Cherokee Nation, Oklahoma - Tribal Code

Published: 2014

An unnanotated version of the code is published at the tribal Attorney General's website and at the tribal court's website (see CNCA- Searchable PDF in left-hand column). Please contact the library for assistance or more information.

Table of Contents

Table of Contents

Principal Chief’s Foreword

Speaker of the Council’s Foreword


Attorney General’s Foreword


Officials of the Cherokee Nation


Publisher’s Preface


Cite This Code

Act of Union Between the Eastern and Western Cherokees

Constitution of the Cherokee 1839
Constitution of 1839
Article I
Article II
Article III
Article IV
Article V
Article VI

Constitution of the Cherokee Nation of Oklahoma 1975
Preamble
Article I. Federal Relationship
Article II. Bill of Rights
Article III. Membership
Article IV. Distribution of Powers
Article V. Legislative
Article VI. Executive
Article VII. Judicial
Article VIII. Cabinet
Article IX. Election
Article X. Fiscal
Article XI. Removal From Office
Article XII. Employee Rights
Article XIII. Oath
Article XIV
Article XV. Initiative, Referendum and Amendment
Article XVI. Supersedes Old Constitution 1839
Article XVII. Seat of Government
Article XVIII. Adoption

Constitution of the Cherokee Nation 1999
Preamble
Article I. Federal Relationship
Article II. Territorial Jurisdiction
Article III. Bill of Rights
Article IV. Citizenship
Article V. Distribution of Powers
Article VI. Legislative
Article VII. Executive
Article VIII. Judicial
Article IX. Election
Article X. Fiscal
Article XI. Removal From Office
Article XII. Employee Rights
Article XIII. Oath
Article XIV. Clans
Article XV. Initiative, Referendum and Amendment
Article XVI. Supersedes Constitutions of 1839 and 1976
Article XVII. Seat of Government
Article XVIII. Adoption

Title 1. Administrative Procedure
CHAPTER 1 GENERAL PROVISIONS
§ 101. Short title
§ 102. Definitions
CHAPTER 2 DECLARATIONS BY AGENCY
§ 201. [Agency declarations]
CHAPTER 3 PROCEDURAL RULES
§ 300. Required procedures
§ 301. Current rulemaking docket
§ 302. Agency record in rulemaking proceeding
§ 303. Advice on possible rules before notice of proposed rule adoption
§ 304. Notice of proposed rule adoption
§ 305. Public participation
§ 306. Emergency rules
§ 307. Required rulemaking
§ 308. Contents of rule
§ 309. Concise explanatory statement
§ 310. Incorporation by reference
§ 311. Compliance, time limitation and effect
§ 312. Declaratory judgment
CHAPTER 4 ADJUDICATION
§ 401. When Chapter 4 applies—Disputed cases
§ 402. Presiding officers
§ 403. Disputed case procedure
§ 404. Notice
§ 405. Informal adjudication in disputed cases
§ 406. Informal adjudication procedure
§ 407. Emergency adjudication
§ 408. Ex parte communications
§ 409. Intervention
§ 410. Subpoenas
§ 411. Discovery
§ 412. Conversion
§ 413. Default
§ 414. Licenses
§ 415. Orders—Initial and final
§ 416. Agency review of initial orders
§ 417. Reconsideration
§ 418. Stay
§ 419. Availability of orders—Index
§ 420. Agency record in disputed case
CHAPTER 5 JUDICIAL REVIEW
§ 501. Judicial review generally
§ 502. Review of agency action other than order
§ 503. Rules of procedure
§ 504. Time for seeking judicial review of agency action
§ 505. Stays pending appeal
§ 506. Standing
§ 507. Exhaustion of administrative remedies
§ 508. Agency record on judicial review
§ 509. Scope of review—Grounds for invalidity

Title 2. Agriculture and Animals
Reserved for Future Use

Title 3. Aircraft and Airports
Reserved for Future Use

Title 4. Amusements and Sports
CHAPTER 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Purpose
§ 3. Legislative history
§ 4. Definitions
§ 5. Protection of the environment, public health and safety
§ 6. Words and terms
§ 7. Provisions as cumulative
§ 8. Severability
§ 9. Self-help contributions
§ 10. Sovereign immunity
§ 11. Emergency declared
§§ 12 to 19. Reserved
CHAPTER 2 GAMING COMMISSION ADMINISTRATION AND ENFORCEMENT PROCEDURES
§ 20. Establishment of Cherokee Nation Gaming Commission
§ 21. Membership
§ 22. Powers and duties of the Gaming Commission
§ 23. Restrictions on commissioners
§ 24. Financial interest
§ 25. Limitations; recommendations
§ 26. Budget and compensation
§ 27. Authorization of gaming
§ 28. Prohibited acts
§ 29. Reserved
CHAPTER 3 LICENSING
§ 30. License required for gaming facilities
§ 31. Classes and fees
§ 32. Charitable gaming
§ 33. Class I gaming
§ 34. Class II gaming license
§ 35. Class III gaming license
§ 36. Facility license
§ 37. Vendor licensing
§ 38. Use of gaming revenue
§ 39. Reserved
CHAPTER 4 RULES OF OPERATION AND GENERAL ACCOUNTABILITY
§ 40. Records, returns and audits
§ 41. Certification of gaming systems and equipment
§ 42. Age limit for all gaming
§ 43. Oversight of fiscal affairs
§ 44. Prohibition against embezzlement
§§ 45 to 49. Reserved
CHAPTER 5 LICENSING PROCEDURES FOR AND BACKGROUND INVESTIGATIONS OF KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
§ 50. Gaming permits and licenses—Generally
§ 51. Standard for licenses and permits
§ 52. Application forms
§ 53. Background investigations
§ 54. Continuing duty to provide information
§ 55. Terms and parameters of licenses and permits
§ 56. Eligibility determination
§ 57. Federal review of gaming applicants
§ 58. Granting a gaming license or permit
§ 59. Preliminary determination and license suspension
CHAPTER 6 HEARINGS AND APPEALS
§ 60. Scope
§ 61. Opportunities for hearing
§ 62. Hearing
§ 63. Appearance through counsel
§ 64. Hearing procedures
§ 65. Determinations by the Commission
§ 66. Request for re–hearing
§ 67. Appeals
§ 68. Finality of Gaming Commission or Cherokee Nation District Court action
§ 69. Reserved

Title 5. Attorneys
CHAPTER 1 PRACTICING BEFORE CHEROKEE NATION COURTS
§ 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 the Court
§ 5. Choice of counsel
§ 6. Judge shall not appear as counsel

Title 6. Banks and Trust Companies
Reserved for Future Use

Title 7. Blind Persons
Reserved for Future Use

Title 8. Cemeteries
CHAPTER 1 CEMETERIES PRESERVATION
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
§ 4. Appropriation—Advocate/coordinator—Policies and procedures

Title 9. Census
Reserved for Future Use

Title 10. Children
CHAPTER 1 GENERAL PROVISIONS
§ 1. Purpose
§ 1.2. Application of Title
§ 1.3. Presumption of legitimacy
§ 1.4. Children deemed legitimate
§ 2. Children born after dissolution of marriage or before wedlock
§ 3. Reserved
§ 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
§ 11. Public action for support of deceased parent's child
§ 12. Reserved
§ 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 parents' separation—Habeas corpus
§ 21.1. Custody—Order of preference—Death of custodial parent—Preference of child
§§ 22, 23. Reserved
§ 24. Appointment of counsel—Compensation
CHAPTER 1A CARE AND CUSTODY
§ 25. Definitions
§ 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
CHAPTER 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. 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
§ 40.9. Records
§ 40.10. Involuntary custody placement orders—Evidence—Determination of damage to child
§ 40.11. Parental rights termination orders—Evidence—Determination of damage to child
CHAPTER 2 ADOPTION
§ 55. Adoption of child born out of wedlock by father
§ 55.1. Notice of intent to claim paternity—Acknowledging paternity—Paternity registry
§ 56. Reserved
§ 57. Records to be kept confidential—Release of medical history and other information
§ 58. Limitation on challenge to adoption after entry of final decree
CHAPTER 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
§ 60.8. Reserved
§ 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
CHAPTER 3 PATERNITY
§ 100. Presumption that man is the natural father
§ 100.1. Additional presumption of paternity
§ 101. Persons entitled to dispute presumption; proof of illegitimacy; time limit
§ 102. Repealed by LA 08–11, eff. May 19, 2011
§ 103. Death of custodial parent; custody of child
§ 104. Natural mother of child—Establishment of paternity
§ 105. Petition—Verification—Jurisdiction
§ 105.1. Notice to Registrar
§ 106. Trial of issues of paternity, support, custody and visitation—Burden of proof and procedure
§ 107. Court order determining paternity
§ 108. Court may enlarge, diminish or vacate order or judgment
§ 109. Appeals
§ 110. Father's liability to support and educate child
§ 111. Repealed by LA 20–07, eff. April 23, 2007
§ 112. Persons eligible to bring paternity actions
§ 113. Joinder of sexual partners as defendants—Genetic testing—Determination of paternity
§ 113.1. Effect of failure to appear or answer—Presumptions
§ 114. Costs and attorney fees
§ 115. Changing child's name to paternal surname
§ 116. Authority of District Court
§ 117. Preparation of birth certificate—Acknowledgement of paternity
§ 118. Authority for test
§ 119. Selection of experts
§ 120. Compensation of expert witnesses
§ 121. Effect of test results
§ 122. Effect on presumption of legitimacy
§ 123. Applicability to criminal actions
CHAPTER 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 sixteen or seventeen 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—Standard for certification of facilities used to detain juveniles
§ 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
§ 1115.1. Placement plan filing—Preparation—Approval—Contents—Substance abuse treatment program for parents—Child born dependent on controlled dangerous substance
§ 1115.2. 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— Expense—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
§ 1126. Reserved
§ 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— Residential care and treatment
§ 1138. Delinquent children—Intent of Tribal Council—Powers and duties of Cherokee Nation
§ 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
§ 1143. Commitment of children to institution—Delivery
§ 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 twelve or under who is victim of abuse
§ 1148. Taking testimony of child age twelve or under in room other than courtroom— Recording
§ 1149. Aggravated assault and battery upon employee of facility for delinquent children
ARTICLE III. 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

Title 11. Citizenship
CHAPTER 1 GENERAL PROVISIONS
§ 1. Title
§ 2. Purpose
§ 3. Definitions
CHAPTER 2 POLICIES AND PROCEDURES FOR CITIZENSHIP APPLICATIONS
§ 11. Requirements of the applicant
§ 11A. Temporary automatic citizenship of newborn children
§ 12. Citizenship requirements
§ 13. Procedures
§ 14. Documentation
CHAPTER 3 APPEAL FROM ADVERSE ENROLLMENT ACTION
§ 21. Who may appeal
§ 22. Appeals generally
§ 23. Appeal procedure
§ 24. Computation of the appeal period
§ 25. Burden of proof
§ 26. Action by the Registrar
§ 27. Action by the District Court of Cherokee Nation—Standard of review
CHAPTER 4 TRIBAL CITIZENSHIP
§ 31. Tribal citizenship cards
§ 32. Maintenance of records
§ 33. Release of tribal citizenship 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

Title 12. Civil Procedures
CHAPTER 1 ADOPTION OF FEDERAL RULES OF CIVIL PROCEDURE—FEDERAL RULES OF EVIDENCE
§ 1. Federal Rules of Civil Procedure—Federal Rules of Evidence
CHAPTER 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
CHAPTER 3 INTEREST ON JUDGMENTS
§ 21. Interest on judgments
CHAPTER 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
CHAPTER 5 CIVIL PROTECTIVE ORDERS
§ 501. Short title
§ 502. Definitions [Reserved]
§ 503. Jurisdiction for civil protective orders
§§ 504 to 510. Reserved
§ 511. Change of Judge for civil protective orders
§ 512. Availability of civil protective orders
§ 513. Procedures for filing civil petitions for protective orders
§ 514. Procedures for issuance of temporary and permanent protective orders
§ 515. Content of a protective order in general
§ 516. Duration and amendments to permanent protective orders in general
§ 517. Temporary emergency ex parte protective orders
§ 518. False allegations of domestic violence—Effect
§ 519. Foreign domestic violence protective orders—Full faith and credit recognition and enforcement
§ 520. Tribal registry for protective orders
CHAPTER 6 GARNISHMENT
§ 1170. Definitions
§ 1171. Right to garnishment
§ 1171.1. Money earned from prejudgment garnishment—Exemption
§ 1171.2. Child support payments—Garnishment—Filing fee
§ 1171.3. Income assignments
§ 1172. Affidavit—Contents
§ 1172.1. Prejudgment and postjudgment summons—Procedure
§ 1172.2. Garnishment summons—Payment of funds by garnishee
§ 1173. Garnishee summons
§§ 1173.1, 1173.2. Reserved
§ 1173.3. General garnishment
§ 1173.4. Continuing lien on earnings—Definitions
§ 1174. Notice to defendant of garnishment proceedings
§ 1175. Subsequent proceedings
§ 1176. Reserved
§ 1177. Trial of issue—Judgment on answer
§ 1178. Affidavit required of garnishee
§ 1178.1. Summons for collection of support—Affidavit—Garnishee's answer
§ 1178.2. Garnishment summons not on earnings or for collection of child support—Affidavit—Garnishee's answer
§ 1179. Failure of garnishee to answer
§ 1180. Persons authorized to make answer
§ 1181. Mutual defense by garnishee and defendant
§ 1182. Proceedings deemed actions—Judgment and enforcement—Trial and dismissal— Unmatured or unliquidated debts
§ 1183. Examination of garnishee by deposition or interrogatories
§ 1184. Disclaimer by garnishee—Interpleading interested party
§ 1185. Garnishee's liability
§ 1186. No judgment upon garnishee's liability under certain circumstances
§ 1187. No action against garnishee until termination of garnishee action
§ 1188. Defendant's bond
§ 1189. When plaintiff excepts, sureties appear for justification—Discharge of garnishee
§ 1190. Costs
§ 1191. Reserved
§ 1192. Garnishment—Employees of Cherokee Nation or its business entities
§ 1193. Summons when Cherokee Nation employee is garnisheed
§ 1194. Cherokee Nation as garnishee—Judgments
§ 1195. Garnishment bond not required when Nation is plaintiff
§ 1196. Judgment—Garnishee liability to defendant
§ 1197. Garnishment of gaming winnings
§ 1198. Withholding gaming winnings
CHAPTER 7 DECLARATORY JUDGMENTS
§ 1201. Short title
§ 1202. Purpose
§ 1203. Determination of rights, status or other legal relations—Exceptions
§ 1204. Pleading
§ 1205. Parties—Venue
§ 1206. Effect of determination—Review
§ 1207. Further relief
§ 1208. Issues of fact
CHAPTER 8 UNIFORM ARBITRATION ACT
§ 1301. Definitions
§ 1302. Notice
§ 1303. When chapter applies
§ 1304. Effect of agreement to arbitrate—Nonwaivable provisions
§ 1305. Application for judicial relief
§ 1306. Validity of agreement to arbitrate
§ 1307. Petition to compel or stay arbitration
§ 1308. Provisional remedies
§ 1309. Initiation of arbitration
§ 1310. Consolidation of separate arbitration proceedings
§ 1311. Appointment of arbitrator—Service as a neutral arbitrator
§ 1312. Disclosure by arbitrator
§ 1313. Action by majority
§ 1314. Immunity of arbitrator—Competency to testify—Attorney fees and costs
§ 1315. Arbitration process
§ 1316. Representation by lawyer
§ 1317. Witnesses—Subpoenas—Depositions—Discovery
§ 1318. Judicial enforcement of preaward ruling by arbitrator
§ 1319. Award
§ 1320. Change of award by arbitrator
§ 1321. Remedies—Fees and expenses of arbitration proceeding
§ 1322. Confirmation of award
§ 1323. Vacating award
§ 1324. Modification or correction of award
§ 1325. Judgment on award—Attorney fees and litigation expenses
§ 1326. Jurisdiction
§ 1327. Venue
§ 1328. Appeals
§ 1329. Uniformity of application and construction
§ 1330. Relationship to Electronic Signatures in Global and National Commerce Act

Title 13. Common Carriers
Reserved for Future Use

Title 14. Commissions and Other Entities
CHAPTER 1 APPOINTMENT OF BOARDS AND COMMISSIONS
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
§ 4. Appointments

Title 15. Contracts
CHAPTER 1 CONTRACT PUBLICATION
§ 1. Short title
§ 2. Purpose
§ 3. Reports relating to contracts

Title 16. Conveyances
Reserved for Future Use

Title 17. Reserved
Reserved for Future Use

Title 18. Corporations
CHAPTER 1 CHEROKEE NATION GENERAL CORPORATION ACT
ARTICLE 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Scope of act
§ 3. Rights, liabilities and duties under prior statutes
§ 4. Reserved power of Cherokee Nation to amend or repeal—Cherokee Nation General Corporation Act part of corporation's charter or certificate of incorporation
ARTICLE 2 FORMATION
§ 5. Incorporators—How corporation formed—Purposes
§ 6. Certificate of incorporation—Contents
§ 7. Execution, acknowledgment, filing and effective date of original certificate of incorporation and other instruments—Exceptions
§ 8. Certificate of incorporation—Definition
§ 9. Certificate of incorporation and other certificates—Evidence
§ 10. Commencement of corporate existence
§ 11. Powers of incorporators
§ 12. Organization meeting of incorporators or directors named in certificate of incorporation
§ 13. Bylaws
§ 14. Emergency bylaws and other powers in emergency
ARTICLE 3 POWERS
§ 15. General powers
§ 16. Specific powers
§ 17. Powers respecting securities of other corporations or entities
§ 18. Monthly cash dividend
§§ 19, 20. Reserved
ARTICLE 4 REGISTERED OFFICE AND REGISTERED AGENT
§ 21. Registered office in Cherokee Nation—Principal office or place of business in Cherokee Nation
§ 22. Registered agent in Cherokee Nation—Resident agent
§ 23. Change of location of registered office—Change of registered agent
§ 24. Change of address or name of registered agent
§ 25. Resignation of registered agent coupled with appointment of successor
§ 26. Resignation of registered agent not coupled with appointment of successor—Absence of registered agent
ARTICLE 5 DIRECTORS AND OFFICERS
§ 27. Board of directors—Powers—Number—Qualifications—Terms and quorum—committees—Classes of directors—Reliance upon books—Action without meeting, etc. § 28. Officers; titles, duties, selection, term; failure to elect; vacancies
§ 29. Loans to employees and officers; guaranty of obligations of employees and officers
§ 30. Interested directors; quorum
§ 31. Indemnification of officers, directors, employees and agents; insurance
ARTICLE 6 STOCK AND DIVIDENDS
§ 32. Classes and series of stock—Rights, etc.
§ 33. Issuance of stock, lawful consideration—Fully paid stock
§ 34. Consideration for stock
§ 35. Determination of amount of capital—Capital, surplus and net assets defined
§ 36. Fractions of shares
§ 37. Partly paid shares
§ 38. Rights and options respecting stock
§ 39. Stock certificates, uncertificated shares
§ 40. Shares of stock—Personal property, transfer and taxation
§ 41. Corporation's powers respecting ownership, voting, etc., of its own stock—Rights of stock called for redemption
§ 42. Issuance of additional stock—When and by whom
§ 43. Liability of shareholder or subscriber for stock not paid in full
§ 44. Payment for stock not paid in full
§ 45. Failure to pay for stock—Remedies
§ 46. Revocability of pre-incorporation subscriptions
§ 47. Formalities required of stock subscriptions
§ 48. Situs of ownership of stock
§ 49. Dividends—Payment—Wasting asset corporations
§ 50. Special purpose reserves
§ 51. Liability of directors as to dividends or stock redemption
§ 52. Declaration and payment of dividends
§ 53. Liability of directors for unlawful payment of dividend or unlawful stock purchase or redemption—Exoneration from liability—Contribution among directors—Subrogation
ARTICLE 7 STOCK TRANSFERS
§ 54. Transfer of stock, stock certificates and uncertificated stock
§ 55. Restriction on transfer of securities
ARTICLE MEETINGS, ELECTIONS, VOTING AND NOTICE
§ 56. Meetings of shareholders
§ 57. Voting rights of shareholders—Proxies—Limitations
§ 58. Fixing date for determination of shareholders of record
§ 59. Cumulative voting
§ 60. Voting rights of members of nonstock corporations—Quorum—Proxies
§ 61. Quorum and required vote for stock corporations
§ 62. Voting rights of fiduciaries, pledgors and joint owners of stock
§ 63. Voting trusts and other voting agreements
§ 64. List of shareholders entitled to vote—Penalty for refusal to produce—Stock ledger
§ 65. Inspection of books and records
§ 66. Voting, inspection and other rights of bondholders and debenture holders
§ 67. Notice of meetings and adjourned meetings
§ 68. Vacancies and newly created directorships
§ 69. Form of records
§ 70. Contested election of directors—Proceedings to determine validity
§ 71. Appointment of custodian or receiver of corporation on deadlock or for other cause
§ 72. Powers of court in elections of directors
§ 73. Consent of shareholders in lieu of meeting
§ 74. Waiver of notice
§ 75. Exception to requirements of notice
ARTICLE 9 AMENDMENT OF CERTIFICATE OF INCORPORATION—CHANGES IN CAPITAL AND CAPITAL STOCK
§ 76. Amendment of certificate of incorporation before receipt of payment for stock
§ 77. Amendment of certificate of incorporation after receipt of payment for stock— Nonstock corporations
§ 78. Retirement of stock
§ 79. Reduction of capital
§ 80. Restated certificate of incorporation
ARTICLE 10 MERGER OR CONSOLIDATION
§ 81. Merger or consolidation of domestic corporations
§ 82. Merger or consolidation of domestic and foreign corporations—Service of process upon surviving or resulting corporation
§ 83. Merger of parent corporation and subsidiary or subsidiaries
§ 84. Merger or consolidation of domestic nonstock, not for profit corporations
§ 85. Merger or consolidation of domestic and foreign nonstock, not for profit corporation; service of process upon surviving or resulting corporation
§ 86. Merger or consolidation of domestic stock and nonstock corporations
§ 87. Merger or consolidation of domestic and foreign stock and nonstock corporations
§ 88. Status, rights, liabilities, etc. of constituent and surviving or resulting corporations following merger or consolidation.
§ 89. Powers of corporation surviving or resulting from merger or consolidation; issuance of stock, bonds or other indebtedness
§ 90. Effect of merger upon pending actions
§ 90.1. Share acquisitions
§ 90.2. Merger or consolidation of domestic corporation and limited partnership
§ 90.3. Business combinations with interested shareholders
§ 91. Appraisal rights
ARTICLE 11 SALE OF ASSETS, DISSOLUTION AND WINDING UP
§ 92. Sale, lease or exchange of assets—Consideration—Procedure
§ 93. Mortgage or pledge of assets
§ 94. Dissolution of joint venture corporation having two shareholders
§ 95. Dissolution before the issuance of shares or beginning business—Procedure
§ 96. Dissolution—Procedure
§ 97. Reserved
§ 98. Payment of franchise taxes before dissolution
§ 99. Continuation of corporation after dissolution for purposes of suit and winding up affairs
§ 100. Trustees or receivers for dissolved corporations—Appointment—Powers—Duties
§ 100.1. Notice to claimants—Filing of claims
§ 100.2. Payment and distribution to claimants and shareholders
§ 100.3. Liability of shareholders of dissolved corporations
§ 101. Jurisdiction of Court
§§ 102, 103. Reserved
§ 104. Revocation or forfeiture of charter—Proceedings
§ 105. Dissolution or forfeiture of charter by decree of Court—Filing
ARTICLE 12 INSOLVENCY; RECEIVERS AND TRUSTEES
§ 106. Receivers for insolvent corporations—Appointment and powers
§ 107. Title to property—Filing order of appointment—Exception
§ 108. Notices to shareholders and creditors
§ 109. Receivers or trustees—Inventory—List of debts and reports
§ 110. Creditors' proof of claims—When barred—Notice
§ 111. Adjudication of claims—Appeal
§ 112. Sale of perishable or deteriorating property
§ 113. Compensation, costs and expenses of receiver or trustee
§ 114. Substitution of trustee or receiver as party—Abatement of actions
§ 115. Liens for wages or products when corporation is insolvent
§ 116. Discontinuance of liquidation
§ 117. Compromise or arrangement between corporation and creditors or shareholders
§ 118. Bankruptcy proceedings under a statute of the United States—Effectuation
ARTICLE 13 RENEWAL, REVIVAL, EXTENSION AND RESTORATION OF CERTIFICATE OF INCORPORATION OR CHARTER
§ 119. Revocation of voluntary dissolution
§ 120. Renewal, revival, extension and restoration of certificate of incorporation
§ 121. Status of corporation
ARTICLE 14 SUITS AGAINST CORPORATIONS, DIRECTORS, OFFICERS OR SHAREHOLDERS
§ 122. Failure of corporation to obey order of Court—Appointment of receiver
§ 123. Failure of corporation to obey writ of mandamus—Quo warranto proceedings for forfeiture of charter
§ 124. Actions against officers, directors or shareholders to enforce liability of corporation— Unsatisfied judgment against corporation
§ 125. Action by officer, director or shareholder against corporations for corporate debt paid
§ 126. Shareholder's derivative action—Allegation of stock ownership
§ 127. Liability of corporation, etc.—Impairment by certain transactions
§ 128. Defective organization of corporation as defense
§ 129. Usury—Pleading by corporation
ARTICLE 15 FOREIGN CORPORATIONS
§ 130. Foreign corporations—Definition—Qualification to do business in Cherokee Nation— Procedure
§ 131. Additional requirements in case of change of name, mailing address, authorized capital or business purpose, or merger or consolidation
§ 132. Exceptions to requirements
§ 133. Change of registered agent upon whom process may be served
§ 134. Violations and penalties
§ 135. Withdrawal of foreign corporation from Cherokee Nation—Service of process on Office of the Principal Chief or his authorized representative
§ 136. Service of process on nonqualifying foreign corporations
§ 137. Actions by and against unqualified foreign corporations
§ 138. Foreign corporations doing business without having qualified—Injunctions
ARTICLE 16 MISCELLANEOUS PROVISIONS
§ 139. Reservation of corporate name
§ 140. Trade names
§ 141. Prohibition on use of name or indistinguishable names—Exceptions
§ 142. Filing and other service fees
§ 142.1. Fees for telephone assistance
§ 143. Duplication of Cherokee Nation General Corporation Act by the Office of the Principal Chief or his authorized representative—Distribution
§ 144. Required filing with the Office of the Principal Chief or his authorized representative following a merger or consolidation, or a change of corporate name
§ 145. Inspection and auditing of books, records, and reports
§ 146. Forms
CHAPTER 2 CHEROKEE NATION LIMITED LIABILITY COMPANY ACT
ARTICLE 1. GENERAL PROVISIONS
§ 201. Short title
§ 202. Scope of act
§ 203. Rights, liabilities and duties under prior statutes
§ 204. Reserved power of Cherokee Nation to amend or repeal; Cherokee Nation Limited Liability Company Act part of limited liability company's certificate of limited liability
§ 205. Definitions
§ 206. Name of limited liability company
§ 207. Reservation of limited liability company name
§ 208. Designated office and agent for service of process
§ 209. Change of designated office or agent for service of process
§ 210. Resignation of agent for service of process
§ 211. Nature of business and powers
ARTICLE 2. ORGANIZATION
§ 212. Limited liability company as legal entity
§ 213. Articles of organization—Filing
§ 214. Articles of organization—Content
§ 215. Articles of organization—Amendment
§ 216. Articles of organization—Execution
§ 217. Delivery of articles of organization and other documents to the Office of the Principal Chief
§ 218. Correcting filed record
§ 219. Certificate of existence or authorization
§ 220. Annual certification for the Office of the Principal Chief
ARTICLE 3. RELATIONS OF MANAGERS TO PERSONS DEALING WITH LIMITED LIABILITY COMPANY
§ 221. Manager as agent of limited liability company
§ 222. Limited liability company liable for member's or manager's actionable conduct
§ 223. Member or manager—Limitation or elimination of liability—Indemnification
ARTICLE 4. RELATIONS OF MEMBERS TO EACH OTHER AND TO LIMITED LIABILITY COMPANY
§ 224. Form of contribution of member
§ 225. Member's liability for contributions
§ 226. Management of limited liability company
§ 227. Managers—Majority vote required
§ 228. Allocation of profits and losses—Distributions
§ 229. Allocation of profits and losses—Distributions
§ 230. Liability for unlawful distributions
§ 231. Member's right to information
§ 232. Members—Voting rights
§ 233. Managers—Duties—Good faith—Liability
§ 234. Liability solely as manager or member
ARTICLE 5. ASSIGNEES AND CREDITORS OF MEMBER
§ 235. Membership interest
§ 236. Assignment of membership interest
§ 237. Rights of assignees
§ 238. Rights of creditors
§ 239. Distributions to members before withdrawal and dissolution
§ 240. Form of distribution—Asset in kind
§ 241. Status of member and distribution
ARTICLE 6. MEMBER'S DISSOCIATION
§ 242. Member's power to dissociate—Wrongful dissociation
ARTICLE 7. WINDING UP LIMITED LIABILITY COMPANY'S BUSINESS
§ 243. Events causing dissolution and winding up of limited liability company's business
§ 244. Winding up limited liability company
§ 245. Right to wind up limited liability company's business
§ 246. Member's or manager's power and liability as agent after dissolution
§ 247. Article of dissolution
§ 248. Article of dissolution
ARTICLE 8. CONVERSIONS AND MERGERS
§ 249. Merger or consolidation
§ 250. Conversion of certain entities to a limited liability company
§ 251. Approval of conversion of a limited liability company
ARTICLE 9. FOREIGN LIMITED LIABILITY COMPANIES
§ 252. Law governing foreign limited liability companies
§ 253. Application for certificate of authority
§ 254. Activities that do not constitute transacting business in Cherokee Nation
§ 255. Issuance of certificate of authority
§ 256. Name of foreign limited liability company
§ 257. Revocation of certificate of authority
§ 258. Cancellation of authority
§ 259. Effect of failure to obtain certificate of authority
§ 260. Action by the Office of the Principal Chief
ARTICLE 10. DERIVATIVE ACTIONS
§ 261. Right of action
§ 262. Proper plaintiff
§ 263. Pleading
§ 264. Expenses
ARTICLE 11. GOVERNMENT-OWNED LIMITED LIABILITY COMPANIES
§ 265. Limited liability companies formed by Cherokee Nation
§ 266. Sovereign immunity of Cherokee Nation wholly-owned limited liability companies
CHAPTER 3 CHEROKEE NATION NONPROFIT CORPORATIONS ACT
§ 301. Short title
§ 302. Purpose
§ 303. Definitions
§ 304. Purposes of a nonprofit corporation
§ 305. Incorporators
§ 306. Articles of incorporation
§ 307. Corporate name
§ 308. Corporate capacity and powers
§ 309. Filing of articles
§ 310. Amendment of articles
§ 311. Organizational meeting
§ 312. Disposition of assets
§ 313. General corporate laws applicable
CHAPTER 4 JOBS GROWTH
§ 401. Short title
§ 402. Purpose
§ 403. Definitions
§ 404. Ownership of certain Cherokee Nation business entities

Title 19. Council
CHAPTER 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. Repealed by LA 34–07, eff. September 13, 2007
§ 5. Publication of Council minutes
CHAPTER 2 COMMITTEES
§ 11. Standing Committees—Establishment
§ 12. Standing Committees—Membership
§ 13. Standing Committees—Jurisdiction and duties
§ 14. Code Subcommittee—Establishment—Composition—Compensation of Members—Meetings
§ 15. Repeal of prior legislation
CHAPTER 3 SALARIES AND EXPENSES
§ 21. Compensation of Council Members—Generally
§§ 22, 23. Repealed by LA 17–09, eff. June 21, 2009
CHAPTER 4 OFFICERS AND MEETINGS
§ 31. President of the Council
§ 32. Secretary of the Council
§ 33. Time and place of sessions
§ 33.5. Attendance by means of electronic interactive device
§ 34. Adjournment of sessions
§ 35. Rules and procedure generally
§ 36. Order of business
§ 37. Roll call votes
§ 37.5. Executive Session
§ 38. Short title
§ 38.1. Purpose
§ 38.2. Legislative intent
§ 38.3. Quorum
§ 38.4. Absence
§ 38.5. Establishment of quorum
§ 38.6. Compelling attendance
§ 39. Legislative Aide
CHAPTER 5 GOVERNMENTAL RECORDS
§ 41. Short title
§ 42. Purpose
§ 43. Findings
§ 44. Definitions
§ 45. Requests for records
CHAPTER 6 SUBPOENA AND INVESTIGATIONS
§ 51. Short title
§ 52. Purpose
§ 53. Definitions
§ 54. Authority to conduct hearings—Procedures
§ 55. Subpoena authority
§ 56. Mandatory compliance

Title 20. Courts
CHAPTER 1 GENERAL PROVISIONS
§ 1. Courts may appoint Interpreter
§ 2. Witness qualifications—Oath
§ 3. Cross-examination
§ 4. Non-attendance of witnesses
§ 5. Costs and attorneys fees
CHAPTER 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 in office of District Judge
§ 16. Salaries—Travel expenses—Disciplinary action
§ 17. Removal from office
§ 18. Clerk
§ 19. Reserved
§ 20. District Court Office
§ 21. Place and terms of District Court proceedings
§ 22. District Court deemed always open—Effect of sessions
§ 23. Judicial Conference
§ 24. Jurisdiction—Generally
§ 25. Jurisdiction—Territorial
§ 26. Writs or orders
§ 27. Rules
CHAPTER 3 SUPREME COURT—ORGANIZATION AND ADMINISTRATION
§§ 31 to 43. Repealed by LA 29–07, eff. October 1, 2007
§ 44. Reimbursement of expenses incurred by members of Supreme Court—Annual disclosure
§ 45. Establishment of a law library—Maintenance and expenditures—Use by Cherokee citizens—Annual disclosure
§ 46. Supplies, material, postage, office equipment, telephone and facsimile expense—Annual disclosure
§ 47. Filing fees and court costs
CHAPTER 4 SUPREME COURT—POWERS AND DUTIES GENERALLY
§ 51. Jurisdiction of Supreme Court generally
§ 51.1. Codification of term "Supreme Court"
§ 52. Superintendence over courts of inferior jurisdiction
§ 53. Supreme Court may prescribe rules of procedure for courts of inferior jurisdiction
§ 54. Supreme Court decisions to have the force of law
§ 55. Publication of decisions of Supreme Court
§ 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
§ 60. Temporary appointment on disqualification or recusal of Justice

APPENDIX I TO TITLE 20
SUPREME COURT RULES AND PROCEDURES
I. IN GENERAL
Rule 1. Rules to be liberally construed
Rule 2. Amendment or rescission of rules
II. PETITION
Rule 3. Withdrawal and dismissal
Rule 4. Assignment and disposition of cases, effectiveness of orders, appeal—Motions for reconsideration—Cases retained for en banc determination
Rule 5. Filing
Rule 6. Requirement of filing fees
Rule 7. Use of fax/e-mail
Rule 8. Form—Jurat or declaration—Number of copies
Rule 9. Contents
Rule 10. Use of Bar Identification number
III. NOTICE
Rule 11. Service of the petition and return
Rule 12. Rejection of petition
Rules 13 to 19. Reserved
IV. SERVICE AND FILING OF PAPERS
Rule 20. Service of pleadings, orders and notices
Rule 21. Date of service—Filing of proof of service
Rule 22. Certification of papers and documents
Rule 23. Signature of orders
Rules 24 to 29. Reserved
V. ANSWER
Rule 30. When and by whom filed—Contents
Rule 31. Place of filing—Service upon other parties—Form
Rule 32. Extension of time for filing
Rule 33. Amendment
Rules 34 to 39. Reserved
VI. MOTIONS
Rule 40. Place of filing—Contents—Service on other parties—Time for filing of motions and responses thereto
Rule 41. Rulings on motions generally
Rule 42. Motions, rulings and orders to be part of the record
Rule 43. Motion to dismiss
Rule 44. Motion for summary judgment
Rule 45. Granting of motion to dismiss entire petition
Rule 46. Filing of answer or other participation in proceedings not deemed a waiver of rights
Rule 47. Intervention
Rules 48, 49. Reserved
VII. APPELLATE PROCEDURE
Rule 50. Who may appeal
Rule 51. Procedure for appeal—Time period to appeal
Rule 52. Appeal
Rule 53. Service of notice of appeal
Rule 54. Bond or supersedeas bond
Rule 55. Stay or injunction
Rule 56. Designation of record
Rule 57. Record of appeal
Rule 58. Certification of the record
Rule 59. Reserved
VIII. BRIEFS
Rule 60. Filing and service of briefs
Rule 61. Briefs
Rule 62. Amicus curiae brief
Rules 63 to 69. Reserved
IX. EX-PARTE COMMUNICATIONS
Rule 70. Communication between Justices or employees of Supreme Court and persons involved in proceedings—Communication between Justices and assistants
Rules 71 to 79. Reserved
X. WITNESSES
Rule 80. Examination of witnesses generally—Depositions
Rule 81. Payment of witness fees and mileage
Rule 82. Pretrial discovery depositions
Rules 83 to 89. Reserved
XI. PRETRIAL PROCESS
Rule 90. Scheduling order
Rule 91. Time for hearing—Certain
Rule 92. Status and simplification conference
Rule 93. Settlement conference
Rule 94. Pretrial order
Rule 95. Purpose of the agreed pretrial order—Expectations and directions for parties
Rule 96. Informal conference to settle discovery dispute
Rules 97 to 99. Reserved
XII. HEARINGS
Rule 100. Duties and powers of Supreme Court Justices generally
Rule 101. Disqualification of Justices
Rule 102. Rights of parties generally—Copies submitted
Rule 103. Applicability of Federal Rules of Evidence and Federal Rules of Civil Procedure
Rule 104. Admissibility of stipulations of fact
Rule 105. Objections to conduct of hearing and/or trial
Rule 106. Opportunity for oral argument—Filings of briefs and proposed findings
Rule 107. Continuances and adjournments
Rule 108. Penalties for misconduct at any proceeding before a Justice
Rule 109. Reserved
XIII. JUDGMENTS
Rule 110. Procedure for obtaining, entering, enforcement and collection of judgments
Rule 111. Full faith and credit
Rule 112. Recognition of other sovereign judgments—Full faith and credit
Rule 113. Declaratory judgments
Rules 114 to 119. Reserved
XIV. ELECTION RECOUNT PROCEDURE
Rule 120. Supervision of recounts by Supreme Court
Rules 121 to 129. Reserved
XV. ATTORNEYS
Rule 130. Eligibility
Rule 131. Temporary admission
Rule 132. Membership in Cherokee Nation Bar required to practice before Cherokee Nation Courts—Qualifications for membership
Rule 133. Oath required
Rule 134. Removal of attorney
Rule 135. Granting special permission to appear before the Court
Rule 136. Choice of counsel
Rule 137. Judge shall not appear as counsel
Rule 138. Discipline by the Court
Rule 139. Filing and processing of grievances
XVI. LAY ADVOCATES
Rule 140. Lay advocates
Rule 141. Registry of lay advocates
Rule 142. Procedure for admission
Rule 143. Fees and dues
Rule 144. Lay advocate withdrawal from case
Rule 145. Discipline by the Court
Rule 146. Statement by litigant
Rules 147 to 149. Reserved
XVII. ARBITRATORS
Rule 150. Workers' compensation disputes
Rules 151 to 159. Reserved
XVIII. MISCELLANEOUS JUDICIAL RULES
Rule 160. Judicial office
Rule 161. Disqualification of Justices
Rule 162. Superintendence over all Courts
Rule 163. Chief Justice
Rule 164. Judicial Conference
Rule 165. Judicial promulgation of rules and procedures

APPENDIX II TO TITLE 20
COURT RULES FOR THE DISTRICT COURT OF CHEROKEE NATION
I. PLEADINGS
Rule 1. Initial pleadings
Rule 2. Requirement of filing fees
Rule 3. Use of fax/e-mail
Rule 4. Court files not to be removed
Rule 5. Exhibits
Rules 6 to 9. Reserved
II. COURTROOM DECORUM
Rule 10. Use of courtrooms
Rule 11. Photographs, broadcasting and televising of judicial proceedings
Rule 12. Courtroom conduct
Rules 13 to 19. Reserved
III. COURT PROCEDURE—CRIMINAL CASES
Rule 20. Initial appearances and bond setting—Telephone
Rule 21. District Court arraignments: Continuances
Rule 22. Notification of entry of appearance of private counsel in criminal cases
Rule 23. Withdrawal of counsel in criminal cases
Rule 24. Expunge order
Rule 25. Transcripts in criminal cases
Rule 26. Public Defender—Duties
Rules 27 to 29. Reserved
IV. COURT PROCEDURE—GENERAL
Rule 30. Voir dire examination
Rule 31. Uniformity of rulings
Rule 32. Vacation of final judgments
Rule 33. Matters taken under advisement
Rule 34. Jury sessions—Motion and demurrer sessions—When and how held—Jury terms
Rules 35 to 39. Reserved
V. DOCKETS
Rule 40. Time of hearing—Set certain
Rule 41. Citation docket
Rules 42 to 49. Reserved
VI. ATTORNEY BOND PRIVILEGES
Rule 50. Procedures concerning release of defendants upon attorney's Affidavit of Responsibility for Court Appearance of Client (O.R. system)
Rules 51 to 59. Reserved
VII. DISQUALIFICATION OF JUDGES
Rule 60. Disqualification of Judges in civil and criminal cases
Rule 61. Disqualification of Trial Judge
Rule 62. Disqualification of Judge, claim of mandamus
Rules 63 to 69. Reserved
VIII. CONTEMPT
Rule 70. Direct contempt
Rule 71. Indigent defendant in civil contempt action—Right to counsel—Attorney fees
Rules 72 to 79. Reserved
IX. COURT REPORTERS
Rule 80. Persons qualified for appointment as Court Reporter
Rule 81. Duties of Reporter—Methods—Transcripts
Rule 82. Transcripts—Access to copies—Costs
Rule 83. Admissibility of transcripts as evidence
Rules 84 to 89. Reserved
X. COURT FUND
Rule 90. Deposit of fees, fines and forfeitures in the Court Fund—Uses—Agent of Fund— Bond
Rule 91. Claims allowable—Approval
Rules 92 to 99. Reserved
XI. PETITION
Rule 100. Contents
Rule 101. Use of bar identification number
Rules 102 to 106. Reserved
XII. SERVICE OF PLEADINGS—DISMISSAL—FRIVOLOUS PLEADING
[Rule 107. Service–Dismissal–Frivolous pleadings]
XIII. BRIEFS
[Rule 108. Briefs—Requirements]
XIV. RESPONSES TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS
[Rule 109. Answers or objections to be preceded by interrogatory or request] XV. PRETRIAL PROCESS
Rule 110. Scheduling order
Rule 111. Pretrial order
Rule 112. Purpose of the agreed pretrial order—Expectations and directions for parties
Rule 113. Application to Withdraw and Order for Withdrawal
Rules 114 to 119. Reserved
XVI. MOTIONS
Rule 120. Place of Filing—Contents—Service on other parties—Time for filing of motions and responses thereto
Rule 121. Rulings on motions—Generally
Rule 122. Motions, rulings and orders to be part of the record
Rule 123. Motion to dismiss
Rule 124. Motion for summary judgment
Rule 125. Filing of answer or other participation in proceedings not deemed a waiver of rights
Rule 126. Intervention
XVII. WITNESS FEES AND MILEAGE
Rule 127. Witness fees and mileage
XVIII. REQUEST FOR JURY TRIAL
Rule 128. Request for jury trial
XIX. ATTORNEYS
Rule 129. Attorneys
XX. LAY ADVOCATES
Rule 129A. Lay advocates
XXI. COURT PROCEDURE—GRIEVANCES
Rule 130. District Court shall review all requests for formal hearings
Rule 131. District Court to determine jurisdiction for formal hearing
Rule 132. Burden of proof—Clear and convincing evidence
XXII. RULES TO BE LIBERALLY CONSTRUED, AMENDMENT AND RESCISSION OF RULES
Rule 140. Rules to be liberally construed
Rule 141. Amendment or rescission of Rules

TITLE 21 CRIMES AND PUNISHMENTS
PART I. IN GENERAL
CHAPTER 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
§ 10a. Punishment of crimes concerning public officials, appointed officials or department heads
§ 11. Specific statutes in other titles as governing—Acts punishable in different ways—Acts not otherwise punishable by imprisonment
CHAPTER 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 or state court sentence
§ 61.5. Return to Cherokee 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
§ 69. Sentence—Transfer to Bureau of Prisons
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 Cherokee Nation Council
§ 142.18. Victim compensation assessments
CHAPTER 3 PERSONS LIABLE TO PUNISHMENT
§ 151. Persons liable to punishment in Cherokee 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
CHAPTER 4 PARTIES TO CRIME
§ 171. Classification of parties
§ 172. Principals defined
§ 173. Accessories defined
§ 175. Punishment of accessories
CHAPTER 6 CRIMES AGAINST THE EXECUTIVE POWER
§ 264. Falsely assuming to be peace officers—Private persons may make arrests
§ 265. Bribing 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
CHAPTER 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
§ 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
CHAPTER 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 Cherokee Nation
§ 359. Penalties
PART II. CRIMES AGAINST PUBLIC JUSTICE
CHAPTER 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
CHAPTER 11 CONSPIRACY
§ 421. Conspiracy—Definition—Punishment
§ 422. Conspiracy outside Cherokee Nation against the peace of the Nation
§ 423. Overt act necessary
§ 424. Punishment for conspiracy against Cherokee Nation
CHAPTER 11A ELECTION FRAUD
§ 425. Voting fraud
§ 426. Unlawful influence of voters
§ 427. Receiving the votes of unqualified voters
§ 428. Tampering with election returns
CHAPTER 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 criminals 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
CHAPTER 13 FALSIFYING EVIDENCE
§ 450. Misprision of crime and false statements to law enforcement
§ 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
CHAPTER 14 FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS
§ 461. 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
CHAPTER 15 ILLEGAL USE OF GOVERNMENT DOCUMENTS
§ 471. Criminal activity with respect to Cherokee Nation citizenship
CHAPTER 16 NEPOTISM
§ 481. Repealed by LA 34–07, eff. September 13, 2007
§ 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 chapter
§ 487. Officers affected
CHAPTER 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
CHAPTER 18 RESCUES
§ 521. Rescuing prisoners
§ 522. Taking goods from legal custody
CHAPTER 19 OTHER CRIMES AGAINST PUBLIC JUSTICE
§ 531. Injury to records—Embezzlement by officer
§ 532. Permitting escapes
§ 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. Prosecutor advising the defense
§ 557. Attorneys may defend themselves
§ 565. Definition of direct contempt and indirect contempt
§ 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
§ 567. Indirect contempts—Notice—Trial by jury—Appearance bond
§ 567.1. Indirect contempt for failure to pay child support—Purge fee
§ 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 bringing action or procuring arrest in false name § 587. False certificate by public officer
§ 588. Recording of petit jury proceedings—Listening or observing—Penalty
§ 589. False reporting of crime
PART III. CRIMES AGAINST THE PERSON
CHAPTER 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
§ 645. Assault, battery, or assault and battery with a dangerous weapon 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 battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider—Punishment
CHAPTER 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.
CHAPTER 22 DUELS AND CHALLENGES
§ 661. Duel defined
§ 662. Punishment for dueling
CHAPTER 23 CRIMINAL ASSAULTS
§ 681. Assaults with intent to commit crime; Punishment
CHAPTER 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 in the first degree defined
§ 712. Liability of physicians
§ 713. Killing an unborn quick child
§ 715. 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
CHAPTER 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
CHAPTER 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. Premeditated design
§ 758. Recovery before trial at bar—Conviction of assault and battery
§ 759. Punishment for maiming
CHAPTER 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
CHAPTER 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
CHAPTER 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—Penalties
§ 843.1. Caretaker—Abuse, neglect or financial exploitation of charge
§ 843.2. Verbal abuse by caretaker
§ 843.3. Abuse or exploitation of vulnerable adult by non-caretaker
§ 843.4. Exploitation of elderly persons or disabled adults
§ 844. Ordinary force as means of discipline not prohibited
§ 845. Repealed by LA 20–08, eff. January 12, 2009
§ 846. Mandatory reporting of physical abuse or birth of chemically-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 structures with explosives—Penalty
INTIMIDATION OR HARASSMENT
§ 850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability—Standardized reporting system
PART IV. CRIMES AGAINST PUBLIC DECENCY AND MORALITY
CHAPTER 31 ABANDONMENT AND NEGLECT OF WIFE OR CHILDREN
§ 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 fifteen—Penalty
§ 854. Proof of marriage—Wife as competent witness—Duty of prosecutor to prosecute
CHAPTER 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 parents' or others' care
CHAPTER 32 CONCEALING DEATH OF CHILDREN
§ 863. Concealing stillbirth or death of child
CHAPTER 32A TRAFFICKING IN CHILDREN
§ 865. Definitions
§ 866. Elements of offense
§ 867. Punishment
§ 868. Partial invalidity
§ 869. Construction of act
CHAPTER 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—Penalty
§ 886. Crime against nature
§ 887. Crime against nature, what penetration necessary
§ 888. Repealed by LA 20–08, eff. January 12, 2009
CHAPTER 35 CHILD STEALING
§ 891. Child stealing—Punishment
CHAPTER 36 CRIMES AGAINST RELIGION AND CONSCIENCE
§ 913. Compelling form of belief
§ 914. Preventing religious act
§ 915. Disturbing religious meeting
CHAPTER 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
§ 946. Illegal use of building or vessel—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 property 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 board—Acts prohibited—Punishment
§ 978. Bingo and regulated gaming 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
§ 991. 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
CHAPTER 39 CHEROKEE NATION OBSCENITY AND CHILD PORNOGRAPHY ACT
§ 1021. Indecent exposure—Indecent exhibitions—Obscene material or child pornography— Solicitation of minors
§ 1021.1. Application
§ 1021.2. Minors—Child pornography
§ 1021.3. Guardians, parents, custodians—Consent to participation of minors in child pornography
§ 1021.4. Duty to report obscene or pornographic material depicting minors—Penalty
§ 1022. Obscene material or child pornography, by whom seized and to whom delivered
§ 1023. Child pornography or obscene material, how disposed of
§ 1024. Attorney General to destroy indecent articles, when
§ 1024.1. Definitions
§ 1024.2. Purchase, procurement or possession of child pornography—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 mailings—Penalty
§§ 1040.9, 1040.10. Repealed by LA 20–08, eff. January 12, 2009
§ 1040.11. Short title
§ 1040.13. Acts prohibited
§ 1040.13a. Facilitating, encouraging, offering or soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor
§ 1040.14. Action for adjudication of obscenity or child pornographic content of mailable matter
§ 1040.15. Petition
§ 1040.16. Summary examination of material—Dismissal or show cause order
§ 1040.17. Answer
§ 1040.18. Trial—Evidence
§ 1040.19. Destruction—Injunction
§ 1040.20. Sending or selling of materials with knowledge of judgment
§ 1040.21. Contempt
§ 1040.22. Extradition
§ 1040.23. Presumptions
§ 1040.24. Jurisdiction—Service of process—Fines—Execution against property
§ 1040.51. Repealed by LA 20–08, eff. January 12, 2009
§ 1040.52. Showing at outdoor theaters of pictures depicting sexual intercourse prohibited under certain conditions—Penalty
§ 1040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibition of obscene motion pictures
§ 1040.54. Seizure and forfeiture of equipment used in certain offenses relating to obscene material or child pornography
§ 1040.75. Definitions
§ 1040.76. Material or performances harmful to minors—Prohibited acts
§ 1040.77. Violations—Penalties
CHAPTER 40 JUNK DEALERS
§ 1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence
CHAPTER 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. Offering or transporting child for purpose of prostitution—Penalty
§ 1088. Child under eighteen years of age—Inducing, keeping, detaining or restraining for prostitution—Punishment
CHAPTER 45 RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN AND SEDUCTION
§ 1111. Rape defined
§§ 1111.1, 1112. Repealed by LA 20–08, eff. January 12, 2009
§ 1113. Slight penetration sufficient to complete crime
§§ 1114, 1115. Repealed by LA 20–08, eff. January 12, 2009
§ 1116. Punishment for rape in second degree
§ 1117. Compelling woman to marry
§ 1118. Intent to compel woman to marry
§ 1119. Abduction of person under eighteen
§ 1123. Lewd or indecent proposals or acts as to child under eighteen
§ 1123.1. Sexual battery
§ 1124. Using computer networks to violate Cherokee Nation statutes
§ 1125. Zone of safety
CHAPTER 46 DOMESTIC ABUSE
§ 1130. Domestic abuse assault and battery—Definition
§ 1131. Domestic abuse assault and battery—Punishment
§ 1132. Assault and battery domestic abuse by strangulation—Definition
§ 1133. Domestic abuse strangulation—Punishment
§ 1134. Stalking
CHAPTER 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 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 entitled 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
HUMAN SKELETAL REMAINS AND BURIAL FURNITURE
§ 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
CHAPTER 47A GENERAL AND MISCELLANEOUS PROVISIONS
§ 1171. Loitering around residence to watch occupants
§ 1172. Obscene, threatening or harassing telephone calls—Penalty
PART V. CRIMES AGAINST PUBLIC HEALTH AND SAFETY
CHAPTER 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 (HIV)
§ 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. Dump near highway a nuisance
§ 1205. 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
DISASTER AREAS
§ 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
§ 1214. Radio or other electronic units capable of receiving on police frequencies—Illegal use defined
§ 1215. Intoxicating beverages—Possession by persons under age twenty-one 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
CHAPTER 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
CHAPTER 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
CHAPTER 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 or giving weapons to minors
§ 1276. Degree of punishment
§ 1277. Public buildings and gatherings
§ 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
CHEROKEE NATION FIREARMS ACT OF 1971
§ 1289.1. Short title
§ 1289.2. Council findings
§ 1289.3. "Pistol" defined
§ 1289.4. "Rifle" defined
§ 1289.5. "Shotgun" 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 and/or body armor—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
CHAPTER 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
CHAPTER 55 OTHER CRIMES AGAINST PUBLIC PEACE
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
CHAPTER 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
CHAPTER 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
CHAPTER 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
CHAPTER 60 EXTORTION AND BLACKMAIL
§ 1481. Extortion defined
§ 1482. Threats constituting extortion
§ 1483. Punishment for extortion
§ 1484. Extortion under color of official right
§ 1485. Obtaining signature by extortion
§ 1486. Letters, threatening
§ 1487. Attempting to extort money
§ 1488. Blackmail
CHAPTER 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. False or bogus checks
§ 1541.2. False or bogus check; notice of complaint; procedure
§ 1541.3. Repealed by LA 25–02, eff. August 22, 2002
§ 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
CHAPTER 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
CHAPTER 67 INJURIES TO ANIMALS
§ 1681. 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
CHAPTER 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
CHAPTER 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 21 CNCA § 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
CHAPTER 70 OTHER OFFENSES AGAINST PROPERTY RIGHTS
§ 1835. Trespass on posted property after being forbidden or without permission— 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 NUMBERS 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
PART VIII. CONTROLLED DANGEROUS SUBSTANCES
CHAPTER 75 UNIFORM CONTROLLED DANGEROUS SUBSTANCES ACT
ARTICLE I. DEFINITIONS
§ 2101. Definitions
§ 2101.1. Drug paraphernalia—Factors used in determining
§ 2103.1. Investigations—Subpoena power
§ 2107. Narcotics Revolving Fund
ARTICLE II. STANDARDS AND SCHEDULES
§ 2201. Future "controlled dangerous substances" included
§ 2202. Nomenclature in schedules
§ 2203. Schedule I characteristics
§ 2204. Schedule I
§ 2205. Schedule II characteristics
§ 2206. Schedule II
§ 2207. Schedule III characteristics
§ 2208. Schedule III
§ 2209. Schedule IV characteristics
§ 2210. Schedule IV
§ 2211. Schedule V characteristics
§ 2212. Schedule V
ARTICLE IV. OFFENSES AND PENALTIES
§ 2401. Prohibited acts A—Penalties
§ 2401A. School property—Distribution, dispensing or possession of controlled dangerous substance or Imitation with intent to distribute
§ 2402. Prohibited acts B—Penalties
§ 2403. Prohibited acts C—Penalties
§ 2404. Prohibited acts D—Penalties
§ 2405. Prohibited acts E—Penalties
§ 2407. Prohibited acts G—Penalties
§ 2407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited—Exemptions—Penalties
§ 2408. Endeavor and conspiracy
§ 2409. Additional penalties
§ 2410. Conditional discharge for possession as first offense
§ 2411. General penalty clause
§ 2412. Second or subsequent offenses
§ 2413. Bar to prosecution
§ 2413.1. Gasoline or paint sniffing illegal
TRAFFICKING IN ILLEGAL DRUGS ACT
§ 2414. Short title
§ 2415. Application—Fines and penalties
§ 2416. Apportionment of fines
§ 2417. Drug Abuse Education Revolving Fund
§ 2418. Distributing controlled substance within 1,000 feet of educational facilities, recreation centers or public parks—Penalties
§ 2419. Use of minors in transportation, sale, etc. of controlled dangerous substances— Penalties
ARTICLE V. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
§ 2501. Powers of enforcement personnel
§ 2502. Inspections
§ 2503. Property subject to forfeiture
§ 2503.1. Transactions involving proceeds derived from illegal drug activity prohibited— Penalties
§ 2503.2. Assessment for violation of act
§ 2504. Seizure of property
§ 2505. Summary forfeiture of certain substances
§ 2506. Seizure of property—Notice of seizure and intended forfeiture proceeding—Verified answer and claim to property—Hearing—Evidence and proof—Proceeds of sale
§ 2507. Itemization and submission for destruction
§ 2508. Destruction of seized property
§ 2509. Eradication
§ 2510. Defenses—Descriptions
ARTICLE VI. MISCELLANEOUS
§ 2603. Uniformity of interpretation
§ 2604. Short title
§ 2606. Severability
§ 2608. Headings

TITLE 22 CRIMINAL PROCEDURE
CHAPTER 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 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
CHAPTER 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
RESISTANCE TO EXECUTION OF PROCESS
§ 93. Refusal to assist officer a misdemeanor
CHAPTER 3 JURISDICTION AND COMMITMENT
JURISDICTION AND VENUE
§ 121. Offenses commenced outside and consummated within 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 arrester
§ 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
CHAPTER 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 first pleading
REQUISITES AND SUFFICIENCY OF INDICTMENT OR INFORMATION
§ 401. Requisites of information
§ 402. Information 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
CHAPTER 7PROCEEDINGS 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 no 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
CHAPTER 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. Exception to the challenge
§ 664. Trial of challenges
§ 665. Trial of challenge—Examining jurors
§ 666. Other witnesses
§ 667. Ruling on challenge
ORDER OF TAKING CHALLENGES
§ 691. Challenges to individual jurors
§ 692. Order of challenges for cause
§ 693. Peremptory challenges
CHAPTER 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
§ 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
CHAPTER 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 twelve years of age or younger
§ 753. Taking testimony of child age twelve 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
CHAPTER 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
CHAPTER 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
§ 851. Jury may view place—Custody of sworn officer
§ 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
CHAPTER 13 JURY—DELIBERATIONS AND CONDUCT
§ 891. Jury room—Expenses of providing
§ 893. Jury may have written instructions, forms of verdict and documents injury 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
CHAPTER 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 discharged on acquittal—Variance resulting in acquittal may authorize new charges
§ 924. Commitment upon conviction
§ 925. Claim of insanity—Duty of Court and jury—Commitment to institution
§ 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
CHAPTER 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
CHAPTER 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 criminals—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
§ 991A–10. 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—Restitution administration fee—Drug and alcohol testing fees
§ 991F. Definitions
§ 994. Suspension of judgment and sentence after appeal
§ 995. Administration of probation—Parole services
§ 996. The Powers of the Court
§ 997. Community service unit
CHAPTER 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 Supreme Court
§ 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
CHAPTER 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
§ 1115.5. Appearance before Magistrate before bail set in certain cases
§ 1115.6. Consideration of certain victims' safety prior to release of defendant on bond—Emergency protective, restraining orders and condition of release
CHAPTER 20 FUGITIVES FROM JUSTICE
§ 1141. Extradition
CHAPTER 21 HABEAS CORPUS
§ 1151. Habeas corpus for person to testify or be surrendered on bail
CHAPTER 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
DETERMINATION OF COMPETENCY—PROCEDURE
§ 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
CHAPTER 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 warrant—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
CHAPTER 25 MISCELLANEOUS PROVISIONS
IN GENERAL
§ 1271. Compensation of Counsel assigned defendant
§ 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 DEFENDAN
§ 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

TITLE 23 DAMAGES
Reserved for Future Use

TITLE 24 DEBTOR AND CREDITOR
CHAPTER 1 USE OF PROPERTY TO SECURE DEBTS OF SPOUSE
§ 1. Use of property to secure debts of spouse

TITLE 25 DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 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 of laws not included—Affirmation of laws included in this Code
§ 7. Codification of laws
§ 8. Code Subcommittee—Establishment—Composition—Compensation of members—Meetings
§ 9. Code Subcommittee—Powers and duties generally
§ 10. Code Subcommittee—Review of bills and resolutions
CHAPTER 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

TITLE 26 ELECTIONS
§ 1. Purpose
§ 2. Authority
§ 3. Definitions
§ 4. Tenure of elected officials
§§ 5 to 10. Reserved
CHAPTER 2 SUPERVISORY BODIES AND ELECTION SERVICES OFFICE
§ 11. Cherokee Nation Election Commission
§ 12. Precinct Boards
§ 13. Oath
§ 14. Election Services Office
§§ 15 to 20. Reserved
CHAPTER 3 QUALIFICATIONS AND REGISTRATION OF VOTERS
§ 21. Eligibility to vote
§ 22. Registration process
§ 23. Voter database—Coordination with Registrar—Preparation of list of voters
§ 24. Removal of names from the voter lists
§ 25. Obtaining list—Duplication of list
§§ 26 to 30. Reserved
CHAPTER 4 QUALIFICATIONS OF AND FILING BY CANDIDATES
§ 31. General qualifications of candidates for elective office—Certifications and acknowledgments
§ 32. Special qualifications for Principal Chief and Deputy Principal Chief
§ 33. Special qualifications for Council
§ 34. Establishment of residency
§ 35. Filing fees generally
§ 36. Filing of candidacy—Withdrawal of candidacy
§ 37. Challenges
§ 38. Interference with and improper influences of the Election Commission
§§ 39, 40. Reserved
CHAPTER 5 DISCLOSURE OF CAMPAIGN FINANCES
§ 41. Definitions
§ 42. Designation of financial agent filing—Penalty
§ 43. Restrictions related to contributions
§ 44. Candidate requirements related to acceptance of campaign contributions and expenditures
§ 45. Sanctions for violations of contribution and expenditure requirements and prohibitions
§ 46. Financial disclosure report—Forms—Time of filing—corrections—Late filing—Failure to file
§ 47. Financial disclosure report—Contents
§§ 48 to 50. Reserved
CHAPTER 6 CONDUCT OF ELECTIONS
ARTICLE I. GENERAL PROVISIONS
§ 51. Official election dates—Notice
§ 52. Electioneering
§ 53. Watchers
§§ 54 to 60. Reserved
ARTICLE II. VOTING GENERALLY
§ 61. Precinct and hours—Notice
§ 62. Manner of voting generally
§ 63. Voting by persons with physical disabilities or language barriers
§ 64. Challenged ballots
§ 65. Spoiled ballots
§ 66. Mutilated ballots
§§ 67 to 70. Reserved
ARTICLE III. ABSENTEE VOTING
§ 71. Allowance of absentee voting
§ 72. Requests for absentee ballots generally
§ 73. Time for filing of requests for absentee ballots—Furnishing of ballots generally
§ 74. Procedure upon rejection of application for absentee ballot
§ 75. Transmittal of ballots to voters generally—Preparation of record of ballots issued
§ 76. Form of absentee ballot
§ 77. Material to accompany absentee ballot generally
§ 78. Return of absentee ballot
§ 79. Handling of returned absentee ballot generally
§ 80. Handling of spoiled absentee ballot
§ 81. Furnishing list of voters requesting absentee ballots to precincts
§ 82. Crediting of absentee voters
§§ 83 to 90. Reserved
ARTICLE IV. COUNT AND RETURN OF VOTES—RECOUNTS AND RUNOFFS
§ 91. Processing of absentee ballot affidavits
§ 92. Counting of absentee ballots
§ 93. Counting—certificate of votes and consolidated return—Preservation of materials— Certification of results
§ 94. Recounts
§ 95. Runoffs
§§ 96 to 100. Reserved
ARTICLE V. CHALLENGES TO ELECTION RESULTS
§ 101. Procedure for election appeals generally
§ 102. Conduct of appeal hearings
§ 103. New election where determination of contest impossible

TITLE 27 ENVIRONMENTAL QUALITY
CHAPTER 1 ENVIRONMENTAL PROTECTION COMMISSION
§ 100. Short title
§ 101. Establishment of the Cherokee Nation Environmental Protection Commission
§ 102. Regulations
§ 103. Personal jurisdiction
§ 104. Territorial jurisdiction
§ 105. Repealed by LA 31–04, eff. July 16, 2004
§ 106. EPA authorization
§ 107. Severability
§ 108. Applicability
§ 109. Review of Commission actions
§ 110. Removal of Commissioners
CHAPTER 2 DEFINITIONS AND GENERAL PROVISIONS
§ 201. Definitions
§ 202. Supplemental definitions
§ 203. Rules and adoption by reference
§ 204. Authorities
§ 205. Inspections and records
§ 206. Pollution unlawful
§ 207. Administrative proceedings
§ 208. Violations and penalties
§ 209. Environmental Quality Revolving Fund
CHAPTER 3 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
CHAPTER 4 AIR QUALITY
§ 401. Short title
§ 402. Purpose
§ 403. Reserved
§ 404. Definitions
§ 405. Powers and duties
§ 406. Controlled open burning
§ 407. Rules and regulations § 408. Delegation of authority
§ 409. Variances
§ 410. Violations
§ 411. Reserved
§ 412. Comprehensive permitting program—Issuance, denial or renewal
§ 413. Permit fees—Environmental Programs Revolving Fund
§ 414. Implementation and enforcement of federal emission standards—Oil and gas well and equipment emissions
§ 415. Reserved
§ 416. Violations—Penalties
§ 417. Civil actions
CHAPTER 5 HISTORICAL AND CULTURAL PRESERVATION
CHAPTER 6 SOLID WASTE
GENERAL PROVISIONS
§ 601. Short title § 602. Purpose
§ 603. Definitions
§ 604. Policy
§ 605. Powers and duties
§ 606. Authority to administer and implement federal laws and programs
§ 607. Cherokee Nation Recycling Initiative
§ 608. Permit required—Exemptions
§ 609. Disclosure statement upon application—Revocation, or refusal to issue, amend, modify, renew or transfer permit—Failure to disclose or stating false information—Penalty
§ 610. Availability of administrative permit hearing
§ 611. Appeal of issuance of permit—Stay of time restraints
§ 612. Nonhazardous industrial solid waste landfills—Permit—Restrictions
§ 613. Site closure plan—Financial security
§ 614. Vegetation plan
§ 615. Scales—Fees, exemptions—Expenditure of funds—Recycling project contracts— Annual report
§ 616. Development of plan
STORAGE TANK ACCOUNTABILITY AND REGULATORY SYSTEM (STARS)
§ 661. Short title
§ 662. Legislative intent—Public policy
§ 663. Definitions
§ 664. Exemptions and case-by-case determinations
§ 665. Environmental Programs designated to administer certain federal programs
§ 666. Powers and duties
§ 667. Registration, fees and permit applications
§ 668. Operation without permit prohibited—Application form—Denial, refusal to issue, suspension or revocation—Financial responsibility coverage
§ 669. Rules governing storage tank systems
§ 670. Releases from storage tank systems—Reporting
§ 671. Release from storage tank system—Corrective action
§ 672. Emergency response plans, coordination and incidental powers § 673. Inspections and investigations—Violations—Notice—Failure to take corrective action—Hearings—Orders—Access to real property
§ 674. Penalties
§ 675. Records, reports and information—Public inspection—Confidentiality—Disclosure to federal or tribal representatives
CHAPTER 7 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
CHAPTER 8 PESTICIDE APPLICATION NOTIFICATION SYSTEM
§ 801. Short title
§ 802. Purpose
§ 803. Definitions
§ 804. Establishment of policies
CHAPTER 9 WATER QUALITY CODE
GENERAL PROVISIONS
§ 900. Short title
§ 901. Declaration of policy and authority
§ 902. Definitions
§ 903. Powers and duties of Commission
§ 904. Unlawful acts
DISCHARGE ELIMINATION AND CONTROL
§ 905. Short title
§ 906. Duty of Commission to promulgate rules and set requirements for discharges
§ 907. Issuance of discharge permits—Availability of records, reports or other information
§ 908. Discharge without permit unlawful
§ 909. Reserved
WATER SUPPLY SYSTEMS
§ 910. Short title
§ 911. Cooperation with federal agendas
§ 912. Rules and standards
§ 913. Reserved
§ 914. Waterworks—Filing of plans and surveys
§ 915. Investigations of sanitary quality of water
§ 916. Orders
§ 917. Groundwater supplies
§ 918. Wellhead and water supply protection program
§ 919. Water supply protection education program
§§ 920 to 929. Reserved
WASTE STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL
§ 930. Short title
§ 931. Wastewater treatment or sewer systems
§ 932. Construction, operation and extension of treatment systems
§ 933. Requirements for public sewage disposal systems—Planning residential development
§ 934. Sludge
§ 935. Activities requiring permit—Construction of impoundments, land application, new outfalls or major changes
§ 936. Rules—Application
§ 937. Underground injection of hazardous and nonhazardous liquids
CHAPTER 10 SCENIC RIVERS
§ 1001. Short title
§ 1002. Designation of scenic river areas
§ 1003. Legislative intent
§ 1004. Cooperation and support of people and agencies—Purpose of act
§ 1005. Littering and TMDLs
§ 1006. Notice and hearing as to designation of additional scenic areas
§ 1007. Scenic rivers
CHAPTER 11 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT [CN CERCLA]
CHAPTER 12 LEAD-BASED PAINT
§ 1201. Short title
§ 1202. Purpose
§ 1203. Definitions
§ 1204. Lead-Based Paint Program
§ 1205. Enforcement
CHAPTER 13 HAZARDOUS WASTE CODE § 1301. Short title
§ 1302. Purpose and general provisions
§ 1303. Definitions
§ 1304. Powers and duties
§ 1305. The Commission shall develop rules and the Administrator shall have the authority to implement measures and requirements that
§ 1306. Adoption of federal requirements by reference
§ 1307. Rules
§ 1308. Prohibition of new disposal sites—Permits required
§ 1309. Permits—Limitation on persons eligible—Disclosure of information
§ 1310. Special restrictions applicable in Indian Country
§ 1311. Disposal—Restrictions applicable to impoundments and landfills
§ 1312. Prohibited disposal—Treatment, storage recycling, or disposal (TSRD) sites
§ 1313. Hazardous waste facility construction to be supervised
§ 1314. Issuance of permits—Suitability of facility—Administrative procedures
§ 1315. New permits—Suitability of roads and bridges
§ 1316. Permits—Application—Liability insurance—Bond—Financial responsibility— Operation of facility—Insolvency—Liability of guarantors
§ 1317. Facilities that recycle hazardous waste—Permit requirements, exemption— Prohibition of burning certain hazardous waste as fuel
§ 1318. Fees
§ 1319. Permit issuance notice—Notice of remediation of related action taken—Interference with remediation
§ 1320. Monitoring of closed facility
§ 1321. Hazardous waste manifest
§ 1322. Inspections—Administrative proceedings—Records—Violations—Penalties
CHAPTER 14 UNDERGROUND INJECTION CONTROL
§ 1401. Short title
§ 1402. Purpose
§ 1403. Definitions
§ 1404. Prohibitions
§ 1405. Permit required
§ 1406. Minimum requirements
§ 1407. Power and duties
§ 1408. Additional authorities
§ 1409. Violations and penalties
CHAPTER 15 REDUCE, REUSE AND RECYCLE
§ 1501. Short title
§ 1502. Purpose
§ 1503. Definitions
§ 1504. Policies and programs

TITLE 28 ETHICS
CHAPTER 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
CHAPTER 2 SOLICITATION, CONFLICTS OF INTEREST AND DEALINGS WITH RELATIVES
§ 11. Solicitation prohibited
§ 12. Involvement in business decision—Crime defined
§ 13. Resolution of conflict issues not defined by statute
§§ 14 to 18. Reserved
§ 19. Employment of relatives of elected officials permitted
§ 20. Contracting with relatives of elected officials
§ 21. Solicitation of employment and appointment of relatives of appointed and elected officials unlawful
CHAPTER 3 JUDICIAL REVIEW
§ 31. Right to judicial review not abrogated

TITLE 29 GAME AND FISH
CHAPTER 1 HUNTING AND FISHING
§ 101. Short title
§ 102. Legislative intent and purpose
§ 103. Adoption by reference—Laws of adjacent states and nations
§ 104. Modification of laws adopted by reference
§ 105. Requirements of the state
§ 106. License requirements
§ 107. Registration—Checkpoints
§ 108. Rules
§ 109. Management plans
§ 110. Permission to enter lands and general requirements
§ 111. Violations
§ 112. Enforcement and field citations
§ 113. Appeals and authority of District Court

TITLE 30 GUARDIANSHIP AND CONSERVATORSHIP
CHAPTER 1 GUARDIANSHIPS
§ 1. Short title
§ 2. Purpose
§ 3. Existing guardianships or conservatorships—Compliance with act
§ 4. Definitions
§ 5. Types of guardianships
§ 6. Persons and property subject to act—Parental rights
§ 7. Jurisdiction
§ 8. Jurisdiction of Court over guardians and guardianship proceedings
§ 9. Guardians ad litem
§ 10. Duties and powers of guardians—Annual review
§ 11. Confidential information filed with court
§ 12. Letters of guardianship
§ 13. Filing of petition and eligibility—Costs
§ 14. Contents of petition—Additional information submitted prior to hearing on petition
§ 15. Appointment of guardian of minor—Notice—Intervention
§ 16. Nomination and appointment by minor—Age of minor
§ 17. Appointment of guardian when minor has attained fourteen years of age
§ 18. Order of preference
§ 19. Temporary guardianship
§ 20. Cessation of power of guardian
§ 21. Minor ward at majority—Release of guardian
§ 22. Discharge of guardian by Court
§ 23. Guardianship report
§ 24. Order of guardianship
§ 25. Guardianship plan
§ 26. Setting of initial review hearing
§ 27. Compensation
§ 28. Bond
§ 29. Trust property
§ 30. Annual accounting
§ 31. Inquiry to determine suitability of guardian
§ 32. Applications to Court for relief—Contents—Notice and hearing—Order— Appointment of counsel—Joinder—Hearing without notice
§ 33. Two or more guardians
§ 34. Death of one of two or more joint guardians
§ 35. Nonresident ward's guardian—Notice
§ 36. Powers of guardian of nonresident ward
§ 37. Jurisdiction of first appointment
§ 38. Payment of just debts
§ 39. Collection and settlement of accounts—Appearance for ward
§ 40. Estate management—Income applied to maintenance and support of ward—Sale of realty
§ 41. Execution of waivers or consents for wards
§ 42. Causes for removal of guardians
§ 43. Removal or resignation of guardian
§ 44. Discharge of unnecessary guardianship
§ 45. Civil liability of guardians or petitioners—Damages—Willful or malicious filing of false petition or application
§ 46. Concealment or embezzlement citation

TITLE 31 HERITAGE AND CULTURE
CHAPTER 1 GENERAL PROVISIONS
§ 101. Short title and purpose
§ 102. Establishment of official languages
§ 103. Language maintenance
§ 104. Education
§ 105. Employment
CHAPTER 2 ART AND FACILITIES
§ 201. Short title
§ 202. Purpose
§ 203. Definitions
§ 204. Historically and culturally appropriate artwork in Cherokee Nation facilities and properties
CHAPTER 3 ARTS AND CRAFTS COPYRIGHT
§ 301. Short title
§ 302. Purpose
§ 303. Definitions
§ 304. Purchase of copyright prohibited
CHAPTER 4 TRUTH IN ADVERTISING FOR NATIVE ART
§ 401. Short title
§ 402. Purpose
§ 403. Definitions
§ 404. Authentic Indian art—Registry—Inventory

TITLE 32 HISTORICAL SOCIETIES AND ASSOCIATIONS
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 1A VIOLATIONS—PENALTIES
§ 2.1. Damage to historical site
CHAPTER 20 REGISTER OF HISTORIC PLACES
§ 361. Anthropological and archaeological projects

TITLE 33 HOUSING
CHAPTER 1 CHEROKEE NATION MORTGAGE FORECLOSURE ACT
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
§ 4. Priority of liens
§ 5. Recording
§ 6. Foreclosure procedures
§ 7. Foreclosure complaint and summons
§ 8. Service of process and procedures
§ 9. Cure of default by subordinate lienholder
§ 10. Judgment and remedy
§ 11. Foreclosure evictions
§ 12. No merger of estates
§ 13. Certified mailing to Nation and lessor
§ 14. Intervention
§ 15. Appeals
CHAPTER 2 HOUSING AUTHORITY ADVISORY BOARD
§ 21. Advisory board of directors

TITLE 34 INITIATIVE AND REFERENDUM
CHAPTER 1 REFERENDUM AND INITIATIVE PROCEDURES
§ 1. Short title
§ 2. Purpose
§ 3. Form of referendum petition
§ 4. Form of initiative petition
§ 5. Canvass procedure
§ 6. Who may sign petition and vote—Penalties
§ 7. Time for submission of initiated and referred measures
§ 8. Distribution of information regarding process
§ 9. Petitions and signatures
§ 10. Filing and binding
§ 11. Approval and preservation
§ 12. Verification of signatures
§ 13. Physical count of signatures
§ 14. Numbering petitions
§ 15. Filing copy of proposed petition
§ 16. Effect of filing petition
§ 17. Protest
§ 18. Publication of measures
§ 19. Filing—Official ballots—Review

TITLE 35 RESERVED
Reserved for Future Use

TITLE 36 INSURANCE
Reserved for Future Use

TITLE 37 INTOXICATING LIQUORS
CHAPTER 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Definitions
§ 3. Powers of enforcement
§ 4. Sales of liquor
§ 5. Taxes
§ 6. Rules, regulations, and enforcement

TITLE 38 JURORS
CHAPTER 1 GENERAL PROVISIONS
§ 1. Limitations on who may serve on jury
§ 2. Inability of jury to reach verdict

TITLE 39 RESERVED
Reserved for Future Use

TITLE 40 LABOR AND EMPLOYMENT
CHAPTER 1 GENERAL PROVISIONS
§ 101. Short title
§ 102. Purpose
§ 103. Definitions
§ 104. Time computation
§ 105. Notification of prospective and current employers of obligations and rules, regulations and orders
§ 106. Filing of reports, etc.—Inspections and investigations—Inspection and copying of records
CHAPTER 2 TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)
§ 201. Tribal Employment Rights Office—Establishment, authority and duties
§ 202. Adoption of rules, regulations, policies and guidelines
§ 203. Funds
CHAPTER 3 PREFERENCE IN EMPLOYMENT
§ 301. Indian preference requirements generally
§ 302. Indian preference in contracting and subcontracting
§ 303. Preference in promotions
§ 304. Preference in employment of students
§ 305. Establishment and review of numerical goals for Indian employment generally
§ 306. Participation in training programs by employers
§ 307. Establishment by TERO staff of counseling and other support programs— Cooperation by employers
§ 308. Use of job qualification criteria and personnel requirements by employers
§ 309. Implementation of layoffs and reductions in force by employers
§ 310. Duties of contractors and subcontractors—Liability of employers for violations by contractors and subcontractors
§ 311. Establishment and administration of job bank—Recruitment and hiring of personnel by employers
§ 312. Prohibition on brokering and fronting services
CHAPTER 4 UNION AGREEMENTS
§ 401. Duties of unions generally
§ 402. Contents of union agreements
§ 403. Model union agreement
§ 404. Recognition of unions or endorsement of union activities
CHAPTER 5 COMPLAINTS AND HEARINGS
§ 501. Filing of complaints by TERO and proceedings thereon generally
§ 502. Filing of complaints by Indians and proceedings thereon generally—Penalties for retaliatory actions by employers against employees filing complaints
§ 503. Reserved
§ 504. Notice of hearings
§ 505. Conduct of hearings
CHAPTER 6 ENFORCEMENT AND REMEDIES
§ 601. Penalties for violations of Title and rules, regulations or orders of the TERO or Administrative Appeals Board
CHAPTER 7 APPEALS
§ 701. Appeals from decisions of Administrative Appeals Board
§ 702. Employee Appeals Board—Change of name
CHAPTER 8 DOMESTIC VIOLENCE LEAVE
§ 801. Discharges for absence from employment due to domestic violence prohibited
§ 802. Penalty for violation
CHAPTER 9 MINIMUM WAGE
§ 901. Short title
§ 902. Purpose
§ 903. Definitions
§ 904. Minimum wage
§ 905. Exemptions

TITLE 41 LANDLORD AND TENANT
CHAPTER 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
CHAPTER 2 RESIDENTIAL LANDLORD AND TENANT ACT
§ 100. Short title
§ 101. Definitions
§ 102. Rights, obligations and remedies—Enforcement
§ 103. Application
§ 104. Reserved
§ 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
§ 114. Reserved
§ 115. Damage or security deposits
§ 116. Person to accept service or notice—Identity of owner and manager—Failure to comply
§ 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
§ 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
§ 132. Reserved
§ 133. Lien on tenant's property
§ 134. Procedure for enforcement of lien
§ 135. Construction of act
§§ 136 to 139. Reserved § 140. Federal rules and regulations affecting Indian housing programs shall take precedence
§ 141. Claims brought under provisions of Landlord and Tenant Procedures Act
§ 142. Termination of mutual help occupancy agreement
§ 143. Rules of evidence
CHAPTER 3 NON–RESIDENTIAL LANDLORD AND TENANT ACT
§ 200. Application
§ 201. Who deemed tenant at will
§ 202. Tenant holding over as tenant at will—Expiration of unwritten contract
§ 203. Tenant holds 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
§ 229. Reserved
§ 230. Taxation of improvements
§§ 231, 232. Reserved
§ 233. Lease presumed to be for one year
§ 234. Reserved
§ 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
§§ 239 to 250. Reserved
§ 251. Abandonment or surrender of non–residential rental property—Definitions
§ 252. Abandonment or surrender of non–residential rental property—Disposition of personal property of tenant—Notice—Storage costs—Liability of landlord—Application of proceeds of sale
§ 253. Claims brought under the Landlord and Tenant Procedures Act
§ 254. Application
CHAPTER 4 LANDLORD AND TENANT PROCEDURES ACT
§ 1751. Suits authorized under landlord and tenant procedures
§ 1752. Reserved
§ 1753. Affidavit—Form—Filing
§ 1754. Preparation of affidavit—Copies
§ 1755. Service of affidavit and order upon defendant
§ 1756. Date for appearance of defendant
§ 1757. Reserved
§ 1758. Counterclaim or setoff by verified answer
§ 1759. Reserved
§ 1760. Depositions—Interrogatories
§ 1761. Trial by Court—Request for Reporter or jury—Evidence—Informality
§ 1762. Payment of judgment
§ 1763. Appeals
§ 1764. Fees
§§ 1765 to 1771. Reserved
§ 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
§ 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 supersedeas bond

TITLE 42 LANGUAGE
Reserved for Future Use

TITLE 43 MARRIAGE AND FAMILY
CHAPTER 1 GENERAL PROVISIONS
§ 1. Marriage as 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
§ 10. Adultery defined—Who may institute prosecution
§ 11. Punishment for adultery
§ 12. Bigamy defined
§ 13. Exceptions to the rule of bigamy
§ 14. Punishment of bigamy
CHAPTER 5 OFFICE OF CHILD SUPPORT SERVICES
§ 500. Office of Child Support Enforcement recognized—Duties
§ 500A. Definitions
§ 501. Costs in child support services cases
§ 502. Agreements to obtain certain necessary information
§ 503. Establishment—Enforcement and modification of orders for support—Confidential records
§ 504. CSS attorneys represent Cherokee Nation
§ 505. Office of Child Support Services to follow Cherokee Nation child support guidelines
§ 506. Child support
CHAPTER 6 CHILD SUPPORT GUIDELINES
§ 507. Purpose
§ 508. Child Support Guidelines
§ 508A. Definitions
§ 508B. Computation of gross income—Imputed income—Self employment income—Fringe benefits—Social Security Title II benefits
§ 508C. Deductions from gross income for qualified other children
§ 508D. Computation of child support as percentage of parents' combined gross income— Prospective adjustment—Transportation expenses—Support order summary form
§ 508E. Parenting time adjustment—Reduction in child support obligation
§ 509. Child support orders to include provision for income assignment—Voluntary income assignment—In-kind payment
§ 510. Child support orders to include provision for health insurance and day care expenses
§ 511. Security or bond for payment of child support
§ 512. Past due support payments as judgment—Arrearage payment schedule
§ 513. Modification, suspension or termination of income assignment order
§ 514. Interest on delinquent child support and judgments
§ 515. Child support computation form
§ 516. Children not otherwise considered
§ 517. Full faith and credit for child support orders validly issued by foreign jurisdictions
§ 518. Cooperation with other IV–D programs

TITLE 44 MEDIA AND PRESS
CHAPTER 1 INDEPENDENT PRESS
§ 1. Short title
§ 2. Purpose
§ 3. Constitutional rights
§ 4. Policy, an independent Cherokee media
§ 5. Providing for independent print and electronic publications
§ 6. Editorial Board
§ 7. Powers and duties
§ 8. Executive Editor
CHAPTER 2 PRESS PROTECTION
§ 21. Short title
§ 22. Purpose
§ 23. Definitions
§ 24. Protection of sources and other information—Exceptions
TITLE 45 MINES AND MINING
Reserved for Future Use

TITLE 46 MORTGAGES
Reserved for Future Use

TITLE 47 MOTOR VEHICLES
HIGHWAY SAFETY CODE
CHAPTER 1 WORDS AND PHRASES DEFINED
§ 1–101. Definition 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 operate 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
CHAPTER 2 APPLICATION
§ 2–101. Application of code
§ 2–102. Cherokee Nation
§ 2–103. Indian
§ 2–104. Tribal citizen
§ 2–105. Offense
§ 2–106. Crime
CHAPTER 4 ANTI–THEFT 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—Punishment
§ 4–109. Altering or forging certificate of title
§ 4–110. Offenses in connection with certificates of title
CHAPTER 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
CHAPTER 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 proceeding in opposite directions
§ 11–303. Overtaking a vehicle on the left—Signal
§ 11–304. When overtaking on the right is permitted
§ 11–305. Limitations on overtaking on the left
§ 11–306. Further limitations 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. Restrictions 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. Drivers to exercise due care
§ 11–505. Pedestrians to use 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 grade 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-driven 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
§ 11–902.4. Operating or being in actual physical control of motor vehicle while under the influence while under age—Penalties
§ 11–903. 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
§ 11–1004. Additional parking regulations
§ 11–1005. 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
§ 11–1113. Reserved
§ 11–1114. Allowing passenger to ride outside of compartment
§ 11–1115. Railroad crossings
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 bicycle
§ 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
CHAPTER 12 EQUIPMENT OF VEHICLES
ARTICLE IV. OTHER EQUIPMENT
§ 12–417. Safety belt law
ARTICLE VI. MOTORCYCLES
§ 12–609. Motorcycle and motor scooter
CHAPTER 14 SIZE, WEIGHT AND LOAD
§ 14–107. Definitions
§ 14–109. Overload, any axle or gross weight
CHAPTER 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
CHAPTER 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
CHAPTER 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
CHAPTER 18 RECORDS AND REPORTS OF CONVICTIONS
§ 18–101. Record of traffic cases—Report of convictions to department
CHAPTER 20 EFFECT AND SHORT TITLE OF ACT
§ 20–101. Uniformity of interpretation
§ 20–102. Effect of headings
§ 20–103. Short title
§ 20–105. Constitutionality
MISCELLANEOUS LAWS
CHAPTER 67 CHEMICAL TESTS
§ 752. Administration of tests—Authorization—Liability—Laboratories—Independent analysis—Costs
§ 756. Admission of evidence shown by tests
§ 761. Operation of motor vehicle while ability impaired by consumption of alcohol— Penalties—Suspensions—Violation not bondable
CHAPTER 74 UNIFORM CERTIFICATE OF TITLE ACT
§ 1111.1. Short title
§ 1111.2. Applicability of supplemental principles of law
§ 1111.3. Definitions
§ 1111.4. Law governing vehicles covered by certificate of title or certificate of origin
§ 1111.5. Exclusions
§ 1111.6. Vehicle identification number, make and model year
§ 1111.7. Execution of certificate of origin
§ 1111.8. Cancellation of electronic certificate
§ 1111.9. Application for certificate of title
§ 1111.10. Creation of an cancellation of certificate of title
§ 1111.11. Contents of certificate of title
§ 1111.12. Certificate of title and certificate of origin not subject to judicial process
§ 1111.13. Other information
§ 1111.14. Maintenance of files
§ 1111.15. Delivery of certificate of title
§ 1111.16. Transfer
§ 1111.17. Notice of transfer without application
§ 1111.18. Power to transfer
§ 1111.19. Other transferees of vehicle covered by certificate of title
§ 1111.20. Effect of incorrect information or omission
§ 1111.21. Transfer of ownership by operation of law
§ 1111.22. Application for transfer of ownership or termination of security interest statement without certificate of title or certificate of origin
§ 1111.23. Replacement certificates of title
§ 1111.24. Effectiveness of security interest statement
§ 1111.25. Perfection of security interest
§ 1111.26. Termination statement
§ 1111.27. Uniform security interest statement
§ 1111.28. Duties and operation of filing office
§ 1111.29. Title brand
§ 1111.30. Uniformity of application and construction
CHAPTER 79 MOTOR VEHICLE CHOP SHOP, STOLEN 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
APPENDIX A CHEROKEE NATION BOND SCHEDULE
Appendix A. Cherokee Nation Bond Schedule
OFFENSE MIN BOND Plus $60.00 COURT COST
Speeding
Speeding in a Construction or Maintenance Zone
Improper Passing
Driving Left of Center
Overload, Any Axle or Gross Weight

TITLE 48 RESERVED
Reserved for Future Use

TITLE 49 NOTARIES PUBLIC CHAPTER 1 GENERAL PROVISIONS
§ 1. Appointment
§ 2. Oath, signature, bond and seal—Fees
§ 3. Blanks for bond and oath
§ 4. Reserved
§ 5. Official seal
§ 6. Authority of notary
§ 7. Record of protests
§ 8. Official record
§ 9. Vacancy
§ 10. Statute of limitations
CHAPTER 2 UNIFORM LAW ON NOTARIAL ACTS
§ 111. Short title
§ 112. Definitions
§ 113. Taking acknowledgment 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

TITLE 50 NUISANCES
Reserved for Future Use

TITLE 51 OFFICERS AND EMPLOYEES
CHAPTER 1 GENERAL PROVISIONS
§ 1. Salaries for future terms of elected officials
§ 2. Compensation from other sources—Compensation information publicly available— Health insurance and retirement options—Insurance policies—Recalculation of salaries
CHAPTER 2 OFFICE OF THE PRINCIPAL CHIEF
§ 51. Salary of Principal Chief
§ 52. Travel expenses—Allowance for local travel
§ 53. Reimbursement of expenses for travel outside Cherokee Nation
§ 54. Repealed by LA 34–07, eff. September 13, 2007
§ 55. Control of National Seal
§ 56. Authority to grant pardons
§ 57. Procedure—Application for pardon
§ 58. Offer of reward for information leading to apprehension of criminals at large
§ 59. State burial ceremony—Stipend
CHAPTER 3 OFFICE OF THE DEPUTY PRINCIPAL CHIEF
§ 71. Salary of Deputy Principal Chief
§ 72. Travel expenses—Allowance for local travel
§ 73. Reimbursement of expenses for travel outside Cherokee Nation
§ 74. Repealed by LA 34–07, eff. September 13, 2007
FILLING VACANCY IN OFFICE OF DEPUTY PRINCIPAL CHIEF
§ 81. Purpose
§ 82. Vacation of office generally
§ 83. Manner of resignation by Deputy Principal Chief—Proceedings upon receipt of resignation by Principal Chief
§ 84. Filling of vacancies by vote of Tribal Council—Generally
§ 85. Vacancies occurring within thirty days of scheduled election
§ 86. Term of officer elected by Council
§ 87. Compensation of officer elected by Council
§ 88. Oath of officer elected by Council
§ 89. Transfer of records, accounts, moneys, etc
CHAPTER 4 OFFICE OF ATTORNEY GENERAL
§ 101. Short title
§ 102. Purpose
§ 103. Definitions
§ 104. Seal
§ 105. Functions and duties of Attorney General
§ 106. Costs of litigation
§ 107. Appearance not waiver of immunity of Nation
§ 108. Prosecutors and other assistants to the Attorney General—Delegation of authority
§ 108. Interests of Cherokee Nation in pending suits
§ 109. Disqualification of officers and employees of the Office of Attorney General
§ 110. Vacancy in position of Attorney General
§ 111. Employment of attorneys, authority of boards or officials—Defense of actions by Attorney General
§ 112. Legal representation of agency or official of Executive Branch—Contracts
§ 113. Nation officer or employee—Legal defense services—Defense duties—Evidence
CHAPTER 5 OFFICE OF THE SECRETARY OF STATE
§ 201. Books of the Secretary of State's office open to inspection
§ 202. Secretary of State not to hold other position which would conflict with duties
CHAPTER 6 OFFICE OF THE TREASURER [RESERVED]
CHAPTER 7 MARSHAL SERVICE
§ 401. Short title
§ 402. Purpose
§ 403. Definitions
§ 404. Appointment of Marshal
§ 405. Duties and authority of the Office of the Marshal
§ 406. Vacancy in office of Marshal
§ 407. Compensation of Marshal § 408. Deputy Marshals—Delegation of authority
§ 409. References in Cherokee Nation Code to peace officers, etc.
§ 410. Reserve force Deputy Marshals
CHAPTER 8 DELEGATE TO CONGRESS
§ 501. Short title
§ 502. Purpose
§ 503. Definitions
§ 504. Qualifications for the Delegate to Congress
§ 505. Selection
§ 506. Term of office
§ 507. Duties and authority of the office of the Delegate to Congress
§ 508. Vacancies in office
§ 509. Funding
§ 510. Removal from office
CHAPTER 9 IMPEACHMENT PROCEDURES FOR ELECTED AND APPOINTED OFFICIALS
§ 601. Short title
§ 602. Purpose
§ 603. Definitions
§ 604. Grounds for impeachment
§ 605. Initiation of impeachment
§ 606. Presentation of impeachment
§ 607. Presiding Officer of the Court of Impeachment
§ 608. Oath—Concurrence of Councilors
§ 609. Judgment—Criminal liability
§ 610. Designation of offense
§ 611. Court of Impeachment
§ 612. Hearing and summons
§ 613. Powers of Court of Impeachment—Orders and judgments—Power to enforce
§ 614. Costs—How paid—Costs of accused if acquitted
§ 615. Expenses—How paid
CHAPTER 10 EMPLOYEE ADMINISTRATIVE PROCEDURES
§ 1001. Short title
§ 1002. Purpose
§ 1003. Definition
§ 1004. Cherokee Nation Employee Appeals Board
§ 1005. Board qualification
§ 1006. Employee Appeals Board term
§ 1007. Employee Appeals Board officers
§ 1008. Appeals heard by Employee Appeal Board en banc
§ 1009. Employee Appeals Board Clerk
§ 1010. Termination for cause
§ 1011. Initiation of termination—Employee status
§ 1012. Human Resources Director review
§ 1013. Manner of filing appeal
§ 1014. Administrative record and casefiles
§ 1015. Scheduling of hearing
§ 1016. Employee administrative appeal proceedings—Notice of hearing
§ 1017. Employee Appeals Board record
§ 1018. Hearing procedures before Employee Appeals Board
§ 1019. Final Employee Appeals Board decisions—Contents—Notification
§ 1020. Employee Appeals Board members not to communicate
§ 1021. Furnishing of information, attendance of witnesses and production of books and records—Subpoenas
§ 1022. Disqualification of Hearing Officer
§ 1023. Rehearing, reopening or reconsideration of decision
§ 1024. Review by Supreme Court
§ 1025. Transmission of record to reviewing Court—Stipulations
§ 1026. Review without jury—Additional testimony
§ 1027. Setting aside, modifying or reversing of orders—Remand—Affirmance
§ 1028. Remedies for termination without cause
§ 1029. Time computations

TITLE 52 OIL AND GAS
Reserved for Future Use

TITLE 53 RESERVED

TITLE 54 PARTNERSHIP
Reserved for Future Use

TITLE 55 PLEDGES
Reserved for Future Use

TITLE 56 PORT AUTHORITIES
CHAPTER 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
§ 4. Cherokee Nation Port Authority
§ 5. Board of Directors
§ 6. Employees
§ 7. Area of jurisdiction
§ 8. Regulation of vehicles within area of jurisdiction—Rules—Enforcement
§ 9. Powers—Plan for future development
§ 10. Modification, amendment or extension of plan
§ 11. Conclusiveness and validity of plan
§ 12. Participation of private enterprise
§ 13. Prohibitions
§ 14. Bids
§ 15. Budget—Disposition of rents and charges
§ 16. Bond of Secretary—Deposit of funds—Disbursements
CHAPTER 2 BONDS
§ 21. Authorization for port authority to borrow money and issue bonds
§ 22. Terms, maturities, form, etc. of bonds
§ 23. Bonds issued pursuant to loan or purchase agreement with United States government
§ 24. Exemption from taxation—One bond issue for more than one project or facility— Payment from combined revenues
§ 25. Refunding bonds
§ 26. Bonds as special obligation of port authority concerned
§ 27. Powers of Board of Directors in connection with payment of principal and interest
§ 28. Agreements or contracts with United States
§ 29. Segregation and use of proceeds from bond sales—Construction contracts
§ 30. Approval of bonds by Treasurer—Incontestability
§ 31. Lawful securities for investments
§ 32. Interim notes and conditions of issue
§ 33. Public bids for bonds sold
§ 34. Trustees—Oath of office—Fidelity bond
§ 35. Meetings and records of authority open to public
§ 36. Limitation on liability of trustee or beneficiary

TITLE 57 PRISONS AND REFORMATORIES
CHAPTER 1 SEX OFFENDER REGISTRATION AND NOTIFICATION
§ 1. Short title
§ 2. Purpose—Findings—Legislative intent
§ 3. Definitions
§ 4. Persons and crimes to which act applies
§ 5. Tiering
§ 5.1. Tier I offenses
§ 5.2. Tier II offenses
§ 5.3. Tier II Offenses
§ 6. Designation as sex offender—Determination of offender's tier level
§ 7. Registration—Time limits—Duration—Petition for release from registration requirement—Information to be provided to offender
§ 8. Required registration information—Conviction data, fingerprints and palm prints— Notice of certain changes to registration information
§ 9. Notice of and access to registries—Biological samples—Habitual or aggravated sex offender designation—Immunity
§ 10. Forwarding of registration information and tier level—Community notification— Absconders
§ 11. Verification of offender's address
§ 12. Notifying offenders of obligation to register
§ 13. False or misleading registration information
§ 14. Immunity
§ 15. Penalties
§ 16. Registered offenders prohibited from certain employment; penalties; civil damages
§ 17. Residency restriction; penalty

TITLE 58 PROBATE PROCEDURES
Reserved for Future Use

TITLE 59 PROFESSIONS AND OCCUPATIONS
Reserved for Future Use

TITLE 60 PROPERTY
CHAPTER 1 GENERAL PROVISIONS
§ 1. Prior right of possession
§ 2. Suits for recovery of property
§ 3. Legal possession
§ 4. Conveyance of property to minor

TITLE 61 PUBLIC BUILDINGS AND PUBLIC WORKS
CHAPTER 1 BUILDING AND FACILITY NAMING ACT
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
§ 4. Building or facility naming

TITLE 62 PUBLIC FINANCE
CHAPTER 1 GENERAL PROVISIONS
§ 1. Fiscal year
CHAPTER 2 OFFICE OF THE CONTROLLER
§ 11. Establishment—Purpose
§ 12. Powers and duties generally
CHAPTER 3 DEPOSIT OF FUNDS
§ 21. Requirement for deposit of funds generally
§ 22. Principal depository
§ 23. Subsidiary depositories
§ 24. Control of deposited funds
CHAPTER 4 APPROPRIATIONS
§ 31. Requirements for appropriations of funds generally
§ 32. Annual appropriations
CHAPTER 5 INVESTMENTS
§ 41. Investment of judgment funds—Generally
§ 42. Investment of judgment funds—Reservation of rights
§ 43. Investment of surplus funds—Generally
§ 44. Investment of surplus funds—Term of investments
§ 45. Investment of surplus funds—Selection of investment institution
§ 46. Investment of surplus funds—Protection of invested funds
CHAPTER 6 BONDS
§ 51. Officers required to furnish surety bonds—Conditions of and payment for bonds
§ 52. Amount of bonds
§ 53. Bonding company
CHAPTER 7 PLEDGES OF CREDIT
§ 61. Requirements for pledges of credit of Cherokee Nation generally
§ 62. Pledges of credit requiring waiver of sovereign immunity
CHAPTER 8 FINANCIAL RECORDS AND REPORTS
§ 71. Governing accounting standards
§ 72. Combined financial statement reports
§ 73. Annual audit statements and reports
§ 74. Retention of records
CHAPTER 9 CLAIMS AGAINST CHEROKEE NATION
§ 81. Verification and approval of claims
§ 82. Development and maintenance of policies and procedures governing processing of claims
CHAPTER 10 EMERGENCY ASSISTANCE
§ 101. Short title
§ 102. Purpose and findings
§ 103. Definitions
§ 104. Authorized disbursements
§ 105. Duplication of services prohibited
§ 106. Expedited payment
§ 107. Policies and procedures for emergency assistance and community support projects
§ 108. Policies and procedures for the self–help emergency housing repairs, housing accessibility and emergency education assistance programs
§ 109. Requests or referrals
§ 110. Appropriations
§ 111. Reports
CHAPTER 11 DONATIONS AND CONTRIBUTIONS
§ 201. Short title
§ 202. Purpose
§ 203. Appropriations
§ 204. Subcommittee established
§ 205. Coordination of requests
§ 206. Recommendations for award
§ 207. Unanimous consent
§ 208. Unfunded requests
§ 209. Donations and contributions awarded by district
§ 210. Limitations on awards
§ 211. Notice of award
CHAPTER 12 COMMUNITY ASSISTANCE
§ 301. Short title
§ 302. Purpose and findings
§ 303. Definitions
§ 304. Authorized purpose of community assistance funds
§ 305. Procedures for approving funding

TITLE 63 PUBLIC HEALTH AND SAFETY
CHAPTER 1 GENERAL PROVISIONS [RESERVED]
CHAPTER 2 CHEROKEE NATION COMPREHENSIVE CARE AGENCY ORGANIC ACT
§ 101. Short title
§ 102. Purpose
§ 103. Establishment
§ 104. Board of Directors
§ 105. Finances
§ 106. Reporting

TITLE 64 PUBLIC LANDS
CHAPTER 1 LANDS ACQUIRED FROM THE UNITED STATES
§ 1. Abandoned military and agency reservations
CHAPTER 2 REAL PROPERTY ACQUISITION
§ 51. Short title
§ 52. Purpose
§ 53. Definitions
§ 54. Real property acquisitions
CHAPTER 3 REAL AND PERSONAL PROPERTY DONATION
§ 101. Short title
§ 102. Purpose
§ 103. Definitions
§ 104. Gifts or donations of property
CHAPTER 4 LAND INTO TRUST BY FOREIGN NATIVE AMERICAN TRIBES
§ 151. Short title
§ 152. Purpose
§ 153. Definitions
§ 154. Land into trust by foreign Native American tribes

TITLE 65 PUBLIC LIBRARIES
Reserved for Future Use

TITLE 66 RESERVED
Reserved for Future Use

TITLE 67 RECORDS
CHAPTER 1 GENERAL PROVISIONS
§ 1. Archives and Records Commission—Creation—Composition
§ 2. Commission powers and duties generally
§ 3. Establishment of policies and procedures for storage, processing, servicing, etc., of records and historical documents
§ 4. Design, construction, purchase, etc., of buildings for storage of records
§ 5. Submission to Council of plans, estimates, and recommendations
§ 6. 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 property in custody of Commission
CHAPTER 2 FREEDOM OF INFORMATION AND RIGHTS TO PRIVACY
§ 101. Short title
§ 102. Findings and purpose
§ 103. Definitions
§ 104. Right to inspect and/or copy public records—Fees—Notification as to public availability of records—Presumption upon failure to give notice—Records to be available when requestor appears in person
§ 105. Matters exempt from disclosure
§ 106. Certain matters declared public information—Use of information for commercial solicitation prohibited
§ 107. Meetings of public bodies shall be open
§ 108. Meetings which may be closed—Procedure—Circumvention of chapter—Disruption of meeting—Executive sessions of Tribal Council
§ 109. Notice of meetings of public bodies
§ 110. Minutes of meetings of public bodies
§ 111. Injunctive relief, costs and attorney fees
§ 112. Penalties
§ 113. Identification (I.D.) records
§ 114. Privacy of driver's license information
CHAPTER 3 FREE FLOW OF INFORMATION
§ 201. Short title
§ 202. Purpose
§ 203. Definitions
§ 204. Central database

TITLE 68 REVENUE AND TAXATION
CHAPTER 1 GENERAL PROVISIONS
§ 1. Tax Code
§ 2. Purpose
§ 3. Definitions
§ 4. Severability
§ 5. Distribution of tax revenue
CHAPTER 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 Supreme Court action
§ 21. Settlements of taxes due
§ 22. Power to compact
§ 23. Penalty and interest
§ 24. Substitute returns prepared by Commission
§ 25. Initial application fee
CHAPTER 3 SALES TAX
§ 31. Definitions
§ 32. Tax levy—Rate
§ 33. Retail sales licensing
§ 34. Retail sales license
§ 35. Application for special event permit
CHAPTER 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. Repealed by LA 05–06, eff. April 1, 2006
§ 54. Collection of 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
§ 62. Criminal penalty
CHAPTER 5 CHEROKEE NATION/STATE TOBACCO TAX COMPACT
§ 71. Short title
TOBACCO TAX COMPACT BETWEEN THE STATE OF OKLAHOMA AND THE CHEROKEE NATION
August 2008
CHAPTER 6 LANDFILL USER FEE
§ 101. Short title
§ 102. Purpose
§ 103. Definitions
§ 104. Assessment
§ 105. Reports—Provision for deposit of fees—Use of fees collected
CHAPTER 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 of revenues
§ 450.8. Civil and criminal penalties—Immunities
§ 450.9. Reuse of used stamp prohibited—Penalties
CHAPTER 7–A BOAT AND MOTOR LICENSING AND TAX
§ 500. Short title
§ 501. Purpose
§ 502. General powers and duties of Tax Commission
§ 503. Boat and outboard motor registration
§ 504. Registration fees and taxes
§ 505. Penalty on new assignments
§ 506. Penalty on renewal registration
CHAPTER 8 FUEL TAX [REPEALED]
§§ 701 to 708. Repealed by LA 18–96, eff. September 16, 1996
CHAPTER 8–A FRANCHISE TAX
§ 1201. Corporations and organizations to which chapter applicable
§ 1202. "Doing business" defined
§ 1203. Tax on domestic corporations and business organizations
§ 1204. Tax on foreign corporations and business organizations
§ 1205. Minimum and maximum taxes
§ 1206. Corporations and organizations exempted
§ 1207. No tax for year in which other tax or fee paid
§ 1208. Purpose and disposition of revenue—When due
§ 1209. Capital—Computation
§ 1210. Annual statement or return
§ 1211. Organization of business trust
§ 1212. Penalties—Uniform procedure—Operation without license—Suspension and forfeiture
§§ 1213, 1214. Reserved
CHAPTER 9 MOTOR VEHICLE LICENSING AND TAX
FINDINGS, PURPOSE, DEFINITIONS
§ 1301. Findings
§ 1302. Purposes
§ 1303. Short title
§ 1304. Definitions
§ 1305. Negotiation of compact—Effective date
§ 1306. Revenue sharing
DUTIES OF TAX COMMISSION—REGISTRATION OF VEHICLES—FEES AND TAXES— CERTIFICATES OF TITLE—LICENSE PLATES—PENALTIES
§ 1351. General powers and duties of Tax Commission
§ 1352. Rules and regulations
§ 1353. Registration of vehicles required
§ 1354. Registration fees and taxes
§ 1355. Certificates of title
§ 1356. License plates
§ 1357. Documents required for registration
§ 1358. Operation of motor vehicle within Cherokee Nation
§ 1359. Penalties
§ 1360. Recognition of foreign titles and registration
CHAPTER 20 TRIBAL–STATE MOTOR VEHICLE LICENSING COMPACT BETWEEN CHEROKEE NATION AND THE STATE OF OKLAHOMA
§ 2001. Tribal-state motor vehicle licensing compact
Section 1: Recitals
Section 2: Purpose and Scope
Section 3: Definitions
Section 4: Tribal Motor Vehicle License
Section 5: Tribal Motor Vehicle Information; Use of Oklahoma Tag Agents
Section 6: Payments to Oklahoma Public Schools, Sequoyah High School, Certain Highway Projects, Counties and Municipalities
Section 7: Sovereign Powers and Jurisdiction Unaffected; No Partnership or Agency Created
Section 8: Term
Section 9: Effective Date
Section 10: Notices

TITLE 69 ROADS, BRIDGES AND FERRIES
Reserved for Future Use

TITLE 70 SCHOOLS AND EDUCATION
CHAPTER 1 GENERAL PROVISIONS
§ 1. Neglect or refusal to compel child to attend school
CHAPTER 2 FAMILY ADULT EDUCATION UNIT
§ 101. Purpose
§ 102. Establishment of the program
§ 103. Education
CHAPTER 3 SCHOLARSHIPS
GENERAL PROVISIONS
§ 201. Short title
§ 202. Purpose
§ 203. Definitions
§ 204. Scholarships for eligible students
§ 205. Administration of scholarship program
CONCURRENT ENROLLMENT
§ 251. Short title
§ 252. Purpose
§ 253. Definitions
§ 254. Scholarships for high school students enrolled in college courses

TITLE 71 SECURITIES [RESERVED]
Reserved for Future Use

TITLE 72 RESERVED
Reserved for Future Use

TITLE 73 SOVEREIGNTY
CHAPTER 1 SOVEREIGN IMMUNITY
§ 1. Short title
§ 2. Purpose
§ 3. Definitions
§ 4. Sovereign immunity
§ 5. Delegation of authority as to business entities
§ 6. Delegation of authority as to Cherokee Nation
§ 7. Delegation of authority as to Cherokee Nation business entities
CHAPTER 2 CONSTITUTION CONVENTION COMMISSION
§ 101. Purpose
§ 102. Definitions
§ 103. Cherokee Nation Constitution Convention Commission
CHAPTER 3 CONSENT FOR LITIGATION
§ 201. Short title
§ 202. Purpose
§ 203. Definitions
§ 204. Authorization, ratification or approval of litigation
CHAPTER 4 CHEROKEE NATION TREATY, COMPACT AND AGREEMENT ACT
§ 301. Short title
§ 302. Purpose
§ 303. Definitions
§ 304. Authority, procedure, and approval of contracts, compacts and other agreements

TITLE 74 RESERVED
Reserved for Future Use

TITLE 75 STATUTES AND REPORTS
Reserved for Future Use

TITLE 76 TORTS
Reserved for Future Use

TITLE 77 TOWNS AND COMMUNITIES
Reserved for Future Use

TITLE 78 [RESERVED]
Reserved for Future Use

TITLE 79 TRUST FUNDS AND TRUST AUTHORITIES
CHAPTER 1 ECONOMIC DEVELOPMENT TRUST AUTHORITY
§ 1. Establishment of trust authority
§ 2. Trust authority board
CHAPTER 2 ARKANSAS RIVERBED TRUST FUND MANAGEMENT
§ 101. Short title
§ 102. Purpose
§ 103. Definitions
§ 104. Use and expenditure of trust funds

TITLE 80 UNIFORM COMMERCIAL CODE
ARTICLE 1 GENERAL PROVISIONS
PART 1. GENERAL PROVISIONS
§ 1–101. Short titles
§ 1–102. Scope of article
§ 1–103. Construction of Uniform Commercial Code to promote its purposes and policies— Applicability of supplemental principles of law
§ 1–104. Construction against implied repeal
§ 1–105. Severability
§ 1–106. Use of singular and plural—Gender
§ 1–108. Relation to electronic signatures in global and National Commerce Act
PART 2. GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION
§ 1–201. General definitions
§ 1–202. Notice, knowledge
§ 1–203. Lease distinguished from security interest
§ 1–204. Value
§ 1–205. Reasonable time—Seasonableness
§ 1–206. Presumptions
PART 3. TERRITORIAL APPLICABILITY AND GENERAL RULES
§ 1–301. Territorial applicability—Parties' power to choose applicable law
§ 1–302. Variation by agreement
§ 1–303. Course of performance, course of dealing, and usage of trade
§ 1–304. Obligation of good faith
§ 1–305. Remedies to be liberally administered
§ 1–306. Waiver or renunciation of claim or right after breach
§ 1–307. Prima facie evidence by third-party documents
§ 1–308. Performance or acceptance under reservation of rights
§ 1–309. Option to accelerate at will
§ 1–310. Subordinated obligations
ARTICLE 2 SALES
PART 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
§ 2–101. Short title
§ 2–102. Scope; certain security and other transactions excluded from this article
§ 2–103. Definitions and index of definitions
§ 2–104. Definitions: "Merchant"; "Between Merchants"; "Financing Agency"
§ 2–105. Definitions: "Transferability"; "Goods"; "Future" goods; "Lot"; "Commercial unit"
§ 2–106. Definitions: "Contract"; "Agreement"; "Contract for sales"; "Sale"; "Present sale"; "Conforming" to contract; "Termination"; "Cancellation"
§ 2–107. Goods to be severed from realty: Recording
PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT
§ 2–201. Formal requirements; statute of frauds
§ 2–202. Final written expression: parol or extrinsic evidence
§ 2–203. Seals inoperative
§ 2–204. Formation in general
§ 2–205. Firm offers
§ 2–206. Offer and acceptance in formation of contract
§ 2–207. Additional terms in acceptance or confirmation
§ 2–208. Course of performance or practical construction
§ 2–209. Modification, rescission and waiver
§ 2–210. Delegation of performance; assignment of rights
PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
§ 2–301. General obligations of parties
§ 2–302. Unconscionable contract or clause
§ 2–303. Allocation or division of risks
§ 2–304. Price payable in money, goods, realty, or otherwise
§ 2–305. Open price term
§ 2–306. Output, requirements and exclusive dealings
§ 2–307. Delivery in single lot or several lots
§ 2–307. Delivery in single lot or several lots
§ 2–309. Absence of specific time provision; notice of termination
§ 2–310. Open time for payment or running of credit; authority to ship under reservation
§ 2–311. Options and cooperation respecting performance
§ 2–312. Warranty of title and against infringement; buyer's obligation against infringement
§ 2–313. Express warranties by affirmation, promise, description, sample
§ 2–314. Implied warranty: merchantability; usage of trade
§ 2–315. Implied warranty: Fitness for particular purpose
§ 2–316. Exclusion or modification of warranties
§ 2–317. Cumulation and conflict of warranties express or implied
§ 2–318. Third party beneficiaries of warranties express or implied
§ 2–319. F.O.B. and F.A.S. terms
§ 2–320. C.I.F. and C. & F. terms
§ 2–321. C.I.F. or C. & F.: "Net landed weights"; "Payment on arrival"; Warranty of condition on arrival
§ 2–322. Delivery "Ex-ship"
§ 2–323. Form of bill of lading required in overseas shipment; "Overseas"
§ 2–324. "No arrival, no sale" term
§ 2–325. "Letter of credit" term; "Confirmed credit"
§ 2–326. Sale on approval and sale or return; consignment sales and rights of creditors
§ 2–327. Special incidents of sale on approval and sale or return
§ 2–328. Sale by auction
PART 4. TITLE, CREDITORS AND GOOD FAITH PURCHASERS
§ 2–401. Passing of title; reservation for security; limited application of this section
§ 2–402. Rights of seller's creditors against sold goods
§ 2–403. Power to transfer; good faith purchase of goods; "entrusting"
PART 5. PERFORMANCE
§ 2–501. Insurable interest in goods; manner of identification of goods
§ 2–502. Buyer's right to goods on seller's insolvency
§ 2–503. Manner of seller's tender of delivery
§ 2–504. Shipment by seller
§ 2–505. Seller's shipment under reservation
§ 2–506. Rights of financing agency
§ 2–507. Effect of seller's tender; delivery on condition
§ 2–508. Cure by seller of improper tender or delivery; replacement
§ 2–509. Risk of loss in the absence of breach
§ 2–510. Effect of breach on risk of loss
§ 2–511. Tender of payment by buyer; payment by check
§ 2–512. Payment by buyer before inspection
§ 2–513. Buyer's right to inspection of goods
§ 2–514. When documents deliverable on acceptance; when on payment
PART 6. BREACH, REPUDIATION AND EXCUSE
§ 2–601. Buyer's rights on improper delivery
§ 2–602. Manner and effect of rightful rejection
§ 2–603. Merchant buyer's duties as to rightfully rejected goods
§ 2–604. Buyer's options as to salvage of rightfully rejected goods
§ 2–605. Waiver of buyer's objections by failure to particularize
§ 2–606. What constitutes acceptance of goods
§ 2–607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
§ 2–608. Revocation of acceptance in whole or in part
§ 2–609. Right to adequate assurance of performance
§ 2–610. Anticipatory repudiation
§ 2–611. Retraction of anticipatory repudiation
§ 2–612. "Installment contract"; breach
§ 2–613. Casualty to identified goods
§ 2–614. Substituted performance
§ 2–615. Excuse by failure of presupposed conditions
§ 2–616. Procedure on notice claiming excuse
PART 7. REMEDIES
§ 2–701. Remedies for breach of collateral contracts not impaired
§ 2–702. Seller's remedies on discovery of buyer's insolvency
§ 2–703. Seller's remedies in general
§ 2–704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
§ 2–705. Seller's stoppage of delivery in transit or otherwise
§ 2–706. Seller's resale including contract for resale
§ 2–707. "Person in the position of a seller"
§ 2–708. Seller's damages for non-acceptance or repudiation
§ 2–709. Action for the price
§ 2–710. Seller's incidental damages
§ 2–711. Buyer's remedies in general—Buyer's security interest in rejected goods
§ 2–712. "Cover"; buyer's procurement of substitute goods
§ 2–713. Buyer's damages for non-delivery or repudiation
§ 2–714. Buyer's damages for breach in regard to accepted goods
§ 2–715. Buyer's incidental and consequential damages
§ 2–716. Buyer's right to specific performance or replevin
§ 2–717. Deduction of damages from the price
§ 2–718. Liquidation or limitation of damages; deposits
§ 2–719. Contractual modification or limitation of remedy
§ 2–720. Effect of "cancellation" or "rescission" on claims for antecedent breach
§ 2–721. Remedies for fraud
§ 2–722. Who can sue third parties for injury to goods
§ 2–723. Proof of market price: Time and place
§ 2–724. Admissibility of market quotations
§ 2–725. Statute of limitations in contracts for sale
ARTICLE 3 NEGOTIABLE INSTRUMENTS
PART 1. GENERAL PROVISIONS AND DEFINITIONS
§ 3–101. Short title
§ 3–102. Subject matter
§ 3–103. Definitions
§ 3–104. Negotiable instrument
§ 3–105. Issue of instrument
§ 3–106. Unconditional promise or order
§ 3–107. Instrument payable in foreign money
§ 3–108. Payable on demand or at definite time
§ 3–109. Payable to bearer or to order
§ 3–110. Identification of person to whom instrument is payable
§ 3–111. Place of payment
§ 3–112. Interest
§ 3–113. Date of instrument
§ 3–114. Contradictory terms of instrument
§ 3–115. Incomplete instrument
§ 3–116. Joint and several liability; contribution
§ 3–117. Other agreements affecting instrument
§ 3–118. Statute of limitations
§ 3–119. Notice of right to defend action
PART 2. NEGOTIATION, TRANSFER, AND INDORSEMENT
§ 3–201. Negotiation
§ 3–202. Negotiation subject to rescission
§ 3–203. Transfer of instrument; rights acquired by transfer
§ 3–204. Indorsement
§ 3–205. Special indorsement; blank indorsement; anomalous indorsement
§ 3–206. Restrictive indorsement
§ 3–207. Reacquisition
PART 3. ENFORCEMENT OF INSTRUMENTS
§ 3–301. Person entitled to enforce instrument
§ 3–302. Holder in due course
§ 3–303. Value and consideration
§ 3–304. Overdue instrument
§ 3–305. Defenses and claims in recoupment; claims in consumer transactions
§ 3–306. Claims to an instrument
§ 3–307. Notice of breach of fiduciary duty
§ 3–308. Proof of signatures and status as holder in due course
§ 3–309. Enforcement of lost, destroyed, or stolen instrument
§ 3–310. Effect of instrument on obligation for which taken
§ 3–311. Accord and satisfaction by use of instrument
§ 3–312. Lost, destroyed, or stolen cashier's check, teller's check, or certified check
PART 4. LIABILITY OF PARTIES
§ 3–401. Signature
§ 3–402. Signature by representative
§ 3–403. Unauthorized signature
§ 3–404. Impostors; fictitious payees
§ 3–405. Employer's responsibility for fraudulent indorsement by employee
§ 3–406. Negligence contributing to forged signature or alteration of instrument
§ 3–407. Alteration
§ 3–408. Drawee not liable on unaccepted draft
§ 3–409. Acceptance of draft; Certified check
§ 3–410. Acceptance varying draft
§ 3–411. Refusal to pay cashier's checks, teller's checks, and certified checks
§ 3–412. Obligation of issuer of note or cashier's check
§ 3–413. Obligation of acceptor
§ 3–414. Obligation of drawer
§ 3–415. Obligation of indorser
§ 3–416. Transfer warranties
§ 3–417. Presentment warranties
§ 3–418. Payment or acceptance by mistake
§ 3–419. Instruments signed for accommodation
§ 3–420. Conversion of instrument
PART 5. DISHONOR
§ 3–501. Presentment
§ 3–502. Dishonor
§ 3–503. Notice of dishonor
§ 3–504. Excused presentment and notice of dishonor
§ 3–505. Evidence of dishonor
PART 6. DISCHARGE AND PAYMENT
§ 3–601. Discharge and effect of discharge
§ 3–602. Payment
§ 3–603. Tender of payment
§ 3–604. Discharge by cancellation or renunciation
§ 3–605. Discharge of secondary obligors
ARTICLE 4 BANK DEPOSITS AND COLLECTIONS
PART 1. GENERAL PROVISIONS AND DEFINITIONS
§ 4–101. Short title
§ 4–102. Applicability
§ 4–103. Variation by agreement—Measure of damages—Action constituting ordinary care
§ 4–104. Definitions and index of definitions
§ 4–105. Definitions of types of banks
§ 4–106. Payable through or payable at bank: Collecting bank
§ 4–107. Separate office of bank
§ 4–108. Time of receipt of items
§ 4–109. Delays
§ 4–110. Electronic presentment
§ 4–111. Statute of limitations
PART 2. COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING BANKS
§ 4–201. Status of collecting bank as agent and provisional status of credits—Applicability of article—item indorsed "pay any bank"
§ 4–202. Responsibility for collection or return—When action timely
§ 4–203. Effect of instructions
§ 4–204. Methods of sending and presenting—Sending directly to payor bank
§ 4–205. Depositary bank holder of unindorsed item
§ 4–206. Transfer between banks
§ 4–207. Transfer warranties
§ 4–208. Presentment warranties
§ 4–209. Encoding and retention warranties
§ 4–210. Security interest of collecting bank in items, accompanying documents and proceeds
§ 4–211. When bank gives value for purposes of holder in due course
§ 4–212. Presentment by notice of item not payable by, through, or at bank—Liability of drawer or indorser
§ 4–213. Medium and time of settlement by bank
§ 4–214. Right of charge-back or refund—Liability of collecting bank—Return of item
§ 4–215. Final payment of item by payor bank—When provisional debits and credits become final—When certain credits become available for withdrawal
§ 4–216. Insolvency and preference
PART 3 COLLECTION OF ITEMS: PAYOR BANKS
§ 4–301. Posting—Recovery of payment by return of items—Time of dishonor—Return of items by payor bank
§ 4–302. Payor's bank responsibility for late return of item
§ 4–303. When items subject to notice, stop-payment order, legal process, or setoff—Order in which items may be changed or certified
PART 4. RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER
§ 4–401. When bank may charge customer's account
§ 4–402. Bank's liability to customer for wrongful dishonor, time of determining insufficiency of account
§ 4–403. Customer's right to stop payment—Burden of proof of loss
§ 4–404. Bank not obliged to pay check more than six months old
§ 4–405. Death or incompetence of customer
§ 4–406. Customer's duty to discover and report unauthorized signature or alteration
§ 4–407. Payor bank's right to subrogation on improper payment
PART 5. COLLECTION OF DOCUMENTARY DRAFTS
§ 4–501. Handling of documentary drafts—Duty to send for presentment and to notify customer of dishonor
§ 4–502. Presentment of "on arrival" drafts
§ 4–503. Responsibility of presenting bank for documents and goods—Report of reasons for dishonor—Referee in case of need
§ 4–504. Privilege of presenting bank to deal with goods—Security interest for expenses
REVISED ARTICLE 5 LETTERS OF CREDIT
§ 5–101. Short title
§ 5–102. Definitions
§ 5–103. Scope
§ 5–104. Formal requirements
§ 5–105. Consideration
§ 5–106. Issuance, amendment, cancellation, and duration
§ 5–107. Confirmer, nominated person, and adviser
§ 5–108. Issuer's rights and obligations
§ 5–109. Fraud and forgery
§ 5–110. Warranties
§ 5–111. Remedies
§ 5–112. Transfer of letter of credit
§ 5–113. Transfer by operation of law
§ 5–114. Assignment of proceeds
§ 5–115. Statute of limitations
§ 5–116. Choice of law and forum
§ 5–117. Subrogation of issuer, applicant, and nominated person
ARTICLE 6 [REPEALED]
ARTICLE 7 WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE
PART 1. GENERAL
§ 7–101. Short title
§ 7–102. Definitions and index of definitions
§ 7–103. Relation of article to treaty or statute
§ 7–104. Negotiable and nonnegotiable document of title
§ 7–105. Reissuance in alternative medium
§ 7–106. Control of electronic document of title
§ 7–107. Relation to Electronic Signatures in Global and National Commerce Act
PART 2. WAREHOUSE RECEIPTS: SPECIAL PROVISIONS
§ 7–201. Person that may issue a warehouse receipt—Storage under bond
§ 7–202. Form of warehouse receipt
§ 7–203. Liability for nonreceipt or misdescription
§ 7–204. Duty of care—Contractual limitation of warehouse's liability
§ 7–205. Title under warehouse receipt defeated in certain cases
§ 7–206. Termination of storage at warehouse's option
§ 7–207. Goods must be kept separate—Fungible goods
§ 7–208. Altered warehouse receipts
§ 7–209. Lien of warehouse
§ 7–210. Enforcement of warehouse's lien
PART 3. BILLS OF LADING: SPECIAL PROVISIONS
§ 7–301. Liability for nonreceipt or misdescription—"Said to contain"—"Shipper's load and count"—Improper handling
§ 7–302. Through bills of lading and similar documents of title
§ 7–303. Diversion—Reconsignment—Change of instructions
§ 7–304. Tangible bills of lading in a set
§ 7–305. Destination bills
§ 7–306. Altered bills of lading
§ 7–307. Lien of carrier
§ 7–308. Enforcement of carrier's lien
§ 7–309. Duty of care—Contractual limitation of carrier's liability
PART 4. WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS
§ 7–401. Irregularities in issue of receipt or bill or conduct of issuer
§ 7–402. Duplicate document of title—Overissue
§ 7–403. Obligation of warehouse or carrier to deliver—Excuse
§ 7–404. No liability for good faith delivery pursuant to document of title
PART 5. WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER
§ 7–501. Form of negotiation and requirements of due negotiation
§ 7–502. Rights acquired by due negotiation
§ 7–503. Document of title to goods defeated in certain cases
§ 7–504. Rights acquired in absence of due negotiation—Effect of diversion—Stoppage of delivery
§ 7–505. Indorser not guarantor for other parties
§ 7–506. Delivery without indorsement—Right to compel indorsement
§ 7–507. Warranties on negotiation or delivery of document of title
§ 7–508. Warranties of collecting bank as to documents of title
§ 7–509. Adequate compliance with commercial contract
PART 6. WAREHOUSE RECEIPTS AND BILLS OF LADING: MISCELLANEOUS PROVISIONS
§ 7–601. Lost, stolen, or destroyed documents of title
§ 7–602. Attachment of goods covered by negotiable document of titl
§ 7–603. Conflicting claims—Interpleader
PART 7. TRANSITION PROVISIONS
§ 7–701. Effective date
§ 7–702. Repeals
§ 7–703. Applicability
§ 7–704. Savings clause
ARTICLE 8 INVESTMENT SECURITIES
PART 1. SHORT TITLE AND GENERAL MATTERS
§ 8–101. Short title
§ 8–102. Definitions
§ 8–103. Rules for determining whether certain obligations and interests are securities or financial assets
§ 8–104. Acquisition of security or financial asset or interest therein
§ 8–105. Notice of adverse claim
§ 8–106. Control
§ 8–107. Whether indorsement, instruction, or entitlement order is effective
§ 8–108. Warranties in direct holding
§ 8–109. Warranties in indirect holding
§ 8–110. Applicability—Choice of law
§ 8–111. Clearing corporation rules
§ 8–112. Creditor's legal process
§ 8–113. Statute of Frauds inapplicable
§ 8–114. Evidentiary rules concerning certificated securities
§ 8–115. Securities intermediary and others not liable to adverse claimant
§ 8–116. Securities intermediary as purchaser for value
PART 2. ISSUE AND ISSUER
§ 8–201. Issuer
§ 8–202. Issuer's responsibility and defenses—Notice of defect or defense
§ 8–203. Staleness as notice of defect or defense
§ 8–204. Effect of issuer's restriction on transfer
§ 8–205. Effect of unauthorized signature on security certificate
§ 8–206. Completion or alteration of security certificate
§ 8–207. Rights and duties of issuer with respect to registered owners
§ 8–208. Effect of signature of authenticating trustee, registrar, or transfer agent
§ 8–209. Issuer's lien
§ 8–210. Overissue
PART 3. TRANSFER OF CERTIFICATED AND UNCERTIFICATED SECURITIES
§ 8–301. Delivery
§ 8–302. Rights of purchaser
§ 8–303. Protected purchaser
§ 8–304. Indorsement
§ 8–305. Instruction
§ 8–306. Effect of guaranteeing signature, indorsement, or instruction
§ 8–307. Purchaser's right to requisites for registration of transfer
PART 4. REGISTRATION
§ 8–401. Duty of issuer to register transfer
§ 8–402. Assurance that indorsement or instruction is effective
§ 8–403. Demand that issuer not register transfer
§ 8–404. Wrongful registration
§ 8–405. Replacement of lost, destroyed, or wrongfully taken security certificate
§ 8–406. Obligation to notify issuer or lost, destroyed, or wrongfully taken security certificate
§ 8–407. Authenticating trustee, transfer agent, and registrar
PART 5. SECURITY ENTITLEMENTS
§ 8–501. Securities account—Acquisition of security entitlement from securities intermediary
§ 8–502. Assertion of adverse claim against entitlement holder
§ 8–503. Property interest of entitlement holder in financial asset held by securities intermediary
§ 8–504. Duty of securities intermediary to maintain financial asset
§ 8–505. Duty of securities intermediary with respect to payments and distributions
§ 8–506. Duty of securities intermediary to exercise rights as directed by entitlement holder
§ 8–507. Duty of securities intermediary to comply with entitlement order
§ 8–508. Duty of securities intermediary to change entitlement holder's position to other form of security holding
§ 8–509. Specification of duties of securities intermediary by other statute or regulation—Manner of performance of duties of securities intermediary and exercise of rights of entitlement holder
§ 8–510. Rights of purchaser of security entitlement from entitlement holder
§ 8–511. Priority among security interests and entitlement holders
REVISED ARTICLE 9 SECURED TRANSACTIONS
PART 1. GENERAL PROVISIONS
§ 9–101. Short title
§ 9–102. Definitions and index of definitions
§ 9–103. Purchase-money security interest—Application of payments—Burden of establishing
§ 9–104. Control of deposit account
§ 9–105. Control of electronic chattel paper
§ 9–106. Control of investment property
§ 9–107. Control of letter-of-credit right
§ 9–108. Sufficiency of description
SUBPART 2. APPLICABILITY OF ARTICLE
§ 9–109. Scope
§ 9–110. Security interests arising under Article 2 or 2A
PART 2. EFFECTIVENESS OF SECURITY AGREEMENT, ATTACHMENT OF SECURITY INTEREST, RIGHTS OF PARTIES TO SECURITY AGREEMENT
SUBPART 1. EFFECTIVENESS AND ATTACHMENT
§ 9–201. General effectiveness of security agreement
§ 9–202. Title to collateral immaterial
§ 9–203. Attachment and enforceability of security interest—Proceeds—Supporting obligations—Formal requisites
§ 9–204. After-acquired property—Future advances
§ 9–205. Use or disposition of collateral permissible
§ 9–206. Security interest arising in purchase or delivery of financial asset
SUBPART 2. RIGHTS AND DUTIES
§ 9–207. Rights and duties of secured party having possession or control of collateral
§ 9–208. Additional duties of secured party having control of collateral
§ 9–209. Duties of secured party if account debtor has been notified of assignment
§ 9–210. Request for accounting—Request regarding list of collateral or statement of account
PART 3. PERFECTION AND PRIORITY
SUBPART 1. LAW GOVERNING PERFECTION AND PRIORITY
§ 9–301. Law governing perfection and priority of security interests
§ 9–302. Law governing perfection and priority of agricultural liens
§ 9–303. Law governing perfection and priority of security interests in goods covered by a certificate of title
§ 9–304. Law governing perfection and priority of security interests in deposit accounts
§ 9–305. Law governing perfection and priority of security interests in investment property
§ 9–306. Law governing perfection and priority of security interests in letter-of-credit rights
§ 9–307. Location of debtor
SUBPART 2. PERFECTION
§ 9–308. When security interest or agricultural lien is perfected—Continuity of perfection
§ 9–309. Security interest perfected upon attachment
§ 9–310. When filing required to perfect security interest or agricultural lien—Security interests and agricultural liens to which filing provisions do not apply
§ 9–311. Perfection of security interests in property subject to certain statutes, regulations, and treaties
§ 9–312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money—Perfection by permissive filing—Temporary perfection without filing or transfer of possession
§ 9–313. When possession by or delivery to secured party perfects security interest without filing
§ 9–314. Perfection by control
§ 9–315. Secured party's rights on disposition of collateral and in proceeds
§ 9–316. Continued perfection of security interest following change in governing law
SUBPART 3. PRIORITY
§ 9–317. Interests that take priority over or take free of security interest or agricultural lien
§ 9–318. No interest retained in right to payment that is sold—Rights and title of seller of account or chattel paper with respect to creditors and purchasers
§ 9–319. Rights and title of consignee with respect to creditors and purchasers
§ 9–320. Buyer of goods
§ 9–321. Licensee of general intangible and lessee of goods in ordinary course of business
§ 9–322. Priorities among conflicting security interests in and agricultural liens on same collateral
§ 9–323. Future advances
§ 9–324. Priority of purchase-money security interests
§ 9–325. Priority of security interests in transferred collateral
§ 9–326. Priority of security interests created by new debtor
§ 9–327. Priority of security interests in deposit account
§ 9–328. Priority of security interests in investment property
§ 9–329. Priority of security interests in letter-of-credit right
§ 9–330. Priority of purchaser of chattel paper or instrument
§ 9–331. Priority of rights of purchasers of instruments, documents, and securities underother articles—Priority of interests in financial assets and security entitlements under Article 8
§ 9–332. Transfer of money—Transfer of funds from deposit account
§ 9–334. Priority of security interests in fixtures and crops
§ 9–335. Accessions
§ 9–336. Commingled goods
§ 9–337. Priority of security interests in goods covered by certificate of title
§ 9–338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information
§ 9–339. Priority subject to subordination
SUBPART 4. RIGHTS OF BANK
§ 9–340. Effectiveness of right of recoupment or set-off against deposit account
§ 9–341. Bank's rights and duties with respect to deposit account
§ 9–342. Bank's right to refuse to enter into or disclose existence of control agreement
PART 4. RIGHTS OF THIRD PARTIES
§ 9–401. Alienability of debtor's rights
§ 9–402. Secured party not obligated on contract of debtor or in tort
§ 9–403. Agreement not to assert defenses against assignee
§ 9–404. Rights acquired by assignee—Claims and defenses against assignee
§ 9–405. Modification of assigned contract
§ 9–406. Discharge of account debtor—Notification of assignment—Identification and proof of assignment—Restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective
§ 9–407. Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest
§ 9–408. Restrictions on assignment of promissory note, health-care-insurance receivables, and certain general intangibles ineffective
§ 9–409. Restrictions on assignment of letter-of-credit rights ineffective
PART 5. FILING
SUBPART 1. FILING OFFICE—CONTENTS AND EFFECTIVENESS OF FINANCING STATEMENT
§ 9–501. Filing office
§ 9–502. Contents of financing statement—Record of mortgage as financing statement— Time of filing of financing statement
§ 9–503. Name of debtor and secured party
§ 9–504. Indication of collateral
§ 9–505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions
§ 9–506. Effect of errors or omissions
§ 9–507. Effect of certain events on effectiveness of financing statement
§ 9–508. Effectiveness of financing statement if new debtor becomes bound by security agreement
§ 9–509. Persons entitled to file a record
§ 9–510. Effectiveness of filed record
§ 9–511. Secured party of record
§ 9–512. Amendment of financing statement
§ 9–513. Termination statement
§ 9–514. Assignment of powers of secured party of record
§ 9–515. Duration and effectiveness of financing statement—Effect of lapsed financing statement
§ 9–516. What constitutes filing—Effectiveness of filing
§ 9–517. Effect of indexing errors
§ 9–518. Claim concerning inaccurate or wrongfully filed record
SUBPART 2. DUTIES AND OPERATION OF FILING OFFICE
§ 9–519. Numbering, maintaining, and indexing records—Communicating information provided in records
§ 9–520. Acceptance and refusal to accept record
§ 9–521. Uniform form of written financing statement and amendment
§ 9–522. Maintenance and destruction of records
§ 9–523. Information from filing-office—Sale or license of records
§ 9–524. Delay by filing-office
§ 9–525. Fees
§ 9–526. Filing-office rules
§ 9–527. Duty to report
PART 6. DEFAULT
SUBPART 1. DEFAULT AND ENFORCEMENT OF SECURITY INTEREST
§ 9–601. Rights after default—Judicial enforcement—Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes
§ 9–602. Waiver and variance of rights and duties
§ 9–603. Agreement on standards concerning rights and duties
§ 9–604. Procedure if security agreement covers real property or fixtures
§ 9–605. Unknown debtor or secondary obligor
§ 9–606. Time of default for agricultural lien
§ 9–607. Collection and enforcement by secured party
§ 9–608. Application of proceeds of collection or enforcement—Liability for deficiency and right to surplus
§ 9–609. Secured party's right to take possession after default
§ 9–610. Disposition of collateral after default
§ 9–611. Notification before disposition of collateral
§ 9–612. Timeliness of notification before disposition of collateral
§ 9–613. Contents and form of notification before disposition of collateral: General
§ 9–614. Contents and form of notification before disposition of collateral: Consumer-goods transaction
§ 9–615. Application of proceeds of disposition—Liability for deficiency and right to surplus
§ 9–616. Explanation of calculation of surplus or deficiency
§ 9–617. Right of transferee of collateral
§ 9–618. Rights and duties of certain secondary obligors
§ 9–619. Transfer of record or legal title
§ 9–620. Acceptance of collateral in full or partial satisfaction of obligation—Compulsory disposition of collateral
§ 9–621. Notification of proposal to accept collateral
§ 9–622. Effect of acceptance of collateral
§ 9–623. Right to redeem collateral
§ 9–624. Waiver
SUBPART 2. NONCOMPLIANCE WITH ARTICLE
§ 9–625. Remedies for secured party's failure to comply with article
§ 9–626. Action in which deficiency or surplus is in issue
§ 9–627. Determination of whether conduct was commercially reasonable
§ 9–628. Nonliability and limitation on liability of secured party—Liability of secondary obligor
PART 7. TRANSITION
§ 9–701. Effective date
§ 9–702. Savings clause
§ 9–703. Security interest perfected before effective date
§ 9–704. Security interest unperfected before effective date
§ 9–705. Effectiveness of action taken before effective date
§ 9–706. When initial financing statement suffices to continue effectiveness of financing statement
§ 9–707. Amendment of pre-effective-date financing statement
§ 9–708. Persons entitled to file initial financing statement or continuation statement
§ 9–709. Priority

TITLE 81 UNITED STATES
CHAPTER 1 SELF–GOVERNANCE COMPACT
§ 1. Self-governance compact

TITLE 82 WATERS AND WATER RIGHTS

Reserved for Future Use

TITLE 83 RESERVED

Reserved for Future Use

TITLE 84 WILLS AND SUCCESSION

Reserved for Future Use

TITLE 85 WORKERS' COMPENSATION
CHAPTER 1 GENERAL PROVISIONS
§ 1. Short title
§ 2. Definitions
§ 3. Acknowledgment of Title
§ 4. Insurance—Sovereign immunity
§ 5. Payment of benefits
§ 6. Employer—Power and duties—Joint agreements
§ 7. Compensation as exclusive remedy
§ 8. Limitations
§ 9. False statement or representation
§ 10. Medical information
§ 11. Filing of claim
§ 12. Retaliation
§ 13. Right to compensation and medical treatment benefits
§ 14. Time limit for filing of claims
§ 15. Burden of proof
§ 16. Acting under employer's directions
§ 17. Going to and returning from work
§ 18. Injuries occurring outside Cherokee Nation
§ 19. Preexisting condition
§ 20. Occupational disease
§§ 21 thru 24. Reserved
§ 25. Periodic medical examination of claimant—Effect of refusal or obstruction of examination or treatment
§ 26. Claims against third persons
§ 27. Waiting period—Overpayments—Paid leave—Absence
§ 28. Temporary total disability
§ 29. Temporary partial disability
§ 30. Condition permanent—Termination of benefits
§ 31. Notice by claimant of absence from locality
§ 32. Death benefits
§ 33. Reserved
§ 34. Artificial members
§ 35. Soft tissue injuries
§ 36. Hernia—Operations
§ 37. Disfigurement benefits
§ 38. Fee schedule
§ 39. Vocational rehabilitation services
§ 40. Modified duty
§ 41. Eyewear
§ 42. Clothing
§ 43. Travel for treatment
§ 44. Indemnity benefits exempt from creditors and writs
§ 45. Reserved
§ 46. Permanent partial disability—Permanent total disability
CHAPTER 2 DISPUTE RESOLUTION
§ 47. Arbitration
§ 48. Administrative record
§ 49. Transmission of record to reviewing court—Stipulations
§ 50. Review without jury—Additional testimony
§ 51. Time computations

[Table of Contents created by NILL in July 2016, based on materials available on tribe's website.]