Yomba Shoshone Tribe Law and Order Code
Approved: 2001
TITLE FIVE - CODE OF CRIMINAL OFFENSES
A. General Provisions
B. Attempt, Conspiracy, and Solicitation
C. Offenses Involving Danger to the Person
D. Offenses Against Property
E. Offenses Against the Family
F. Offenses Against the Administration of Government
G. Offenses Against Public Order and Decency
H. Defenses
I. Classes of Offenses and Sentence
Sec. 1 Voluntary Act
a. A person is not guilty of an offense unless his guilt is based on conduct which includes a voluntary act, or omission to perform an act of which he is physically capable.
b. A reflex or convulsion, a bodily movement during unconsciousness or sleep, conduct during hypnosis, or a bodily movement that is otherwise not the product of the effort or determination of the actor are not voluntary acts within the meaning of this section
c. Guilt may not be based on an omission to act unless a duty to perform the omitted act is specifically imposed by this Code.
Sec. 2 Required Mental State
a. A person is not guilty of an offense unless he acted intentionally recklessly, or negligently, as the law may require, with respect to each element of the offense, or unless his act constitute an offense involving strict liability.
b. If negligence is the mental state specified in the definition of an offense, someone may also be convicted if he acts intentionally or recklessly. If recklessness is the mental state specified in the definition of an offense, someone may also be convicted if he acts intentionally.
Sec. 3 Definitions of Required Mental State
a. Intentionally - A person acts intentionally if it's his conscious object to act as he's acting, or if he's aware or practically certain that a particular result will be caused by this conduct.
b. Recklessly - A person acts recklessly when he consciously disregards a substantial and justifiable risk that a particular result will be caused by this conduct.
c. Negligently - A person acts negligently when he should be aware of a substantial and unjustifiable risk that a particular result will be caused by this conduct.
d. Strict Liability - Strict liability means that no particular mental state is required in the definition of the offense; commission of the act alone is sufficient.
Sec. 4 Prosecution for Multiple Offenses
a. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) one offense is included in the other; or,
(2) one offense consists only of a conspiracy, solicitation or an attempt to commit the other; or,
(3) inconsistent finding of fact are required to establish the offenses; or,
(4) the offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless it's an applicable law or provision of this Code provided that specific periods of such conduct constitute separate offenses.
Sec. 5 Ignorance or Mistake of Fact
Ignorance or mistake as to a matter of fact is a defense only if the ignorance or mistake negates a specific mental state required to establish the offense, or it's specifically provides that ignorance or mistake is a defense.
Sec. 6 Ignorance or Mistake of the Law
A belief that conduct doesn't legally constitute an offense is a defense only when the law defining the offense hasn't been published or reasonably made available prior to the actor's conduct, or if the actor acted in reasonable reliance upon an official statement of law rendered by a Tribal Judge.
Sec. 7 Liability for Conduct of Another
A person is guilty of an offense if it's committed by the conduct of another person for whom he's legally responsible. A person is legally responsible for another if he causes an innocent or irresponsible person to engage in conduct; or if he's an accomplice of such other person in the commission of the offense. A parent shall be liable for civil damages for criminal acts of his child under 18 years of age.
Sec. 8 Accomplice Liability
a. A person is an accomplice of another person in the commission of an offense, if, with the purpose of promoting or facilitating the offense he:
(1) solicits such other person to commit an offense; and
(2) aids or agrees or attempts to aid such other person in planning or committing an offense.
b. A person who is legally incapable of committing a particular offense himself may be guilty as an accomplice unless such liability is inconsistent with the purpose of the law under which he is charged.
c. A person isn't an accomplice in an offense if he terminates his participation prior to the commission of the offense, and wholly deprives it of effectiveness, or gives timely warning to the police or otherwise makes a proper effort to prevent the commission of the offense.
d. An accomplice may be convicted on proof of the commission of an offense and of his participation, even though the person who is claimed to have committed the offense hasn't been prosecuted for, or convicted of, the same or any other offense.
Sec. 9 Liability for Acts of Corporations or
Unincorporated Associations
A person is legally responsible for any conduct he performs or causes to be performed in the name of a corporation or unincorporated association or on its behalf, to the same extent as if were performed in his own name or behalf. If a duty to act is imposed by law upon a corporation or association having primary responsibility for the discharge of the duty, is legally responsible for a negligent omission to perform the required act, to the same extent as if the duty were imposed by law directly upon him.
B. ATTEMPT, CONSPIRACY, AND SOLICITATION
Sec. 1 Attempt
a. A person is guilty of an attempt to commit an offense if, acting with the kind of mental state otherwise required for the commission of the offense, he engages in conduct consulting a substantial step towards commission of the offense.
b. It's no defense to the offense of attempt that the consummation of the offense was impossible, as long as the offense could have been committed had the circumstances been as the actor believed them to be.
c. Attempt is a Class Offense consistent with the Class of the attempted offense (Class A is Class A, Class B is Class B, etc.).
Sec. 2 Conspiracy
a. A person is guilty of conspiracy if he agrees with one or more other persons to engage in conduct constituting an offense, and any one of them commits an overt act towards the commission of the agreed offense.
b. Conspiracy to commit an offense is the same Class Offense as the offense committed (Class A is Class A, Class B is Class B, etc.).
c. It's a defense to a prosecution for conspiracy that the actor made an effort to withdraw from the conspiracy.
Sec. 3 Solicitation
a. A person is guilty of solicitation when he, intending that another person commit an offense, entices, advises, incites, orders, or otherwise encourages such other person to commit an offense.
b. Solicitation to commit an offense is the same Class Offense as the offense being solicited.
C. OFFENSES INVOLVING DANGER TO THE PERSON
Sec. 1 Criminal Homicide
A person is guilty of criminal homicide if he intentionally, recklessly or negligently causes the death of another human being. Criminal homicide is a Class A offense. If the offense is found to have been committed intentionally, no suspension of sentence or parole shall be granted, and the maximum imprisonment shall be imposed.
Sec. 2 Assault Definition; Penalties
a. As used in this section, "assault" means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
b. Any person convicted of an assault shall be punished:
(1) If the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a Class C offense.
(2) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a Class A offense.
Sec. 3 Battery; Definition; Penalties
a. As used in this section:
(1) "Battery" means any willful and unlawful use of force or violence upon the person of another.
(2) "Child" means a person under the age of 18 years old.
(3) "Officer" means -
(a) A Tribal Police Officer
(b) A person employed in a full time salaried occupation of fire-fighting for the benefit or safety of the public; or,
(c) A member of a volunteer fire department
b. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(1) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, for a Class C offense.
(2) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a Class A offense.
(3) if the battery is committed upon an officer, and:
(a) the officer was performing his duty;
(b) the officer suffers any harm;
(c) the Person Charged knew or should have known that the victim was an officer, for a Class A offense.
(4) If the battery is committed with a deadly weapon, regardless of the extent of harm to the victim, for a Class A offense.
Sec. 4 Provoking an Assault; Penalty
Every person who shall, by word, sign or gesture,willfully provoke, or attempt to provoke another person to commit an assault shall be punished for a Class E offense.
Sec. 5 Unlawful Restraint; Kidnapping
a. A person is guilty of unlawful restraint if he intentionally:
(1) restrains another human being so as to interfere with his liberty; or,
(2) without consent removes another human being from his place of residence or business or a place where he would otherwise be found.
b. Unlawful restraint is a Class A offense if it's done to hold another person for ransom or reward; to use another person as a shield or hostage; to facilitate the commission of any offense or flight thereafter; to interfere with the performance of any Tribal Governmental employee or political function; if the restraint causes bodily harm to the victim; or if the restraint exposes the victim to a risk of serious bodily harm.
c. In all other cases, unlawful restraint is a Class C offense.
Sec. 6 Custodial Interference
a. A person, whether a parent or other person, is guilty of custodial interference, if, without good cause, he takes, entices, conceals, or detains a child under the age of 16 years from his Parent, guardian, or other lawful custodian, knowing that he has no legal right to do so, and with the intent to hold the child for substantially longer than any visitation or custody period previously awarded by a court of competent jurisdiction.
b. A person is guilty of custodial interference, if having actual physical custody of a child under the age of 16 years pursuant to a judicial award of a court of competent jurisdiction which has given another person visitation or custody rights, he detains or conceals the child with the intent to deprive the other person of his lawful visitation or custody rights without good cause to do so.
c. A person is guilty of custodial interference, if, without good cause, he takes, entices, or detains an incompetent or other person who has been committed by authority of law to the custody of another person or institution from the other person or institution, knowing he has no legal right to do so.
d. Custodial interference is a Class B offense.
Sec. 7 Sexual Offenses
a. Statutory Rape:
(1) A person over the age of 18 years is guilty of statutory rape if he or she has sexual intercourse with a person under the age of 16 years, with such minor child's consent. However, the provisions of this Paragraph shall not apply to conduct between married persons.
(2) It shall be a defense to statutory rape for the actor to prove that he or she reasonably believed the child to be above the age of 16 years.
(3) Statutory rape is a Class C offense.
b. Sexual Assault:
(1) A person is guilty of sexual assault if he or she has sexual intercourse with another person, male or female, against the will of such person.
(2) Sexual assault is a Class A offense.
c. Definition of Intercourse - Sexual intercourse shall mean oral, anal, or genital intercourse. Any sexual penetration, however slight, is sufficient to constitute sexual intercourse.
d. Indecent or Obscene Exposure - Every person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty of a Class A offense.
e. Lewdness With Child Under the Age of 14 Years - Any person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, shall be guilty of a Class A offense.
Sec. 1 Arson and Reckless Burning
a. Arson:
(1) A person is guilty of arson if he starts a fire or causes an explosion with the purpose of destroying a building or occupied structure of another. The term "occupied structure" includes but is not limited to a ship, trailer, sleeping car, airplane, vehicle, building, structure, or place adopted for overnight accommodation of persons or for carrying on business, whether or not a person is actually present.
(2) A person is guilty of arson if he starts a fire or causes an explosion to any other structure, not his own, not listed in Paragraph (1) above.
(3) A person is guilty of arson if he starts a fire or causes an explosion with the purpose of destroying or damaging his own property or the property of another, to collect insurance for such loss.
(4) Arson is a Class A offense.
b. Reckless Burning
(1) A person is guilty of reckless burning if he recklessly starts a fire or causes an explosion that endangers human life or damages the property of another; or having started a fire, whether recklessly or not, and knowing that it's spreading and may endanger the life or property of another fails to take reasonable measures to put out the fire or give a prompt alarm.
(2) Reckless burning is a Class A offense.
Sec. 2 Criminal Mischief
a. A person is guilty of criminal mischief if he:
(1) damages or destroys his property with the intention of defrauding an insurer in circumstances not amounting to arson; or,
(2) intentionally or recklessly damages, defaces,or destroys the property of another person; or,
(3) intentionally or recklessly shoots or propels any object against a vehicle, airplane, boat, or train, whether moving or standing with the intent to cause damage.
Sec. 3 Burglary
a. A person is guilty of burglary if he, either by day or night, enters or remains in any premise, not his own, with the intent to commit an offense, unless the premise is open to the public, or the actor has a legal right to enter said premise.
b. Commission of Another Crime While Committing Burglary; Punishment - Every person who, in the commission of a burglary, shall commit any other crime, shall be punished therefore as well as for the burglary, and may be prosecuted for each crime separately.
c. Presumption of Intent - Every person who shall unlawfully break and enter or unlawfully enter any premise shall be deemed to have broken and entered or entered the same with the intent to commit an offense, unless such entry can be explained by testimony satisfactory to the jury or the Judge to have been made without criminal intent.
d. Burglary is a Class A offense.
e. Premise Defined - Premise shall mean any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building or structure, tent, vessel, vehicle, pasture, field, meadow, or other area not one's own.
Sec. 4 Trespass and Aggravated Trespass
a. A person is guilty of trespass if he knowingly or recklessly enters or remains on property, or intentionally allows his livestock to do so, when notice against entry is given by personal communication, by fencing or other enclosures, or by the posting of signs. Trespass is a Class D offense.
b. A person is guilty of aggravated trespass if he knowingly or recklessly enters or remains on the property of another; and accomplishes such entry by an act of force or violence, or if he intends to cause or causes annoyance or injury to any person thereon, or if he intends to commit or commits another offense thereon. Aggravated trespass is a Class C offense.
Sec. 5 Robbery
A person is guilty of robbery if he intentionally takes the properly of another by means of force, violence or threat of injury. The threat of injury may be immediate or future, and may be directed towards the victim of the robbery, his property, or any other person in the victim's company at the time of the robbery. The victim must be present during the taking. The force, violence, or threat of injury must be used to obtain or retain possession of the property or to prevent or overcome resistance to the taking. The degree of force is immaterial. If force is merely used as a means of escape, it doesn't constitute robbery. Robbery is a Class A offense.
Sec. 6 Theft
a. A person is guilty of theft if he obtains or exercises unauthorized control over the property of another with the purpose of depriving him thereof. Theft may be accomplished in any of several ways, including but not limited to:
(1) physical taking of the property;
(2) deception;
(3) extortion;
(4) misuse of property lost, mislaid, or delivered by mistake;
(5) failure to make required disposition of funds or property received;
(6) using a check knowing or believing that it will not be honored by the bank;
(7) using a credit card with knowledge that the card has been revoked, canceled, or stolen; or
(8) receiving, retaining or disposing of the property of another knowing that it has been stolen or believing that it has probably been stolen.
b. Definitions Applicable to Theft Offense:
(1) Deception - Intentionally or recklessly creating or reinforcing a false impression, preventing another from acquiring information which would affect his judgment of a transaction, or failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of property.
(2) Extortion - threatening to inflict any harm on another person which would substantially hurt that person with respect to his health, safety, business, calling, career, financial condition, reputation, or personal relationship.
(3) Property - Anything of value, including real estate, tangible or intangible personal property, contract rights, interest in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, commodities of a public utility such as water, gas or electricity, trade or business secrets over which the owner thereof intends to be available only to persons selected by him, or any other right, object, labor or services valuable to the owner or provider.
(4) Purpose to Deprive - To have a conscious object to withhold property permanently, or for so extended a period that a substantial portion of its value is lost; or to restore the property only upon payment of a reward or other compensation; or to dispose of the property under circumstances that make it unlikely that the owner will recover it unharmed.
c. Theft of property as provided in this Section shall be punishable as follows:
(1) If the value of the property involved is $500.00 or more, for a Class A offense.
(2) If the value of the property involved is $100.00, but less than $500.00, for a Class B offense.
(3) If the value of the properly involved is less than $100.00, for a Class C offense.
(4) If no evidence as to the value of the property involved is presented and the value of such is not obvious without presentation of such evidence, and if it is otherwise proven that a theft offense under this Section has been committed, for a Class C offense.
Sec. 7 Forgery
a. A person is guilty of forgery if, with the purpose of defrauding or injuring anyone, or with the knowledge that he's helping to defraud or injury anyone, he:
(1) Alters any writing of another without his authority.
(2) Signs any writing.
b. Forgery shall be punishable as follows:
(1) if the writing is in the amount of $500.00 or more, or the amount of damage caused by the fraud is $500.00 or more, for a Class A offense.
(2) If the writing is in the amount of $100.00 but less than $500.00, or the amount of damage caused by the fraud is $100.00 but less than $500.00, for a Class B offense.
(3) If the writing is less than $100.00 or the amount of damage caused by the fraud is less than $100.00, or if no evidence as to the value is presented and the value is not obvious without presentation of such evidence, for a Class C offense.
Sec. 8 Criminal Simulation
A person is guilty of criminal simulation if, with the intent of defrauding or injuring anyone, or with the knowledge that he's helping to defraud or injure anyone, he makes alters, attempts to circulate or sell as genuine, or appears to have value because of antiquity, rarity, source, or authorship which it does not possess. Criminal simulation is a Class C offense.
Sec. 9 Tampering With Records or Other Documents
a. A person is guilty of tampering with records or other documents if he falsifies, destroys, removes, or conceals, any any official record, will, deed, mortgage, security agreement, or similar document
b. A person is guilty of tampering with records or other documents if he knowingly records a false or forged document, with the purpose of deceiving or injuring anyone or to conceal a wrongdoing.
c. Tampering with records or documents is a Class B offense.
Sec. 10 Deceptive Business Practice
a. A person is guilty of deceptive business practices if he:
(1) Uses or possesses a false weight or measure.
(2) Sells or offers for sale less than the represented quality or quantity of any commodity or service.
(3) Takes or attempts to take more than the represented quantity of any commodity or service when, as the buyer, he furnishes the weight or measure.
(4) Sells or offers to sell an altered product without disclosure of the alteration.
(5) As a seller or buyer, does any other act with the intention of defrauding someone.
b. Deceptive business practices is a Class B offense.
Sec. 11 Rigging a Contest
A person is guilty of rigging a contest if he intentionally engages in conduct that will prevent a publicly exhibited contest from being conducted in accordance with the rules and usage purported to govern it. Rigging a contest is a Class C offense.
Sec. 12 Defrauding Creditors
a. A person is guilty of defrauding creditors if he:
(1) destroys, removes, conceals, encumbers, or otherwise transfers property with the intention of hindering enforcement of a security interest;
(2) intentionally falsifies any writing or record relating to the property; or,
(3) intentionally misrepresents or refuses to disclose the amount or location of the property to a person entitled to administer said property.
b. Defrauding creditors is a Class C offense.
Sec. 13 Defrauding a Proprietor
a. It is unlawful for any person to obtain food, lodging or any other product, goods, or services from a person or business or to obtain credit for securing such services without paying or with the intent to defraud the person or business from receiving payment
b. Defrauding a proprietor is a Class C offense.
E. OFFENSES AGAINST THE FAMILY
Sec. 1 Criminal Nonsupport
a. A person is guilty of criminal nonsupport if he intentionally fails to provide for the support of his spouse, children under 18 years of age, or other dependents when they're in need of such support, and the person has a legal obligation to provided said support
b. Criminal nonsupport is a class B offense.
c. It is a defense to a prosecution under this Section that the actor lacks the financial resources to support his dependents due to unemployment, ill health, or other similar reasons; such a defense shall be conservatively construed.
Sec. 2 Criminal Child Abuse
a. A person is guilty of criminal child abuse if he causes non-accidental physical or mental injury to a person under the age of 18 years of age who is in his care. Injury shall include any form of sexual abuse not covered elsewhere in this Title.
b. Criminal child abuse is a Class A offense.
c. Justification, as described elsewhere in this Title is no defense to a prosecution under This Title.
Sec. 3 Criminal Child Neglect
A person is guilty of criminal child neglect if he's responsible for the welfare of a child under the age of 18 years, and recklessly endangers the child's welfare by intentionally or recklessly leaving or abandoning the child, intentionally or recklessly failing to provide food, or medical care, or otherwise intentionally or recklessly failing to care for the child in any manner which threatens serious harm to the physical or emotional well-being of the child. Criminal child neglect is a Class B offense.
Sec. 4 Failure to Report Child Abuse or Neglect
A person is guilty of failure to report child abuse or neglect if in the course of his employment as a physician, nurse, social welfare worker, or teacher, he intentionally or recklessly fails to report any instance of possible child abuse or neglect to the Tribal Police or the Court. Failure to report child abuse or neglect is a Class C offense.
F. OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT
Sec. 1 Bribery
A person is guilty of bribery if he offers, gives, or agrees to give another, or solicits, accepts, or agrees to accept from another, any money or other benefit as compensation for the recipients decision, opinion, vote, or other exercise of discretion. Bribery is a Class B offense.
Sec. 2 Improper Influence in Official Matters
A person is guilty of improper influence in official matters if he threatens harm to any public servant, including but not limited to tribal officials and judges, or to the relatives of public servants with the purpose of influencing a decision, opinion, recommendation, or other exercise of discretion. Improper influence is a class B offense.
Sec. 3 Official Misconduct
a. A person is guilty of official misconduct if, as a tribal official, or employee, he intentionally commits an unauthorized act which purports to be an act of his office or intentionally refrains from performing a non-discretionary duty imposed on him by law, or orders another person under his supervision to perform the act, fore the purpose of benefiting himself or others.
b. A person is guilty of official misconduct if; being a tribal official or employee charged with the receipt, safekeeping, transfer or disbursement of public money, transfers said money or any portion thereof, to his own use or the use of another or otherwise handles public money in a manner not authorized by law or the duties of his employment
c. A person is guilty of official misconduct if, being a tribal official or employee interferes with a criminal investigation being conducted by the Tribal Police or the Tribal Prosecutor, with the exception of the Tribal Council which has ultimate authority over said investigations
d. Official misconduct is a Class B offense.
Sec. 4 Unofficial Misconduct
a. A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of the functions of a public official when he has not been elected or appointed to the office, has, not filed a required bond, has not filed the required oath, continues to act as an official after his term of office has expired, or intentionally withholds or retains from his successor or intentionally destroys any records, papers, or documents pertaining to the office he vacated.
b. It is a defense to a charge of unofficial misconduct that a person reasonably believed he was authorized to act as a public official.
c. Unofficial misconduct is a Class B offense.
Sec. 5 Perjury
a. A person commits perjury if, in any official proceeding, he makes a false statement under oath or equivalent affirmation, or swears or affirms to the truth of a statement previously made, when the statement could affect the outcome of the proceeding, and does not believe the statement to be true. Perjury is a criminal offense and punishable as the Court may determine.
b. No person shall be charged with Perjury where proof of falsity rests solely upon contradiction by the testimony of a single person other than the defendant.
Sec. 6 Making a False Report
a. A person is guilty of making a false report if he intentionally:
(1) gives false information to a law enforcement officer or Tribal Prosecutor with the Intention of misleading such officer or prosecutor in the performance of his official duties or function;
(2) make a false statement not under oath, or swears or affirms to the truth of such a statement previously made, when the falsification was intended to mislead a public official, or occurred in an official proceeding or investigation; or,
(3) causes a false fire alarm or other emergency alarm to be transmitted to or within any organization for dealing with emergencies involving danger to life or property.
b. Making a false report is a Class C offense.
Sec. 7 Interfering With the Judicial Process
a. A person is guilty of interfering with the judicial process if he:
(1) attempts to induce or otherwise cause another person to testify falsely or withhold information, testimony, documents or things from the Court;
(2) harms another person in retaliation for anything done by the other person in his capacity as a court officer, court employee, witness or informant;
(3) alters, destroys, or conceals any record, document or thing with the purpose of impairing its availability as evidence, or presents any record, document or thing knowing it to be false with the intent of misleading the Court;
(4) solicits, accepts or agrees to accept any benefit in consideration for his doing any of the things specified in this Subsection.
b. Interfering with the judicial process is a Class B offense.
Sec. 8 Interfering With the Governmental Process
a. A person is guilty of interfering with the governmental process if he intentionally:
(1) makes false entry in, or false alteration of any record, document or book kept by the Tribe;
(2) makes, presents, or uses any false record, document or thing with the purpose that it be taken as genuine;
(3) destroys, conceals (including Intentionally failing to enter a required entry into any record or document), removes any record, document or thing belonging to the Tribe without proper authorization to do so.
b. A person is guilty of interfering with the governmental process if he uses force, violence, or intimidation with the intent to interfere with a public servant performing an official function.
c. Interfering with the Governmental process is a Class C offense.
Sec. 9 Interfering With Law Enforcement Procedures
a. A person is guilty of interfering with law enforcement procedures if he:
(1) resists arrest by any means that creates a risk of bodily harm to anyone (also known as Resisting Arrest);
(2) intentionally interferes with the apprehension for prosecution of another by harboring or concealing the other, or by providing weapons or transportation or other means of escape (also known as Aid and Abetting); or,
(3) intentionally obstructs a law enforcement officer in the performance of his official duties through threats, violence or force (also known as interfering with a Police Officer and/or Obstruction of justice); or,
(4) removes himself from official detention (also known as Escape).
b. Interfering with law enforcement procedures is a Class A offense.
Sec. 10 Doing Business Without a License
A person is guilty of doing business without a license if he commences or carries on any business, trade, profession, or calling which is required by Tribal law to be licensed, without having an appropriate license. Doing business without a license is a civil offense and is punishable by fine as the Court may determine.
Sec. 11 Tampering With or Destroying Public Property
A person is guilty of tampering with or destroying public property if he intentionally injures or destroys any book, record, document, building, marker, or any other tangible property real or personal, which belongs to the Tribe. Tampering with or destroying public property is a criminal offense, punishable as the Court may determine.
Sec. 12 Failure to Obey a Lawful Order of the Court
(Court Order); Contempt of Court
a. A person is guilty of failure to obey a lawful order of the Court if he intentionally, and without good reason, fails to obey any order, subpoena, warrant, or command (verbal such as testifying during a trial or written) duly made, issued, or given by the Tribal Court or any officer thereof, or otherwise issued according to law (also known as Contempt of Court).
b. Subsection "a" above, does not apply to failure to appear as a party in a civil action where default or similar remedy is available to the other party.
c. Failure to obey a lawful order of the Court is a criminal offense, punishable as the Court may determine.
Sec. 13 Neglect of Duty
All Tribal police officers, who are Indian, shall be vigilant in carrying out the provisions of this Title with respect to Class A and Class B offenses with full force and effect. If it is unclear whether a Class A or B offense has been committed, the officer shall have a reasonable time to conduct an investigation before making an arrest. Any Indian officer who shall neglect his duty by failing to arrest a person who commits a Class A or Class B offense, in his presence, shall be guilty of a class C offense, himself.
G. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
Sec. 1 Disorderly Conduct
a. Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood, person, or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting shall be guilty of a Class C offense.
b. A person is guilty of disorderly conduct if he refuses or knowingly fails to obey an order to disperse or leave the immediate vicinity, given by a law enforcement officer or other public servant performing a law enforcement function at the scene of an accident or fire, or given in the course of executing or enforcing a law, or given in the course of a criminal investigation. Disorderly conduct is a Class C offense.
Sec. 2 Public Intoxication (commonly known as Drunk
in Public)
a. Any Indian person appearing in a public or private place other than their own home or place of business, apparently under the influence of intoxicating liquor in such a condition that he is unable to exercise care for his own safety or the safety of others, shall be deemed guilty of public intoxication and, upon conviction thereof, for the first offense shall be sentenced to imprisonment for not more than 15 days or fined not more than $50.00, or both fine and imprisonment. Alternatively, the Court may order said person, on the first offense, to attend a rehabilitation program following the procedures in N.R.S. 458.290 to 458.350.
b. Upon conviction of a second offense the person shall be sentenced to a minimum of 15 days imprisonment up to a maximum of six (6) months or fined a minimum of $15.00 up to a maximum of $500.00 or both fine and imprisonment.
c. Upon a conviction of a third offense, said person shall be sentenced to a minimum of six (6) months and may be further punished by a fine of not less than $100.00 to a maximum of $500.00.
d. Upon subsequent convictions, said person shall be sentenced to a minimum of six (6) months imprisonment, and may be further punished by a fine of $500.00.
Sec. 3 Misuse of a Telephone
a. A person is guilty of misuse of a telephone if:
(1) he uses the telephone with the intent of harassing another and without purpose of legitimate communications;
(2) he intentionally refuses to yield or surrender the use of a party line or public pay telephone upon being informed that the telephone is needed to report a fire or summon an emergency aid (police or ambulance);
(3) he asks for the use of a party line or public pay telephone under the pretext that an emergency exists knowing no emergency exists.
b. Misuse of a telephone is a civil offense, punishable by fine as the Court may determine.
Sec. 4 Desecration
a. A person is guilty of desecration if he purposely desecrates any public monument, structure, place of worship or cemetery. Desecrate means defacing, damaging, polluting, or otherwise physically mistreating one of the above things in a way that the actor knows or believes will outrage the sensibilities of the persons likely to observe or discover his action. Desecration is a civil offense, punishable by fine as the Court may determine.
Sec. 5 Violation of Privacy
a. A person is guilty of violation of privacy if; except as authorized by law, he:
(1) trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;
(2) installs any device for observing, photographing, recording or eavesdropping in or outside of any private place, without the consent of the person or persons who have a reasonable expectation of privacy there; or,
(3) intercepts a message by telephone, telegraph, letter, or other communication without the consent of the sender or the receiver.
b. Violation of privacy is a class C offense.
Sec. 6 Weapons Offenses
a. Firearm defined - As used in this Section, "firearm" means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.
b. Setting of a spring gun or other deadly weapon unlawful unless used for the destruction of gophers, moles, coyotes, other predators, varmints, burrowing rodents, etc., and with the owners, leasee or administrator's permission when or real property or within one (1) mile of any residence. A warning flag or other device to warn people of the potential hazard shall be installed in close proximity of the set and clearly visible.
(1) Violation of Subsection "b"of this Section shall be punished by:
(a) If no injury results to a human being for a Class C offense.
(b) If nonfatal injury occurs to a human being for a Class B offense.
(c) if death occurs, not amounting to murder, for a Class A offense.
c. Any person who unlawfully possesses, manufactures or disposes of any explosive or incendiary device with intent to destroy life or property shall be punished for a Class A offense.
(1) For the purposes of this section:
(a) "Dispose of" means to give away, loan, offer, offer for sale, sell or transfer.
(b) "Explosive or incendiary device" means any explosive or incendiary material or substance that has been constructed, altered, packaged, or arranged in such a manner that its intended use would cause destruction or injury to life or property.
(2) Subsection "c", above, does not prohibit the manufacture, use, possession or disposal of any material, substance or device by persons engaged in mining or any other lawful activity or who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties or lawful activities.
d. Destruction of building by explosives; Punishment of Conspirators:
(1) Every person who destroys or attempts to destroy with dynamite, nitroglycerine, gunpowder or other explosive, any dwelling or structure knowing or having reason to believe a person is inside at the time, shall be punished for a Class A offense, if Indian.
(a) If the dwelling or structure is unoccupied and not the person's own, then the actor may be punished as the Court may determine.
(2) Any person or persons who conspire with others to commit the offense described in Paragraph (1), above, shall be punished in the same manner.
e. Unlawful to possess, manufacture or dispose of a short barreled rifle or a short barreled shotgun, without a Federal license or stamp; exceptions:
(1) For the purposes of this section:
(a) "Short barreled rifle" means a rifle having a barrel length less than 16 inches in length and/or any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.
(b) "Short barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and/or any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.
(2) Any person who unlawfully possesses, manufactures or disposes of any short barreled rifle or short barreled shotgun shall be punished for a Class A offense.
(3) This section does not prohibit:
(a) the possession or use of any short barreled rifle or short barreled shotgun by any peace officer authorized to do so in the performance of official duties; or,
(b) the possession or use of any short barreled rifle or short barreled shotgun by any person who is licensed as a firearms importer, manufacturer or dealer by the United States Department of Treasury, or who possesses a use tax stamp issued to them by the United States Department of Treasury, for said firearm.
f. It is unlawful for to change, alter, remove or obliterate the serial number of a firearm.
(1) Possession of such a firearm is prima facie evidence that the possessor changed, altered, removed or obliterated the serial number.
(2) Any person who violates the provisions of this Subsection is guilty of a Class B offense.
g. Discharging a firearm upon or across a public roadway or in a public place, where a person might be endangered, although no injury results, is guilty of a Class A offense.
h. Any person who willfully and maliciously discharges a firearm at or into any structure, vehicle, aircraft or watercraft shall be punished:
(1) If it is occupied by a person, for a Class A offense.
(2) If it is abandoned, for a Class C offense.
i. Every person who shall aim a firearm, loaded or unloaded, toward a person or who willfully discharges a firearm or other weapon, or throws a deadly missile in a public place and in any place where a person might be endangered, although no injury results, shall be guilty of a Class B offense.
j. No minor under the age of 10 years shall handle or have in his possession or under his control, except while accompanied by or under the immediate of an adult person, any firearm for hunting or target practice or for other purposes.
(1) Every Indian person violating or allowing a minor to violate the provisions of this Subsection,shall be guilty of a Class C offense.
k. Any person, within the jurisdiction of the Yomba Shoshone Tribe, who sells or barters to a person under the age of 18 years a firearm capable of being concealed upon one's person shall be guilty of a Class C offense.
(1) For the purpose of this Subsection (k), the term "firearm capable of being concealed upon one's person" includes all firearms having a barrel length less than 12 inches.
l. Drawing a deadly weapon in a threatening manner:
(1) Any person having carrying or procuring from another person any dirk, dirk-knife, sword, swordcane, firearm or other deadly weapon, who shall in the presence of two or more persons, draw or exhibit such deadly weapon in a rude, angry or threatening manner not in necessary self-defense, or who shall in any manner unlawfully use the same in any fight or quarrel, shall be guilty of a Class C offense.
(2) No peace officer shall be held to answer, under the provisions of Paragraph (1), above, for drawing or exhibiting any of the weapons mentioned, while in the lawful discharge of his duties.
m. Confiscation of dangerous weapons by Tribal police; retention by or private sale to law enforcement officer, agencies:
(1) When a weapon, described in Paragraph (1) of Subsection 1, above, is confiscated by a Tribal police officer he shall do one of the following:
(a) Retain the confiscated weapon pursuant to an order by the Tribal Judge or by the Tribal prosecutors upon finding that such retention is necessary for purposes of evidence, until such order is rescinded.
(b) Return the weapon upon the request of the person from whom it was confiscated if it is not otherwise unlawful for the person to possess said weapon under Tribal or Federal law that is applicable in Indian country, after it is no longer required under Subparagraph (a) of this Paragraph.
(i) If the weapon was confiscated from a minor under the age of 18 years, the weapon must be returned to the parent or guardian of said minor, if legal to do so.
(c) If it is determined the weapon poses an extreme danger to the public (i.e. - a homemade firearm, explosive device, etc.) or that the weapon is unlawful to possess under Tribal law or Federal law applicable in Indian country, said weapon is to be destroyed by the officer or under the officer's supervision.
(d) Retain the confiscated weapon at the request of the owner, in writing, stating he no longer wishes to own the weapon and relinquishes ownership of the weapon to the Tribe.
(i) The Tribal Council shall, at least once a year, order the officer to whom a confiscated weapon has been relinquished to the tribe's ownership to do one of the following:
(aa) Retain such weapon for use by the Tribal Police.
(bb) Sell such weapon to another law enforcement agency at a price not less than its prevailing market value.
(cc) Sell such weapon at a public auction to be held after notice is given of such public auction, with the proceeds being deposited with the Tribal treasurer who shall credit the proceeds to the general fund of the Tribe.
(dd) Any officer receiving an order to sell a weapon under Subdivision (bb) or (cc), above, shall do so as soon as practicable
n. Manufacture, importation of dangerous weapons; carrying concealed weapon without a permit; permits issued by Tribal Police; penalties:
(1) Except as provided for elsewhere in this Section, it is unlawful to:
(a) Manufacture or cause to be manufactured, import, keep, offer or expose for sale, give, lend or possess weapons commonly known as a switchblade knife, metal knuckles (i.e.. brass knuckles), blackjack, or any item which can be construed as a dangerous weapon for which the possessor has no legitimate reason for having.
(b) Carry concealed upon his person any explosive substance, other than fixed ammunition, or ammunition reloading components; any dirk, dagger, hunting knife when placed other than on a belt about the waist, firearm or dangerous or deadly weapon.
(2) The provisions of Paragraph (1) do not apply to law enforcement officers, active or honorably retired, any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting the peace officer, or members of the Armed Forces of the United State when on duty, or going to or returning from duty.
(3) The highest ranking Tribal Police Officer may, with the Tribal Council's permission, upon written application by a resident within the tribe's jurisdiction grant written permission to the applicant authorizing the carrying of the concealed weapon described in the permit. No permit may be granted to carry a switchblade knife or spring loaded knife.
(a) A switchblade is defined as any knife, two (2) or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or using any other form of mechanical release to open the blade from the handle.
(b) A spring loaded knife is defined as any knife, two (2) or more inches long in which the blade is propelled from the handle when a button or other release device is activated, releasing the tension on the spring. A springloaded knife is commonly referred to as the Soviet Special Forces or Soviet paratroopers knife.
(4) Any person violating the provisions of this Section is guilty of:
(a) a Class B offense for the first offense; or,
(b) a Class A offense for any subsequent offense.
o. Alien, ex-felon not to possess firearm capable of being concealed on one's person; penalty:
(1) No person who has been convicted of a felony in any state or Federal jurisdiction or political subdivision thereof, shall own, have in his possession or under his control any firearm capable of being concealed upon his person, without the permission of the Tribal Council.
(2) No non-United States citizen may possess a firearm capable of being concealed on one's person without the permission of the Tribal Council.
(3) For the purpose of this Section, a firearm "capable of being concealed" is any firearm with a barrel length of less than 12 inches.
(4) Violation of this Section is a Class A offense.
(5) The provisions of this Section do not apply to law enforcement officers, active or honorably retired, citizens summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officers, or to members of the Armed Services on duty or going to or returning from duly.
Sec. 7 Criminal Nuisance
a. A person is guilty of criminal nuisance if:
(1) he recklessly interferes with or alters the flow of water in a stream, river, ditch, canal, or lateral;
(2) he recklessly breaks, injures, alters or destroys any bridge, dam, canal, flume, or other structure for the control of water without lawful authority to do so;
(3) he negligently causes or allows any substance harmful or potentially harmful to persons, animals, or plants to enter into a water course used for drinking or other domestic or farm purposes; or,
(4) he recklessly obstructs or tends to obstruct any lake, stream, canal, road, public park or highway.
b. A person is guilty of criminal nuisance if he keeps wrecked or junked cars, appliances or implements, or unreasonable quantities of trash or garbage on his property, in public view and fails to remove them when requested to do so by the Tribal Council
c. Criminal nuisance is a Class C offense.
Sec. 8 Contribution to the Delinquency of a Minor
A person, 18 years of age or over is guilty of contributing to the delinquency of a minor if he recklessly sells, gives or otherwise makes beer, liquor, wine, or other alcoholic beverage available to a person under the age of 18 years; or he recklessly sells, gives or otherwise makes available to a person under the age of 18 years a controlled substance without a prescription from a doctor or other person licensed to prescribe medicine; or he recklessly, by act or omission, encourages, causes or contributes to the commission of any offense by a person under 18 years of age. Contributing to the delinquency of a minor is a Class A offense.
Sec. 9 Fireworks Offense
Unless banned by the Tribal Council, fireworks and fireworks devices shall be used in a safe and responsible manner. For the purpose of this section, handheld sparkler type devices that burn openly and singly and the use of toy caps used in cap guns are exempted, unless also banned by the Tribal Council. Violation of this Section is a Class C offense.
Sec. 10 Littering
a. A person is guilty of littering if he throws, dumps, places, or deposits upon the land of another, upon any Tribal or public property, upon any highway, street, road, or upon any other area not his own, without the consent of the owner or other lawful permission, any garbage, debris, junk, carcasses, trash, refuse or other substance of any nature whatsoever which would mar the appearance or detract from the cleanliness of the area.
b. Littering is a Class E offense for the first offense and a Class D offense if convicted more than once in a 12 month period and for any subsequent convictions.
Sec. 11 Misuse of Controlled or Hypnotic Substance
a. Any Indian person found in possession of or apparently under the influence of a controlled substance or a hypnotic substance as listed in N.R.S. 453.161 through N.R.S. 453.191 shall be deemed guilty and upon conviction shall be sentenced to:
(1) Imprisonment of not more than six (6) months and/or fined not more than $500.00. In the alternative, for a first offense, the Court may order said person to attend a rehabilitative program.
(2) For a second offense, a person shell be sentenced to a minimum of 15 days up to a maximum of six (6) months imprisonment and/or fined a minimum of $50.00 up to a maximum of $500.00.
(3) For a third offense, said person shall be sentenced to a minimum of 30 days up to a maximum of six (6) months imprisonment and/or fined a minimum of $100.00 up to a maximum of $500.00.
(4) For a fourth offense, for a Class A offense.
b. This Section does not apply to the plant of the genus Laphorphora, commonly known as "peyote" when such drug is used as a sacrament in the religious rights of any bona fide religious organization (NRS 453.541).
Sec. 12 Abandoned Iceboxes and Other Containers
Any person who shall have on his premises any abandoned chest, icebox, refrigerator or other container not in active use, the attached door to which has a latch or lock which automatically fastens upon the door being closed and which can not be readily opened from the inside, shall completely remove the door, or secure it in such a manner as to prevent someone from accidentally locking themselves inside. Violation of this provision is a Class C offense.
Sec. 13 Possession of Drug Paraphernalia
a. In general, it shall be unlawful for any person to possess any item defined in NRS 453.566, a hypodermic device, or any other item which has been used for the illegal taking of a controlled substance, narcotic, dangerous drug or any other item which may produce a feeling of euphoria or intoxication to the point where said person is a danger to themselves or to others.
b. Prima Facie Evidence:
(1) It shall be considered prima facie evidence that the person used such item when it is found on their person or in their immediate physical control and the person appears to be under the influence of a controlled substance, narcotic, dangerous drug or any other item taken or used in an illegal manner.
(2) With the exception of (1) above, residue must be clearly visible in or on the item to be considered a violation of this Section.
c. Exemptions, include but are not necessarily limited to:
(1) Tribal ceremonial or religious use, regardless of residue being visible.
(2) Legitimate medical users and all medical personnel (i.e. insulin users, allergic reaction users, etc.).
(3) Legitimate veterinarian users and veterinarian personnel (i.e. ranchers, persons giving their pets shots, etc.)
(4) Peace officers who have confiscated said items.
(5) Instructors, etc., who use such items for training purposes and displays.
(6) Persons who possess such items for their artistic designs and no residue is evident.
d. Confiscation and Disposition of Item:
(1) If held for evidence in a criminal case, the item shall be treated as any other type of evidence and upon adjudication and release by the Tribal Prosecutor, shall be disposed of in accordance with department policy.
(a) If the officer wishes to retain the item for display purposes, he shall ask for and receive permission of the Tribal Council.
(2) If subsequent investigation reveals that no violation of this Chapter occurred, the officer will contact the owner and arrange for the release of the item to the owner.
(a) The owner will be asked to sign a receipt showing the item was returned.
(b) If the owner does not wish the item returned, then it should be disposed of in accordance with Paragraph (1) above. If possible, the owner should sign a voluntary statement to the affect that he/she does not wish the property returned.
(i) The individual officer(s), the police department, the Tribe and all other tribal employees shall be immune from civil action arising from any misunderstanding about the disposition of said property.
e. Penalties:
1st Offense: Class E Offense with the penalty at the discretion of the Tribal Judge.
2nd Offense: Class D Offense with the penalty at the discretion of the Tribal Judge.
3rd and subsequent Offense: Class C Offense with the penalty at the discretion of the Tribal Judge.
Sec. 1 Intoxication
Intoxication is not a defense unless it negates the mental state required for the offense. When recklessness is an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he should have been aware had he been sober, such unawareness is not a defense. Intoxication which is not self-induced is a defense.
Sec. 2 Duress
It is a defense that the actor engaged in conduct charged to constitute an offense because he was coerced to do so by use of, or threat to use, unlawful force against his person or the person of another, which a law abiding person of reasonable firmness would have been unable to resist. It is no defense that a woman acted on a command of her husband or a man on command of his wife, unless the circumstances amount to duress as defined above. The defense of duress is unavailable where the conduct constituting the offense causes or threatens to cause death or serious bodily harm to some person other than the actor.
Sec .3 Consent
The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negates an element of the offense. However, consent is not a defense if bodily harm consented to or threatened by the offense is serious. Consent that is given by a person who by reason of youth, mental disease or defect, or intoxication, is unable to make a reasonable judgment is not valid.
Sec. 4 Entrapment
A law enforcement officer perpetrates an entrapment if he induces or encourages another person to engage in conduct constituting an offense by knowingly making false representations designed to induce the belief that such conduct is not prohibited, or if he employs methods of persuasion which create a substantial risk that an offense will be committed by a person who would not otherwise be ready to commit it. This defense is not available when the offense involves bodily injury or the threat of bodily injury to a person other than the officer perpetrating the entrapment.
Sec. 5 Justification
Justification is a defense when the actor's conduct is reasonable, and in fulfillment of his duties as a Tribal Officer or employee, or is reasonable discipline of a minor by a parent,guardian, teacher, or other person in the position of a parent.
Sec. 6 Force in Defense of Persons
a. A person is justified in threatening or using force against another person when and to the extent that he reasonably believes such force is necessary to defend himself or a third person against such other person's immediate use of unlawful force. However, a person is justified in using force which is intended or likely to cause death or serious bodily injury only if he reasonably believes that such force is necessary to prevent death or serious bodily injury to himself or a third person.
b. A person is not justified in using force under this Section if he was the aggressor or was engaged in combat by consent, unless he has withdrawn from the encounter and effectively communicated his withdrawal to the other person.
c. A person is not justified in using force under this Section if he initially provoked the use of force upon himself with the intent to use such force as an excuse to inflict harm upon another, or if he is attempting to commit, committing or fleeing after the commission of an offense.
Sec. 7 Force in Arrest
a. Any person is justified to use that amount of force necessary to effect an arrest, except the use of deadly force or force likely to cause serious bodily injury can not be used unless the person is in immediate fear of his life or that of a third person.
b. A law enforcement officer may use that amount of force necessary to effect an arrest, including the use of deadly force if the person to be arrested is attempting to escape by use of a deadly weapon, or the officer is in immediate fear of his life or that of a third person.
Sec. 8 Force in Defense of One's Dwelling
A person is justified in using that amount of force necessary against another person to prevent or terminate the other person's entry into or attack upon his dwelling. However he may only use deadly force if he is in immediate fear of his life or the life of another person in the dwelling or if he reasonably believes that the entry is made or attempted for the purpose of committing a Class A offense or other offense involving bodily injury.
Sec. 9 Force in Defense of Property
A person is justified in using that amount of force necessary, other than deadly force unless he is in immediate fear of his life or the life of a third person, to prevent or terminate criminal interference with real/personal property lawfully in his possession or in the possession of his immediate family, or belonging to a person whose property he has a legal duty or right to protect.
Sec. 10 Insanity as a Defense
a. An act done by a person in a state of insanity can not be punished as a public offense, nor can a person be tried, adjudged to punishment, or punished for a public offense while he is insane
b. The Court shall appoint two physicians, at least one of whom is a psychiatrist or otherwise especially qualified, to examine the defendant.
(1) At a hearing in open court, the Judge shall receive the report of the examining physicians and shall permit counsel for both sides to examine them. The prosecution and/or the defendant may introduce other evidence and cross-examine one another's witnesses.
(2) The Court shall then make and enter its findings of sanity or insanity.
c. If the Court finds the defendant sane, the trial shall proceed or judgment may be pronounced, as the case may be.
d. If the Court finds the defendant insane, the Judge shall order the law enforcement officer to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of a suitable treatment program. Proceedings against the defendant must be suspended until the psychiatrist in charge finds him capable of standing trial. The commitment of the defendant shall exonerate any bail he may have given, or shall entitle any person authorized to receive the property of the defendant to a return of any money he may have deposited instead of bail.
I. CLASSES OF OFFENSES AND SENTENCE
Sec. 1 Sentence for Classes of Offenses
a. A person convicted of a Class A, B, C, D, or E offense may be sentenced as follows:
(1) If the offense is a Class A offense, to a term of imprisonment not to exceed one (1) year, to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(2) If the offense is a Class B offense, to a term of imprisonment not to exceed nine (9) months; to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(3) If the offense is a Class C offense, to a term of imprisonment not to exceed six (6) months; to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(4) If the offense is a Class D offense, to a term of imprisonment not to exceed 30 days; to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(5) If the offense is a Class E offense, to a fine not to exceed $100.00, without imprisonment.
b. In addition to the sentences listed, any further punishment or penalty specifically established for a particular offense also may be imposed.
Sec. 2 General Sentencing Provisions
a. If an offense is not designated as a Class A, B, C, D, or E offense, the sentence imposed for such offense shall be as specified in the ordinance establishing the offense.
b. If an offense is not designated as a Class A, B, C, D, or E offense, and no sentence is specified for the offense, it shall be a Class E offense, and a person convicted of such an offense shall be sentenced as provided in Section 1, Subsection "a" Paragraph (5).
Sec. 3 Probation and Restitution
Nothing in this Chapter, et al., shall prevent the imposition of a sentence involving probation or restitution, in accord with the provision of Title Four (4).
BAIL SCHEDULE
CLASS A Offense $5000.00
Class B Offense $2500.00
Class C Offense $1000.00
Class D Offense $250.00
Class E Offense $100.00
CLASSES OF OFFENSES AND SENTENCE
Sec. 1 Sentence For Classes of Offenses (Adopted by Tribal Council on 12 Oct. 2000)
(a) A person convicted of a Class A, B, C, D, or E offense may be sentenced as follows:
(1) If the offense is a Class A offense, to a term of imprisonment not to exceed one (1) year; to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(2) If the offense is a Class B offense, to a term of imprisonment not to exceed nine (9) months; to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(3) If the offense is a Class C offense, to a term of imprisonment not to exceed six (6) months; to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(4) If the offense is a Class D offense, to a term of imprisonment not to exceed 30 days, to a fine not to exceed $5,000.00, or to both such fine and imprisonment.
(5) If the offense is a Class E offense, to a fine not to exceed $100.00, without imprisonment.
(b) In addition to the sentences listed, any further punishment or penalty specifically established for a particular offense also may be imposed.
TITLE FIVE - BAIL SCHEDULE
| CHARGE | CHAPTER/SECTION | BAIL |
| ATTEMPT, CONSPIRACY AND SOLICITATION | ||
| Attempt | B.1 | Same as Offense Class |
| Conspiracy | B.2 | Same as Offense Class |
| Solicitation | B.3 | Same as Offense Class |
| OFFENSES INVOLVING DANGER TO PERSON | ||
| Criminal Homicide | C.1 | NO BAIL |
| Assault, Without Deadly Weapon | C.2.b (1) | 1,000.00 |
| Assault, WITH Deadly Weapon | C.2.b (2) | 5,000.00 |
| Battery, Without Deadly Weapon & Without Substantial Bodily Harm | C.3.b (1) | 500.00 |
| Battery, Without Deadly Weapon & Substantial Bodily Harm Results | C.3.b (2) | 2,500.00 |
| Battery, UPON POLICE OFFICER | C.3.b (3) | 5,000.00 |
| Battery, WITH Deadly Weapon, Regardless of Harm | C.3.b (4) | 5,000.00 |
| Provoking an Assault | C.4 | 100.00 |
| Unlawful Restraint | C.5.a (i),(2) | 5,000.00 |
| Kidnapping | C.5.b | 25,000.00 |
| All Other Cases of Unlawful Restraint Not Covered | C.5.c | 2,500.00 |
| Custodial Interference | C.6 | 5,000.00 |
| Statutory Rape | C.7.a (1) | 2,500.00 |
| Sexual Assault | C.7.b (1) | 20,000.00 |
| Indecent or Obscene Exposure | C.7.d | 5,000.00 |
| Lewdness With Child Under 14 Years of Age | C.7.e | 7,000.00 |
| OFFENSES AGAINST PROPERTY | ||
| Arson | D.1.a | 25,000.00 |
| Reckless Burning | D.1.b | 5,000.00 |
| Criminal Mischief (Class A Offense) | D.2.a (1) | 5,000.00 |
| Criminal Mischief Value over $100.00 | D.2.a (2) | 5,000.00 |
| Criminal Mischief Value under $100.00 | D.2.a (2),(3) | 500.00 |
| Burglary | D.3 | 5,000.00 |
| Trespass | D.4.a | 500.00 |
| Trespass, Aggravated | D.4.b | 5,000.00 |
| Robbery | D.5 | 10,000.00 |
| Theft, Value $500.00 or More | D.6.a | 5,000.00 |
| Theft, Value $100.00 to $500.00 | D.6.a | 2,500.00 |
| Theft, Value Under $100.00 | D.6.a | 1.000.00 |
| Theft, Value Undetermined without evidence of value | D.6.a | 1,000.00 |
| Forgery, $500.00 or more value (Class A) | D.7.a | 5,000.00 |
| Forgery, $100.00 to $500.00 (Class B) | D.7.a | 5,000.00 |
| Forgery, Under $100.00 (Class C) | D.7.a | 2,500.00 |
| Criminal Simulation (faking antiquities) | D.8 | 2,500.00 |
| Tampering With Records or Other Documents | D.9 | 5,000.00 |
| Deceptive Business Practices | D.10.a | 5,000.00 |
| Rigging Contest (Class C) | D.11 | 2,500.00 |
| Defrauding Creditors | D.12.a | 2,500.00 |
| Defrauding Proprietor | D.13 | 2,500.00 |
| OFFENSES AGAINST THE FAMILY | ||
| Criminal Nonsupport | E.1.a | 5,000.00 |
| Criminal Child Abuse | E.2.a | 10,000.00 |
| Criminal Child Neglect | E.3 | 5,000.00 |
| Failure to Report Child Abuse or Neglect | E.4 | 2,500.00 |
| OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT | ||
| Bribery | F.1 | 5,000.00 |
| Improper Influence in Official Matters | F.2 | 5,000.00 |
| Official Misconduct | F.3 | 5,000.00 |
| Unofficial Misconduct | F.4 | 5,000.00 |
| Perjury | F.5 | 5,000.00 |
| Making a False Report | F.6.a | 2,500.00 |
| Interfering With Judicial Process | F.7.a | 5,000.00 |
| Interfering With Governmental Process | F.8.a,b | 3,000.00 |
| Interfering With Law Enforcement Procedures | F.9.a | 10,000.00 |
| Doing Business Without a License | F.10 | CIVIL |
| Tampering With or Destroying Public Property | F.11 | 5,000.00 |
| Failure to Obey Lawful Order of Court (Court Order) Contempt of Court | F.12.a | 5,000.00 |
| Neglect of Duty | F.13 | 2,500.00 |
| OFFENSES AGAINST PUBLIC ORDER AND DECENCY | ||
| Disorderly Conduct | G.1.a,b | 1,000.00 |
| Public Intoxication, 1st Offense | G.2.a | 100.00 |
| Public Intoxication, 2nd Offense (Class C) | G.2.b | 1,000.00 |
| Public Intoxication, 3rd Offense (Class C) | G.2.c | 2,000.00 |
| Public Intoxication, 4th Offense & Thereafter | G.2.d | 5,000.00 |
| Misuse of a Telephone | G.3.a | CIVIL |
| Desecration | G.4 | CIVIL |
| Violation of Privacy | G.5.a | 2,500.00 |
| Unlawful Setting of Spring Gun, No Injury to humans | G.6.b (1) (a) | 1,000.00 |
| Unlawful Setting of Spring Gun, Nonfatal Injury | G.6.b (1) (b) | 5,000.00 |
| Unlawful Setting of Spring Gun, FATAL Injury | G.6.b (1) (c) | 10,000.00 |
| Unlawful Possession of Explosive...With Intent | G.6.c | 20,000.00 |
| Destruction by Explosives, Conspirators.. | G.6.d (1) | 20,000.00 |
| Destruction by Explosives, Unoccupied Structure... | G.6.d (1) (a) | 15,000.00 |
| Unlawful Possession.. Short Barreled Rifle/Shotgun | G.6.e | 2,500.00 |
| Unlawful Altering..Firearm Serial Number | G.6.f | 2,500.00 |
| Discharging Firearm..on, across Public Roadway.... | G.6.g | 1,000.00 |
| Discharging Firearm Into... Occupied | G.6.h (1) | 5,000.00 |
| Discharging Firearm Into... Unoccupied | G.6.h (2) | 2,500.00 |
| Aiming Firearm at Person.... | G.6.i | 5,000.00 |
| Adult Allowing Minor Under 10 to Have Firearm Without Adult Supervision Present | G.6.j (1) | 1,000.00 |
| Selling Concealable Firearm to Person Under 18... | G.6.k | 2,500.00 |
| Drawing Deadly Weapon in Threatening Manner... | G.6.l (1) | 2,500.00 |
| Carry Concealed Weapon Without Permit .. 1st Offense | G.6.n | 2,500.00 |
| Carry Concealed Weapon Without Permit.. Subsequent Offenses | G.6.n | 5,000.00 |
| Alien, Ex-Felon in Possession of Concealable Firearm.. | G.6.o. | 5,000.00 |
| Criminal Nuisance | G.7 | 2,500.00 |
| Contributing to Delinquency of Minor | G.8 | 5,000.00 |
| Fireworks Offense (Class C) | G.9 | 500.00 |
| Littering, 1st Offense (Class E) | G.10.a | 100.00 |
| Littering, 2nd Offense Within 12 Month Period | G.10.b | 500.00 |
| Littering, Subsequent Offenses (Class D) | G.10.b | 1,000.00 |
| Misuse of Controlled or Hypnotic Substance, 1st Offense | G.11.a (1) | 1,000.00 |
| Misuse of Controlled or Hypnotic Substance, 2nd Offense | G.11.a (2) | 1,500.00 |
| Misuse of Controlled or Hypnotic Substance, 3rd Offense | G.11.a (3) | 2,500.00 |
| Misuse of Controlled or Hypnotic Substance, 4th Offense | G.11.a (4) | 5,000.00 |
| Abandoned Iceboxes and Containers.. | G.12 | 500.00 |