Chapter 15-2 CRIMES AGAINST PERSONS

CHAPTER 15-2
CRIMES AGAINST PERSONS

15-2-1 Assault in the First Degree.

(A) It shall be unlawful to wrongfully, purposely, knowingly, or recklessly under circumstances manifesting indifference to the value of human life, to:

(1) Attempt to cause or cause serious bodily injury to another or

(2) To use a deadly weapon with the intent to cause serious bodily injury, or with the intent to put a person in fear of imminent serious bodily injury with the apparent ability to do so.

(B) Assault in the first degree shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or banishment for not more than ten years or any combination of the above punishments.

15-2-2 Assault in the Second Degree.

(A) It shall be unlawful to wrongfully, purposely, knowingly, or recklessly:

(1) Attempt to cause or cause bodily injury to another,

(2) Negligently cause bodily injury to another with a weapon,

(3) Attempt by a show of force or violence to put another in fear of imminent bodily injury with the apparent ability to do so or

(4) Recklessly endanger another by an act or omission to act which threatens to cause serious bodily injury to another, whether or not such harm actually occurs.

(B) Assault in the second degree shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or both.

15-2-3 Mayhem.

(A) It shall be unlawful to wrongfully, purposely, or knowingly deprive a human being of a member of the body or render it useless, or to cut out or disable the tongue, put out an eye or eyes, or slit the nose, ear or lip of another.

(B) Mayhem shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or banishment for a term not more than life or any combination of the above punishments.

15-2-4 Verbal or Written Assault.

(A) It shall be unlawful to threaten verbally or in writing to commit any offense involving violence with apparent ability to do so:

(1) With intent to terrorize another or place such other in fear of imminent serious bodily injury or

(2) To cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience.

(B) Verbal or written assault shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or both.

(Amended by PBP TC No. 2023-276, September 21, 2023)

15-2-5 Assault of Tribal Justice Personnel.

(A) The use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or duties of that individual in—

(1) preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime;

(2) adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime;

(3) detaining, providing supervision for, or providing services for persons charged with a covered crime; or

(4) incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime.

(B) Assault of Tribal Justice Personnel shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or banishment for not more than ten years or any combination of the above punishments.

(Amended by PBP TC No. 2023-276, September 21, 2023)

15-2-6 Definitions; Child Violence; Privileges Not Available; Penalties

(A) Definitions. For the purposes of this Section, the following definitions shall apply.

(1) “Serious bodily injury” means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(2) “Sexual abuse” means engaging in sexual contact with a child as those terms are defined in 15-2-34(B) herein.

(B) A person commits child violence if he or she threatens, attempts, or recklessly, intentionally or negligently causes or permits an individual under the age of eighteen (18) years of age to be:

(1) Placed in a situation that endangers his or her life or physical or mental health;

(2) Cruelly confined or cruelly punished;

(3) Deprived of necessary food, clothing, shelter, or care;

(4) Placed in a situation to be sexually exploited by allowing, encouraging, or forcing such minor child to solicit for or engage in sex trafficking, prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions; or

(5) Placed in a situation to be sexually abused as defined by this section.

(1) The offense of Child Violence shall be punishable by a fine not to exceed $5,000 or a term of imprisonment up to three (3) years, or both.

(Amended by PBP TC No. 2014-089, March 27, 2014; amended by PBP TC No. 2023-276, September 21, 2023)

15-2-7. to 15-2-10.

Reserved.

15-2-11 Homicide in the First Degree.

(A) It shall be unlawful to:

(1) Purposely, knowingly and wrongfully with malice aforethought cause the death of another human being or

(2) Cause the death of another human being due to the commission or attempted commission of a felony or offense punishable by banishment.

Homicide in the first degree shall be punishable by a fine of $5,000, or by a term of imprisonment in the tribal jail not to exceed one year; or by banishment for a period not more than life; or any combination of the above.

15-2-12 Homicide in the Second Degree.

(A) It shall be unlawful to:

(1) Recklessly or negligently with disregard of the possible consequence of ones conduct to cause the death of another human being.

(2) Cause the death of another human being by operating a motor vehicle in a reckless, negligent, or careless manner, or while under the influence of an alcoholic beverage, intoxicating liquor, a controlled substance, or any drug, to a degree which renders the person incapable of safely driving a vehicle.

(a) A blood alcohol content in excess of .08 shall create a rebutable presumption that the person was under the influence of an alcoholic beverage.

(b) For purposes of this section, a motor vehicle is any self-propelled vehicle and includes, but is not limited to, any automobile, truck, van, motorcycle, train, engine, watercraft, aircraft or snowmobile.

(3) Cause the death of a human being due to the commission of any criminal offense.

(B) Homicide in the second degree shall be punishable by a fine of $5,000 or by term of imprisonment in the tribal jail not to exceed one year, or by banishment for a period not more than twenty years; or any combination of the above.

15-2-13 Causing a Suicide.

(A) It shall be unlawful to intentionally cause a suicide by force, duress, or deception.

(B) Causing a suicide shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or by banishment for a period of not more than ten years or any combination of the above.

15-2-14 Aiding or Soliciting a Suicide.

(A) It shall be unlawful to intentionally aid or solicit another to attempt or commit suicide.

(B) Punishment:

(1) Aiding or soliciting a suicide shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or both, if the defendant’s conduct has actually caused or contributed substantially to a suicide, or attempted suicide.

(2) Otherwise, aiding or soliciting a suicide is punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed six months, or both.

15-2-15 Threats against Tribal Councilpersons, Tribal Gaming Commissioners and Tribal Judges.

Whoever knowingly and willfully deposits for conveyance in the mail or for delivery from any post office or tribal office or by any letter carrier or by electronic form any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon a Tribal Councilperson and/or Tribal Gaming Commissioner and/or Tribal Judge or otherwise knowingly and willfully makes any such written or oral threat against a Tribal Councilperson or Tribal Gaming Commissioner or Tribal Judge shall be fined up to $1,000 under this title, or imprisoned not more than one year, or banished from the Reservation, or any combination thereof.

The “willfulness” requirement of this section requires only that defendant intentionally make a written or oral statement under such circumstances that a reasonable person would foresee that the statement would be interpreted as a serious expression of intention, and not mere hyperbole or jest, to take the life of or injure the Tribal Councilperson or Gaming Commissioner or Tribal Judge and this section does not require that defendant actually intend to carry out the threat. A threat is “knowingly” made if the maker comprehends the meaning of the words used, and “willfully” made if, in addition to comprehending their meaning, he/she voluntarily and intentionally utters them as the declaration of an apparent determination to carry them into execution.

15-2-16 to 15-2-20.

Reserved.

15-2-21 Kidnapping.

(A) It shall be unlawful to intentionally and wrongfully remove another from a place of residence, business, or from the vicinity where the person is found, or to unlawfully confine or conceal another for a substantial period, with any of the following purposes:

(1) To hold for ransom or reward, or as a shield or hostage,

(2) To facilitate the commission of any offense or flight thereafter,

(3) To inflict bodily injury on or to terrorize the victim or another or

(4) To interfere with the performance of any tribal governmental or political function.

(B) A removal, restraint, or confinement is wrongful within the meaning of this Code if it is accomplished by force, threat or deception, or, in the case of a person under the age of fourteen or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of the minor’s or incompetent’s welfare.

(C) Kidnapping shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year; or by banishment for a period not more than ten years if the kidnapping resulted in bodily injury; or by banishment for a period not more than life in the case of a second or subsequent conviction for kidnapping or if death resulted; or any combination of the above.

15-2-22 False Imprisonment.

(A) It shall be unlawful to knowingly and wrongfully restrain or imprison another so as to interfere with the person’s liberty.

(B) False imprisonment shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed six months, or both, unless the detention occurs under circumstances which expose the victim to a risk of serious bodily injury, in which case the offense shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or both.

15-2-23 Custodial Interference.

(A) It shall be unlawful to wrongfully:

(1) Take, entice, conceal, or detain a child under the age of sixteen from a parent, guardian or other lawful custodian, knowing that there is no legal right to do so, and

(a) with the intent to hold the child for period substantially longer that any visitation or custody period previously awarded by a court of competent jurisdiction or

(b) with the intent to deprive another person of their lawful visitation or custody rights; or

(2) Intentionally take, entice or detain 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, without good cause and with knowledge that there is no legal right to do so.

(B) Custodial interference shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed six months or both.

15-2-24 Criminal Coercion.

(A) It shall be unlawful to intentionally and wrongfully detrimentally restrict another’s freedom of action by threatening to:

(1) Commit any criminal offense,

(2) Accuse anyone wrongfully of a criminal offense,

(3) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair the person’s credit or business reputation, or

(4) Unlawfully take or withhold action as an official, or cause an official to take or withhold action.

(B) It is an affirmative defense to prosecution based on this section, except for subsection (1) above, that the actor believed the accusation or secret to be true or the proposed official action justified and that the actor’s purpose was limited to compelling the other in a lawful manner to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure, or proposed official action; for example, as by refraining from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.

(C) Criminal coercion shall be punishable by a fine not to exceed $2,500 or by a term of imprisonment in the tribal jail not to exceed six months, or both.

15-2-25. to 15-2-30

Reserved.

15-2-31 Rape in the First Degree.

(A) It shall be unlawful to intentionally:

(1) Compel another to submit to sexual intercourse by force or by the threat of imminent death, serious bodily injury, extreme pain, or kidnapping to be inflicted on that person or anyone else or

(2) Engage in sexual intercourse with a person under the age of fourteen, regardless of consent.

(B) Rape in the first degree shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year; or by banishment for a period not more than life; or any combination of the above.

15-2-32 Rape in the Second Degree.

(A) It shall be unlawful to intentionally:

(1) Compel another to submit to sexual intercourse by any threat that would prevent resistance by a person of ordinary resolution,

(2) Engage in sexual intercourse with another whose power to appraise or control their conduct has been substantially impaired by the administration or employment of drugs or other intoxicants, without their knowledge, and for the purpose of preventing resistance,

(3) Engage in sexual intercourse with a person with the knowledge that the person suffers from a mental disease or defect which renders that person incapable of appraising the nature of their conduct,

(4) Engage in sexual intercourse with a person who is unconscious or with a person who is unaware, or with a person who submits because they falsely suppose that the person is their spouse or

(5) Engage in sexual intercourse with a person under the age of sixteen but over the age of fourteen, regardless of consent, the perpetrator being at least four years older than the victim.

(B) Rape in the second degree shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or by banishment for period not more than five years; or any combination of the above.

15-2-33 Deviate Sexual Intercourse.

(A) It shall be unlawful to engage in deviate sexual intercourse, defined as anal sexual intercourse between human beings or any form of sexual intercourse with an animal, and it shall be unlawful to cause another to engage in deviate sexual intercourse if:

(1) That person is compelled to participate by any threat that would prevent resistance by a person of ordinary resolution,

(2) That person is compelled to participate by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone,

(3) The other person’s power to appraise or control his or her conduct has been substantially impaired by the administration or employment of drugs or other intoxicants, without such other person’s knowledge, and for the purpose of preventing resistance or

(4) The offender has knowledge that the other person suffers from a mental disease or defect which renders the person incapable of appraising the nature of this conduct or the offender has knowledge that the other person is unconscious or submits because the other person is unaware that a sexual act is being committed.

(B) Deviate sexual intercourse shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or both.

15-2-34 Sexual Violence

(A) It shall be unlawful to intentionally, wrongfully, and without consent subject another to any sexual contact,

(1) With knowledge that the conduct is offensive to the other person,

(2) With knowledge that the other person suffers from a mental disease or defect which renders the other person incapable of appraising the nature of his or her conduct,

(3) With knowledge that the other person is unaware that a sexual act is being committed,

(4) After having substantially impaired the other person’s power to appraise or control conduct by administering or employing without the other’s knowledge drugs, intoxicants, or other means for the purpose of preventing resistance,

(5) If that person is less than fourteen years old regardless of consent,

(6) If that person is less than sixteen years old and the actor is at least four years older than the person regardless of consent,

(7) If that person is less than twenty-one years old and the actor is the person’s parent, guardian or otherwise responsible for general supervision of the person’s welfare regardless of consent or

(8) If that person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the person regardless of consent.

(B) Sexual contact is any touching of the sexual or other intimate parts of the person of another or otherwise taking indecent liberties with another for the purpose of arousing and gratifying sexual desire of either party.

(C) Sexual violence shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or both.

(Amended by PBP TC No. 2023-276, September 21, 2023)

15-2-35 Dating and Domestic Violence.

(A) It shall be unlawful to intentionally or recklessly cause or attempt to cause the following to a family member, household member, dating partner, spouse or intimate partner:

(1) physical harm,

(2) reasonable fear of imminent physical harm,

(3) substantial emotional distress or

(4) non-consensual sexual contact by use of force, threats or duress.

(B) Definitions

(1) Dating Violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(2) Domestic violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by:

(a) a current or former spouse or intimate partner of the victim;

(b) a person with whom the victim shares a child in common;

(d) a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.

(3) Dating partner means a person who is or has been in a social relationship of a romantic or intimate nature. The existence of such a relationship is based on a consideration of:

(a) the length of the relationship; and

(b) the type of relationship; and

(4) Family or household member means persons 18 years or older who are spouses or former spouses, persons who presently live together and persons who have or are expecting a child together.

(5) Spouse or intimate partner means:

(a) a spouse or former spouse;

(b) a person who shares a child in common;

(d) a person who is or has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship; or

(e) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides.

(6) Substantial emotional distress includes but is not limited to fear of serious harm arising from intimidation, threats to damage property, or treats to harm any household or family member.

(7) Sexual contact is any touching of the sexual or other intimate parts of the person of another or otherwise taking indecent liberties with another for the purpose of arousing and gratifying sexual desire of either party.

(8) For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:

(a) “Conviction” includes being convicted of a violation of this section and any diversion for charges of violation of this section;

(b) “Conviction includes being convicted of a violation of a law of another state or Indian nation, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits.

(1) A person who is convicted of a first offence of a violation of dating or domestic violence shall be sentenced to not less than 10 days but not to exceed one year’s imprisonment and fined not less than $200 nor more than $5,000, as well as payment of restitution where appropriate undergo a domestic violence offender assessment conducted by a certified barrier intervention program; and follow all recommendations made by the assessment unless otherwise ordered by the Court.

(a) In a first conviction of a violation of dating or domestic violence, the Court may suspend imposition of fines and imprisonment and place the defendant on probation for not less than 90 days nor more than one year with an order that the defendant pay restitution where appropriate and undergo a domestic violence offender assessment conducted by a certified batterer intervention program; and follow all recommendations made by the assessment unless otherwise ordered by the Court

(2) If within five years immediately preceding commission of the crime, a conviction of a violation of dating or domestic violence occurs a second time, a person shall be sentenced to not less than 60 days nor more than one year with mandatory five days imprisonment and fined not less than $500 nor more than $5,000, as well as undergo a domestic violence offender assessment conducted by a certified batterer intervention program; and follow all recommendations made by the assessment unless otherwise ordered by the Court and payment of restitution where appropriate. The five day imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.

(3) If within five years immediately preceding commission of the crime, a conviction of a violation of dating or domestic violence occurs a third time, a person shall be sentenced to not less than 90 days nor more than one year with mandatory five days imprisonment and fined no less than $1000 but not to exceed $5,000, and by a term of imprisonment not less than 90 days but not to exceed one year, as well as undergo a domestic violence offender assessment conducted by a certified batterer intervention program; and follow all recommendations made by the assessment unless otherwise ordered by the Court and payment of restitution where appropriate. The five days imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in work release program.

(Amended by PBP TC No. 2007-179, October 9, 2007; amended by PBP TC No. 2023-276, September 21, 2023)

15-2-36 Stalking.

(A) It shall be unlawful to intentionally, maliciously and repeatedly follow or harass another person and make a credible threat verbally or by action that:

(1) places such person in reasonable fear for the person’s safety or safety of others; or

(2) causes such person to suffer substantial emotional distress.

(B) Stalking shall be punishable by a fine of not more than $5,000 or a term of imprisonment in the tribal jail not to exceed one year, or both.

(Amended by PBP TC No. 2007-179, October 9, 2007; amended by PBP TC No. 2023-276, September 21, 2023)

15-2-37 Possession and/or Use of Alcoholic Beverage.

(A) It shall be unlawful to possess, use, sell or distribute any alcoholic beverage while a the Prairie People’s Park, the ball parks near Housing Cluster 3 and the old one on 150th Road, the Youth Center at 15424 K Rd, the Government Center, the Bingo Hall, the Nation Station or at or on the grounds of any tribal government building or land that is owned legally or beneficially in its entirety by tribal government, or land that is leased or possessed by the Tribal Government. Nothing in this section shall prohibit consumption at a private residence or on the trust land where the casino facility is located.

(Amended by PBP TC No. 2006-108, June 2, 2007)

15-2-38. to 15-2-40.

Reserved.

15-2-41 Robbery.

(A) It shall be unlawful to take anything of value from the person of another or from the immediate control of another by use of force or violence, with the intent to permanently deprive the owner thereof.

(B) Robbery shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year; or, when any person is seriously injured as a result of a violation of this section, banishment for a period not more than five years may be imposed.

15-2-42 Sex Trafficking.

(A) It shall be unlawful for whoever knowingly:

(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or

(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing, or, except where the act constituting the violation of paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (B)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act.

(B) In this section:

(1) The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.

(2) The term “coercion” means—

(a) threats of serious harm to or physical restraint against any person;

(b) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The term “commercial sex act” means any sex act, on account of which anything of value is given to or received by any person.

(4) The term “participation in a venture” means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1).

(5) The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm.

(6) The term “venture” means any group of two or more individuals associated in fact, whether or not a legal entity.

(C) Sex Trafficking shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year; or by banishment for a period not more than life; or any combination of the above.

(Enacted by PBP TC No. 2023-276, September 21, 2023)

15-2-43 Mistreatment of a dependent adult; mistreatment of an elder person

(A) It shall be unlawful to knowingly, physically or mentally abuse or neglect a dependent adult or elder person.

(B) As used in this section:

(1) “Abuse” means:

(a) An intentional or negligent infliction of bodily injury, unreasonable confinement, intimidation, emotional abuse or cruel punishment of an elder person or dependent adult which results in physical pain or mental anguish,

(b) The deprivation of food, shelter, clothing, or services necessary to maintain the physical, mental, or spiritual health of a person.

(c) Sexual abuse, which is physical contact without consent of an elder person or dependent adult with the intent to derive sexual gratification by the person making contact. Consent may not be obtained by threat, coercion, intimidation, or fraud; and

(d) Exploitation, which is improper or unauthorized use of an elder person or dependent adult’s funds, property or other resources. A failure to use an elder person or dependent adult’s funds, property or resources as the elder person or dependent adult’s desires or for their benefit shall be deemed exploitation.

(e) Abuse may be inflicted by relatives, acquaintances, caretakers or anyone else who comes into contact with an elder person or dependent adult.

(2) “Caretaker” means

(a) A person who is required by Tribal, State, or Federal law or Tribal custom to provide services or resources to an elder person or dependent adult;

(b) A person who volunteers to provide services or resources to an elder person or dependent adult; or

(c) An institution or agency and its employees who are required by Tribal, State, or Federal law, Tribal custom or through any other agreement to provide services or resources to an elder person or dependent adult.

(3) “Dependent adult” means a person who exceeds the age of eighteen (18) and is unable to protect themselves from abuse, neglect, or exploitation. This includes the inability of the person to make responsible decisions for himself or herself because of mental illness or deficiency, physical disability or illness, age, or chronic use of alcohol or drugs.

(4) “Elder person” means any person who is fifty-five (55) years of age or older.

(5) Neglect is a failure to provide for the basic needs of an elder person or dependent adult:

(a) Interfering with delivery of necessary resources and services which are reasonably necessary to ensure safety and well-being, spiritual wellness and to avoid physical or mental harm or illness;

(b) Failing to report abuse of an elder person or dependent adult; or

(c) Failing to provide an elder person or dependent adult with services or resources to aid in the practice of religion, tradition or custom.

(C) Mistreatment of a dependent adult, or; mistreatment of an elder person shall be punished by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed one year, or by banishment for a period not more than life, or any combination of the above.

(Enacted by PBP TC No. 2023-276, September 21, 2023)