Tribal Code - Cherokee Nation; National Indian Law Library, Native American Rights Fund (NARF)

Tribal Code - Cherokee Nation; National Indian Law Library, Native American Rights Fund (NARF)

Tribal Law Gateway | Cherokee Nation | Tribal Code

Cherokee Nation - Tribal Code

Published: 2014

An unnanotated version of the code is published at the tribal Attorney General's website and at the tribal court's website (see CNCA- Searchable PDF in left-hand column).

Table of Contents

Table of Contents

Principal Chief’s Foreword

Speaker of the Council’s Foreword

Attorney General’s Foreword

Officials of the Cherokee Nation

Publisher’s Preface

Cite This Code

Act of Union Between the Eastern and Western Cherokees

Constitution of the Cherokee 1839

Constitution of 1839

Article I

Article II

Article III

Article IV

Article V

Article VI

Constitution of the Cherokee Nation of Oklahoma 1975

Preamble

Article I. Federal Relationship

Article II. Bill of Rights

Article III. Membership

Article IV. Distribution of Powers

Article V. Legislative

Article VI. Executive

Article VII. Judicial

Article VIII. Cabinet

Article IX. Election

Article X. Fiscal

Article XI. Removal From Office

Article XII. Employee Rights

Article XIII. Oath

Article XIV

Article XV. Initiative, Referendum and Amendment

Article XVI. Supersedes Old Constitution 1839

Article XVII. Seat of Government

Article XVIII. Adoption

Constitution of the Cherokee Nation 1999

Preamble

Article I. Federal Relationship

Article II. Territorial Jurisdiction

Article III. Bill of Rights

Article IV. Citizenship

Article V. Distribution of Powers

Article VI. Legislative

Article VII. Executive

Article VIII. Judicial

Article IX. Election

Article X. Fiscal

Article XI. Removal From Office

Article XII. Employee Rights

Article XIII. Oath

Article XIV. Clans

Article XV. Initiative, Referendum and Amendment

Article XVI. Supersedes Constitutions of 1839 and 1976

Article XVII. Seat of Government

Article XVIII. Adoption

Title 1. Administrative Procedure

CHAPTER 1 GENERAL PROVISIONS

§ 101. Short title

§ 102. Definitions

CHAPTER 2 DECLARATIONS BY AGENCY

§ 201. [Agency declarations]

CHAPTER 3 PROCEDURAL RULES

§ 300. Required procedures

§ 301. Current rulemaking docket

§ 302. Agency record in rulemaking proceeding

§ 303. Advice on possible rules before notice of proposed rule adoption

§ 304. Notice of proposed rule adoption

§ 305. Public participation

§ 306. Emergency rules

§ 307. Required rulemaking

§ 308. Contents of rule

§ 309. Concise explanatory statement

§ 310. Incorporation by reference

§ 311. Compliance, time limitation and effect

§ 312. Declaratory judgment

CHAPTER 4 ADJUDICATION

§ 401. When Chapter 4 applies—Disputed cases

§ 402. Presiding officers

§ 403. Disputed case procedure

§ 404. Notice

§ 405. Informal adjudication in disputed cases

§ 406. Informal adjudication procedure

§ 407. Emergency adjudication

§ 408. Ex parte communications

§ 409. Intervention

§ 410. Subpoenas

§ 411. Discovery

§ 412. Conversion

§ 413. Default

§ 414. Licenses

§ 415. Orders—Initial and final

§ 416. Agency review of initial orders

§ 417. Reconsideration

§ 418. Stay

§ 419. Availability of orders—Index

§ 420. Agency record in disputed case

CHAPTER 5 JUDICIAL REVIEW

§ 501. Judicial review generally

§ 502. Review of agency action other than order

§ 503. Rules of procedure

§ 504. Time for seeking judicial review of agency action

§ 505. Stays pending appeal

§ 506. Standing

§ 507. Exhaustion of administrative remedies

§ 508. Agency record on judicial review

§ 509. Scope of review—Grounds for invalidity

Title 2. Agriculture and Animals

Reserved for Future Use

Title 3. Aircraft and Airports

Reserved for Future Use

Title 4. Amusements and Sports

CHAPTER 1 GENERAL PROVISIONS

§ 1. Short title

§ 2. Purpose

§ 3. Legislative history

§ 4. Definitions

§ 5. Protection of the environment, public health and safety

§ 6. Words and terms

§ 7. Provisions as cumulative

§ 8. Severability

§ 9. Self-help contributions

§ 10. Sovereign immunity

§ 11. Emergency declared

§§ 12 to 19. Reserved

CHAPTER 2 GAMING COMMISSION ADMINISTRATION AND ENFORCEMENT PROCEDURES

§ 20. Establishment of Cherokee Nation Gaming Commission

§ 21. Membership

§ 22. Powers and duties of the Gaming Commission

§ 23. Restrictions on commissioners

§ 24. Financial interest

§ 25. Limitations; recommendations

§ 26. Budget and compensation

§ 27. Authorization of gaming

§ 28. Prohibited acts

§ 29. Reserved

CHAPTER 3 LICENSING

§ 30. License required for gaming facilities

§ 31. Classes and fees

§ 32. Charitable gaming

§ 33. Class I gaming

§ 34. Class II gaming license

§ 35. Class III gaming license

§ 36. Facility license

§ 37. Vendor licensing

§ 38. Use of gaming revenue

§ 39. Reserved

CHAPTER 4 RULES OF OPERATION AND GENERAL ACCOUNTABILITY

§ 40. Records, returns and audits

§ 41. Certification of gaming systems and equipment

§ 42. Age limit for all gaming

§ 43. Oversight of fiscal affairs

§ 44. Prohibition against embezzlement

§§ 45 to 49. Reserved

CHAPTER 5 LICENSING PROCEDURES FOR AND BACKGROUND INVESTIGATIONS OF KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

§ 50. Gaming permits and licenses—Generally

§ 51. Standard for licenses and permits

§ 52. Application forms

§ 53. Background investigations

§ 54. Continuing duty to provide information

§ 55. Terms and parameters of licenses and permits

§ 56. Eligibility determination

§ 57. Federal review of gaming applicants

§ 58. Granting a gaming license or permit

§ 59. Preliminary determination and license suspension

CHAPTER 6 HEARINGS AND APPEALS

§ 60. Scope

§ 61. Opportunities for hearing

§ 62. Hearing

§ 63. Appearance through counsel

§ 64. Hearing procedures

§ 65. Determinations by the Commission

§ 66. Request for re–hearing

§ 67. Appeals

§ 68. Finality of Gaming Commission or Cherokee Nation District Court action

§ 69. Reserved

Title 5. Attorneys

CHAPTER 1 PRACTICING BEFORE CHEROKEE NATION COURTS

§ 1. Membership in Cherokee Nation Bar required to practice before Cherokee Nation

Courts—Qualifications for membership

§ 2. Oath required

§ 3. Removal of attorney

§ 4. Granting special permission to appear before the Court

§ 5. Choice of counsel

§ 6. Judge shall not appear as counsel

Title 6. Banks and Trust Companies

Reserved for Future Use

Title 7. Blind Persons

Reserved for Future Use

Title 8. Cemeteries

CHAPTER 1 CEMETERIES PRESERVATION

§ 1. Short title

§ 2. Purpose

§ 3. Definitions

§ 4. Appropriation—Advocate/coordinator—Policies and procedures

Title 9. Census

Reserved for Future Use

Title 10. Children

CHAPTER 1 GENERAL PROVISIONS

§ 1. Purpose

§ 1.2. Application of Title

§ 1.3. Presumption of legitimacy

§ 1.4. Children deemed legitimate

§ 2. Children born after dissolution of marriage or before wedlock

§ 3. Reserved

§ 4. Support and education

§ 5. Grandparental visitation rights

§ 5.1. Death of custodial parent—Custody of child

§ 5.2. Certain information and records to be available to both custodial and noncustodial

parent

§ 6. Custody of child born out of wedlock

§ 6.5. Use of certain words in reference to children born out of wedlock prohibited

§ 7. Allowance out of child's property for support and education

§ 8. Parent without control over child's property

§ 9. Abuse of parental authority—Civil action

§ 10. Cessation of parent's authority

§ 11. Public action for support of deceased parent's child

§ 12. Reserved

§ 13. Parent's liability for value of child's necessaries

§ 14. Compensation for support of child

§ 15. Support of stepchildren

§ 16. Services and support after majority

§ 17. Relinquishment of rights by parent

§ 17.1. Assignment by parent to child of right to recover for injury to child

§ 18. Payment of minor's wages

§ 19. Parent's right to change child's residence

§ 20. Parent or child not answerable for other's act

§ 21. Custody during parents' separation—Habeas corpus

§ 21.1. Custody—Order of preference—Death of custodial parent—Preference of child

§§ 22, 23. Reserved

§ 24. Appointment of counsel—Compensation

CHAPTER 1A CARE AND CUSTODY

§ 25. Definitions

§ 27. Authority to assign, relinquish or otherwise transfer

§ 28. Parties to whom relinquishments may be made

§ 29. Execution of relinquishments

§ 29.1. Termination of parental rights—Petition—Notice—Hearing—Orders

§ 30. Requisites of relinquishment

§ 31. Recovery of child after relinquishment

§ 32. Placement of child in foster home

§ 33. Importation and exportation of children

§ 34. Application of act

§ 35. Violation of act

§ 36. Severability of provisions of act

§ 37. Construction of act

§ 38. Voluntary relinquishment of physical custody—Presumption

CHAPTER 1B INDIAN CHILD WELFARE ACT

§ 40. Short title

§ 40.1. Purpose—Policy of Nation

§ 40.2. Definitions

§ 40.3. Application of act—Exemptions—Determination of Indian status

§ 40.4. Indian child custody proceedings—Notice

§ 40.5. Emergency removal of Indian child from parent or custodian—Order

§ 40.6. Placement preference

§ 40.7. Agreements with Indian tribes for care and custody of Indian children

§ 40.9. Records

§ 40.10. Involuntary custody placement orders—Evidence—Determination of damage to

child

§ 40.11. Parental rights termination orders—Evidence—Determination of damage to child

CHAPTER 2 ADOPTION

§ 55. Adoption of child born out of wedlock by father

§ 55.1. Notice of intent to claim paternity—Acknowledging paternity—Paternity registry

§ 56. Reserved

§ 57. Records to be kept confidential—Release of medical history and other information

§ 58. Limitation on challenge to adoption after entry of final decree

CHAPTER 2A UNIFORM ADOPTION ACT

§ 60.1. Definitions

§ 60.2. Eligibility for adoption

§ 60.3. Eligibility to adopt

§ 60.4. Court and jurisdiction

§ 60.5. Consent to adoption

§ 60.5A. Medical history form to be completed for certain children—Contents—Filing

§ 60.6. Consent of parents—Exceptions

§ 60.7. Notice and hearing in cases of adoption without consent of parents—Procedure

§ 60.7A. Court Clerk or Deputy may affix signature of Judge to order and notice of hearing

§ 60.8. Reserved

§ 60.9. Effect of act on prior adoptions

§ 60.10. Withdrawal of consent—Notice and hearing—Limitation

§ 60.11. Consent of child

§ 60.12. Petition for adoption

§ 60.13. Investigations and reports

§ 60.14. Waiver of interlocutory decree and waiting period

§ 60.15. Interlocutory decree—Hearing—Final decree

§ 60.16. Effect of final decree—Grandparental rights

§ 60.17. Confidential character of hearings and records—Release of medical history

§ 60.18. Certificates

§ 60.19. Appeals

§ 60.20. Foreign decrees

§ 60.21. Adoption of adults

CHAPTER 3 PATERNITY

§ 100. Presumption that man is the natural father

§ 100.1. Additional presumption of paternity

§ 101. Persons entitled to dispute presumption; proof of illegitimacy; time limit

§ 102. Repealed by LA 08–11, eff. May 19, 2011

§ 103. Death of custodial parent; custody of child

§ 104. Natural mother of child—Establishment of paternity

§ 105. Petition—Verification—Jurisdiction

§ 105.1. Notice to Registrar

§ 106. Trial of issues of paternity, support, custody and visitation—Burden of proof and

procedure

§ 107. Court order determining paternity

§ 108. Court may enlarge, diminish or vacate order or judgment

§ 109. Appeals

§ 110. Father's liability to support and educate child

§ 111. Repealed by LA 20–07, eff. April 23, 2007

§ 112. Persons eligible to bring paternity actions

§ 113. Joinder of sexual partners as defendants—Genetic testing—Determination of

paternity

§ 113.1. Effect of failure to appear or answer—Presumptions

§ 114. Costs and attorney fees

§ 115. Changing child's name to paternal surname

§ 116. Authority of District Court

§ 117. Preparation of birth certificate—Acknowledgement of paternity

§ 118. Authority for test

§ 119. Selection of experts

§ 120. Compensation of expert witnesses

§ 121. Effect of test results

§ 122. Effect on presumption of legitimacy

§ 123. Applicability to criminal actions

CHAPTER 51 DELINQUENT, DEPENDENT AND NEGLECTED CHILDREN

ARTICLE I. DEPENDENT AND DELINQUENT CHILDREN

§ 1101. Definitions

§ 1102. Jurisdiction of District Court—Transfer or consolidation of proceedings

§ 1102.1. Transfer of issues regarding child to juvenile docket for preliminary inquiry and determination

§ 1103. Preliminary inquiry—Verified petition—Contents—Filing by Prosecuting Attorney

§ 1103.1. Amendment of petition

§ 1104. Summons—Contents—Service—Taking child into custody—Arrest warrant

§ 1104.1. Filing petition when child taken into custody—Time—Order to remove child from

home

§ 1104.2. Persons sixteen or seventeen years of age to be considered as adult for committing certain offenses—Warrants—Certification as child

§ 1105. Service of summons—Time of hearing—Mental health examination—Report

§ 1106. Failure to appear—Contempt—Warrants

§ 1107. Taking child into custody prior to filing petition—Detention or release—Medical

examination and treatment

§ 1107.1. Conditions of detention of child—Detention or confinement in adult facility

§ 1108. Temporary detention of children—Reimbursement of transportation costs—Detention facilities—Detention services and centers—Standard for certification of facilities used to detain juveniles

§ 1110. Jury trial

§ 1111. Conduct of hearings

§ 1112. Children charged with violating Nation statute or municipal ordinance—Juvenile

proceedings—Felonies—Trial as adult—Matters considered—Bail

§ 1113. Allegations of petition not supported by evidence

§ 1114. Allegations of petition supported by evidence

§ 1115. Dispositional hearings—Additional reports or evidence

§ 1115.1. Placement plan filing—Preparation—Approval—Contents—Substance abuse treatment program for parents—Child born dependent on controlled dangerous substance

§ 1115.2. Information to accompany child placed outside his home

§ 1116. Disposition orders

§ 1116.1. Review of order removing child from custody of lawful parents

§ 1117. Persons or agencies receiving custody—Rights and duties

§ 1118. Modification of decrees or orders

§ 1119. Religious faith of parents or child

§ 1120. Examination of child by physician or mental health professional—Order for care—

Expense—Emergency—Investigation

§ 1121. Care and maintenance of child—Orders for enforcement

§ 1122. Penalties

§ 1123. Appeals

§ 1123.1. Appellate titling of case by initials of child

§ 1123.2. Time for filing petition—Completion of record—Briefing schedule

§ 1124. Mileage and witness fees

§ 1125. Records

§ 1126. Reserved

§ 1127. Use of records or evidence in other causes or proceedings prohibited—

Fingerprinting—Civil disability—Criminal status

§ 1129. Liberal construction of act

§ 1130. Termination of parental rights in certain situations

§ 1131. Notice of hearing to terminate parental rights

§ 1132. Effect of termination of parental rights

§ 1133. Custody with authority to consent to adoption after termination of parental rights

§ 1134. Action to adopt not to be combined with action to terminate parental rights

§ 1135. Placement determination

§ 1135.1. Child in need of treatment—Care and placement—Evaluation—Inpatient care and

treatment

§ 1136. Cherokee Nation to care for deprived children

§ 1137. Child adjudicated in need of supervision—Placement—Rehabilitative facilities—

Residential care and treatment

§ 1138. Delinquent children—Intent of Tribal Council—Powers and duties of Cherokee

Nation

§ 1139. Discharge of children adjudicated delinquent—Retaining custody

§ 1140. Children becoming unmanageable and uncontrollable

§ 1141. Intake, probation and parole services

§ 1142. Cooperative agreements for education and training of children

§ 1143. Commitment of children to institution—Delivery

§ 1144. Causing, aiding, abetting or encouraging minor to become delinquent, in need of

supervision, or dependent and neglected—Penalty

§ 1145. Cherokee Nation to serve as legal guardian

§ 1146. Escape or run away from institutional placement

§ 1147. Admissibility of prerecorded statements of child age twelve or under who is victim of abuse

§ 1148. Taking testimony of child age twelve or under in room other than courtroom—

Recording

§ 1149. Aggravated assault and battery upon employee of facility for delinquent children

ARTICLE III. AREA CHILDREN'S DETENTION CENTERS

§ 1301. Establishment of area detention centers

§ 1403.1. Rules, regulations, policies and procedures regarding children in Cherokee Nation custody

§ 1403.2. Use of physical force—Mechanical restraints

§ 1404.1. Juvenile Offender Victim Restitution Work Program

§ 1405. Enforcement

§ 1406. Institutional abuse

§ 1407. Child protection

§ 1611. Pleading or affidavit—Oath—Information required

Title 11. Citizenship

CHAPTER 1 GENERAL PROVISIONS

§ 1. Title

§ 2. Purpose

§ 3. Definitions

CHAPTER 2 POLICIES AND PROCEDURES FOR CITIZENSHIP APPLICATIONS

§ 11. Requirements of the applicant

§ 11A. Temporary automatic citizenship of newborn children

§ 12. Citizenship requirements

§ 13. Procedures

§ 14. Documentation

CHAPTER 3 APPEAL FROM ADVERSE ENROLLMENT ACTION

§ 21. Who may appeal

§ 22. Appeals generally

§ 23. Appeal procedure

§ 24. Computation of the appeal period

§ 25. Burden of proof

§ 26. Action by the Registrar

§ 27. Action by the District Court of Cherokee Nation—Standard of review

CHAPTER 4 TRIBAL CITIZENSHIP

§ 31. Tribal citizenship cards

§ 32. Maintenance of records

§ 33. Release of tribal citizenship information

§ 34. Relinquishment

§ 35. Recognition of Delaware Tribe of Cherokee Nation—Rights and duties of Delaware

Tribe and Cherokee Nation and citizens thereof—Proposal of and conduct of referendum

upon governing document for Delaware Tribe—Election of tribal officers

Title 12. Civil Procedures

CHAPTER 1 ADOPTION OF FEDERAL RULES OF CIVIL PROCEDURE—FEDERAL RULES OF EVIDENCE

§ 1. Federal Rules of Civil Procedure—Federal Rules of Evidence

CHAPTER 2 STATUTE OF LIMITATIONS

§ 11. Express or implied contracts

§ 12. Property injury—Personal injury

§ 13. Tolling of period for minors or incompetents

§ 14. Action for relief not provided for

CHAPTER 3 INTEREST ON JUDGMENTS

§ 21. Interest on judgments

CHAPTER 4 CHANGE OF NAME

§ 31. Right to petition for change of name

§ 32. Petition

§ 33. Notice—Protest—Hearing date—Continuance

§ 34. Evidence—Determination

§ 35. Judgment

§ 36. Illegal or fraudulent purpose

CHAPTER 5 CIVIL PROTECTIVE ORDERS

§ 501. Short title

§ 502. Definitions [Reserved]

§ 503. Jurisdiction for civil protective orders

§§ 504 to 510. Reserved

§ 511. Change of Judge for civil protective orders

§ 512. Availability of civil protective orders

§ 513. Procedures for filing civil petitions for protective orders

§ 514. Procedures for issuance of temporary and permanent protective orders

§ 515. Content of a protective order in general

§ 516. Duration and amendments to permanent protective orders in general

§ 517. Temporary emergency ex parte protective orders

§ 518. False allegations of domestic violence—Effect

§ 519. Foreign domestic violence protective orders—Full faith and credit recognition and

enforcement

§ 520. Tribal registry for protective orders

CHAPTER 6 GARNISHMENT

§ 1170. Definitions

§ 1171. Right to garnishment

§ 1171.1. Money earned from prejudgment garnishment—Exemption

§ 1171.2. Child support payments—Garnishment—Filing fee

§ 1171.3. Income assignments

§ 1172. Affidavit—Contents

§ 1172.1. Prejudgment and postjudgment summons—Procedure

§ 1172.2. Garnishment summons—Payment of funds by garnishee

§ 1173. Garnishee summons

§§ 1173.1, 1173.2. Reserved

§ 1173.3. General garnishment

§ 1173.4. Continuing lien on earnings—Definitions

§ 1174. Notice to defendant of garnishment proceedings

§ 1175. Subsequent proceedings

§ 1176. Reserved

§ 1177. Trial of issue—Judgment on answer

§ 1178. Affidavit required of garnishee

§ 1178.1. Summons for collection of support—Affidavit—Garnishee's answer

§ 1178.2. Garnishment summons not on earnings or for collection of child support—Affidavit—Garnishee's answer

§ 1179. Failure of garnishee to answer

§ 1180. Persons authorized to make answer

§ 1181. Mutual defense by garnishee and defendant

§ 1182. Proceedings deemed actions—Judgment and enforcement—Trial and dismissal—

Unmatured or unliquidated debts

§ 1183. Examination of garnishee by deposition or interrogatories

§ 1184. Disclaimer by garnishee—Interpleading interested party

§ 1185. Garnishee's liability

§ 1186. No judgment upon garnishee's liability under certain circumstances

§ 1187. No action against garnishee until termination of garnishee action

§ 1188. Defendant's bond

§ 1189. When plaintiff excepts, sureties appear for justification—Discharge of garnishee

§ 1190. Costs

§ 1191. Reserved

§ 1192. Garnishment—Employees of Cherokee Nation or its business entities

§ 1193. Summons when Cherokee Nation employee is garnisheed

§ 1194. Cherokee Nation as garnishee—Judgments

§ 1195. Garnishment bond not required when Nation is plaintiff

§ 1196. Judgment—Garnishee liability to defendant

§ 1197. Garnishment of gaming winnings

§ 1198. Withholding gaming winnings

CHAPTER 7 DECLARATORY JUDGMENTS

§ 1201. Short title

§ 1202. Purpose

§ 1203. Determination of rights, status or other legal relations—Exceptions

§ 1204. Pleading

§ 1205. Parties—Venue

§ 1206. Effect of determination—Review

§ 1207. Further relief

§ 1208. Issues of fact

CHAPTER 8 UNIFORM ARBITRATION ACT

§ 1301. Definitions

§ 1302. Notice

§ 1303. When chapter applies

§ 1304. Effect of agreement to arbitrate—Nonwaivable provisions

§ 1305. Application for judicial relief

§ 1306. Validity of agreement to arbitrate

§ 1307. Petition to compel or stay arbitration

§ 1308. Provisional remedies

§ 1309. Initiation of arbitration

§ 1310. Consolidation of separate arbitration proceedings

§ 1311. Appointment of arbitrator—Service as a neutral arbitrator

§ 1312. Disclosure by arbitrator

§ 1313. Action by majority

§ 1314. Immunity of arbitrator—Competency to testify—Attorney fees and costs

§ 1315. Arbitration process

§ 1316. Representation by lawyer

§ 1317. Witnesses—Subpoenas—Depositions—Discovery

§ 1318. Judicial enforcement of preaward ruling by arbitrator

§ 1319. Award

§ 1320. Change of award by arbitrator

§ 1321. Remedies—Fees and expenses of arbitration proceeding

§ 1322. Confirmation of award

§ 1323. Vacating award

§ 1324. Modification or correction of award

§ 1325. Judgment on award—Attorney fees and litigation expenses

§ 1326. Jurisdiction

§ 1327. Venue

§ 1328. Appeals

§ 1329. Uniformity of application and construction

§ 1330. Relationship to Electronic Signatures in Global and National Commerce Act

Title 13. Common Carriers

Reserved for Future Use

Title 14. Commissions and Other Entities

CHAPTER 1 APPOINTMENT OF BOARDS AND COMMISSIONS

§ 1. Short title

§ 2. Purpose

§ 3. Definitions

§ 4. Appointments

Title 15. Contracts

CHAPTER 1 CONTRACT PUBLICATION

§ 1. Short title

§ 2. Purpose

§ 3. Reports relating to contracts

Title 16. Conveyances

Reserved for Future Use

Title 17. Reserved

Reserved for Future Use

Title 18. Corporations

CHAPTER 1 CHEROKEE NATION GENERAL CORPORATION ACT

ARTICLE 1 GENERAL PROVISIONS

§ 1. Short title

§ 2. Scope of act

§ 3. Rights, liabilities and duties under prior statutes

§ 4. Reserved power of Cherokee Nation to amend or repeal—Cherokee Nation General Corporation Act part of corporation's charter or certificate of incorporation

ARTICLE 2 FORMATION

§ 5. Incorporators—How corporation formed—Purposes

§ 6. Certificate of incorporation—Contents

§ 7. Execution, acknowledgment, filing and effective date of original certificate of

incorporation and other instruments—Exceptions

§ 8. Certificate of incorporation—Definition

§ 9. Certificate of incorporation and other certificates—Evidence

§ 10. Commencement of corporate existence

§ 11. Powers of incorporators

§ 12. Organization meeting of incorporators or directors named in certificate of

incorporation

§ 13. Bylaws

§ 14. Emergency bylaws and other powers in emergency

ARTICLE 3 POWERS

§ 15. General powers

§ 16. Specific powers

§ 17. Powers respecting securities of other corporations or entities

§ 18. Monthly cash dividend

§§ 19, 20. Reserved

ARTICLE 4 REGISTERED OFFICE AND REGISTERED AGENT

§ 21. Registered office in Cherokee Nation—Principal office or place of business in Cherokee Nation

§ 22. Registered agent in Cherokee Nation—Resident agent

§ 23. Change of location of registered office—Change of registered agent

§ 24. Change of address or name of registered agent

§ 25. Resignation of registered agent coupled with appointment of successor

§ 26. Resignation of registered agent not coupled with appointment of successor—Absence of registered agent

ARTICLE 5 DIRECTORS AND OFFICERS

§ 27. Board of directors—Powers—Number—Qualifications—Terms and quorum—committees—Classes of directors—Reliance upon books—Action without meeting, etc.

§ 28. Officers; titles, duties, selection, term; failure to elect; vacancies

§ 29. Loans to employees and officers; guaranty of obligations of employees and officers

§ 30. Interested directors; quorum

§ 31. Indemnification of officers, directors, employees and agents; insurance

ARTICLE 6 STOCK AND DIVIDENDS

§ 32. Classes and series of stock—Rights, etc.

§ 33. Issuance of stock, lawful consideration—Fully paid stock

§ 34. Consideration for stock

§ 35. Determination of amount of capital—Capital, surplus and net assets defined

§ 36. Fractions of shares

§ 37. Partly paid shares

§ 38. Rights and options respecting stock

§ 39. Stock certificates, uncertificated shares

§ 40. Shares of stock—Personal property, transfer and taxation

§ 41. Corporation's powers respecting ownership, voting, etc., of its own stock—Rights of

stock called for redemption

§ 42. Issuance of additional stock—When and by whom

§ 43. Liability of shareholder or subscriber for stock not paid in full

§ 44. Payment for stock not paid in full

§ 45. Failure to pay for stock—Remedies

§ 46. Revocability of pre-incorporation subscriptions

§ 47. Formalities required of stock subscriptions

§ 48. Situs of ownership of stock

§ 49. Dividends—Payment—Wasting asset corporations

§ 50. Special purpose reserves

§ 51. Liability of directors as to dividends or stock redemption

§ 52. Declaration and payment of dividends

§ 53. Liability of directors for unlawful payment of dividend or unlawful stock purchase or redemption—Exoneration from liability—Contribution among directors—Subrogation

ARTICLE 7 STOCK TRANSFERS

§ 54. Transfer of stock, stock certificates and uncertificated stock

§ 55. Restriction on transfer of securities

ARTICLE MEETINGS, ELECTIONS, VOTING AND NOTICE

§ 56. Meetings of shareholders

§ 57. Voting rights of shareholders—Proxies—Limitations

§ 58. Fixing date for determination of shareholders of record

§ 59. Cumulative voting

§ 60. Voting rights of members of nonstock corporations—Quorum—Proxies

§ 61. Quorum and required vote for stock corporations

§ 62. Voting rights of fiduciaries, pledgors and joint owners of stock

§ 63. Voting trusts and other voting agreements

§ 64. List of shareholders entitled to vote—Penalty for refusal to produce—Stock ledger

§ 65. Inspection of books and records

§ 66. Voting, inspection and other rights of bondholders and debenture holders

§ 67. Notice of meetings and adjourned meetings

§ 68. Vacancies and newly created directorships

§ 69. Form of records

§ 70. Contested election of directors—Proceedings to determine validity

§ 71. Appointment of custodian or receiver of corporation on deadlock or for other cause

§ 72. Powers of court in elections of directors

§ 73. Consent of shareholders in lieu of meeting

§ 74. Waiver of notice

§ 75. Exception to requirements of notice

ARTICLE 9 AMENDMENT OF CERTIFICATE OF INCORPORATION—CHANGES IN CAPITAL

AND CAPITAL STOCK

§ 76. Amendment of certificate of incorporation before receipt of payment for stock

§ 77. Amendment of certificate of incorporation after receipt of payment for stock—

Nonstock corporations

§ 78. Retirement of stock

§ 79. Reduction of capital

§ 80. Restated certificate of incorporation

ARTICLE 10 MERGER OR CONSOLIDATION

§ 81. Merger or consolidation of domestic corporations

§ 82. Merger or consolidation of domestic and foreign corporations—Service of process upon surviving or resulting corporation

§ 83. Merger of parent corporation and subsidiary or subsidiaries

§ 84. Merger or consolidation of domestic nonstock, not for profit corporations

§ 85. Merger or consolidation of domestic and foreign nonstock, not for profit corporation; service of process upon surviving or resulting corporation

§ 86. Merger or consolidation of domestic stock and nonstock corporations

§ 87. Merger or consolidation of domestic and foreign stock and nonstock corporations

§ 88. Status, rights, liabilities, etc. of constituent and surviving or resulting corporations following merger or consolidation.

§ 89. Powers of corporation surviving or resulting from merger or consolidation; issuance of stock, bonds or other indebtedness

§ 90. Effect of merger upon pending actions

§ 90.1. Share acquisitions

§ 90.2. Merger or consolidation of domestic corporation and limited partnership

§ 90.3. Business combinations with interested shareholders

§ 91. Appraisal rights

ARTICLE 11 SALE OF ASSETS, DISSOLUTION AND WINDING UP

§ 92. Sale, lease or exchange of assets—Consideration—Procedure

§ 93. Mortgage or pledge of assets

§ 94. Dissolution of joint venture corporation having two shareholders

§ 95. Dissolution before the issuance of shares or beginning business—Procedure

§ 96. Dissolution—Procedure

§ 97. Reserved

§ 98. Payment of franchise taxes before dissolution

§ 99. Continuation of corporation after dissolution for purposes of suit and winding up

affairs

§ 100. Trustees or receivers for dissolved corporations—Appointment—Powers—Duties

§ 100.1. Notice to claimants—Filing of claims

§ 100.2. Payment and distribution to claimants and shareholders

§ 100.3. Liability of shareholders of dissolved corporations

§ 101. Jurisdiction of Court

§§ 102, 103. Reserved

§ 104. Revocation or forfeiture of charter—Proceedings

§ 105. Dissolution or forfeiture of charter by decree of Court—Filing

ARTICLE 12 INSOLVENCY; RECEIVERS AND TRUSTEES

§ 106. Receivers for insolvent corporations—Appointment and powers

§ 107. Title to property—Filing order of appointment—Exception

§ 108. Notices to shareholders and creditors

§ 109. Receivers or trustees—Inventory—List of debts and reports

§ 110. Creditors' proof of claims—When barred—Notice

§ 111. Adjudication of claims—Appeal

§ 112. Sale of perishable or deteriorating property

§ 113. Compensation, costs and expenses of receiver or trustee

§ 114. Substitution of trustee or receiver as party—Abatement of actions

§ 115. Liens for wages or products when corporation is insolvent

§ 116. Discontinuance of liquidation

§ 117. Compromise or arrangement between corporation and creditors or shareholders

§ 118. Bankruptcy proceedings under a statute of the United States—Effectuation

ARTICLE 13 RENEWAL, REVIVAL, EXTENSION AND RESTORATION OF CERTIFICATE OF

INCORPORATION OR CHARTER

§ 119. Revocation of voluntary dissolution

§ 120. Renewal, revival, extension and restoration of certificate of incorporation

§ 121. Status of corporation

ARTICLE 14 SUITS AGAINST CORPORATIONS, DIRECTORS, OFFICERS OR SHAREHOLDERS

§ 122. Failure of corporation to obey order of Court—Appointment of receiver

§ 123. Failure of corporation to obey writ of mandamus—Quo warranto proceedings for

forfeiture of charter

§ 124. Actions against officers, directors or shareholders to enforce liability of corporation— Unsatisfied judgment against corporation

§ 125. Action by officer, director or shareholder against corporations for corporate debt paid

§ 126. Shareholder's derivative action—Allegation of stock ownership

§ 127. Liability of corporation, etc.—Impairment by certain transactions

§ 128. Defective organization of corporation as defense

§ 129. Usury—Pleading by corporation

ARTICLE 15 FOREIGN CORPORATIONS

§ 130. Foreign corporations—Definition—Qualification to do business in Cherokee Nation—

Procedure

§ 131. Additional requirements in case of change of name, mailing address, authorized

capital or business purpose, or merger or consolidation

§ 132. Exceptions to requirements

§ 133. Change of registered agent upon whom process may be served

§ 134. Violations and penalties

§ 135. Withdrawal of foreign corporation from Cherokee Nation—Service of process on

Office of the Principal Chief or his authorized representative

§ 136. Service of process on nonqualifying foreign corporations

§ 137. Actions by and against unqualified foreign corporations

§ 138. Foreign corporations doing business without having qualified—Injunctions

ARTICLE 16 MISCELLANEOUS PROVISIONS

§ 139. Reservation of corporate name

§ 140. Trade names

§ 141. Prohibition on use of name or indistinguishable names—Exceptions

§ 142. Filing and other service fees

§ 142.1. Fees for telephone assistance

§ 143. Duplication of Cherokee Nation General Corporation Act by the Office of the

Principal Chief or his authorized representative—Distribution

§ 144. Required filing with the Office of the Principal Chief or his authorized representative following a merger or consolidation, or a change of corporate name

§ 145. Inspection and auditing of books, records, and reports

§ 146. Forms

CHAPTER 2 CHEROKEE NATION LIMITED LIABILITY COMPANY ACT

ARTICLE 1. GENERAL PROVISIONS

§ 201. Short title

§ 202. Scope of act

§ 203. Rights, liabilities and duties under prior statutes

§ 204. Reserved power of Cherokee Nation to amend or repeal; Cherokee Nation Limited

Liability Company Act part of limited liability company's certificate of limited liability

§ 205. Definitions

§ 206. Name of limited liability company

§ 207. Reservation of limited liability company name

§ 208. Designated office and agent for service of process

§ 209. Change of designated office or agent for service of process

§ 210. Resignation of agent for service of process

§ 211. Nature of business and powers

ARTICLE 2. ORGANIZATION

§ 212. Limited liability company as legal entity

§ 213. Articles of organization—Filing

§ 214. Articles of organization—Content

§ 215. Articles of organization—Amendment

§ 216. Articles of organization—Execution

§ 217. Delivery of articles of organization and other documents to the Office of the Principal Chief

§ 218. Correcting filed record

§ 219. Certificate of existence or authorization

§ 220. Annual certification for the Office of the Principal Chief

ARTICLE 3. RELATIONS OF MANAGERS TO PERSONS DEALING WITH LIMITED LIABILITY COMPANY

§ 221. Manager as agent of limited liability company

§ 222. Limited liability company liable for member's or manager's actionable conduct

§ 223. Member or manager—Limitation or elimination of liability—Indemnification

ARTICLE 4. RELATIONS OF MEMBERS TO EACH OTHER AND TO LIMITED LIABILITY COMPANY

§ 224. Form of contribution of member

§ 225. Member's liability for contributions

§ 226. Management of limited liability company

§ 227. Managers—Majority vote required

§ 228. Allocation of profits and losses—Distributions

§ 229. Allocation of profits and losses—Distributions

§ 230. Liability for unlawful distributions

§ 231. Member's right to information

§ 232. Members—Voting rights

§ 233. Managers—Duties—Good faith—Liability

§ 234. Liability solely as manager or member

ARTICLE 5. ASSIGNEES AND CREDITORS OF MEMBER

§ 235. Membership interest

§ 236. Assignment of membership interest

§ 237. Rights of assignees

§ 238. Rights of creditors

§ 239. Distributions to members before withdrawal and dissolution

§ 240. Form of distribution—Asset in kind

§ 241. Status of member and distribution

ARTICLE 6. MEMBER'S DISSOCIATION

§ 242. Member's power to dissociate—Wrongful dissociation

ARTICLE 7. WINDING UP LIMITED LIABILITY COMPANY'S BUSINESS

§ 243. Events causing dissolution and winding up of limited liability company's business

§ 244. Winding up limited liability company

§ 245. Right to wind up limited liability company's business

§ 246. Member's or manager's power and liability as agent after dissolution

§ 247. Article of dissolution

§ 248. Article of dissolution

ARTICLE 8. CONVERSIONS AND MERGERS

§ 249. Merger or consolidation

§ 250. Conversion of certain entities to a limited liability company

§ 251. Approval of conversion of a limited liability company

ARTICLE 9. FOREIGN LIMITED LIABILITY COMPANIES

§ 252. Law governing foreign limited liability companies

§ 253. Application for certificate of authority

§ 254. Activities that do not constitute transacting business in Cherokee Nation

§ 255. Issuance of certificate of authority

§ 256. Name of foreign limited liability company

§ 257. Revocation of certificate of authority

§ 258. Cancellation of authority

§ 259. Effect of failure to obtain certificate of authority

§ 260. Action by the Office of the Principal Chief

ARTICLE 10. DERIVATIVE ACTIONS

§ 261. Right of action

§ 262. Proper plaintiff

§ 263. Pleading

§ 264. Expenses

ARTICLE 11. GOVERNMENT-OWNED LIMITED LIABILITY COMPANIES

§ 265. Limited liability companies formed by Cherokee Nation

§ 266. Sovereign immunity of Cherokee Nation wholly-owned limited liability companies

CHAPTER 3 CHEROKEE NATION NONPROFIT CORPORATIONS ACT

§ 301. Short title

§ 302. Purpose

§ 303. Definitions

§ 304. Purposes of a nonprofit corporation

§ 305. Incorporators

§ 306. Articles of incorporation

§ 307. Corporate name

§ 308. Corporate capacity and powers

§ 309. Filing of articles

§ 310. Amendment of articles

§ 311. Organizational meeting

§ 312. Disposition of assets

§ 313. General corporate laws applicable

CHAPTER 4 JOBS GROWTH

§ 401. Short title

§ 402. Purpose

§ 403. Definitions

§ 404. Ownership of certain Cherokee Nation business entities

Title 19. Council

CHAPTER 1 GENERAL PROVISIONS

§ 1. Voting upon appointment to public office of persons related to Members of Council

§ 2. Removal of Members of Council

§ 3. Filling of vacancies

§ 4. Repealed by LA 34–07, eff. September 13, 2007

§ 5. Publication of Council minutes

CHAPTER 2 COMMITTEES

§ 11. Standing Committees—Establishment

§ 12. Standing Committees—Membership

§ 13. Standing Committees—Jurisdiction and duties

§ 14. Code Subcommittee—Establishment—Composition—Compensation of Members—Meetings

§ 15. Repeal of prior legislation

CHAPTER 3 SALARIES AND EXPENSES

§ 21. Compensation of Council Members—Generally

§§ 22, 23. Repealed by LA 17–09, eff. June 21, 2009

CHAPTER 4 OFFICERS AND MEETINGS

§ 31. President of the Council

§ 32. Secretary of the Council

§ 33. Time and place of sessions

§ 33.5. Attendance by means of electronic interactive device

§ 34. Adjournment of sessions

§ 35. Rules and procedure generally

§ 36. Order of business

§ 37. Roll call votes

§ 37.5. Executive Session

§ 38. Short title

§ 38.1. Purpose

§ 38.2. Legislative intent

§ 38.3. Quorum

§ 38.4. Absence

§ 38.5. Establishment of quorum

§ 38.6. Compelling attendance

§ 39. Legislative Aide

CHAPTER 5 GOVERNMENTAL RECORDS

§ 41. Short title

§ 42. Purpose

§ 43. Findings

§ 44. Definitions

§ 45. Requests for records

CHAPTER 6 SUBPOENA AND INVESTIGATIONS

§ 51. Short title

§ 52. Purpose

§ 53. Definitions

§ 54. Authority to conduct hearings—Procedures

§ 55. Subpoena authority

§ 56. Mandatory compliance

Title 20. Courts

CHAPTER 1 GENERAL PROVISIONS

§ 1. Courts may appoint Interpreter

§ 2. Witness qualifications—Oath

§ 3. Cross-examination

§ 4. Non-attendance of witnesses

§ 5. Costs and attorneys fees

CHAPTER 2 DISTRICT COURT—JURISDICTION AND PROCEDURE

§ 11. Application and purpose

§ 12. Composition

§ 13. Terms of District Judges

§ 14. Oath of District Judge

§ 15. Disability or vacancy in office of District Judge

§ 16. Salaries—Travel expenses—Disciplinary action

§ 17. Removal from office

§ 18. Clerk

§ 19. Reserved

§ 20. District Court Office

§ 21. Place and terms of District Court proceedings

§ 22. District Court deemed always open—Effect of sessions

§ 23. Judicial Conference

§ 24. Jurisdiction—Generally

§ 25. Jurisdiction—Territorial

§ 26. Writs or orders

§ 27. Rules

CHAPTER 3 SUPREME COURT—ORGANIZATION AND ADMINISTRATION

§§ 31 to 43. Repealed by LA 29–07, eff. October 1, 2007

§ 44. Reimbursement of expenses incurred by members of Supreme Court—Annual

disclosure

§ 45. Establishment of a law library—Maintenance and expenditures—Use by Cherokee

citizens—Annual disclosure

§ 46. Supplies, material, postage, office equipment, telephone and facsimile expense—Annual disclosure

§ 47. Filing fees and court costs

CHAPTER 4 SUPREME COURT—POWERS AND DUTIES GENERALLY

§ 51. Jurisdiction of Supreme Court generally

§ 51.1. Codification of term "Supreme Court"

§ 52. Superintendence over courts of inferior jurisdiction

§ 53. Supreme Court may prescribe rules of procedure for courts of inferior jurisdiction

§ 54. Supreme Court decisions to have the force of law

§ 55. Publication of decisions of Supreme Court

§ 56. Decisions to be rendered for the true interpretation of the law

§ 57. Adoption of rules governing pleading, practice and procedure

§ 58. Administration of oaths and affirmations—Taking of acknowledgments

§ 59. Disqualification of Justices

§ 60. Temporary appointment on disqualification or recusal of Justice

APPENDIX I TO TITLE 20

SUPREME COURT RULES AND PROCEDURES

I. IN GENERAL

Rule 1. Rules to be liberally construed

Rule 2. Amendment or rescission of rules

II. PETITION

Rule 3. Withdrawal and dismissal

Rule 4. Assignment and disposition of cases, effectiveness of orders, appeal—Motions for

reconsideration—Cases retained for en banc determination

Rule 5. Filing

Rule 6. Requirement of filing fees

Rule 7. Use of fax/e-mail

Rule 8. Form—Jurat or declaration—Number of copies

Rule 9. Contents

Rule 10. Use of Bar Identification number

III. NOTICE

Rule 11. Service of the petition and return

Rule 12. Rejection of petition

Rules 13 to 19. Reserved

IV. SERVICE AND FILING OF PAPERS

Rule 20. Service of pleadings, orders and notices

Rule 21. Date of service—Filing of proof of service

Rule 22. Certification of papers and documents

Rule 23. Signature of orders

Rules 24 to 29. Reserved

V. ANSWER

Rule 30. When and by whom filed—Contents

Rule 31. Place of filing—Service upon other parties—Form

Rule 32. Extension of time for filing

Rule 33. Amendment

Rules 34 to 39. Reserved

VI. MOTIONS

Rule 40. Place of filing—Contents—Service on other parties—Time for filing of motions and responses thereto

Rule 41. Rulings on motions generally

Rule 42. Motions, rulings and orders to be part of the record

Rule 43. Motion to dismiss

Rule 44. Motion for summary judgment

Rule 45. Granting of motion to dismiss entire petition

Rule 46. Filing of answer or other participation in proceedings not deemed a waiver of rights

Rule 47. Intervention

Rules 48, 49. Reserved

VII. APPELLATE PROCEDURE

Rule 50. Who may appeal

Rule 51. Procedure for appeal—Time period to appeal

Rule 52. Appeal

Rule 53. Service of notice of appeal

Rule 54. Bond or supersedeas bond

Rule 55. Stay or injunction

Rule 56. Designation of record

Rule 57. Record of appeal

Rule 58. Certification of the record

Rule 59. Reserved

VIII. BRIEFS

Rule 60. Filing and service of briefs

Rule 61. Briefs

Rule 62. Amicus curiae brief

Rules 63 to 69. Reserved

IX. EX-PARTE COMMUNICATIONS

Rule 70. Communication between Justices or employees of Supreme Court and persons

involved in proceedings—Communication between Justices and assistants

Rules 71 to 79. Reserved

X. WITNESSES

Rule 80. Examination of witnesses generally—Depositions

Rule 81. Payment of witness fees and mileage

Rule 82. Pretrial discovery depositions

Rules 83 to 89. Reserved

XI. PRETRIAL PROCESS

Rule 90. Scheduling order

Rule 91. Time for hearing—Certain

Rule 92. Status and simplification conference

Rule 93. Settlement conference

Rule 94. Pretrial order

Rule 95. Purpose of the agreed pretrial order—Expectations and directions for parties

Rule 96. Informal conference to settle discovery dispute

Rules 97 to 99. Reserved

XII. HEARINGS

Rule 100. Duties and powers of Supreme Court Justices generally

Rule 101. Disqualification of Justices

Rule 102. Rights of parties generally—Copies submitted

Rule 103. Applicability of Federal Rules of Evidence and Federal Rules of Civil Procedure

Rule 104. Admissibility of stipulations of fact

Rule 105. Objections to conduct of hearing and/or trial

Rule 106. Opportunity for oral argument—Filings of briefs and proposed findings

Rule 107. Continuances and adjournments

Rule 108. Penalties for misconduct at any proceeding before a Justice

Rule 109. Reserved

XIII. JUDGMENTS

Rule 110. Procedure for obtaining, entering, enforcement and collection of judgments

Rule 111. Full faith and credit

Rule 112. Recognition of other sovereign judgments—Full faith and credit

Rule 113. Declaratory judgments

Rules 114 to 119. Reserved

XIV. ELECTION RECOUNT PROCEDURE

Rule 120. Supervision of recounts by Supreme Court

Rules 121 to 129. Reserved

XV. ATTORNEYS

Rule 130. Eligibility

Rule 131. Temporary admission

Rule 132. Membership in Cherokee Nation Bar required to practice before Cherokee Nation

Courts—Qualifications for membership

Rule 133. Oath required

Rule 134. Removal of attorney

Rule 135. Granting special permission to appear before the Court

Rule 136. Choice of counsel

Rule 137. Judge shall not appear as counsel

Rule 138. Discipline by the Court

Rule 139. Filing and processing of grievances

XVI. LAY ADVOCATES

Rule 140. Lay advocates

Rule 141. Registry of lay advocates

Rule 142. Procedure for admission

Rule 143. Fees and dues

Rule 144. Lay advocate withdrawal from case

Rule 145. Discipline by the Court

Rule 146. Statement by litigant

Rules 147 to 149. Reserved

XVII. ARBITRATORS

Rule 150. Workers' compensation disputes

Rules 151 to 159. Reserved

XVIII. MISCELLANEOUS JUDICIAL RULES

Rule 160. Judicial office

Rule 161. Disqualification of Justices

Rule 162. Superintendence over all Courts

Rule 163. Chief Justice

Rule 164. Judicial Conference

Rule 165. Judicial promulgation of rules and procedures

APPENDIX II TO TITLE 20

COURT RULES FOR THE DISTRICT COURT OF CHEROKEE NATION

I. PLEADINGS

Rule 1. Initial pleadings

Rule 2. Requirement of filing fees

Rule 3. Use of fax/e-mail

Rule 4. Court files not to be removed

Rule 5. Exhibits

Rules 6 to 9. Reserved

II. COURTROOM DECORUM

Rule 10. Use of courtrooms

Rule 11. Photographs, broadcasting and televising of judicial proceedings

Rule 12. Courtroom conduct

Rules 13 to 19. Reserved

III. COURT PROCEDURE—CRIMINAL CASES

Rule 20. Initial appearances and bond setting—Telephone

Rule 21. District Court arraignments: Continuances

Rule 22. Notification of entry of appearance of private counsel in criminal cases

Rule 23. Withdrawal of counsel in criminal cases

Rule 24. Expunge order

Rule 25. Transcripts in criminal cases

Rule 26. Public Defender—Duties

Rules 27 to 29. Reserved

IV. COURT PROCEDURE—GENERAL

Rule 30. Voir dire examination

Rule 31. Uniformity of rulings

Rule 32. Vacation of final judgments

Rule 33. Matters taken under advisement

Rule 34. Jury sessions—Motion and demurrer sessions—When and how held—Jury terms

Rules 35 to 39. Reserved

V. DOCKETS

Rule 40. Time of hearing—Set certain

Rule 41. Citation docket

Rules 42 to 49. Reserved

VI. ATTORNEY BOND PRIVILEGES

Rule 50. Procedures concerning release of defendants upon attorney's Affidavit of

Responsibility for Court Appearance of Client (O.R. system)

Rules 51 to 59. Reserved

VII. DISQUALIFICATION OF JUDGES

Rule 60. Disqualification of Judges in civil and criminal cases

Rule 61. Disqualification of Trial Judge

Rule 62. Disqualification of Judge, claim of mandamus

Rules 63 to 69. Reserved

VIII. CONTEMPT

Rule 70. Direct contempt

Rule 71. Indigent defendant in civil contempt action—Right to counsel—Attorney fees

Rules 72 to 79. Reserved

IX. COURT REPORTERS

Rule 80. Persons qualified for appointment as Court Reporter

Rule 81. Duties of Reporter—Methods—Transcripts

Rule 82. Transcripts—Access to copies—Costs

Rule 83. Admissibility of transcripts as evidence

Rules 84 to 89. Reserved

X. COURT FUND

Rule 90. Deposit of fees, fines and forfeitures in the Court Fund—Uses—Agent of Fund—

Bond

Rule 91. Claims allowable—Approval

Rules 92 to 99. Reserved

XI. PETITION

Rule 100. Contents

Rule 101. Use of bar identification number

Rules 102 to 106. Reserved

XII. SERVICE OF PLEADINGS—DISMISSAL—FRIVOLOUS PLEADING

[Rule 107. Service–Dismissal–Frivolous pleadings]

XIII. BRIEFS

[Rule 108. Briefs—Requirements]

XIV. RESPONSES TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS

[Rule 109. Answers or objections to be preceded by interrogatory or request]

XV. PRETRIAL PROCESS

Rule 110. Scheduling order

Rule 111. Pretrial order

Rule 112. Purpose of the agreed pretrial order—Expectations and directions for parties

Rule 113. Application to Withdraw and Order for Withdrawal

Rules 114 to 119. Reserved

XVI. MOTIONS

Rule 120. Place of Filing—Contents—Service on other parties—Time for filing of motions

and responses thereto

Rule 121. Rulings on motions—Generally

Rule 122. Motions, rulings and orders to be part of the record

Rule 123. Motion to dismiss

Rule 124. Motion for summary judgment

Rule 125. Filing of answer or other participation in proceedings not deemed a waiver of

rights

Rule 126. Intervention

XVII. WITNESS FEES AND MILEAGE

Rule 127. Witness fees and mileage

XVIII. REQUEST FOR JURY TRIAL

Rule 128. Request for jury trial

XIX. ATTORNEYS

Rule 129. Attorneys

XX. LAY ADVOCATES

Rule 129A. Lay advocates

XXI. COURT PROCEDURE—GRIEVANCES

Rule 130. District Court shall review all requests for formal hearings

Rule 131. District Court to determine jurisdiction for formal hearing

Rule 132. Burden of proof—Clear and convincing evidence

XXII. RULES TO BE LIBERALLY CONSTRUED, AMENDMENT AND RESCISSION OF RULES

Rule 140. Rules to be liberally construed

Rule 141. Amendment or rescission of Rules

TITLE 21 CRIMES AND PUNISHMENTS

PART I. IN GENERAL

CHAPTER 1 PRELIMINARY PROVISIONS

§ 1. Title of code

§ 2. Criminal acts are only those prescribed—"This code" defined

§ 3. Crime and public offense defined

§ 4. Crimes classified

§ 7. Objects of penal code

§ 8. Conviction must precede punishment

§ 10. Punishment of crimes

§ 10a. Punishment of crimes concerning public officials, appointed officials or department

heads

§ 11. Specific statutes in other titles as governing—Acts punishable in different ways—Acts

not otherwise punishable by imprisonment

CHAPTER 2 GENERAL PROVISIONS

MISCELLANEOUS PROVISIONS

§ 21. Prohibited act a crime, when

§ 22. Gross injuries—Grossly disturbing peace—Openly outraging public decency—

Injurious acts not expressly forbidden

§ 24. Acts punishable under foreign laws

§ 25. Foreign conviction or acquittal

§ 26. Contempts, criminal acts which are also punishable as

§ 27. Mitigation of punishment

§ 28. Aiding in a crime

§ 29. Sending letter—When complete—Place of prosecution

§ 30. Failure to perform duty

ATTEMPTS

§ 41. Conviction for attempt not permitted where crime is perpetrated

§ 42. Attempts to commit crimes—Punishment

§ 43. Unsuccessful attempt—Another crime committed

§ 44. Attempt defined

§ 53. Attempt to conceal death of child—Punishment on subsequent conviction

SENTENCE AND IMPRISONMENT

§ 61.1. Sentences to be served in order received by penal institution—Concurrent sentences

§ 61.2. Sentences to run concurrent with federal or state court sentence

§ 61.5. Return to Cherokee Nation to complete sentence

§ 64. Fine, though not prescribed, may be added to imprisonment

§ 65. Civil rights suspended

§ 67. Person of convict protected

§ 68. Conviction does not work forfeiture

§ 69. Sentence—Transfer to Bureau of Prisons

PERJURY ON EXAMINATION OF PRIVILEGED WITNESS

§ 81. Testimony—Privilege of witnesses and perjury

DEFINITIONS

§ 91. Terms to have meanings specified unless different meaning appears

§ 92. Willfully defined

§ 93. Negligent—Negligence

§ 94. Corruptly

§ 95. Malice—Maliciously

§ 96. Knowingly

§ 97. Bribe

§ 98. Vessel

§ 99. Peace officer

§ 100. Signature

§ 101. Writing includes printing

§ 102. Real property

§ 103. Personal property

§ 104. Property defined

§ 105. Person defined

§ 106. Person as designating party whose property may be subject of offense

§ 107. Singular includes plural

§ 108. Gender

§ 109. Present tense

§ 110. Intent to defraud

OTHER REMEDIES AND PUNISHMENTS

§ 131. Civil remedies not affected

§ 132. Proceeding to impeach or remove

FINES AND PENALTIES

§ 141. Payment into Cherokee Nation

CRIME VICTIMS COMPENSATION ACT

§ 142.1. Intent of Cherokee Nation Council

§ 142.18. Victim compensation assessments

CHAPTER 3 PERSONS LIABLE TO PUNISHMENT

§ 151. Persons liable to punishment in Cherokee Nation

§ 152. Persons capable of committing crimes—Exceptions—Children—Idiots—Lunatics—

Ignorance—Commission without consciousness—Involuntary subjection

§ 153. Intoxication no defense

§ 154. Morbid propensity no defense

§ 155. Subjection to superior exonerates

§ 156. Duress must be actual

CHAPTER 4 PARTIES TO CRIME

§ 171. Classification of parties

§ 172. Principals defined

§ 173. Accessories defined

§ 175. Punishment of accessories

CHAPTER 6 CRIMES AGAINST THE EXECUTIVE POWER

§ 264. Falsely assuming to be peace officers—Private persons may make arrests

§ 265. Bribing or offering bribe to executive officer

§ 266. Asking or receiving bribes

§ 267. Preventing officer's performance of duty

§ 268. Resisting executive officer

§ 269. Asking or receiving unauthorized reward for official act

§ 270. Reward for omission to act, asking or receiving

§ 278. Refusal to surrender books to successor

§ 279. Administrative officers included

CHAPTER 7 CRIMES AGAINST THE LEGISLATIVE POWER

§ 301. Preventing meetings of Council

§ 304. Preventing Council Member or personnel from performing official duties—Penalty

§ 308. Bribery of or influencing Council Members

§ 309. Soliciting bribes—Trading votes

§ 312. Forfeiture of office—Disqualification to hold office

§ 318. Bribery

§ 321. Member of Council—Soliciting or securing employment with Cherokee Nation

CHAPTER 8 CRIMES AGAINST THE REVENUE AND PROPERTY OF THE NATION

§ 341. Embezzlement and false accounts by officers

§ 344. Fraud by officer authorized to sell, lease or make contract

§ 346. Obstructing the collection of taxes

§ 349. Injuring or burning public buildings

§ 351. False statement regarding taxes

§ 353. Officer dealing in warrants—Crime

§ 355. Member of governing body not to furnish public supplies for consideration

§ 358. False, fictitious or fraudulent claims against Cherokee Nation

§ 359. Penalties

PART II. CRIMES AGAINST PUBLIC JUSTICE

CHAPTER 10 BRIBERY AND CORRUPTION

§ 380. Bribery of fiduciary

§ 381. Bribing officers

§ 382. Officers receiving bribes

§ 383. Bribing jurors, referees, etc.

§ 384. Receiving bribes by jurors, referees, etc.

§ 385. Misconduct of jurors

§ 386. Accepting gifts

§ 387. Gifts defined

§ 388. Attempts to influence jurors

§ 389. Drawing jurors fraudulently

§ 390. Misconduct by officer in charge of jury

CHAPTER 11 CONSPIRACY

§ 421. Conspiracy—Definition—Punishment

§ 422. Conspiracy outside Cherokee Nation against the peace of the Nation

§ 423. Overt act necessary

§ 424. Punishment for conspiracy against Cherokee Nation

CHAPTER 11A ELECTION FRAUD

§ 425. Voting fraud

§ 426. Unlawful influence of voters

§ 427. Receiving the votes of unqualified voters

§ 428. Tampering with election returns

CHAPTER 12 ESCAPES AND AIDING THEREIN

§ 431. Rearrest of escaped prisoners

§ 434. Escape from penal institution

§ 436. Attempt to escape from penal institution

§ 437. Assisting prisoner to escape

§ 438. Carrying into penal institution things to aid escape

§ 439. Concealing escaped prisoner

§ 440. Harboring criminals and fugitives—Penalty

§ 441. Assisting escape from officer

§ 442. Prisoner defined

§ 443. Escape from penal institution

§ 443A. Additional punishment under rules and regulations of penal institution after escape

§ 444. Escape or attempt to escape from arrest or detention

§ 445. Unauthorized entry into penal institution, jail, etc.—Penalties

CHAPTER 13 FALSIFYING EVIDENCE

§ 450. Misprision of crime and false statements to law enforcement

§ 451. Offering false evidence

§ 452. Deceiving witness

§ 453. Preparing false evidence

§ 454. Destroying evidence

§ 455. Preventing witness from giving testimony

§ 456. Bribing witness—Subornation of perjury

CHAPTER 14 FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS

§ 461. Larceny or destruction of records by clerk or officer

§ 462. Larceny or destruction of records by other persons

§ 463. Offering forged or false instruments for record

§ 464. Forging name to petition—Penalties

CHAPTER 15 ILLEGAL USE OF GOVERNMENT DOCUMENTS

§ 471. Criminal activity with respect to Cherokee Nation citizenship

CHAPTER 16 NEPOTISM

§ 481. Repealed by LA 34–07, eff. September 13, 2007

§ 482. Unlawful to pay salary to ineligible persons

§ 483. Appointment of one related to another officer

§ 485. Penalty

§ 486. Removal from office for violation of chapter

§ 487. Officers affected

CHAPTER 17 PERJURY AND SUBORNATION OF PERJURY

§ 491. Perjury defined—Defense

§ 492. Oath defined

§ 493. Oath of office

§ 494. Irregularities no defense

§ 495. Incompetency no defense

§ 497. Making deposition or certificate

§ 498. Degree of proof required

§ 500. Punishment for perjury

§ 501. Summary committal of witness

§ 503. Documents may be retained

§ 504. Perjury by subornation—Attempted perjury by subornation

§ 505. Punishment of subornation of perjury

CHAPTER 18 RESCUES

§ 521. Rescuing prisoners

§ 522. Taking goods from legal custody

CHAPTER 19 OTHER CRIMES AGAINST PUBLIC JUSTICE

§ 531. Injury to records—Embezzlement by officer

§ 532. Permitting escapes

§ 533. Refusing to receive prisoners

§ 535. Arrest without authority

§ 537. Refusing to aid officer

§ 538. Refusing to make arrest

§ 540. Obstructing officer

§ 540A. Eluding police officer

§ 540B. Roadblocks

§ 543. Compounding crimes

§ 544. Compounding prosecution

§ 545. Attempt to intimidate officer

§ 546. Suppressing evidence

§ 547. Buying lands in suit

§ 554. Attorneys—Buying demands for suit—Misleading inferior courts

§ 555. Prosecutors and their partners

§ 556. Prosecutor advising the defense

§ 557. Attorneys may defend themselves

§ 565. Definition of direct contempt and indirect contempt

§ 565.1. Trial court—Power to punish contempt—Censure—Contempt proceedings

§ 566. Punishment for direct or indirect contempt—Guidelines for determination of sentence and purge fee for failure to comply with certain orders regarding children

§ 567. Indirect contempts—Notice—Trial by jury—Appearance bond

§ 567.1. Indirect contempt for failure to pay child support—Purge fee

§ 568. Contempt—Substance of offense made of record

§ 569. Attorneys—Second application to another judge to stay trial

§ 573. Fraudulent concealment of property

§ 575. Attorneys, misconduct by—Deceit—Delaying suit—Receiving allowance for money

not laid out

§ 576. Attorney permitting other person to use his name

§ 577. Attorneys, use of name lawful, when

§ 578. Inheritance, intercepting by fraudulent production of infant

§ 579. Substituting child

§ 584. Prosecuting suit or bringing action or procuring arrest in false name

§ 587. False certificate by public officer

§ 588. Recording of petit jury proceedings—Listening or observing—Penalty

§ 589. False reporting of crime

PART III. CRIMES AGAINST THE PERSON

CHAPTER 20 ASSAULT AND BATTERY

§ 641. Assault defined

§ 642. Battery defined

§ 643. Force against another not unlawful, when—Self-defense—Defense of property

§ 644. Assault or assault and battery—Punishment

§ 645. Assault, battery, or assault and battery with a dangerous weapon punishment

§ 646. Aggravated assault and battery defined

§ 647. Punishment for aggravated assault and battery

§ 648. Definitions

§ 649. Assault, battery or assault and battery upon police officer or other peace officer—Penalties

§ 649.1. Certain acts against police dog or police horse prohibited—Penalties

§ 649.2. Killing police dog or police horse—Penalties

§ 650. Aggravated assault and battery upon peace officer

§ 650.1. Athletic contests—Assault and battery upon referee, umpire, etc.

§ 650.2. Aggravated assault and battery upon Cherokee Nation corrections employee

§ 650.3. Delaying, obstructing or interfering with emergency medical technician or other

emergency medical care provider—Punishment

§ 650.4. Assault, battery or assault and battery upon emergency medical technician or other emergency medical care provider—Punishment

§ 650.5. Aggravated assault and battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider—Punishment

CHAPTER 21 ATTEMPTS TO KILL

§ 651. Poison, attempt to kill by administering

§ 652. Shooting or discharging firearm with intent to kill—Assault and battery with deadly weapon, etc.

CHAPTER 22 DUELS AND CHALLENGES

§ 661. Duel defined

§ 662. Punishment for dueling

CHAPTER 23 CRIMINAL ASSAULTS

§ 681. Assaults with intent to commit crime; Punishment

CHAPTER 24 HOMICIDE

GENERAL PROVISIONS

§ 691. Homicide defined

§ 692. Homicide classified

§ 693. Proof necessary to conviction of murder or manslaughter

§ 694. Petit treason by killing master or husband abolished—Such offenses homicides

§ 695. Confidential or domestic relation may be considered

MURDER

§ 701.7. Murder in the first degree

§ 701.8. Murder in the second degree

§ 701.9. Punishment for murder

§ 701.16. Solicitation for murder in the first degree

§ 702. Design to effect death inferred

§ 703. Premeditation

§ 704. Anger or intoxication no defense

§ 705. Act imminently dangerous and evincing depraved mind

MANSLAUGHTER

§ 711. Manslaughter in the first degree defined

§ 712. Liability of physicians

§ 713. Killing an unborn quick child

§ 715. Punishment for manslaughter in the first degree

§ 716. Manslaughter in the second degree

§ 717. Owner of mischievous animal which kills person

§ 722. Punishment for manslaughter in the second degree

EXCUSABLE AND JUSTIFIABLE HOMICIDE

§ 731. Excusable homicide, what is

§ 732. Justifiable homicide by officer

§ 733. Justifiable homicide by any person

CHAPTER 25 KIDNAPPING

§ 741. Kidnapping defined

§ 745. Kidnapping for purpose of extortion—Assisting in disposing, receiving, possessing or exchanging money or property received

§ 746. Venue

§ 747. Holder of hostage—Telephone communications

CHAPTER 26 MAIMING

§ 751. Maiming defined

§ 752. Maiming one's self

§ 754. Means and manner of maiming immaterial

§ 755. Maiming by disfigurement

§ 756. Design to maim inferred

§ 757. Premeditated design

§ 758. Recovery before trial at bar—Conviction of assault and battery

§ 759. Punishment for maiming

CHAPTER 28 ROBBERY

§ 791. Robbery defined

§ 792. Force or fear—How employed

§ 793. Degree of force immaterial

§ 794. What fear is an element

§ 795. Value of property not material

§ 796. Taking secretly not robbery

§ 797. Degrees of robbery

§ 798. Punishment for first degree

§ 799. Punishment for second degree

§ 800. Robbery by two or more persons—Punishment

§ 801. Robbery or attempted robbery with dangerous weapon or imitation firearm—

Punishment

CHAPTER 29 SUICIDE

§ 811. Suicide defined

§ 813. Aiding suicide

§ 814. Furnishing weapon or drug

§ 815. Aid in attempt to commit suicide

§ 816. Incapacity of person committing or attempting suicide no defense

§ 817. Punishment for aiding suicide

§ 818. Punishment for aiding an attempt at suicide

CHAPTER 30 MISCELLANEOUS OFFENSES AGAINST THE PERSON

IN GENERAL

§ 831. Intoxicated physician

§ 832. Willfully poisoning food, drink, medicine, or patent or proprietary medicine

§ 833. Unlawful confinement of lunatics

§ 834. Reconfining persons discharged upon writ of deliverance

§ 835. Concealing persons to avoid habeas corpus

§ 836. Assisting in concealing person to avoid habeas corpus

§ 837. Intimidating laborers

§ 838. Intimidating employers

RIGHT OF PRIVACY

§ 839.1. Right of privacy—Use of name or picture for advertising without consent—Crime

§ 839.2. Right of action—Damages

§ 839.3. Right of photographer to exhibit specimens of work—Other uses excepted

TATTOOING

§ 841. Tattooing prohibited—Definition—Exemption

§ 842. Penalty

CHILD ABUSE

§ 843. Abuse of children—Penalties

§ 843.1. Caretaker—Abuse, neglect or financial exploitation of charge

§ 843.2. Verbal abuse by caretaker

§ 843.3. Abuse or exploitation of vulnerable adult by non-caretaker

§ 843.4. Exploitation of elderly persons or disabled adults

§ 844. Ordinary force as means of discipline not prohibited

§ 845. Repealed by LA 20–08, eff. January 12, 2009

§ 846. Mandatory reporting of physical abuse or birth of chemically-dependent child—

Investigations—Spiritual treatment exemption—Appointment of attorney for child

§ 846.1. Report of criminally inflicted injuries

§ 847. Immunity from civil or criminal liability

§ 848. Admissibility of evidence

EXPLOSIVES

§ 849. Wiring or equipping of vehicles or structures with explosives—Penalty

INTIMIDATION OR HARASSMENT

§ 850. Malicious intimidation or harassment because of race, color, religion, ancestry,

national origin or disability—Standardized reporting system

PART IV. CRIMES AGAINST PUBLIC DECENCY AND MORALITY

CHAPTER 31 ABANDONMENT AND NEGLECT OF WIFE OR CHILDREN

§ 851. Desertion of children under age of ten—Penalty

§ 852. Omission to provide for a child—Penalties

§ 852.1. Child endangerment—Knowingly permitting physical or sexual abuse—Good faith

reliance on spiritual healing—Penalties

§ 853. Desertion of wife or child under fifteen—Penalty

§ 854. Proof of marriage—Wife as competent witness—Duty of prosecutor to prosecute

CHAPTER 31A CONTRIBUTING TO DELINQUENCY OF MINORS

§ 856. Contributing to delinquency of minor or in commission of crime—Punishment

§ 856.1. Causing, aiding, abetting or encouraging minor to participate in certain drug-related crimes

§ 857. Definitions

§ 858.1. Causing, aiding, abetting or encouraging minor to be in need of supervision or

dependent or neglected—Punishment—Second or subsequent conviction

§ 858.2. Neglect of minor adjudicated delinquent, in need of supervision or dependent and neglected and placed in parents' or others' care

CHAPTER 32 CONCEALING DEATH OF CHILDREN

§ 863. Concealing stillbirth or death of child

CHAPTER 32A TRAFFICKING IN CHILDREN

§ 865. Definitions

§ 866. Elements of offense

§ 867. Punishment

§ 868. Partial invalidity

§ 869. Construction of act

CHAPTER 34 BIGAMY, INCEST AND SODOMY

§ 881. Bigamy defined

§ 882. Exceptions to the rule of bigamy

§ 883. Punishment of bigamy

§ 884. Person marrying bigamist

§ 885. Incest—Penalty

§ 886. Crime against nature

§ 887. Crime against nature, what penetration necessary

§ 888. Repealed by LA 20–08, eff. January 12, 2009

CHAPTER 35 CHILD STEALING

§ 891. Child stealing—Punishment

CHAPTER 36 CRIMES AGAINST RELIGION AND CONSCIENCE

§ 913. Compelling form of belief

§ 914. Preventing religious act

§ 915. Disturbing religious meeting

CHAPTER 38 GAMBLING

GENERAL PROVISIONS

§ 941. Opening, conducting or carrying on gambling game—Dealing for those engaged in

game

§ 942. Betting on or playing prohibited game—Punishment

§ 943. Gambling paraphernalia—Disposition

§ 944. Slot machines—Setting up, operating or conducting—Punishment

§ 945. Use of real estate or buildings for gambling purposes—Punishment

§ 946. Illegal use of building or vessel—Nuisance—Penalty

§ 952. Persons jointly charged—Severance

§ 953. Accomplice testimony—Force of same

§ 956. Permitting gambling in building or on grounds

§ 957. Leasing for gambling purposes

§ 959. Witnesses failing to testify

§ 960. Seizure of apparatus and property and delivery to magistrate

§ 961. Testimony, no person excused from giving

SLOT MACHINES AND PUNCH BOARDS

§ 964. "Slot machine" defined

§ 965. "Thing of value" defined

§ 966. "Punch board" defined

§ 967. Words in singular and plural

§ 968. "Person" defined

§ 969. Possession, sale, or lease of slot machines or punch boards prohibited

§ 971. Punch board—Acts prohibited—Punishment

§ 978. Bingo and regulated gaming not prohibited

GAMBLING AND COMMERCIAL GAMBLING ACTIVITIES

§ 981. Definitions

§ 982. Commercial gambling

§ 983. Permitting premises to be used for commercial gambling

§ 985. Possession of a gambling device

§ 987. Dissemination of gambling information

§ 988. Conspiracy

BETTING, ETC., ON RACES

§ 991. Betting or letting premises for betting on races

§ 993. Evidence for prosecution—Accomplices—Immunity for witnesses

BINGO

§ 995.2. Definitions

§ 995.11. Intoxicating and nonintoxicating beverages prohibited

§ 995.12. License required

§ 995.13. Minors

§ 995.15. Penalties

§ 995.18. Severability

CHAPTER 39 CHEROKEE NATION OBSCENITY AND CHILD PORNOGRAPHY ACT

§ 1021. Indecent exposure—Indecent exhibitions—Obscene material or child pornography—

Solicitation of minors

§ 1021.1. Application

§ 1021.2. Minors—Child pornography

§ 1021.3. Guardians, parents, custodians—Consent to participation of minors in child

pornography

§ 1021.4. Duty to report obscene or pornographic material depicting minors—Penalty

§ 1022. Obscene material or child pornography, by whom seized and to whom delivered

§ 1023. Child pornography or obscene material, how disposed of

§ 1024. Attorney General to destroy indecent articles, when

§ 1024.1. Definitions

§ 1024.2. Purchase, procurement or possession of child pornography—Penalty

§ 1024.3. Power to arrest and seizure of obscene material

§ 1024.4. Destruction of obscene material upon conviction

§ 1025. Bawdy house, etc.—Penalty

§ 1026. Disorderly house

§ 1027. Letting building for unlawful purposes

§ 1028. Setting up or operating place of prostitution—Ownership—Renting—Procuring—

Receiving person for forbidden purpose—Transportation—Receiving proceeds

§ 1029. Engaging in prostitution, etc.—Soliciting or procuring—Residing or being in place for prohibited purpose—Aiding, abetting or participating

§ 1030. Prostitution defined—Lewdness defined

§ 1031. Punishment for violations

§ 1040.8. Publication, distribution or participation in preparation of any obscene material or presentation—Unsolicited mailings—Penalty

§§ 1040.9, 1040.10. Repealed by LA 20–08, eff. January 12, 2009

§ 1040.11. Short title

§ 1040.13. Acts prohibited

§ 1040.13a. Facilitating, encouraging, offering or soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor

§ 1040.14. Action for adjudication of obscenity or child pornographic content of mailable matter

§ 1040.15. Petition

§ 1040.16. Summary examination of material—Dismissal or show cause order

§ 1040.17. Answer

§ 1040.18. Trial—Evidence

§ 1040.19. Destruction—Injunction

§ 1040.20. Sending or selling of materials with knowledge of judgment

§ 1040.21. Contempt

§ 1040.22. Extradition

§ 1040.23. Presumptions

§ 1040.24. Jurisdiction—Service of process—Fines—Execution against property

§ 1040.51. Repealed by LA 20–08, eff. January 12, 2009

§ 1040.52. Showing at outdoor theaters of pictures depicting sexual intercourse prohibited under certain conditions—Penalty

§ 1040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibition of obscene motion pictures

§ 1040.54. Seizure and forfeiture of equipment used in certain offenses relating to obscene material or child pornography

§ 1040.75. Definitions

§ 1040.76. Material or performances harmful to minors—Prohibited acts

§ 1040.77. Violations—Penalties

CHAPTER 40 JUNK DEALERS

§ 1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof

within view of preexisting residence

CHAPTER 42 PANDERING

§ 1081. Offense defined—Punishment

§ 1082. Part of offense outside of Nation no defense

§ 1083. Injured party as witness

§ 1084. Marriage no defense

§ 1085. Restraining person in house of prostitution a crime

§ 1086. Allowing offense on premises—Punishment

§ 1087. Offering or transporting child for purpose of prostitution—Penalty

§ 1088. Child under eighteen years of age—Inducing, keeping, detaining or restraining for prostitution—Punishment

CHAPTER 45 RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN AND SEDUCTION

§ 1111. Rape defined

§§ 1111.1, 1112. Repealed by LA 20–08, eff. January 12, 2009

§ 1113. Slight penetration sufficient to complete crime

§§ 1114, 1115. Repealed by LA 20–08, eff. January 12, 2009

§ 1116. Punishment for rape in second degree

§ 1117. Compelling woman to marry

§ 1118. Intent to compel woman to marry

§ 1119. Abduction of person under eighteen

§ 1123. Lewd or indecent proposals or acts as to child under eighteen

§ 1123.1. Sexual battery

§ 1124. Using computer networks to violate Cherokee Nation statutes

§ 1125. Zone of safety

CHAPTER 46 DOMESTIC ABUSE

§ 1130. Domestic abuse assault and battery—Definition

§ 1131. Domestic abuse assault and battery—Punishment

§ 1132. Assault and battery domestic abuse by strangulation—Definition

§ 1133. Domestic abuse strangulation—Punishment

§ 1134. Stalking

CHAPTER 47 VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD

§ 1151. Disposal of one's own body

§ 1152. Duty of burial

§ 1153. Burial in other states

§ 1154. Autopsy—Definition—When allowed

§ 1155. Unlawful dissection a crime

§ 1156. Remains after dissection

§ 1157. Dead limb or member of body

§ 1158. Duty of burial devolves upon whom

§ 1159. Neglect of burial

§ 1160. Persons entitled to custody of body

§ 1161. Unlawful removal of dead body—Violation of or damage to casket or burial vault

§ 1162. Purchasing dead body

§ 1163. Unlawful interference with places of burial

§ 1164. Removal to another burial place

§ 1165. Arresting or attaching dead body

§ 1166. Disturbing funerals

§ 1167. Injury to cemetery or tomb

HUMAN SKELETAL REMAINS AND BURIAL FURNITURE

§ 1168. Definitions

§ 1168.1. Buying, selling, transporting or bartering for profit of human skeletal remains or associated burial furniture—Crime

§ 1168.2. Certain institutions and museums to consult tribal leaders or certain Nation entities before disposition of remains

§ 1168.3. Display of open burial ground, furniture or skeletal remains for profit or

commercial enterprise

§ 1168.4. Discovery of remains or furniture—Reporting and notification procedure

§ 1168.5. Designation of repository for remains and furniture for scientific purposes

§ 1168.6. Penalties

CHAPTER 47A GENERAL AND MISCELLANEOUS PROVISIONS

§ 1171. Loitering around residence to watch occupants

§ 1172. Obscene, threatening or harassing telephone calls—Penalty

PART V. CRIMES AGAINST PUBLIC HEALTH AND SAFETY

CHAPTER 48 GENERAL AND MISCELLANEOUS PROVISIONS

§ 1190. Hazing—Prohibition—Presumption as forced activity—Penalty—Definition

§ 1191. Public nuisance a crime

§ 1192. Spread of infectious diseases

§ 1192.1. Engaging in activity with intent or causing another person to be infected with

human immunodeficiency virus (HIV)

§ 1194. Gas tar, throwing into public water

§ 1195. Quarantine regulations, violating

§ 1198. Fires, refusing to aid at or interfering with others' acts

§ 1199. Contagious disease, exposing oneself or another with

§ 1204. Dump near highway a nuisance

§ 1205. Dumping near highway unlawful—Establishment of dumping ground by city or town

§ 1206. Punishment for violations

§ 1207. Operation of boats or water craft while under influence of intoxicating liquor or drugs in careless, wanton or reckless manner—Penalty

§ 1208. Abandonment of refrigerators and iceboxes in places accessible to children—Penalty

DISASTER AREAS

§ 1209. Disaster areas—Prevention of unauthorized persons from hampering rescue

operations

§ 1210. Definitions

§ 1211. Following of emergency vehicles unlawful

§ 1212. Proceeding to or remaining at disaster area unlawful—Removal of objects

§ 1213. Penalties

§ 1214. Radio or other electronic units capable of receiving on police frequencies—Illegal use defined

§ 1215. Intoxicating beverages—Possession by persons under age twenty-one unlawful

§ 1216. Penalties

§ 1217. Firemen—Interference with performance of duties—Penalty

§ 1220. Transporting intoxicating or nonintoxicating beverage except in original unopened container prohibited—Exceptions—Penalty

CHAPTER 49 ANIMALS AND CARCASSES

§ 1221. Contagious diseases among domestic animals

§ 1222. Disposition of animals dying of contagious or infectious diseases

§ 1223. Leaving carcass in certain places unlawful

§ 1224. Violation of sections regarding carcasses a crime

CHAPTER 50 TOBACCO

§ 1241. Furnishing tobacco products to minors—Punishment

§ 1242. Refusal of minor to disclose place where and person from whom obtained

§ 1247. Smoking in certain public areas prohibited—Punishment

PART VI. CRIMES AGAINST PUBLIC PEACE

CHAPTER 53 MANUFACTURING, SELLING AND WEARING WEAPONS

§ 1272. Carrying weapons—Exceptions

§ 1272.1. Carrying weapons or firearms into establishments wherein beer and intoxicating

liquor are consumed

§ 1272.2. Penalties

§ 1273. Selling or giving weapons to minors

§ 1276. Degree of punishment

§ 1277. Public buildings and gatherings

§ 1278. Intent of persons carrying weapons

§ 1279. Pointing weapon at another

§ 1280. Punishment

§ 1283. Convicted felons prohibited from carrying firearms—Exceptions

§ 1284. Penalty

§ 1286. Reckless conduct defined

§ 1287. Use of firearm or other offensive weapon while committing or attempting to commit a crime—Penalties

§ 1288. Purchases of firearms, ammunition and equipment in contiguous states by Cherokee

Nation residents—Purchases in Cherokee Nation by residents of contiguous states

CHEROKEE NATION FIREARMS ACT OF 1971

§ 1289.1. Short title

§ 1289.2. Council findings

§ 1289.3. "Pistol" defined

§ 1289.4. "Rifle" defined

§ 1289.5. "Shotgun" defined

§ 1289.6. Conditions under which firearms may be carried

§ 1289.7. Firearm in motor vehicle

§ 1289.8. Carrying concealed weapon

§ 1289.9. Carrying or using firearms while under influence of intoxicating liquors or drugs

§ 1289.10. Furnishing firearms to mentally incompetent or insane persons

§ 1289.11. Reckless conduct

§ 1289.12. Selling or transferring of firearms to convicted felons, disturbed persons or

persons under influence of alcohol or drugs—Displaying notice

§ 1289.13. Transporting loaded firearm in motor vehicle

§ 1289.14. Transporting or discharging firearm from boat

§ 1289.15. Penalties

§ 1289.16. Pointing firearms

§ 1289.17. Penalty

§ 1289.18. "Sawed-off shotgun" and "sawed-off rifle" defined—Violations—Penalties—

Defense to prosecution

§ 1289.19. "Restricted bullet" and "body armor" defined

§ 1289.20. Manufacture, importation or advertisement for sale of restricted bullets—Penalty

§ 1289.21. Use or attempted use of restricted bullet and/or body armor—Penalty

§ 1289.22. Exemptions

§ 1289.23. Off-duty peace officers authorized to carry weapons

§ 1289.25. Unlawful entry of dwelling—Physical or deadly force against intruder—

Affirmative defense and immunity from civil liability

CHAPTER 54 MASKS AND DISGUISES; THREATENING LETTERS; UNLAWFUL ORGANIZATIONS

§ 1302. Trespass—Masked person demanding admission to premises

§ 1303. Assaults while masked or disguised

§ 1304. Letters—Mailing threatening or intimidating letters

CHAPTER 55 OTHER CRIMES AGAINST PUBLIC PEACE

ENTRY OR INTRUSION ON REAL ESTATE

§ 1351. Forcible entry and detainer

§ 1352. Returning to possession after lawful removal

MISCELLANEOUS PROVISIONS

§ 1361. Disturbing lawful meeting

§ 1362. Disturbance by loud or unusual noise or abusive, violent, obscene, profane or

threatening language

§ 1363. Use of language calculated to arouse anger or cause breach of peace

§ 1364. Discharging firearms in public place

§ 1368. Possession of explosives by convicted felons—Penalty

§ 1377. Projecting object at public event

PART VII. CRIMES AGAINST PROPERTY

CHAPTER 56 ARSON

§ 1401. Arson in the first degree—Punishment

§ 1402. Arson in the second degree—Punishment

§ 1403. Arson in the third degree—Punishment

§ 1404. Arson in the fourth degree—Punishment

CHAPTER 58 BURGLARY AND HOUSE BREAKING

§ 1431. Burglary in first degree

§ 1435. Burglary in second degree—Acts constituting

§ 1436. Punishment of burglary

§ 1437. Possession of burglar's implements

§ 1438. Entering buildings or structures with certain intent

§ 1439. Dwelling house defined

§ 1440. "Night time" defined

§ 1441. Burglary with explosives—Punishment

CHAPTER 59 EMBEZZLEMENT

§ 1451. "Embezzlement" defined

§ 1452. Embezzlement by officer, etc., of corporation, etc.

§ 1453. Embezzlement by carrier or other person

§ 1454. Embezzlement by trustee

§ 1455. Embezzlement by bailee

§ 1456. Embezzlement by clerk or servant

§ 1457. Distinct taking not necessary

§ 1458. Evidence of debt subject of embezzlement

§ 1459. Property taken under claim of title

§ 1460. Intent to restore no defense

§ 1461. Mitigation of punishment

§ 1462. Punishment for embezzlement

§ 1463. Diversion of Nation funds made crime

CHAPTER 60 EXTORTION AND BLACKMAIL

§ 1481. Extortion defined

§ 1482. Threats constituting extortion

§ 1483. Punishment for extortion

§ 1484. Extortion under color of official right

§ 1485. Obtaining signature by extortion

§ 1486. Letters, threatening

§ 1487. Attempting to extort money

§ 1488. Blackmail

CHAPTER 61 FALSE PRETENSES, FALSE PERSONATIONS, CHEATS AND FRAUDS

FRAUDS IN GENERAL

§ 1500. Real property loans—Securing by false instrument—Penalty

§ 1501. Securing credit fraudulently—Penalty

§ 1503. Defrauding hotels, inns, restaurants, etc.

§ 1510. Destroying evidence of ownership of wrecked property

§ 1518. Misrepresentation of age by false document

§ 1519. Penalties

§ 1520. Provisions as cumulative

§ 1524. Falsely holding out as notary or performing notarial act—Penalty

FALSE PERSONATION

§ 1531. Marriage by impersonator—Becoming bail or surety—Execution of instrument—

Creating liability or benefit

§ 1532. Receiving money or property intended for individual personated

§ 1533. Falsely personating officers and others

FALSE PRETENSES; TRICK OR DECEPTION

§ 1541.1. False or bogus checks

§ 1541.2. False or bogus check; notice of complaint; procedure

§ 1541.3. Repealed by LA 25–02, eff. August 22, 2002

§ 1541.4. "False or bogus check or checks" defined

§ 1541.5. "Credit" defined

§ 1542. Obtaining property or signature under false pretenses

§ 1543. Obtaining signature or property for charitable purposes by false pretenses

§ 1550. Person committing crime in possession or control of firearm with removed, defaced, etc. serial number

CHAPTER 63 FORGERY OR COUNTERFEITING

FORGERY IN FIRST DEGREE

§ 1561. Wills, deeds and certain other instruments, forgery of

§ 1562. Forgery of public securities

FORGERY IN SECOND DEGREE

§ 1571. Public and corporate seals, forgery of

§ 1572. Records, forgery of

§ 1573. Making false entries in record

§ 1585. Forging process of court or title to property, etc.

§ 1586. Making false entries in public book

§ 1593. Falsely obtaining signature

GENERAL PROVISIONS

§ 1621. Punishment for forgery

§ 1622. Fraudulently uttering one's signature as that of another of same name

§ 1623. Fraudulently uttering one's endorsement as another's

§ 1624. Erasure and obliterations

§ 1625. Writing and written defined

§ 1627. False or bogus order directing payment of money

§ 1627.1. False or bogus orders as payment for labor—Penalties

CHAPTER 67 INJURIES TO ANIMALS

§ 1681. Poisoning cattle

§ 1682. Instigating fights between animals

§ 1683. Keeping places for fighting animals

§ 1685. Cruelty to animals

§ 1686. Abandoned animals—Destroyed how

§ 1688. Animals in transit

§ 1689. Poisonous drugs, unjustifiable administration of

§ 1691. Abandoning of domestic animals along streets or highways or in any public place

prohibited

§ 1692. Penalty

DOGFIGHTING

§ 1693. Definitions

§ 1694. Instigating or encouraging dogfight—Crime

§ 1695. Keeping place, equipment or facilities for dogfighting—Crime

§ 1696. Servicing or facilitating dogfight—Crime

§ 1697. Owning, possessing, keeping or training dog for fighting—Crime

§ 1698. Spectators

§ 1699. Seizure, destruction or forfeiture of dogfighting equipment and facilities

§ 1699.2. Exemptions

CHAPTER 68 LARCENY

§ 1701. Larceny defined

§ 1702. Larceny of lost property

§ 1703. Degrees of larceny

§ 1704. Grand and petit larceny defined

§ 1705. Punishment for grand larceny

§ 1706. Punishment for petit larceny

§ 1707. Grand larceny in house or vessel—Punishment

§ 1708. Grand larceny in night time from person—Punishment

§ 1709. Larceny of written instrument—Value

§ 1712. Severed fixture, larceny of

§ 1713. Receiving stolen property—Presumption

§ 1714. Fraudulent consumption of gas

§ 1715. Bringing stolen property into the nation

§ 1716. Larceny of domestic animals

§ 1717. Dog as personal property

§ 1718. Larceny of dogs

§ 1719. Domestic fowls, larceny of—Receiving stolen fowls

§ 1719.1. Larceny of certain fish and game

§ 1720. Automobile, aircraft or other motor vehicle

§ 1721. Tapping pipeline

§ 1722. Taking oil, gas, gasoline or any product thereof—When crime

§ 1723. Larceny from the house

§ 1730. Act as cumulative—Definitions

§ 1738. Seizure and forfeiture proceedings—Vehicles, airplanes, vessels, etc., used in attempt or commission of certain crimes

§ 1739. Library theft

CHAPTER 69 MALICIOUS MISCHIEF

§ 1753. Highways, injuries to

§ 1753.3. Throwing, dropping, depositing, or otherwise placing litter upon highways, roads, or public property—Penalties

§ 1753.4. Erection of signs and markers along state and federal highways

§ 1753.5. Erection of signs and markers along county roads

§ 1753.6. Enforcement

§ 1753.7. Exceptions

§ 1753.8. Defacing, stealing or possessing road signs or markers—Penalties

§ 1754. Obstructing highways—Punishment—Damages

§ 1757. Telephone and telegraph lines—Injuries—Removal or obstruction—Interception of

messages

§ 1758. Irrigation ditches, canals, water lines or conduits—Interference with

§ 1759. Penalty

§ 1760. Malicious injury or destruction of property generally—Punishment—Damages

§ 1761. Following sections do not restrict 21 CNCA § 1760

§ 1761.1. Dumping, etc. of trash on public or private property prohibited—Penalties

§ 1761.2. Illegal dumping on tribal land prohibited—Penalties

§ 1762. Mining claims—Unlawful to tear down legal notice or deface any record

§ 1765. House of worship or contents, injuring

§ 1767.1. Bombs and explosives—Foul, poisonous, offensive or injurious substances—

Telephone threats

§ 1767.2. Violations of preceding section

§ 1767.3. Definitions

§ 1767.4. Tracing of telephone calls—Immunity

§ 1768. Malicious injury to freehold—Carrying away earth, soil or stone

§ 1770. Standing crops, injuring

§ 1771. Injuring fruit, melons or flowers in the day time

§ 1772. Injuring fruit, melons or flowers in the night time

§ 1773. Injuring fruit or ornamental trees

§ 1774. Removing or altering landmarks

§ 1775. Piers or dams, interfering with

§ 1776. Destroying dam

§ 1777. Piles, removing or injuring

§ 1778. Train signal light, removing or masking—False light or signal

§ 1779. Injuring written instruments the false making of which would be forgery

§ 1782. Messages—Disclosing contents of

§ 1784. Works of art or ornamental improvements, injuring

§ 1785. Works of literature or art in public place, injuring

§ 1786. Injuries to pipes and wires

§ 1787. Automobile or motor vehicle, loitering in, injuring or molesting

§ 1788. Penalty

§ 1789. Caves or caverns, injuring

§ 1790. Penalties

CHAPTER 70 OTHER OFFENSES AGAINST PROPERTY RIGHTS

§ 1835. Trespass on posted property after being forbidden or without permission—

Exemptions—Penalty—Entry into pecan grove without consent

§ 1835.1. Entry or presence upon premises of place of business of persons convicted of

certain crimes

SERIAL NUMBERS ON FARM MACHINERY

§ 1841. Destruction, removal, altering, covering or defacing

§ 1842. Exception to application of act

§ 1843. Violations—Punishment

REPORTING OF FIRES

§ 1851. False reporting

§ 1852. Posting of act

§ 1853. Penalty

TELEPHONE SOLICITATION

§ 1861. Information to be furnished by solicitor—Calls exempt—Penalties

ELECTRONIC SOLICITATION

§ 1862. Commercial solicitation by facsimile device—Definitions

§ 1863. Commercial solicitation by facsimile device—Penalties

COMPUTER CRIMES ACT

§ 1951. Short title

§ 1952. Definitions

§ 1953. Prohibited acts

§ 1954. Certain acts as prima facie evidence of violation of act

§ 1955. Penalties—Civil actions

§ 1957. Access of computer, computer system or computer network in one jurisdiction from

another jurisdiction—Bringing of action

§ 1958. Access to computers, computer systems and computer networks prohibited for

certain purposes—Penalty

PART VIII. CONTROLLED DANGEROUS SUBSTANCES

CHAPTER 75 UNIFORM CONTROLLED DANGEROUS SUBSTANCES ACT

ARTICLE I. DEFINITIONS

§ 2101. Definitions

§ 2101.1. Drug paraphernalia—Factors used in determining

§ 2103.1. Investigations—Subpoena power

§ 2107. Narcotics Revolving Fund

ARTICLE II. STANDARDS AND SCHEDULES

§ 2201. Future "controlled dangerous substances" included

§ 2202. Nomenclature in schedules

§ 2203. Schedule I characteristics

§ 2204. Schedule I

§ 2205. Schedule II characteristics

§ 2206. Schedule II

§ 2207. Schedule III characteristics

§ 2208. Schedule III

§ 2209. Schedule IV characteristics

§ 2210. Schedule IV

§ 2211. Schedule V characteristics

§ 2212. Schedule V

ARTICLE IV. OFFENSES AND PENALTIES

§ 2401. Prohibited acts A—Penalties

§ 2401A. School property—Distribution, dispensing or possession of controlled dangerous

substance or Imitation with intent to distribute

§ 2402. Prohibited acts B—Penalties

§ 2403. Prohibited acts C—Penalties

§ 2404. Prohibited acts D—Penalties

§ 2405. Prohibited acts E—Penalties

§ 2407. Prohibited acts G—Penalties

§ 2407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited—Exemptions—Penalties

§ 2408. Endeavor and conspiracy

§ 2409. Additional penalties

§ 2410. Conditional discharge for possession as first offense

§ 2411. General penalty clause

§ 2412. Second or subsequent offenses

§ 2413. Bar to prosecution

§ 2413.1. Gasoline or paint sniffing illegal

TRAFFICKING IN ILLEGAL DRUGS ACT

§ 2414. Short title

§ 2415. Application—Fines and penalties

§ 2416. Apportionment of fines

§ 2417. Drug Abuse Education Revolving Fund

§ 2418. Distributing controlled substance within 1,000 feet of educational facilities, recreation centers or public parks—Penalties

§ 2419. Use of minors in transportation, sale, etc. of controlled dangerous substances—

Penalties

ARTICLE V. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS

§ 2501. Powers of enforcement personnel

§ 2502. Inspections

§ 2503. Property subject to forfeiture

§ 2503.1. Transactions involving proceeds derived from illegal drug activity prohibited—

Penalties

§ 2503.2. Assessment for violation of act

§ 2504. Seizure of property

§ 2505. Summary forfeiture of certain substances

§ 2506. Seizure of property—Notice of seizure and intended forfeiture proceeding—Verified answer and claim to property—Hearing—Evidence and proof—Proceeds of sale

§ 2507. Itemization and submission for destruction

§ 2508. Destruction of seized property

§ 2509. Eradication

§ 2510. Defenses—Descriptions

ARTICLE VI. MISCELLANEOUS

§ 2603. Uniformity of interpretation

§ 2604. Short title

§ 2606. Severability

§ 2608. Headings

TITLE 22 CRIMINAL PROCEDURE

CHAPTER 1 GENERAL PROVISIONS

§ 1. Title of code

§ 2. Information necessary, except when

§ 3. Code not retroactive

§ 4. Construction of words

§ 5. Writing includes printing

§ 6. Oath includes affirmation

§ 7. Signature includes what

§ 8. Application of statutes

§ 9. Common law prevails, when

§ 10. Criminal action defined

§ 11. Prosecution by Nation against person charged

§ 12. Party defendant

§ 13. Right to speedy trial, counsel and witnesses

§ 14. Former jeopardy

§ 15. Testimony against one's self—Restraint during trial and prior to conviction

§ 16. Jury trial—Exceptions

§ 17. Custody and distribution of proceeds from sale of rights arising from criminal act

§ 18. Expungement of records—Persons authorized

CHAPTER 2 PREVENTION OF PUBLIC OFFENSES

GENERAL PROVISIONS

§ 31. Who may resist

§ 32. Resistance by party to be injured

§ 33. Resistance by other person

§ 34. Intervention by officers

§ 35. Persons assisting officers

§ 36. Civil and criminal immunity for private citizens aiding police officers

§ 36.1. Police dog handlers—Civil liability

§ 37.1. Off-duty law enforcement officers—Powers and duties—Liability

§ 39. Benefits for citizens who aid

VICTIM OF RAPE, FORCIBLE SODOMY, OR DOMESTIC ABUSE

§ 40. Definitions

§ 40.1. Victim of rape or forcible sodomy—Notice of rights

§ 40.2. Victim of domestic abuse—Notice of rights

§ 40.3. Victims not to be discouraged from pressing charges—Warrantless arrest of certain persons

§ 40.5. Short title

§ 40.6. Record of reported incidents of domestic abuse—Reports

PROTECTION FROM DOMESTIC ABUSE ACT

§ 60. Short title

§ 60.1. Definitions

§ 60.2. Protective order—Petition: form; filing fee; preparation

§ 60.3. Emergency ex parte order—Hearing

§ 60.4. Service of process—Ex parte orders—Hearing—Protective orders—Period of relief

§ 60.5. Copies of ex parte or final protective orders to be sent to appropriate law enforcement agencies

§ 60.6. Violation of ex parte or final protective order—Penalty

§ 60.7. Statewide validity of orders

RESISTANCE TO EXECUTION OF PROCESS

§ 93. Refusal to assist officer a misdemeanor

CHAPTER 3 JURISDICTION AND COMMITMENT

JURISDICTION AND VENUE

§ 121. Offenses commenced outside and consummated within the Nation

§ 126. Kidnapping, enticing away children and similar offenses, jurisdiction

§ 129. Accessory, jurisdiction in case of

§ 130. Conviction or acquittal outside Nation a bar

§ 133. Stealing property in another jurisdiction—Receiving such stolen property

§ 134. Murder or manslaughter, jurisdiction in certain cases

§ 135. Principal not present, jurisdiction

LIMITATIONS

§ 151. No limitation of prosecution for murder

§ 152. Limitations in general

§ 153. Absence from Nation, limitation does not run

MAGISTRATES

§ 161. Magistrate defined

§ 162. Who are Magistrates

ARREST AND TAKING BEFORE MAGISTRATE

§ 171. Complaint—Issuance of warrant of arrest

§ 172. Form of warrant

WARRANTS AND TAKING BEFORE MAGISTRATE

§ 173. Requisites of warrant

§ 174. Warrant directed to whom

§ 178. Proceedings when bail is taken

§ 179. When bail is not given

§ 180. Magistrate absent—Taking defendant before another

§ 181. Delay in taking before Magistrate not permitted

§ 186. Arrest defined

§ 187. Arrest made by whom

§ 188. Aid to officer

§ 189. Arrest, when made

§ 190. Arrest, how made

§ 191. Restraint which is permissible

§ 192. Officer must show warrant

§ 193. Resistance, means to overcome

§ 194. Officer may break open door or window, when

§ 195. Officer's breaking door or window to liberate himself or another arrester

§ 196. Arrest without warrant by officer

§ 197. Arrest without warrant, breaking door or window

§ 198. Nighttime, arrest of suspected criminal

§ 199. Authority must be stated on arrest without warrant, when

§ 200. Arrest by bystander—Officer may take defendant before Magistrate

§ 201. Offense committed in presence of Magistrate

§ 202. Arrest by private person

§ 203. Private person must inform person of cause of arrest

§ 204. Private person may break door or window

§ 205. Private person making arrest must take defendant to Magistrate or officer

§ 206. Disarming person arrested

§ 207. Pursuit and arrest of escaped prisoner

§ 208. Breaking door or window to arrest person escaping

§ 209. Citation to appear—Issuance—Summons—Failure to appear

§ 221. Fresh pursuit

§ 222. Exception

§ 231. Crimes—Warrant for arrest—Complaint submitted to Prosecuting Attorney—Cost

bond

§ 232. Form of cost bond

§ 233. Judgment on bond

EXAMINATION AND COMMITMENT

§ 251. Magistrate must inform defendant of charge and rights

§ 252. Defendant allowed counsel—Messages to counsel—Change of venue

§ 270. Witnesses to give undertaking

§ 271. Sureties may be required for witness

§ 273. Witness not giving undertaking committed, when

§ 274. Subsequent security may be demanded—Arrest of witness

§ 275. Arrested witness may be confined

§ 277. Deaf-mute charged with commission of offense—Right to interpreter

§ 278. Arrest of deaf-mute—Interpreter—Evidence

§ 279. Qualified interpreter

§ 280. Per diem and mileage

CHAPTER 4 PROCEEDINGS AFTER COMMITMENT

GENERAL PROVISIONS

§ 301. Manner of prosecution of offenses

§ 303. Subscription, endorsement and verification of information—Excusing endorsement

§ 304. Information may be amended

§ 387. Forms and rules of pleading

§ 388. Information first pleading

REQUISITES AND SUFFICIENCY OF INDICTMENT OR INFORMATION

§ 401. Requisites of information

§ 402. Information certain and direct

§ 403. Designation of defendant by fictitious name

§ 404. Single offense to be charged—Different counts

§ 405. Allegation of time

§ 406. Misdescription of person injured or intended to be injured

§ 407. Words, how construed

§ 408. Statute not strictly pursued

§ 409. Information, when sufficient

§ 410. Immaterial informalities to be disregarded

§ 411. Matters which need not be stated

§ 412. Pleading a judgment

§ 413. Pleading private statute

INDICTMENTS AND INFORMATIONS FOR PARTICULAR OFFENSES

§ 421. Arson—Omission or error in designating owner or occupant

§ 423. Forgery, misdescription of forged instrument immaterial, when

§ 424. Perjury, information for

§ 425. Larceny or embezzlement, information for

§ 426. Obscene literature, information for handling

PARTIES PROSECUTED

§ 431. Several defendants

§ 432. Accessories and principals in crime

§ 433. Accessory tried independently of principal

§ 434. Compounding a crime—Separate prosecution

JOINDER OF OFFENSES AND OF DEFENDANTS

§ 436. Charging of two or more defendants in same information—Counts

§ 437. Singular to include the plural

§ 438. Trial of two or more informations

§ 439. Relief from prejudicial joinder

CHAPTER 7PROCEEDINGS BEFORE TRIAL

ARRAIGNMENT AND APPEARANCE

§ 451. Arraignment

§ 452. Defendant must appear personally, when

§ 453. Officer to bring defendant before Court

§ 454. Bench warrant to issue, when

§ 455. Bench warrant may issue

§ 456. Bench warrant, form of, in case of felony

§ 457. Bench warrant in case

§ 458. Court to fix amount of bail—Endorsement

§ 459. Defendant held when offense not bailable

§ 464. Counsel before trial—Compensation—Expert witnesses

§ 465. Arraignment made, how

§ 466. Name of defendant

§ 466A. Tribe of defendant

§ 467. Proceedings when defendant gives no other name

§ 468. Proceedings where another name given

PLEADINGS AND MOTIONS

§ 491. Time to answer information

§ 492. Pleading to information

§ 493. Information set aside, when

§ 494. Hearing on motion to set aside information

§ 495. Witnesses on hearing to set aside information

§ 496. Objection to information waived, when

§ 497. Motion to set aside information heard, when

§ 498. Defendant to answer information, when

§ 499. Motion sustained—Defendant discharged, or bail exonerated, when

§ 500. Resubmission of case—Bail

§ 501. Setting aside information not a bar

§ 502. Defendant's pleadings

§ 503. Defendant to plead in open court

§ 504. Demurrer to information

§ 505. Demurrer to information, requisites of

§ 506. Hearing on demurrer

§ 507. Ruling on demurrer

§ 508. Demurrer sustained, effect of

§ 509. Demurrer sustained—Defendant discharged or bail exonerated, when

§ 510. Proceedings if case resubmitted

§ 511. Demurrer overruled, defendant to plead

§ 512. Certain objections, how taken

§ 513. Pleas to indictment or information

§ 514. Pleas to be oral—Entry

§ 515. Form of plea

§ 516. Plea of guilty

§ 517. Plea of guilty may be withdrawn

§ 518. Plea of not guilty, issues on

§ 519. Plea of not guilty, evidence under

§ 520. Acquittal, what does not constitute

§ 521. Acquittal, what constitutes

§ 522. Former acquittal or conviction as bar

§ 523. Refusal to plead

MISCELLANEOUS PROVISIONS

§ 581. Issue of fact arises, when

§ 582. Issue of fact, how tried

§ 583. Defendant must be present, when

§ 584. Postponement for cause

§ 585. Postponement for investigation of claimed alibi

CHAPTER 8 JURY—FORMATION

GENERAL PROVISIONS

§ 591. Same jurors in both civil and criminal actions

§ 592. Trial jury—How formed

§ 593. Clerk to prepare and deposit ballots

§ 594. Names of panel called, when—Attachment for absent jurors

§ 595. Manner of drawing jury from box

§ 596. Disposition of ballots

§ 597. Disposition of ballots—After jury discharged

§ 598. Disposition of ballot—When juror is absent or excused

§ 599. Jurors summoned to complete jury—Treated as original panel

§ 600. Drawing the jury

§ 601. Number of jurors—Oaths—Fines not exceeding Two Hundred Dollars

§ 601A. Alternate jurors—Challenges—Oath or affirmation—Attendance upon trial

§ 601B. Protracted deliberations—Sequestration of alternate jurors

§ 602. Affirmation

CHALLENGES GENERALLY

§ 621. Challenges classed

§ 622. Several defendants—Challenges

CHALLENGES TO PANEL

§ 631. Panel defined

§ 632. Challenge to panel

§ 633. Challenge to panel, causes for

§ 634. When taken—Form and requisites

§ 635. Issue on the challenge—Trying sufficiency

§ 636. Challenge and exception may be amended or withdrawn

§ 637. Denial of challenge—Trial of fact questions

§ 638. Trial of challenge

§ 639. Bias of officer, challenge for

§ 640. Procedure after decision of challenge

CHALLENGES TO INDIVIDUAL JURORS

§ 651. Defendant to be informed of right to challenge

§ 652. Classes of challenge to individual

§ 653. When challenge taken

§ 654. Peremptory challenge defined

§ 655. Peremptory challenges—Number allowed

§ 656. Challenge for cause

§ 657. Challenges for cause classified

§ 658. Causes for challenge, in general

§ 659. Particular causes—Implied bias—Actual bias

§ 660. Implied bias, challenge for

§ 661. Right of exemption from service not cause for challenge

§ 662. Cause for challenge must be stated—Form and entry of challenge—Juror not

disqualified for having formed opinion, when

§ 663. Exception to the challenge

§ 664. Trial of challenges

§ 665. Trial of challenge—Examining jurors

§ 666. Other witnesses

§ 667. Ruling on challenge

ORDER OF TAKING CHALLENGES

§ 691. Challenges to individual jurors

§ 692. Order of challenges for cause

§ 693. Peremptory challenges

CHAPTER 9 WITNESSES

§ 701. Defendant a competent witness—Comment on failure to testify—Presumptions

§ 702. Civil rules of evidence applicable to criminal cases—Husband or wife as witness

§ 703. Subpoena defined

§ 704. Magistrate may issue subpoena

§ 706. Issuing subpoenas for trial

§ 707. Defendant's subpoenas

§ 708. Form of subpoena

§ 709. Continuances, witnesses must take notice of

§ 710. Subpoena duces tecum

§ 711. Service of subpoena by whom—Return

§ 712. Service, manner of

§ 715. Witness residing out of county

§ 716. Disobedience to subpoena

§ 717. Disobeying defendant's subpoena—Forfeiture

§ 718. Witnesses—Fees and mileage

§ 719. Persons held as material witnesses to be informed of constitutional rights—Fees

CHAPTER 10 EVIDENCE AND DEPOSITIONS

EVIDENCE GENERALLY

§ 741. Overt act in conspiracy

§ 742. Accomplice, testimony of

§ 743. False pretenses, evidence of

§ 744. Seduction, corroboration of prosecutrix

§ 745. Murder, burden of proof in mitigation of

§ 746. Bigamy, proof on trial for

§ 748. Perjury in Court, evidence as to

§ 749. Sworn statements taken by Prosecuting Attorney or peace officer of persons having

knowledge of criminal offense—Use

§ 750. Rape prosecutions—Evidence of complaining witness' previous sexual conduct

inadmissible—Exception

§ 751. Admission of findings—State Bureau of Investigation laboratory—Controlled

dangerous substances—Release by court order

§ 752. Admissibility of recorded statement of child twelve years of age or younger

§ 753. Taking testimony of child age twelve or under in room other than courtroom—

Recording

DEPOSITIONS

§ 761. Examination of witnesses conditionally for defendant

§ 762. Conditional examinations in certain cases

§ 763. Affidavit on application for conditional examination

§ 764. Application made to Court or Judge—Notice

§ 765. Order for examination

§ 766. Examination before Magistrate

§ 767. When examination shall not proceed

§ 768. Attendance of witness enforced, how

§ 769. Taking and authentication of testimony

§ 770. Deposition read in evidence, when—Objections to questions therein

§ 771. Prisoner, deposition of—Oath

CHAPTER 11 DISMISSAL OF PROSECUTION

§ 811. Discharge when no indictment found

§ 812. Next term, dismissal when not brought to trial at

§ 813. Continuance when—Release of defendant

§ 814. Effect of dismissing action

§ 815. Dismissal by Court or on Prosecuting Attorney's application

§ 816. Nolle prosequi abolished

§ 817. Dismissal not to bar to another prosecution

CHAPTER 12 TRIAL

§ 831. Order of trial proceedings

§ 832. Court to decide the law

§ 834. Jury limited to questions of fact

§ 836. Defendant presumed innocent—Reasonable doubt of guilt requires acquittal

§ 837. Doubt as to degree of guilt

§ 839. Discharge of defendant that he may testify for Nation

§ 840. Discharge of defendant that he may testify for codefendant

§ 841. Higher offense than charged, existence of—Jury discharged

§ 842. Discharge of jury not a former acquittal

§ 843. Trial on original indictment, when

§ 844. Jury may be discharged, when

§ 845. Disposition of prisoner on discharge of jury

§ 849. Duty of Court where no offense charged

§ 850. Court may advise jury to acquit

§ 851. Jury may view place—Custody of sworn officer

§ 852. Juror must declare knowledge of case

§ 853. Custody and conduct of jury before submission—Separation—Sworn officer

§ 854. Court must admonish jury as to conduct

§ 855. Sickness or death of juror—New juror sworn

§ 856. Requisites of charge of Court—Presentation of written charge—Request to charge—

Endorsement of disposition on charge presented—Partial refusal

§ 857. Jury after the charge—Decision in court—Retirement for deliberation—Custody of

officer—Conduct of jury—Return into court

§ 858. Defendant admitted to bail may be committed during trial

§ 859. Substitute for Prosecuting Attorney failing or unable to attend trial or disqualified

§ 861. Formal exceptions to rulings or orders unnecessary

CHAPTER 13 JURY—DELIBERATIONS AND CONDUCT

§ 891. Jury room—Expenses of providing

§ 893. Jury may have written instructions, forms of verdict and documents injury room—

Copies of public or private documents

§ 894. Jury brought into court for information—Presence of, or notice to, parties

§ 895. Illness of juror after retirement—Accident or cause preventing keeping together—

Discharge

§ 896. Discharge after agreement on verdict or showing of inability to agree

§ 897. Retrial after discharge at same or other term

§ 898. Court during jury's retirement—Sealed verdicts—Final adjournment for term

discharges jury

CHAPTER 14 VERDICT

§ 911. Return of jury into court upon agreement—Discharge on failure of some jurors to

appear

§ 912. Presence of defendant required in criminal cases when verdict received

§ 913. Proceedings when jury appear

§ 914. Form of verdict

§ 915. Degree of crime must be found

§ 916. Included offense or attempt may be found

§ 917. Several defendants—Verdict as to part—Retrial as to defendants not agreed on

§ 918. Jury may reconsider verdict of conviction for mistake of law—Return of same verdict

§ 919. Informal verdict to be reconsidered

§ 920. Judgment when jury persist in informal verdict

§ 921. Polling jury

§ 922. Recording and reading verdict—Disagreement of jurors entered upon minutes—

Discharge if no disagreement

§ 923. Defendant discharged on acquittal—Variance resulting in acquittal may authorize

new charges

§ 924. Commitment upon conviction

§ 925. Claim of insanity—Duty of Court and jury—Commitment to institution

§ 926. Punishment, jury may assess, when

§ 927. Punishment, Court to assess, when

§ 928. Excess punishment to be disregarded

§ 929. Remand for vacation of sentence—New sentencing proceeding—Construction of

section

CHAPTER 15 NEW TRIAL—ARREST OF JUDGMENT

§ 951. New trial defined—Proceedings on new trial—Former verdict no bar

§ 952. Grounds for new trial—Affidavits and testimony

§ 953. Time for applying for new trial—Limitations

§ 954. Motion in arrest of judgment—Definition—Grounds—Time for

§ 955. Court may arrest on its own motion—Effect of allowing motion

§ 956. Proceedings after motion for arrest of judgment sustained

CHAPTER 16 JUDGMENT AND EXECUTION

GENERAL PROVISIONS

§ 961. Court appoints time for pronouncing judgment

§ 962. Time for pronouncing verdict specified

§ 964. Officer may be directed to produce prisoner

§ 965. Warrant for defendant not appearing—Forfeiture of bond or bail money

§ 966. Clerk to issue bench warrant—Several counties

§ 967. Form of bench warrant

§ 968. Service of bench warrant, mode of

§ 969. Defendant to be arrested

§ 970. Defendant informed of proceedings

§ 971. Defendant may show cause against judgment—Grounds—Proceedings

§ 972. Rendition of judgment where cause against it not shown

§ 973. Court may hear further evidence, when

§ 974. Testimony—How presented—Deposition of sick or infirm witness

§ 975. Other evidence in aggravation or mitigation of punishment prohibited

§ 976. Sentencing for multiple offenses—Concurrent sentences

§ 977. Entry of judgment—Papers filed by the Clerk—Record

§ 978. Certified copy of judgment furnished to officer—Officer authorized to execute

judgment

§ 979. Execution of judgment by Marshal or Sheriff in certain cases—Delivery to proper

officer in other cases

§ 979A. Payment of penal institution costs by inmate

§ 981. Authority of officer while conveying prisoner—Assistance of citizens—Penalty for

refusing assistance

§ 982. Presentence investigation

§ 983. Imprisonment or recommendation of suspension of driving privileges for failure to

pay fines or costs—Persons unable to pay—Hearing—Installments

SUSPENSION OF JUDGMENT AND SENTENCE

§ 991A. Sentence—Powers of Court—County community service sentencing programs

§ 991A–2. Nonviolent criminals—Night or weekend incarceration

§ 991A–3. Restitution to buyer of property unlawfully obtained

§ 991A–4. Community service sentencing program—Eligible offenders—Presentence

investigation—Recommendation and imposition of sentence—Earned credits—Notice of

completion—Immunity from tort liability

ELDERLY AND INCAPACITATED VICTIM'S PROTECTION PROGRAM

§ 991A–5. Short title

§ 991A–6. Purpose

§ 991A–7. Definitions

§ 991A–8. Offenses to which act applies

§ 991A–9. Enhancement of sentence

§ 991A–10. Restitution to victim—Determinations by Court

§ 991A–11. Seizure of property—Forfeiture for sale—Notice of proceedings—Answer and

claim to property—Hearing—Proof of claim—Sale under judgment—Distribution of

proceeds

§ 991B. Revocation in whole or in part of suspended sentence—Hearing—Review

§ 991C. Deferred judgment procedure

§ 991D. Probation fee—Restitution administration fee—Drug and alcohol testing fees

§ 991F. Definitions

§ 994. Suspension of judgment and sentence after appeal

§ 995. Administration of probation—Parole services

§ 996. The Powers of the Court

§ 997. Community service unit

CHAPTER 18 APPEALS

§ 1051. Right of appeal—Review—Corrective jurisdiction—Procedure—Scope of review on

certiorari

§ 1052. How governed

§ 1053. Cherokee Nation may appeal in what cases

§ 1053.1. Automatic appeal of judgments holding statutes unconstitutional in criminal

actions

§ 1054. Time for taking appeal—Transcript—Notification of nonfiling of case made or

transcript

§ 1054.1. Perfecting appeal without filing motion for new trial

§ 1056. Appeal by Nation not to suspend judgment

§ 1058. Conditions of bond—Surrender by sureties—Stay of execution—Confinement of

defendant when crime not bailable

§ 1062. Exceptions

§ 1065. Defendants may appeal jointly or severally

§ 1066. Power of appellate court—Return by Clerk of lower court when new trial granted

§ 1067. Order when no offense committed—When indictment defective

§ 1069. Appeal not dismissed for informality

§ 1070. Judgment to be executed on affirmance

§ 1071. Opinions to be recorded

§ 1072. Record and enforcement of mandate or order in lower court—Return by Clerk of

lower court to Clerk of Supreme Court

§ 1076. Notice to defendant of his right to appeal—Stay of execution of judgment

§ 1077. Bail allowable

§ 1078. Amount of bond—Time to make appeal bond—Stay pending appeal—Additional

bond

§ 1079. Denial of bail—Review by habeas corpus

CHAPTER 19 BAIL

§ 1101. Offenses bailable—Who may take bail

§ 1104. Qualifications of bail—Justification

§ 1105. Defendant discharged on giving bail

§ 1106. Deposit for bail

§ 1107. Arrest of defendant by bail—Commitment of defendant and exoneration of bail

§ 1108. Forfeiture of bail

§ 1109. Additional security may be required

§ 1110. Jumping bail—Penalties

BAIL BOND PROCEDURE ACT

§ 1115. Short title—Application

§ 1115.1. Release on personal recognizance—Arraignment—Plea—Failure to plead or appear

§ 1115.2. Posting bail after release on personal recognizance for traffic violation—Failure to

appear—Person ineligible for release on personal recognizance—Juveniles

§ 1115.3. Pre-set bail

§ 1115.4. Dishonored check—Bench warrant and arrest of issuer

§ 1115.5. Appearance before Magistrate before bail set in certain cases

§ 1115.6. Consideration of certain victims' safety prior to release of defendant on bond—Emergency protective, restraining orders and condition of release

CHAPTER 20 FUGITIVES FROM JUSTICE

§ 1141. Extradition

CHAPTER 21 HABEAS CORPUS

§ 1151. Habeas corpus for person to testify or be surrendered on bail

CHAPTER 22 INSANITY OF ACCUSED

§ 1161. Acts of insane person not punishable—Acquittal on ground of insanity—Discharge

procedure

§ 1162. Jury to try sanity

§ 1163. Sanity hearing—Criminal trial to be suspended

§ 1164. Order of trial of sanity

§ 1165. Rules governing sanity trial

§ 1166. Sanity hearing—Trial or judgment to proceed if defendant sane

§ 1167. Finding of insanity—Suspension of trial or judgment—Commitment to Nation

hospital

§ 1168. Commitment in sanity hearing exonerates bail

§ 1169. Restoration to sanity

DETERMINATION OF COMPETENCY—PROCEDURE

§ 1175.1. Definitions

§ 1175.2. Application for determination of competency—Service—Notice—Suspension of

criminal proceedings

§ 1175.3. Hearing—Date—Evidence—Orders—Examination of accused—Instructions to

physician

§ 1175.4. Post-examination competency hearing—Evidence—Presumptions—Jury trial—Presence of accused—Witnesses—Instructions

§ 1175.5. Questions to be answered in determining competency

§ 1175.6. Disposition orders

§ 1175.7. Persons incompetent but capable of achieving competency within reasonable

time—Treatment order—Medical supervisor—Commitment—Private treatment

§ 1175.8. Resumption of competency

§ 1176. Raising issue of mental illness or insanity at time of offense

CHAPTER 24 SEARCHES AND SEIZURES

GENERAL PROVISIONS

§ 1221. Search warrant defined

§ 1222. Grounds for issuance of search warrant—Seizure of property

§ 1223. Probable cause must be shown

§ 1223.1. Electronically recorded oral statement—Transcription

§ 1224.1. Oral testimony supplemental to affidavit

§ 1224.2. Filing and indexing of documents

§ 1225. Requisites of search warrant—Issuing Magistrate

§ 1226. Form of search warrant

§ 1227. Service of search warrant

§ 1228. Execution of search warrant

§ 1229. Execution of search warrant—Liberating person detained

§ 1230. Search warrant may be served, when

§ 1231. Search warrant void after ten days

§ 1232. Disposition of property recovered

§ 1233. Return of search warrant

§ 1234. Inventory to be furnished, when

§ 1235. Hearing on issuance of warrant

§ 1236. Testimony on hearing for warrant

§ 1237. Restoration of property to person searched

§ 1238. Papers returned to District Court

§ 1239. Procuring search warrant without cause

§ 1240. Officer exceeding his authority

§ 1241. Search of defendant for weapons or evidence

LIQUORS AND GAMBLING PARAPHERNALIA

§ 1261. Seized property—Report and disposition

CHAPTER 25 MISCELLANEOUS PROVISIONS

IN GENERAL

§ 1271. Compensation of Counsel assigned defendant

§ 1272. Affidavits or depositions need not be entitled

§ 1273. Informalities or errors not fatal if not prejudicial

§ 1275. Clerk to keep record of indictments, informations and bonds

§ 1276. Record of informations and bonds not public

§ 1278. Interpreters for deaf mutes—Appointment—Oath—Compensation

CRIMINAL PROCEEDINGS AGAINST CORPORATIONS

§ 1301. Information against corporation—Summons

§ 1302. Form of summons

§ 1303. Service of summons

§ 1307. Appearance and plea by corporation

§ 1308. Conviction of corporation—Fine collected, how

STOLEN PROPERTY AND PROPERTY TAKEN FROM DEFENDAN

§ 1321. Custody and return of stolen or embezzled property

§ 1322. Stolen property—Magistrate to order delivery, when

§ 1323. Magistrate to deliver stolen property, when

§ 1324. Trial Court may deliver stolen property

§ 1325. Unclaimed property or money in Sheriff's possession—Disposition—Procedure

§ 1326. Receipts for property taken from defendant

§ 1327. Disposition of exhibits

§ 1333. Clerk's fees

REWARDS

§ 1334. Dumping, etc. of trash on public or private property—Evidence—Rewards

SHOPLIFTING

§ 1341. Definitions

§ 1342. Peace officers—Arrest without warrant

§ 1343. Detention of suspect—Purposes

§ 1344. Concealing unpurchased merchandise—Presumption

TITLE 23 DAMAGES

Reserved for Future Use

TITLE 24 DEBTOR AND CREDITOR

CHAPTER 1 USE OF PROPERTY TO SECURE DEBTS OF SPOUSE

§ 1. Use of property to secure debts of spouse

TITLE 25 DEFINITIONS AND GENERAL PROVISIONS

CHAPTER 1 GENERAL PROVISIONS

§ 1. Citation of Code

§ 2. Construction of statutes generally

§ 3. Construction of definitions

§ 4. Computation of time

§ 5. Severability

§ 6. General repeal of laws not included—Affirmation of laws included in this Code

§ 7. Codification of laws

§ 8. Code Subcommittee—Establishment—Composition—Compensation of members—Meetings

§ 9. Code Subcommittee—Powers and duties generally

§ 10. Code Subcommittee—Review of bills and resolutions

CHAPTER 2 LAWS AND RESOLUTIONS

§ 21. Definition and style of laws

§ 22. Recording of votes on laws

§ 23. Effective date of laws

§ 24. Form and effect of emergency clauses

§ 25. Publication of laws

§ 26. Indexing and maintenance of laws—Availability for public inspection

§ 27. Definition and style of resolutions

TITLE 26 ELECTIONS

§ 1. Purpose

§ 2. Authority

§ 3. Definitions

§ 4. Tenure of elected officials

§§ 5 to 10. Reserved

CHAPTER 2 SUPERVISORY BODIES AND ELECTION SERVICES OFFICE

§ 11. Cherokee Nation Election Commission

§ 12. Precinct Boards

§ 13. Oath

§ 14. Election Services Office

§§ 15 to 20. Reserved

CHAPTER 3 QUALIFICATIONS AND REGISTRATION OF VOTERS

§ 21. Eligibility to vote

§ 22. Registration process

§ 23. Voter database—Coordination with Registrar—Preparation of list of voters

§ 24. Removal of names from the voter lists

§ 25. Obtaining list—Duplication of list

§§ 26 to 30. Reserved

CHAPTER 4 QUALIFICATIONS OF AND FILING BY CANDIDATES

§ 31. General qualifications of candidates for elective office—Certifications and

acknowledgments

§ 32. Special qualifications for Principal Chief and Deputy Principal Chief

§ 33. Special qualifications for Council

§ 34. Establishment of residency

§ 35. Filing fees generally

§ 36. Filing of candidacy—Withdrawal of candidacy

§ 37. Challenges

§ 38. Interference with and improper influences of the Election Commission

§§ 39, 40. Reserved

CHAPTER 5 DISCLOSURE OF CAMPAIGN FINANCES

§ 41. Definitions

§ 42. Designation of financial agent filing—Penalty

§ 43. Restrictions related to contributions

§ 44. Candidate requirements related to acceptance of campaign contributions and

expenditures

§ 45. Sanctions for violations of contribution and expenditure requirements and prohibitions

§ 46. Financial disclosure report—Forms—Time of filing—corrections—Late filing—Failure

to file

§ 47. Financial disclosure report—Contents

§§ 48 to 50. Reserved

CHAPTER 6 CONDUCT OF ELECTIONS

ARTICLE I. GENERAL PROVISIONS

§ 51. Official election dates—Notice

§ 52. Electioneering

§ 53. Watchers

§§ 54 to 60. Reserved

ARTICLE II. VOTING GENERALLY

§ 61. Precinct and hours—Notice

§ 62. Manner of voting generally

§ 63. Voting by persons with physical disabilities or language barriers

§ 64. Challenged ballots

§ 65. Spoiled ballots

§ 66. Mutilated ballots

§§ 67 to 70. Reserved

ARTICLE III. ABSENTEE VOTING

§ 71. Allowance of absentee voting

§ 72. Requests for absentee ballots generally

§ 73. Time for filing of requests for absentee ballots—Furnishing of ballots generally

§ 74. Procedure upon rejection of application for absentee ballot

§ 75. Transmittal of ballots to voters generally—Preparation of record of ballots issued

§ 76. Form of absentee ballot

§ 77. Material to accompany absentee ballot generally

§ 78. Return of absentee ballot

§ 79. Handling of returned absentee ballot generally

§ 80. Handling of spoiled absentee ballot

§ 81. Furnishing list of voters requesting absentee ballots to precincts

§ 82. Crediting of absentee voters

§§ 83 to 90. Reserved

ARTICLE IV. COUNT AND RETURN OF VOTES—RECOUNTS AND RUNOFFS

§ 91. Processing of absentee ballot affidavits

§ 92. Counting of absentee ballots

§ 93. Counting—certificate of votes and consolidated return—Preservation of materials—

Certification of results

§ 94. Recounts

§ 95. Runoffs

§§ 96 to 100. Reserved

ARTICLE V. CHALLENGES TO ELECTION RESULTS

§ 101. Procedure for election appeals generally

§ 102. Conduct of appeal hearings

§ 103. New election where determination of contest impossible

TITLE 27 ENVIRONMENTAL QUALITY

CHAPTER 1 ENVIRONMENTAL PROTECTION COMMISSION

§ 100. Short title

§ 101. Establishment of the Cherokee Nation Environmental Protection Commission

§ 102. Regulations

§ 103. Personal jurisdiction

§ 104. Territorial jurisdiction

§ 105. Repealed by LA 31–04, eff. July 16, 2004

§ 106. EPA authorization

§ 107. Severability

§ 108. Applicability

§ 109. Review of Commission actions

§ 110. Removal of Commissioners

CHAPTER 2 DEFINITIONS AND GENERAL PROVISIONS

§ 201. Definitions

§ 202. Supplemental definitions

§ 203. Rules and adoption by reference

§ 204. Authorities

§ 205. Inspections and records

§ 206. Pollution unlawful

§ 207. Administrative proceedings

§ 208. Violations and penalties

§ 209. Environmental Quality Revolving Fund

CHAPTER 3 CHEROKEE NATION ENVIRONMENTAL POLICY

§ 301. Purpose

§ 302. Policies and goals

§ 303. Implementing regulations

§ 304. Cooperation of Cherokee Nation Departments

§ 305. Conformity of administrative procedures

§ 306. Statutory obligations

§ 307. Policy supplementary

CHAPTER 4 AIR QUALITY

§ 401. Short title

§ 402. Purpose

§ 403. Reserved

§ 404. Definitions

§ 405. Powers and duties

§ 406. Controlled open burning

§ 407. Rules and regulations

§ 408. Delegation of authority

§ 409. Variances

§ 410. Violations

§ 411. Reserved

§ 412. Comprehensive permitting program—Issuance, denial or renewal

§ 413. Permit fees—Environmental Programs Revolving Fund

§ 414. Implementation and enforcement of federal emission standards—Oil and gas well and

equipment emissions

§ 415. Reserved

§ 416. Violations—Penalties

§ 417. Civil actions

CHAPTER 5 HISTORICAL AND CULTURAL PRESERVATION

CHAPTER 6 SOLID WASTE

GENERAL PROVISIONS

§ 601. Short title

§ 602. Purpose

§ 603. Definitions

§ 604. Policy

§ 605. Powers and duties

§ 606. Authority to administer and implement federal laws and programs

§ 607. Cherokee Nation Recycling Initiative

§ 608. Permit required—Exemptions

§ 609. Disclosure statement upon application—Revocation, or refusal to issue, amend,

modify, renew or transfer permit—Failure to disclose or stating false information—Penalty

§ 610. Availability of administrative permit hearing

§ 611. Appeal of issuance of permit—Stay of time restraints

§ 612. Nonhazardous industrial solid waste landfills—Permit—Restrictions

§ 613. Site closure plan—Financial security

§ 614. Vegetation plan

§ 615. Scales—Fees, exemptions—Expenditure of funds—Recycling project contracts—

Annual report

§ 616. Development of plan

STORAGE TANK ACCOUNTABILITY AND REGULATORY SYSTEM (STARS)

§ 661. Short title

§ 662. Legislative intent—Public policy

§ 663. Definitions

§ 664. Exemptions and case-by-case determinations

§ 665. Environmental Programs designated to administer certain federal programs

§ 666. Powers and duties

§ 667. Registration, fees and permit applications

§ 668. Operation without permit prohibited—Application form—Denial, refusal to issue,

suspension or revocation—Financial responsibility coverage

§ 669. Rules governing storage tank systems

§ 670. Releases from storage tank systems—Reporting

§ 671. Release from storage tank system—Corrective action

§ 672. Emergency response plans, coordination and incidental powers

§ 673. Inspections and investigations—Violations—Notice—Failure to take corrective

action—Hearings—Orders—Access to real property

§ 674. Penalties

§ 675. Records, reports and information—Public inspection—Confidentiality—Disclosure to

federal or tribal representatives

CHAPTER 7 TOXIC AND HAZARDOUS SUBSTANCE CONTROL

GENERAL PROVISIONS

§ 701. Findings, policy and intent

§ 702. Definitions

§ 703. Testing of chemical substances and mixtures

§ 704. Regulation of hazardous chemical substances and mixtures

§ 705. Imminent hazards

§ 706. Inspections and subpoenas

§ 707. Prohibited acts

§ 708. Penalties

§ 709. Specific enforcement and seizure

§ 710. Judicial review

INDOOR RADON ABATEMENT

§ 711A. National goal

§ 711B. Model construction standards and techniques

§ 711C. Education

CHAPTER 8 PESTICIDE APPLICATION NOTIFICATION SYSTEM

§ 801. Short title

§ 802. Purpose

§ 803. Definitions

§ 804. Establishment of policies

CHAPTER 9 WATER QUALITY CODE

GENERAL PROVISIONS

§ 900. Short title

§ 901. Declaration of policy and authority

§ 902. Definitions

§ 903. Powers and duties of Commission

§ 904. Unlawful acts

DISCHARGE ELIMINATION AND CONTROL

§ 905. Short title

§ 906. Duty of Commission to promulgate rules and set requirements for discharges

§ 907. Issuance of discharge permits—Availability of records, reports or other information

§ 908. Discharge without permit unlawful

§ 909. Reserved

WATER SUPPLY SYSTEMS

§ 910. Short title

§ 911. Cooperation with federal agendas

§ 912. Rules and standards

§ 913. Reserved

§ 914. Waterworks—Filing of plans and surveys

§ 915. Investigations of sanitary quality of water

§ 916. Orders

§ 917. Groundwater supplies

§ 918. Wellhead and water supply protection program

§ 919. Water supply protection education program

§§ 920 to 929. Reserved

WASTE STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL

§ 930. Short title

§ 931. Wastewater treatment or sewer systems

§ 932. Construction, operation and extension of treatment systems

§ 933. Requirements for public sewage disposal systems—Planning residential development

§ 934. Sludge

§ 935. Activities requiring permit—Construction of impoundments, land application, new

outfalls or major changes

§ 936. Rules—Application

§ 937. Underground injection of hazardous and nonhazardous liquids

CHAPTER 10 SCENIC RIVERS

§ 1001. Short title

§ 1002. Designation of scenic river areas

§ 1003. Legislative intent

§ 1004. Cooperation and support of people and agencies—Purpose of act

§ 1005. Littering and TMDLs

§ 1006. Notice and hearing as to designation of additional scenic areas

§ 1007. Scenic rivers

CHAPTER 11 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT [CN CERCLA]

CHAPTER 12 LEAD-BASED PAINT

§ 1201. Short title

§ 1202. Purpose

§ 1203. Definitions

§ 1204. Lead-Based Paint Program

§ 1205. Enforcement

CHAPTER 13 HAZARDOUS WASTE CODE

§ 1301. Short title

§ 1302. Purpose and general provisions

§ 1303. Definitions

§ 1304. Powers and duties

§ 1305. The Commission shall develop rules and the Administrator shall have the authority to implement measures and requirements that

§ 1306. Adoption of federal requirements by reference

§ 1307. Rules

§ 1308. Prohibition of new disposal sites—Permits required

§ 1309. Permits—Limitation on persons eligible—Disclosure of information

§ 1310. Special restrictions applicable in Indian Country

§ 1311. Disposal—Restrictions applicable to impoundments and landfills

§ 1312. Prohibited disposal—Treatment, storage recycling, or disposal (TSRD) sites

§ 1313. Hazardous waste facility construction to be supervised

§ 1314. Issuance of permits—Suitability of facility—Administrative procedures

§ 1315. New permits—Suitability of roads and bridges

§ 1316. Permits—Application—Liability insurance—Bond—Financial responsibility—

Operation of facility—Insolvency—Liability of guarantors

§ 1317. Facilities that recycle hazardous waste—Permit requirements, exemption—

Prohibition of burning certain hazardous waste as fuel

§ 1318. Fees

§ 1319. Permit issuance notice—Notice of remediation of related action taken—Interference with remediation

§ 1320. Monitoring of closed facility

§ 1321. Hazardous waste manifest

§ 1322. Inspections—Administrative proceedings—Records—Violations—Penalties

CHAPTER 14 UNDERGROUND INJECTION CONTROL

§ 1401. Short title

§ 1402. Purpose

§ 1403. Definitions

§ 1404. Prohibitions

§ 1405. Permit required

§ 1406. Minimum requirements

§ 1407. Power and duties

§ 1408. Additional authorities

§ 1409. Violations and penalties

CHAPTER 15 REDUCE, REUSE AND RECYCLE

§ 1501. Short title

§ 1502. Purpose

§ 1503. Definitions

§ 1504. Policies and programs

TITLE 28 ETHICS

CHAPTER 1 GENERAL PROVISIONS

§ 1. Short title

§ 2. Purpose

§ 3. Definitions

CHAPTER 2 SOLICITATION, CONFLICTS OF INTEREST AND DEALINGS WITH RELATIVES

§ 11. Solicitation prohibited

§ 12. Involvement in business decision—Crime defined

§ 13. Resolution of conflict issues not defined by statute

§§ 14 to 18. Reserved

§ 19. Employment of relatives of elected officials permitted

§ 20. Contracting with relatives of elected officials

§ 21. Solicitation of employment and appointment of relatives of appointed and elected

officials unlawful

CHAPTER 3 JUDICIAL REVIEW

§ 31. Right to judicial review not abrogated

TITLE 29 GAME AND FISH

CHAPTER 1 HUNTING AND FISHING

§ 101. Short title

§ 102. Legislative intent and purpose

§ 103. Adoption by reference—Laws of adjacent states and nations

§ 104. Modification of laws adopted by reference

§ 105. Requirements of the state

§ 106. License requirements

§ 107. Registration—Checkpoints

§ 108. Rules

§ 109. Management plans

§ 110. Permission to enter lands and general requirements

§ 111. Violations

§ 112. Enforcement and field citations

§ 113. Appeals and authority of District Court

TITLE 30 GUARDIANSHIP AND CONSERVATORSHIP

CHAPTER 1 GUARDIANSHIPS

§ 1. Short title

§ 2. Purpose

§ 3. Existing guardianships or conservatorships—Compliance with act

§ 4. Definitions

§ 5. Types of guardianships

§ 6. Persons and property subject to act—Parental rights

§ 7. Jurisdiction

§ 8. Jurisdiction of Court over guardians and guardianship proceedings

§ 9. Guardians ad litem

§ 10. Duties and powers of guardians—Annual review

§ 11. Confidential information filed with court

§ 12. Letters of guardianship

§ 13. Filing of petition and eligibility—Costs

§ 14. Contents of petition—Additional information submitted prior to hearing on petition

§ 15. Appointment of guardian of minor—Notice—Intervention

§ 16. Nomination and appointment by minor—Age of minor

§ 17. Appointment of guardian when minor has attained fourteen years of age

§ 18. Order of preference

§ 19. Temporary guardianship

§ 20. Cessation of power of guardian

§ 21. Minor ward at majority—Release of guardian

§ 22. Discharge of guardian by Court

§ 23. Guardianship report

§ 24. Order of guardianship

§ 25. Guardianship plan

§ 26. Setting of initial review hearing

§ 27. Compensation

§ 28. Bond

§ 29. Trust property

§ 30. Annual accounting

§ 31. Inquiry to determine suitability of guardian

§ 32. Applications to Court for relief—Contents—Notice and hearing—Order—

Appointment of counsel—Joinder—Hearing without notice

§ 33. Two or more guardians

§ 34. Death of one of two or more joint guardians

§ 35. Nonresident ward's guardian—Notice

§ 36. Powers of guardian of nonresident ward

§ 37. Jurisdiction of first appointment

§ 38. Payment of just debts

§ 39. Collection and settlement of accounts—Appearance for ward

§ 40. Estate management—Income applied to maintenance and support of ward—Sale of

realty

§ 41. Execution of waivers or consents for wards

§ 42. Causes for removal of guardians

§ 43. Removal or resignation of guardian

§ 44. Discharge of unnecessary guardianship

§ 45. Civil liability of guardians or petitioners—Damages—Willful or malicious filing of false petition or application

§ 46. Concealment or embezzlement citation

TITLE 31 HERITAGE AND CULTURE

CHAPTER 1 GENERAL PROVISIONS

§ 101. Short title and purpose

§ 102. Establishment of official languages

§ 103. Language maintenance

§ 104. Education

§ 105. Employment

CHAPTER 2 ART AND FACILITIES

§ 201. Short title

§ 202. Purpose

§ 203. Definitions

§ 204. Historically and culturally appropriate artwork in Cherokee Nation facilities and

properties

CHAPTER 3 ARTS AND CRAFTS COPYRIGHT

§ 301. Short title

§ 302. Purpose

§ 303. Definitions

§ 304. Purchase of copyright prohibited

CHAPTER 4 TRUTH IN ADVERTISING FOR NATIVE ART

§ 401. Short title

§ 402. Purpose

§ 403. Definitions

§ 404. Authentic Indian art—Registry—Inventory

TITLE 32 HISTORICAL SOCIETIES AND ASSOCIATIONS

CHAPTER 1 GENERAL PROVISIONS

CHAPTER 1A VIOLATIONS—PENALTIES

§ 2.1. Damage to historical site

CHAPTER 20 REGISTER OF HISTORIC PLACES

§ 361. Anthropological and archaeological projects

TITLE 33 HOUSING

CHAPTER 1 CHEROKEE NATION MORTGAGE FORECLOSURE ACT

§ 1. Short title

§ 2. Purpose

§ 3. Definitions

§ 4. Priority of liens

§ 5. Recording

§ 6. Foreclosure procedures

§ 7. Foreclosure complaint and summons

§ 8. Service of process and procedures

§ 9. Cure of default by subordinate lienholder

§ 10. Judgment and remedy

§ 11. Foreclosure evictions

§ 12. No merger of estates

§ 13. Certified mailing to Nation and lessor

§ 14. Intervention

§ 15. Appeals

CHAPTER 2 HOUSING AUTHORITY ADVISORY BOARD

§ 21. Advisory board of directors

TITLE 34 INITIATIVE AND REFERENDUM

CHAPTER 1 REFERENDUM AND INITIATIVE PROCEDURES

§ 1. Short title

§ 2. Purpose

§ 3. Form of referendum petition

§ 4. Form of initiative petition

§ 5. Canvass procedure

§ 6. Who may sign petition and vote—Penalties

§ 7. Time for submission of initiated and referred measures

§ 8. Distribution of information regarding process

§ 9. Petitions and signatures

§ 10. Filing and binding

§ 11. Approval and preservation

§ 12. Verification of signatures

§ 13. Physical count of signatures

§ 14. Numbering petitions

§ 15. Filing copy of proposed petition

§ 16. Effect of filing petition

§ 17. Protest

§ 18. Publication of measures

§ 19. Filing—Official ballots—Review

TITLE 35 RESERVED

Reserved for Future Use

TITLE 36 INSURANCE

Reserved for Future Use

TITLE 37 INTOXICATING LIQUORS

CHAPTER 1 GENERAL PROVISIONS

§ 1. Short title

§ 2. Definitions

§ 3. Powers of enforcement

§ 4. Sales of liquor

§ 5. Taxes

§ 6. Rules, regulations, and enforcement

TITLE 38 JURORS

CHAPTER 1 GENERAL PROVISIONS

§ 1. Limitations on who may serve on jury

§ 2. Inability of jury to reach verdict

TITLE 39 RESERVED

Reserved for Future Use

TITLE 40 LABOR AND EMPLOYMENT

CHAPTER 1 GENERAL PROVISIONS

§ 101. Short title

§ 102. Purpose

§ 103. Definitions

§ 104. Time computation

§ 105. Notification of prospective and current employers of obligations and rules, regulations and orders

§ 106. Filing of reports, etc.—Inspections and investigations—Inspection and copying of

records

CHAPTER 2 TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)

§ 201. Tribal Employment Rights Office—Establishment, authority and duties

§ 202. Adoption of rules, regulations, policies and guidelines

§ 203. Funds

CHAPTER 3 PREFERENCE IN EMPLOYMENT

§ 301. Indian preference requirements generally

§ 302. Indian preference in contracting and subcontracting

§ 303. Preference in promotions

§ 304. Preference in employment of students

§ 305. Establishment and review of numerical goals for Indian employment generally

§ 306. Participation in training programs by employers

§ 307. Establishment by TERO staff of counseling and other support programs—

Cooperation by employers

§ 308. Use of job qualification criteria and personnel requirements by employers

§ 309. Implementation of layoffs and reductions in force by employers

§ 310. Duties of contractors and subcontractors—Liability of employers for violations by

contractors and subcontractors

§ 311. Establishment and administration of job bank—Recruitment and hiring of personnel

by employers

§ 312. Prohibition on brokering and fronting services

CHAPTER 4 UNION AGREEMENTS

§ 401. Duties of unions generally

§ 402. Contents of union agreements

§ 403. Model union agreement

§ 404. Recognition of unions or endorsement of union activities

CHAPTER 5 COMPLAINTS AND HEARINGS

§ 501. Filing of complaints by TERO and proceedings thereon generally

§ 502. Filing of complaints by Indians and proceedings thereon generally—Penalties for

retaliatory actions by employers against employees filing complaints

§ 503. Reserved

§ 504. Notice of hearings

§ 505. Conduct of hearings

CHAPTER 6 ENFORCEMENT AND REMEDIES

§ 601. Penalties for violations of Title and rules, regulations or orders of the TERO or

Administrative Appeals Board

CHAPTER 7 APPEALS

§ 701. Appeals from decisions of Administrative Appeals Board

§ 702. Employee Appeals Board—Change of name

CHAPTER 8 DOMESTIC VIOLENCE LEAVE

§ 801. Discharges for absence from employment due to domestic violence prohibited

§ 802. Penalty for violation

CHAPTER 9 MINIMUM WAGE

§ 901. Short title

§ 902. Purpose

§ 903. Definitions

§ 904. Minimum wage

§ 905. Exemptions

TITLE 41 LANDLORD AND TENANT

CHAPTER 1 GENERAL PROVISIONS

§ 1. Short title

§ 2. Purpose

§ 3. Definitions

CHAPTER 2 RESIDENTIAL LANDLORD AND TENANT ACT

§ 100. Short title

§ 101. Definitions

§ 102. Rights, obligations and remedies—Enforcement

§ 103. Application

§ 104. Reserved

§ 105. Mitigation of damages

§ 106. Settlement of claim

§ 107. Good faith performance or enforcement

§ 108. Beneficial owner to maintain premises

§ 109. Rent

§ 110. Term of tenancy

§ 111. Termination of tenancy

§ 112. Duties of parties upon termination of tenancy

§ 113. Rental agreements

§ 113.1. Denial or termination of tenancy because of guide, signal or service dog

§ 114. Reserved

§ 115. Damage or security deposits

§ 116. Person to accept service or notice—Identity of owner and manager—Failure to

comply

§ 117. Commencement of tenancy—Delivery of possession—Wrongful possession

§ 118. Duties of landlord and tenant

§ 119. Conveyance of property—Attornment of tenant

§ 120. Failure of landlord to deliver possession of dwelling unit to tenant

§ 121. Landlord's breach of rental agreement—Deductions from rent for repairs—Failure to

supply heat, water or other essential services—Habitability of dwelling

§ 122. Damage to or destruction of dwelling unit—Rights and duties of tenant

§ 123. Wrongful removal or exclusion from dwelling unit

§ 124. Unlawful entry or lawful entry in unreasonable manner—Harassment of tenant—

Damages

§ 125. Defective condition of premises—Report to landlord

§ 126. Tenant's use and occupancy of premises—Rules and regulations

§ 127. Duties of tenant

§ 128. Consent of tenant for landlord to enter dwelling unit—Emergency entry—Abuse of

right of entry—Notice—Abandoned premises—Refusal of consent

§ 129. Tenant's breach of rental agreement—Wrongful abandonment

§ 130. Abandoning, surrendering or eviction from possession of dwelling unit—Disposition of personal property

§ 131. Delinquent rent

§ 132. Reserved

§ 133. Lien on tenant's property

§ 134. Procedure for enforcement of lien

§ 135. Construction of act

§§ 136 to 139. Reserved

§ 140. Federal rules and regulations affecting Indian housing programs shall take precedence

§ 141. Claims brought under provisions of Landlord and Tenant Procedures Act

§ 142. Termination of mutual help occupancy agreement

§ 143. Rules of evidence

CHAPTER 3 NON–RESIDENTIAL LANDLORD AND TENANT ACT

§ 200. Application

§ 201. Who deemed tenant at will

§ 202. Tenant holding over as tenant at will—Expiration of unwritten contract

§ 203. Tenant holds from one period to another, when

§ 204. Time of notice to terminate tenancy

§ 205. Termination of tenancy from year to year

§ 206. Notice to quit where rent not paid

§ 207. Notice when rent not paid under tenancy for less than three months

§ 208. Notice to quit not required, when

§ 209. Service of notice—Termination of tenancy

§ 210. Tenant may not assign, when

§ 211. Landlord may reenter after unauthorized assignment

§ 212. Attornment unnecessary to conveyance

§ 213. Attornment to stranger void

§ 214. Rights of sublessee

§ 215. Rights of alienees of lessors and lessees

§ 216. Rents from life grants

§ 217. Recovery of arrears of rent from life grants after death

§ 218. Rights and liabilities of executors and administrators

§ 219. Occupants without contract liable for rent

§ 220. Contribution by joint tenants

§ 221. Joint tenant may recover his share of rents

§ 222. Recovery for waste or trespass by remainderman

§ 223. Farm rent lien on crop

§ 224. Crop rent

§ 225. Removal of crops to defraud landlord

§ 226. Purchaser of crop with notice liable for rent

§ 227. Landlord may have attachment, when

§ 228. Attachment for rent lien on crops

§ 229. Reserved

§ 230. Taxation of improvements

§§ 231, 232. Reserved

§ 233. Lease presumed to be for one year

§ 234. Reserved

§ 235. Continued possession renews the lease, when

§ 236. Renewal of lease presumed unless notice of termination given

§ 237. Rent payable, when

§ 238. Duty of tenant in case of proceedings

§§ 239 to 250. Reserved

§ 251. Abandonment or surrender of non–residential rental property—Definitions

§ 252. Abandonment or surrender of non–residential rental property—Disposition of

personal property of tenant—Notice—Storage costs—Liability of landlord—Application of

proceeds of sale

§ 253. Claims brought under the Landlord and Tenant Procedures Act

§ 254. Application

CHAPTER 4 LANDLORD AND TENANT PROCEDURES ACT

§ 1751. Suits authorized under landlord and tenant procedures

§ 1752. Reserved

§ 1753. Affidavit—Form—Filing

§ 1754. Preparation of affidavit—Copies

§ 1755. Service of affidavit and order upon defendant

§ 1756. Date for appearance of defendant

§ 1757. Reserved

§ 1758. Counterclaim or setoff by verified answer

§ 1759. Reserved

§ 1760. Depositions—Interrogatories

§ 1761. Trial by Court—Request for Reporter or jury—Evidence—Informality

§ 1762. Payment of judgment

§ 1763. Appeals

§ 1764. Fees

§§ 1765 to 1771. Reserved

§ 1772. Judgments

§ 1773. Dismissal of action—Failure to file pleadings or serve process

§ 1774. Forcible entry and detention

§ 1775. Powers of Court

§ 1776. Extent of jurisdiction

§ 1777. Issuance and return of summons

§ 1777. Issuance and return of summons

§ 1778. Service of summons

§ 1779. Constructive service of summons

§ 1780. Answer or affidavit by defendant

§ 1781. Trial by Court

§ 1782. Writ of execution—Form

§ 1783. Stay of execution by posting supersedeas bond

TITLE 42 LANGUAGE

Reserved for Future Use

TITLE 43 MARRIAGE AND FAMILY

CHAPTER 1 GENERAL PROVISIONS

§ 1. Marriage as civil contract—Consent of parties

§ 2. Who may be married

§ 3. Who may not be married

§ 4. Who may perform marriages

§ 5. Form of marriage

§ 6. Report

§ 7. Violation of preceding section

§ 8. Prohibited marriages declared void

§ 9. Common law marriage

§ 10. Adultery defined—Who may institute prosecution

§ 11. Punishment for adultery

§ 12. Bigamy defined

§ 13. Exceptions to the rule of bigamy

§ 14. Punishment of bigamy

CHAPTER 5 OFFICE OF CHILD SUPPORT SERVICES

§ 500. Office of Child Support Enforcement recognized—Duties

§ 500A. Definitions

§ 501. Costs in child support services cases

§ 502. Agreements to obtain certain necessary information

§ 503. Establishment—Enforcement and modification of orders for support—Confidential

records

§ 504. CSS attorneys represent Cherokee Nation

§ 505. Office of Child Support Services to follow Cherokee Nation child support guidelines

§ 506. Child support

CHAPTER 6 CHILD SUPPORT GUIDELINES

§ 507. Purpose

§ 508. Child Support Guidelines

§ 508A. Definitions

§ 508B. Computation of gross income—Imputed income—Self employment income—Fringe

benefits—Social Security Title II benefits

§ 508C. Deductions from gross income for qualified other children

§ 508D. Computation of child support as percentage of parents' combined gross income—

Prospective adjustment—Transportation expenses—Support order summary form

§ 508E. Parenting time adjustment—Reduction in child support obligation

§ 509. Child support orders to include provision for income assignment—Voluntary income

assignment—In-kind payment

§ 510. Child support orders to include provision for health insurance and day care expenses

§ 511. Security or bond for payment of child support

§ 512. Past due support payments as judgment—Arrearage payment schedule

§ 513. Modification, suspension or termination of income assignment order

§ 514. Interest on delinquent child support and judgments

§ 515. Child support computation form

§ 516. Children not otherwise considered

§ 517. Full faith and credit for child support orders validly issued by foreign jurisdictions

§ 518. Cooperation with other IV–D programs

TITLE 44 MEDIA AND PRESS

CHAPTER 1 INDEPENDENT PRESS

§ 1. Short title

§ 2. Purpose

§ 3. Constitutional rights

§ 4. Policy, an independent Cherokee media

§ 5. Providing for independent print and electronic publications

§ 6. Editorial Board

§ 7. Powers and duties

§ 8. Executive Editor

CHAPTER 2 PRESS PROTECTION

§ 21. Short title

§ 22. Purpose

§ 23. Definitions

§ 24. Protection of sources and other information—Exceptions

TITLE 45 MINES AND MINING

Reserved for Future Use

TITLE 46 MORTGAGES

Reserved for Future Use

TITLE 47 MOTOR VEHICLES

HIGHWAY SAFETY CODE

CHAPTER 1 WORDS AND PHRASES DEFINED

§ 1–101. Definition of words and phrases

§ 1–101.1. Ancient vehicle

§ 1–102. Arterial street

§ 1–103. Authorized emergency vehicles—Equipment

§ 1–103.1. Automobile

§ 1–104. Bicycle

§ 1–105. Bus

§ 1–106. Business district

§ 1–107. Cancellation of driver's license

§ 1–107.1. Class A commercial motor vehicle

§ 1–107.2. Class B commercial motor vehicle

§ 1–107.3. Class C commercial motor vehicle

§ 1–107.4. Class D motor vehicle

§ 1–108. Commercial chauffeur and chauffeur

§ 1–109. Commissioner

§ 1–110. Controlled-access highway

§ 1–111. Crosswalk

§ 1–112. Dealer

§ 1–113. Department

§ 1–114. Driver

§ 1–115. Essential parts

§ 1–116. Established place of business

§ 1–117. Explosives

§ 1–118. Farm tractor

§ 1–119. Flammable liquid

§ 1–120. Foreign vehicle

§ 1–120.1. Gross combination weight rating (GCWR)

§ 1–121. Gross vehicle weight rating (GVWR)

§ 1–122. Highway

§ 1–123. Manufactured home

§ 1–124. Identifying number

§ 1–125. Implement of husbandry

§ 1–126. Intersection

§ 1–127. Laned roadway

§ 1–128. License to operate a motor vehicle

§ 1–129. Lienholder

§ 1–130. Local authorities

§ 1–131. Mail

§ 1–132. Manufacturer

§ 1–133. Metal tire

§ 1–133.1. Minibike

§ 1–134. Motor vehicle

§ 1–135. Motorcycle

§ 1–136. Motor-driven cycle

§ 1–136.1. Motorized bicycle

§ 1–137. Nonresident

§ 1–138. Nonresident's operating privilege

§ 1–139. Official traffic-control devices

§ 1–140. Operator

§ 1–141. Owner

§ 1–142. Park, parking, and public parking lot

§ 1–143. Pedestrian

§ 1–144. Person

§ 1–145. Pneumatic tire

§ 1–146. Pole trailer

§ 1–147. Police officer

§ 1–148. Private road or driveway

§ 1–149. Railroad

§ 1–150. Railroad sign or signal

§ 1–151. Railroad train

§ 1–152. Reconstructed vehicle

§ 1–152.1. Recreational vehicle

§ 1–153. Registration

§ 1–154. Residence district

§ 1–155. Revocation of driver's license

§ 1–156. Right-of-way

§ 1–157. Road tractor

§ 1–158. Roadway and shoulder

§ 1–159. Safety zone

§ 1–160. School bus

§ 1–161. Security

§ 1–162. Semitrailer

§ 1–163. Sidewalk

§ 1–164. Solid tire

§ 1–165. Special mobilized machinery

§ 1–166. Specially-constructed vehicle

§ 1–167. Stand or standing

§ 1–168. State

§ 1–169. Stop

§ 1–170. Stop or stopping

§ 1–171. Street

§ 1–172. Streetcar

§ 1–173. Suspension of driver's license

§ 1–173.1. Tank vehicle

§ 1–174. Taxicab

§ 1–175. Through highway

§ 1–176. Trackless trolley coach

§ 1–177. Traffic

§ 1–178. Traffic-control signal

§ 1–179. Traffic lane

§ 1–180. Trailer

§ 1–181. Transporter

§ 1–181.1. Travel trailer

§ 1–182. Truck

§ 1–183. Truck tractor

§ 1–184. Turnpike and Turnpike Authority

§ 1–185. Urban district

§ 1–186. Vehicle

CHAPTER 2 APPLICATION

§ 2–101. Application of code

§ 2–102. Cherokee Nation

§ 2–103. Indian

§ 2–104. Tribal citizen

§ 2–105. Offense

§ 2–106. Crime

CHAPTER 4 ANTI–THEFT LAWS

§ 4–101. Exceptions from provisions of this chapter

§ 4–102. Unauthorized use of vehicle or implement of husbandry

§ 4–103. Receiving or disposing of a vehicle

§ 4–104. Damaging or tampering with vehicle or implement of husbandry

§ 4–105. Stolen, converted, recovered and unclaimed vehicles

§ 4–106. False report of theft or conversion

§ 4–107. Removed, falsified or unauthorized identification

§ 4–108. False statements of material facts—Punishment

§ 4–109. Altering or forging certificate of title

§ 4–110. Offenses in connection with certificates of title

CHAPTER 10 ACCIDENTS AND ACCIDENT REPORTS

§ 10–101. Provisions of chapter apply throughout Cherokee Nation

§ 10–102. Accidents involving death or personal injury

§ 10–103. Accidents involving damage to vehicle

§ 10–104. Duty to give information and render aid

§ 10–105. Duty upon striking unattended vehicle

§ 10–106. Duty upon striking fixtures upon a highway

§ 10–107. Immediate notice of accident

§ 10–108. Written report of accident—Notice to other parties—Ancillary proceedings

§ 10–109. Form of report

§ 10–110. Additional information

§ 10–111. When driver unable to report

§ 10–112. False reports

§ 10–113. Accident report forms

§ 10–114. Penalty for failure to report

§ 10–115. Public inspection of reports relating to accidents

CHAPTER 11 RULES OF THE ROAD

ARTICLE I. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS

§ 11–101. Provisions of chapter refer to vehicles upon the highways—Exceptions

§ 11–102. Required obedience to traffic laws

§ 11–103. Obedience to police officers

§ 11–104. Persons riding animals or driving animal-drawn vehicles

§ 11–105. Persons working on highways—Exceptions

§ 11–106. Authorized emergency vehicles

§ 11–107. Military convoys exempt from municipal traffic regulation—Right-of-way—

Exceptions

ARTICLE II. TRAFFIC SIGNS, SIGNALS AND MARKINGS

§ 11–201. Obedience to and required traffic-control devices

§ 11–202. Traffic-control signal legend

§ 11–203. Pedestrian-control signals

§ 11–204. Flashing signals

§ 11–204.1. Lane use control signals

§ 11–205. Pedestrian-actuated school crossing signals

§ 11–206. Display of unauthorized signs, signals or markings

§ 11–207. Interference with official traffic-control devices or railroad signs or signals

ARTICLE III. DRIVING ON RIGHT SIDE OF ROADWAY—OVERTAKING AND

PASSING, ETC.

§ 11–301. Driving on right side of roadway—Exceptions

§ 11–302. Passing vehicles proceeding in opposite directions

§ 11–303. Overtaking a vehicle on the left—Signal

§ 11–304. When overtaking on the right is permitted

§ 11–305. Limitations on overtaking on the left

§ 11–306. Further limitations on driving to left of center of roadway

§ 11–307. No-passing zones

§ 11–308. One-way roadways and rotary traffic island

§ 11–308A. Speed limits—Traffic control regulations—Violations

§ 11–309. Driving on roadways laned for traffic

§ 11–310. Following too closely

§ 11–311. Driving on divided highways

§ 11–312. Restricted access

§ 11–313. Restrictions on use of controlled-access roadway

ARTICLE IV. RIGHT–OF–WAY

§ 11–401. Vehicle approaching or entering intersection

§ 11–402. Vehicle turning left at intersection

§ 11–403. Vehicle entering stop or yield intersection

§ 11–404. Vehicle entering highway from private road or driveway

§ 11–405. Operation of vehicles on approach of authorized emergency vehicles

ARTICLE V. PEDESTRIANS' RIGHTS AND DUTIES

§ 11–501. Pedestrians subject to traffic regulations

§ 11–502. Pedestrians' right-of-way in crosswalks

§ 11–503. Crossing at other than crosswalks

§ 11–504. Drivers to exercise due care

§ 11–505. Pedestrians to use right half of crosswalks

§ 11–506. Pedestrians on roadways or bridges

§ 11–507. Pedestrians soliciting rides or business

ARTICLE VI. TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING

§ 11–601. Required position and method of turning at intersections

§ 11–602. Turning on curve or crest of grade prohibited

§ 11–603. Starting parked vehicle

§ 11–604. Turning movements and required signals

§ 11–605. Signals by hand and arm or signal lamps

§ 11–606. Method of giving hand-and-arm signals

ARTICLE VII. SPECIAL STOPS REQUIRED

§ 11–701. Obedience to signal indicating approach of train

§ 11–702. Certain vehicles must stop at all railroad grade crossings

§ 11–703. Stop signs and yield signs

§ 11–704. Emerging from alley, driveway or building

§ 11–705. Meeting or overtaking stopped school bus—Reporting violations

§ 11–705.1. Church buses—Definition—Meeting and overtaking stopped bus—Signs and

signals

ARTICLE VIII. SPEED RESTRICTIONS

§ 11–801. Basic rule and maximum limits

§ 11–801A. Maximum speed limits—Suspension of existing conflicting law

§ 11–801B. Restriction on cancellation of automobile insurance policies

§ 11–801C. Restrictions on recording or assessing points for speed violations

§ 11–801D. Restriction on recording or assessing points for out-of-state speed violations

§ 11–802. Establishment of tribal speed zones

§ 11–803. When local authorities may and shall alter maximum limits

§ 11–804. Minimum speed regulation

§ 11–805. Special speed limitation on motor-driven cycles

§ 11–806. Special speed limitations

§ 11–807. Charging violations and rule in civil actions

§ 11–808. Radar interference devices—Advertising, sale, manufacture or distribution

prohibited—Exemption—Penalties

§ 11–809. Exemptions

ARTICLE IX. RECKLESS DRIVING, DRIVING WHILE INTOXICATED AND

NEGLIGENT HOMICIDE

§ 11–901. Reckless driving

§ 11–902. Persons under the influence of alcohol or other intoxicating substance or

combination thereof

§ 11–902.1. Course for drinking drivers

§ 11–902.2. Courts—Conditional participation in drinking drivers course

§ 11–902.3. Institutions and organizations that may offer courses—Fees—Limitations on

enrollment

§ 11–902.4. Operating or being in actual physical control of motor vehicle while under the influence while under age—Penalties

§ 11–903. Negligent homicide

§ 11–904. Person involved in personal injury accident while under influence of alcohol or other intoxicating substance—Causing great bodily injury

ARTICLE X. STOPPING, STANDING AND PARKING

§ 11–1001. Stopping, standing or parking outside of business or residence districts

§ 11–1002. Officers authorized to remove illegally stopped vehicle

§ 11–1003. Stopping, standing or parking prohibited in specified places

§ 11–1004. Additional parking regulations

§ 11–1005. Authorized emergency vehicles; vehicles used in construction or maintenance of highways—Excepted from certain provisions

§ 11–1006. Parking of vehicles on posted private property—Penalty—Liability of landowner

§ 11–1007. Placing or parking vehicle in parking space designated and posted for

physically-disabled persons—Penalties—Reciprocity agreements

§ 11–1008. Power of Cherokee Nation Marshal's Office to enforce act

ARTICLE XI. MISCELLANEOUS RULES

§ 11–1101. Unattended motor vehicle

§ 11–1102. Limitations on backing

§ 11–1103. Riding on motorcycles

§ 11–1104. Obstruction to driver's view or control—Overloading school bus

§ 11–1105. Opening and closing vehicle doors

§ 11–1106. Driving on mountain highways

§ 11–1108. Following fire apparatus and other emergency vehicles prohibited

§ 11–1110. Putting glass, etc., on highway prohibited

§ 11–1112. Child passenger restraint system required for certain vehicles—Exemptions

§ 11–1113. Reserved

§ 11–1114. Allowing passenger to ride outside of compartment

§ 11–1115. Railroad crossings

ARTICLE XII. OPERATION OF BICYCLES AND PLAY VEHICLES

§ 11–1201. Effect of regulations

§ 11–1202. Traffic laws apply to persons riding bicycles

§ 11–1203. Riding on bicycle

§ 11–1204. Clinging to vehicles

§ 11–1205. Riding on roadways and bicycle paths

§ 11–1206. Carrying articles

§ 11–1207. Lamps and other equipment on bicycles

ARTICLE XIII. MAINTENANCE, CONSTRUCTION AND SAFETY ZONES

§ 11–1301. Driving through safety zones prohibited

§ 11–1302. Maintenance and construction zones

CHAPTER 12 EQUIPMENT OF VEHICLES

ARTICLE IV. OTHER EQUIPMENT

§ 12–417. Safety belt law

ARTICLE VI. MOTORCYCLES

§ 12–609. Motorcycle and motor scooter

CHAPTER 14 SIZE, WEIGHT AND LOAD

§ 14–107. Definitions

§ 14–109. Overload, any axle or gross weight

CHAPTER 15 RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES

§ 15–103. Rights of owners of real property

§ 15–112. Physical disability insignia

§ 15–112.1. Parking places—Authorized use

§ 15–113. Penalties

CHAPTER 16 PARTIES AND PROCEDURE UPON ARREST

§ 16–101. Parties to a crime

§ 16–102. Offenses by persons owning or controlling vehicles

§ 16–103. Public officers and employees—Exceptions

§ 16–104. Procedure upon arrest for crime

§ 16–105. When p

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