Cherokee Nation, Oklahoma - Tribal Code
Legislative materials are available on the tribe's website. The Table of Contents below corresponds to the 1993 codification that the library has in its collection. The tribe has not given permission for the full-text document to be made available online. Please contact the library for assistance.
Table of Contents
Constitution of the Cherokee Nation Constitution of the Cherokee Nation of Oklahoma
Title 1. Abstracting [Reserved] (1 pg).
Title 2. Agriculture and Animals [Reserved] (1 pg).
Title 3. Aircraft and Airports [Reserved] (2 pgs).
Title 4. Amusement and Sports Ch. 1. General Provisions. (1. Title. 2. Purpose. 3. Legislative history. 4. Definitions. 5. Protection of the environment. 6. Provisions as cumulative. 7. Severability. 8. Sovereign immunity. 9. Emergency declared). Ch. 2. Gaming Commission Administration and Enforcement Procedures. (11. Establishment of Cherokee Nation Gaming Commission. 12. Membership. 13. Opportunities for hearing. 14. Preliminary determination. 15. Hearing. 16. Additional powers of Cherokee Nation Gaming Commission. 17. Limitations Recommendations. 18. Salaries. 19. Appeals. 20. Finality of Commission or Judicial Appeals Tribunal Action). Ch. 3. Licensing. (21. License required. 22. Classes and fees. 23. Class I gaming. 24. Class II gaming. 25. REPEALED. 26. Use of gaming revenue). Ch. 4. Rules of Operation and General Accountability. (31. Records, returns and audits. 32. Rules of the game. 33. Age limit for all gaming. 34. RENUMBERED AND AMENDED). Ch. 5. Licensing Procedures for and Background Investigations of Key Employees and Primary Management Officials. (41. Licenses for key employees and primary management officials. 42. Definitions. 43. Application forms. 44. Background investigations. 45. Eligibility determination. 46. Procedures for forwarding applications and reports for key employees and primary management officials to the National Indian Gaming Commission. 47. Report to the National Indian Gaming Commission. 48. Granting a gaming license. 49. License suspension). (12 pgs).
Title 5. Attorneys Ch. 1. Practicing Before the Cherokee Nation Court. (1. Membership in Cherokee Nation Bar required to practice before Cherokee Nation courts Qualifications for membership. 2. Oath required. 3. Removal of attorney. 4. Granting special permission to appear before court. 5. Choice of counsel. 6. Judge shall not appear as counsel). (4 pgs).
Title 6. Banks and Trust Companies [Reserved] (1 pg).
Title 7. Blind Persons [Reserved] (1 pg).
Title 8. Cemeteries [Reserved] (1 pg).
Title 9. Census [Reserved] (1 pg).
Title 10. Children Ch. 1. General Provisions. (1. Purpose. 1.2. Application of Code. 1.3. Presumption of legitimacy. 1.4. Children deemed legitimate. 2. Children born after dissolution of marriage or before wedlock. 4. Support and education. 5. Grandparental visitation rights. 5.1. Death of custodial parent Custody of child. 5.2. Certain information and records to be available to both custodial and noncustodial parent. 6. Custody of child born out of wedlock. 6.5. Use of certain words in reference to children born out of wedlock prohibited. 7. Allowance out of child’s property for support and education. 8. Parent without control over child’s property. 9. Abuse of parental authority Civil action. 10. Cessation of parent’s authority. 13. Parent’s liability for value of child’s necessaries. 14. Compensation for support of child. 15. Support of stepchildren. 16. Services and support after majority. 17. Relinquishment of rights by parent. 17.1. Assignment by parent to child of right to recover for injury to child. 18. Payment of minor’s wages. 19. Parent’s right to change child’s residence. 20. Parent or child not answerable for other’s act. 21. Custody during parent’s separation Habeas Corpus. 21.1. Custody or guardianship Order of preference Death of custodial parent Preference of child. 24. Appointment of counsel Compensation). Ch. 1A. Care and Custody. (25. Definitions. 26. Right to custody. 27. Authority to assign, relinquish or otherwise transfer. 28. Parties to whom relinquishments may be made. 29. Execution of relinquishments. 29.1. Termination of parental rights Petition; Notice; Hearing; Orders. 30. Requisites of relinquishment. 31. Recovery of child after relinquishment. 32. Placement of child in foster home. 33. Importation and exportation of children. 34. Application of act. 35. Violation of act. 36. Severability of provisions of act. 37. Construction of act. 38. Voluntary relinquishment of physical custody Presumption). Ch. 1B. Indian Child Welfare Act. (40. Short title. 40.1. Purpose Policy of nation. 40.2. Definitions. 40.3. Application of act Exemptions Determination of Indian status. 40.4. Involuntary Indian child custody proceedings-Notice. 40.5. Emergency removal of Indian child from parent or custodian-Order. 40.6. Placement preference. 40.7. Agreements with Indian tribes for care and custody of Indian children. 40.8. Payment of foster care expenses under certain circumstances. 40.9. Records). Ch. 2. Adoption. (55. Adoption of child born out of wedlock by father. 55.1. Notice of intent to claim paternity acknowledging paternity Paternity registry. 57. Records to be kept confidential Release of medical history and other information. 58. Limitation on challenge to adoption after entry of final decree). Ch. 2A. Uniform Adoption Act. (60.1. Definitions. 60.2. Eligibility for adoption. 60.3. Eligibility to adopt. 60.4. Court and Jurisdiction. 60.5. Consent to adoption. 60.5A. Medical history form to be completed for certain children Contents Filing. 60.6. Consent of parents Exceptions. 60.7. Notice and hearing in cases of adoption without consent of parents-Procedure. 60.7A. Court clerk or deputy may affix signature of judge to order and notice of hearing. 60.9. Effect of act on prior adoptions. 60.10. Withdrawal of consent Notice and hearing Limitation. 60.11. Consent of child. 60.12. Petition for adoption. 60.13. Investigations and reports. 60.14. Waiver of interlocutory decree and waiting period. 60.15. Interlocutory decree Hearing Final decree. 60.16. Effect of final decree-Grandparental rights. 60.17. Confidential character of hearings and records Release of medical history. 60.18. Certificates. 60.19. Appeals. 60.20. Foreign decrees. 60.21. Adoption of adults). Ch. 51. Delinquent, Dependent and Neglected Children. Article I Dependent and Delinquent Children. (1101. Definitions. 1102. Jurisdiction of district court-Transfer or consolidation of proceedings. 1102.1. Transfer of issues regarding child to juvenile docket for preliminary inquiry and determination. 1103. Preliminary inquiry Verified petition Contents Filing by prosecuting attorney. 1103.1. Amendment of petition. 1104. Summons Contents Service Taking child into custody Arrest warrant. 1104.1. Filing petition when child taken into custody Time Order to remove child from home. 1104.2. Persons 16 or 17 years of age to be considered as adult for committing certain offenses Warrants Certification as child. 1105. Service of summons Time of hearing Mental health examination Report. 1106. Failure to appear Contempt Warrants. 1107. Taking child into custody prior to filing petition Detention or release Medical examination and treatment. 1107.1. Conditions of detention of child Detention or confinement in adult facility. 1108. Temporary detention of children Reimbursement of transportation costs Detention facilities Detention services and centers Standards for certification of facilities used to detain juveniles. 1109. Questioning of children Counsel-Appointment of guardian ad litem Court appointed special advocates Immunity-Confidentiality. 1110. Jury trial. 1111. Conduct of hearings. 1112. Children charged with violating Nation statute or municipal ordinance Juvenile proceedings Felonies Trial as adult Matters considered Bail. 1113. Allegations of petition not supported by evidence. 1114. Allegations of petition supported by evidence. 1115. Dispositional hearings Additional reports or evidence. 115.1. Placement plan Filing; Preparation; Approval; Contents; Substance abuse treatment program for parents Child born dependent on controlled dangerous substance. 115.2. Information to accompany child placed outside his home. 1116. Disposition orders. 1116.1. Review of order removing child from custody of lawful parents. 1117. Persons or agencies receiving custody Rights and duties. 1118. Modification of decrees or orders. 1119. Religious faith of parents or child.1120. Examination of child by physician or mental health professional Order for care expenses Emergency Investigation 1121. Care and maintenance of child-Orders for enforcement. 1122. Penalties. 1123. Appeals. 1123.1. Appellate titling of case by initials of child. 1123.2. Time for filing petition Completion of record Briefing schedule. 1124. Mileage and witness fees. 1125. Records. 1127. Use of records or evidence in other causes or proceedings prohibited Fingerprinting Civil disability Criminal status. 1129. Liberal construction of act. 1130. Termination of parental rights in certain situations. 1131. Notice of hearing to terminate parental rights. 1132. Effect of termination of parental rights. 1133. Custody with authority to consent to adoption after termination of parental rights. 1134. Action to adopt not to be combined with action to terminate parental rights. 1135. Placement determination. 1135.1. Child in need of treatment Care and placement Evaluation Inpatient care and treatment. 1136. Cherokee Nation to care for deprived children. 1137. Child adjudicated in need of supervision Placement Rehabilitative facilities. 1138. Delinquent children Intent of Legislature Powers and duties of Cherokee Nation or the Department. 1139. Discharge of children adjudicated delinquent Retaining custody. 1140. Children becoming unmanageable and uncontrollable. 1141. Intake, probation and parole services. 1142. Cooperative agreements for education and training of children. 1144. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected Penalty. 1145. Cherokee Nation to serve as legal guardian. 1146. Escape or run away from institutional placement. 1147. Admissibility of prerecorded statements of child age 12 or under who is victim of abuse. 1148. Taking testimony of child age 12 or under in room other than courtroom Recording. 1149. Aggravated assault and battery upon employee of facility for delinquent children). Article II Area Children’s Detention Centers. (1301. Establishment of Area Detention Centers. 1403.1. Rules, regulations, policies and procedures regarding children in Cherokee Nation custody. 1403.2. Use of physical force Mechanical restraints. 1404.1. Juvenile Offender Victim Restitution Work Program. 1405. Enforcement. 1406. Institutional Abuse. 1407. Child Protection. 1611. Pleading or affidavit Oath Information required. (88 pgs).
Title 11. Citizenship Ch. 1. General Provisions. (1. Title. 2. Purpose. 3. Legislative history. 4. Definitions). Ch. 2. Policies and Procedures for Membership Applications. (11. Requirements of the applicant. 11A. Temporary automatic membership of newborn children. 12. Membership requirements. 13. Procedures. 14. Documentation). Ch. 3. Appeal from Adverse Enrollment Action. (21. Who may appeal. 22. Appeals generally. 23. Appeal procedure. 24. Computation of appeal period. 25. Burden of proof. 26. Action by the Registrar. 27. Action by the District Court of the Cherokee Nation Standard of review). Ch. 4. Tribal Membership. (31. Tribal membership cards. 32. Maintenance of records. 33. Release of tribal membership information. 34. Relinquishment. 35. Recognition of Delaware Tribe of Cherokee Nation Rights and duties of Delaware Tribe and Cherokee Nation and citizens thereof Proposal of and conduct of referendum upon governing document for Delaware Tribe Election of tribal officers). (12 pgs).
Title 12. Civil Procedure Ch. 1. Adoption of Federal Rules of Civil Procedure Federal Rules of Evidence. (1. Federal Rules of Civil Procedure Federal Rules of Evidence). Ch. 2. Statute of Limitations. (11. Express or implied contracts. 12. Property injury Personal injury. 13. Tolling of period for minors or incompetents. 14. Action for relief not provided for). Ch. 3. Interest Rate of Judgments. (21. Interest on judgments). Ch. 4. Change of Name. (31. Right to petition for change of name. 32. Petition. 33. Notice Protest Hearing date Continuance. 34. Evidence Determination. 35. Judgment. 36. Illegal or fraudulent purpose. 37. Exclusiveness of statutory remedy). (6 pgs).
Title 13. Common Carriers [Reserved] (1 pg).
Title 14. Reserved for Future Use.
Title 15. Contracts [Reserved] (1 pg).
Title 16. Conveyances [Reserved] (1 pg).
Title 17. Commissions [Reserved] (1 pg).
Title 18. Corporations Ch. 1. General Provisions. ([Reserved])Ch. 2. Incorporation and Regulation of Corporations Generally. (11. Authorization. 12. Board of directors. 13. By-laws. 14. Suits by and against corporations Indemnification of directors, officers or employees. 15. Disposition of surplus earnings. 16. Borrowing and pledges of credit. 17. Exemption from liability for corporate debts and obligations of private property of officers and directors. 18. Inspection and auditing of books, records and reports). Ch. 3. Tribal Corporations. Article 1. General Provisions. (21. Short title. 22. Definitions. 23. Books and records. 24. Waiver of notice. 25. Unauthorized assumption of corporate powers. 26. Reservation of power). Article 2. Corporate Purposes and Powers. (31. Purposes. 32. General powers). Article 3. Corporate Finance. (41. Right of corporation to acquire and dispose of its own shares. 42. Authorized shares. 43. Issuance of shares in series. 44. Consideration of shares. 45. Payment for shares. 46. Determination of amount of stated capital. 47. Expenses of organization, reorganization and financing. 48. Certificates representing shares. 49. Fractional shares). Article 4. Shareholders. (61. Liability of subscribers and shareholders. 62. Shareholders’ preemptive rights. 63. Meetings of shareholders. 64. Notice of shareholders’ meetings. 65. Quorum of shareholders. 66. Voting of shares). Article 5. Directors and Officers. (81. Board of directors. 82. Number and election of directors. 83. Classification of directors. 84. Vacancies. 85. Removal of directors. 86. Quorum of directors. 87. Director conflicts of interest. 88. Notice of directors’s meetings Committee meetings. 89. Dividends. 90. Distribution from capital surplus. 91. Loans to employees and directors. 92. Officers. 93. Removal of officers). Article 6. Organization of Corporations. (111. Incorporators. 112. Articles of incorporation. 113. Filing of articles of incorporation. 114. Effect of issuance of certificate of incorporation. 115. By-laws). Article 7. Amendments of Articles of Incorporation. (131. Right to amend articles of incorporation. 132. Procedure to amend articles of incorporation. 133. Execution of articles of amendment. 134. Filing of articles of amendment. 135. Effect of certificate of amendment). Article 8. Sale and Other Disposition of Corporate Assets. (151. Sale of assets in regular course of business and mortgage or pledge of assets. 152. Sale of assets other than in regular course of business). Article 9. Dissolution of Corporations. (171. Voluntary dissolution by incorporators. 172. Voluntary dissolution by consent of Cherokee Nation. 173. Voluntary dissolution by act of corporation. 174. Filing of statement of intent to dissolve. 175. Effect of statement of intent to dissolve. 176. Procedure after filing of statement of intent to dissolve. 177. Revocation of voluntary dissolution proceedings by consent of Cherokee Nation. 178. Revocation of voluntary dissolution proceedings by act of corporation. 179. Articles of dissolution. 180. Filing of articles of dissolution. 181. Jurisdiction of Tribal Judicial Tribunal to liquidate assets and business of corporation. 182. Procedure in liquidation of corporation by Tribal Judicial Tribunal. 183. Filing of claims in liquidation proceedings. 184. Discontinuance of liquidation proceedings. 185. Entry of decree of involuntary dissolution. 186. Filing of decree of dissolution. 187. Survival of remedy after dissolution). (32 pgs).
Title 19. Council Ch. 1. General Provisions. (1. Voting upon appointment to public office of persons related to members of Council. 2. Removal of members of Council. 3. Filling of vacancies. 4. Employment of relatives of Council members. 5. Publication of Council minutes). Ch. 2. Committees. (11. Standing Committees Establishment. 12. Same Membership. 13. Same Duties. 14. Repeal of prior legislation). Ch. 3. Salaries and expenses. (21. Compensation of Council members Generally. 22. Reimbursement of travel expenses Generally. 23. Same Travel outside Cherokee Nation). Ch. 4. Officers and Meetings. (31. President of the Council. 32. Secretary of the Council. 33. Time and place of sessions. 34. Adjournment of sessions. 35. Rules and procedure generally. 36. Order of business. 37. Roll call votes). (8 pgs).
Title 20. Courts and Procedure Ch. 1. General Provisions. (1. Courts may appoint interpreters. 2. Witness qualifications Oath. 3. Cross-examination. 4. Non-attendance of witnesses). Ch. 2. District Court Jurisdiction and Procedure. (11. Application and purpose. 12. Composition. 13. Terms of district judges. 14. Oath of district judge. 15. Disability or vacancy of office of district judge. 16. Salaries. 17. Removal from office. 18. Clerk. 19. Clerk “pro tempore”. 20. District Court office. 21. Place and terms of District Court proceedings. 22. District Court deemed always open Effective sessions. 23. Judicial Conference. 24. Jurisdiction General. 25. Same Territorial. 26. Writs or orders. 27. Rules). Ch. 3. Judicial Appeals Tribunal Organization and Administration. (31. Number of justices Quorum. 32. Nomination f justices. 33. Terms of justices. 34. Oath or affirmation of justices. 35. Election of Chief Justice. 36. Disability of or vacancy in office of Chief Justice. 37. Salaries of justice. 38. Removal from office of justices. 39. Clerk. 40. Tribunal office. 41. Place and terms of tribunal proceedings. 42. Tribunal deemed always open Effect of sessions. 43. Judicial Conference of the Cherokee Nation). Ch. 4. Same Powers and Duties Generally. (51. Jurisdiction of Appeals Tribunal generally. 52. Superintendence over courts of inferior jurisdiction. 53. Tribunal may proscribe rules of procedure four courts of inferior jurisdiction. 54. Tribunal decisions to have the force of law. 55. Publication of decisions of Tribunal. 56. Decisions to be rendered for the true interpretation of the law. 57. Adoption of rules governing pleading practice and procedure. 58. Administration of oaths and affirmations Taking of acknowledgments. 59. Disqualification of justices). Appendix. Courts and Procedure. I. In General (1. Rules to be liberally construed. 2. Amendment or rescission of rules). II. Petition. (3. Withdrawal and dismissal. 3a. Assignment of cases. 4. Filing. 5. Form Jurat or declaration Number of copies. 6. Contents. 7. Service). III. Notice. (8. When and by whom issues Contents Service. 9. Extension of time for hearing. 10. Amendment. 11. Withdrawal. 12. Refusal to issues or reissues notice). IV. Answer. (13. When and by whom filed Contents. 14. Place of filing Service upon other parties Form. 15. Extension of time for filing. 16. Amendment). V. Motions. (17. Place of filing Contents Service on other parties Time for filing of motions and responses thereto. 18. Rulings on motions generally. 19. Motions, rulings and orders to be part of the record. 20. Motions to dismiss. 21. Motion for summary judgment. 22. Review of granting of motion to dismiss entire petition. 23. Filing of answer or other participation in proceedings not deemed a waiver of rights. 24. Intervention). VI. Witnesses. (25. Examination of witnesses generally Depositions. 26. Payment of witnesses’ fees and mileage). VII. Hearings. (27. Duties and powers of tribunal justices generally. 28. Disqualification of justices. 29. Rights of parties generally. 30. Applicability of Federal Rules of Evidence. 31. Admissibility of stipulations of fact. 32. Objections to conduct of hearing. 33. Opportunity for oral argument Filings of briefs and proposed findings. 34. Continuances and adjournments. 35. Penalties for misconduct at hearing before a justice). VIII. Election Recount Procedure. (36. Supervision of recounts by tribunal). IX. Service and Filing of Papers. (37. Service of process of papers generally Proof of service. 38. Service by parties Proof of service. 39. Date of service Filing of proof of service. 41. Signature of orders). X. Ex-Parte Communications. (42. Communication between justices or employees of tribunal and persons involved in proceedings Communication between justices and assistants). (28 pgs).
Title 21. Crimes and Punishments Part I In General. Ch. 1. Preliminary Provisions. (1. Title of code. 2. Criminal acts are only those prescribed “This code” defined. 3. Crime and public offense defined. 4. Crimes classified. 7. Objects of penal code. 8. Conviction must precede punishment. 10. Punishment of crimes. 11. Specific statute in other chapters as governing Acts punishable in different ways-Acts not otherwise punishable by imprisonment). Ch. 2. General Provisions. Miscellaneous Provisions. (21. Prohibited act a crime, when. 22. Gross injuries Grossly disturbing peace Openly outraging public decency-Injurious acts not expressly forbidden. 24. Acts punishable under foreign laws. 25. Foreign conviction or acquittal. 26. Contempts, criminal acts which are also punishable as. 27. Mitigation of punishment. 28. Aiding in a crime. 29. Sending letter When complete Place of prosecution. 30. Failure to perform duty). Attempts. (41. Conviction for attempt not permitted where crime is perpetrated. 42. Attempts to commit crimes Punishment. 43. Unsuccessful attempt Another crime committed. 44. Attempt defined. 53. Attempt to conceal death of child Punishment on subsequent conviction). Sentence and Imprisonment. (61.1. Sentences to be served in order received by penal institution-Concurrent sentences. 61.2. Sentences to run concurrent with federal court or another state’s court sentence. 61.4. Suspended sentence Revocation Relinquishment of custody. 61.5. Return to nation to complete sentence. 64. Fine, though not prescribed, may be added to imprisonment. 65. Civil rights suspended. 67. Person of convict protected. 68. Conviction does not work forfeiture). Perjury on Examination of Privileged Witness. (81. Testimony Privilege of witnesses and perjury). Definitions. (91. Terms to have meanings specified unless different meaning appears. 92. Willfully defined. 93. Negligent Negligence. 94. Corruptly. 95. Malice Maliciously. 96. Knowingly. 97. Bribe. 98. Vessel. 99. Peace officer. 100. Signature. 101. Writing includes printing. 102. Real property. 103. Personal property. 104. Property defined. 105. Person defined. 106. Person as designating party whose property may be subject of offense. 107. Singular includes plural. 108. Gender. 109. Present tense. 110. Intent to defraud). Other Remedies and Punishments. (131. Civil remedies not affected. 132. Proceeding to impeach or remove). Fines and Penalties. (141. Payment into Cherokee Nation). Crime Victims Compensation Act. (142.1. Intent of Council. 142.18. Victims compensation assessments). Ch. 3. Persons Liable to Punishment. (151. Persons liable to punishment in nation. 152. Persons capable of committing crimes Exceptions Children Idiots Lunatics Ignorance Commission without consciousness Involuntary subjection. 153. Intoxication no defense. 154. Morbid propensity no defense. 155. Subjection to superior exonerates. 156. Duress must be actual). Ch. 4. Parties to Crime. (171. Classification of parties. 172. Principals defined. 173. Accessories defined. 175. Punishment of accessories). Ch. 6. Crimes Against the Executive Power. (264. Falsely assuming to be peace officers Private persons may make arrests. 265. Briber or offering bribe to executive officer. 266. Asking or receiving bribes. 267. Preventing officer’s performance of duty. 268. Resisting executive officer. 269. Asking or receiving unauthorized reward for official act. 270. Reward for omission to act, asking or receiving. 278. Refusal to surrender books to successor. 279. Administrative officers included). Ch. 7. Crimes Against the Legislative Power. (301. Preventing meetings of council. 304. Preventing Council member or personnel from performing official duties Penalty. 308. Bribery of or influencing Council members. 308. Bribery of or influencing Council members. 309. Soliciting bribes Trading votes. 312. Forfeiture of office Disqualification to hold office. 318. Bribery. 321. Member of Council Soliciting or securing employment with Cherokee Nation). Ch. 8. Crimes Against the Revenue and Property of the Nation. (341. Embezzlement and false accounts by officers. 344. Fraud by officer authorized to sell, lease or make contract, 346. Obstructing the collection of taxes. 349. Injuring or burning public buildings. 351. False statement regarding taxes. 353. Officer dealing in warrants Crime. 355. Member of governing body not to furnish public supplies for consideration. 358. False, fictitious or fraudulent claims against nation. 359. Penalties). Part II Crimes Against Public Justice. Ch. 10. Bribery and Corruption. (380. Bribery of fiduciary. 381. Bribing officers. 382. Officers receiving bribes. 383. Bribing jurors, referees, etc. 384. Receiving bribes by jurors, referees, etc. 385. Misconduct of jurors. 386. Accepting gifts. 387. Gifts defined. 388. Attempts to influence jurors. 389. Drawing jurors fraudulently. 390. Misconduct by officer in charge of jury). Ch. 11. Conspiracy. (421. Conspiracy Definitions Punishment. 422. Conspiracy outside nation against the peace of the nation 423. Overt act necessary. 424. Punishment for conspiracy against nation). Ch. 11A. Election Fraud. (425. Voting fraud. 426. Unlawful influence of voters. 427. Receiving the votes of unqualified voters. 428. Tampering with election returns). Ch. 12. Escapes and Aiding Therein. (431. Rearrest of escaped prisoners. 434. Escape from penal institution. 436. Attempt to escape from penal institution. 437. Assisting prisoner to escape. 438. Carrying into penal institution things to aid escape. 439. Concealing escaped prisoner. 440. Harboring criminal and fugitives Penalty. 441. Assisting escape from officer. 442. Prisoner defined. 443. Escape from penal institution. 443A. Additional punishment under rules and regulations of penal institution after escape. 444. Escape or attempt to escape from arrest or detention. 445. Unauthorized entry into penal institution, jail, etc. Penalties). Ch. 13. Falsifying Evidence. (451. Offering false evidence. 452. Deceiving witness. 453. Preparing false evidence. 454. Destroying evidence. 455. Preventing witness from giving testimony. 456. Bribing witness Subornation of perjury). Ch. 14. Forging, Stealing, Mutilating and Falsifying Judicial and Public Records and Documents. (Larceny or destruction of records by clerk or officer. 462. Larceny or destruction of records by other persons. 463. Offering forged or false instruments for record. 464. Forging name to petition Penalties). Ch. 15. Illegal Use of Government Documents. (471. Criminal activity with respect to tribal membership). Ch. 16. Nepotism. (481. Employment of relatives unlawful, when. 482. Unlawful to pay salary to ineligible persons. 483. Appointment of one related to another officer. 485. Penalty. 486. Removal from office for violation of article. 487. Officers affected). Ch. 17. Perjury and Subornation of Perjury. (491. Perjury defined Defense. 492. Oath defined. 493. Oath of office. 494. Irregularities no defense. 495. Incompetency no defense. 497. Making deposition or certificate. 498. Degree of proof required. 500. Punishment for perjury. 501. Summary committal of witness. 503. Documents may be retained. 504. Perjury by subornation Attempted perjury by subornation. 505. Punishment of subornation of perjury). Ch. 18. Rescues. (521. Rescuing prisoners. 522. Taking goods from legal custody). Ch. 19. Other Crimes Against Public Justice. (531. Injury to records Embezzlement by officer. 532. Permitting escape. 533. Refusing to receive prisoners. 535. Arrest without authority. 537. Refusing to aid officer. 538. Refusing to make arrest. 540. Obstructing officer. 540A. Eluding police officer. 540B. Roadblocks. 543. Compounding crimes. 544. Compounding prosecution. 545. Attempt to intimidate officer. 546. Suppressing evidence. 547. Buying lands in suit. 554. Attorneys Buying demands for suit Misleading inferior courts. 555. Prosecutors and their partners. 556. Suppressing evidence. 557. Attorneys may defend themselves. 565.1. Trial court Power to punish contempt Censure Contempt proceedings. 566. Punishment for direct or indirect contempt Guidelines for determination of sentence and purge fee for failure to comply with certain orders regarding children Failure to follow guidelines Factors to be used in determining sentence and purge fee-Noncompliance with certain orders regarding children as prima facie evidence of indirect civil contempt. 567. Indirect contempts Notice Trial by jury Appearance bond. 568. Contempt Substance of offense made of record. 569. Attorneys Second application to another judge to stay trial. 573. Fraudulent concealment of property. 575. Attorneys, misconduct by Deceit Delaying suit Receiving allowance for money not laid out. 576. Attorney permitting other person to use his name. 577. Attorneys, use of name lawful, when. 578. Inheritance, intercepting by fraudulent production of infant. 579. Substituting child. 584. Prosecuting suit or brining action or procuring arrest in false name. 587. Recording of petit jury proceedings Listening or observing Penalty. 589. False reporting of crime). Part III Crimes Against the Person. Ch. 20. Assault and Battery. (641. Assault defined. 642. Battery defined. 643. Force against another not unlawful, when Self-defense Defense of property. 644. Assault or assault and battery Punishment. 646. Aggravated assault and battery defined. 647. Punishment for aggravated assault and battery. 648. Definitions. 649. Assault, battery or assault and battery upon police officer or other peace officer Penalties. 649.1. Certain acts against police dog or police horse prohibited Penalties. 649.2. Killing police dog or police horse Penalties. 650. Aggravated assault and battery upon peace officer. 650.1. Athletic contests Assault and battery upon referee, umpire, etc. 650.2. Aggravated assault and battery upon Cherokee Nation Corrections employee. 650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider Punishment. 650.4. Assault, battery or assault and battery upon emergency medical technician or other emergency medical care provider Punishment. 650.5. Aggravated assault and batter or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider Punishment). Ch. 21. Attempts to Kill. (651. Poison, attempt to kill by administering. 652. Shooting or discharging firearm with intent to kill Assault and battery with deadly weapon, etc.). Ch. 22. Duels and Challenges. (661. Duel defined. 662. Punishment for dueling). Ch. 23. Criminal Assaults. (681. Assaults with intent to commit crime). Ch. 24. Homicide. General Provisions. (691. Homicide defined. 692. Homicide classified. 693. Proof necessary to conviction of murder or manslaughter. 694. Petit treason by killing master or husband abolished Such offenses homicides. 695. Confidential or domestic relation may be considered). Murder. (701.7. Murder in the first degree. 701.8. Murder in the second degree. 701.9. Punishment for murder. 701.16. Solicitation for murder in the first degree. 702. Design to effect death inferred. 703. Premeditation. 704. Anger or intoxication no defense. 705. Act imminently dangerous and evincing depraved mind). Manslaughter. (711. Manslaughter is the first degree defined. 712. Liability of physicians. 713. Killing and unborn quick child. 7145. Punishment for manslaughter in the first degree. 716. Manslaughter in the second degree. 717. Owner of mischievous animal which kills person. 722. Punishment for manslaughter in the second degree). Excusable and Justifiable Homicide. (731. Excusable homicide, what is. 732. Justifiable homicide by officer. 733. Justifiable homicide by any person). Ch. 25. Kidnapping. (741. Kidnapping defined. 745. Kidnapping for purpose of extortion Assisting in disposing, receiving, possessing or exchanging money or property received. 746. Venue. 747. Holder of hostage Telephone communications). Ch. 26. Maiming. (751. Maiming defined. 752. Maiming one’s self. 754. Means and manner of maiming immaterial. 755. Maiming by disfigurement. 756. Design to maim inferred. 757. Premeditate design. 758. Recovery before trial at bar Conviction of assault and battery. 759. Punishment for maiming). Ch. 28. Robbery. (791. Robbery defined. 792. Force or fear How employed. 793. Degree of force immaterial . 794. What fear is an element. 795. Value of property not material. 796. Taking secretly not robbery. 797. Degrees of robbery. 798. Punishment for first degree. 799. Punishment for second degree. 800. Robbery by two or more persons Punishment. 801. Robbery or attempted robbery with dangerous weapon or imitation firearm Punishment). Ch. 29. Suicide. (811. Suicide defined. 813. Aiding suicide.814. Furnishing weapon or drug. 815. Aid in attempt to commit suicide. 816. Incapacity of person committing or attempting suicide no defense. 817. Punishment for aiding suicide. 818. Punishment for aiding an attempt at suicide). Ch. 30. Miscellaneous Offenses Against the Person. In General. (831. Intoxicated physician. 832. Willfully poisoning food, drink, medicine, or patent or proprietary medicine. 833. Unlawful confinement of lunatics. 834. Reconfining persons discharged upon writ of deliverance. 835. Concealing persons to avoid habeas corpus. 836. Assisting in concealing person to avoid habeas corpus. 837. Intimidating laborers. 838. Intimidating employers). Right of privacy. (839.1. Right of privacy Use of name or picture for advertising without consent Crime. 839.2. Right of action Damages. 839.3. Right of photographer to exhibit specimens of work Other uses excepted). Tattooing. (841. Tattooing prohibited Definition Exemption. 842. Penalty). Child Abuse. (843. Abuse of children Penalty. 843.1. Caretaker Abuse, neglect or financial exploitation of charge. 844. Ordinary force as means of discipline not prohibited. 845. Public policy Protection of children Definitions. 846. Mandatory reporting of physical abuse or birth of chemical-dependent child Investigations Spiritual treatment exemption Appointment of attorney for child. 846.1. Report of criminally inflicted injuries. 847. Immunity from civil or criminal liability. 848. Admissibility of evidence). Explosives. (849. Wiring or equipping of vehicles or structure with explosives Penalty). Part IV Crimes Against Public Decency and Morality. Ch. 31. Abandonment and Neglect of Wife or Children. (850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability Standardized reporting system. 851. Desertion of children under age of ten Penalty. 852. Omission to provide for a child Penalties. 852.1. Child endangerment Knowingly permitting physical or sexual abuse Good faith reliance on spiritual healing Penalties. 853. Desertion of wife or child under 15 Penalty. 854. Proof of marriage Wife as competent witness Duty of prosecutor to prosecute). Ch. 31A. Contributing to Delinquency of Minors. (856. Contributing to delinquency of minor or in commission of crime Punishment. 856.1. Causing, aiding, abetting or encouraging minor to participate in certain drug related crimes. 857. Definitions. 858.1. Causing, aiding, abetting or encouraging minor to be in need of supervision or dependent or neglected Punishment Second or subsequent conviction.858.2. Neglect of minor adjudicated delinquent, in need of supervision or dependent and neglected and placed in parent’s or others’ care). Ch. 32. Concealing Death of Children. (863. Concealing stillbirth or death of child). Ch. 32A. Trafficking Children. (865. Definitions. 866. Elements of offense. 867. Punishment. 868. Partial invalidity. 869. Construction of act). Ch. 34. Bigamy, Incest and Sodomy. (881. Bigamy defined. 882. Exceptions to the rule of bigamy. 883. Punishment of bigamy. 884. Person marrying bigamist. 885. Incest. 886. Crime against nature. 887. Crime against nature, when penetration necessary. 888. Forcible sodomy). Ch. 35. Child Stealing. (891. Child stealing Punishment). Ch. 36. Crimes Against Religion and Conscience. (913. Compelling form of belief. 914. Preventing religious act. 915. Disturbing religious meeting). Ch. 38. Gambling. General Provisions. (941. Opening, conducting or carrying on gambling game Dealing for those engaged in game. 942. Betting on or playing prohibited game Punishment. 943. Gambling paraphernalia Disposition. 944. Slot machines Setting up, operating or conducting Punishment. 945. Use of real estate or buildings for gambling purposes Punishment Liens Liability on official bond of receivers, etc. Invalidity of leases. 946. Illegal use of building Nuisance Penalty. 952. Persons jointly charged Severance. 953. Accomplice testimony Force of same. 956. Permitting gambling in building or on grounds. 957. Leasing for gambling purposes. 959. Witnesses failing to testify. 960. Seizure of apparatus and delivery to magistrate. 961. Testimony, no person excused from giving). Slot Machines and Punch Boards. (964. “Slot machine” defined. 965. “Thing of value” defined. 966. “Punch board” defined. 967. Words in singular and plural. 968. “Person” defined. 969. Possession, sale, or lease of slot machines or punch boards prohibited. 971. Punch boards Acts prohibited Punishment. 978. Bingo and Regulated Gambling not prohibited). Gambling and Commercial Gambling Activities. (981. Definitions. 982. Commercial gambling. 983. Permitting premises to be used for commercial gambling. 985. Possession of a gambling device. 987. Dissemination of gambling information. 988. Conspiracy). Betting, Etc., on Races. (Betting or letting premises for betting on races. 993. Evidence for prosecution Accomplices Immunity for witnesses). Bingo. (995.2. Definitions. 995.11. Intoxicating and nonintoxicating beverages prohibited. 995.12. License required. 995.13. Minors. 995.15. Penalties. 995.18. Severability). Ch. 39. Indecent Exposure, Obscenity and Disorderly Houses. (1021. Indecent exposure Indecent exhibitions Obscene or indecent writings, pictures, etc. Solicitation of minors. 1021.1. Application of act. 1021.2. Minors Obscene or indecent writings, pictures, etc. 1021.3. Guardians Parents Custodians Consent to participation of minors in obscene writings, pictures, etc. 1022. Indecent articles, by who seized and to whom delivered. 1023. Indecent articles, how disposed of Examination of accused. 1024. Prosecutor to destroy indecent articles, when. 1024.1. Definitions. 1024.2. Purchase, procurement or possession of obscene material Penalty. 1024.3. Power to arrest and seizure of obscene material. 1024.4. Destruction of obscene material upon conviction. 1025. Bawdy house, etc. Penalty. 1026. Disorderly house. 1027. Letting building for unlawful purposes. 1028. Setting up or operating place of prostitution Ownership Renting Procuring Receiving person for forbidden purpose Transportation Receiving proceeds. 1029. Engaging in prostitution, etc. Soliciting or procuring Residing or being in place for prohibited purpose Aiding, abetting or participating. 1030. Prostitution defined Lewdness defined. 1031. Punishment for violations. 1040.8. Publication, distribution or participation in preparation of any obscene material or presentation Unsolicited mailing Penalty. 1040.9. Obscene literature defined. 1040.10. Provisions cumulative. 1040.13. Acts prohibited Crime. 1040.51. Pictures, movies, etc. showing acts of sexual intercourse or unnatural copulation Prohibited Exceptions Penalties. 1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence). Ch. 42. Pandering. (1081. Offense defined Punishment. 1082. Part of offense outside of nation no defense. 1083. Injured party as witness. 1084. Marriage no defense. 1085. Restraining person in house of prostitution a crime. 1086. Allowing offense on premises Punishment. 1087. Child under 18 years of age Procuring for prostitution, lewdness or other indecent act Punishment. 1088. Child under 18 years of age Inducing, keeping, detaining or restraining for prostitution Punishment). Ch. 45. Rape, Abduction, Carnal Abuse of Children and Seduction. (1111. Rape defined. 1111.1. Rape by instrumentation. 1112. Age limitations on conviction for rape. 1113. Slight penetration is sufficient to complete crime. 1114. Rape in first degree Second degree. 1115. Punishment for rape in first degree. 1116. Punishment for rape in second degree. 1117. Compelling woman to marry. 1118. Intent to compel woman to marry. 1119. Abduction of person under fifteen. 1123. Lewd or indecent proposals or acts as to child under 16 Sexual battery). Ch. 47. Violating Sepulture and the Remains of the Dead. (1151. Disposal of one’s own body. 1152. Duty of burial. 1153. Burial in other states. 1154. Autopsy Definition When allowed. 1155. Unlawful dissection is a crime. 1156. Remains after dissection. 1157. Dead limb or member of body. 1158. Duty of burial devolves upon whom. 1159. Neglect of burial. 1160. Persons entitle to custody of body. 1161. Unlawful removal of dead body Violation of or damage to casket or burial vault. 1162. Purchasing dead body. 1163. Unlawful interference with places of burial. 1164. Removal to another burial place. 1165. Arresting or attaching dead body. 1166. Disturbing funerals. 1167. Injury to cemetery or tomb. 1168. Definitions, 1168.1. Buying, selling, transporting or bartering for profit of human skeletal remains or associated burial furniture Crime. 1168.2. Certain institutions and museums to consult tribal leaders or certain nation entities before disposition of remains. 1168.3. Display of open burial ground, furniture or skeletal remains for profit or commercial enterprise. 1168.4. Discovery of remains or furniture Reporting and notification procedure. 1168.5. Designation of repository for remains and furniture for scientific purposes. 1168.6. Penalties). Ch. 47A. General and Miscellaneous Provisions. (1171. Peeping Tom. 1172. Obscene, threatening or harassing telephone calls Penalty). Part V Crimes Against Public Health and Safety. Ch. 48. General and Miscellaneous Provisions. (1190. Hazing Prohibition Presumption as forced activity Penalty Definition. 1191. Public nuisance a crime. 1192. Spread of infectious diseases. 1192.1. Engaging in activity with intent or causing another person to be infected with human immunodeficiency virus. 1194. Gas tar, throwing into public water. 1195. Quarantine regulations, violating. 1198. Fires, refusing to aid at or interfering with others’ acts. 1199. Contagious disease, exposing oneself or another with. 1204. Dumping near highway unlawful Establishment of dumping ground by city or town. 1206. Punishment for violations 1207. Operation of boats or water craft while under influence of intoxicating liquor or drugs in careless, wanton or reckless manner Penalty. 1208. Abandonment of refrigerators and iceboxes in places accessible to children Penalty. 1209. Disaster areas Prevention of unauthorized persons from hampering rescue operations. 1210. Definitions. 1211. Following of emergency vehicles unlawful. 1212. Proceeding to or remaining at disaster area unlawful Removal of objects. 1213. Penalties. 1215. Intoxicating beverages Possession by persons under age 21 unlawful. 1216. Penalties. 1217. Firemen Interference with performance of duties Penalty. 1220. Transporting intoxicating or nonintoxicating beverage except in original unopened container prohibited Exceptions Penalty). Ch. 49. Animals and Carcasses. (1221. Contagious diseases among domestic animals. 1222. Disposition of animals dying of contagious or infectious diseases. 1223. Leaving carcass in certain places unlawful. 1224. Violation of sections regarding carcasses a crime). Ch. 50. Tobacco. (1241. Furnishing tobacco products to minors Punishment. 1242. Refusal of minor to disclose place where and person from whom obtained. 1247. Smoking in certain public areas prohibited Punishment). Part VI Crimes Against Public Peace. Ch. 53. Manufacturing, selling and wearing weapons. (1272. Carrying weapons Exceptions. 1272.1. Carrying weapons or firearms into establishments wherein beer and intoxicating liquor are consumed. 1272.2. Penalties. 1273. Selling weapons to minors. 1276. Degree of punishment. 1277. Public buildings and gathers. 1278. Intent of persons carrying weapons. 1279. Pointing weapon at another. 1280. Punishment. 1283. Convicted felons prohibited from carrying firearms Exceptions. 1284. Penalty. 1286. Reckless conduct defined. 1287. Use of firearm or other offensive weapon while committing or attempting to commit a crime Penalties. 1288. Purchases of firearms, ammunition and equipment in contiguous states by Cherokee Nation residents Purchases in Cherokee Nation by residents of contiguous states. 1289.1. Cherokee Nation Firearms Act of 1971. 1289.2. Council findings. 1289.3. “Pistols” defined. 1289.4. “Rifles” defined. 1289.5. “Shotguns” defined. 1289.6. Conditions under which firearms may be carried. 1289.7. Firearm in motor vehicle. 1289.8. Carrying concealed weapon. 1289.9. Carrying or using firearms while under influence of intoxicating liquors or drugs. 1289.10. Furnishing firearms to mentally incompetent or insane persons. 1289.11. Reckless conduct. 1289.12. Selling or transferring of firearms to convicted felons, disturbed persons or persons under influence of alcohol or drugs Displaying notice. 1289.13. Transporting loaded firearm in motor vehicle. 1289.14. Transporting or discharging firearm from boat. 1289.15. Penalties. 1289.16. Pointing firearms. 1289.17. Penalty. 1289.18. Sawed-off shotgun and sawed-off rifle defined Violations Penalties Defense to prosecution. 1289.19. Restricted bullet and body armor defined. 1289.20. Manufacture, importation or advertisement for sale of restricted bullets Penalty. 1289.21. Use or attempted use of restricted bullet Penalty. 1289.22. Exemptions. 1289.23. Off-duty peace officers authorized to carry weapons. 1289.25. Unlawful entry of dwelling Physical or deadly force against intruder Affirmative defense and immunity from civil liability). Ch. 54. Masks and Disguises; Threatening Letters; Unlawful Organizations. (1302. Trespass Masked person demanding admission to premises. 1303. Assaults while masked or disguised. 1304. Letters Mailing threatening or intimidating letters). Ch. 55. Other Crimes Against Public Peace Entry or Intrusion on Real Estate. Entry or Intrusion on Real Estate (1351. Forcible entry and detainer. 1352. Returning to possession after lawful removal). Miscellaneous Provisions. (1361. Disturbing lawful meeting. 1362. Disturbance by loud or unusual noise or abusive, violent, obscene, profane or threatening language. 1363. Use of language calculated to arouse anger or cause breach of peace. 1364. Discharging firearms in public place. 1368. Possession of explosives by convicted felons Penalty. 1377. Projecting object at public event). Part VII Crimes Against Property. Ch. 56. Arson. (1401. Arson in the first degree Punishment. 1402. Arson in the second degree Punishment. 1403. Arson in the third degree Punishment. 1404. Arson in the fourth degree Punishment). Ch. 58. Burglary and House Breaking. (1431. Burglary in first degree. 1435. Burglary in second degree Acts constituting. 1436. Punishment of burglary. 1437. Possession of burglar’s implements. 1438. Entering buildings or structures with certain intent. 1439. Dwelling house defined. 1440. Night time defined. 1441. Burglary with explosives Punishment). Ch. 59. Embezzlement. (1451. Embezzlement defined. 1452. Embezzlement by officer, etc., of corporation, etc. 1453. Embezzlement by carrier or other person. 1454. Embezzlement by trustee. 1455. Embezzlement by bailee. 1456. Embezzlement by clerk or servant. 1457. Distinct taking not necessary. 1458. Evidence of debt subject of embezzlement. 1459. Property taken under claim of title. 1460. Intent to restore no defense. 1461. Mitigation of punishment. 1462. Punishment for embezzlement. 1463. Diversion of nation funds made crime). Ch. 60. Extortion and Blackmail. (1481. Extortion defined. 1482. Threats constituting extortion. 1483. Punishment for extortion. 1484. Extortion under color official right. 1485. Obtaining signature by extortion. 1486. Letters, threatening. 1487. Attempting to extort money. 1488. Blackmail). Ch. 61. False Pretenses, False Personations, Cheats and Frauds. Frauds in General. (1500. Real property loans Securing by false instrument Penalty. 1501. Securing credit fraudulently Penalty. 1503. Defrauding hotels, inns, restaurants, etc. 1510. Destroying evidence of ownership of wrecked property. 1518. Misrepresentation of age by false document. 1519. Penalties. 1520. Provisions as cumulative. 1524. Falsely holding out as notary or performing notarial act Penalty). False Personation. (1531. Marriage by impersonator Becoming bail or surety Execution of instrument Creating liability or benefit. 1532. Receiving money or property intended for individual personated. 1533. Falsely personating officers and others). False Pretenses; Trick or Deception. (1541.1. Obtaining or attempting to obtain property by trick or deception False statements or pretenses Confidence game Penalty. 1541.3. False or bogus checks, drafts, etc. Penalty. 1541.4. False or bogus check or checks defined. 1541.5. Credit defined. 1542. Obtaining property or signature under false pretenses. 1543. Obtaining signature or property for charitable purposes by false pretenses. 1550. Person committing crime in possession or control of firearm with removed, defaced, etc. serial number). Ch. 63. Forgery or Counterfeiting. Forgery in First Degree. (1561. Wills, deeds and certain other instruments, forgery of. 1562. Forgery of public securities). Forgery in Second Degree. (1571. Public and corporate seals, forgery of. 1572. Records, forgery of. 1573. Making false entries in record. 1585. Forging process of court or title to property, etc. 1586. Making false entries in public book. 1593. Falsely obtaining signature). General Provisions. 1621. Punishment for forgery. 1622. Fraudulently uttering one’s signature as that of another of same name. 1623. Fraudulently uttering one’s endorsement as another’s. 1624. Erasure and obliterations. 1625. Writing and written defined. 1627. False or bogus order directing payment of money. 1627.1. False or bogus orders as payment for labor Penalties). Ch. 67. Injuries to Animals. Poisoning cattle. 1682. Instigating fights between animals. 1683. Keeping places for fighting animals. 1685. Cruelty to animals. 1686. Abandoned animals Destroyed how. 1688. Animals in transit. 1689. Poisonous drugs, unjustifiable administration of. 1691. Abandoning of domestic animals along streets or highways or in any public place prohibited. 1692. Penalty). Dogfighting. (1693. Definitions. 1694. Instigating or encouraging dogfight Crime. 1695. Keeping place, equipment or facilities for dogfighting Crime. 1696. Servicing or facilitating dogfight Crime. 1697. Owning, possessing, keeping or training dog for fighting Crime. 1698. Spectators. 1699. Seizure, destruction or forfeiture of dogfighting equipment and facilities. 1699.2. Exemptions). Ch. 68. Larceny. (1701. Larceny defined. 1702. Larceny of lost property. 1703. Degrees of larceny. 1704. Grand and petit larceny defined. 1705. Punishment for grand larceny. 1706. Punishment for petit larceny. 1707. Grand larceny in house or vessel Punishment. 1708. Grand larceny in night time from person Punishment. 1709. Larceny of written instrument Value. 1712. Severed fixture, larceny of. 1713. Receiving stolen property Presumption. 1714. Fraudulent consumption of gas. 1715. Bringing stolen property into the nation. 1716. Larceny of domestic animals. 1717. Dog as personal property. 1718. Larceny of dogs. 1719. Domestic fowls, larceny of Receiving stolen fowls. 1719.1. Larceny of certain fish and game. 1720. Automobile, aircraft or other motor vehicle. 1721. Tapping pipeline. 1722. Taking oil, gas, gasoline or any product thereof When crime. 1723. Larceny from the house. 1730. Act as cumulative Definitions. 1738. Seizure and forfeiture proceedings Vehicles, airplanes, vessels, etc., used in attempt or commission of certain crimes. 1739. Library theft). Ch. 69. Malicious Mischief. (1753. Highways, injuries to. 1753.3. Throwing, dropping, depositing, or otherwise placing litter upon highways, roads, or public property Penalties. 1753.4. Erection of signs and markers along state and federal highways. 1753.5. Erection of signs and markers along county roads. 1753.6. Enforcement. 1753.7. Exceptions. 1753.8. Defacing, stealing or possessing road signs or markers Penalties. 1754. Obstructing highways Punishment Damages. 1757. Telephone and telegraph lines Injuries Removal or obstruction Interception of messages. 1758. Irrigation ditches, canals, water lines or conduits Interference with. 1759. Penalty. 1760. Malicious injury or destruction of property generally Punishment Damages. 1761. Following sections do not restrict Section 1760. 1761.1. Dumping, etc. of trash on public or private property prohibited Penalties. 1761.2. Illegal dumping on tribal land prohibited Penalties. 1762. Mining claims Unlawful to tear down legal notice or deface any record. 1765. House of worship or contents, injuring. 1767.1. Bombs and explosives Foul, poisonous, offensive or injurious substances Telephone threats. 1767.2. Violations of preceding section. 1767.3. Definitions. 1767.4. Tracing of telephone calls Immunity. 1768. Malicious injury to freehold Carrying away earth, soil or stone. 1770. Standing crops, injuring. 1771. Injuring fruit, melons or flowers in the day time. 1772. Injuring fruit, melons or flowers in the night time. 1773. Injuring fruit or ornamental trees. 1774. Removing or altering landmarks. 1775. Piers or dams, interfering with. 1776. Destroying dam. 1777. Piles, removing or injuring. 1778. Train signal light, removing or masking False light or signal. 1779. Injuring written instruments the false making of which would be forgery. 1782. Messages Disclosing contents of. 1784. Works of art or ornamental improvements, injuring. 1785. Works of literature or art in public place, injuring. 1786. Injuries to pipes and wires. 1787. Automobile or motor vehicle, loitering in, injuring or molesting. 1788. Penalty. 1789. Caves or caverns, injuring. 1790. Penalties). Ch. 70. Other Offenses Against Property Rights. (1835. Trespass on posted property after being forbidden or without permissions Exemptions Penalty Entry into pecan grove without consent. 1835.1. Entry or presence upon premises of place of business of persons convicted of certain crimes). Serial Number on Farm Machinery. (1841. Destruction, removal, altering, covering or defacing. 1842. Exception to application of act. 1843. Violations Punishment). Reporting of Fires. (1851. False reporting. 1852. Posting of act. 1853. Penalty). Telephone Solicitation. (1861. Information to be furnished by solicitor Calls exempt Penalties). Electronic Solicitation. (1862. Commercial solicitation by facsimile device Definitions. 1863. Commercial solicitation by facsimile device Penalties). Computer Crimes Act. (1951. Short title. 1952. Definitions. 1953. Prohibited acts. 1954. Certain acts as prima facie evidence of violation of act. 1955. Penalties Civil actions. 1957. Access of computer, computer system or computer network in one jurisdiction from another jurisdiction Bringing of action. 1958. Access to computers, computer systems and computer networks prohibited for certain purposes Penalty). (204 pgs).
Title 22. Criminal Procedure Ch. 1. General Provisions. (1. Title of code. 2. Information necessary, except when. 3. Code not retroactive. 4. Construction of words. 5. Writing includes printing. 6. Oath includes affirmation 7. Signature includes what. 8. Application of statutes. 9. Common law prevails, when. 10. Criminal action defined. 11. Prosecution is by nation against person charged. 12. Party defendant. 13. Right to speedy trial, counsel and witnesses. 14. Former jeopardy. 15. Testimony against one’s self Restraint during trial and prior to conviction 16. Jury trial Exceptions. 17. Custody and distribution of proceeds from sale of rights arising from criminal act. 18. Expungement of records Persons authorized). Ch. 2. Prevention of Public Offenses. General Provisions. (31. Who may resist. 32. Resistance by party to be injured. 33. Resistance by other person. 34. Intervention by officers. 35. Persons assisting officers. 36. Civil and criminal immunity for private citizens aiding police officers. 36.1. Police dog handlers Civil liability. 37.1. Off-duty law enforcement officers Powers and duties Liability. 39. Benefits for citizens who aid). Victim of Rape, Forcible Sodomy, or Domestic Abuse. (40 Definitions. 40.1. Victim of rape or forcible sodomy Notice of rights. 40.2. Victim of domestic abuse Notice of rights. 40.3. Victims not to be discouraged from pressing charges Warrantless arrest of certain persons. 40.5. Short title. 40.6. Record of reported incidents of domestic abuse Reports). Protection from Domestic Abuse Act. (60. Short title. 60.1. Definitions. 60.2. Protective order Petition: form, filing fee, preparation. 60. 3. Emergency ex parte order Hearing. 60.4. Service of process Ex parte orders Hearing Protective orders Period of relief. 60.5. Copies of ex parte or final protective orders to be sent to appropriate law enforcement agencies. 60.6. Violation of ex parte or final protective order Penalty. 60.7. Statewide validity of orders). Police Resistance to Execution of Process. (93. Refusal to assist officer a misdemeanor). Ch. 3. Jurisdiction and Commitment. Jurisdiction and Venue. (121. Offense commenced outside and consummated with the nation. 126. Kidnapping, enticing away children and similar offenses, jurisdiction. 129. Accessory, jurisdiction in case of. 130. Conviction or acquittal outside nation a bar. 133. Stealing property in another jurisdiction Receiving such stolen property. 134. Murder or manslaughter, jurisdiction in certain cases. 135. Principal not present, jurisdiction). Limitations. (151. No limitation of prosecution for murder. 152. Limitations in general. 153. Absence from nation, limitation does not run). Magistrates. (161. Magistrate defined. 162. Who are magistrates). Arrest and Taking Before Magistrate. (171. Complaint Issuance of warrant of arrest. 172. Form of warrant). Warrants and Taking Before Magistrate. (173. Requisites of warrant. 174. Warrant directed to whom. 178. Proceedings when bail is taken. 179. When bail is not given. 180. Magistrate absent Taking defendant before another. 181. Delay in taking before magistrate not permitted. 186. Arrest defined. 187. Arrest made by whom. 188. Aid to officer. 189. Arrest, when made. 190. Arrest, how made. 191. Restraint which is permissible. 192. Officer must show warrant. 193. Resistance, means to overcome. 194. Officer may break open door or window, when. 195. Officer’s breaking door or window to liberate himself or another arrest. 196. Arrest without warrant by officer. 197. Arrest without warrant, breaking door or window. 198. Nighttime, arrest of suspected criminal. 199. Authority must be stated on arrest without warrant, when. 200. Arrest by bystander Officer may take defendant before magistrate. 201. Offense committed in presence of magistrate. 202. Arrest by private person. 203. Private person must inform person of cause of arrest. 204. Private person may break door or window. 205. Private person making arrest must take defendant to magistrate or officer. 206. Disarming person arrested. 207. Pursuit and arrest of escaped prisoner. 208. Breaking door or window to arrest person escaping. 209. Citation to appear Issuance Summons Failure to appear. 221. Fresh pursuit. 222. Exception. 231. Crimes Warrant for arrest Complaint submitted to prosecuting attorney Cost bond. 232. Form of cost bond. 233. Judgment on bond). Examination and Commitment. (251. Magistrate must inform defendant of charge and rights. 252. Defendant allowed counsel Messages to counsel Change of venue. 270. Witnesses to give undertaking. 271. Sureties may be required for witness. 273. Witness not giving undertaking committed, when. 274. Subsequent security may be demanded Arrest of witness. 275. Arrested witness may be confined. 277. Deaf-mute charged with commission of offense Right to interpreter. 278. Arrest of deaf-mute Interpreter Evidence. 279. Qualified interpreter. 280. Per diem and mileage). Ch. 4. Proceedings After Commitment. General Provisions. (301. Manner of prosecution of offenses. 303. Subscription, endorsement and verification of information Excusing endorsement. 304. Information may be amended. 387. Forms and rules of pleading. 388. Information is first pleading). Requisites and Sufficiency of Indictment or Information. (401. Requisites of information. 402. Information must be certain and direct. 403. Designation of defendant by fictitious name. 404. Single offense to be charged Different counts. 405. Allegation of time. 406. Misdescription of person injured or intended to be injured. 407. Words, how construed. 408. Statute not strictly pursued. 409. Information, when sufficient. 410. Immaterial informalities to be disregarded. 411. Matters which need not be stated. 412. Pleading a judgment. 413. Pleading private statute). Indictments and Informations for Particular Offenses. (421. Arson Omission or error in designating owner or occupant. 423. Forgery, misdescription of forged instrument immaterial, when. 424. Perjury, information for. 425. Larceny or embezzlement, information for. 426. Obscene literature, information for handling). Parties Prosecuted. (431. Several defendants. 432. Accessories and principals in crime. 433. Accessory tried independently of principal. 434. Compounding a crime Separate prosecution). Joinder of Offenses and of Defendants. (436. Charging of two or more defendants in same information Counts. 437. Singular to include the plural. 438. Trial of two or more informations. 439. Relief from prejudicial joinder). Ch. 7. Proceedings Before Trial. Arraignment and Appearance. (451. Arraignment. 452. Defendant must appear personally, when. 453. Officer to bring defendant before court. 454. Bench warrant to issue, when. 455. Bench warrant may issue. 456. Bench warrant, form of, in case of felony. 457. Bench warrant in case. 458. Court to fix amount of bail Endorsement. 459. Defendant held when offense not bailable. 464. Counsel before trial Compensation Expert witnesses. 465. Arraignment made, how, 466. Name of defendant. 466A. Tribe of defendant. 467. Proceedings when defendant gives not other name. 468. Proceedings where another name given). Pleadings and Motions. (491. Time to answer information. 492. Pleading to information. 493. Information set aside, when. 494. Hearing on motion to set aside information. 495. Witnesses on hearing to set aside information. 496. Objection to information waived, when. 497. Motion to set aside information heard, when. 498. Defendant to answer information, when. 499. Motion sustained Defendant discharged, or bail exonerated, when. 500. Resubmission of case Bail. 501. Setting aside information not a bar. 502. Defendant’s pleadings. 503. Defendant to plead in open court. 504. Demurrer to information. 505. Demurrer to information, requisites of. 506. Hearing on demurrer. 507. Ruling on demurrer. 508. Demurrer sustained, effect of. 509. Demurrer sustained Defendant discharged or bail exonerated, when. 510. Proceedings if case resubmitted. 511. Demurrer overruled, defendant to plead. 512. Certain objections, how taken. 513. Pleas to indictment or information. 514. Pleas to be oral Entry. 515. Form of plea. 516. Plea of guilty. 517. Plea of guilty may be withdrawn. 518. Plea of not guilty, issues on. 519. Plea of not guilty, evidence under. 520. Acquittal, what does not constitute. 521. Acquittal, what constitutes. 522. Former acquittal or conviction as bar. 523. Refusal to plead). Miscellaneous Provisions. (581. Issue of fact arises, when. 582. Issue of fact, how tried. 583. Defendant must be present, when. 584. Postponement for cause. 585. Postponement for investigation of claimed alibi). Ch. 8. Jury Formation. General Provisions. (591. Same jurors in both civil and criminal actions. 592. Trial jury How formed. 593. Clerk to prepare and deposit ballots. 594. Names of panel called, when Attachment for absent jurors. 595. Manner of drawing jury from box. 596. Disposition of ballots. 597. Disposition of ballots After jury discharged. 598. Disposition of ballot When juror is absent or excused. 599. Jurors summoned to complete jury Treated as original panel. 600. Drawing the jury. 601. Number of jurors Oaths Fines not exceeding Two Hundred Dollars. 601A. Alternate jurors Challenges Oath or affirmation Attendance upon trial. 601B. Protracted deliberations Sequestration of alternate jurors. 602. Affirmation). Challenges Generally. (621. Challenges classed. 622. Several defendants Challenges). Challenges to Panel. (631. Panel defined. 632. Challenge to panel. 633. Challenge to panel, causes for. 634. When taken Form and requisites. 635. Issue on the challenge Trying sufficiency. 636. Challenge and exception may be amended or withdrawn. 637. Denial of challenge Trial of fact questions. 638. Trial of challenge. 639. Bias of officer, challenge for. 640. Procedure after decision of challenge). Challenges to Individual Jurors. (651. Defendant to be informed of right to challenge. 652. Classes of challenge to individual. 653. When challenge taken. 654. Peremptory challenge defined. 655. Peremptory challenges Number allowed. 656. Challenge for cause. 657. Challenges for cause classified. 658. Causes for challenge, in general. 659. Particular causes Implied bias Actual bias. 660. Implied bias, challenge for. 661. Right of exemption from service not cause for challenge. 662. Cause for challenge must be stated Form and entry of challenge Juror not disqualified for having formed opinion, when. 663. Trial of challenges. 664. Trial of challenge Examining jurors. 666. Other witnesses. 667. Ruling on challenge). Order of Taking Challenges. (691. Challenged to individual jurors. 692. Order of challenges for cause. 693. Peremptory challenges). Ch. 9. Witnesses. (701. Defendant a competent witness Comment on failure to testify Presumptions. 702. Civil rules of evidence applicable to criminal cases Husband or wife as witness. 703. Subpoena defined. 704. Magistrate may issue subpoena. 706. Issuing subpoenas for trial. 707. Defendant’s subpoenas. 708. Form of subpoena). In the Name of the Cherokee Nation. (709. Continuances, witnesses must take notice of. 710. Subpoena duces tecum. 711. Service of subpoena by whom Return. 712. Service, manner of. 715. Witness residing out of county. 716. Disobedience to subpoena. 717. Disobeying defendant’s subpoena Forfeiture. 718. Witnesses Fees and mileage. 719. Persons held as material witnesses to be informed of constitutional rights Fees). Ch. 10. Evidence and Depositions. Evidence Generally. (741. Overt act in conspiracy. 742. Accomplice, testimony of. 743. False pretenses, evidence of. 744. Seduction, corroboration of prosecutrix. 745. Murder, burden of proof in mitigation of. 746. Bigamy, proof on trial for. 748. Perjury in court, evidence as to. 749. Sworn statements taken by prosecuting attorney or peace officer of persons having knowledge of criminal offense Use. 750. Rape prosecutions Evidence of complaining witness’ previous sexual conduct inadmissible Exception. 751. Admission of findings state Bureau of Investigation laboratory Controlled dangerous substances Release by court order. 752. Admissibility of recorded statement of child 12 years of age or younger. 753. Taking testimony of child age 12 or under in room other than courtroom Recording). Depositions. (761. Examination of witnesses conditionally for defendant. 762. Conditional examinations in certain cases. 763. Affidavit on application for conditional examination. 764. Application made to court or judge Notice. 765. Order for examination. 766. Examination before magistrate. 767. When examination shall not proceed. 768. Attendance of witness enforced, how. 769. Taking and authentication of testimony. 770. Deposition read in evidence, when Objections to questions therein. 771. Prisoner, deposition of Oath). Ch. 11. Dismissal of Prosecution. (811. Discharge when no indictment found. 812. Next term, dismissal when not brought to trial at. 813. Continuance when Release of defendant. 814. Effect of dismissing action. 815. Dismissal by court or on prosecuting attorney-s application. 816. Nolle prosequi abolished. 817. Dismissal not to bar to another prosecution). Ch. 12. Trial. (831. Order of trial proceedings. 832. Court to decide the law. 834. Jury limited to questions of fact. 836. Defendant presumed innocent Reasonable doubt of guilt requires acquittal. 837. Doubt as to degree of guilt. 839. Discharge of defendant that he may testify for nation. 840. Discharge of defendant that he may testify for codefendant. 841. Higher offense than charged, existence of Jury discharged. 842. Discharge of jury not a former acquittal. 843. Trial on original indictment, when. 844. Jury may be discharged, when. 845. Disposition of prisoner on discharge of jury. 849. Duty of court where no offense charged. 850. Court may advise jury to acquit. 852. Juror must declare knowledge of case. 853. Custody and conduct of jury before submission Separation Sworn officer. 854. Court must admonish jury as to conduct. 855. Sickness or death of juror New juror sworn. 856. Requisites of charge of court Presentation of written charge Request to charge Endorsement of disposition on charge presented Partial refusal. 857. Jury after the charge Decision in court Retirement for deliberation Custody of officer Conduct of jury Return into court. 858. Defendant admitted to bail may be committed during trial. 859. Substitute for prosecuting attorney failing or unable to attend trial or disqualified. 861. Formal exceptions to rulings or orders unnecessary). Ch. 13. Jury Deliberations and Conduct. (891. Jury room Expenses of providing. 893. Jury may have written instructions, forms of verdict and documents in jury room Copies of public or private documents. 894. Jury brought into court for information Presence of, or notice to, parties. 895. Illness of juror after retirement Accident or cause preventing keeping together Discharge. 896. Discharge after agreement on verdict or showing of inability to agree. 897. Retrial after discharge at same or other term. 898. Court during jury’s retirement Sealed verdicts Final adjournment for term discharges jury). Ch. 14. Verdict. (911. Return of jury into court upon agreement Discharge on failure of some jurors to appear. 912. Presence of defendant required in criminal cases when verdict received. 913. Proceedings when jury appear. 914. Form of verdict. 915. Degree of crime must be found. 916. Included offense or attempt may be found. 917. Several defendants Verdict as to part Retrial as to defendants not agreed on. 918. Jury may reconsider verdict of conviction for mistake of law Return of same verdict. 919. Informal verdict to be reconsidered. 920. Judgment when jury persist in informal verdict. 921. Polling jury. 922. Recording and reading verdict Disagreement of jurors entered upon minutes Discharge if no disagreement. 923. Defendant discharge on acquittal Variance resulting in acquittal may authorize new charges. 924. Commitment upon conviction. 925. Claim of insanity. 926. Punishment, jury may assess, when. 927. Punishment, court to assess, when. 928. Excess punishment to be disregarded. 929. Remand for vacation of sentence New sentencing proceeding Construction of section). Ch. 15. New Trial Arrest of Judgment. (951. New trial defined Proceedings on new trial Former verdict no bar. 952. Grounds for new trial Affidavits and testimony. 953. Time for applying for new trial Limitations. 954. Motion in arrest of judgment Definition Grounds Time for. 955. Court may arrest on its own motion Effect of allowing motion. 956. Proceedings after motion for arrest of judgment sustained). Ch 16. Judgment and Execution. General Provisions. (961. Court appoints time for pronouncing judgment. 962. Time for pronouncing verdict specified. 964. Officer may be directed to produce prisoner. 965. Warrant for defendant not appearing Forfeiture of bond or bail money. 966. Clerk to issue bench warrant Several counties. 967. Form of bench warrant. 968. Service of bench warrant, mode of. 969. Defendant to be arrested. 970. Defendant informed of proceedings. 971. Defendant may show cause against judgment Grounds Proceedings. 972. Rendition of judgment where cause against it not shown. 973. Court may hear further evidence, when. 974. Testimony How presented Deposition of sick or infirm witness. 975. Other evidence in aggravation or mitigation of punishment prohibited. 976. Sentencing for multiple offenses Concurrent sentences. 977. Entry of judgment Papers filed by the clerk Record. 978. Certified copy of judgment furnished to officer Officer authorized to execute judgment. 979. Execution of judgment by marshal or sheriff in certain cases Delivery to proper officer in other cases. 979A. Payment of penal institution costs by inmate. 981. Authority of officer while conveying prisoner Assistance of citizens Penalty for refusing assistance. 982. Presentence investigation. 983. Imprisonment or recommendation of suspension of driving privileges for failure to pay fines or costs Persons unable to pay Hearing Installments). Suspension of Judgment and Sentence. (991A. Sentence Powers of court County community service sentencing programs. 991A-2. Nonviolent Criminal Night or weekend incarceration. 991A-3. Restitution to buyer of property unlawfully obtained. 991A-4. Community Service Sentencing Program Eligible offenders Presentence investigation Recommendation and imposition of sentence Earned credits Notice of completion Immunity from tort liability). Elderly and Incapacitated Victim’s Protection Program. (991A-5. Short title. 991A-6. Purpose. 991A-7. Definitions. 991A-8. Offenses to which act applies. 991A-9. Enhancement of sentence. 991A10. Restitution to victim Determinations by court. 991A-11. Seizure of property Forfeiture for sale Notice of proceedings Answer and claim to property Hearing Proof of claim Sale under judgment Distribution of proceeds. 991B. Revocation in whole or in part of suspended sentence Hearing Review. 991C. Deferred judgment procedure. 991D. Probation fee Parole fee. 991F. Definitions. 994. Suspension of judgment and sentence after appeal). Ch. 18. Appeals. (1051. Right of appeal Review Corrective jurisdiction Procedure Scope of review on certiorari. 1052. How governed. 1053. Cherokee Nation may appeal in what cases. 1053.1. Automatic appeal of judgments holding statutes unconstitutional in criminal actions. 1054. Time for taking appeal Transcript Notification of nonfiling of case made or transcript. 1054.1. Perfecting appeal without filing motion for new trial. 1056. Appeal by nation not to suspend judgment. 1058. Conditions of bond Surrender by sureties Stay of execution Confinement of defendant when crime not bailable. 1062. Exceptions. 1065. Defendants may appeal jointly or severally. 1066. Power of appellate court Return by clerk of lower court when new trial granted. 1067. Order when no offense committed When indictment defective. 1069. Appeal not dismissed for informality. 1070. Judgment to be executed on affirmance. 1071. Opinions to be recorded. 1072. Record and enforcement of mandate or order in lower court Return by clerk of lower court to Clerk of Judicial Appeals Tribunal. 1076. Notice to defendant of his right to appeal Stay of execution of judgment. 1077. Bail allowable. 1078. Amount of bond Time to make appeal bond Stay pending appeal Additional bond. 1079. Denial of bail Review by habeas corpus). Ch. 19. Bail. (1101. Offenses bailable Who may take bail. 1104. Qualifications of bail Justification. 1105. Defendant discharged on giving bail. 1106. Deposit for bail. 1107. Arrest of defendant by bail Commitment of defendant and exoneration of bail. 1108. Forfeiture of bail. 1109. Additional security may be required. 1110. Jumping bail Penalties). Bail Bond Procedure Act. (1115. Short title Application. 1115.1. Release on personal recognizance Arraignment Plea Failure to plead or appear. 1115.2. Posting bail after release on personal recognizance for traffic violation Failure to appear Person ineligible for release on personal recognizance Juveniles. 1115.3. Pre-set Bail. 1115.4. Dishonored check Bench warrant and arrest of issuer). Ch. 20. Fugitives from Justice. (1141. Extradition). Ch. 21. Habeas Corpus. (1151. Habeas Corpus for person to testify or be surrendered on bail). Ch. 22. Insanity of Accused. (1161. Acts of insane person not punishable Acquittal on ground of insanity Discharge procedure. 1162. Jury to try sanity. 1163. Sanity hearing Criminal trial to be suspended. 1164. Order of trial of sanity. 1165. Rules governing sanity trial. 1166. Sanity hearing Trial or judgment to proceed if defendant sane. 1167. Finding of insanity Suspension of trial or judgment Commitment to nation hospital. 1168. Commitment in sanity hearing exonerates bail. 1169. Restoration to sanity. 1175.1. Definitions. 1175.2. Application for determination of competency Service Notice Suspension of criminal proceedings. 1175.3. Hearing Date Evidence Orders Examination of accused Instructions to physician. 1175.4. Post-examination competency hearing Evidence Presumptions Jury trial Presence of accused Witnesses Instructions. 1175.5. Questions to be answered in determining competency. 1175.6. Disposition orders. 1175.7. Persons incompetent but capable of achieving competency within reasonable time Treatment order Medical supervisor Commitment Private treatment. 1175.8. Resumption of competency. 1176. Raising issue of mental illness or insanity at time of offense). Ch. 24. Searches and Seizures. General Provisions. (1221. Search warrant defined. 1222. Grounds for issuance of search warrant Seizure of property. 1223. Probable cause must be shown. 1223.1. Electronically recorded oral statement Transcription. 1224.1. Oral testimony supplemental to affidavit. 1224.2. Filing and indexing of documents. 1225. Requisites of search warrants Issuing magistrate. 1226. Form of search warrant. 1227. Service of search warrant. 1228. Execution of search warrant. 1229. Execution of search warrant Liberating person detained. 1230. Search warrant may be served, when. 1231. Search warrant void after ten days. 1232. Disposition of property recovered. 1233. Return of search warrant. 1234. Inventory to be furnished, when. 1235. Hearing on issuance of warrant. 1236. Testimony on hearing for warrant. 1237. Restoration of property to person searched. 1238. Papers returned to district court. 1239. Procuring search warrant without cause. 1240. Officer exceeding his authority. 1241. Search of defendant for weapons or evidence). Liquors and Gambling Paraphernalia. (1261. Seized property Report and disposition). Ch. 25. Miscellaneous Provisions. In General. (1271. Compensation of counsel assigned defendant Exception in certain counties. 1272. Affidavits or depositions need not be entitled. 1273. Informalities or errors not fatal if not prejudicial. 1275. Clerk to keep record of indictments, informations and bonds. 1276. Record of informations and bonds not public. 1278. Interpreters for deaf mutes Appointment Oath Compensation). Criminal Proceedings Against Corporations. (1301. Information against corporation Summons. 1302. Form of summons. 1303. Service of summons. 1307. Appearance and plea by corporation. 1308. Conviction of corporation Fine collected, how). Stolen Property and Property Taken From Defendant. (1321. Custody and return of stolen or embezzled property. 1322. Stolen property Magistrate to order delivery, when. 1323. Magistrate to deliver stolen property, when. 1324. Trial court may deliver stolen property. 1325. Unclaimed property or money in sheriff’s possession Disposition Procedure. 1326. Receipts for property taken from defendant. 1327. Disposition of exhibits. 1333. Clerk’s fees). Rewards. (1334. Dumping, etc. of trash on public or private property Evidence Rewards). Shoplifting. (1341. Definitions. 1342. Peace officers Arrest without warrant. 1343. Detention of suspect Purposes. 1344. Concealing unpurchased merchandise Presumption). (142 pgs).
Title 23. Damages [Reserved] (1 pg).
Title 24. Debtor and Creditor Ch. 1. Use of Property to Secure Debts of Spouse. (1. Use of property to secure debts of spouse). (2 pgs).
Title 25. Definitions and General Provisions Ch. 1. General Provisions. (1. Citation of Code. 2. Construction of statutes generally. 3. Construction of definitions. 4. Computation of time. 5. Severability. 6. General repeal. 7. Codification of laws. 8. Code Commission Establishment Composition Compensation of members Meetings. 9. Same Powers and duties generally. 10. Same Review of bills and resolutions). Ch. 2. Laws and Resolutions. (21. Definition and style of laws. 22. Recording of votes on laws. 23. Effective date of laws. 24. Form and effect of emergency clauses. 25. Publication of laws. 26. Indexing and maintenance of laws Availability for public inspection. 27. Definition and style of resolutions. 28. Indexing and maintenance of resolutions Availability for public inspection). (10 pgs).
Title 26. Elections Ch. 1. General Provisions. (1. Purpose and severability of provisions. 2. Authority. 3. Tenure of elected officials. 4. Representation by district. 5. Voting by district). Ch. 2. Supervisory Bodies. (11. Tribal Election Commission. 12. Tribal Election Precinct Boards). Ch. 3. Qualifications and Registration of Voters. (21. Eligibility to vote generally. 22. Registration of voters. 23. Preparation of list of qualified voters Obtaining of list by candidates for elective office Duplication of list). Ch. 4. Qualifications of and Filing by Candidates. (31. Qualifications of candidates for elective office Generally. 32. Same Principal Chief. 33. Same Deputy Principal Chief. 34. Same Tribal Council. 35. Filing fees generally. 36. Deadline for filing of candidacy Withdrawal of candidacy Refund of filing fee Disqualification of a candidate for misconduct and penalty for misconduct. 37. Residency requirements. 38. Establishment of residency). Ch. 5. Conduct of Elections. Article 1. General Provisions (41. Official election dates. 42. Special elections. 43. Electioneering). Article 2. Voting Generally. (51. Voting places and hours Notice. 52. Manner of voting generally. 53. Voting by persons with physical disabilities or language barriers. 54. Watchers). Article 3. Absentee Voting. (61. Allowance of absentee voting. 62. Requests for absentee ballots generally. 63. Time for filing of requests for absentee ballots Furnishing of ballots generally. 64. Procedure upon rejection of application for absentee ballot. 65. Transmittal of ballots to voters generally Preparation of record of ballots used. 66. Material to accompany ballots generally. 67. Furnishing of instructions for voting. 68. Form of absentee ballots. 69. Return of ballots. 70. Handling of returned absentee ballots generally. 71. Handling of ballots spoiled in part or in whole. 72. Absentee voting in person. 73. Furnishing to polling places of list of voters requesting absentee ballots. 74. Crediting of absentee voters. 75. Counting of absentee ballots Selection of counters. 76. Same Absentee ballot counting procedure. 77. Retention of materials. 78. Absentee watchers). Article 4. Count and Return of Votes Recounts and Runoffs. (81. Counting of ballots certification of results Preparation of consolidated return of election results Disposition of ballots. 82. Recounts. 83. Runoffs). Article 5. Challenges to Election Results. (91. Procedure for election contests generally. 92. Proceedings on petitions alleging fraud. 93. Proceedings on petitions alleging irregularities other than fraud. 94. Proceeding where determination of contest impossible. 95. Emergency declared). (26 pgs).
Title 27. Eminent Domain [Reserved] (2 pgs).
Title 28. Ethics Ch. 1. Ethics. (1. Title. 2. Purpose. 3. Definitions. 4. Code of ethical standards. 5. Review). (4 pgs).
Title 29. Game and Fish [Reserved] (1 pg).
Title 30. Guardian and Ward [Reserved] (1 pg).
Title 31. Heritage Ch. 1. General Provisions. (1. Application and purpose. 2. Establishment of the official language. 3. Language maintenance. 4. Education. 5. Employment). (4 pgs).
Title 32. Housing [Reserved] (1 pg).
Title 33. Inebriates [Reserved] (1 pg).
Title 34. Initiative and Referendum [Reserved] (1 pg).
Title 35. Insane and Feeble Minded Persons [Reserved] (1 pg).
Title 36. Insurance [Reserved] (2 pgs).
Title 37. Intoxicating Liquors Ch. 1. General Provisions. (1. Possession of open container of intoxicating or alcoholic beverage. 2. Second and subsequent alcohol related offenses. 8. Consuming or inhaling intoxicants in public places Penalties). Ch. 2. Nonintoxicating beverages. (246. Persons under 21 years of age prohibited from consuming nonintoxicating beverage in public place and from entering or remaining in bar area). (4 pgs).
Title 38. Jurors Ch. 1. General Provisions. (1. Limitations on who may serve on jury. 2. Inability of jury to reach verdict). (2 pgs).
Title 39. Justices [Reserved] (2 pgs).
Title 40. Labor Ch. 1. General Provisions. (1. Title. 2. Purpose. 3. Definitions). Ch. 2. Employment Rights Committee. (11. Establishment of Employment Rights Committee. 12. Duties generally. 3. Powers generally. 14. Adoption of rules, regulations, policies and guidelines. 15. Funds). Ch. 3. Employment Rights, Requirements and Programs Generally. (21. Indian preference requirements generally. 22. Preference in contracting and subcontracting. 23. Preference in promotions. 24. Preference in employment of students. 25. Establishment and review of numerical goals for Indian employment generally. 26. Participation in training programs by employers. 27. Use of job qualification criteria and personnel requirements by employers. 28. Implementation of layoffs and reductions in force by employers. 29. Duties of contractors and subcontractors Liability of employers for violations of chapter by contractors and subcontractors. 30. Establishment and administration by commission of job bank Recruitment and hiring of personnel by employers. 31. Establishment by TERO staff of counseling and other support programs Cooperation with committee by employers. 32. Burden of proof as to compliance with requirements of chapter). Ch. 4. Union Collective Bargaining Agreements. (41. Duties of unions generally. 42. Contents of union agreements. 43. Model union agreement. 44. Recognition of unions or endorsement of union activities. 45. Burden of proof as to compliance with requirements of chapter). Ch. 5. Complaints and Hearings. (51. Filing of complaints by committee and proceedings thereon generally. 52. Filing of complaints by Indians and proceedings thereon generally Penalties for retaliatory actions by employers against employees filing complaints. 53. Filing of complaints by employers or unions and proceedings thereon generally. 54. Notice of hearings. 55. Conduct of hearings Decision of matter by committee Notification of parties of decision of committee staff). Ch. 6. Enforcement and Remedies. (61. Penalties for violations of chapter and rules, regulations or orders of the committee. 62. Appeals from decisions of committee. 63. Notification of prospective and current employers of obligations imposed by chapter and rules, regulations and orders of committee. 64. Consultation with committee by new employers as to obligations under chapter. 65. Filing of reports and other information by employers Conduct of on-site inspections and investigations by committee Inspection and copying of record by committee). (18 pgs).
Title 41. Landlord and Tenant Ch. 1. General Purpose. (1. Title. 2. Purpose. 3. Legislative history. 4. Definitions). Ch. 2. Residential Landlord and Tenant Act. (100. Title. 101. Definitions. 102. Rights, obligations and remedies Enforcement. 103. Application of the act. 105. Mitigation of damages. 106. Settlement of claim. 107. Good faith performance or enforcement. 108. Beneficial owner to maintain premises. 109. Rent. 110. Term of tenancy. 111. Termination of tenancy. 112. Duties of parties upon termination of tenancy. 113. Rental agreements. 113.1. Denial or termination of tenancy because of guide, signal or service dog. 115. Damage or security deposits. 116. Person to accept service or notice Identity of owner and manager Failure to comply with section. 117. Commencement of tenancy Delivery of possession Wrongful possession. 118. Duties of landlord and tenant. 119. Conveyance of property Attornment of tenant. 120. Failure of landlord to deliver possession of dwelling unit to tenant. 121. Landlord’s breach of rental agreement Deductions from rent for repairs Failure to supply heat, water or other essential services Habitability of dwelling unit. 122. Damage to or destruction of dwelling unit Rights and duties of tenant. 123. Wrongful removal or exclusion from dwelling unit. 124. Unlawful entry or lawful entry in unreasonable manner Harassment of tenant Damages. 125. Defective condition of premises Report to landlord. 126. Tenant’s use and occupancy of premises Rules and regulations. 127. Duties of tenant. 128. Consent of tenant for landlord to enter dwelling unit Emergency entry Abuse of right of entry Notice Abandoned premises Refusal of consent. 129. Tenant’s breach of rental agreement Wrongful abandonment. 130. Abandoning, surrendering or eviction from possession of dwelling unit Disposition of personal property. 131. Delinquent rent. 133. Lien on tenant’s property. 134. Procedure for enforcement of lien. 135. Construction of act. 140. Federal rules and regulations affecting Indian Housing programs shall take precedent over this act. 141. Claims brought under the Non-Residential Landlord and Tenant Act and Residential Landlord and Tenant Act shall be brought under the provisions of the Landlord and Tenant and Procedure Act. 142. Termination of Mutual Help Occupancy Agreement. 143. Rules of evidence). Ch. 3. Non-Residential Landlord and Tenant Act. (201-1. Application of the Non-Residential Landlord and Tenant Act. 201. Who deemed tenant at will. 202. Tenant holding over as tenant at will Expiration of unwritten contract. 203.Tenant hold from one period to another, when. 204. Time of notice to terminate tenancy. 205. Termination of tenancy from year to year. 206. Notice to quit where rent not paid. 207. Notice when rent not paid under tenancy for less than three months. 208. Notice to quit not required, when. 209. Service of notice Termination of tenancy. 210. Tenant may not assign, when. 211. Landlord may reenter after unauthorized assignment. 212. Attornment unnecessary to conveyance. 213. Attornment to stranger void. 214. Rights of sublessee. 215. Rights of alienees of lessors and lessees. 216. Rents from life grants. 217. Recovery of arrears of rent from life grants after death. 218. Rights and liabilities of executors and administrators. 219. Occupants without contract liable for rent. 220. Contribution by joint tenants. 221. Joint tenant may recover his share of rents. 222. Recovery for waste or trespass by remainderman. 223. Farm rent lien on crop. 224. Crop rent. 225. Removal of crops to defraud landlord. 226. Purchaser of crop with notice liable for rent. 227. Landlord may have attachment, when. 228. Attachment for rent lien on crops. 230. Taxation of improvements. 233. Lease presumed to be for one year. 235. Continued possession renews the lease, when. 236. Renewal of lease presumed unless notice of termination given. 237. Rent payable, when. 238. Duty of tenant in case of proceedings. 251. Abandonment or surrender of nonresidential rental property Definitions. 252. Abandonment or surrender of nonresidential rental property Dispositions of personal property of tenant Notice Storage costs Liability of landlord Application of proceeds of sale. 253. Claims brought under the Non-Residential Landlord and Tenant Act shall be brought under the Landlord and Tenant Procedure Act. 254. Application of the act). Ch. 4. Landlord and Tenant Procedures Act. (1751. Suits authorized under landlord and tenant procedure. 1753. Affidavit Form Filing. 1754. Preparation of affidavit Copies. 1755. Service of affidavit and order upon defendant. 1756. Date for appearance of defendant. 1758. Counterclaim or setoff by verified answer. 1760. Depositions Interrogatories. 1761. Trial by court Request for reporter or jury Evidence Informality. 1762. Trial by court Request for reporter or jury Evidence Informality. 1763. Appeals. 1764. Fees. 1772. Judgments. 1773. Dismissal of action Failure to file pleadings or serve process. 1774. Forcible entry and detention. 1775. Powers of court. 1776. Extent of jurisdiction. 1777. Issuance and return of summons. 1778. Service of summons. 1779. Constructive service of summons. 1780. Answer or affidavit by defendant. 1781. Trial by court. 1782. Writ of execution Form. 1783. Stay of execution by posting supersedes bond. 1784. Provisions as cumulative. 1785. Repealing conflicting law. 1786. Severability). (48 pgs).
Title 42. Language [Reserved] (2 pgs).
Title 43. Marriage and Family Ch. 1. General Provisions. (1. Marriage as a civil contract Consent of parties. 2. Who may be married. 3. Who may not be married. 4. Who may perform marriages. 5. Form of marriage. 6. Report. 7. Violation of preceding section. 8. Prohibited marriages declared void. 9. Common law marriage). Ch. 5. Child Support and Enforcement. (527. Violations Defenses). (4 pgs).
Title 44. Mental Health [Reserved] (1 pg).
Title 45. Mines and Mining [Reserved] (1 pg).
Title 46. Mortgages [Reserved] (2 pgs).
Title 47. Motor Vehicles Title 1. Highway Safety Code. Ch. 1. Words and Phrases Defined. (1-101. Definitions of words and phrases. 1-101.1. Ancient vehicle. 1-102. Arterial street. 1-103. Authorized emergency vehicles Equipment. 1-103.1. Automobile. 1-104. Bicycle. 1-105. Bus. 1-106. Business district. 1-107. Cancellation of driver’s license. 1-107.1. Class A commercial motor vehicle. 1-107.2. Class B commercial motor vehicle. 1-107.3. Class C commercial motor vehicle. 1-107.4. Class D motor vehicle. 1-108. Commercial chauffeur and chauffeur. 1-109. Commissioner. 1-110. Controlled-access highway. 1-111. Crosswalk. 1-112. Dealer. 1-113. Department. 1-114. Driver. 1-115. Essential parts. 1-116. Established place of business. 1-117. Explosives. 1-118. Farm tractor. 1-119. Flammable liquid. 1-120. Foreign vehicle. 1-120.1. Gross combination weight rating (GCWR). 1-121. Gross vehicle weight rating (GVWR). 1-122. Highway. 1-123. Manufactured home. 1-124. Identifying number. 1-125. Implement of husbandry. 1-126. Intersection. 1-127. Laned roadway. 1-128. License to operated a motor vehicle. 1-129. Lienholder. 1-130. Local authorities. 1-131. Mail. 1-132. Manufacturer. 1-133. Metal tire. 1-133.1. Minibike. 1-134. Motor vehicle. 1-135. Motorcycle. 1-136. Motor-driven cycle. 1-136.1. Motorized bicycle. 1-137. Nonresident. 1-138. Nonresident’s operating privilege. 1-139. Official traffic-control devices. 1-140. Operator. 1-141. Owner. 1-142. Park, parking, and public parking lot. 1-143. Pedestrian. 1-144. Person. 1-145. Pneumatic tire. 1-146. Pole trailer. 1-147. Police officer. 1-148. Private road or driveway. 1-149. Railroad. 1-150. Railroad sign or signal. 1-151. Railroad train. 1-152. Reconstructed vehicle. 1-152.1. Recreational vehicle. 1-153. Registration. 1-154. Residence district. 1-155. Revocation of driver’s license. 1-156. Right-of-way. 1-157. Road tractor. 1-158. Roadway and shoulder. 1-159. Safety zone. 1-160. School bus. 1-161. Security. 1-162. Semitrailer. 1-163. Sidewalk. 1-164. Solid tire. 1-165. Special mobilized machinery. 1-166. Specially-constructed vehicle. 1-167. Stand or standing. 1-168. State. 1-169. Stop. 1-170. Stop or stopping. 1-171. Street. 1-172. Streetcar. 1-173. Suspension of driver’s license. 1-173.1. Tank vehicle. 1-174. Taxicab. 1-175. Through highway. 1-176. Trackless trolley coach. 1-177. Traffic. 1-178. Traffic-control signal. 1-179. Traffic lane. 1-180. Trailer. 1-181. Transporter. 1-181.1. Travel trailer. 1-182. Truck. 1-183. Truck tractor. 1-184. Turnpike and turnpike authority. 1-185. Urban district. 1-186. Vehicle). Ch. 2. Application. (2-101. Application of Code. 2-102. Cherokee Nation. 2-103. Indian. 2-104. Tribal member or citizen. 2-105. Offense. 2-106. Crime). Ch. 4. Antitheft Laws. (4-101. Exceptions from provisions of this chapter. 4-102. Unauthorized use of vehicle or implement of husbandry. 4-103. Receiving or disposing of a vehicle. 4-104. Damaging or tampering with vehicle or implement of husbandry. 4-105. Stolen, converted, recovered and unclaimed vehicles. 4-106. False report of theft or conversion. 4-107. Removed, falsified or unauthorized identification. 4-108. False statements of material facts Punishments. 4-109. Altering of forging certificate of title Punishment. 4-110. Offenses in connection with certificates of title). Ch. 10. Accidents and Accident Reports. (10-101. Provisions of chapter apply throughout Cherokee Nation. 10-102. Accidents involving death or personal injury. 10-103. Accidents involving damage to vehicle. 10-104. Duty to give information and render aid. 10-105. Duty upon striking unattended vehicle. 10-106. Duty upon striking fixtures upon a highway. 10-107. Immediate notice of accident. 10-108. Written report of accident Notice to other parties Ancillary proceedings. 10-109. Form of report. 10-110. Additional information. 10-111. When driver unable to report. 10-112. False reports. 10-113. Accident report forms. 10-114. Penalty for failure to report. 10-115. Public inspection of reports relating to accidents). 11. Rules of the Road. Article I. Obedience To and Effect of Traffic Laws. (11-101. Provisions of chapter refer to vehicles upon the highways Exceptions. 11-102. Required obedience to traffic laws. 11-103. Obedience to police officers. 11-104. Persons riding animals or driving animal-drawn vehicles. 11-105. Persons working on highways Exceptions. 11-106. Authorized emergency vehicles. 11-107. Military convoys exempt from municipal traffic regulation Right-of-way Exceptions). Article II. Traffic Signs, Signals and Markings. (11-201. Obedience to and required traffic-control devices. 11-202. Traffic-control signal legend. 11-203. Pedestrian-control signals. 11-204. Flashing signals. 11-204.1. Lane use control signals. 11-205. Pedestrian-actuated school crossing signals. 11-206. Display of unauthorized signs, signals or markings. 11-207. Interference with official traffic-control devices or railroad signs or signals). Article III. Driving on Right Side of Roadway Overtaking and Passing, Etc. (11-301. Driving on right side of roadway Exceptions. 11-302. Passing vehicles proceedings in opposite directions. 11-303. Overtaking a vehicle on the left Signal. 11-304. When overtaking on the right is permitted. 11-305. Limitation on overtaking on the left. 11-306. Further limitation on driving to left of center of roadway. 11-307. No-passing zones. 11-308. One-way roadways and rotary traffic island. 11-308A. Speed limits Traffic control regulations Violations. 11-309. Driving on roadways laned for traffic. 11-310. Following too closely. 11-311. Driving on divided highways. 11-312. Restricted access. 11-313. Restriction on use of controlled-access roadway). Article IV. Right-Of-Way. (11-401. Vehicle approaching or entering intersection. 11-402. Vehicle turning left at intersection 11-403. Vehicle entering stop or yield intersection. 11-404. Vehicle entering highway from private road or driveway. 11-405. Operation of vehicles on approach of authorized emergency vehicles). Article V. Pedestrians’ Rights and Duties. (11-501. Pedestrians subject to traffic regulations 11-502. Pedestrians’ right-of-way in crosswalks. 11-503. Crossing at other than crosswalks. 11-504. Driers to exercise due care. 11-505. Pedestrians to sue right half of crosswalks. 11-506. Pedestrians on roadways or bridges. 11-507. Pedestrians soliciting rides or business). Article VI. Turning and Starting and Signals on Stopping and Turning. (11-601. Required position and method of turning at intersections. 11-602. Turning on curve or crest of grade prohibited. 11-603. Starting parked vehicle. 11-604. Turning movements and required signals. 11-605. Signals by hand and arm or signal lamps. 11-606. Method of giving hand-and-arm signals). Article VII. Special Stops Required. (11-701. Obedience to signal indicating approach of train. 11-702. Certain vehicles must stop at all railroad grace crossings. 11-703. Stop signs and yield signs. 11-704. Emerging from alley, driveway or building. 11-705. Meeting or overtaking stopped school bus Reporting violations. 11-705.1. Church buses Definition Meeting and overtaking stopped bus Signs and signals). Article VIII. Speed Restrictions. (11-801. Basic rule and maximum limits. 11-801A. Maximum speed limits Suspension of existing conflicting law. 11-801B. Restriction on cancellation of automobile insurance policies. 11-801C. Restrictions on recording or assessing points for speed violations. 11-801D. Restriction on recording or assessing points for out-of-state speed violations. 11-802. Establishment of tribal speed zones. 11-803. When local authorities may and shall alter maximum limits. 11-804. Minimum speed regulation. 11-805. Special speed limitation on motor-drive cycles. 11-806. Special speed limitations. 11-807. Charging violations and rule in civil actions. 11-808. Radar interference devices Advertising, sale, manufacture or distribution prohibited Exemption Penalties. 11-809. Exemptions). Article IX. Reckless Driving, Driving While Intoxicated and Negligent Homicide. (11-901. Reckless driving. 11-902. Persons under the influence of alcohol or other intoxicating substance or combination thereof. 11-902.1. Course for drinking drivers. 11-902.2. Courts Conditional participation in drinking drivers course. 11-902.3. Institutions and organizations that may offer courses Fees-Limitations on enrollment. 1-903. Negligent homicide. 11-904. Person involved in personal injury accident while under influence of alcohol or other intoxicating substance Causing great bodily injury). Article X. Stopping, Standing and Parking. (11-1001. Stopping, standing or parking outside of business or residence districts. 11-1002. Officers authorized to remove illegally stopped vehicle. 11-1003. Stopping, standing or parking prohibited in specified places. 10-1004. Additional parking regulations. 1-1005. Authorized emergency vehicles; vehicles used in construction or maintenance of highways Excepted from certain provisions. 11-1006. Parking of vehicles on posted private property Penalty Liability of landowner. 11-1007. Placing or parking vehicle in parking space designated and posted for physically-disabled persons Penalties Reciprocity agreements. 11-1008. Power of Cherokee Nation Marshal’s Office to enforce act). Article XI. Miscellaneous Rules. 11-1101. Unattended motor vehicle. 11-1102. Limitations on backing. 11-1103. Riding on motorcycles. 11-1104. Obstruction to driver’s view or control Overloading school bus. 11-1105. Opening and closing vehicle doors. 11-1106. Driving on mountain highways. 11-1108. Following fire apparatus and other emergency vehicles prohibited. 11-1110. Putting glass, etc., on highway prohibited. 11-1112. Child passenger restraint system required for certain vehicles Exemptions). Article XII. Operation of Bicycles and Play Vehicles. 11-1201. Effect of regulations. 11-1202. Traffic laws apply to persons riding bicycles. 11-1203. Riding on bicycles. 11-1204. Clinging to vehicles. 11-1205. Riding on roadways and bicycle paths. 11-1206. Carrying articles. 11-1207. Lamps and other equipment on bicycles). Article XIII. Maintenance, Construction and Safety Zones. (11-1301. Driving through safety zones prohibited. 11-1302. Maintenance and construction zones). Ch. 15. Respective Powers of State and Local Authorities. (15-103. Rights of owners of real property. 15-112. Physical disability insignia. 15-112.1. Parking places Authorized use. 15-113. Penalties). Ch. 16. Parties and Procedure Upon Arrest. (16-101. Parties to a crime. 16-102. Offenses by persons owning or controlling vehicles. 16-103. Public officers and employees Exceptions. 16-104. Procedure upon arrest for crime. 16-105. When person must be taken immediately before a magistrate.16-106. When officer has option to take person before a magistrate. 16-108. Other Criminal violations Procedure. 16-109.1. Authority of officer at scene of accident. 16-112. Failure to obey notice to appear. 16-113. Procedure prescribed herein not exclusive. 16-114. Arrest of traffic violators without warrant). Ch. 17. Penalties. (17-101. Penalties for crimes which would be a misdemeanor under Oklahoma law Plea of guilty by written statement Acts not otherwise punishable by imprisonment. 17-102. Penalty for crimes). Ch. 18. Records and Reports of Convictions. (18-101. Record of traffic cases Report of convictions to department). Ch. 20. Effect and Short Title of Act. (20-101. Uniformity of interpretation. 20-102. Effect of headings. 20-103. Short title. 20-105. Constitutionality. 20-107. Time of taking effect). Title 2. Miscellaneous Laws. Ch. 67. Chemical Tests. (761. Operation of motor vehicle while ability impaired by consumption of alcohol Penalties Suspensions Violations not bondable). Ch. 79. Motor Vehicle Chop Shop and Altered Property Act. (1501. Short title. 1502. Definitions. 1503. Ownership and operation of chop shop Alteration of vehicle identification number Purchase or sale of parts from altered vehicle Exceptions Attempt Conspiracy Solicitation Aiding and abetting Accessory after fact Penalties Sentence Restitution). (98 pgs).
Title 48. Negotiable Instruments [Reserved] (2 pgs).
Title 49. Notaries Public Ch. 1. General Provisions. (1. Appointment. 2. Oath, signature, bond and seal Fees. 3. Blanks for bond and oath. 4. REPEALED. 5. Official seal Types of seals Authentication of documents Penalties. 6. Authority of notary. 7. Record of protests. 8. Official record. 9. Vacancy. 10. Statute of limitations). Ch. 2. Uniform Law on Notarial Acts. (111. Short title. 112. Definitions. 113. Taking acknowledgments or verification Witnessing or attesting signature Certifying or attesting copies Making or noting protest Evidence of true signature. 114. Person who may perform notarial acts Federal acts Genuineness of signature. 115. Notarial acts performed in a state, commonwealth, territory, district, or possession of the United States. 116. Notarial acts performed by certain federal officers. 117. Notarial acts performed by officer of foreign nation or multinational or international organization. 118. Certification of notarial act. 119. Short form certificates of notarial acts. 120. Interpretation of act). (10 pgs).
Title 50. Nuisance [Reserved] (2 pgs).
Title 51. Officers Ch. 1. Office of the Principal Chief. (1. Salary. 2. Travel expenses Allowance for local travel. 3. Same Reimbursement of expenses for travel outside Cherokee Nation. 4. Employment by Cherokee Nation of persons related to Principal Chief. 5. Control of national seal. 6. Authority to grant pardons. 7. Procedure Application for pardon. 8. Offer of rewards for information leading to apprehension of criminals at large). Ch. 2. Office of the Deputy Principal Chief. (11. Salary. 12. Travel expenses Allowance for local travel. 13. Same Reimbursement of expenses for travel outside Cherokee Nation. 14. Employment by Cherokee Nation of persons related to Deputy Principal Chief). Ch. 3. Filling Vacancy in Office of Deputy Principal Chief. (21. Purpose of Chapter. 22. Vacation of office generally. 23. Manner of resignation by Deputy Principal Chief Proceedings upon receipt of resignation by Principal Chief. 24. Filling of vacancies by vote of Tribunal Council Generally. 25. Same Vacancies occurring within thirty days of scheduled election. 26. Term of officer elected by Council. 27. Compensation of officer elected by Council. 28. Oath of officer elected by Council. 29. Transfer of records, accounts, moneys, etc.). Ch. 4. Office of the Secretary-Treasurer. (41. Books of the Secretary-Treasurer’s office open to inspection by executive, legislative and judicial officers. 42. Secretary-Treasurer not to hold other position which could conflict with his duties). Ch. 5. Office of the Attorney General. (51. Creation of office. 52. Attorney General to attend all sessions of the Judicial Appeals Tribunal. 53. Written opinions required. 54. Representation of the Cherokee Nation. 55. Prosecution of appeal without filing bond for cost. 56. Prosecution of those indebted to the Cherokee Nation. 57. Record of Attorney General opinions. 58. Removal from office). Ch. 6. Marshal. (61. Establishment of Marshal. 62. Marshal’s duties generally. 63. Notifying court of arrest Bail. 64. Service of process). Ch. 7. Reserve Deputy Marshal. (71. Establishment Duties Training). (14 pgs).
Title 52. Oil and Gas [Reserved] (2 pgs).
Title 53. Historical Societies and Associations Ch. 1. General Provisions (Reserved for Future Use). Ch. 1A. Violations Penalties. (2.1. Damage to Historical Site). Ch. 20. Register of Historic Places. (361. Anthropological and archaeological projects). (4 pgs).
Title 54. Partnership [Reserved] (1 pg).
Title 55. Pledges [Reserved] (1 pg).
Title 56. Poor Persons [Reserved] (1 pg).
Title 57. Prisons and Reformatories [Reserved] (1 pg).
Title 58. Probate Procedures [Reserved] (1 pg).
Title 59. Professions and Occupations [Reserved] (1 pg).
Title 60. Property Ch. 1. General Provisions. (1. Prior right of possession. 2. Suits for recovery of property. 3. Legal possession. 4. Conveyance of property to minor). (2 pgs).
Title 61. Public Buildings and Public Works [Reserved] (2 pgs).
Title 62. Public Finance Ch. 1. General Provisions. (1. Fiscal year). Ch. 2. Office of the Controller. (11. Establishment Purpose. 12. Powers and duties generally). Ch. 3. Deposit of Funds. (21. Requirement for deposit of funds generally. 22. Principal depository. 23. Subsidiary depositories. 24. Control of deposited funds). Ch. 4. Appropriations. (31. Requirements for appropriations of funds generally. 32. Annual appropriations). Ch. 5. Investments. (41. Investment of judgment funds Generally. 42. Same Reservation of rights. 43. Investment of surplus funds Generally. 44. Same Term of investments. 45. Same Selection of investment institution. 46. Same Protection of invested funds). Ch. 6. Bonds. (51. Officers required to furnish surety bond Conditions of and payment for bonds. 52. Amount of bonds. 53. Bonding company). Ch. 7. Pledges of Credit. (61. Requirements for pledges of credit of Cherokee Nation generally. 62. Pledges of credit requiring waiver of sovereign immunity). Ch. 8. Financial Records and Reports. (71. Governing accounting standards. 72. Combined financial statement reports. 73. Annual audit statements and reports. 74. Retention of records). Ch. 9. Claims against the Cherokee Nation. (81. Verification and approval of claims. 82. Development and maintenance of policies and procedures governing processing of claims). Ch. 10. Trusts. (91. Establishment of trust authority. 92. Board of directors for trust). (16 pgs).
Title 63. Public Health and Safety Ch. 1. General Provisions. (Reserved for Future Use). Ch. 2. Uniform Controlled Dangerous Substances Act. Article 1. Definitions. (2-101. Definitions. 2-101.1. Drug paraphernalia Factors used in determining. 2-103.1. Investigations Subpoena power. 2-107. Narcotic Revolving fund). Article 2. Standards and Schedules. (2-201. Future “controlled dangerous substances” included. 2-202. Nomenclature in schedules. 2-203. Schedule I characteristics. 2-204. Schedule I. 2-205. Schedule II characteristics. 2-206. Schedule II. 2-207. Schedule III characteristics. 2-208. Schedule III. 2-209. Schedule IV characteristics. 2-210. Schedule IV. 2-211. Schedule V characteristics. 2-212. Schedule V). Article 4. Offenses and Penalties. (2-401. Prohibited acts A Penalties. 2-401A. School property Distribution, dispensing or possession of controlled dangerous substance or imitation with intent to distribute. 2-402. Prohibited acts B Penalties. 2-403. Prohibited acts C Penalties. 2-404. Prohibited acts D Penalties. 2-405. Prohibited acts E Penalties. 2-407. Prohibited acts G Penalties. 2-407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or metal processes prohibited Exemptions Penalties. 2-408. Endeavor and conspiracy. 2-409. Additional penalties. 2-410. Conditional discharge for possession as first offense. 2-411. General penalty clause. 2-412. Second or subsequent offenses. 2-413. Bar to prosecution. 2-413.1. Gasoline or paint sniffing illegal). Trafficking in Illegal Drugs Act. (2-414. Short title. 2-415. Application Fines and penalties. 2-416. Apportionment of fines. 2-417. Drug Abuse Education Revolving Fund. 2-418. Distributing controlled substances within 1,000 feat of education facilities, recreation centers or public parks Penalties. 2-419. Use of minors in transportation, sale, etc. of controlled dangerous substances Penalties). Article 5. Enforcement and Administrative Provisions. (2-501. Powers of enforcement personnel. 2-502. Inspections. 2-503. Property subject to forfeiture. 2-503.1. Transactions involving proceeds derived from illegal drug activity prohibited. 2-503.2. Assessment for violation of act. 2-504. Seizure of property. 2-505. Summary forfeiture of certain substances. 2-506. Seizure and forfeiture of certain substances. 2-507. Itemization and submission for destruction. 2-508. Destruction of seized property. 2-509. Eradication. 2-510. Defenses Descriptions). Article 6. Miscellaneous. (6-603. Uniformity of interpretation. 2-604. Short title. 2-606. Severability. 2-608. Headings). Ch. 3. Cherokee Nation Environmental Act. Article 1. Codification. (50. Codification). Article 2. Delegation of Authority and General Provisions. (101. Establishment of the Cherokee Nation Environmental Protection Commission. 102. Regulations. 103. Personal Jurisdiction. 104. Territorial Jurisdiction. 105. Interface with the Bureau of Indian Affairs. 106. Designation of Lead Department; EPA Authorization. 107. Severability. 108. Applicability. 109. Review of Commission Actions. 110. Removal of Commissioners). Article 3. General Definitions. (201. Definitions. 202. Supplemental Definitions). Article 4. Cherokee Nation Environmental Policy. (301. Purpose. 302. Policies and Goals. 303. Implementing Regulations. 304. Cooperation of Cherokee Nation Departments. 305. Conformity of Administrative Procedures. 306. Statutory Obligations. 307. Policy Supplementary). Article 5. Air Quality. [Reserved]. Article 6. Historical and Cultural Preservation. [Reserved]. Article 7. Solid Waste. General Provisions. (601. Definitions Particular to Solid Waste Regulation. 602. Findings of the Cherokee Nation. 603. Objectives and Policy of the Cherokee Nation. 604. Prohibition of Financial Interest. 605. Solid Waste Disposal Requirements. 606A. Permit Required. 606B. Permitting Procedures. 607. Requirements in Contracts and Leases Dealing with Solid Waste. 608. Feasibility Studies. 609. Contingency Plans. 610. Facility Operation. 611. Prohibition of Open Dumps. 612. Record Keeping. 613. Enforcement Authority. 614A. Cherokee Nation Environmental Protection Commission Duties. 614B. Enforcement Actions. 614C. Compliance Orders. 614D. Penalties. 614E. Knowing Endangerment. 614F. Imminent Hazard). Regulation of Underground Storage Tanks. (615A. Definitions and Exemptions. 615B. Notification. 615C. Release Detection, Prevention, and Correction Regulations. 615D. Inspections, Monitoring, Testing and Corrective Action. 615E. Enforcement). Finances and Revenues. (616A. Solid Waste User Fee. 616B. Purpose. 616C. Assessment. 616D. Reports Provision for Deposit of Fees Use of Fees Collected. 616E. Federal Grants. 616F. Cost Allocation). Article 8. Toxic and Hazardous Substance Control. General Provisions. (701. Findings, Policy and Intent. 702. Definitions. 703. Testing of Chemical Substances and Mixtures. 704. Regulation of Hazardous Chemical Substances and Mixtures. 705. Imminent Hazards. 706. Inspections and Subpoenas. 707. Prohibited Acts. 708. Penalties. 709. Specific Enforcement and Seizure. 710. Judicial Review). Indoor Radon Abatement. (711A. National Goal. 711B. Model Construction Standards and Techniques. 711C. Education). Article 9. Water Quality. (801. Definitions. 802. Cherokee Nation’s Declaration of Goals and Policy. 803. Comprehensive Programs for Water Pollution Control. 804. Interstate Cooperation and Uniform Law. 805. In-Place Toxic Pollutants. 806. Cherokee Nation River Management Conferences. 807. Waste Treatment Management. 808. Effluent Limitations. 809. Water Quality Related Effluent Limitations. 810. Water Quality Standards and Implementation Plans. 811. Information and Guidelines. 812. Cherokee Nation Environment Protection Commission Reports on Water Quality The Council of the Cherokee Nation. 813. Cherokee Nation Standards of Performance. 814. Toxic and Pretreatment Effluent Standards. 815. Records and Reports Inspections. 816. Enforcement. 817. International Pollution Abatement. 818. Thermal Discharges. 819. Aquaculture. 820. Emergency Powers). Article 10. Consumer Protection. [Reserved]. Article 11. Comprehensive Environmental Response, Compensation, and Liability Act. [Cn Cercla] [Reserved].(46 pgs).
Title 64. Public Lands Ch. 1. Lands Acquired from the United States. (1. Abandoned military and agency reservations). (2 pgs).
Title 65. Public Libraries [Reserved] (2 pgs).
Title 66. Reserved for Future Use.
Title 67. Records Ch. 1. General Provisions. (1. Archives and records commission Creation Composition. 2. Same Powers and duties generally. 3. Same Establishment of policies and procedures for storage, processing, servicing, etc., of records and historical documents. 4. Same Design, construction, purchase, etc., of buildings for storage of records. 5. Same Submission to Council of plans, estimates, and recommendations. 6. Same Special advisory committees. 7. Cherokee national Archives. 8. Recovery of records or archives belonging to Cherokee Nation. 9. Liability of Cherokee Nation for infringement of rights arising from use of letters and other intellectual productions in custody of Commission). (4 pgs).
Title 68. Revenue and Taxation Ch. 1. General Provisions. (1. Tax Code. 2. Purpose. 3. Definitions. 4. Severability. 5. Distribution of tax revenue). Ch. 2. Cherokee Nation Tax Commission and Enforcement Procedures. (11. Establishment. 12. Membership. 13. Powers. 14. Additional powers. 15. Limitations Recommendations. 16. Salaries. 17. Civil actions for tax penalties and interest. 18. Refunds of excess tax payments. 19. Appeals. 20. Finality of Commission or Judicial Appeals Tribunal action. 21. Settlements of taxes due. 22. Power to compact. 23. Penalty and interest. 24. Substitute returns prepared by Commission. 25. Initial application fee). Ch. 3. Sale Tax. (31. Definitions. 32. Tax Levy Rate. 33. Retail sales licensing. 34. Retail sale license). Ch. 4. Tobacco Tax. (41. Definitions. 42. Tax on cigarettes. 43. Tax on tobacco products. 44. Tax paid once. 45. Evidence of tax. 46. Impact of tax. 47. Payment of tax. 48. Exclusions from taxation. 49. Unstamped tobacco contraband. 50. Records. 51. Reports. 52. Wholesale and retail stocks to be separate. 53. Sales between wholesalers and retailers. 54. Wholesaler to collect tax. 55. Wholesaler licensing. 56. Tobacco wholesaler license. 57. Retailer licensing. 58. Tobacco retailer license. 59. Other unlawful acts. 60. Vending machine permits. 61. Civil fine for violations). Ch. 5. Cherokee Nation/State Tobacco Tax Compact Act. (71. Title. 72. Purpose. 73. Policy statement. 74. Provisions of compact approved. 75. In lieu payment. 76. Provisions as cumulative. 77. Severability. 78. Repealing conflicting law. 79. Effective date. 80. Rules and regulations. 81. Unlawful tobacco sale activities. 82. Offenses Penalties). Ch. 6. Landfill User Fee. (101. Title. 102. Purpose. 103. Definitions. 104. Assessment. 105. Reports Provisions for depot of fees Use of fees collected). Ch. 7. Controlled Dangerous Substance Tax. (450.1. Definitions. 450.2. Levy of tax Calculation. 450.3. Manner of payment of tax Intent and purpose of act. 450.4. Rules and regulations Purchase of stamps Reporting forms Use of stamps in administrative, civil and criminal proceedings. 450.5. Immediate assessment and collection of tax Delinquency Penalties. 450.6. Exemptions from tax. 450.7. Disposition and revenues. 450.8. Civil and criminal penalties Immunities. 450.9. Reuse of used stamp prohibited Penalties). (32 pgs).
Title 69. Roads, Bridges and Ferries [Reserved] (2 pgs).
Title 70. Schools and Education Ch. 1. General Provisions. (1. Neglect or refusal to compel child to attend school). (2 pgs).
Title 71. Securities [Reserved] (1 pg).
Title 72. Reserved for Future Use.
Title 73. Sovereignty [Reserved] (1 pg).
Title 74. State Government Ch. 1. General Provisions. (Reserved for Future Use). Ch. 5. Bureau of Investigations. (150.12A. Missing Persons Reports Location or discovery Information forms Guidelines). Ch. 46. Tourism and Recreation. (1846.2. Injury, destruction, defacement, etc., of buildings, structures, etc. Penalty). (4 pgs).
Title 75. Statutes and Reports [Reserved] (1 pg).
Title 76. Torts [Reserved] (1 pg).
Title 77. Towns and Communities [Reserved] (1 pg).
Title 78. Reserved for Future Use.
Title 79. Trusts and Pools [Reserved] (1 pg).
Title 80. United States Ch. 1. Self-Governance Compact. (1. Self-governance compact). (2 pgs).
Title 81. Reserved for Future Use.
Title 82. Waters and Water Rights [Reserved] (1 pg).
Title 83. Reserved for Future Use.
Title 84. Wills and Succession [Reserved] (1 pg)
Title 85. Worker’s Compensation [Reserved] (2 pgs).