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Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians

Enacted July 5, 1995. Including Updates Through 2004.

CHAPTER 71: CRIMINAL OFFENSES

SUBCHAPTER I: INTRODUCTORY MATTERS

71.101 Purposes.

(1) The general purposes of the provisions governing the definition of offenses are:

(a) to forbid and deter conduct which unjustifiably and inexcusably inflicts or threatens substantial harm to individual or tribal interests; and

(b) to give fair warning of the nature of conduct declared to constitute criminal offenses.

(2) The general purposes of the provisions governing the sentencing and treatment of offenders are:

(a) to punish the offender for crimes against the Tribe;

(b) to remove offenders from the tribal community when required in the interests of public protection;

(c) to promote the correction and rehabilitation of offenders;

(d) to deter the commission of offenses;

(e) to pay restitution to the injured party.


71.102 Repealer.

(1) Except as provided in sub. (3), the following are repealed in their entirety:

(a) Chapter 4 of the Law and Order Code, adopted by Resolution No. 11-28-79E;

(b) any later amendments to Chapter 4;

(c) the recodification of Chapter 4 as Tribal Code Chapter 71: Criminal Offenses enacted as part of the Tribal Code by Resolution 95-89; and

(d) any later amendments to Chapter 71.


71.103 Effective Date.

This Chapter shall take immediate effect. The provisions of this Chapter shall apply to any offense committed on or after the date of enactment.

 

SUBCHAPTER II: DEFINITIONS

71.201 General Provisions.

(1) For the purpose of this Chapter, certain terms are defined in this subchapter. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and words in the masculine gender include the feminine gender. The word "shall" is always mandatory and not merely directory.

(2) The definitions set forth in Tribal Code '70.102 shall apply to this Chapter as well.


71.202 Aggravated Injury.

"Aggravated injury" means a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health or impairment of a part of the body.


71.203 Credible Threat.

"Credible threat" means a threat, verbal or nonverbal, that would cause a reasonable person to fear for his safety or the safety of a household member, including a spouse, former spouse, family member, present or former household member or co-parent of a child. 


71.204 Weapon.

"Weapon" means a firearm, knife, or any of the following: any dart, blow-gun, air or pellet gun, non-safety razor, blackjack, billy club, sand club, sand bag, any hand-operated striking weapon consisting at the striking end of an encased heavy substance or at the handle end a strap or springy shaft which increases the force of the impact, any device designed for propelling by release of gas or a spring pressure, any device designed to discharge chemicals as an offensive or defensive weapon, a bomb or any other explosive or incendiary device or Molotov cocktail, brass knuckles or other device intended to be worn on the hand or other part of the body for infliction of injury to another person, stun gun, shocking device or any other device used to inflict bodily injury. 


71.205 Deviate Sexual Contact.

"Deviate sexual contact" means any act of sexual gratification with another human being involving contact of the genital organs of one and any other orifice of the body of another. 


71.206 Family Member.

"Family member" means a spouse, a parent, a child or a person related by consanguinity to another person. 


71.207 Firearm.

"Firearm" means any gun, revolver, pistol, shotgun, or other weapon which discharges a projectile by explosive force. 


71.208 Household Member.

"Household member" means a person currently or formerly residing in a place of abode with another person.

 

72.209 Knife.

"Knife" means any dagger, dirk, knife, sword, spear, or stiletto with a blade over three and one-half (3 1/2) inches in length, or any other instrument capable of inflicting cutting, stabbing or tearing wounds, but it does not include a hunting or fishing knife carried for sport or other lawful use.


71.210 Indian.

"Indian" means any person who is:

(1) a member of the Tribe; or

(2) any other person who would be subject to the jurisdiction of the United States as an Indian under 18 U.S.C. '1153 if that person were to commit an offense listed in that section in Indian country to which that section applies.

 

71.211 Litter.

"Litter" means all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substance of every kind and description.


71.212 Mental State: "Purposely or Intentionally".

A person acts purposely or intentionally with respect to a material element of an offense, when:

(1) if the element involves the nature of the person's conduct or a result thereof, it is the person's conscious object to engage in the conduct of that nature or to cause such a result; and

(2) if the element involves the attendant circumstances, the person is aware of the existence of such circumstances or the person believes or hopes that they exist.


71.213 Mental State: "Knowingly".

A person acts knowingly with respect to a material element of an offense, when:

(1) if the element involves the nature of the person's conduct or the attendant circumstances, the person is aware that the conduct is of that nature or that such circumstances exist; and

(2) if the element involves a result of the conduct, the person is aware that it is practically certain that the conduct will cause such a result.


71.214 Mental State: "Recklessly".

A person acts recklessly with respect to a material element of an offense, when the person consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the person's conduct and the circumstances known to the person, its disregard involves a gross deviation of the standard of conduct that a law-abiding person would observe in the actor's situation.


71.215 Mental State: "Negligently".

A person acts negligent with respect to a material element of an offense, when the person should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the person's failure to perceive it, considering the nature and purpose of the person's conduct and the circumstances known to the person, involves a gross deviation from the standard of care that a reasonably prudent person would observe in the actor's situation.


71.216 Overt Act.

"Overt act" means an open, manifest act from which criminality may be implied.


71.217 Riot.

"Riot" means a public disturbance involving an assemblage of three (3) or more persons which by tumultuous and violent conduct creates substantial danger of damage or injury to property or persons or substantially obstructs the performance of any lawful governmental function.


71.218 Sexual Contact.

"Sexual contact" means any intentional touching of the genital organs of a male or female person, or the breasts of a female person, or any portion of the body of a female person between the knees and a line around the circumference of the abdomen at the point of the navel, whether the touching is on the bare skin or on intervening clothing.


71.219 Sexual Intercourse.

"Sexual intercourse" means penetration, however slight.


71.220 Substantial Step.

"Substantial step" means any conduct, whether act, omission or possession which is corroborative of the actor's intent to commit the other offense.


71.221 Tribe.

"Tribe" (or "tribal") means (or refers to) the Sault Ste. Marie Tribe of Chippewa Indians.

 

SUBCHAPTER III: JURISDICTION

71.301 Generally.

The offenses specified in this Chapter, or those provided for in other chapters of the Tribal Code, constitute forbidden criminal conduct against the Tribe. Persons committing such offenses may be tried and punished by the Tribal Court as provided for by this Chapter and Chapter 70; provided, however, that such jurisdiction, whether or not exercised, shall not affect the power or authority of any other courts, including those of the United States, or the State of Michigan, which may have jurisdiction.


71.302 Persons Under the tribe's Criminal Jurisdiction.

(1) The criminal jurisdiction of the Tribe shall extend to all Indians, and all other persons over whom the exercise of criminal jurisdiction by the Tribe is authorized or permitted by federal law.

(2) The criminal jurisdiction of the Tribe shall extend to all persons, whether or not Indians, who violate '71.501 (contempt), '71.502 (disobedience of a court order)or '71.503 (perjury). [see Canby (2d ed.) p. 139]


71.303 Territorial Extend.

(1) Except as provided in sub. (2), the criminal jurisdiction of the Tribe shall extend to:

(a) all land within the limits of the tribe's reservation, including trust land, fee patented land and rights of way running through the reservation; and

(b) all land outside the boundaries of the tribe's reservation held in trust by the United States for individual members of the Tribe or for the Tribe; and

(c) all other land considered "Indian county" as defined by 18 U.S.C. '1151 that is associated with the Tribe.

(2) The criminal jurisdiction of the Tribe shall extend to the following offenses wherever committed:

(a) Embezzlement and theft from a tribal organization, ' 71.808;

(b) Abuse of office, '71.1101, if the office involved is a tribal office;

(c) Improper influence of a tribal official, '71.1102;

(d) Election fraud, '71.1103, if the election involved is a tribal election;

(e) Malicious criminal prosecution, '71.1104, if the prosecution involves the Tribal Court;

(f) Obstruction of justice, '71.1105, if the investigation involves a violation of tribal law or the case involved is in Tribal Court;

(g) Public bribery, '71.1006, if the public servant involved is an official, appointee, judge or employee of the Tribe; [see Settler v. Lameer]

(h) Refusing, omitting and delaying to arrest, '71.1107; and

(i) Filing fictitious report, '71.1109.

 

SUBCHAPTER IV: GENERAL PROVISIONS

71.401 Affirmative Defenses.

(1) Unless the prosecution's evidence raises an issue of affirmative defense to an alleged offense, the defendant, to raise the issue, must present some credible evidence on that issue. If the issue involved in an affirmative defense is raised, the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.

(2) Affirmative defenses include but are not necessarily limited to the following:

(a) Alibi. The evidence must indicate that the defendant's whereabouts at the time of the crime make it impossible or impracticable to place the defendant at the scene of the crime.

(b) Claim of right. The evidence must indicate that the person thought the property to be legally his, and that he was operating under an honest conviction that he was acting under claim of right.

(c) Duress. The evidence must indicate that the person engaged in the conduct charged because he was coerced against his will by the use, or the threatened use of, unlawful force against his person or the person of another. The coercion must be such that a reasonable person would be unable to resist.

(d) Protection of self, property or other person. The use of reasonable force towards another person is justified when:

(i) the force is directed toward one who is using unlawful force; and

(ii) the person using such force reasonably believes that use of force is necessary for the person's protection or that of a third person.

The use of reasonable force toward another person is justified if used to prevent the unlawful entry into the dwelling of the person asserting the defense or to prevent the unlawful carrying away of personal property.

(e) Those affirmative defenses specified elsewhere in this Chapter or another chapter of the Tribal Code.


71.402 Double Jeopardy.

(1) If a criminal prosecution is for a violation of the same provision of law and is based upon the same facts as a former prosecution in Tribal Court, it is barred by the former prosecution, when:

(a) the former prosecution resulted in an acquittal; or

(b) the former prosecution proceeded on the basis of a plea of guilty or no contest; or

(c) the former prosecution resulted in a conviction which has not been reversed or vacated.


71.403 Intoxication.

Intoxication of the defendant is not a defense to the charge of a criminal offense, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate the existence of a specific intent, if such intent is an element of the crime charged.


71.404 Multiple Counts.

(1) When the conduct of a defendant establishes the commission of more than one offense, the defendant may be prosecuted for each such offense, unless:

(a) inconsistent findings of facts are required to establish the commission of the offense; or

(b) the offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or

(c) the offense is defined as a continuing course of conduct and the defendant's course was uninterrupted unless the law provides that specific periods or instances of such conduct constitute separate offenses.

(2) If the same conduct is defined as an offense in different chapters of the Tribal Code or in different sections of this chapter, the offender may be prosecuted under any one or all of such sections or chapters subject to the limitations provided by this section. It shall be immaterial to such prosecution that one of the enactments or sections provides a lesser penalty than another, or was enacted at a later date than another unless the later section or enactment specifically repeals the earlier.


71.405 Presumption of Innocence.

(1) Every person is presumed innocent of any offense with which he is charged until proven guilty.

(2) No person shall be convicted of any offense unless his guilt, as to each material element, is proven beyond a reasonable doubt.

 

SUBCHAPTER V: CONTEMPT OF COURT

71.501 Contempt.

(1) Offense. A person commits the offense of contempt of court, if:

(a) he intentionally fails to maintain the respect due the Tribal Court; or

(b) he intentionally engages in any offensive conduct in the Tribal Court courtroom.

(2) Sentence. A person deemed guilty of contempt of court shall be subject to immediate sentencing by the Tribal Court judge and may be sentenced to a jail term not to exceed ninety days, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.502 Disobedience of a Court Order.

(1) Offense. A person commits the offense of disobedience of a court order, if he intentionally disobeys any outstanding order, subpoena, warrant or command duly issued by the Tribal Court or by any Tribal Court judge.

(2) Sentence. A person convicted of disobedience of a court order may be sentenced to a jail term not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.503 Perjury.

(1) Offense. A person commits the offense of perjury, if he makes any sworn statement, either in writing or orally, or a sworn affidavit, before the Tribal Court, knowing or having reasonable cause to know the same to be false, or if he induces another person to do so.

(2) Sentence.

(a) Except as provided in sub. (b), a person convicted of perjury may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine of not to exceed One Thousand Dollars ($1,000.00), or both.

(b) If any other person is unjustly deprived of liberty or property, or the use or benefit thereof, as a result of such perjury, the sentence may be imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

 

SUBCHAPTER VI: SCHEMING AND PLANNING OFFENSES

71.601 Aiding and Abetting.

(1) Offense. A person commits the offense of aiding and abetting, if:

(a) with the intent to promote or facilitate the act or conduct constituting the commission of the offense, he aids, abets or advises such other person in planning or committing the offense.

(2) Sentence. A person convicted of the offense of aiding and abetting shall be subject to the same sentence as provided for the underlying crime.

(3) Comment. A person shall not be convicted of aiding and abetting if the principle offender is not found guilty of the underlying crime.


71.602 Conspiracy.

(1) Offense. A person commits the offense of criminal conspiracy, if with the intent to promote or facilitate the commission of another offense,

(a) he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes such other offense or an attempt to commit such other offense; or

(b) he agrees to aid such other person or persons in planning and commission or such other offense or of an attempt to commit such other offense.

(2) Sentence. A person convicted of criminal conspiracy shall be subject to the same punishment s that specified for the offense which was the subject of the conspiracy. However, the penalty shall not exceed the maximum specified for the offense which was the subject of the conspiracy, whether or not such other offense was committed.

(3) Comment.

(a) Factual or legal impossibility of committing the other offense is not a defense to a charge of criminal attempt, if the other offense would have been committed had the attendant circumstances been as the actor believed them to be.

(b) A person who engages in conduct intending to aid another to commit any offense commits criminal attempt if the conduct would establish his complicity under '71.601 were the offense to be committed by the other person, even if the other person is not guilty of committing or attempting the offense.


71.603 Solicitation.

(1) Offense. Except for authorized acts of persons authorized by law to investigate the commission of offenses by others, a person commits the offense of criminal solicitation, if he commands, induces, entreats or otherwise attempts to persuade another person to commit an offense, whether as principal or accomplice, with he intent to promote or facilitate the commission of that crime.

(2) Sentence. A person convicted of criminal solicitation shall be subject to the same punishment as that for the completed offense. However, the penalty for solicitation shall not exceed the maximum specified for the offense which was the subject of the solicitation whether or not the offense was committed.

(3) Comment. It is no defense to a prosecution under this section that the person solicited could not commit or could not be guilty of the offense because of lack of responsibility, culpability or other incapacity.

 

SUBCHAPTER VII: OFFENSES AGAINST THE PERSON

71.701 Assault.

(1) Offense. A person commits the offense of assault, if:

(a) he attempts to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery; and

(b) he intended either to injure the person or intended to put the person in reasonable fear or apprehension of an immediate battery.

(2) Sentence. A person convicted of assault may be sentenced to imprisonment for a period not to exceed four (4) months or a fine not to exceed Two Thousand Dollars ($2,000.00) or both.


71.702 Battery.

(1) Offense. A person commits the offense of battery, if:

(a) he forcefully or violently strikes or touches another person or something closely connected with the person; and

(b) he intended either to injure the person or intended to make the person reasonably fear immediate injury.

(2) Sentence. A person convicted of battery may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Three Thousand Dollars ($3,000.00), or both.


71.703 Assault with a Weapon.

(1) Offense. A person commits the offense of assault with a weapon if:

(a) he committed an assault as defined in '71.701(1); and

(b) he had the ability to commit a battery, or appeared to have the ability, or thought he had the ability; and

(c) he committed the assault with a weapon.

(2) Sentence. A person convicted of assault with a weapon may be sentenced to imprisonment for a period not to exceed nine (9) months, or a fine not to exceed Four Thousand Dollars ($4,000.00), or both.


71.704 Aggravated Battery.

(1) Offense. A person commits the offense of aggravated battery, if:

(a) he tried to physically injure another person; and

(b) he intended to injure or intended to cause another person to reasonably fear an immediate battery; and

(c) the assault caused an aggravated injury.

(2) Sentence. A person convicted of aggravated battery may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.705 Battery on a Law Enforcement Officer.

(1) Offense. A person commits the offense of battery on a law enforcement officer, if:

(a) he uses force to intentionally injure a law enforcement officer; and

(b) the injury required medical care; and

(c) he injured the law enforcement officer, while the officer was making a lawful arrest; and

(d) he knew the officer was a law enforcement officer.

(2) Sentence. A person convicted of battery on a law enforcement officer may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.706 Harassment.

(1) A person commits the offense of harassment, if:

(a) he knowingly pursues a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and which serves no lawful purpose; and

(b) the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.

(2) Sentence. A person convicted of harassment may be sentenced to imprisonment for a period not to exceed two (2) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.707 Stalking.

(1) Offense. A person commits the offense of stalking, if he knowingly pursues a person in a pattern of conduct that poses a credible threat to another person and the conduct is intended to place that person in reasonable apprehension of death, bodily harm, unlawful sexual contact, confinement or restraint, provided that, in furtherance of the threat, the stalker must commit one or more of the following acts on more than one occasion:

(a) follow a person, other than in the residence of the stalker; or

(b) placing a person under surveillance by remaining present outside that person's residence, work-place, or vehicle or any other place frequented by the person other than in the residence of the stalker; or

(c) harassing a person, as defined in '71.706(1).

(2) Sentence. A person convicted of stalking may be sentenced to imprisonment for a period of up to six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.708 Homicide.

(1) Offense. A person commits the offense of criminal homicide, if:

(a) he intentionally causes the death of another person; or

(b) with the intent to cause bodily injury to a person, or to assault, threaten, menace, intimidate or endanger any person, he causes the death of that person or any other person; or

(c) acting alone or with one or more persons, he voluntarily commits or participates in the commission or attempt to commit arson, theft, burglary, kidnapping, assault or unlawful sexual behavior, and in the course of or in furtherance of the crime that is being committed or attempted, or in the immediate flight therefrom by anyone, the death of a person is caused; or

(d) he recklessly or by gross negligence causes the death of another person; or

(e) under circumstances manifesting indifference to the value of human life, he intentionally engages in conduct which creates significant risk of injury or death to a person, and thereby causes the death of another person; or

(f) he operates a motor vehicle in a reckless or grossly negligent manner, or while intoxicated, or while under the influence or alcohol, drugs or other intoxicant, and such conduct causes the death of another person.

(2) A person convicted of criminal homicide may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.709 Kidnapping.

(1) Offense. A person commits the offense of kidnapping, if:

(a) he forcibly or otherwise seizes and carries any person from one place to another without his consent and without legal justification or lawful authority; or

(b) he entices, takes or decoys away any child under the age of eighteen (18) years not his own, with the intent to keep or conceal the child from the child's parent, guardian or lawful custodian; or

(c) he intentionally confines, restrains or detains another without the other's consent; or

(d) he is a natural, adoptive or foster parent of a child under the age of eighteen (18) years, but knowing or having reasonable cause to know that he has no privilege to do so, he takes or entices such child from the custody of another parent, guardian or lawful custodian.

(2) Sentence. A person convicted of kidnapping may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

 

SUBCHAPTER VIII: PROPERTY RELATED OFFENSES

71.801 Arson.

(1) Offense. A person commits the offense of arson, if without legal justification or lawful authority to do so, he intentionally sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another, including public property or any unit of government, or in which another has any legally recognized interest.

(2) Sentence. A person convicted of arson may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.802 Burglary.

(1) Offense. A person commits the offense of burglary, if:

(a) he knowingly enters, breaks into or remains unlawfully in a building, other structure or motor vehicle belonging to another with the intent to commit therein a crime against person or property, other than criminal trespass as defined in '71.902; or

(b) he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, telephone coin box, vehicle, or other apparatus or equipment whether or not coin operated with the intent to take, use, or steal such object or facility or anything therein.

(2) A person convicted of burglary may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.803 Illegally Receiving Property.

(1) Offense. A person commits the offense of illegally receiving stolen property, if he buys, receives, conceals, or arranges the sale, transfer, disposal or receipt of any property that he knows or has reasonable cause to know was obtained by robbery, theft, fraud or deceit, or other unlawful means.

(2) Sentence. A person convicted of illegally receiving property may be sentenced to imprisonment for a period of up to six (6) months, or a five not to exceed Five Thousand Dollars ($5,000.00), or both.


71.804 Joyriding.

(1) Offense. A person commits the offense of joyriding, if he drives or takes away any motor vehicle without the consent of the owner or lawful possessor, or participates with any other person in such conduct, with the intent of temporarily depriving the owner or rightful possessor of the use of the same, or of temporarily making use of the motor vehicle.

(2) Sentence.

(a) Except as provided in sub. (b), a person convicted of joyriding may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

(b) If the vehicle is damaged while the owner or lawful possessor is deprived of its use, the offender may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

(3) Comment. For the purpose of this section, "temporarily depriving" and "temporarily making use" shall refer to a period of time of not more than twenty-four (24) hours. If the offender intends to use or deprive the owner or rightful possessor of the use of the motor vehicle, and in fact the owner or rightful possessor is deprived of the use of the vehicle, for a period in excess of twenty-four (24) hours, it shall be conclusively presumed that the person driving or taking away the motor vehicle without the consent of the owner or lawful possessor intended to permanently deprive the owner or lawful possessor of its use and benefit.


71.805 Robbery.

(1) Offense. A person commits the offense of robbery, if he takes anything of value from the person or presence of another by the use of force, threats, coercion or intimidation.

(2) Sentence.

(a) A person convicted of robbery may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(b) The Tribal Court may require the offender to compensate the victim for the value or the stole property in addition to, or in lieu of, the sentence provided in sub. (a).


71.806 Theft.

(1) Offense. A person commits the offense of theft, if he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, or knowing said thing of value to have been stolen; and he

(a) intends to deprive such other person permanently of the use or benefit of the thing of value; or

(b) knowingly uses, conceals or abandons the thing of value in such a manner to deprive such other person permanently of its use or benefit; or

(c) uses, conceals or abandons the thing of value intending that such use, concealment or abandonment will deprive such other person permanently of its use and benefit; or

(d) demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to such other person; or

(e) having lawfully obtained possession for temporary use of the personal property of another, deliberately fails to reveal the whereabouts of or to retain said property to the owner or his representative or the person from whom he has received it, with the intent to permanently deprive such other person of its use and benefit.

(2) Sentence.

(a) A person convicted of theft may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(b) The Tribal Court may require the offense to compensate the victim for the value of the stolen in addition to, or in lieu of, the sentence provided in sub. (a).


71.807 Theft of Services.

(1) Offense. A person commits theft of services, if without lawful authority, that person obtains services which are available only for compensation with the intent of avoiding payment for such services.

(2) Sentence.

(a) A person convicted of theft of services may be sentenced to imprisonment for a period not to exceed six (6) months or a five not to exceed Five Thousand Dollars ($5,000.00), or both.

(b) The Tribal Court may require the offender to compensate the victim for the services wrongfully obtained in addition to, or in lieu of, the sentence provided in sub. (a).


71.808 Embezzlement and Theft from a Tribal Organization.

(1) Offense. A person commits the offense of embezzlement and theft from a tribal organization, if:

(a) he embezzles, steals, knowingly converts to his use or to the use of another, willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, goods, assets, or other property belonging to any tribal organization or entrusted to the custody or care of any officer, employee, or agent of a tribal organization; or

(b) knowing any such money, funds, credits, goods, assets, or other property to have been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives, conceals, or retains the same with intent to convert it to his use or the use of another.

(2) Sentence. A person convicted of embezzlement and theft from a tribal organization may be sentenced to imprisonment not to exceed more than one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both; but if the value of such property does not exceed the sum of One Hundred Dollars ($100.00), he may not be sentenced to imprisonment in excess of six (6) months, or a fine in excess of One Thousand Dollars ($1,000.00) or both.

(3) Comment. For the purposes of this section, "tribal organization" means the Tribe, or any entity created or owned by the Tribe for economic or governmental purposes, or any entity which is controlled by the tribe's Board of Directors. An entity is controlled by the tribe's Board of Directors if a majority of the persons serving on the body which governs the entity are chosen by or required to be members of the Board of Directors.

 

SUBCHAPTER IX: DAMAGE TO PROPERTY

71.901 Abusing Property.

(1) Offense. A person commits the offense of abusing property, if he intentionally, knowingly or recklessly uses or damages any property not exclusively his own.

(2) Sentence.

(a) A person convicted of abusing property may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

(b) The Tribal Court may require the offender to compensate the victim for the repair or replacement costs of the damaged property in addition to, or in lieu of, the sentence provided in sub. (a).


71.902 Trespass.

(1) Offense. A person commits the offense of trespass if knowingly or having reasonable cause to know that he is not licensed or privileged to do so, he willfully enters or remains upon or within any building, structure, or land, or portion thereof after being ordered or notified not to enter or remain there. Such notice or order may be given by:

(a) written or verbal communication actually given to the intruder; or

(b) written notice posted on or about the property in a manner reasonably likely to come to the attention of potential intruders; or

(c) by fences, barricades, or other devices manifestly designed to enclose the property and to exclude potential intruders.

(2) Sentence. A person convicted of criminal trespass may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.903 Desecration.

(1) Offense. A person commits the offense of desecration if he intentionally defaces, damages, pollutes, or otherwise physically mistreats or destroys in any way any public monument, public structure or facility, or place of worship or burial, or desecrates in a public place any other object of veneration or respect by the public or a significant segment of the public.

(2) Sentence. A person convicted of desecration may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.904 Littering.

(1) Offense. A person commits the offense of littering, if he deposits, throws, dumps, discards, abandons, or leaves any litter on any public or private property or waters commits the offense of littering, unless:

(a) such property is an area designated by law for the disposal of such litter and such person is authorized by the proper public authority to so use such property; or

(b) the litter is placed in a receptacle or container installed on such property for such use by the public or such person placing litter in it; or

(c) such person is the owner or tenant in lawful possession of such property, or has first obtained written consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or tenant.

(2) Sentence. A person convicted of littering may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

 

SUBCHAPTER X: FORGERY AND RELATED OFFENSES

71.1001 Forgery.

(1) Offense. A person commits the offense of forgery, if with intent to defraud he falsely makes, completes, alters, issues, utters, delivers, files, or submits a written instrument or any portion thereof, for the purpose of obtaining money or other consideration or thing of value, for himself or any other person.

(2) Sentence. A person convicted of forgery may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1002 Fraud.

(1) Offense. A person commits the offense of fraud, if he obtains money, property, gain, advantage, credit, interest or assets from another by intentionally misrepresentation or deceit.

(2) Sentence. A person convicted of fraud may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1003 Passing Bad Checks.

(1) Offense. A person commits the offense of passing bad checks, if he makes, utters, issues, delivers or passes a written order to pay a sum of money, drawn on a bank, payable on demand or at a time certain, and signed by the drawer, when the person so acting knows or has reasonable cause to know at that time the order will not be paid or honored by the drawee because of insufficient funds or lack of an account of the drawer deposited or on account with the drawee.

(2) Sentence. A person convicted of passing bad checks may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1004 Bribery in Sports.

(1) Offense. A person commits the offense of bribery in sports, if:

(a) he offers, confers, bestows or agrees to confer or bestow any benefit upon or threatens any detriment to a participant or official in a sports contest or event, directed either to that person or such other person as may be designated or agreed to by that person, with the intent to influence that person not to give his best efforts as a participant or with intent to influence him to perform his duties as an official improperly; or

(b) being a sports participant or official in a sports contest he accepts, agrees to accept, or solicits any benefit, directed to himself or such other person as may be designated or agreed to by him, from another person upon an understanding that he will thereby be influenced not to give his best and honest efforts as a participant or official in a sports contest.

(2) Sentence. A person convicted of bribery in sports may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1005 Private Bribery.

(1) Offense. A person commits the offense of public bribery, if:

(a) he offers, confers, bestows, or agrees to confer or bestow any personal or pecuniary benefit, gain privilege or advantage upon any other person, or upon any third person designated or agreed to by that other person, as consideration for that other person violating or agreeing to violate a duty to which he is subject as:

(i) agent or employee; or

(ii) trustee, guardian or other fiduciary; or

(iii) lawyer, physician, accountant, appraiser or other professional advisor; or

(iv) officer, director, partner, manager, or other participant in the affairs of an incorporated or unincorporated firm, enterprise, company or association; or

(v) duly elected or appointed representative or trustee of a labor organization or trust fund; or

(vi) arbitrator or other purportedly disinterested adjudicator or referee.

(b) he is a person owing a duty in a capacity set forth in sub. (a) and while in that status he solicits, accepts, or agrees to accept any personal or pecuniary benefit, gain, privilege or advantage directed to himself or another person designated or agreed to by him, upon an agreement or understanding that he will violate or agree to violate his said duty.

(2) Sentence. A person convicted of private bribery may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1006 Public Bribery.

(1) Offense. A person commits the offense of public bribery, if:

(a) he offers, confers, bestows or agrees to confer or bestow any personal or pecuniary benefit, gain, privilege or advantage upon a public servant, or another person designated or agreed to be the public servant, with the intent to improperly influence the public servant's vote, opinion, judgment, exercise of discretion, or other action or inaction in his official capacity; or

(b) while serving as a public servant, he solicits, accepts, or agrees to accept any personal or pecuniary benefit, gain, privilege or advantage directed at himself or another person designated or agreed to by the public servant, upon an agreement or understanding that the vote, opinion, judgment, exercise of discretion, or other action or inaction by him as a public servant will be influenced thereby.

(2) Sentence. A person convicted of public bribery may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

 

SUBCHAPTER XI: OBSTRUCTION OF TRIBAL ADMINISTRATION AND RELATED OFFENSES

71.1101 Abuse of Office.

(1) Offense. A person commits the offense of abuse of office, if he intentionally acts or purports to act in an official capacity, including willful failure to act, so as to obtain any personal or pecuniary benefit, gain, advantage, or privilege to which he is not entitled in or by the performance of his official duties.

(2) Sentence. A person convicted of abuse of office may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1102 Improper Influence of a Tribal Official.

(1) Offense. A person commits the offense of improper influence of a tribal official, if he threatens harm or any tribal official with the intent of influencing such person's official actions.

(2) Sentence. A person convicted of improper influence of a tribal official may be sentenced to imprisonment not to exceed three (3) months, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(3) Comment. As used in this section, "tribal official" means an elected official of the Tribe or a tribal judge, appointee or employee.


71.1103 Election Fraud.

(1) Offense. A person commits the offense of election fraud, if the person:

(a) gives or offers to give anything of value to another person to induce that person to vote, or to refrain from voting, for any candidate, signing a nominating petition, or registering to vote; or

(b) acts to compromise the integrity of the election, or attempts to do so by falsifying any document, including documents filed with the Tribal Election Committee or Board of Directors; or

(c) compromises the security of the ballots and other election documents; or

(d) discharges or threatens to discharge a tribal employee for the purpose of influencing the employees vote or signature on a nominating petition; or

(e) votes, or attempts to vote, more than once in the same election; or

(f) opens, marks, alters, or destroys any ballot sent to another person; or

(g) interfered with the mailing or election materials; or

(h) he alters, defaces or destroys any election documents, including candidate signs or literature; or

(i) files a false report required by Tribal Code '10.112.

(2) Sentence. A person convicted of election fraud may be sentenced to imprisonment not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1104 Malicious Criminal Prosecution.

(1) Offense. A person commits the offense of malicious criminal prosecution, if he maliciously causes or attempts to cause a criminal charge to be prosecuted against an innocent person, knowing such person to be innocent.

(2) Sentence. A person convicted of malicious criminal prosecution may be sentenced to imprisonment not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1105 Obstruction of Justice.

(1) A person commits the offense of obstruction of justice, if he knowingly uses intimidation or physical force, threatens, corruptly persuades or attempts to do so, or engages in misleading conduct toward another person, with intent to:

(a) influence the testimony of any person in an official proceedings; or

(b) cause or induce any person to:

(i) withhold testimony, or withhold a record, document or other object, from an official proceeding; or

(ii) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; or

(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document or other object, in an official proceeding; or

(iv) be absent from an official proceeding to which such person has been summoned by legal process; or

(c) hinder, delay or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of a tribal or federal offense or a violation of conditions of probation, parole or release pending judicial proceedings.

(2) A tribal law enforcement officer commits the offense of obstruction of justice if he or she:

(a) commits any of the acts set forth in sub. (10); or

(b) without official reason for doing so, obstructs, impedes, hinders, or interferes with any investigation or other official activity of the tribal public safety department, or of another law enforcement agency acting lawfully with respect to a matter arising within the tribe's jurisdiction as provided in Subchapter III.

(3) Sentence. A person convicted of obstruction of justice may be sentenced to imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1106 Obstructing Performance of Police Duties.

(1) Offense. A person commits the offense of obstructing the performance of police duties, if he willfully prevents or attempts to prevent a police officer or other duly authorized law enforcement officer from effecting an arrest or otherwise discharging the duties of his office by any of the following:

(a) creating or appearing to create a risk of bodily harm to the officer or any other person; or

(b) employing means or threatening to employ means which would justify or require force on the part of the officer to overcome them; or

(c) escaping, attempting to escape, or assisting or attempting to assist another to escape from custody of the officer.

(2) Sentence. A person convicted of obstructing police duties may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1107 Refusing, Omitting and Delaying to Arrest.

(1) Offense. Tribal law enforcement officers commit the offense of refusing, omitting and delaying to arrest, if any officer authorized to serve process, who shall willfully and corruptly refuse to execute any lawful process to him directed, and requiring him to apprehend or confine any person convicted or charged with an offense, or who shall willfully and corruptly omit or delay to execute such process, whereby such person shall escape and go at large.

(2) Sentence. A person convicted of refusing, omitting and delaying to arrest may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1108 Concealing or Harboring One Who has Escaped.

(1) Offense. A person commits the offense of concealing or harboring one who has escaped, if he knowingly or willfully conceals or harbors for purpose of concealment, any person mentioned in this Chapter, who has escaped or is escaping from lawful custody.

(2) Sentence. A person convicted of concealing or harboring one who has escaped may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1109 Filing Fictitious Reports.

(1) Offense. A person commits the offense of filing fictitious report, if he willfully and knowingly makes to any tribal law enforcement officer a fictitious report of the commission of any crime knowing the same to be false

(2) Sentence. A person convicted of filing fictitious report may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

 

SUBCHAPTER XII: RIOT AND RELATED OFFENSES

71.1201 Causing or Maintaining a Public Nuisance.

(1) Offense. A person commits the offense of causing or maintaining a public nuisance, if he uses, permits to be used or allows to be in such condition any real or personal property under his control so as to damage, injure or endanger the health, safety or property of another person or the public.

(2) Sentence.

(a) A person convicted of causing or maintaining a public nuisance may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

(b) In addition to, or in lieu of, the sentence provided in sub. (a), the court may order the person to abate or eliminate the nuisance. Such an order to abate or eliminate the nuisance shall include the identification of the nuisance and the period of time in which it must be abated or eliminated.


71.1202 Disorderly Conduct.

(1) Offense. A person commits the offense of disorderly conduct, if the person intentionally, knowingly or recklessly:

(a) uses abusive, indecent, profane, or vulgar language in a public or private place which by its very utterance tends to incite violence, unlawful conduct, or a breach of the peace by others; or

(b) makes an offensive gesture or display in a public or private place which by its very nature tends to incite violence, unlawful conduct, or a breach of the peace by others; or

(c) abuses or threatens a person in a public or private place in a manner calculated to place the threatened person in fear of bodily harm; or

(d) makes unreasonable noise in a public place, or on or near private property that he has no right to occupy; or

(e) fights with another in a public or private place; or

(f) displays a deadly weapon in a public or private place in a manner calculated to alarm; or

(g) discharges a firearm in a public or private place; or

(h) disrupts any lawful public or religious meeting or assembly; or

(i) lies or sleeps on any public street, alley or private property that he has no right to occupy.

(2) Sentence. A person convicted of disorderly conduct may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1203 Riot.

(1) Offense. A person commits the offense of rioting, if he engages in a riot.

(2) Sentence. A person convicted of riot may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1204 Inciting a Riot.

(1) Offense. A person commits the offense of inciting a riot, if the person:

(a) incites or urges a person to participate or engage in a current or potential riot; or

(b) gives commands, instructions, or signals to other persons in furtherance of a riot; or

(c) knowingly supplies a weapon or destructive device for use in a riot; or

(d) teaches another to prepare or use a weapon or destructive device with intent that it be used in a riot.

(2) Sentence. A person convicted of inciting a riot may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1205 Disobedience of Public Safety Orders Under Riot Conditions.

(1) Offense. A person commits the offense of disobedience of a public safety order under riot conditions, if during a riot, or when one is impending, he intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot.

(2) Sentence. A person convicted of disobedience of a public safety order during riot conditions may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.1206 Obstructing Highway or Other Passageway.

(1) Offense. A person commits the offense of obstructing a highway or other passageway, if he intentionally, knowingly or recklessly:

(a) obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway or hallway to which the public or a substantial group of the public has access; or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or

(b) disobeys a reasonable request or order to move issued by a police officer, fireman, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway, or to maintain public safety by disturbing those gathered in dangerous proximity to a fire, riot or other hazard.

(2) Sentence. A person convicted of obstructing a highway or other passageway may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.1207 Transmitting False Alarms.

(1) Offense. A person commits the offense of transmitting false alarms, if he knowingly transmits or causes to be transmitted a false message, report or signal of fire or other emergency to or within any organization dealing with emergencies involving danger to life or property.

(2) Sentence.

(a) Except as provided in sub. (b), a person convicted of transmitting a false alarm may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

(b) If the false alarm results directly or indirectly in injury to person or property, the person guilty of the offense may be sentenced to imprisonment for a person not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1208 Trespass or Interference in Public Buildings.

(1) Offense.

(a) A person commits the offense of trespass or interference in public buildings, if he so conducts himself at or in any public building or facility owned or controlled by the Tribe or any other governmental entity, so as to willfully deny to any public official, public employee, or member of the public the lawful rights of such person to enter, to use the facilities of, or to leave any such public building or facility.

(b) It shall also be an offense under this section for any person:

(i) at or in any such public building or facility to willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, intimidation, or by force and violence or threat thereof; or

(ii) to willfully refuse or fail to leave any such public building or facility upon being requested to do so by the chief administrative officer, or his designee, charged with maintaining order in such public building or facility, of such person has committed, is committing, threatens to commit, or incites others to commit any act which does, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in such building or facility; or

(iii) at any meeting or session conducted by any judicial, legislative, or administrative body or official at, or in, any public building or facility, to willfully impede, disrupt, or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or to commit any act designated to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session.

(2) Sentence. A person convicted of trespass or interference in public buildings may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1209 Soliciting Without a License.

(1) Offense. A person commits the offense of soliciting without a license, if he begs or solicits gifts or donations of money or property door to door or by telephone, or on the streets, sidewalks or other public places, without a license issued by the Tribal Board of Directors, or its duly authorized agency or representative.

(2) Sentence. A person convicted of soliciting without a license may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

 

SUBCHAPTER XIII: WEAPONS AND RELATED OFFENSES

71.1301 Carrying a Concealed Weapon.

(1) Offense. A person commits the offense of carrying a concealed weapon, if he knowingly carries concealed on or about his person a dangerous weapon unless he is lawfully authorized to carry such weapon.

(2) Sentence. A person convicted of carrying a concealed weapon may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(3) Comment. It shall be an affirmative defense that the accused was in his own dwelling, or place of business, owned or operated by him, or on property owned or under his control at the time of the act of carrying.


71.1302 Unlawful Use of a Weapon.

(1) Offense. A person commits the offense of unlawful use of a weapon, if:

(a) he discharges a firearm in the proximity of a building or vehicle so as to knowingly or recklessly endanger a person or property; or

(b) he carries a firearm while intoxicated; or

(c) he handles or uses a firearm or other weapon so as to knowingly or recklessly endanger the safety or another; or

(d) carries a firearm or other weapon with unlawful intent.

(2) Sentence. A person convicted of unlawful use of a weapon may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1303 Dangerous Use of Explosives.

(1) Offense. A person commits the offense of dangerous use of explosives, if with the intent to injure, intimidate or terrify another, or to damage another's property, he maliciously explodes, attempts to explode or places any explosive anywhere within the territorial jurisdiction of the Tribe.

(2) Sentence.

(a) A person convicted of dangerous use of explosives may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(b) In addition to, or in lieu of, the punishment provided in sub. (a), the Tribal Court may order the offender to pay to the injured party the costs of any property damaged by his actions.


71.1304 Negligent Use of Explosives.

(1) Offense. A person commits the offense of negligent use of explosives, if he negligently explodes, attempts to explode or places any explosive in such a manner as to result in injury to another or to the property of another, or by such action that increases the probability to such injury.

(2) Sentence.

(a) A person convicted of negligent use of explosives may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(b) In addition to, in lieu of, the punishment provided in sub. (a), the Court may order the offender to pay to the injured party the costs of any property damaged by his actions.

 

SUBCHAPTER XIV: OFFENSES AGAINST THE FAMILY

71.1401 Bigamy.

(1) Offense. A person commits the offense of bigamy, if knowing or having reasonable cause to know that he is then married, he marries another person, or he marries another person knowing or having reasonable cause to know that such person is then married to a third person.

(2) Sentence. A person convicted of bigamy may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1402 Child Abuse.

(1) Offense. A person commits the offense of child abuse, if he knowingly, intentionally, or negligently, and without justification, causes or permits a person under the age of eighteen (18) years to be:

(a) placed in a situation that may endanger its life or health; or

(b) exposed to the inclemency of the weather; or

(c) abandoned, tortured, cruelly confined or cruelly punished; or

(d) deprived of necessary food, clothing or shelter.

(2) Sentence. A person convicted of child abuse may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1403 Incest.

(1) Offense. A person commits the offense of incest, if he knowingly marries or has sexual intercourse with an ancestor or descendant, a brother or sister or the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood.

(2) Sentence. A person convicted of incest may be sentenced to imprisonment for a period of not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1404 Domestic Abuse.

(1) Offense. A person commits the offense of domestic abuse, if he intentionally, knowingly or recklessly causes a person's adult family member or household member, a former spouse, an individual with whom the person has a child in common, or an individual with whom the person has had a dating relationship, any of the following:

(a) physical pain or illness; or

(b) intentional impairment of physical condition; or

(c) a threat to engage in any of the foregoing conduct.

(2) Sentence. A person convicted of domestic abuse may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1405 Contribute to Delinquency of a Minor.

A person commits the offense of contributing to the delinquency of a minor if he knowingly causes, encourages or assists a person under the age of eighteen (18) years to be a child offender, as defined in Tribal Code Chapter 36: Juvenile Code, and particularly '36.324.

 

SUBCHAPTER XV: ALCOHOL RELATED OFFENSES

71.1501 Delivery of Liquor to a Minor.

(1) Offense. A person commits the offense of delivery of liquor to a minor, if he sells, furnishes, procures for, or knowingly assists in the furnishing of any beer, wine, or intoxicating liquor to any person under the age of twenty-one (21) years.

(2) Sentence. A person convicted of delivery of liquor to a minor may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

(3) For the purposes of this section, the terms "beer," and "wine," and "intoxicating liquor" shall have the meaning as defined in Tribal Code Chapter 41: Liquor Control Ordinance, and particularly '41.202(1), (13) and (7), respectively.


71.1502 Illegal Consumption of Liquor.

(1) Offense. A person commits the offense of illegal consumption of liquor, if he consumes any beer, wine or intoxicating liquor in any public place except on premises upon which there is lawful authority to sell such liquor by the drink for consumption on the premises.

(2) Sentence. A person convicted of illegal consumption of liquor may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

(3) Comment.

(a) Possession of a container of beer, wine or intoxicating liquor on which the United States excise tax seal has been broken or removed, on from which the cap, cork or seal placed upon it by the manufacturer has been removed shall constitute a rebuttable presumption of consumption.

(b) For the purposes of this section, the terms "beer," and "wine," and "intoxicating liquor" shall have the meaning as defined in Tribal Code Chapter 41: Liquor Control Ordinance, and particularly '41.202(1), (13) and (7), respectively.


71.1503 Public Intoxication.

(1) Offense. A person commits the offense of public intoxication, if he appears in any public place manifestly under the influence of alcohol, narcotics or other drugs to the degree that he may endanger himself or another person or property.

(2) Sentence. A person convicted of public intoxication may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.1504 Under Age Possession by a Minor.

(1) Offense. A person under the age of twenty-one (21) years commits the offense of under age possession of liquor, if he buys, receives, possesses or consumes, or attempts to buy, receive or possess any beer, wine or intoxicating liquor.

(2) A person convicted of under age possession of liquor, in addition to any other court order or disposition under the provisions of Tribal Code Chapter 30: Child Welfare Code, may be confined in an appropriate facility for a period not to exceed one (1) month, or to pay a fine in an amount not to exceed Two Hundred Fifty Dollars ($250.00), or both.

(3) For the purposes of this section, the terms "beer," and "wine," and "intoxicating liquor" shall have the meaning as defined in Tribal Code Chapter 41: Liquor Control Ordinance, and particularly '41.202(1), (13) and (7), respectively.

 

SUBCHAPTER XVI: CONTROLLED SUBSTANCE AND RELATED OFFENSES

71.1601 Furnishing of Marijuana.

(1) Offense. A person commits the offense of furnishing of marijuana, if he knowingly furnishes, sells, or trades in any way marijuana or any portion of the plant cannabis sativa L. or any substance containing it, or hashish.

(2) Sentence. A person convicted of the offense of furnishing marijuana may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1602 Possession or Furnishing of Narcotics.

(1) Offense. A person commits the offense of possession or furnishing of narcotics, if he knowingly possesses, manufactures, transports, sells, consumes, uses, cultivates or trades in any drug or other substances identified or defined as a "controlled substance" under the provisions of P.A. 1978, No. 368, of the State of Michigan, as amended to the date of the offense, except marijuana.

(2) Sentence. A person convicted of the offense of possession or furnishing of narcotics may be sentenced to imprisonment for a period not to exceed one (1) year , or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.


71.1603 Possession of Marijuana.

(1) Offense. A person commits the offense of possession of marijuana, if he knowingly possesses, manufactures, transports, consumes, uses, or cultivates marijuana or any portion of the plant cannabis sativa L. or any substance containing it; or hashish.

(2) Sentence. A person convicted of the offense of possession of marijuana may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.1604 Inhaling Toxic Vapors.

(1) Offense. A person commits the offense of inhaling toxic vapors, if he, for the purpose of becoming intoxicated or subjecting himself to the influence of them, willfully inhales the vapors or fumes of paint, gasoline, glue or any other substance producing intoxicating fumes or vapors.

(2) A person convicted of inhaling toxic vapors may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

 

SUBCHAPTER XVII: ANIMAL CONTROL

71.1701 Cruelty to Animals.

(1) Offense. A person commits the offense of cruelty to animals, if except as otherwise authorized by law, he intentionally or recklessly:

(a) subjects any animal to mistreatment; or

(b) subjects any animal in his custody to neglect; or

(c) abandons any animal; or

(d) kills or injures any animal belonging to another.

(2) A person convicted of cruelty to animals may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars ($1,000.00), or both.


71.1702 Offense Concerning Dogs.

(1) Offense. A person commits an offense concerning dogs, if that person:

(a) fails to restrain his dog at all times within a fenced area on a leash not less than twenty (20) feet in length; or

(b) maintains a pit bull; or

(c) maintains a dog which is known to be dangerous or has bitten or attacked a person.

(2) Sentence.

(a) A person convicted of an offense concerning dogs may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

(b) In addition to the other penalties provided, the Tribal Court may order any dog involved in a violation hereof to be impounded, destroyed, subjected to testing or otherwise disposed of. In addition, tribal officers or other representatives are authorized to seize any dog involved in any violation of this section and to hold the dog pending hearing or release to its owner upon reasonable conditions.

 

SUBCHAPTER XVIII: SEX CRIMES

71.1801 Unlawful Sexual Conduct.

(1) Rape.

(a) A person commits the offense of rape, if that person has sexual intercourse with another person and:

(i) compels the victim to submit by force, or threat of death, bodily harm, physical pain, or kidnapping, to be inflicted upon the victim or anyone else; or

(ii) he has substantially impaired the victim's power to appraise or control either person's conduct by administering or employing without the victim's consent or knowledge, any drug, intoxicant, or other means for the purpose of preventing awareness or resistance; or

(iii) the victim is unconscious; or

(iv) he knows or reasonably should know that the victim is of such a state of consciousness or of mind, or that the victim suffers from such mental disease or defect, which renders the victim incapable of recognizing the nature of either person's conduct; or

(v) the victim is less than sixteen (16) years of age.

(b) A person convicted of rape may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(2) Deviate Sexual Contact.

(a) A person commits the offense of deviate sexual contact, if he engages deviate sexual contact with another person; and

(i) he compels the victim to participate by force, or by threat of death, bodily harm, physical pain, or kidnapping, threatened to be inflicted upon the victim or anyone else; or

(ii) he has substantially impaired the victim's power to appraise or control either person's conduct by administering or employing any drug, intoxicant, or other means for the purpose of preventing awareness or resistance; or

(iii) the victim is unconscious; or

(iv) he knows or reasonably should know that the victim is of such a state of consciousness or of mind, or that the victim suffers from such mental disease or defect, which renders the victim incapable of recognizing the nature of either person's conduct; or

(v) the victim is less than sixteen (16) years of age.

(b) A person convicted of deviate sexual contact may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(3) Sexual Assault.

(a) A person commits the offense of sexual assault, if he subjects another person to any sexual contact; and

(i) he knows or reasonably should know that the sexual contact is offensive to the victim; or

(ii) he has substantially impaired the victim's power to appraise or control either person's conduct by administering or employing without consent or knowledge of the victim any drug, intoxicant, or other means for the purpose of preventing awareness or resistance; or

(iii) he knows or reasonably should know that the victim is of such a state of consciousness or of mind, or that the victim suffers from such mental disease or defect, which renders the victim incapable of recognizing the nature of either person's conduct; or

(iv) he is in a position of authority over the victim and used this authority to coerce the victim to submit; or

(v) the victim is less than sixteen (16) years of age.

(b) A person convicted of sexual assault may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(4) No prosecution may be instituted or maintained for rape, deviate sexual contact, or sexual assault unless the alleged offense was brought to the notice of the Tribal Police Department or other law enforcement official or agency within thirty (30) days after its occurrence, except when the alleged victim is less than sixteen (16) years of age or otherwise incompetent to make complaint at the expiration of the thirty (30) day period. In such case, notice to the Tribal Police Department or other law enforcement official or agency is sufficient if given within thirty (30) days after a parent, guardian, or other competent person specially interested in the victim learns of the offense, or within thirty (30) days after the victim attains the age of sixteen (16) years or the other incompetency is removed, whichever is the shortest period.


71.1802 Indecent Exposure.

(1) Offense. A person commits the offense of indecent exposure, or he deliberately exposes the genital organs of a person to the view of another person or persons or exposes them under circumstances that the exposing person has reasonable cause to know that such exposure may be viewed by another person or persons, if in either event the exposing person knows or has reasonable cause to know the conduct may offend some person or persons viewing the same.

(2) Sentence. A person convicted of indecent exposure may be sentence to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.


71.1803 Prostitution.

(1) Offense. A person commits the offense of prostitution, if he performs, offers, or agrees to perform any act of sexual intercourse, or of deviate sexual contact (as defined in '71.1801) with any person not the spouse of the offended in exchange for money or any other thing of consideration or value.

(2) A person convicted of prostitution may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Three Thousand ($3,000.00), or both.


71.1804 Solicitation for Prostitution.

(1) Offense. A person commits the offense of solicitation for prostitution if that person:

(a) solicits another for the purpose of prostitution; or

(b) arranges or offers to arrange a meeting; or

(c) knowingly grants or permits the use of a place over which the person has or exercises control for the purpose of prostitution; or

(d) knowingly lives on or is supported or maintained in whole or in part by money or other consideration or thing of value earned, received, procured, or realized by any person through prostitution; or

(e) by word, gesture or action, endeavors to further the practice of prostitution in any public place or within public view; or

(f) furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of prostitution, or who shall advertise in any manner that he furnishes or is willing to furnish or make available any such facility for such purpose.

(2) Sentence. A person convicted of soliciting for prostitution may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Three Thousand Dollars ($3,000.00), or both.


71.1805 Patronizing a Prostitute.

(1) Offense. A person commits the offense of patronizing a prostitute, if he engages in any act of sexual intercourse or of deviate sexual contact (as defined in '71.1801) with a prostitute.

(2) Sentence. A person convicted of patronizing a prostitute may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed Three Thousand Dollars ($3,000.00), or both.

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