Chapter 15-1 PRELIMINARY PROVISIONS

CHAPTER 15-1
PRELIMINARY PROVISIONS

15-1-1 Preliminary Provisions

(A) Short Title. This Title may be cited as The Tribal Criminal Code.

(B) Application.

(1) This Title shall apply to all Indian persons violating its provisions within the territorial jurisdiction of the Nation. The provisions of Chapter Four of this Title shall apply to all members of the Nation and all Indian residents of the jurisdiction of the Nation wherever such violation may occur if such violation has any actual or intended effect upon the political integrity or political or economic security of the Nation.

(2) The Nation and the tribal court will have full jurisdiction and authority to enforce this Title for all Indian and non-Indian persons to the fullest extent legally possible. Regardless of its inclusion in this Title, to the extent any tribal law is civil in nature, such law shall apply to any person who is not subject to the Nation’s criminal jurisdiction. The tribal court will have the authority to enforce civil fines for any person who violates this Title in the amount enumerated for activity for which criminal punishment is provided. The tribal court is authorized to issue civil court orders or contempt of court orders against any person who fails to comply with tribal law or an order of the court. Civil contempt orders may include incarceration and fines. Violations of any civil or criminal provision of this Title will be determined by the tribal court to be an unlawful public nuisance, which may be enjoined by the tribal court.

(3) This Title shall apply to non-Indians to the extent not inconsistent with federal law and to the extent that any person found to have violated any provision of this Title may be banished from the jurisdiction of the Nation for a period of not more than ten years, or for such longer term as may be imposed by the Section violated, in a civil proceeding brought by the Nation. The non-Indian, in such cases, shall have all the procedural rights of a criminal defendant, and such cases shall be tried by the rules of criminal procedure.

CRIMES AGAINST PROPERTY

15-1-2 Arson in the First Degree.

(A) It shall be unlawful to knowingly and willfully start a fire or cause an explosion with the purpose of:

(1) Destroying or damaging any building, dwelling, occupied structure or other property of another exceeding $1,000 in value or

(2) Destroying or damaging any property, by whomever owned, to collect insurance for such loss.

(B) Arson in the First degree shall be punishable by a fine of not less than $5,000 or by imprisonment in the tribal jail for a term of not less than three months nor more than one year; or by banishment for a period of not more than ten years; or any combination of the above sentences.

(C) Should the commission of the offense result in the death of or serious bodily injury to any person, a sentence of banishment may be imposed for any period not exceeding life in addition to the punishment authorized above.

15-1-3 Arson in the Second Degree.

(A) It shall be unlawful to knowingly or recklessly, carelessly, or negligently, without regard to the consequences start a fire or cause an explosion which:

(1) Endangers human life, or

(2) Damages or destroys the property of another.

(B) Arson in the Second Degree shall be punished by a fine of not more than $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

15-1-4 Arson in the Third Degree.

(A) It shall be unlawful after having started any fire, even though started safely for a lawful purpose, to fail to either:

(1) Take reasonable measures to put out or control the fire, or

(2) To give prompt alarm, if the fire is spreading in such manner that it may endanger the life or property of another.

(B) Arson in the third degree shall be punishable by a fine of not more than $2,500 or by imprisonment in the tribal jail for a period not exceeding six months, or both.

15-1-5 Criminal Mischief.

(A) It shall be unlawful to willfully and knowingly:

(1) Damage or destroy any property with the intent to defraud an insurer,

(2) Tamper with the property of another so as to recklessly endanger the safety of another, or recklessly cause any damage to any property or utility service,

(3) Damage, destroy, maim, or deface any domestic animal property of another, or

(4) Purposely or recklessly shoot or propel a missile or other object upon or against a motor vehicle, airplane, boat, locomotive or train.

(B) Criminal mischief shall be punishable by a fine of not more than $5,000 or by imprisonment in the tribal jail for not more than six months, or both.

15-1-6. to 15-1-9

Reserved.

15-1-10 Burglary.

(A) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle, trailer, or semitrailer, mobile home, or any similar enclosed structure of another without consent and with the intent to steal or commit any offense punishable by imprisonment.

(B) Burglary shall be punishable by a fine of not more than $5,000 or, by imprisonment in the tribal jail for not more than six months; or, by banishment for a period of not more than five years; or by any combination of the above sentences.

15-1-11 Breaking and Entering.

(A) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle trailer or semitrailer, mobile home, trunk, drawer, box, coin operated machine, or similar structure, object, device of another without consent and with the intent to:

(1) Cause annoyance or injury to any person therein,

(2) Cause damage to any property therein,

(3) Commit any offense therein,

(4) Steal or

(5) Cause, or does actually cause, whether intentionally or recklessly, fear for the safety of another.

(B) Breaking and Entering shall be punishable by a fine of not more than $2,500 or by imprisonment in the tribal jail for a period not exceeding six months, or both.

15-1-12 Criminal Trespass.

(A) It shall be unlawful to enter onto, or remain upon the property of another if notice against entry or notice to leave the property had been given by:

(1) Personal communication by the owner or someone having authority to act for the owner,

(2) Fencing, other than barbed wire or similar field fences except as hereafter provided, or other enclosure obviously designed to exclude an intruder, or

(3) Posting of signs prohibiting entry and reasonably designed to come to the attention of intruders.

(B) Criminal Trespass shall be punishable by a fine not exceeding $1,000 or by imprisonment in the tribal jail for a term not exceeding three months, or both.

(1) The property was open to the public upon entry and upon being ordered to leave the person did so without undue delay, or

(2) Even though not open to the public, the person did not substantially interfere with the use of the property or damage of any property, and upon being ordered to leave the person did so without undue delay.

(D) On rural lands fenced with barbed wire or other types of fencing normally meant to enclose or exclude domestic animals, signs prohibiting entry, using a size of at least six inches by eight inches placed upon or in plain sight next to such fence and not more that one hundred fifty feet apart, shall create a rebutable presumption that reasonable notice against entry or entry for certain purposes had been given.

15-1-13. to 15-1-19 Reserved.

15-1-20 Larceny.

(A) It shall be unlawful to take or carry away any tangible or intangible personal property by fraud or stealth with the intent to permanently deprive the owners thereof.

(B) Larceny shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the property taken exceeds $1,000, a sentence of banishment for a period of not exceeding five years may be imprisoned in addition to the punishment authorized above.

15-1-21 Extortion.

(A) It shall be unlawful to take, receive, or control the use or disposition of property of another with the intent to deprive the person of the possession or use thereof by threatening to:

(1) Cause bodily harm to any person,

(2) Commit any offense, or

(3) Unlawfully injure or destroy any property.

(B) Extortion shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the property extorted exceeds $1,000, a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

15-1-22 False Pretenses.

(A) It shall be unlawful to obtain, take, or receive any property of another by means of a trick or deception, or false or fraudulent representation, statement, or pretense with the intent to permanently deprive the owner thereof.

(B) False Pretenses shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the property gained by False Pretenses exceeds $1,000, a sentence of banishment for a period not exceeding five years may be imposed in addition to the punishment authorized above.

15-1-23 Embezzlement.

(A) It shall be unlawful to wrongfully or fraudulently appropriate for a person’s own use or the use of another any property of another with which the person has been entrusted.

(B) Embezzlement shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the property embezzled exceeds $1,000, a sentence of banishment for a period not exceeding five years may be imposed in addition to the punishment authorized above.

15-1-24 Receiving Stolen Property.

(A) It shall be unlawful to possess, receive, buy or conceal any personal property that has been stolen or otherwise obtained from its true owner in violation of this Title with the intent to deprive permanently the true owner thereof.

(B) Receiving stolen property shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the property exceeds $1,000, a sentence of banishment for a period not exceeding five years may be imposed in addition to the punishment authorized above.

15-1-25 Theft of Property Lost, Mislaid, or Delivered by Mistake.

(A) It shall be unlawful to fail to take reasonable measures to restore property to a person entitled thereto with the intent to permanently deprive the owner thereof, when it is known or should be reasonably suspected that the property has been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient.

(B) Theft of property lost, mislaid, or delivered by mistake shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the property exceeds $1,000, a sentence of banishment for a period not exceeding five years may be imposed in addition to the punishment authorized above.

15-1-26 Theft of Services.

(A) It shall be unlawful to obtain services known to be available only for compensation by deception, threat, force or any other means with the intent to avoid due payment therefore.

(B) Theft of services shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

(C) If the value of the service rendered exceeds $1,000, a sentence of banishment for a period not exceeding five years may be imposed in addition to the punishment authorized above.

15-1-27 Unauthorized Use of a Vehicle.

(A) It shall be unlawful to take, drive, or operate another’s motor vehicle, motorcycle, bicycle, or wheeled conveyance without the consent of the owner, with the intent to temporarily deprive the owner of its use or possession.

(B) Unauthorized use of a vehicle shall be punishable by a fine not exceeding $2,500, or by imprisonment in the tribal jail for a term not exceeding six months, or both.

(C) If the vehicle sustains damages while in the custody, possession, or under the control of the person violating this section, the violator shall be required to make double restitution of the amount of the actual damage to the vehicle.

15-1-28. to 15-1-35

Reserved

15-1-36 Forgery.

(A) It shall be unlawful to alter any writing of another without authorization from that person, or to make, complete, execute, authenticate, issue or transfer any writing so that it purports to be the act of another who did not authorize that act, with the intent to defraud or injure anyone.

(B) “Writing” includes printing or any other method of recording any information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, money, or other symbols of value, right, privilege, or identification.

(C) Forgery shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or by a sentence of banishment for a period not more than five years, or any combination of the above punishments. Upon a second or subsequent conviction for forgery, a sentence of banishment for a period not more than ten years may be imposed in addition to the punishment authorized above.

15-1-37 Criminal Simulation.

(A) It shall be unlawful to make, alter or utter or attempt to circulate or sell as genuine any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess, with intent to defraud anyone.

(B) Criminal simulation shall be punishable by a fine not exceeding $2,500, or by imprisonment in the tribal jail for a term not exceeding six months, or both.

15-1-38 Fraudulent Handling of Recordable Instruments.

(A) It shall be unlawful to destroy, remove or conceal any will, deed, mortgage, security instrument, tribal resolution, any tribal record, which a law provides public recording, or to knowingly record a false or forged instrument, with the intent to deceive or injure anyone, or to conceal wrong doing.

(B) Fraudulent handling of recordable instruments shall be punishable by a fine not exceeding $5,000, or by imprisonment in the tribal jail for a term not exceeding one year or by sentence of banishment for a period not more than five years, or any combination of the above punishments. Upon a second conviction for fraudulent handling of recordable instruments, a sentence of banishment for a period not more than ten years may be imposed in addition to the punishment authorized above.

15-1-39 Tampering With Records.

(A) It shall be unlawful to falsify, destroy, remove, or conceal any writing or record, with the intent to deceive or injure anyone or to conceal any wrongdoing.

(B) Tampering with records shall be punishable by a fine not exceeding $2,500 or by imprisonment in the tribal jail for a term not exceeding six months, or by both fine and imprisonment, or by a sentence of banishment for a period not more than five years, or any combination of the above punishments. Upon a second conviction for tampering with records, a sentence of banishment for a period not more than ten years may be imposed in addition to the punishment authorized above.

15-1-40 Giving a worthless check.

(A) It shall be unlawful to give a worthless check. Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.

(B) Giving a worthless check shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year or both. Restitution shall be required.

(C) In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee: (1) Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $30 for each check, within seven days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee. As used in this section, ’notice’ includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person’s address as it appears on such check, draft or order; or (2) if a postdated date is placed on the check, order or draft without the knowledge or consent of the payee.

(D) It shall not be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based:

(1) Was postdated, unless such check, draft or order was presented for payment prior to the postdated date; or

(2) was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation, unless such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

15-1-41 Fraudulent Use of a Credit Card.

(A) It shall be unlawful to use a credit card for the purpose of obtaining property or services with knowledge that:

(1) The card was stolen,

(2) The card has been revoked or canceled, or

(3) For any other reason the use of the credit card is unauthorized by either the issuer or the person to whom the card has been issued.

(B) Fraudulent use of a credit card shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both. Restitution shall be required.

15-1-42. to 15-1-46

Reserved.

15-1-47 Deceptive Business Practices.

(A) It shall be unlawful, in the course of business, to intentionally:

(1) Use or possess for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity,

(2) Sell, offer, or expose for sale, or deliver less than the represented quality or quantity of any commodity or service,

(3) Take or attempt to take more than the represented quantity of any commodity or service when a person, as the buyer, furnishes the weight or measure,

(4) Sell, offer or expose for sale adulterated or mislabeled commodities where

(a) “adulterated” means varying from the standard of composition or quality prescribed by law or commercial usage and

(b) “mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by law or commercial usage, or

(5) Make a substantially false or misleading statement in any advertisement addressed to the public or a substantial segment thereof for the purpose of promoting the purchase or sale of property or services,

(6) Make a false or misleading written statement for the purpose of obtaining property or credit or

(7) Make a false or misleading written statement for the purpose of promoting the sales of securities, or omit information required by law to be disclosed in written documents relating to securities.

Deceptive business practice shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding six months, or both. It is an affirmative defense to deceptive business practice that the defendant’s conduct was not knowingly or recklessly deceptive. Upon a second or subsequent offense, banishment for a period of not more than ten years may be imposed in addition to the punishment authorized above.

15-1-48 Defrauding Creditors.

(A) It shall be unlawful to:

(1) Destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with the intent to hinder enforcement of that interest or

(2) Deal with property with the intent to defeat or obstruct the operation of any law relating to administration of property for the benefit of creditors; or knowingly falsify any writing or record relating to the property; or knowingly misrepresent or refuse to disclose to a person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.

Defrauding creditors shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding six months, or both.

15-1-49 Securing Execution of Documents by Deception.

(A) It shall be unlawful to intentionally and by deception cause another to execute any instrument affecting or likely to affect the pecuniary interest of any person.

Securing execution of documents by deception shall be punishable by a fine not exceeding $5,000, or by imprisonment in the tribal jail for a term not exceeding one year, or both.

15-1-50 Criminal Usury.

(A) It shall be unlawful to intentionally provide financing or make loans at a rate of interest higher that the following:

(1) If the amount to which the interest applies is less than $100 or the period of the loan or financing is less than one year, or both, the rate of the interest shall not exceed a 24% per annum simple interest rate.

(2) If the amount to which the interest applies is greater than $100 or the period of the loan or financing is greater than one year, or both, the rate of interest shall not exceed an 18% per annum simple interest rate.

Criminal usury shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding three months, or both. The victim shall be entitled to restitution for double the actual amount of interest, which was actually paid, and cancellation of all interest owing for the term of the financing.

15-1-51 Unlawful Dealing with Property by a Fiduciary.

(A) It shall be unlawful to knowingly deal with property that has been entrusted to one in a fiduciary capacity, or property of the tribal government or of a financial institution, in a manner which is known to be a violation of a fiduciary duty, or which involves a substantial risk or loss to the owner or to a person for whose benefit the property was entrusted.

As used in this section, “fiduciary” includes a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

Unlawful dealing with property by a fiduciary shall be punishable by a fine not exceeding $5,000 or by imprisonment in the tribal jail for a term not exceeding one year, or both.

15-1-52 Making a False Credit Report.

(A) It shall be unlawful to knowingly make a materially false or misleading statement to obtain property or credit for oneself or another or to keep some other person from obtaining credit.

(B) Making a false credit report shall be punishable by a fine not exceeding $1,000 or by imprisonment in the tribal jail for a term not exceeding three months, or both.