SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 26
PENAL CODE
26-01-01 ABDUCTION
Any person who shall willfully take away or detain another person against their
will or without the consent of the parent or other person having lawful care of
him/her, shall be deemed guilty of a Class one (1) Misdemeanor.
26-02-01 ASSAULT
Any person who shall willfully and unlawfully attempt or offer, with force or
violence to do a corporal hurt to another and creates a well-founded fear of
imminent peril, shall be deemed guilty of a Class G Misdemeanor.
26-03-01 ASSAULT AND BATTERY
Any person who shall willfully and unlawfully use force or violence upon the
person of another or who by offering violence causes another to harm
himself/herself shall be deemed guilty of a Class One (1) Misdemeanor.
26-04-01 ASSAULT WITH INTENT TO COMMIT RAPE
Any person who shall assault a person with the intent to commit rape shall be
deemed guilty of a Class One (1) Misdemeanor.
26-05-01 ASSAULT ON A PUBLIC OFFICIAL
Any person who shall willfully and unlawfully attempt or offer, with force or
violence, to do a corporal hurt to any Public Official, while in the performance
of their duties, shall be deemed guilty of a Class One (1) Misdemeanor.
26-06-01 ABUSE OF DOMESTIC ANIMALS
Any person who shall willfully or negligently mistreat, poison, or abuse any
domestic animal by unreasonable exposure to heat or cold shall be deemed guilty
of a Class F Misdemeanor.
26-07-01 ATTEMPT
Any person who attempts to commit any crime, and in such attempt does any act
toward the commission of such crime, but fails or is prevented or intercepted in
the perpetration thereof, is punishable where no provision is made by law for
the punishment of such attempt, as follows: If the offense so attempted is
punishable by a sentence to labor, a fine, or both, the offender convicted of
attempt may be punished by a sentence to labor, a fine, or both, not exceeding
one half (½) of the longest sentence to labor, and one half (½) of the largest
fine which may be imposed upon conviction for the offense so attempted. A
violation of this section is deemed a Special Class Misdemeanor.
26-08-01 ATTEMPT RESULTING IN COMMISSION OF OTHER CRIMES
26-07-01 does not protect any person who, in attempting unsuccessfully to commit a crime accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. A violation of this section shall be deemed a Special Class Misdemeanor.
26-09-01 ATTEMPTED SUICIDE
Any person who attempts to commit suicide shall be held in Protective Custody
until transferred to an appropriate facility upon order of the Court. A
violation of this section shall be deemed a special Class Misdemeanor.
26-10-01 BREAKING AND ENTERING
Any person who shall knowingly or willingly break into and enter a home,
business, or building of another person shall be deemed guilty of a Class C
Misdemeanor and make restitution for damages to the injured party.
Any person who shall give or offer to give any money, property, or services or anything else of value to another person with corrupt intent to influence another in the discharge of public duties, and any person who shall accept, solicit or attempt to solicit any bribe, as defined above, shall be deemed guilty of a Class One (1) Misdemeanor.
26-12-01 CARNAL KNOWLEDGE OF PERSON UNDER SIXTEEN
Any person who shall have sexual intercourse with a person under the age of
sixteen (16) years, or any person who aids or permits any such violation shall
be deemed guilty of a Class One (1) Misdemeanor.
26-13-01 CARRYING CONCEALED WEAPONS
Any person, who except police officers in the performance of their duties, who
shall go about in public places armed with a dangerous weapon concealed upon
his/her person unless he/she shall have, in his/her possession, a permit signed
by the Chief Judge or designated alternate shall be deemed guilty of a Class D
Misdemeanor.
26-13-02 DANGEROUS WEAPON DEFINED
One dangerous to life; one by the use of which a fatal wound may probably or
possibly be given.
26-13-03 CONFISCATED WEAPONS
Such dangerous weapons shall be confiscated by the police officer, be placed for
public auction at a time and place determined by the Court; and the former
owners of such weapons shall be barred from repurchasing the weapons.
26-14-01 CHILD ABUSE
Any person who willfully causes or permits any child to suffer, or who inflicts
thereon unjustifiable physical pain or mental suffering, and whoever, having the
care or custody of any child, causes or permits the life or limb of such child
to be endangered,:or the health of such child to be injured, shall be deemed
guilty of a Class A Misdemeanor.
26-14-02 Any person who willfully inflicts upon any child any cruel or inhumane corporal punishment or injury resulting in a traumatic condition but not constituting a felonious assault or attempted murder is guilty of a Class One (1) Misdemeanor.
26-14-03 Any abused child is a child found to be suffering abuse of a physical, emotional,, nutritional, sexual, or exploitative nature.
26-15-01 STATUTE OF LIMITATIONS - SEXUAL ABUSE
26-15-02 Limitation of Time on Filing Complaints No complaint, charging the commission of an offense seven (7) years or more, prior to the date the complaint is filed, shall be valid; provided, that the absence of the person charged, from the Reservation to avoid service of summons or arrest, shall toll the time and shall not count in computing the seventh year.
26-16-01 CHILD NEGLECT
Any person who willfully causes or permits any child to be placed in one or more
of the following:
26-16-02 A child whose parents, guardian, or custodian fails or refuses to provide necessary subsistence, education, medical care, or any other care necessary for the child's health and well-being while the parents, guardian, or custodian is capable of doing so.
26-16-03 A child who lacks adequate parental control by reason of the fault or habit of his/her parents or guardian, or custodian.
26-16-04 A child under fourteen (14) years of age who is left without competent supervision overnight for other than emergency reasons.
26-16-05 A child exposed to physically dangerous situations as a result of parental negligence.
26-16-06 A child left with an irresponsible baby-sitter.
26-16-07 A child who is not dressed adequately for weather conditions.
26-16-08 A child under fourteen (14) years of age who is left alone or unsupervised in a car.
26-16-09 A child under eighteen (18) years of age who accompanies its parents, guardian, or custodian into a bar where the child is unsupervised or uncared for.
26-16-10 A child under eighteen (18) years of age, who is allowed access to alcoholic beverages or drugs.
26-16-11 A child who is fourteen, (14) years of age or under and has more than ten (10) unexcused absences from school in a semester or other standard school term.
26-16-12 A child who is allowed to be out and unsupervised after curfew.
26-16-13 A violation of Sections 26-16-01 through 26-16-12 shall be deemed a Special Class Misdemeanor and sentenced as follows:
1st Offense: 30 Days, $100.00 Fine, or Both
2nd Offense: 60 Days, $200.00 Fine, or Both
3rd Offense: 90 Days, $360.00 Fine, or Both
26-16-14 Where appropriate, the Court may order guidance and counseling, or other rehabilitative services.
26-16-15 REVIEW OF RECORD
In determining if a person shall be sentenced for his/her first, second, or
third Child Neglect offense, the Court shall review that person's Tribal Court
record for the past four (4) years.
26-17-01 DETOXIFICATION
A peace officer shall have authority to take any person appearing in public in
an apparently intoxicated condition to his/her home, to a local hospital, or
whenever the person constitutes a danger to himself/herself or others, to jail
for purposes of detoxification. If taken to jail, the person shall not be held
for more than seventy-two (72) hours and the peace officer shall make every
effort to contact the person's family or relatives to inform them of the
intoxicated person's whereabouts.
26-18-01 CONTEMPT OF COURT
Any person guilty of any Contempt of Court of any of the following is guilty of
an offense.
26-18-02 Disorderly, contemptuous, or insolent behavior, committed during the sitting of the Tribal Court, in immediate view and presence of the Court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.
26-18-03 Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the Court.
26-18-04 willful disobedience to any process or order lawfully issued by the Court.
26-18-05 Resistance willfully offered by any person to the lawful order or process of any court.
26-18-06 The contumacious and unlawful refusal of any person to be sworn or affirmed as a witness,- or when so sworn or affirmed, such as refusal to answer any material question, unless said question is self-incriminating and the witness is not the defendant.
26-18-07 The publication of a false or grossly inaccurate report of the proceedings of any Court.
26-18-08 But no person can be punished for contempt, in publishing a true, full, and fair report of any trial, argument, decision, or proceeding held in Court.
26-18-09 Any person violating any part of Sections 26-18-01 through
26-18-07 shall be deemed guilty of a Special Class Misdemeanor and shall be sentenced according to the discretion of the Judge.
26-19-01 USE OF NOXIOUS SUBSTANCE
For purposes of this section, noxious substances shall include the inhalation,
consumption or any other means of introducing noxious substances into the human
system to produce a mind-altering state. Noxious substances shall include but
not be limited to Lysol products, sterno, rubbing alcohol, shaving lotion,
gasoline, glue, paint, etc. Any person who shall use, furnish, sell, permit or
give away such substance for the preceding purposes shall be deemed guilty of a
special Class Misdemeanor and shall be sentenced to thirty (30) days in jail or
one hundred dollars ($100.00) fine, or both, and if circumstances warrant,
referral or ordered to a treatment facility or program that will provide
rehabilitation.
26-20-01 CONTRIBUTING TO THE DELINQUENCY OF A MINOR
Any person who shall, by any act of omission, cause, encourage, or contribute to
the delinquency of any child, shall be deemed guilty of a Class One (1)
Misdemeanor.
26-21-01 CURFEW
Any parent, guardian, or custodian whose children shall fail to obey the curfew
regulations shall be deemed guilty of a Special Class Misdemeanor.
26-22-01 DESTROYING EVIDENCE
Any person who shall willfully and knowingly destroy any evidence that could
be-used in the trial of a case with the intent to prevent same from being used
is guilty of a Class D Misdemeanor.
26-23-01 DESTROYING FENCE
Any person who shall willfully destroy by any means the fencing or fences
belonging to another person shall be deemed~guilty of a Special Class
Misdemeanor and shall be ordered to make restitution.
26-24-01 DISCHARGING FIREARMS, AIR GUNS
Any person, except police officers in the performance of their duties, or a
licensed hunter, who willfully discharges any firearms, air guns, or other
weapons within the limits of the Lake Traverse' Reservation in a manner
endangering persons or property (not his/her own), shall be deemed guilty of a
Class D Misdemeanor.
26-25-01 DISOBEDIENCE OF LAWFUL ORDERS OF THE COURT
Any person who shall willfully disobey any order, subpoena, warrant, or summons
duly issued, and made or given by the Sisseton-Wahpeton Sioux Tribal Court, or
any officer thereof shall be deemed guilty of a Class B Misdemeanor.
26-26-01 DISPOSING OF PROPERTY OF AN ESTATE
Any person who sells, trades, or otherwise disposes of any property of an estate
before the determination of the heirs and without proper authority, shall be
deemed guilty of a Special Class Misdemeanor and ordered to pay restitution.
26-27-01 DISORDERLY CONDUCT
A person is guilty of disorderly conduct when, with intent to cause
inconvenience, annoyance, or alarm or recklessly creating a risk thereof in a
public or private place, that person is found to be in one or more of the
following situations.
26-27-02 Engages in fighting, violent or disruptive behavior.
26-27-03. Makes unreasonable noise or noises.
26-27-04 Without lawful authority, disturbs any lawful assembly or
meeting.
26-27-05 Obstructs vehicular or pedestrian traffic.
26-27-06 Creates a hazardous condition by any act which serves no legitimate purpose.
26-27-07 A violation of Sections 26-27-01 through 26-27-06 shall be deemed a Special Class Misdemeanor and sentenced as follows:
1st Offense: Class F Misdemeanor.
2nd Offense: Class E Misdemeanor.
3rd Offense: Class D Misdemeanor.
4th Offense (or more): Class one (1) Misdemeanor.
26-27-08 REVIEW OF RECORD
In determining if a person shall be sentenced for his/her first, second, third,
'or fourth disorderly Conduct offense, the Court shall review that person's
Tribal Court record for the past four (4) years.
26-28-01 HARASSMENT
A person shall be deemed guilty of harassment when, with intent to harass,
annoy, or alarm another person, that person is found to be in one or more of the
following situation.
26-28-02 Strikes, shoves, kicks, or otherwise subjects a person to physical contact, or attempts to or threatens to do the, same.
26-28-03 Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other persons and which serve no legitimate purpose.
26-28-04 A violation of Sections 26-28-01 through 26-28-03 shall be deemed a Special Class Misdemeanor and sentenced as follows:
1st Offense: Class F Misdemeanor.
2nd offense: Class E Misdemeanor.
3rd Offense: Special Class Misdemeanor (sentenced at Court's discretion).
4th Offense: Class One (1) Misdemeanor (or more)
26-28-05 REVIEW OF RECORD
In determining if a person shall be sentenced for his/her first, second, third,
or fourth Harassment offense, the Court shall review that person's Tribal Court
record for the past four (4) years.
26-29-01 DOGS RUNNING AT LARGE. See Chapter 54.
26-30-01 FAILURE TO SUPPORT DEPENDENT PERSONS
Any person who shall, because of habitual intemperance, or for any other reason,
refuse or neglect to furnish food, shelter, or care to those dependent upon
him/her, including any dependent children born out of wedlock, shall be deemed
guilty of a Special Class Misdemeanor and may be sentenced to a fine and jail
not to exceed a Class C Misdemeanor and order attendance at a rehabilitation
program, family counseling service program, or any other program designed to
correct the problems that resulted in conviction.
Any person, who shall without good cause, as defined below, neglect or refuse to send his/her child or any child in his/her care to school until such child has reached the age of eighteen (18) years, or has completed the eighth (8th). grade shall be deemed guilty of a Class D Misdemeanor. Good cause is defined in the following sections.
26-31-02 Illness in his/her immediate family, making his/her presence at home an actual necessity, or his/her presence in school a menace to the health of the other pupils.
26-31-03 The child is otherwise instructed by a competent person for a like period of time in the branches commonly taught in the schools. All such instructions can be given in both the Dakota and English languages and reports covering his/her work shall be filed with Tribal Education Department on such forms and as often as the Department may require.
26-31-04 The physical or mental condition of the child is such as to render his/her attendance at school unsafe, impracticable, or harmful either to such child or to others. The evidence of such condition is evidenced by the certificate of a reputable physician, dentist, or other persons who may lawfully treat sickness or disease or by a certificate of a psychologist.
26-31-05 The child, as declared by a reputable physician, is mentally or physically handicapped and cannot receive proper instruction in the common schools, in which case suitable provisions will be made for the instruction or training of such "individuals", if possible. In the event that a mentally handicapped or physically handicapped child is not given such instruction, it shall be the duty of the Tribal Judge to make a written report of said condition to the Agency Branch of Welfare and the Tribal Education Department or appropriate referral.
26-32-01 EMBEZZLEMENT
Any person who shall, having lawful custody in a trust relationship of property
not his/her own, appropriate the same for his/her own use with intent to deprive
the owner thereof, shall be deemed guilty of a Class One (1) Misdemeanor and
ordered to make restitution.
26-33-01 ESCAPE
Any person, who being in lawful custody for any offense, shall escape or attempt
to escape or who shall permit or assist or attempt to assist or permit another
to escape from lawful custody shall be deemed guilty of a Class One (1)
Misdemeanor.
26-34-01 EXTORTION
Any person who shall willfully, by making false charges against another by use
of force or threats, extort or attempt to extort any money, goods, property,- or
anything else of value, shall be deemed guilty of a Class one (1) Misdemeanor.
26-35-01 FALSE ARREST
Any person who shall willfully and knowingly make, or cause to be made, the
unlawful arrest, detention, or imprisonment of another person shall be deemed
guilty of a Class One (1) Misdemeanor.
26-36-01 FRAUD
Any person who shall by willful misrepresentation or deceit, or by false
interpretation, or by the use of false weights, measures or brands, obtain money
or other property shall be deemed guilty of a Class One (1) Misdemeanor.
26-37-01 FORGERY
Any person who shall, with intent to defraud, falsely sign, execute or alter any
written instrument, shall be guilty of forgery, and shall be deemed guilty of A
Class one (1) Misdemeanor and shall pay restitution.
26-38-01 INJURY TO PUBLIC PROPERTY
Any person who shall, without proper authority, use of injury to any public,
government, or Tribal property shall be deemed guilty of a Class D Misdemeanor
and shall pay restitution.
26-39-01 INTERFERING WITH POLICE OFFICER
Any person who shall willfully and unlawfully attempt or offer to interfere with
an officer of the law in the performance of his/her duties, shall be deemed
guilty of a Class D Misdemeanor.
26-39-02 Any person who shall be convicted of a second offense or more, shall be deemed guilty of a Class One (1) Misdemeanor.
26-40-01 LITTERING
Any person who shall place any garbage, refuse, ashes, junk glass bottles, tin
cans, or any form of litter or debris on or near any public road, or any other
public ground, or in and around any public waters of the Lake Traverse
Reservation shall be deemed guilty of a Class F Misdemeanor and may be ordered
to clean up that portion of the area in which the offense was committed.
26-40-02 Any person who acts in such manner, or permits his/her property to fall into such condition as to injure or endanger the safety, health, comfort, or property of his/her neighbors, shall be deemed guilty of a Special C Class Misdemeanor and sentenced to clean up that portion of the area and also may be ordered to pay restitution.
26-41-01 LOPHOPHORA WILLIAMS11 (PEYOTE, PELLOTE)
Any person who sells, furnishes, or gives away or offers to sell, furnish, or
give away, or has in his possession Lophophora Williamsii (Peyote, Pellote) or
any compound derivative or preparation thereof,shall be deemed guilty of a Class
One (1) Misdemeanor.
(NOTE: This section shall not be applied to the Native American Church.)
26-42-01 MALICIOUS MISCHIEF
Any person who maliciously injures, defaces, or destroys any real or personal
property not his/her own, is guilty of a Special Class Misdemeanor and sentenced
to make restitution for the injury done; and upon failure of the defendant to
make restitution, the Judge may impose a sentence not to exceed the
specifications of a Class A Misdemeanor.
26-43-01 MARIJUANA AND NARCOTIC DRUGS
Any person who shall plant, grow, cultivate, harvest or gather, or sell, barter,
or give away, or have in possession any cannabis Indian or cannabis sativa,
commonly known as Indian hemp, hashish, or shall be deemed guilty of an offense
and upon conviction thereof, shall be sentenced to:
1. A CLASS B MISDEMEANOR for possession of one ounce (1 oz.) or less of
Marijuana.
2. A CLASS A MISDEMEANOR for possession of more than one ounce (1 oz.) but less
than one pound (1 lb.) or more of marijuana.
3. A CLASS ONE (1) MISDEMEANOR for possession of one pound (1 lb.) or more of
Marijuana.
4. A CLASS B MISDEMEANOR for distribution of one ounce (L oz.) or less of
Marijuana
5. A CLASS A MISDEMEANOR for distribution of one ounce (1 oz.) but less than one
pound (1 lb.) of Marijuana.
6. A CLASS ONE (1) MISDEMEANOR for distribution of one pound (1 lb.) or more of
Marijuana.
26-43-02 Any person who shall knowingly possess, barter, sell, exchange, give, deliver, or offer any other person any narcotic drug, meaning coca leaves, opium, isonipecaine, amidene, isoamidene, ketobemidene, lysergic acid diethylamide, commonly known as LSD and every substance neither chemically nor physically distinguishable from them; and other drugs to which the Federal laws relating to narcotic drugs may now apply; shall be deemed guilty of a CLASS ONE (1) Misdemeanor.
26-44-01 UNAUTHORIZED POSSESSION OF DRUGS
No person knowingly possess a drug or substance unless such substance was
obtained directly pursuant to a valid prescription or order from a practitioner,
while acting in the course of his/her professional practice. a violation of this
section is a CLASS ONE (1) Misdemeanor.
26-45-01 OBTAINING MONEY OR PROPERTY UNDER FALSE PRETENSES
Any person who shall willfully and knowingly by misrepresentation of facts, or
through devious methods obtain money or other property shall be guilty of a
Class B Misdemeanor and make restitution.
26-46-01 PARENTAL RELINQUISHMENT OF CHILD CUSTODY
No parent shall relinquish or otherwise transfer his/her rights with respect to
the custody of his/her child under eighteen (18) years of age. Any such transfer
or relinquishment, written or otherwise, shall be void in the absence of a
decree by a court having jurisdiction. Any person violating this section shall
be deemed guilty of a Class One (1) Misdemeanor.
26-47-01 PERJURY
Any person who shall wildly in any judicial proceeding in any Court of the
Sisseton-Wahpeton Sioux Tribe, falsely swear or interpret, or shall make a sworn
statement or affidavit knowing the same to be untrue, or shall induce or procure
another person to do so, shall be deemed guilty of a Class One (1) Misdemeanor.
26-48-01 RECEIVING STOLEN PROPERTY
Any person who shall receive or conceal or aid in concealing or receiving any
property, knowing the same to be stolen, embezzled, or obtained by fraud or
false pretense, robbery or burglary, shall be deemed guilty of a Class B
Misdemeanor and make restitution.
26-49-01 REFUSING TO AID AN OFFICER
Any person who shall unreasonably neglect or refuse when called upon by any
Tribal Police Officer to assist in the arrest of any person charged with or
convicted of any offense, or in securing such offender when apprehended, or in
conveying such offender to the nearest place of confinement shall be deemed
guilty of a Class E Misdemeanor.
Any person who shall willfully and knowingly by force or violence, resist or assist another person to resist lawful arrest shall be deemed guilty of a Class B Misdemeanor.
26-51-01 REMOVAL OF A CHILD FROM THE CUSTODY OF ITS PARENTS OR GUARDIAN
Any person, partnership, voluntary association, or corporation which
maliciously, forcibly or fraudulently takes or entices away a child under the
age of eighteen (18) years, with intent to detain or conceal the child from its
parents, guardian, -or other person having lawful charge of the child shall be
deemed guilty of a Class One (1) Misdemeanor.
26-52-01 BETTING FIRES
Every person who shall willfully or negligently kindle or cause to be kindled,
fire within the Lake Traverse Reservation or town sites therein, and leaves it
unextinguished or negligently or carelessly without full precaution to prevent
fire spreading, permits it to spread beyond his/her control, so as to endanger
the property of another, or is a party to any of the foregoing, and whether such
fire is kindled upon his/her own land or not; or who finding any uncontrolled
fire burning, fails to give immediate warning and make reasonable attempt to
extinguish it. A person in violation of this section shall be deemed guilty of a
Class D Misdemeanor and ordered to make restitution.
26-53-02 STALKING
Any person who willfully, maliciously, and repeatedly follows or harasses
another person or who makes a credible threat to another person with the intent
to place that person in reasonable fear of death or great bodily injury is
guilty of the crime of Stalking.
A violation of Section 26-53-01 shall be deemed a special Class Misdemeanor and shall be sentenced as follows:
1st Offense: Class E Misdemeanor
2nd Offense: Class C Misdemeanor
3rd Offense: Class B Misdemeanor
4th Offense: Class One (1) Misdemeanor
(or more)
26-53-03 REVIEW OF RECORD
In determining if a person shall be sentenced for his/her first, second, third,
or fourth Stalking Offense, the court shall review that person's Tribal Court
record for the past five (5) years.
26-54-01 THEFT
Any person who takes, or exercises control over, property of another with intent
to deprive him/her of it, is guilty of theft. A violation of this section shall
be deemed a Class One (1) Misdemeanor and restitution may be ordered.
26-54-02 Any person who obtains property of another by deception is guilty of theft.
26-54-03 Any person who obtains -property of another by threats is guilty of theft.
26-55-01 TIMBER - WANTON INJURY
Any person who shall wantonly or maliciously, or without proper-permission, cut,
dig up, or injure any timber planted, cultivated, or growing naturally on the
Lake Traverse Reservation, or who shall wantonly or maliciously open, let down,
throw down; tear down, or prostrate any fence, gate or bars, belonging to any
enclosure of any description of cultivated and growing timber shall-be deemed
guilty of a Class D Misdemeanor and may be ordered to make restitution.
26-56-01 TRESPASS
Any person who wildly commits any of the, following within the territorial
jurisdiction of the Lake Traverse Reservation shall be deemed guilty of a Class
One (1) Misdemeanor.
26-56-02 Entering and occupying land, real property, structures of any kind without the consent of the owner, or uses his/her agent, or person in lawful possession thereof.
26-56-03 Refusing or failing to leave land, real property, or structures of any kind belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by a police officer and the owner, or user, his agent, or the person in lawful possession thereof.
26-56-04 Refusing or failing to leave a public building or a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a police officer, a regularly employed guard, watchman, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances are such as to indicate to a reasonable man that such person has no apparent lawful business to pursue.
26-56-05 Entering any lands or buildings whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intent to interfere with, obstruct or injure any lawful business or occupation carried on by the person in lawful possession.
26-57-01 UNAUTHORIZED LEASING
Any person who leases land in violation of the Tribal or BIA leasing regulations
shall be deemed guilty of a Class One (1) Misdemeanor.
26-58-01 UNAUTHORIZED TAMPERING WITH A MOTOR VEHICLE
Any person who shall tamper with a motor vehicle of another with intent to
injure the vehicle or cause inconvenience to the owner or who shall take and
operate the vehicle of another without' the consent of the owner or person
lawfully in charge thereof, shall be deemed guilty of a Class A Misdemeanor and
shall be ordered to make restitution:
26-59-01 POSSESSION OF ALCOHOL AT TRIBAL CEREMONIAL PARK
Any person who shall knowingly possess, barter, sell, exchange, give, deliver,
or offer any other person any alcoholic beverage at the Tribal Ceremonial Park
shall be deemed guilty of a Class F Misdemeanor.
26-60-01 PROSTITUTION
Any person who shall practice prostitution or who shall knowingly keep,
maintain, rent, or lease, any house, room, or other place for the purpose of
prostitution shall be deemed guilty of a Class One (1) Misdemeanor.
26-60-02 Any person who shall patronize any person or establishment defined above shall be deemed guilty of a Class One (1) Misdemeanor.
26-61-01 AIDING AND ABETTING
Any person who with the intent to promote or facilitate the commission of an
offense, aids, abets, or advises another person in planning or committing the
offense is legally accountable, as a principal to the offense and shall be
deemed guilty and be sentenced according to the maximum penalty of the crime
which was aided or abetted.
26-62-01 INTERFERENCE WITH WITNESSES
Whoever in any way or degree obstructs, delays, or affects tribal court
processes or threatens to, or attempts or conspires to do so, or commits or
threatens physical violence to any person or property in furtherance of a plan
or purpose to do anything in violation of this section shall be deemed guilty of
a Class one (1) Misdemeanor.
26-63-01 INDECENT EXPOSURE
Any person who intentionally and with an immoral purpose exposes his/her
genitalia or other private parts in any place where there are present other
persons to be offended or annoyed thereby is guilty of a Class One (1)
Misdemeanor.
26-64-01 REFUSAL TO ACCEPT DIAGNOSIS OR TREATMENT FOR COMMUNICABLE DISEASE
Any person within the jurisdiction of the Sisseton-Wahpeton Sioux Tribe,
reasonably suspected of being infected with a communicable disease shall accept
necessary diagnosis or treatment, or both, or who fails to follow the reasonable
and necessary directives of the Indian Health Service personnel, State Health
Department issued for the protection or other persons, is guilty of a Class One
(i) Misdemeanor.
26-65-01 INCEST
Any person who shall knowingly and willfully engage in sexual conduct or sexual
intercourse with immediate family members, excluding a husband and wife, and
including anyone related through blood, marriage, or adoption, up to and
including second cousins, shall be deemed guilty of a Class One (1) Misdemeanor.
26-66-01 PRACTITIONERS, HOSPITAL AND SCHOOL PERSONNEL, LAW ENFORCEMENT OFFICERS AND CORONERS TO REPORT CHILD ABUSE AND NEGLECT CASES. FAILURE AS MISDEMEANOR REPORTS BY OTHER PERSONS
26-66-02 Any physician, surgeon, pathologist, dentist, doctor of osteopathy, chiropractor, optometrist, mental health professional, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or probation officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, or coroner, any placement center licensed by the State or Tribe to provide care of placement children, person dealing with the counseling of children having reasonable cause to suspect that a child under the age of eighteen (18) years has been starved, neglected as defined in sections 26-14-01 through 26-15-13, has had physical injury or injuries inflicted upon him/her by abuse or intentional neglect other than by accidental means, or has been subjected to circumstances or conditions which would reasonably result in abuse or neglect, by any person, including a parent or other person responsible for his/her care, shall report or cause reports to be made in accordance with Section 38-29-01. Any person who intentionally fails to make a report required of him/her is guilty of a Class One (1) Misdemeanor. Any person who knows, suspects, or has reason to believe that a child has received physical or emotional injury or injuries as the result of abuse or intentional neglect shall make a report as provided by law.
(See Sections 38-28-01, 38-30-01, and 38-30-02 of the Juvenile Code)
26-67-01 PASSING CHECKS AGAINST INSUFFICIENT FUNDS
Any person who, for himself or as agent or representative of another, for a
present consideration with intent to defraud, passes a check drawn on a
financial institution knowing at the time of such passing that there are not
sufficient funds in the account on which the check was drawn in the financial
institution for the payment of such check and all other checks upon such funds
then outstanding, in full upon its presentation, although no express
representation is made with reference thereto, is guilty of passing a check
against insufficient funds. A person who passes a check of one hundred (100)
dollars or less against insufficient funds is guilty of passing a check against
insufficient funds in the Third Degree,which is a Class D Misdemeanor. A person
who passes a check or a series of checks within any thirty (30) day period in
the amount of two hundred (200) dollars or less but not more than one hundred
(100) dollars, against insufficient funds, is guilty of passing a check against
insufficient funds in the Second Degree, which is a Class B Misdemeanor. A
person who passes a check of more than two hundred (200) dollars, or a series of
checks with any thirty (30) day period totaling more than two hundred (200)
dollars is guilty of passing a check against insufficient funds in the First
Degree, which is a Class A Misdemeanor.
26-67-02 (1) The passing of a check as described above, creates a rebuttable presumption that the person who passed it had knowledge of insufficient funds in the account on which the check was drawn in the financial institution.
26-68-01 PASSING CHECK AGAINST NONEXISTENT ACCOUNT
Any person who, for himself or as an agent or representative of another for Q
Amendment present consideration with intent to defraud, passes a check drawn on
a financial institution knowing at the time of such passing that he or his
principal does not have an account with such passing that he or his principal
does not have an account with such financial institution, is guilty of a Class
One (1) Misdemeanor. It is a defense to this section that the actor's or his
principal's account was enclosed without the actor's actual knowledge. Evidence
that the financial institution mailed a notice by certified or registered mail
to the person in whose name the account was listed at the last address contained
in the financial institution's records shall constitute a rebuttable presumption
that the actor had knowledge that his or his principal's account was closed.
26-68-02 If a person, who has been accused of a violation of the above statutes, restores or returns the- property allegedly obtained as consideration or makes payment of the check before a complaint or information is laid before a Tribal Judge, such fact may be considered in mitigation of punishment. The restoration or return of the property or payment of the check is not a defense to a violation of the above statutes,, nor may it be considered by the finder of fact.
26-68-03 The making of a postdated or hold check, knowingly received as such; or a check issued under an agreement with the payee that the check would not be presented for payment for a time specified, does not constitute a violation of the above statutes.
26-68-01 The holder of an insufficient funds check shall, before presenting it to the Tribal Prosecutor for prosecution, serve a notice of dishonor upon the writer of the check, by registered or certified mail, return receipt requested. The holder of the dishonored check shall upon return of the receipt hold it for a period of at least five (5) days and upon the expiration of that period shall present the check with the attached bank return, return receipt and copy of dishonor notice to the Tribal Prosecutor for prosecution.
1. The notice of dishonor required by the above sections shall be in substantially the following form:
Date:
Name of Issuer:
Bank of which drawn:
Date of check:
Amount of check:
Person or merchant holding check:
YOU ARE HEREBY NOTIFIED that your check described above has been dishonored and is now being held by the above person or merchant for a period of five (5) days from the above date. Payment of the amount of the check or return of the goods purchases is not a defense to a violation of this statute.
26-68-05 Service of the above notice of dishonor is not an element of passing a check against insufficient funds or against a nonexistent account. If the notice required above is returned undelivered, or if it appears to the Tribal Prosecutor that there is reasonable cause to believe that the writer of the check intends to remove himself from the jurisdiction of the Court, the Tribal Prosecutor shall not require such notice before commencing prosecution.
26-68-06 A criminal prosecution under the above statutes must be commenced within six (6) months after the holder of a check receives notice of its dishonor. Failure to prosecute a complaint within six (6) months shall be a bar to any criminal action under these sections.
26-69-01 SEVERABILIITY
If any clause, sentence, paragraph, section, or part of this code shall, for any
reason be adjudicated by any court of competent jurisdiction, to be invalid or
unconstitutional, such judgement shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the-clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgement shall have been rendered. (Bad Check Statute
adopted by Tribal Council on November 9, 1989 with 16 yes votes, 1 absent from
vote and 1 not voting.)
SISSETON-WAHPETON SIOUX TRIBE
OF THE LAKE TRAVERSE RESERVATION
SISSETON, DAKOTA 57262
TRIBAL COUNCIL ORDINANCE NO. 80-01
WHEREAS, The Sisseton-Wahpeton~Sioux Tribe of the Lake Traverse is organized under a Constitution and by laws adopted by the members of the tribe on August 1-2, 1966; approved by the Commissioner of Indian Affairs on August 25, 1966 and,
WHEREAS, Article VII (D) to make rules governing the relationship of the members to the tribe, to tribal property and to one another as members of the tribe, and to assess fees of members to effectuate tribal purpose and,
WHEREAS, The United States and States of the Union have a policy for the use of its property and vehicles and,
WHEREAS, The Sisseton-Wahpeton tribal government does not have an ordinance addressing the use of tribal property and vehicles,
NOW THEREFORE BE IT RESOLVED, that this tribal council be on record by this Ordinance, that the following rules, and regulations be enforced by the tribal court and law enforcement primarily with operators, tribal vehicles, equipment, and property;
(1) There will be forms for applications, and forms for certification
(attached)
(2) A basic requirement will be a valid state drivers license.
(3) Operating Test:
A. Each applicant will be required to take a practical operating test administered by a
properly certified examiner. The Tribal Chairman will certify a skilled operator to be the examiner.
B. The certified examiner will develop guidelines for a written and operating testing procedure. The Chairman will approve the guidelines developed.
(4) Tribal vehicles, equipment, and property shall be identified as passenger
cars; pickups; semi-trucks; farm: tractors;"combines; plows; disks;
swathers; back hoes; crawlers; tractors; road graders; scrapers; cranes-; front
end loaders; snow blowers on tractors; vans; school buses; bull dozers; police
cars; ambulances; bobcats; well drilling rigs, etc.
(5) Operating Classification:
A. The issuing office will use a system of classification for the type of equipment used.
B. Skilled operator, is operator by profession.
C. Incidental operator, is semiskilled.
D. Student operator, need to be under supervision.
E. The issuance of the certification of the applicant, will be according to the standards in the skilled operators manual.
(6) Qualified Examiner:
A. The test will be witnessed or conducted by the designee of the tribal chairman. A current Certified License on heavy equipment held by the applicant would be recognized by the tribe.
(7) Requirements:
A. Age - applicant must be 18 years old or older.
B. Physical requirements - physical examination by a qualified medical officer.
C. Must have an annual physical examination to retain license.
D. Eye sight - operators must have minimum vision 20/50 in either eye with or without glasses. Operators must take color test.
E. Must possess valid state drivers license.
(8) Enforcement:
A. Tribal police are given the authority to:
1. Spot check all tribal vehicle operators for valid drivers license.
2. Spot check equipment operators for current license.
3. Check operator for written authority to operate. Authorization is to be carried in vehicle when being used.
(9) Violation: All violators will be prosecuted according to damages entailed and the tribal code.
A. Vehicles and equipment operated by unauthorized operators will be impounded.
B. Unauthorized operators will be prosecuted according to the Tribal Law Code.
C. Unauthorized operators will be responsible for any damages to equipment.
D. All operators will be liable for damages caused through negligence.
(10) Revocation of tribal operators license will follow this procedure:
A. D.W.I. 1st Offense - 30 days to 6 months. 2nd Offense - 6 months to 1 year. 3rd Offense - 1 year to 3 years. 4th Offense - Permit to be revoked indefinitely.
B. At fault accident:
lst Offense - 30 days to 6 months.
2nd Offense - 6 months to 1 year.
3rd Offense - 1 year to 3 years.
4th Offense - Permit to be revoked indefinitely.C. Expiration of valid South Dakota license shall be grounds for revocation of tribal government license. All traffic offenses will be grounds for revocation.
D. A waiver may be negotiated with the court for employment.
(11) Council obligation:
A. All tribal vehicles and equipment shall be clearly identifiable.
B.: Tribal insurance to cover all permits.
C.. Council shall delegate one person to monitor and develop an operating plan to press charges, and establish a reporting system.
(12) All operators will have a written authorization to operate the vehicles and equipment signed by the chairman with the designated director and manager.
(13) This ordinance will become effective 30 days after the approval of the Tribal Council.
(14) All vehicles will contain a log book identifying the equipment, recording mileage, maintenance received, and name of operator.
CERTIFICATION
We the undersigned duly elected Chairman and Secretary of the Sisseton-Wahpeton Sioux Tribal Council, do hereby certify that the above ordinance was duly adopted by the Sisseton-Wahpeton Sioux Tribal Council, which is composed of 15 members constituting a quorum, were present at a Tribal Council meeting duly noticed, called, convened and held at TiWakan Center, Sisseton, South Dakota on January 8, 1980, by vote of 14 for, 0 opposed, 1 not voting, and that said ordinance has not been rescinded or amended in any way.
Dated this 14th day of January, 1980.
Vernon L. Cloud, Tribal Secretary
Sisseton-Wahpeton Sioux Tribal Council
ATTEST:
Jerry Flute, Tribal Chairman
Sisseton-Wahpeton Sioux Tribal council