Chapter 15-4 CRIMES AGAINST PUBLIC JUSTICE

CHAPTER 15-4
CRIMES AGAINST PUBLIC JUSTICE

15-4-1 Bribery.

(A) It shall be unlawful to ask for, give, or accept any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, given with a wrongful or corrupt intent to influence unlawfully the person to whom it is given.

(B) Bribery 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 not more than five years; or any combination of the above-authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than ten years.

15-4-2 Improper Influence in Official Matters.

(A) It shall be unlawful to:

(1) Threaten unlawful harm to any person with intent to influence another’s decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official, or voter,

(2) Threaten harm to any public servant or relative of a public servant with the intent to influence a decision, opinion, recommendation, vote or other exercise of discretion in a judicial, legislative, or administrative, or administrative proceeding,

(3) Threaten harm to any public servant or official or relative of either with the intent to influence them to violate a duty,

(4) Privately address any public servant that has or will have an official discretion in a judicial or administrative proceeding and making thereby any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations clearly unauthorized by law.

(B) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office, or lacked jurisdiction, or for any other reason.

(C) Improper influence in official matters shall be punishable by a fine not to exceed $1,000 or by a term of imprisonment in the tribal jail not to exceed six months; or by banishment for not more than five years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than ten years.

15-4-3 Retaliation for Past Official Action.

(A) It shall be unlawful; to harm any person by any unlawful act in retaliation for anything lawfully done by another person in a capacity as a public servant.

(B) Retaliation for past official action 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 by banishment for not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than four years.

15-4-4 Improper Gifts to Public Servants.

(A) It shall be unlawful to knowingly confer or offer or agree to confer any benefit to a public servant with the intent to induce an exercise of their discretion in an unlawful manner, or to undermine official impartiality.

(B) This section shall not apply to:

(1) Fees prescribed by law to be received by public servants, or any benefit for which the recipient gives lawful consideration or to which the recipient is otherwise entitled,

(2) Gifts or other benefits conferred on account of kinship, traditional ceremonies, or other personal, professional or business relationship independent of the official status of the receiver or

(3) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk or undermining official impartiality.

(C) Improper gifts to public servants shall be punishable by a fine not to exceed $1,000 or by a term of imprisonment in the tribal jail not to exceed six months; or by banishment for not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.

15-4-5 Unofficial Misconduct.

(A) It shall be unlawful to exercise or attempt to exercise any of the functions of a public office when one has not been elected or appointed to office.

(B) Unofficial misconduct 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 by banishment for not more than one year; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than two years.

15-4-6 Oppression in Office.

(A) It shall be unlawful when acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, with knowledge that such conduct is illegal, to:

(1) Subject another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement or personal or property rights or

(2) Deny or impede another in the exercise or enjoyment of any right, power, or immunity.

(B) Oppression in office shall be punishable by a fine not to exceed $500 by a term of imprisonment in the tribal jail not to exceed six months; or by banishment for not more than one year; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than two years.

15-4-7 Misusing Public Money.

(A) It shall be unlawful for a person charged with the receipt, safekeeping, transfer or disbursement of public monies to:

(1) Without lawful authority appropriate the money or any portion of it to the person’s own use or the use of another,

(2) Loan the money or any portion thereof without lawful authority,

(3) Fail to keep the money in possession until lawfully disbursed or paid out according to law,

(4) Deposit the money in an unauthorized bank or with a person not lawfully authorized to receive such,

(5) Knowingly keep any false account, or make a false entry or erasure in any account of or relating to the money,

(6) Fraudulently alter, falsify, conceal, destroy, or obliterate any such account,

(7) Knowingly refuse or omit to pay over on lawful demand by competent authority any public monies in the person’s hands,

(8) Knowingly omit to transfer money when transfer is required by proper authority,

(9) Make a profit for oneself or another when not lawfully entitled to such, or in an unlawful manner, out of public monies,

(10) Fail to pay over to the proper account or authority any fines, forfeitures, or fees received by the person,

(11) Otherwise handle public money in a manner not authorized by law for the person’s own benefit or the benefit of another or

(12) Handle public money in a reckless manner as a result of which a risk of loss of such money is significant.

(B) “Public money” includes all money, bonds, and evidences of indebtedness or their equivalent, belonging to, or received or held by the Nation or any other government, or any account or money held by the Nation or government for any individual or group.

(C) Misusing public money 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 not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.

15-4-8 Perjury in the First Degree.

(A) It shall be unlawful, in any official proceeding, to make a false statement under oath or equivalent affirmation, or swear or affirm the truth of a statement previously made, when the statement is material and the person does not believe it to be true.

(B) Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law to be decided by the court.

(C) It is no defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.

(D) No person shall be guilty of an offense under this section if the person retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.

(E) No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

(F) Perjury 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 not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.

15-4-9 Perjury in the Second Degree.

(A) It shall be unlawful to, with a purpose to mislead a public servant in performing an official function:

(1) Make any written false statement which the person does not believe to be true,

(2) Purposely create a false impression in a written application for any benefit by omitting information necessary to prevent statements therein from being misleading,

(3) Submit or invite reliance on any writing which the person knows to be forged, altered or otherwise lacking in authenticity or

(4) Submit or invite reliance on any sample, specimen, map, boundary mark, or other object with the person knows to be false.

(B) A person is guilty of perjury in the second degree if the person makes a written false statement which the person does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

(E) No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

(F) Perjury 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 not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.

15-4-10 Tampering With Witnesses.

(A) It shall be unlawful:

(1) While believing that an official proceeding or investigation is pending or about to be instituted, to attempt to induce or otherwise cause a person to:

(a) testify or inform falsely,

(b) withhold any testimony, information, document or thing,

(d) be absent from any proceeding or investigation to which the person has been legally summoned,

(2) To harm another by an unlawful act in retaliation for anything done by another in their capacity as a witness or informant or

(3) To solicit, accept or agree to accept any benefit in consideration for doing any of the things specified in this section.

(B) Tampering with witnesses 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.

15-4-11 Tampering with Evidence.

(A) It shall be unlawful, while believing that an official proceeding or investigation is pending or about to be instituted, to:

(1) Alter, destroy, conceal or remove any record, document, or thing with the intent to impair its verity or availability in such proceeding or investigation or

(2) Make, present, or use any record, document, or thing knowing it to be false and with a purpose to mislead a public servant who is or may be engaged in such proceeding or investigation.

(B) Tampering with evidence 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 not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.

15-4-12 Tampering with Public Records.

(A) It shall be unlawful to:

(1) Knowingly make a false entry in, or false alteration of any record, document or thing belonging to or received or kept by, the Nation or government for information or record, or required by law to be kept by others for information of the Nation or government,

(2) Make, present or use any record, document, or thing knowing it to be false, and with the purpose that it be taken as a genuine part of information or records referred to in subsection (1) above or

(3) Purposely and unlawfully destroy, conceal, remove or otherwise impair the truth or availability of any such record, document or thing.

(B) Tampering with Public Records 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 not more than two years; or both combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less more than five years.

15-4-13 Impersonating a Public Servant.

(A) It shall be unlawful to falsely pretend to hold a position in the public service with the purpose to induce another to submit to such pretended official authority or otherwise to act in prejudicial reliance upon that pretense.

(B) Impersonating a public servant 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.

15-4-14 Obstructing Governmental Function.

(A) It shall be unlawful to:

(1) Use force, violence, intimidation, or engage in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function or

(2) Purposely obstruct, impair, or prevent the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to the flight by a person charged with crime, refusal to submit to arrest, failure to perform a duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

(B) Obstructing governmental function 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.

15-4-15. to 15-4-25

Reserved.

15-4-26 False Arrest.

(A) It shall be unlawful for any public officer or person pretending to be a public officer to, under the pretense or color of any process or other legal authority, arrest or detain any person against the person’s will, except where such person reasonably believes there is authorization by law to do so.

(B) False arrest 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.

15-4-27 Refusing to Aid an Officer.

(A) It shall be unlawful to knowingly or recklessly refuse to aid a law enforcement officer or fireman in the performance of their official duties when called upon by the officer to do so.

(B) Refusing to aid an officer shall be punished by a fine not to exceed $250 or by a term of imprisonment in the tribal jail not to exceed three months, or both.

15-4-28 Obstruction of Justice.

(A) It shall be unlawful with the purpose to hinder the apprehension, prosecution, conviction or punishment of any person for the commission of an offense to:

(1) Harbor or conceal another person,

(2) Provide or aid in providing a weapon, transportation, disguise or any other means of avoiding apprehension or promoting escape,

(3) Conceal or destroy evidence of an offense, or tamper with a witness, informant, document or other source of information, regardless of its admissibility in evidence,

(4) Warn another person of impending discovery or apprehension, except if such warning is given in an attempt to get the other person to comply with the law,

(5) Provide false information to a law enforcement officer for the purpose of preventing the apprehension of oneself or another, or

(6) Obstruct by force, threat, bribery or deception anyone from performing any act that might aid in the discovery, apprehension, prosecution or conviction of oneself or another.

(B) Obstruction of justice 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, unless the offender or the recipient of any of the above aid has been previously sentenced to banishment, in which case a conviction under this section may result in both parties being banished for a term equal to one half of the original sentence of banishment, plus a fine up to $500.00.

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

15-4-29 Providing Contraband.

(A) It shall be unlawful to provide any person in official detention with alcoholic beverages, drugs, weapons, implements of escape, or any other thing or substance which the actor knows is improper or unlawful for the detainee to possess.

(B) Providing contraband 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.

15-4-30 Resisting Lawful Arrest.

(A) It shall be unlawful to create a substantial risk of bodily harm to anyone or employ means of resistance justifying or requiring force to overcome the resistance for the purpose of preventing a law enforcement officer from making an arrest or detention of the person or of any other person.

(B) Resisting lawful arrest 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.

15-4-31 Escape.

(A) It shall be unlawful to:

(1) Remove oneself from official detention or fail to return to official detention following temporary leave granted for a specified purpose or period,

(2) Knowingly procure, make, or possess anything which may facilitate escape while being held in official detention,

(3) Aid another person to escape official detention,

(4) Knowingly provide a person in official detention with anything which may facilitate an escape.

(B) “Official detention” means arrest, detention in any facility for custody of a person under charge or conviction of a crime; or any other detention for law enforcement purposes; but “official detention” does not include supervision of probation or parole, or constraint incident to release on bail.

(C) Escape 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.

15-4-32 Bail Jumping.

(A) It shall be unlawful to fail without just cause to appear in person after having been released on bail or on recognizance by court order or other lawful authority upon condition that the person subsequently appear on a charge of an offense.

(B) Bail jumping 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.

15-4-33 Failure to Obey a Lawful Order of the Court.

(A) It shall be unlawful to purposely or knowingly fail to obey an order, subpoena, warrant or command duly made, issued, or given by a court of the Nation or any officer thereof or otherwise issued according to law without just cause.

(B) Any domestic violence protection order issued by a State or Indian tribe that is consistent with this subsection shall be accorded full faith and credit by the Prairie Band Potawatomi Nation and enforced as if it were the order of the Prairie Band Potawatomi Nation.

(1) A domestic violence protection order issued by a State or Tribal Court is consistent with this subsection if:

(a) such Court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and

(b) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex-parte orders, notice and opportunity to be heard must be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued sufficient to protect the person’s due process rights.

(2) Mutual protection orders that are not entitled to full faith and credit under this section are limited to::

(a) Mutual protection orders in which a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order; or.

(b) Mutual protection orders in which the original defendant did not file a cross or counter petition, complaint or other written pleading seeking such a protection order.

(1) occurs in the Nation’s Territory as defined in Section 1-1-1 of the Nation’s Law and Order Code; and

(2) violates a provision of a protection order that—

(a) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person;

(b) was issued against the defendant;

(d) is consistent with section 2265(b) of title 18, U.S. Code - Full faith and credit given to protection orders.

(D) This section shall not apply to a failure to appear as a party in a civil action where Default or a similar remedy is available to the other party.

(E) Failure to obey a lawful order of the court 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.

(Amended by PBP TC No. 2008-166, July 17, 2008; amended by PBP TC No. 2023-276, September 21, 2023)

15-4-34 Unlawful Return of Banished Persons.

(A) It shall be unlawful for any person under sentence of banishment during the term of such banishment, to:

(1) Physically return to the territorial jurisdiction of the Nation except while actually traveling upon a public highway, or as allowed by law, or

(2) To apply for or attempt to claim any right, privilege or immunity by virtue of membership in the Nation be except as provided by law.

(B) Unlawful return of Banished personal shall be punishable by a fine of $5,000 and by imprisonment in the tribal jail for a term not exceeding six months, and by banishment for a term equal to the original term of banishment which was violated.

(C) In addition, any personal property of every kind and description which the banished person brought with him or her or used to return to the tribal jurisdiction shall be contraband and forfeited to the Nation, by civil forfeiture provided, that if any of said property belongs to another, that person, if known, shall be served with civil process, as in forfeiture proceedings and may defend by showing that the banished person did not have permission to use or possess the property or to enter the tribal jurisdiction with that property.

15-4-35 Aiding Return of Banished Persons.

(A) It shall be unlawful for any person to aid, abet, or assist a person under sentence of banishment to:

(1) Physically return to the territorial jurisdiction of the Nation except while actually traveling upon a public highway, or as allowed by law or

(2) Apply for or attempt to claim any right, privilege, or immunity by virtue of membership in the Nation except as allowed by law.

(B) Aiding return of banished persons shall be punishable by a fine of $2,500 and by imprisonment in the tribal jail for a term not exceeding six months, and by banishment for a term equal to the original term of banishment which was violated.

15-4-36. to 15-4-39

Reserved.

15-4-40 False Alarms.

(A) It shall be unlawful to knowingly:

(1) Cause a false alarm or alarm of other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property,

(2) Give false information to any law enforcement officer with the purpose to implicate another in an offense,

(3) Report to law enforcement authorities an offense or other incident with their concern and knowing or believing that it did not occur,

(4) Pretend to furnish law enforcement authorities with information relating to an offense or incident when the person knows no information relating to such offense or incident or

(5) Give a false name or address to a law enforcement officer in the lawful discharge of the officer’s official duties.

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

15-4-41 Doing Business without a License.

(A) It shall be unlawful to commence or carry on any business, trade, profession, or calling the transaction or carrying on of which is required by law to be licensed, without having an appropriate license.

(B) Doing business without a license shall be punishable by a fine not to exceed $5,000 or by a term of imprisonment in the tribal jail not to exceed three months, or both.

15-4-42 Tampering with Public Property.

(A) It shall be unlawful to:

(1) Steal, deface, mutilate, alter, falsify, or remove all or part of any record, map, book, document or thing, or any court documents or records, placed or filed in any public office, or with any public officer, or to permit another to do so,

(2) Knowingly injure, deface or remove any signal, monument or other federal marker placed or erected as part of an official survey of the Nation or federal government without authority to do so or

(3) Intentionally deface, obliterate, tear down, or destroy any copy or transcript or extract from any law or any proclamation, advertisement, or notice set up or displayed by any public officer or court, without authority to do so and before the expiration of the time for which the same was to remain set up.

(B) Tampering with public property shall be punishable by a fine not to exceed $250 or by a term of imprisonment in the tribal jail not to exceed three months, or both.

15-4-43 Injuring Public Property.

(A) It shall be unlawful to:

(1) Intentionally break down, pull down or otherwise injure or destroy any jail or other place of confinement,

(2) Intentionally and without authority dig up, remove, displace or otherwise injure and destroy any public roadway highway or bridge or private road or bridge or other public building or structure,

(3) Remove or injure any milepost, guidepost or road or highway sign or marker or any inscription on them while such is erected along a road or highway or

(4) Knowingly and without authority to do so, remove, injure, deface, or destroy any public building or structure, or any personal property belonging to the Nation or to any other government or government agency.

(B) Injuring public property 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.

15-4-44. to 15-4-50

Reserved.

15-4-51 Compensation for Past Official Behavior.

(A) It shall be unlawful to solicit accept or agree to accept any financial benefit as compensation for having, as a public servant, given a decision, opinion, recommendation or vote favorable to another, or for having otherwise exercised a discretion in another’s favor, or for having violated a duty; or offer, confer or agree to confer compensation acceptance of which is prohibited by this section.

(B) Compensation for past official behavior 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 by banishment for not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.

15-4-52 Official Unlawful Action.

(A) It shall be unlawful, being a public servant, and with the intent to materially benefit the servant or another or to harm another, to:

(1) Knowingly commit an unauthorized act which purports to be an act of office, or knowingly refrain from performing a non-discretionary duty imposed by law or

(2) Knowing that official action is contemplated or in reliance on information which was acquired by virtue of the office or from another public servant, which information has not been made public, the servant:

(a) acquires or divests of a valuable interest in any property, transaction, or enterprise which may be affected by such action or information or

(b) speculates or wagers on the basis of such action or information, or knowingly aids another to do any of the foregoing.

(B) Official unlawful action 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 not more than two years; or any combination of the above authorized punishments. For a second conviction under this section, banishment may be imposed for not more than five years.

15-4-53 Special Influence.

(A) It shall be unlawful to solicit, receive, or agree to receive any financial benefit as consideration for exerting special unlawful influence upon a public servant, in order to influence that public servant to violate the law or to exercise discretion in a particular fashion or procuring another to do so; or to offer, confer or agree to confer any financial benefit receipt of which is prohibited by this section.

(B) Special influence 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 not more than two years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not more than five years.