TITLE
FIVE - CODE OF CRIMINAL OFFENSES
A. General Provisions
B. Attempt, Conspiracy, and Solicitation
C. Offenses Involving Danger to the Person
D. Offenses Against Property
E. Offenses Against the Family
F. Offenses Against the Administration of Government
G. Offenses Against Public Order and Decency
H. Defenses
I. Classes of Offenses and Sentence
A. GENERAL PROVISIONS
Sec. 1 Voluntary Act
a. A
person is not guilty of an offense unless his guilt is based on conduct
which includes a voluntary act, or omission to perform an act of which
he is physically capable.
b. A
reflex or convulsion, a bodily movement during unconsciousness or
sleep, conduct during hypnosis, or a bodily movement that is otherwise
not the product of the effort or determination of the actor are not
voluntary acts within the meaning of this section
c. Guilt
may not be based on an omission to act unless a duty to perform the
omitted act is specifically imposed by this Code.
Sec. 2 Required Mental State
a. A
person is not guilty of an offense unless he acted intentionally recklessly,
or negligently, as the law may require, with respect to each element
of the offense, or unless his act constitute an offense involving
strict liability.
b. If
negligence is the mental state specified in the definition of an offense,
someone may also be convicted if he acts intentionally or recklessly.
If recklessness is the mental state specified in the definition of
an offense, someone may also be convicted if he acts intentionally.
Sec. 3 Definitions of Required Mental State
a. Intentionally
- A person acts intentionally if it's his conscious object to act
as he's acting, or if he's aware or practically certain that a particular
result will be caused by this conduct.
b. Recklessly
- A person acts recklessly when he consciously disregards a substantial
and justifiable risk that a particular result will be caused by this
conduct.
c. Negligently
- A person acts negligently when he should be aware of a substantial
and unjustifiable risk that a particular result will be caused by
this conduct.
d. Strict
Liability - Strict liability means that no particular mental state
is required in the definition of the offense; commission of the act
alone is sufficient.
Sec. 4 Prosecution for Multiple Offenses
a. When
the same conduct of a defendant may establish the commission of more
than one offense, the defendant may be prosecuted for each such offense.
He may not, however, be convicted of more than one offense if:
(1)
one offense is included in the other; or,
(2)
one offense consists only of a conspiracy, solicitation or an attempt
to commit the other; or,
(3)
inconsistent finding of fact are required to establish the offenses;
or,
(4)
the offense is defined as a continuing course of conduct and the
defendant's course of conduct was uninterrupted, unless it's an
applicable law or provision of this Code provided that specific
periods of such conduct constitute separate offenses.
Sec. 5 Ignorance or Mistake of Fact
Ignorance
or mistake as to a matter of fact is a defense only if the ignorance
or mistake negates a specific mental state required to establish the
offense, or it's specifically provides that ignorance or mistake is
a defense.
Sec. 6 Ignorance or Mistake of the Law
A belief
that conduct doesn't legally constitute an offense is a defense only
when the law defining the offense hasn't been published or reasonably
made available prior to the actor's conduct, or if the actor acted in
reasonable reliance upon an official statement of law rendered by a
Tribal Judge.
Sec. 7 Liability for Conduct of Another
A person
is guilty of an offense if it's committed by the conduct of another
person for whom he's legally responsible. A person is legally responsible
for another if he causes an innocent or irresponsible person to engage
in conduct; or if he's an accomplice of such other person in the commission
of the offense. A parent shall be liable for civil damages for criminal
acts of his child under 18 years of age.
Sec. 8 Accomplice Liability
a. A
person is an accomplice of another person in the commission of an
offense, if, with the purpose of promoting or facilitating the offense
he:
(1)
solicits such other person to commit an offense; and
(2)
aids or agrees or attempts to aid such other person in planning
or committing an offense.
b. A
person who is legally incapable of committing a particular offense
himself may be guilty as an accomplice unless such liability is inconsistent
with the purpose of the law under which he is charged.
c. A
person isn't an accomplice in an offense if he terminates his participation
prior to the commission of the offense, and wholly deprives it of
effectiveness, or gives timely warning to the police or otherwise
makes a proper effort to prevent the commission of the offense.
d. An
accomplice may be convicted on proof of the commission of an offense
and of his participation, even though the person who is claimed to
have committed the offense hasn't been prosecuted for, or convicted
of, the same or any other offense.
Sec. 9 Liability for Acts of Corporations or
Unincorporated Associations
A person
is legally responsible for any conduct he performs or causes to be performed
in the name of a corporation or unincorporated association or on its
behalf, to the same extent as if were performed in his own name or behalf.
If a duty to act is imposed by law upon a corporation or association
having primary responsibility for the discharge of the duty, is legally
responsible for a negligent omission to perform the required act, to
the same extent as if the duty were imposed by law directly upon him.
B. ATTEMPT, CONSPIRACY, AND SOLICITATION
Sec. 1 Attempt
a. A
person is guilty of an attempt to commit an offense if, acting with
the kind of mental state otherwise required for the commission of
the offense, he engages in conduct consulting a substantial step towards
commission of the offense.
b. It's
no defense to the offense of attempt that the consummation of the
offense was impossible, as long as the offense could have been committed
had the circumstances been as the actor believed them to be.
c. Attempt
is a Class Offense consistent with the Class of the attempted offense
(Class A is Class A, Class B is Class B, etc.).
Sec. 2 Conspiracy
a. A
person is guilty of conspiracy if he agrees with one or more other
persons to engage in conduct constituting an offense, and any one
of them commits an overt act towards the commission of the agreed
offense.
b. Conspiracy
to commit an offense is the same Class Offense as the offense committed
(Class A is Class A, Class B is Class B, etc.).
c. It's
a defense to a prosecution for conspiracy that the actor made an effort
to withdraw from the conspiracy.
Sec. 3 Solicitation
a. A
person is guilty of solicitation when he, intending that another person
commit an offense, entices, advises, incites, orders, or otherwise
encourages such other person to commit an offense.
b. Solicitation
to commit an offense is the same Class Offense as the offense being
solicited.
C. OFFENSES INVOLVING DANGER TO THE PERSON
Sec. 1 Criminal Homicide
A person
is guilty of criminal homicide if he intentionally, recklessly or negligently
causes the death of another human being. Criminal homicide is a Class
A offense. If the offense is found to have been committed intentionally,
no suspension of sentence or parole shall be granted, and the maximum
imprisonment shall be imposed.
Sec. 2 Assault Definition; Penalties
a. As
used in this section, "assault" means an unlawful attempt,
coupled with a present ability, to commit a violent injury on the
person of another.
b. Any
person convicted of an assault shall be punished:
(1)
If the assault is not made with the use of a deadly weapon, or the
present ability to use a deadly weapon, for a Class C offense.
(2)
If the assault is made with the use of a deadly weapon, or the present
ability to use a deadly weapon, for a Class A offense.
Sec. 3 Battery; Definition; Penalties
a. As
used in this section:
(1)
"Battery" means any willful and unlawful use of force or violence
upon the person of another.
(2)
"Child" means a person under the age of 18 years old.
(3)
"Officer" means -
(a)
A Tribal Police Officer
(b) A person employed in a full time salaried occupation of fire-fighting
for the benefit or safety of the public; or,
(c)
A member of a volunteer fire department
b. Any
person convicted of a battery, other than a battery committed by an
adult upon a child which constitutes child abuse, shall be punished:
(1)
If the battery is not committed with a deadly weapon, and no substantial
bodily harm to the victim results, for a Class C offense.
(2)
If the battery is not committed with a deadly weapon, and substantial
bodily harm to the victim results, for a Class A offense.
(3)
if the battery is committed upon an officer, and:
(a)
the officer was performing his duty;
(b)
the officer suffers any harm;
(c)
the Person Charged knew or should have known that the victim was
an officer, for a Class A offense.
(4)
If the battery is committed with a deadly weapon, regardless of
the extent of harm to the victim, for a Class A offense.
Sec. 4 Provoking an Assault; Penalty
Every
person who shall, by word, sign or gesture,willfully provoke, or attempt
to provoke another person to commit an assault shall be punished for
a Class E offense.
Sec. 5 Unlawful Restraint; Kidnapping
a. A
person is guilty of unlawful restraint if he intentionally:
(1)
restrains another human being so as to interfere with his liberty;
or,
(2)
without consent removes another human being from his place of residence
or business or a place where he would otherwise be found.
b. Unlawful
restraint is a Class A offense if it's done to hold another person
for ransom or reward; to use another person as a shield or hostage;
to facilitate the commission of any offense or flight thereafter;
to interfere with the performance of any Tribal Governmental employee
or political function; if the restraint causes bodily harm to the
victim; or if the restraint exposes the victim to a risk of serious
bodily harm.
c. In
all other cases, unlawful restraint is a Class C offense.
Sec. 6 Custodial Interference
a. A
person, whether a parent or other person, is guilty of custodial interference,
if, without good cause, he takes, entices, conceals, or detains a
child under the age of 16 years from his Parent, guardian, or other
lawful custodian, knowing that he has no legal right to do so, and
with the intent to hold the child for substantially longer than any
visitation or custody period previously awarded by a court of competent
jurisdiction.
b. A
person is guilty of custodial interference, if having actual physical
custody of a child under the age of 16 years pursuant to a judicial
award of a court of competent jurisdiction which has given another
person visitation or custody rights, he detains or conceals the child
with the intent to deprive the other person of his lawful visitation
or custody rights without good cause to do so.
c. A
person is guilty of custodial interference, if, without good cause,
he takes, entices, or detains an incompetent or other person who has
been committed by authority of law to the custody of another person
or institution from the other person or institution, knowing he has
no legal right to do so.
d. Custodial
interference is a Class B offense.
Sec. 7 Sexual Offenses
a. Statutory
Rape:
(1)
A person over the age of 18 years is guilty of statutory rape if
he or she has sexual intercourse with a person under the age of
16 years, with such minor child's consent. However, the provisions
of this Paragraph shall not apply to conduct between married persons.
(2)
It shall be a defense to statutory rape for the actor to prove that
he or she reasonably believed the child to be above the age of 16
years.
(3)
Statutory rape is a Class C offense.
b. Sexual
Assault:
(1)
A person is guilty of sexual assault if he or she has sexual intercourse
with another person, male or female, against the will of such person.
(2)
Sexual assault is a Class A offense.
c. Definition
of Intercourse - Sexual intercourse shall mean oral, anal, or genital
intercourse. Any sexual penetration, however slight, is sufficient
to constitute sexual intercourse.
d. Indecent
or Obscene Exposure - Every person who makes any open and indecent
or obscene exposure of his person, or of the person of another, is
guilty of a Class A offense.
e. Lewdness
With Child Under the Age of 14 Years - Any person who willfully and
lewdly commits any lewd or lascivious act, other than acts constituting
the crime of sexual assault, upon or with the body, or any part or
member thereof, of a child under the age of 14 years, with the intent
of arousing, appealing to, or gratifying the lust or passions or sexual
desires of that person or of that child, shall be guilty of a Class
A offense.
D. OFFENSES AGAINST PROPERTY
Sec. 1 Arson and Reckless Burning
a. Arson:
(1)
A person is guilty of arson if he starts a fire or causes an explosion
with the purpose of destroying a building or occupied structure
of another. The term "occupied structure" includes but
is not limited to a ship, trailer, sleeping car, airplane, vehicle,
building, structure, or place adopted for overnight accommodation
of persons or for carrying on business, whether or not a person
is actually present.
(2)
A person is guilty of arson if he starts a fire or causes an explosion
to any other structure, not his own, not listed in Paragraph (1)
above.
(3)
A person is guilty of arson if he starts a fire or causes an explosion
with the purpose of destroying or damaging his own property or the
property of another, to collect insurance for such loss.
(4)
Arson is a Class A offense.
b. Reckless
Burning
(1)
A person is guilty of reckless burning if he recklessly starts a
fire or causes an explosion that endangers human life or damages
the property of another; or having started a fire, whether recklessly
or not, and knowing that it's spreading and may endanger the life
or property of another fails to take reasonable measures to put
out the fire or give a prompt alarm.
(2)
Reckless burning is a Class A offense.
Sec. 2 Criminal Mischief
a. A
person is guilty of criminal mischief if he:
(1)
damages or destroys his property with the intention of defrauding
an insurer in circumstances not amounting to arson; or,
(2)
intentionally or recklessly damages, defaces,or destroys the property
of another person; or,
(3)
intentionally or recklessly shoots or propels any object against
a vehicle, airplane, boat, or train, whether moving or standing
with the intent to cause damage.
Sec. 3 Burglary
a. A
person is guilty of burglary if he, either by day or night, enters
or remains in any premise, not his own, with the intent to commit
an offense, unless the premise is open to the public, or the actor
has a legal right to enter said premise.
b. Commission
of Another Crime While Committing Burglary; Punishment - Every person
who, in the commission of a burglary, shall commit any other crime,
shall be punished therefore as well as for the burglary, and may be
prosecuted for each crime separately.
c. Presumption
of Intent - Every person who shall unlawfully break and enter or unlawfully
enter any premise shall be deemed to have broken and entered or entered
the same with the intent to commit an offense, unless such entry can
be explained by testimony satisfactory to the jury or the Judge to
have been made without criminal intent.
d. Burglary
is a Class A offense.
e. Premise
Defined - Premise shall mean any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other building
or structure, tent, vessel, vehicle, pasture, field, meadow, or other
area not one's own.
Sec. 4 Trespass and Aggravated Trespass
a. A
person is guilty of trespass if he knowingly or recklessly enters
or remains on property, or intentionally allows his livestock to do
so, when notice against entry is given by personal communication,
by fencing or other enclosures, or by the posting of signs. Trespass
is a Class D offense.
b. A
person is guilty of aggravated trespass if he knowingly or recklessly
enters or remains on the property of another; and accomplishes such
entry by an act of force or violence, or if he intends to cause or
causes annoyance or injury to any person thereon, or if he intends
to commit or commits another offense thereon. Aggravated trespass
is a Class C offense.
Sec. 5 Robbery
A person
is guilty of robbery if he intentionally takes the properly of another
by means of force, violence or threat of injury. The threat of injury
may be immediate or future, and may be directed towards the victim of
the robbery, his property, or any other person in the victim's company
at the time of the robbery. The victim must be present during the taking.
The force, violence, or threat of injury must be used to obtain or retain
possession of the property or to prevent or overcome resistance to the
taking. The degree of force is immaterial. If force is merely used as
a means of escape, it doesn't constitute robbery. Robbery is a Class
A offense.
Sec. 6 Theft
a. A
person is guilty of theft if he obtains or exercises unauthorized
control over the property of another with the purpose of depriving
him thereof. Theft may be accomplished in any of several ways, including
but not limited to:
(1)
physical taking of the property;
(2)
deception;
(3)
extortion;
(4)
misuse of property lost, mislaid, or delivered by mistake;
(5)
failure to make required disposition of funds or property received;
(6)
using a check knowing or believing that it will not be honored by
the bank;
(7)
using a credit card with knowledge that the card has been revoked,
canceled, or stolen; or
(8)
receiving, retaining or disposing of the property of another knowing
that it has been stolen or believing that it has probably been stolen.
b. Definitions
Applicable to Theft Offense:
(1)
Deception - Intentionally or recklessly creating or reinforcing
a false impression, preventing another from acquiring information
which would affect his judgment of a transaction, or failing to
disclose a lien, adverse claim or other legal impediment to the
enjoyment of property.
(2)
Extortion - threatening to inflict any harm on another person which
would substantially hurt that person with respect to his health,
safety, business, calling, career, financial condition, reputation,
or personal relationship.
(3)
Property - Anything of value, including real estate, tangible or
intangible personal property, contract rights, interest in or claims
to wealth, admission or transportation tickets, captured or domestic
animals, food and drink, commodities of a public utility such as
water, gas or electricity, trade or business secrets over which
the owner thereof intends to be available only to persons selected
by him, or any other right, object, labor or services valuable to
the owner or provider.
(4)
Purpose to Deprive - To have a conscious object to withhold property
permanently, or for so extended a period that a substantial portion
of its value is lost; or to restore the property only upon payment
of a reward or other compensation; or to dispose of the property
under circumstances that make it unlikely that the owner will recover
it unharmed.
c. Theft
of property as provided in this Section shall be punishable as follows:
(1)
If the value of the property involved is $500.00 or more, for a
Class A offense.
(2)
If the value of the property involved is $100.00, but less than
$500.00, for a Class B offense.
(3)
If the value of the properly involved is less than $100.00, for
a Class C offense.
(4)
If no evidence as to the value of the property involved is presented
and the value of such is not obvious without presentation of such
evidence, and if it is otherwise proven that a theft offense under
this Section has been committed, for a Class C offense.
Sec. 7 Forgery
a. A
person is guilty of forgery if, with the purpose of defrauding
or injuring anyone, or with the knowledge that he's helping to defraud
or injury anyone, he:
(1)
Alters any writing of another without his authority.
(2)
Signs any writing.
b. Forgery
shall be punishable as follows:
(1)
if the writing is in the amount of $500.00 or more, or the amount
of damage caused by the fraud is $500.00 or more, for a Class A
offense.
(2)
If the writing is in the amount of $100.00 but less than $500.00,
or the amount of damage caused by the fraud is $100.00 but less
than $500.00, for a Class B offense.
(3)
If the writing is less than $100.00 or the amount of damage caused
by the fraud is less than $100.00, or if no evidence as to the value
is presented and the value is not obvious without presentation of
such evidence, for a Class C offense.
Sec. 8 Criminal Simulation
A person
is guilty of criminal simulation if, with the intent of defrauding or
injuring anyone, or with the knowledge that he's helping to defraud
or injure anyone, he makes alters, attempts to circulate or sell as
genuine, or appears to have value because of antiquity, rarity, source,
or authorship which it does not possess. Criminal simulation is a Class
C offense.
Sec. 9 Tampering With Records or Other Documents
a. A
person is guilty of tampering with records or other documents if he
falsifies, destroys, removes, or conceals, any any official record,
will, deed, mortgage, security agreement, or similar document
b. A
person is guilty of tampering with records or other documents if he
knowingly records a false or forged document, with the purpose of
deceiving or injuring anyone or to conceal a wrongdoing.
c. Tampering
with records or documents is a Class B offense.
Sec. 10 Deceptive Business Practice
a. A
person is guilty of deceptive business practices if he:
(1)
Uses or possesses a false weight or measure.
(2)
Sells or offers for sale less than the represented quality or quantity
of any commodity or service.
(3)
Takes or attempts to take more than the represented quantity of
any commodity or service when, as the buyer, he furnishes the weight
or measure.
(4)
Sells or offers to sell an altered product without disclosure of
the alteration.
(5)
As a seller or buyer, does any other act with the intention of defrauding
someone.
b. Deceptive
business practices is a Class B offense.
Sec. 11 Rigging a Contest
A person
is guilty of rigging a contest if he intentionally engages in conduct
that will prevent a publicly exhibited contest from being conducted
in accordance with the rules and usage purported to govern it. Rigging
a contest is a Class C offense.
Sec. 12 Defrauding Creditors
a. A
person is guilty of defrauding creditors if he:
(1)
destroys, removes, conceals, encumbers, or otherwise transfers property
with the intention of hindering enforcement of a security interest;
(2)
intentionally falsifies any writing or record relating to the property;
or,
(3)
intentionally misrepresents or refuses to disclose the amount or
location of the property to a person entitled to administer said
property.
b. Defrauding
creditors is a Class C offense.
Sec. 13 Defrauding a Proprietor
a. It
is unlawful for any person to obtain food, lodging or any other product,
goods, or services from a person or business or to obtain credit for
securing such services without paying or with the intent to defraud
the person or business from receiving payment
b. Defrauding
a proprietor is a Class C offense.
E. OFFENSES AGAINST THE FAMILY
Sec. 1 Criminal Nonsupport
a. A
person is guilty of criminal nonsupport if he intentionally fails
to provide for the support of his spouse, children under 18 years
of age, or other dependents when they're in need of such support,
and the person has a legal obligation to provided said support
b. Criminal
nonsupport is a class B offense.
c. It
is a defense to a prosecution under this Section that the actor lacks
the financial resources to support his dependents due to unemployment,
ill health, or other similar reasons; such a defense shall be conservatively
construed.
Sec. 2 Criminal Child Abuse
a. A
person is guilty of criminal child abuse if he causes non-accidental
physical or mental injury to a person under the age of 18 years of
age who is in his care. Injury shall include any form of sexual abuse
not covered elsewhere in this Title.
b. Criminal
child abuse is a Class A offense.
c. Justification,
as described elsewhere in this Title is no defense to a prosecution
under This Title.
Sec. 3 Criminal Child Neglect
A person
is guilty of criminal child neglect if he's responsible for the welfare
of a child under the age of 18 years, and recklessly endangers the child's
welfare by intentionally or recklessly leaving or abandoning the child,
intentionally or recklessly failing to provide food, or medical care,
or otherwise intentionally or recklessly failing to care for the child
in any manner which threatens serious harm to the physical or emotional
well-being of the child. Criminal child neglect is a Class B offense.
Sec. 4 Failure to Report Child Abuse or Neglect
A person
is guilty of failure to report child abuse or neglect if in the course
of his employment as a physician, nurse, social welfare worker, or teacher,
he intentionally or recklessly fails to report any instance of possible
child abuse or neglect to the Tribal Police or the Court. Failure to
report child abuse or neglect is a Class C offense.
F. OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT
Sec. 1 Bribery
A person
is guilty of bribery if he offers, gives, or agrees to give another,
or solicits, accepts, or agrees to accept from another, any money or
other benefit as compensation for the recipients decision, opinion,
vote, or other exercise of discretion. Bribery is a Class B offense.
Sec. 2 Improper Influence in Official Matters
A person
is guilty of improper influence in official matters if he threatens
harm to any public servant, including but not limited to tribal officials
and judges, or to the relatives of public servants with the purpose
of influencing a decision, opinion, recommendation, or other exercise
of discretion. Improper influence is a class B offense.
Sec. 3 Official Misconduct
a. A
person is guilty of official misconduct if, as a tribal official,
or employee, he intentionally commits an unauthorized act which purports
to be an act of his office or intentionally refrains from performing
a non-discretionary duty imposed on him by law, or orders another
person under his supervision to perform the act, fore the purpose
of benefiting himself or others.
b. A
person is guilty of official misconduct if; being a tribal official
or employee charged with the receipt, safekeeping, transfer or disbursement
of public money, transfers said money or any portion thereof, to his
own use or the use of another or otherwise handles public money in
a manner not authorized by law or the duties of his employment
c. A
person is guilty of official misconduct if, being a tribal official
or employee interferes with a criminal investigation being conducted
by the Tribal Police or the Tribal Prosecutor, with the exception
of the Tribal Council which has ultimate authority over said investigations
d. Official
misconduct is a Class B offense.
Sec. 4 Unofficial Misconduct
a. A
person is guilty of unofficial misconduct if he exercises or attempts
to exercise any of the functions of a public official when he has
not been elected or appointed to the office, has, not filed a required
bond, has not filed the required oath, continues to act as an official
after his term of office has expired, or intentionally withholds or
retains from his successor or intentionally destroys any records,
papers, or documents pertaining to the office he vacated.
b. It
is a defense to a charge of unofficial misconduct that a person reasonably
believed he was authorized to act as a public official.
c. Unofficial
misconduct is a Class B offense.
Sec. 5 Perjury
a. A
person commits perjury if, in any official proceeding, he makes a
false statement under oath or equivalent affirmation, or swears or
affirms to the truth of a statement previously made, when the statement
could affect the outcome of the proceeding, and does not believe the
statement to be true. Perjury is a criminal offense and punishable
as the Court may determine.
b. No
person shall be charged with Perjury where proof of falsity rests
solely upon contradiction by the testimony of a single person other
than the defendant.
Sec. 6 Making a False Report
a. A
person is guilty of making a false report if he intentionally:
(1)
gives false information to a law enforcement officer or Tribal Prosecutor
with the Intention of misleading such officer or prosecutor in the
performance of his official duties or function;
(2)
make a false statement not under oath, or swears or affirms to the
truth of such a statement previously made, when the falsification
was intended to mislead a public official, or occurred in an official
proceeding or investigation; or,
(3)
causes a false fire alarm or other emergency alarm to be transmitted
to or within any organization for dealing with emergencies involving
danger to life or property.
b. Making
a false report is a Class C offense.
Sec. 7 Interfering With the Judicial Process
a. A
person is guilty of interfering with the judicial process if he:
(1)
attempts to induce or otherwise cause another person to testify
falsely or withhold information, testimony, documents or things
from the Court;
(2)
harms another person in retaliation for anything done by the other
person in his capacity as a court officer, court employee, witness
or informant;
(3)
alters, destroys, or conceals any record, document or thing with
the purpose of impairing its availability as evidence, or presents
any record, document or thing knowing it to be false with the intent
of misleading the Court;
(4)
solicits, accepts or agrees to accept any benefit in consideration
for his doing any of the things specified in this Subsection.
b. Interfering
with the judicial process is a Class B offense.
Sec. 8 Interfering With the Governmental Process
a. A
person is guilty of interfering with the governmental process if he
intentionally:
(1)
makes false entry in, or false alteration of any record, document
or book kept by the Tribe;
(2)
makes, presents, or uses any false record, document or thing with
the purpose that it be taken as genuine;
(3)
destroys, conceals (including Intentionally failing to enter a required
entry into any record or document), removes any record, document
or thing belonging to the Tribe without proper authorization to
do so.
b. A
person is guilty of interfering with the governmental process if he
uses force, violence, or intimidation with the intent to interfere
with a public servant performing an official function.
c. Interfering
with the Governmental process is a Class C offense.
Sec. 9 Interfering With Law Enforcement Procedures
a. A
person is guilty of interfering with law enforcement procedures if
he:
(1)
resists arrest by any means that creates a risk of bodily harm to
anyone (also known as Resisting Arrest);
(2)
intentionally interferes with the apprehension for prosecution of
another by harboring or concealing the other, or by providing weapons
or transportation or other means of escape (also known as Aid and
Abetting); or,
(3)
intentionally obstructs a law enforcement officer in the performance
of his official duties through threats, violence or force (also
known as interfering with a Police Officer and/or Obstruction of
justice); or,
(4)
removes himself from official detention (also known as Escape).
b. Interfering
with law enforcement procedures is a Class A offense.
Sec. 10 Doing Business Without a License
A person
is guilty of doing business without a license if he commences or carries
on any business, trade, profession, or calling which is required by
Tribal law to be licensed, without having an appropriate license. Doing
business without a license is a civil offense and is punishable by fine
as the Court may determine.
Sec. 11 Tampering With or Destroying Public Property
A person
is guilty of tampering with or destroying public property if he intentionally
injures or destroys any book, record, document, building, marker, or
any other tangible property real or personal, which belongs to the Tribe.
Tampering with or destroying public property is a criminal offense,
punishable as the Court may determine.
Sec. 12 Failure to Obey a Lawful Order of the Court
(Court Order); Contempt of Court
a. A
person is guilty of failure to obey a lawful order of the Court if
he intentionally, and without good reason, fails to obey any order,
subpoena, warrant, or command (verbal such as testifying during a
trial or written) duly made, issued, or given by the Tribal Court
or any officer thereof, or otherwise issued according to law (also
known as Contempt of Court).
b. Subsection
"a" above, does not apply to failure to appear as a party
in a civil action where default or similar remedy is available to
the other party.
c. Failure
to obey a lawful order of the Court is a criminal offense, punishable
as the Court may determine.
Sec. 13 Neglect of Duty
All Tribal
police officers, who are Indian, shall be vigilant in carrying out the
provisions of this Title with respect to Class A and Class B offenses
with full force and effect. If it is unclear whether a Class A or B
offense has been committed, the officer shall have a reasonable time
to conduct an investigation before making an arrest. Any Indian officer
who shall neglect his duty by failing to arrest a person who commits
a Class A or Class B offense, in his presence, shall be guilty of a
class C offense, himself.
G. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
Sec. 1 Disorderly Conduct
a. Every
person who shall maliciously and willfully disturb the peace or quiet
of any neighborhood, person, or family by loud or unusual noises,
or by tumultuous and offensive conduct, threatening, traducing, quarreling,
challenging to fight, or fighting shall be guilty of a Class C offense.
b. A
person is guilty of disorderly conduct if he refuses or knowingly
fails to obey an order to disperse or leave the immediate vicinity,
given by a law enforcement officer or other public servant performing
a law enforcement function at the scene of an accident or fire, or
given in the course of executing or enforcing a law, or given in the
course of a criminal investigation. Disorderly conduct is a Class
C offense.
Sec. 2 Public Intoxication (commonly known as Drunk
in Public)
a. Any
Indian person appearing in a public or private place other than their
own home or place of business, apparently under the influence of intoxicating
liquor in such a condition that he is unable to exercise care for
his own safety or the safety of others, shall be deemed guilty of
public intoxication and, upon conviction thereof, for the first offense
shall be sentenced to imprisonment for not more than 15 days or fined
not more than $50.00, or both fine and imprisonment. Alternatively,
the Court may order said person, on the first offense, to attend a
rehabilitation program following the procedures in N.R.S. 458.290
to 458.350.
b. Upon
conviction of a second offense the person shall be sentenced to a
minimum of 15 days imprisonment up to a maximum of six (6) months
or fined a minimum of $15.00 up to a maximum of $500.00 or both fine
and imprisonment.
c. Upon
a conviction of a third offense, said person shall be sentenced to
a minimum of six (6) months and may be further punished by a fine
of not less than $100.00 to a maximum of $500.00.
d. Upon
subsequent convictions, said person shall be sentenced to a minimum
of six (6) months imprisonment, and may be further punished by a fine
of $500.00.
Sec. 3 Misuse of a Telephone
a. A
person is guilty of misuse of a telephone if:
(1)
he uses the telephone with the intent of harassing another and without
purpose of legitimate communications;
(2)
he intentionally refuses to yield or surrender the use of a party
line or public pay telephone upon being informed that the telephone
is needed to report a fire or summon an emergency aid (police or
ambulance);
(3)
he asks for the use of a party line or public pay telephone under
the pretext that an emergency exists knowing no emergency exists.
b. Misuse
of a telephone is a civil offense, punishable by fine as the Court
may determine.
Sec. 4 Desecration
a. A
person is guilty of desecration if he purposely desecrates any public
monument, structure, place of worship or cemetery. Desecrate means
defacing, damaging, polluting, or otherwise physically mistreating
one of the above things in a way that the actor knows or believes
will outrage the sensibilities of the persons likely to observe or
discover his action. Desecration is a civil offense, punishable by
fine as the Court may determine.
Sec. 5 Violation of Privacy
a. A
person is guilty of violation of privacy if; except as authorized
by law, he:
(1)
trespasses on property with intent to subject anyone to eavesdropping
or other surveillance in a private place;
(2)
installs any device for observing, photographing, recording or eavesdropping
in or outside of any private place, without the consent of the person
or persons who have a reasonable expectation of privacy there; or,
(3)
intercepts a message by telephone, telegraph, letter, or other communication
without the consent of the sender or the receiver.
b. Violation
of privacy is a class C offense.
Sec. 6 Weapons Offenses
a. Firearm
defined - As used in this Section, "firearm" means any weapon
with a caliber of .177 inches or greater from which a projectile may
be propelled by means of explosive, spring, gas, air or other force.
b. Setting
of a spring gun or other deadly weapon unlawful unless used for the
destruction of gophers, moles, coyotes, other predators, varmints,
burrowing rodents, etc., and with the owners, leasee or administrator's
permission when or real property or within one (1) mile of any residence.
A warning flag or other device to warn people of the potential hazard
shall be installed in close proximity of the set and clearly visible.
(1)
Violation of Subsection "b"of this Section shall be punished
by:
(a)
If no injury results to a human being for a Class C offense.
(b)
If nonfatal injury occurs to a human being for a Class B offense.
(c)
if death occurs, not amounting to murder, for a Class A offense.
c. Any
person who unlawfully possesses, manufactures or disposes of any explosive
or incendiary device with intent to destroy life or property shall
be punished for a Class A offense.
(1)
For the purposes of this section:
(a)
"Dispose of" means to give away, loan, offer, offer
for sale, sell or transfer.
(b)
"Explosive or incendiary device" means any explosive or incendiary
material or substance that has been constructed, altered, packaged,
or arranged in such a manner that its intended use would cause
destruction or injury to life or property.
(2)
Subsection "c", above, does not prohibit the manufacture, use,
possession or disposal of any material, substance or device
by persons engaged in mining or any other lawful activity or who
are authorized by governmental agencies, which have lawful control
over such matters, to use such items in the performance of their
duties or lawful activities.
d. Destruction
of building by explosives; Punishment of Conspirators:
(1)
Every person who destroys or attempts to destroy with dynamite,
nitroglycerine, gunpowder or other explosive, any dwelling or structure
knowing or having reason to believe a person is inside at the time,
shall be punished for a Class A offense, if Indian.
(a)
If the dwelling or structure is unoccupied and not the person's
own, then the actor may be punished as the Court may determine.
(2)
Any person or persons who conspire with others to commit the offense
described in Paragraph (1), above, shall be punished in the same
manner.
e. Unlawful
to possess, manufacture or dispose of a short barreled rifle or a
short barreled shotgun, without a Federal license or stamp; exceptions:
(1)
For the purposes of this section:
(a)
"Short barreled rifle" means a rifle having a barrel
length less than 16 inches in length and/or any weapon made from
a rifle, whether by alteration, modification or other means, with
an overall length of less than 26 inches.
(b)
"Short barreled shotgun" means a shotgun having one
or more barrels less than 18 inches in length and/or any weapon
made from a shotgun, whether by alteration, modification or other
means, with an overall length of less than 26 inches.
(2)
Any person who unlawfully possesses, manufactures or disposes of
any short barreled rifle or short barreled shotgun shall be punished
for a Class A offense.
(3)
This section does not prohibit:
(a)
the possession or use of any short barreled rifle or short barreled
shotgun by any peace officer authorized to do so in the performance
of official duties; or,
(b)
the possession or use of any short barreled rifle or short barreled
shotgun by any person who is licensed as a firearms importer,
manufacturer or dealer by the United States Department of Treasury,
or who possesses a use tax stamp issued to them by the United
States Department of Treasury, for said firearm.
f. It
is unlawful for to change, alter, remove or obliterate the serial
number of a firearm.
(1)
Possession of such a firearm is prima facie evidence that the possessor
changed, altered, removed or obliterated the serial number.
(2)
Any person who violates the provisions of this Subsection is guilty
of a Class B offense.
g. Discharging
a firearm upon or across a public roadway or in a public place, where
a person might be endangered, although no injury results, is guilty
of a Class A offense.
h. Any
person who willfully and maliciously discharges a firearm at or into
any structure, vehicle, aircraft or watercraft shall be punished:
(1)
If it is occupied by a person, for a Class A offense.
(2)
If it is abandoned, for a Class C offense.
i. Every
person who shall aim a firearm, loaded or unloaded, toward a person
or who willfully discharges a firearm or other weapon, or throws a
deadly missile in a public place and in any place where a person might
be endangered, although no injury results, shall be guilty of a Class
B offense.
j. No
minor under the age of 10 years shall handle or have in his possession
or under his control, except while accompanied by or under the immediate
of an adult person, any firearm for hunting or target practice or
for other purposes.
(1)
Every Indian person violating or allowing a minor to violate the
provisions of this Subsection,shall be guilty of a Class C offense.
k. Any
person, within the jurisdiction of the Yomba Shoshone Tribe, who sells
or barters to a person under the age of 18 years a firearm capable
of being concealed upon one's person shall be guilty of a Class C
offense.
(1)
For the purpose of this Subsection (k), the term "firearm capable
of being concealed upon one's person" includes all firearms
having a barrel length less than 12 inches.
l. Drawing
a deadly weapon in a threatening manner:
(1)
Any person having carrying or procuring from another person any
dirk, dirk-knife, sword, swordcane, firearm or other deadly weapon,
who shall in the presence of two or more persons, draw or exhibit
such deadly weapon in a rude, angry or threatening manner not in
necessary self-defense, or who shall in any manner unlawfully use
the same in any fight or quarrel, shall be guilty of a Class C offense.
(2)
No peace officer shall be held to answer, under the provisions of
Paragraph (1), above, for drawing or exhibiting any of the weapons
mentioned, while in the lawful discharge of his duties.
m. Confiscation
of dangerous weapons by Tribal police; retention by or private sale
to law enforcement officer, agencies:
(1)
When a weapon, described in Paragraph (1) of Subsection 1, above,
is confiscated by a Tribal police officer he shall do one of the
following:
(a)
Retain the confiscated weapon pursuant to an order by the Tribal
Judge or by the Tribal prosecutors upon finding that such retention
is necessary for purposes of evidence, until such order is rescinded.
(b)
Return the weapon upon the request of the person from whom it
was confiscated if it is not otherwise unlawful for the person
to possess said weapon under Tribal or Federal law that is applicable
in Indian country, after it is no longer required under Subparagraph
(a) of this Paragraph.
(i)
If the weapon was confiscated from a minor under the age of
18 years, the weapon must be returned to the parent or guardian
of said minor, if legal to do so.
(c)
If it is determined the weapon poses an extreme danger to the
public (i.e. - a homemade firearm, explosive device, etc.) or
that the weapon is unlawful to possess under Tribal law or Federal
law applicable in Indian country, said weapon is to be destroyed
by the officer or under the officer's supervision.
(d)
Retain the confiscated weapon at the request of the owner, in
writing, stating he no longer wishes to own the weapon and relinquishes
ownership of the weapon to the Tribe.
(i)
The Tribal Council shall, at least once a year, order the officer
to whom a confiscated weapon has been relinquished to the Tribe's
ownership to do one of the following:
(aa) Retain such weapon for use by the Tribal Police.
(bb)
Sell such weapon to another law enforcement agency at a price
not less than its prevailing market value.
(cc)
Sell such weapon at a public auction to be held after notice
is given of such public auction, with the proceeds being deposited
with the Tribal treasurer who shall credit the proceeds to
the general fund of the Tribe.
(dd)
Any officer receiving an order to sell a weapon under Subdivision
(bb) or (cc), above, shall do so as soon as practicable
n. Manufacture,
importation of dangerous weapons; carrying concealed weapon without
a permit; permits issued by Tribal Police; penalties:
(1)
Except as provided for elsewhere in this Section, it is unlawful
to:
(a)
Manufacture or cause to be manufactured, import, keep, offer or
expose for sale, give, lend or possess weapons commonly known
as a switchblade knife, metal knuckles (i.e.. brass knuckles),
blackjack, or any item which can be construed as a dangerous weapon
for which the possessor has no legitimate reason for having.
(b)
Carry concealed upon his person any explosive substance, other
than fixed ammunition, or ammunition reloading components; any
dirk, dagger, hunting knife when placed other than on a belt about
the waist, firearm or dangerous or deadly weapon.
(2)
The provisions of Paragraph (1) do not apply to law enforcement
officers, active or honorably retired, any person summoned by any
peace officer to assist in making arrests or preserving the peace
while the person so summoned is actually engaged in assisting the
peace officer, or members of the Armed Forces of the United State
when on duty, or going to or returning from duty.
(3)
The highest ranking Tribal Police Officer may, with the Tribal Council's
permission, upon written application by a resident within the Tribe's
jurisdiction grant written permission to the applicant authorizing
the carrying of the concealed weapon described in the permit. No
permit may be granted to carry a switchblade knife or spring loaded
knife.
(a)
A switchblade is defined as any knife, two (2) or more inches
long and which can be released automatically by a flick of a button,
pressure on the handle, or using any other form of mechanical
release to open the blade from the handle.
(b)
A spring loaded knife is defined as any knife, two (2) or more
inches long in which the blade is propelled from the handle when
a button or other release device is activated, releasing the tension
on the spring. A springloaded knife is commonly referred to as
the Soviet Special Forces or Soviet paratroopers knife.
(4)
Any person violating the provisions of this Section is guilty of:
(a)
a Class B offense for the first offense; or,
(b)
a Class A offense for any subsequent offense.
o. Alien,
ex-felon not to possess firearm capable of being concealed on one's
person; penalty:
(1)
No person who has been convicted of a felony in any state or Federal
jurisdiction or political subdivision thereof, shall own, have in
his possession or under his control any firearm capable of being
concealed upon his person, without the permission of the Tribal
Council.
(2)
No non-United States citizen may possess a firearm capable of being
concealed on one's person without the permission of the Tribal Council.
(3)
For the purpose of this Section, a firearm "capable of being
concealed" is any firearm with a barrel length of less than
12 inches.
(4)
Violation of this Section is a Class A offense.
(5)
The provisions of this Section do not apply to law enforcement officers,
active or honorably retired, citizens summoned by such officers
to assist in making arrests or preserving the peace while actually
engaged in assisting such officers, or to members of the Armed Services
on duty or going to or returning from duly.
Sec. 7 Criminal Nuisance
a. A
person is guilty of criminal nuisance if:
(1)
he recklessly interferes with or alters the flow of water in a stream,
river, ditch, canal, or lateral;
(2)
he recklessly breaks, injures, alters or destroys any bridge, dam,
canal, flume, or other structure for the control of water without
lawful authority to do so;
(3)
he negligently causes or allows any substance harmful or potentially
harmful to persons, animals, or plants to enter into a water course
used for drinking or other domestic or farm purposes; or,
(4)
he recklessly obstructs or tends to obstruct any lake, stream, canal,
road, public park or highway.
b. A
person is guilty of criminal nuisance if he keeps wrecked or junked
cars, appliances or implements, or unreasonable quantities of trash
or garbage on his property, in public view and fails to remove them
when requested to do so by the Tribal Council
c. Criminal
nuisance is a Class C offense.
Sec. 8 Contribution to the Delinquency of a Minor
A person,
18 years of age or over is guilty of contributing to the delinquency
of a minor if he recklessly sells, gives or otherwise makes beer, liquor,
wine, or other alcoholic beverage available to a person under the age
of 18 years; or he recklessly sells, gives or otherwise makes available
to a person under the age of 18 years a controlled substance without
a prescription from a doctor or other person licensed to prescribe medicine;
or he recklessly, by act or omission, encourages, causes or contributes
to the commission of any offense by a person under 18 years of age.
Contributing to the delinquency of a minor is a Class A offense.
Sec. 9 Fireworks Offense
Unless
banned by the Tribal Council, fireworks and fireworks devices shall
be used in a safe and responsible manner. For the purpose of this section,
handheld sparkler type devices that burn openly and singly and the use
of toy caps used in cap guns are exempted, unless also banned by the
Tribal Council. Violation of this Section is a Class C offense.
Sec. 10 Littering
a. A
person is guilty of littering if he throws, dumps, places, or deposits
upon the land of another, upon any Tribal or public property, upon
any highway, street, road, or upon any other area not his own, without
the consent of the owner or other lawful permission, any garbage,
debris, junk, carcasses, trash, refuse or other substance of any nature
whatsoever which would mar the appearance or detract from the cleanliness
of the area.
b. Littering
is a Class E offense for the first offense and a Class D offense if
convicted more than once in a 12 month period and for any subsequent
convictions.
Sec. 11 Misuse of Controlled or Hypnotic Substance
a. Any
Indian person found in possession of or apparently under the influence
of a controlled substance or a hypnotic substance as listed in N.R.S.
453.161 through N.R.S. 453.191 shall be deemed guilty and upon conviction
shall be sentenced to:
(1)
Imprisonment of not more than six (6) months and/or fined not more
than $500.00. In the alternative, for a first offense, the Court
may order said person to attend a rehabilitative program.
(2)
For a second offense, a person shell be sentenced to a minimum of
15 days up to a maximum of six (6) months imprisonment and/or fined
a minimum of $50.00 up to a maximum of $500.00.
(3)
For a third offense, said person shall be sentenced to a minimum
of 30 days up to a maximum of six (6) months imprisonment and/or
fined a minimum of $100.00 up to a maximum of $500.00.
(4)
For a fourth offense, for a Class A offense.
b. This
Section does not apply to the plant of the genus Laphorphora, commonly
known as "peyote" when such drug is used as a sacrament
in the religious rights of any bona fide religious organization (NRS
453.541).
Sec. 12 Abandoned Iceboxes and Other Containers
Any person
who shall have on his premises any abandoned chest, icebox, refrigerator
or other container not in active use, the attached door to which has
a latch or lock which automatically fastens upon the door being closed
and which can not be readily opened from the inside, shall completely
remove the door, or secure it in such a manner as to prevent someone
from accidentally locking themselves inside. Violation of this provision
is a Class C offense.
Sec. 13 Possession of Drug Paraphernalia
a. In
general, it shall be unlawful for any person to possess any item defined
in NRS 453.566, a hypodermic device, or any other item which has been
used for the illegal taking of a controlled substance, narcotic, dangerous
drug or any other item which may produce a feeling of euphoria or
intoxication to the point where said person is a danger to themselves
or to others.
b. Prima
Facie Evidence:
(1)
It shall be considered prima facie evidence that the person used
such item when it is found on their person or in their immediate
physical control and the person appears to be under the influence
of a controlled substance, narcotic, dangerous drug or any other
item taken or used in an illegal manner.
(2)
With the exception of (1) above, residue must be clearly visible
in or on the item to be considered a violation of this Section.
c. Exemptions,
include but are not necessarily limited to:
(1)
Tribal ceremonial or religious use, regardless of residue being
visible.
(2)
Legitimate medical users and all medical personnel (i.e. insulin
users, allergic reaction users, etc.).
(3)
Legitimate veterinarian users and veterinarian personnel (i.e. ranchers,
persons giving their pets shots, etc.)
(4)
Peace officers who have confiscated said items.
(5)
Instructors, etc., who use such items for training purposes and
displays.
(6)
Persons who possess such items for their artistic designs and no
residue is evident.
d. Confiscation
and Disposition of Item:
(1)
If held for evidence in a criminal case, the item shall be treated
as any other type of evidence and upon adjudication and release
by the Tribal Prosecutor, shall be disposed of in accordance with
department policy.
(a)
If the officer wishes to retain the item for display purposes,
he shall ask for and receive permission of the Tribal Council.
(2)
If subsequent investigation reveals that no violation of this Chapter
occurred, the officer will contact the owner and arrange for the
release of the item to the owner.
(a)
The owner will be asked to sign a receipt showing the item was
returned.
(b)
If the owner does not wish the item returned, then it should be
disposed of in accordance with Paragraph (1) above. If possible,
the owner should sign a voluntary statement to the affect that
he/she does not wish the property returned.
(i)
The individual officer(s), the police department, the Tribe
and all other tribal employees shall be immune from civil action
arising from any misunderstanding about the disposition of said
property.
e.
Penalties:
1st
Offense: Class E Offense with the penalty at the discretion of
the Tribal Judge.
2nd
Offense: Class D Offense with the penalty at the discretion of
the Tribal Judge.
3rd and subsequent Offense: Class C Offense with the penalty at
the discretion of the Tribal Judge.
H. DEFENSES
Sec. 1 Intoxication
Intoxication
is not a defense unless it negates the mental state required for the
offense. When recklessness is an element of the offense, if the actor,
due to self-induced intoxication, is unaware of a risk of which he should
have been aware had he been sober, such unawareness is not a defense.
Intoxication which is not self-induced is a defense.
Sec. 2 Duress
It is a
defense that the actor engaged in conduct charged to constitute an offense
because he was coerced to do so by use of, or threat to use, unlawful
force against his person or the person of another, which a law abiding
person of reasonable firmness would have been unable to resist. It is
no defense that a woman acted on a command of her husband or a man on
command of his wife, unless the circumstances amount to duress as defined
above. The defense of duress is unavailable where the conduct constituting
the offense causes or threatens to cause death or serious bodily harm
to some person other than the actor.
Sec .3 Consent
The consent
of the victim to conduct charged to constitute an offense or to the
result thereof is a defense if such consent negates an element of the
offense. However, consent is not a defense if bodily harm consented
to or threatened by the offense is serious. Consent that is given by
a person who by reason of youth, mental disease or defect, or intoxication,
is unable to make a reasonable judgment is not valid.
Sec. 4 Entrapment
A law
enforcement officer perpetrates an entrapment if he induces or encourages
another person to engage in conduct constituting an offense by knowingly
making false representations designed to induce the belief that such
conduct is not prohibited, or if he employs methods of persuasion which
create a substantial risk that an offense will be committed by a person
who would not otherwise be ready to commit it. This defense is not available
when the offense involves bodily injury or the threat of bodily injury
to a person other than the officer perpetrating the entrapment.
Sec. 5 Justification
Justification
is a defense when the actor's conduct is reasonable, and in fulfillment
of his duties as a Tribal Officer or employee, or is reasonable discipline
of a minor by a parent,guardian, teacher, or other person in the position
of a parent.
Sec. 6 Force in Defense of Persons
a. A
person is justified in threatening or using force against another
person when and to the extent that he reasonably believes such force
is necessary to defend himself or a third person against such other
person's immediate use of unlawful force. However, a person is justified
in using force which is intended or likely to cause death or serious
bodily injury only if he reasonably believes that such force is necessary
to prevent death or serious bodily injury to himself or a third person.
b. A
person is not justified in using force under this Section if he was
the aggressor or was engaged in combat by consent, unless he has withdrawn
from the encounter and effectively communicated his withdrawal to
the other person.
c. A
person is not justified in using force under this Section if he initially
provoked the use of force upon himself with the intent to use such
force as an excuse to inflict harm upon another, or if he is attempting
to commit, committing or fleeing after the commission of an offense.
Sec. 7 Force in Arrest
a. Any
person is justified to use that amount of force necessary to effect
an arrest, except the use of deadly force or force likely to cause
serious bodily injury can not be used unless the person is in immediate
fear of his life or that of a third person.
b. A
law enforcement officer may use that amount of force necessary to
effect an arrest, including the use of deadly force if the person
to be arrested is attempting to escape by use of a deadly weapon,
or the officer is in immediate fear of his life or that of a third
person.
Sec. 8 Force in Defense of One's Dwelling
A person
is justified in using that amount of force necessary against another
person to prevent or terminate the other person's entry into or attack
upon his dwelling. However he may only use deadly force if he is in
immediate fear of his life or the life of another person in the dwelling
or if he reasonably believes that the entry is made or attempted for
the purpose of committing a Class A offense or other offense involving
bodily injury.
Sec. 9 Force in Defense of Property
A person
is justified in using that amount of force necessary, other than deadly
force unless he is in immediate fear of his life or the life of a third
person, to prevent or terminate criminal interference with real/personal
property lawfully in his possession or in the possession of his immediate
family, or belonging to a person whose property he has a legal duty
or right to protect.
Sec. 10 Insanity as a Defense
a. An
act done by a person in a state of insanity can not be punished as
a public offense, nor can a person be tried, adjudged to punishment,
or punished for a public offense while he is insane
b. The
Court shall appoint two physicians, at least one of whom is a psychiatrist
or otherwise especially qualified, to examine the defendant.
(1)
At a hearing in open court, the Judge shall receive the report of
the examining physicians and shall permit counsel for both sides
to examine them. The prosecution and/or the defendant may introduce
other evidence and cross-examine one another's witnesses.
(2)
The Court shall then make and enter its findings of sanity or insanity.
c. If
the Court finds the defendant sane, the trial shall proceed or judgment
may be pronounced, as the case may be.
d. If
the Court finds the defendant insane, the Judge shall order the law
enforcement officer to convey him forthwith, together with a copy
of the complaint, the commitment and the physicians certificate, if
any, into the custody of a suitable treatment program. Proceedings
against the defendant must be suspended until the psychiatrist in
charge finds him capable of standing trial. The commitment of the
defendant shall exonerate any bail he may have given, or shall entitle
any person authorized to receive the property of the defendant to
a return of any money he may have deposited instead of bail.
I. CLASSES OF OFFENSES AND SENTENCE
Sec. 1 Sentence for Classes of Offenses
a. A
person convicted of a Class A, B, C, D, or E offense may be sentenced
as follows:
(1)
If the offense is a Class A offense, to a term of imprisonment not
to exceed one (1) year, to a fine not to exceed $5,000.00, or to
both such fine and imprisonment.
(2)
If the offense is a Class B offense, to a term of imprisonment not
to exceed nine (9) months; to a fine not to exceed $5,000.00, or
to both such fine and imprisonment.
(3)
If the offense is a Class C offense, to a term of imprisonment not
to exceed six (6) months; to a fine not to exceed $5,000.00, or
to both such fine and imprisonment.
(4)
If the offense is a Class D offense, to a term of imprisonment not
to exceed 30 days; to a fine not to exceed $5,000.00, or to both
such fine and imprisonment.
(5)
If the offense is a Class E offense, to a fine not to exceed $100.00,
without imprisonment.
b. In
addition to the sentences listed, any further punishment or penalty
specifically established for a particular offense also may be imposed.
Sec. 2 General Sentencing Provisions
a. If
an offense is not designated as a Class A, B, C, D, or E offense,
the sentence imposed for such offense shall be as specified in the
ordinance establishing the offense.
b. If
an offense is not designated as a Class A, B, C, D, or E offense,
and no sentence is specified for the offense, it shall be a Class
E offense, and a person convicted of such an offense shall be sentenced
as provided in Section 1, Subsection "a" Paragraph (5).
Sec. 3 Probation and Restitution
Nothing
in this Chapter, et al., shall prevent the imposition of a sentence
involving probation or restitution, in accord with the provision of
Title Four (4).
BAIL
SCHEDULE
CLASS A Offense $5000.00
Class
B Offense $2500.00
Class
C Offense $1000.00
Class
D Offense $250.00
Class E Offense $100.00
CLASSES OF OFFENSES AND SENTENCE
Sec.
1 Sentence For Classes of Offenses (Adopted by Tribal
Council on 12 Oct. 2000)
(a)
A person convicted of a Class A, B, C, D, or E offense may be sentenced
as follows:
(1)
If the offense is a Class A offense, to a term of imprisonment not
to exceed one (1) year; to a fine not to exceed $5,000.00, or to
both such fine and imprisonment.
(2)
If the offense is a Class B offense, to a term of imprisonment not
to exceed nine (9) months; to a fine not to exceed $5,000.00, or
to both such fine and imprisonment.
(3)
If the offense is a Class C offense, to a term of imprisonment not
to exceed six (6) months; to a fine not to exceed $5,000.00, or
to both such fine and imprisonment.
(4)
If the offense is a Class D offense, to a term of imprisonment not
to exceed 30 days, to a fine not to exceed $5,000.00, or to both
such fine and imprisonment.
(5)
If the offense is a Class E offense, to a fine not to exceed $100.00,
without imprisonment.
(b) In
addition to the sentences listed, any further punishment or penalty
specifically established for a particular offense also may be imposed.
TITLE
FIVE - BAIL SCHEDULE
| CHARGE |
CHAPTER/SECTION |
BAIL |
| ATTEMPT,
CONSPIRACY AND SOLICITATION |
|
|
| Attempt |
|