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Coushatta Tribe of Louisiana Judicial Codes

Approved: 1998; Last amended: 2004

TITLE III - CRIMINAL OFFENSES


CHAPTER 1 GENERAL PROVISIONS


3.1.1 Criminal Offenses Based on Voluntary Conduct:

No person shall be convicted of an offense except based on conduct, which includes a voluntary act or the omission to perform an act of which the defendant is physically capable. Unless otherwise provided in this Code with respect to a particular offense, an offense is established only if a person acts intentionally with respect to every element of the offense.


3.1.2 States of Mind:

a) "Intentional": A defendant's state of mind is intentional with respect to a result or to conduct if the defendant's conscious objective is to engage in such conduct or to cause such a result.

b) "Negligent": Conduct is negligent if, with respect to a result or circumstance, a person should be aware of a substantial and unjustifiable risk that such a result will occur or that such a circumstance exists, and his or her conduct involves a significant deviation from the standard of care that a reasonable person would observe.

c) "Reckless": Conduct is reckless if, with respect to a result or circumstance, a person consciously and unjustifiably disregards a substantial risk that such a result will occur or that such a circumstance exists, and the risk is of such a nature and degree that its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

d) "Knowingly": A defendant acts knowingly if, when he or she engages in the conduct, he or she knows or has a firm belief, unaccompanied by substantial doubt, that he or she is doing so whether or not it is his or her purpose to do so.

3.1.3 Burden of Proof:

a) The Tribe has the burden of proving each element of an offense beyond a reasonable doubt.

b) Whenever the defendant introduces sufficient evidence of a defense to support a reasonable belief as to the existence of that defense, the Tribe has the burden of disproving such defense beyond a reasonable doubt unless this Code or another ordinance expressly requires the defendant to prove the defense by a preponderance of evidence.


3.1.4 Ignorance or Mistake:

a) Ignorance or mistake as to a matter of fact or law is a defense if:

(i) Ignorance or mistake negates the necessary mental state required for the commission of an offense; or

(ii) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.

b) Whenever in this Code an offense depends on a child being less than twelve (12) years of age, it is no defense that the defendant did not know the child's age or reasonably believed the child to be older than twelve years of age. When criminality depends on tile child being less than a critical age other than twelve years of age, it is an affirmative defense for the defendant to prove that he reasonably believed the child to be above the critical age.


3.1.5 Intoxication:

a) Intoxication is not a defense unless it negates an element of the offense.

b) When negligence or recklessness is an element of the offense, self-induced intoxication is no defense.

Intoxication does not, in itself, constitute a mental disease or defect within the meaning of Section 3.1.6.


3.1.6 Mental Disease or Defect:

a) A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, he or she lacks substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law.

b) As used in this Section, the terms "mental disease" or "defect" do not include abnormality manifested only by repeated criminal or otherwise anti-social conduct.


3.1.7 Self-Defense:

a) The use of reasonable force is a defense when a person reasonably believes that such force is immediately necessary to protect himself or herself.

b) A person is not justified in wing force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant regardless of whether tile conduct of the public servant is lawful; but clearly excessive force on the part of public servant way be resisted.

c) A person is not justified in using force if the conduct of the person against whom force is used was provoked by the defendant himself with the intent to cause physical injury to that other person.


3.1.8 Defense of Others:

The use of force in order to defend a third person is a defense if:

a) The defendant reasonably believes that the person whom he seeks to protect would be justified in using such protective force; and

b) The defendant has not, by provocation or otherwise, forfeited the right of self-defense; and

c) The defendant reasonably believes that intervention is necessary for the protection of such other person.


3.1.9 Defense of Property:

The use of force, other than deadly force, is a defense if the defendant reasonably believes that such force is necessary to prevent or terminate conduct which the defendant reasonably believes the commission or attempted commission of which is a crime involving trespass, damage to or theft of property.


3.1.10 Use of Deadly Force

The use of deadly force is a defense only where the defendant reasonably believes that such force is necessary to protect himself, herself, or another person from death, serious bodily harm, kidnapping, or a sexual act compelled by force or threat.


3.1.11 Criminal Complicity and Solicitation:

a) A person may be convicted of an offense based upon the conduct of another person when:

(i) Acting with the state of mind sufficient for the commission of the offense, the defendant causes another person to engage in such conduct; or

(ii) With the intent that an offense be committed, the defendant solicits, requests, commands, induces or intentionally aids another person to engage in such conduct.

b) The penalty for being an accomplice to a crime is the same as the penalty for being a principal in the crime.

c) A person is not liable under this Section for the conduct of another if he terminates his complicity prior to the commission of the offense and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.


3.1.12 Attempts:

a) A person is guilty of an attempt to commit a crime if the person intentionally does or omits to do anything which, under the circumstances as the defendant believes them to be, is an act or omission constituting a substantial step toward the commission of a crime.

b) A person who engages m conduct designed to aid another person to commit a crime which would establish complicity under Section 3.1.11(a)(ii) if the crime were committed by such other person is guilty of an attempt to commit the crime although the crime is not actually committed or attempted.

c) Conduct is not criminal which could only be characterized as an attempt to commit a crime which is itself defined solely in the terms of attempt.

d) The penalty for an attempted crime is the same as the penalty for the completed crime.


3.1.13 Duress:

Duress is a defense only where the defendant reasonably believes that he or she is compelled to act by the threat of death or serious bodily harm such as would render a person of reasonable firmness incapable of resisting such threat.


3.1.14 Entrapment:

Entrapment is a defense only where a law enforcement officer induces the defendant to commit an offense using persuasion or other means such as would cause a normally law-abiding person to commit the act or acts that are elements of the offense. Conduct merely affording the defendant an opportunity to commit the offense does not constitute entrapment.


3.1.15 Bigamy:

A person who marries another person while legally married to a third person is guilty of bigamy. This Section shall not apply to a person whose spouse has been absent for five (5) successive years and is reasonably believed by the defendant to be dead.


CHAPTER 2 ASSAULT AND RELATED OFFENSES


3.2.1 Aggravated AssauIt:

A person who

a) Intentionally causes serious bodily injury to another;

b) Intentionally causes bodily injury to another with a dangerous weapon; or

c) Recklessly causes serious bodily injury to another under circumstances manifesting indifference to the value of human life is guilty of aggravated assault.

Any person convicted of Aggravated Assault shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.2.2 Sexual Assault:

A person who intentionally has sexual contact with another or who causes such other person to have sexual contact with the defendant, is guilty of sexual assault, if:

a) The defendant compels the other person to submit by force or by any threat that would render a person of reasonable firmness incapable of resisting; or

b) The other person is under twelve (12) years of age; or

c) The other person is in official custody or otherwise detained in a hospital, prison or other similar institution and the defendant has supervisory or disciplinary authority over the detained person.

"Sexual contact" means any touching of the genitals or other intimate parts of the person with the intent of arousing or gratifying sexual desire.

Any person convicted of Sexual Assault shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.2.3 Simple Assault:

A person who

a) Intentionally causes bodily injury to another; or

b) Recklessly or negligently causes bodily injury to another with a dangerous weapon; or

c) Attempts by physical menace to put another in fear of serious bodily harm, or by physical menace causes another to harm himself or herself, is guilty of an assault. Where the victim of an assault is a public official or employee, it is no defense that the action of the public official or employee is unlawful so long as the official reasonably appeared to be acting within the scope of his or her duties or employment; provided, however that clearly excessive force may be resisted.

Any person convicted of Simple Assault shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


CHAPTER 3 CRIMES AGAINST PRIVATE PROPERTY


3.3.1 Arson:

A person who starts or maintains a fire or causes an explosion with intent to destroy or damage a building, occupied structure, motor vehicle, field, crop, or standing timber of another is guilty of arson.

Any person convicted of Arson shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both, and restitution to the victim.


3.3.2 Burglary:

The person who enters a building or occupied structure, or a separately secured or occupied portion of a building or structure, with intent to commit a crime therein is guilty of burglary, unless the premises are at the time open to the public or the defendant is licensed or privileged to enter.

Any person convicted of Burglary shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.3.3 Criminal Trespass:

A person who, knowing that he or she is not licensed or privileged to do so:

a) Enters or surreptitiously remains in any building or occupied structure, or separately secured or occupied portion of a building or structure; or

b) Enters or remains in any place as to which notice against trespass is given by:

(i) Actual communication to the defendant;

(ii) Posting in a manner reasonably likely to come to the attention of intruders; or

(iii) Fencing or other enclosures manifestly designed to exclude intruders; or

c) Intentionally allows an animal to occupy or graze on the lands of another person is guilty of criminal trespass.

Any person convicted of Criminal Trespass shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


CHAPTER 4 THEFT AND RELATED CRIMES


3.4.1 Theft:

A person who

a) Intentionally takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof; or

b) Intentionally obtains the property of another by misrepresentation or deception; or

c) Intentionally obtains the property of another by threat of force; or

d) Receives, retains or disposes of the property of another knowing that it has been stolen or believing that it has probably been stolen, unless the property is received, retained or disposed of with interest to restore it to the owner; or

e) Comes into control of property of another that the defendant knows was lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, and with intent to deprive the owner thereof, fails to take reasonable measures to restore the property to the person entitled to have it; or

f) Intentionally obtains services, known by the defendant to be available only for compensation, by avoiding payment for the services, or, having control over the disposition of services of another to which he or she is not entitled, knowingly diverts those services to the defendant's own benefit or to the benefit of another not entitled thereto; or

g) Intentionally disposes of, uses, or transfers any interest in property which has been entrusted to the defendant as a parent or guardian of a minor, or for any other reason, for other than the purpose of purposes for which the property was placed in trust; or

h) Intentionally misbrand or alters the brand or mark on any livestock of another person is guilty of theft.

Conduct denominated "theft" in this Section constitutes a single offense embracing the several offenses heretofore known as embezzlement, extortion, fraud, larceny, receiving stolen property, misbranding, and the like.

Any person convicted of theft shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both, and restitution to the victim.


3.4.2 Robbery:

A person who, in the course of committing or attempting to commit a theft or while fleeing from the commission or attempted commission of a theft;

a) Inflicts or attempts to inflict bodily injury upon another person; or

b) Threatens or menaces another with immediate bodily injury is guilty of robbery.

Any person convicted of Robbery shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both, and restitution to the victim.


3.4.3 Criminal Mischief:

A person intentionally or recklessly:

a) Damages intangible property of another person; or

b) Tampers with tangible property of another person so as to endanger person or property is guilty of criminal mischief.

Any person convicted of Criminal Mischief shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim.


3.4.4 Issuing Bad Checks:

A person who issues any check, draft or order upon any bank or other depository knowing that there are not sufficient funds in his or her account to pay such check, draft or order in full upon presentation is guilty of issuing bad checks. No person shall be prosecuted under this Section unless he or she has been notified in writing of the insufficiency of funds, has been given at least ten (10) days in which to make restitution, and has failed to make such restitution.

Any person convicted of Issuing Bad Checks shall be sentenced to imprisonment for a period not to exceed ninety (90) days or a fine not to exceed $500.00 plus court costs, or both, and restitution to the victim.


3.4.5 Forgery:

A person who, with intent to deceive or harm the Tribe or any other person, knowingly and falsely makes, completes, executes, authenticates, issues, transfers or alters any writing. Any person convicted of Forgery shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim.


CHAPTER 5 CRIMES AGAINST THE PUBLIC ORDER


Explosives and Weapons Offenses:


3.5.1 Carrying Concealed Dangerous Weapons:

A person who carries, concealed about his or her person without specific governmental approval, any of the following weapons, is guilty of carrying a concealed dangerous weapon:

a) Blackjack, billy club, gludgeon, metal knuckles or knife with a blade over six (6") inches long or other sharp or dangerous instrument usually employed in the attack or defense of a person; or

b) A gun or dangerous firearm, whether loaded or unloaded.

Any person convicted of Carrying Concealed Dangerous Weapons shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim. In addition to the penalty prescribed for such an offense, a person convicted of carrying a concealed weapon may be ordered by the Court to forfeit such weapon to the Tribe.


3.5.2 Possession of Explosives:

A person who possesses, transports or controls any nitroglycerin, dynamite or other dangerous explosive, unless such explosive is possessed in the prosecution of or to effect a lawful purpose previously approved by the Tribal Council, is guilty of possession of explosives.

Any person convicted of Possession of Explosives shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim. In addition to the penalty prescribed for such an offense, a person convicted of possession of explosives may be ordered by the Tribal Court to forfeit such explosives to the Tribe.


3.5.3 Use of Dangerous Weapons by Children:

A parent, guardian, or other person having charge or custody of a minor under sixteen (16) years of age who knowingly allows such minor to carry or use in public a dangerous weapon listed in Section 3.5.1 except when such minor is in the company and under the direct or indirect control of such parent, guardian or other adult person is guilty of use of dangerous weapons by children. Any person convicted of Use of Dangerous Weapons by Children shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim. In addition to the penalty prescribed for such an offense, a person convicted of use of dangerous weapons by children may be ordered by the Tribal Court to forfeit such weapon to the Tribe.


3.5.4 Unlawful Discharge of Firearms:

A person who

a) Discharges a firearm in a careless or reckless manner so as to endanger a person or property within the Coushatta Reservation; or

b) Discharges a firearm within 100 feet of a resident, business or roadway is guilty of unlawful discharge of firearms.

Any person convicted of Unlawful Discharge of Firearms shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim. In addition to the penalty prescribed for such an offense, a person convicted of unlawful discharge of firearms may be ordered by the Tribal Court to forfeit such firearm to the Tribe.


3.5.5 Unlawful Possession of Firearms:

A person other than a law enforcement officer engaged in official duties who:

a) Possesses, obtains, receives, sells or uses a short-barrelled rifle (16" or less) or short-barrelled shotgun (18" or less); or

b) Possesses or owns a firearm after having been convicted in any jurisdiction of a felony that involved possession of a firearm; is guilty of unlawful possession of firearms.

Any person convicted of Unlawful Possession of Firearms shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both, and restitution to the victim. In addition to the penalty prescribed for such an offense, a person convicted of unlawful possession of firearms may be ordered by the Tribal Court to forfeit such weapon to the Tribe.


CHAPTER 6 DRUGS AND RELATED OFFENSES:


3.6.1 Unlawful Production, Sale, Possession or Use of Drugs:

Any person who knowingly produces, sells or possesses marijuana or any narcotic drug, including any substance containing opium, coca leaves, any opiate or any substance, compound or derivative thereof, any salt, compound, isomer derivative or preparation thereof which chemical equivalent or identical with any of the substances referred to above but not including the isoquinoline alkaloids of opium, or who shall inhale the fumes of any gasoline, airplane glue, or any other similar noxious substance for the purposes of producing intoxication is guilty of unlawful production, sale, possession or use of drugs.

Any person convicted of unlawful production or sale of drugs shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both. Any person convicted of Unlawful Possession of Drugs shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.

Any drugs, drug paraphernalia, and property used or obtained in the commission of any crime under this Section shall be subject to forfeiture as ordered by the Court.


CHAPTER 7 OFFENSES INVOLVING GOVERNMENTAL PROCESSES:


3.7.1 Hindering Law Enforcement:

A person who knows that another person has or may have committed a criminal offense and intentionally interferes with, hinders, delays or prevents the discovery, arrest, prosecution, conviction or punishment of such other person by:

a) Harboring or concealing such other person;

b) Providing such other person with a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension;

c) Warning such other person of impending discovery or apprehension, unless the warning is intended to induce such person to give himself up to a law enforcement officer;

d) Giving false information or a false report to a law enforcement officer, knowing such information or report to be false, or

e) Attempting to influence the deliberation of a jury; is guilty of hindering law enforcement.

Any person convicted of Hindering Law Enforcement shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180). days or a fine not to exceed $1,000.00 plus court costs, or both.


3.7.2 Perjury:

A person who, in any official proceeding of the Coushatta Tribe, makes a false statement or interpretation under oath or equivalent affirmation, or swears or affirms the truth of a statement of interpretation previously made when the statement or interpretation is material and the defendant does not believe it to be true, is guilty of perjury. Falsification is material if it could have affected the course or outcome of the proceeding.

Any person convicted of Perjury shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.7.3 Criminal Contempt:

All Courts of the Coushatta Tribe have power to punish for contempt of their authority the following offenses:

a) Misbehavior of any person in the presence of the Court or so near thereto as to obstruct the administration of justice; or

b) Disobedience or resistance to any process, order, subpoena, warrant or command of the court.

Any person convicted of Criminal Contempt shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


3.7.4 Resisting Arrest:

A person who, with intent to prevent a law enforcement officer from effecting an arrest:

a) Flees from a law enforcement officer after being told by an officer that the person is under arrest; or

b) Creates a substantial risk of bodily harm to the officer or any other person, or employs means justifying substantial force to overcome the resistance; is guilty of resisting arrest.

The court in its discretion may require a person convicted of resisting arrest to make restitution to the police officer for property of the officer that was damaged as the result of the person's resistance. A person is guilty of an offense under this Section regardless of whether the arrest resisted is lawful or unlawful but force that is clearly excessive may be resisted.

Any person convicted of Resisting Arrest shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


3.7.5 Escape:

A person who unlawfully removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period is guilty of escape. "Official Detention" does not include supervision of probation or parole or constraint incidental to release on ball.

Any person convicted of Escape shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.7.6 Disorderly Conduct and Related Offenses:

A person who, with intent to harass, alarm or annoy another person, or in reckless disregard of the fact that another person is harassed, annoyed or alarmed by his or her behavior:

a) Engages in fighting, or in violent, tumultuous or threatening behavior;

b) Makes loud or disturbing noise after 10:00 P.M. unless in connection with a function previously authorized by the Tribal Council;

c) In a public place, uses abusive or obscene language, or makes an obscene gesture;

d) Obstructs vehicular or pedestrian traffic, or the use of a public facility;

e) Persistently follows another person in or about a public place or places;

f) Solicits sexual activity while loitering in a public place; or

Creates a hazardous, physically offensive, or seriously alarming condition by an act which serves no legitimate purpose; is guilty of disorderly conduct.

Any person convicted of Disorderly Conduct and Related Offenses shall be sentenced to imprisonment for a period not to exceed ninety (90) days or a fine not to exceed $500.00 plus court costs, or both.


CHAPTER 8 EXPLOITATION OF CHILDREN:


3.8.1 Contributing to the Delinquency of a Minor:

A person, including a parent or other person with lawful custody of a minor, who intentionally, negligently or recklessly causes, encourages, contributes to or aids a minor in committing a delinquent act or status offense, is guilty of contributing to the delinquency of a minor. Any person convicted of Contributing to the Delinquency of a Minor shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


3.8.2 Failure to Support a Dependent Person:

A person who knowingly fails to provide support that he or she is legally obligated to provide to his or her child born in or out of wedlock or to another dependent is guilty of failure to support a dependent person.

Any person convicted of Failure to Support a Dependent Person shall be sentenced to imprisonment for a period not to exceed ninety (90) days or a fine not to exceed $500.00 plus court costs, or both.


3.8.3 Failure to Send a Child to School:

A person who, without justification or excuse, fails to send a child under his or her care to school is guilty of failure to send a child to school. For the purposes of this Section, a child is a person under the age of sixteen (16) years of age.

Any person convicted of Failure to Send a Child to School shall be sentenced to imprisonment for a period not to exceed ninety (90) days or a fine not to exceed $500.00 plus court costs, or both.


3.8.4 Unlawful Possession of Intoxicating Beverages by Minors:

A person under the age of twenty-one (21) years who purchases or has in his or her possession any intoxicating beverage is guilty of unlawful possession of intoxicating beverages by minors. Any person convicted of Unlawful Possession of Intoxicating Beverages by Minors shall be sentenced to imprisonment for a period not to exceed ninety (90) days or a fine not to exceed $500.00 plus court costs, or both. In addition to the penalty prescribed for such an offense, all alcoholic beverages possessed in violation of this Section will be forfeited to the Tribe, and disposed of in accordance with the Order of the Court.


3.8.5 Littering:

Any person who shall dispose of any garbage or other forms of litter or waste or shall abandon any vehicle or other property anywhere within the boundaries of the Reservation or any Tribal Property within the criminal jurisdiction of the Tribe, except in public waste disposal grounds designated by the Tribal Council shall be guilty of an offense and upon conviction thereof shall be sentenced to jail for a period of not more than fifteen (15) days or to pay a fine of not more than $500.00 or both, with costs. Any abandoned vehicle or other property may be seized by the Coushatta Public Safety Department pursuant to an Order of the Coushatta Court and may be sold or otherwise disposed of as the Court shall direct. Abandonment shall be presumed when any vehicle or other property is left unattended in any public area for twenty-four (24) hours. The Court may require the owner of the abandoned vehicle to reimburse the Coushatta Public Safety Department for the costs of towing, impoundment and any other related costs.


3.8.6 Public Drunkenness; Drug Incapacitation:

Any person who shall appear in any public place manifestly under the influence of alcohol, or any other drug, or narcotic, to the degree that he endangers himself or another person or property, or causes a public disturbance, shall be guilty of an offense and upon conviction thereof, shall be sentenced to jail for a period of not more than thirty (30) days, or to pay a fine of not more than $500.00 or both, with costs. Drunkenness alone, in the absence of the foregoing aggravating factors, shall not be an offense.


3.8.7 Vehicles - Unauthorized Use of:

Any person who shall operate another's automobile, motorcycle, motorboat, or other motor- propelled vehicle without the consent of the owner shall be guilty of an offense and upon conviction thereof shall be sentenced to jail for a period of not more than sixty (60) days or to pay a fine of not more than $1,000.00 or both, with costs. It is an affirmative defense to prosecution under this Section that the defendant reasonably believed that the owner would have consented to the operation if he had known of it.


CHAPTER 9 LIMITATIONS


3.9.1 Limitations:

No prosecution shall be maintained under this Title unless it is commenced within one (1) year after the commission of the offense.


CHAPTER 10 CRIMES AGAINST PERSONS


3.10.1 Murder:

Whoever intentionally causes the death of another human being is guilty of murder.

Any person convicted of Murder shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.2 Manslaughter:

A person who recklessly causes the death of another human being is guilty of manslaughter.

Any person convicted of Manslaughter shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.3 Negligent Homicide:

A person who, negligently causes the death of another human being is guilty of negligent homicide.

Any person convicted of Negligent Homicide shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.4 Causing or Aiding Suicide:

A person who, by force, duress or deception, intentionally causes another person to commit or attempt to commit suicide, or aids or solicits another to commit or attempt to commit suicide is guilty of causing or aiding suicide.

Any person convicted of Causing or Aiding Suicide shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.5 Kidnapping:

A person who, by force, threat or deception:

a) Removes another person against his or her will from his or her place of residence or business, or a substantial distance from the vicinity where he or she is located; or

b) Confines another person for a substantial period against his or her will is guilty of kidnapping.

Any person convicted of Kidnapping shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.6 Rape:

A person who engages in a sexual act with another person, or who causes another person to engage in a sexual act, is guilty of rape if:

a) The defendant compels the other person to submit by force or by any threat that would render a person of reasonable firmness incapable of resisting; or

b) The defendant, or someone else with the defendant's knowledge, has substantially impaired the other person's power to appraise or control that person's knowledge by administering intoxicants, drugs or other similar substances with the intent to prevent resistance; or;

c) The other person is unconscious; or

d) The defendant knows that the other person submits because the other person falsely supposes the defendant to be someone else, unless the defendant is the spouse of the other person; or

e) The other person is under twelve (12) years of age; or

f) The defendant knows that the other person suffers forma mental disease or defect which renders that person incapable of understanding the nature of his or her conduct, unless the defendant is the spouse of the other person; or

g) The other person is in official custody or otherwise detained in a hospital, prison, or other similar institution and the defendant has supervisory and disciplinary authority over the detained person.

"Sexual act" means sexual contact between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus. For the purposes of this Code, sexual contact between the penis and the vulva, or between the penis and the anus, occurs upon penetration, however slight. Emission is not required.

Any person convicted of Rape shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.7 Statutory Rape:

A person eighteen (18) years of age or older who engages in a sexual act (as defined in Chapter 3, Section 10.6) with another person who is between the ages of twelve (12) and fifteen (15) years, inclusive, is guilty of statutory rape.

Any person convicted of Statutory Rape shall be sentenced to imprisonment for a period not to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00 plus court costs, or both.


3.10.8 Indecent Exposure:

A person who exposes his or her genitals or other intimate parts under circumstances likely to cause affront or alarm is guilty of indecent exposure.

Any person convicted of Indecent Exposure shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


3.10.9 Prostitution and Patronizing a Prostitute:

A person who

a) Is an inmate of a house of prostitution, manages a house of prostitution, or is otherwise engaged in sexual activity as a business; or

b) Solicits another person to hire a prostitute or commit an act of prostitution; or

c) Loiters in view of any public place with the intent of being hired to engage in sexual activity; or

d) Hires a prostitute to engage in sexual activity or enters or remains in a house of prostitution with intent to engage in sexual activity; is guilty of prostitution or patronizing a prostitute.

"Sexual activity" means sexual act or sexual contact as defined in Chapter 3, Section 10.6. Any person convicted of Prostitution or Patronizing a Prostitute shall be sentenced to imprisonment for a period not to exceed one hundred eighty (180) days or a fine not to exceed $1,000.00 plus court costs, or both.


Commentary

The penalties provided for in this chapter are limited by the Indian Civil Rights Act, 25 U.S.C.A. 1301 et seq. The Major Crimes Act establishes fourteen enumerated crimes over which federal jurisdiction has been assumed and is concurrent with the tribe's criminal jurisdiction. The United States may prosecute any intra-tribal crime listed in the Major Crimes Act as follows:

18 U.S.C. 1153. Offenses committed within Indian country

a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. (1) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.

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