Tribal Law - Turtle Mountain Band of Chippewa Indians of North Dakota; National Indian Law Library, Native American Rights Fund

Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

To contact the Turtle Mountain Band of Chippewa, visit the tribe's website. The tribe also publishes their laws through the law library on their website.

Turtle Mountain Band of Chippewa Indians Tribal Code.

26.05.060 Self Defense

A person is justified in using force upon another person to defend himself against danger of imminent unlawful bodily injury, sexual assault, or detention by such other person, except that:

(a) A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted.

(b) The person coming to the defense has not, by provocation or otherwise, forfeited the right of self-defense

(1) He/she intentionally provokes unlawful action by another person to cause bodily injury of death to such other person; or

(2) He/she has entered into a mutual combat with another person or is excessive in the circumstances. A person's use of defensive force after he/she leaves from an encounter and indicates to the other person that he/she is discontinuing the mutual combat subsequently is justified if the latter nevertheless continues or menaces unlawful action.