# NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have (2021)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

Title 21 Amendments
§ 1. Title of code
This title shall be known and may be cited as the Criminal Code of Cherokee Nation.
§ 2. Criminal acts are only those prescribed—"This code" defined
No act or omission shall be deemed criminal or punishable except as prescribed or authorized by
this code. The words "this code" as used in the "penal code" shall be construed to mean "Cherokee
Nation Code Annotated."
§ 3. Crime and public offense defined
A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon
conviction, any of the following punishments:
1. Imprisonment;
2. Fine;
3. Removal from office;
4. Disqualification to hold and enjoy any office of honor, trust, or profit, under this Nation;
5. Restitution;
6. Community service; or
7. Victim compensation assessment.
§ 4. Crimes classified
All crimes or offenses are divided into:
1. Felonies;
2. Misdemeanors.
§ 5. Felony defined
A felony is a crime which is, or may be, punishable by imprisonment for more than one year.
§ 6. Misdemeanor defined
Every other crime that is not a felony is a misdemeanor.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
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amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 7. Objects of criminal code
This title specifies the classes of persons who are deemed capable of committing crimes, and who
are liable to punishment therefor; and defines the nature of the various crimes and prescribes the
kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting
criminals is regulated by the Code of Criminal Procedure, Title 22 of the Cherokee Nation Code
Annotated.
§ 8. Conviction must precede punishment
The punishments prescribed by this title can be inflicted only upon a legal conviction in a court
having jurisdiction.
§ 9. Indian defined
For the purposes of criminal prosecution and juvenile delinquency under the laws of the Cherokee
Nation, the term “Indian” includes:
A. Any person who is a citizen of the Cherokee Nation;
B. Any person who is a citizen or member of any other federally recognized Indian tribe,
including Alaska Native entities;
C. Any person who is eligible to become a member of any federally recognized Indian tribe;
and
D. Any person who would be considered an “Indian” for the purposes of federal criminal
prosecution under 18 U.S.C. § 1152 and/or 18 U.S.C. § 1153.
§ 10. Punishment of crimes
Except in cases where a different punishment is prescribed by this title or by some existing
provisions of law, every offense declared to be a crime is punishable by the maximum punishment
provided for by the Indian Civil Rights Act, 25 U.S.C. § 1302(a)(7). Provided that, for any
conviction of an offense classified as a misdemeanor, the Court may not impose any penalty or
punishment greater than imprisonment for a term of one (1) year or a fine of Five Thousand Dollars
($5,000.00) or both; for felonies and other crimes the Court may subject a defendant to a term of
imprisonment greater than one (1) year but not to exceed three (3) years for any one (1) offense,
or a fine greater than Five Thousand Dollars ($5,000.00) but not to exceed Fifteen Thousand
Dollars ($15,000.00), or both, if the defendant is a person accused of a criminal offense who (a)
has been previously convicted of the same or a comparable offense by any jurisdiction in the
United States; or (b) is being prosecuted for an offense comparable to an offense that would be
punishable by more than one (1) year of imprisonment if prosecuted by the United States or any
of the states.
§ 10a. Punishment of crimes concerning public officials, appointed officials or department
heads

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Any elected official, appointed official or department head who is convicted of a crime concerning
bribery, embezzlement, fraud, perjury, or forgery or larceny may in addition to the punishments
provided under this title, be subject to the punishment of disqualification from employment with
Cherokee Nation.
§ 11. Specific statutes in other titles as governing—Acts punishable in different ways—Acts
not otherwise punishable by imprisonment
A. If there be in any other titles of the laws of this Nation a provision making any specific act or
omission criminal and providing the punishment therefor, and there be in this penal code any
provision or section making the same act or omission a criminal offense or prescribing the
punishment therefor, that offense and the punishment thereof, shall be governed by the special
provisions made in relation thereto, and not by the provisions of this penal code. But an act or
omission which is made punishable in different ways by different provisions of this code may be
punished under any of such provisions, the punishments therein prescribed are substituted for those
prescribed for a first offense, but in no case can it be punished under more than one section of law;
and an acquittal or conviction and sentence under any one section of law, bars the prosecution for
the same act or omission under any other section of law.
B. Provided, however, notwithstanding any provision of law to the contrary, any offense, including
traffic offenses, in violation of the laws of this Nation which is not otherwise punishable by a term
of imprisonment or confinement shall be punishable by a term of imprisonment not to exceed one
day in the discretion of the Court, in addition to any fine prescribed by law.
§ 12. Reserved
§ 13. Uniform Reporting System
For purposes of any crime specified by the criminal code of this title or any provision of the law
in the Cherokee Nation, all criminal and juvenile justice information systems shall adopt and use
the uniform reporting standard created and published by the Oklahoma State Bureau of
Investigation as provided by Section 1517 of Title 22 of the Oklahoma Statutes. The uniform
reporting standard shall ensure the accurate reporting of all criminal and juvenile delinquency
information relating to arrests, charges, custody records, dispositions, and any other information
record purporting to identify a criminal or juvenile delinquency history record or information to be
maintained by any criminal or juvenile justice information system within the Cherokee Nation. The
courts, any criminal justice department, and juvenile delinquency department of the Cherokee
Nation is hereby directed to comply with and use the uniform reporting standard for reporting and
maintaining all criminal justice information systems as set forth in this section.
§ 14. Sentencing Authority
A. The Cherokee Nation has authority pursuant to the “Tribal Law and Order Act of 2010”,

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

Pub.L. 111–211, Title II, July 29, 2010, 124 Stat. 2261 and 25 U.S.C. § 1302 to subject a
person convicted of a crime punishable by the laws of the Cherokee Nation to a term of
imprisonment not to exceed three (3) years for any single offense and a fine not to exceed
Fifteen Thousand Dollars ($15,000.00), or both.
B. The Cherokee Nation may impose upon a convicted person a total penalty or punishment of
imprisonment for not more than nine (9) years in a criminal proceeding.
C. For the purposes of this section, the term “offense” means a violation of a criminal law.
D. For the purposes of this section, the term “criminal proceeding” means a prosecution for a
single offense or a series of offenses that are part of a continuing transaction that may
constitute separate offenses, but that are closely related in time.
E. If a defendant is convicted in a criminal proceeding for more than one offense where the
total punishment upon conviction would be more than nine (9) years, the sentencing judge
shall at the time of sentencing order that some or all of the sentences be served concurrently
so that a term of imprisonment is not entered where the defendant would be subjected to
imprisonment for a term of more than nine (9) years.
§§ 15-20. Reserved
CHAPTER 2
GENERAL PROVISIONS
§ 21. Prohibited act a misdemeanor, unless stated otherwise
Where the performance of an act is prohibited by any statute, and no penalty for the violation of
such statute is imposed in any statute, the doing of such act is a misdemeanor, unless the defendant
is a person accused of a criminal offense who (a) has been previously convicted of the same or a
comparable offense by any jurisdiction in the United States; or (b) is being prosecuted for an
offense comparable to an offense that would be punishable by more than one (1) year of
imprisonment if prosecuted by the United States or any of the states.
§ 22. Gross injuries—Grossly disturbing peace—Openly outraging public decency—
Injurious acts not expressly forbidden
Every person who willfully and wrongfully commits any act which grossly injures the person or
property of another, or which grossly disturbs the public peace or health, or which openly outrages
public decency, and is injurious to public morals, although no punishment is expressly prescribed
therefor by this code, is guilty of a crime.
§ 23. Acts punishable under foreign laws
An act or omission declared punishable by this title is not less so because it is also punishable
under the laws of another Indian tribe, a state, the United States, or another government or country,

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

unless the contrary is expressly declared in this title.
§ 24. Reserved
§ 25. Foreign conviction or acquittal
Whenever it appears upon the trial that the accused has already been acquitted or convicted upon
any criminal prosecution under the laws of a state, another government or country, founded upon
the act or omission in respect to which he is upon trial, this is a sufficient defense.
§ 26. Contempts, criminal acts which are also punishable as
A criminal act is not the less punishable as a crime because it is also declared to be punishable as
a contempt.
§ 27. Mitigation of punishment
Where it is made to appear at the time of passing sentence upon a person convicted, that such
person has already paid a fine or suffered an imprisonment for the act which he stands convicted,
under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the
punishment to be imposed, in its discretion.
§ 28. Aiding in a crime
Whenever an act is declared a crime, and no punishment for counseling or aiding in the
commission of such act is expressly prescribed by law, every person who counsels or aids another
in the commission of such act, is guilty of a crime, and punishable in the same manner as the
principal offender.
§ 29. Sending letter—When complete—Place of prosecution
In the various cases in which the sending of a letter is made criminal by this title, the offense is
deemed complete from the time when such letter is deposited in any post office or any other place,
or delivered to any person with intent that it shall be forwarded. And the party may be charged and
tried in the courts of the Cherokee Nation.
§ 30. Failure to perform duty
No person is punishable for an omission to perform an act, where such act has been performed by
another person acting in his behalf, and competent by law to perform it.
§§ 31-40. Reserved

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

ATTEMPTS
§ 41. Conviction for attempt not permitted where crime is perpetrated
No person can be convicted of an attempt to commit a crime when it appears that the crime
intended or attempted was perpetrated by such person in pursuance of such attempt.
§ 42. Attempts to commit crimes—Punishment
Every person who attempts to commit any crime, and in such attempt does any act toward the
commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is
punishable, where no provision is made by law for the punishment of such attempt, as follows:
1. Except in cases where a different punishment is prescribed by law, the punishment for
attempt shall be a misdemeanor unless the attempt is to commit a felony.
2. Attempt to commit a felony shall be a felony and is punishable by payment of a fine not
more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a period not
exceeding three (3) years, or by both such fine and imprisonment.

§ 43. Unsuccessful attempt—Another crime committed
The last two sections do not protect a person who in attempting unsuccessfully to commit a crime,
accomplishes the commission of another and different crime, whether greater or less in guilt, from
suffering the punishment prescribed by law for the crime committed.
§ 44. Attempt defined
A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise
required for commission of the crime, he:
1. purposely engages in conduct which would constitute the crime if the attendant circumstances
were as he believes them to be; or
2. when causing a particular result in an element of the crime, does anything with the purpose of
causing or with the belief that it will cause such result, without further conduct on his part.
§§ 45-50. Reserved
§ 51. Offense of Habitual Criminal and Punishment
A. It shall be unlawful for any person to commit a felony in the Cherokee Nation after said person
has been convicted within the preceding ten (10) years in the Cherokee Nation, in another

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

federally recognized Indian tribe, or in any state of the United States, or by the federal government
of any prior felony offense.
B. Any person found guilty of violating subsection A of this section shall upon conviction be guilty
of a felony and punished by imprisonment for not more than three (3) years, or by a fine of not
exceeding Ten Thousand Dollars ($10,000.00), or by both fine and imprisonment
C. The purpose of this section is to enhance the punishment for convicted felons who continue to
commit felony offenses and shall be liberally construed in support of that purpose. A person may
be convicted of the provisions of this section and for committing the underlying crime without the
offenses merging.
§ 52. Reserved
§ 53. Attempt to conceal death of child—Punishment on subsequent conviction
Every person who, having endeavored to conceal the live birth of an child, or the death of any
such child under the age of two (2) years, is guilty of a crime.
§ 54-60. Reserved
SENTENCE AND IMPRISONMENT
§ 61. Sentences to be served in order received by penal institution—Concurrent sentences
When any person is convicted of two or more crimes in the same proceeding or court or in different
proceedings or courts, and the judgment and sentence for each conviction arrives at a penal
institution on different dates, the sentence which is first received at the institution shall commence
and be followed by those sentences which are subsequently received at the institution, in the order
in which they are received by the institution, regardless of the order in which the judgments and
sentences were rendered by the respective courts, unless a judgment and sentence provides that it
is to run concurrently with another judgment and sentence.
§ 62. Sentences to run concurrent with federal or state court sentence
When a defendant is sentenced in a Cherokee Nation Court and is also under sentence from a
federal court or a state court, the Court may direct that custody of the defendant be relinquished to
the federal or state authorities and that such Nation Court sentence as is imposed may run
concurrently with the federal or state sentence imposed.
§ 63. Suspended sentence—Revocation—Relinquishment of custody
When a defendant has receied a suspended sentence from a Cherokee Nation Court and is also

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

under sentence from a federal court or a state court, the Court may revoke the suspended sentence
and direct that custody of the defendant be relinquished to the federal or the state's authorities and
that the sentence may run concurrently with the federal or the state's sentence which has been
imposed.
§ 64. Imposition of fine in addition to imprisonment
A. Upon a conviction for any misdemeanor punishable by imprisonment, in relation to which no fine
is prescribed by law, the court or a jury may impose a fine on the offender not exceeding One
Thousand Dollars ($1,000.00) in addition to the imprisonment prescribed.
B. Upon a conviction for any felony punishable by imprisonment, in relation to which no fine is
prescribed by law, the court or a jury may impose a fine on the offender not exceeding Fifteen
Thousand Dollars ($15,000.00) in addition to the imprisonment prescribed.
§ 65. Civil rights suspended
A sentence of imprisonment suspends all the civil rights of the person so sentenced, except the
right to make employment contracts, during confinement under said sentence, subject to the
approval of the Nation's Court, when this benefits the vocational training or release preparation of
the prisoner, and forfeits all public offices.
§ 66. Person of convict protected
The person of a convict sentenced to imprisonment in the Cherokee Nation penal institution is
under the protection of the law, and any injury to his person, not authorized by law, is punishable
in the same manner as if he was not convicted or sentenced.
§ 67. Conviction does not work forfeiture
No conviction of any person for crime works any forfeiture of any property, except in the cases of
any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.
§ 68. Sentence—Transfer to Bureau of Prisons
The District Court, upon the request of the Marshal or the Attorney General, may refer any person
sentenced to a term of imprisonment in the Nation to the Bureau of Prisons for transfer of he
inmate to the nearest appropriate and available Bureau of Prisons facility.
§69. Return to Cherokee Nation to complete sentence
Provided, that, after a defendant has been transferred to another jurisdiction pursuant to the

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

provisions of this title, if any sentence remains to be served in the Cherokee Nation, such
defendant shall be returned by the sentencing court to the Cherokee Nation to complete his
sentence.
§§ 70-80. Reserved
PERJURY ON EXAMINATION OF PRIVILEGED WITNESS
§ 81. Testimony—Privilege of witnesses and perjury
The various sections of this title which declare that evidence obtained upon the examination of a
person as a witness shall not be received against him in any criminal proceeding, do not forbid
such evidence being proved against such person upon any proceedings founded upon a charge of
perjury committed in such examination.
DEFINITIONS
§ 91. Terms to have meanings specified unless different meaning appears
Wherever the terms mentioned in the following sections are employed in this title, they are deemed
to be employed in the senses hereafter affixed to them, except where a different sense plainly
appears.
§ 92. Willfully defined
The term "willfully" when applied to the intent with which an act is done or omitted, implies
simply a purpose or willingness to commit the act or the omission referred to. It does not require
any intent to violate law, or to injure another, or to acquire any advantage.
§ 93. Negligent—Negligence
The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import
a want of such attention to the nature or probable consequences of the act or omission as a prudent
man ordinarily bestows in acting in his own concerns.
§ 94. Corruptly
The term "corruptly" when so employed, imports a wrongful design to acquire some pecuniary
or other advantage to the person guilty of the act or omission referred to.
§ 95. Malice—Maliciously
The terms "malice" and "maliciously," when so employed, import a wish to vex, annoy or injure
another person, established either by proof or presumption of law.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 96. Knowingly
The term "knowingly," when so applied, imports only a knowledge that the facts exist which
bring the act or omission within the provisions of this code. It does not require any knowledge of
the unlawfulness of such act or omission.
§ 97. Bribe
The term "bribe" signifies any money, goods, right in action, property, thing of value or
advantage, present or prospective, or any promise or undertaking, asked, given or accepted, with
a
corrupt intent to influence unlawfully the person to whom it is given, in his action, vote or
opinion, in any public or official capacity.
§ 98. Vessel
The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats,
and steamships, canal boats, and every structure adapted to be navigated from place to place.
§ 99. Peace officer

The term “peace officer” means any tribal law enforcement officer, sheriff, police officer, federal
or state law enforcement officer, or any other law enforcement officer whose duty it is to enforce
and preserve the public peace.
Every United States Marshal, United States Deputy Marshal, Special Agent of the Federal Bureau
of Investigation or any other federal law enforcement officer who is employed full-time as a law
enforcement officer by the federal government, who is authorized by federal law to conduct any
investigation of, and make any arrest for, any offense in violation of federal law shall have the
same authority, and be empowered to act, as peace officers within the Cherokee Nation in
rendering assistance to any law enforcement officer in an emergency, or at the request of any
officer, and to arrest any person committing any offense in violation of the laws of the Cherokee
Nation.
§ 100. Signature
The term "signature" includes any name, mark or sign, written with the intent to authenticate any
instrument or writing.
§ 101. Writing includes printing

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amendments available at: https://cherokee.legistar.com/Legislation.aspx

The term "writing" includes printing.
§ 102. Real property
The term "real property" includes every estate, interest and right in lands, tenements and
hereditaments.
§ 103. Personal property
The term "personal property" includes every description of money, goods, chattels, effects,
evidences of right in action, and written instruments by which any pecuniary obligation, right or
title to property, real or personal, is created or acknowledged, transferred, increased, defeated,
discharged or diminished.
§ 104. Property defined
The term "property" includes both real and personal property.
§ 105. Person defined
The word "person" includes corporations, as well as natural persons who are subject to the
jurisdiction of Cherokee Nation pursuant to federal law.
§ 106. Person as designating party whose property may be subject of offense
Where the term "person" is used in this Title to designate the party whose property may be the
subject of any offense, it includes this Nation, any state, other government or country which may
lawfully own any property within this Nation, and all public and private corporations or joint
associations, as well as individuals.
§ 107. Singular includes plural
The singular number includes the plural, and the plural the singular.
§ 108. Gender
Words used in the masculine gender comprehend as well the feminine and neuter.
§ 109. Present tense
Words used in the present tense include the future, but exclude the past.
§ 110. Intent to defraud

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Whenever, by any of the provisions of this title, an intent to defraud is required in order to
constitute any offense, it is sufficient if an intent appears to defraud any person, association or
body politic or corporate whatever.
OTHER REMEDIES AND PUNISHMENTS
§ 131. Civil remedies not affected
The omission to specify or affirm in this title, any liability to any damages, penalty, forfeiture or
other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or
proceeding, for any act or omission declared punishable herein, does not affect any right to recover
or enforce the same.
§ 132. Proceeding to impeach or remove
The omission to specify or affirm in this title, any ground of forfeiture of a public office or other
trust or special authority conferred by law, to impeach, remove, depose or suspend any public
officer or other person holding any trust, appointment or other special authority conferred by law,
does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect
such impeachment, removal, deposition or suspension.
FINES AND PENALTIES
§ 141. Payment into Cherokee Nation
All fines, forfeitures and pecuniary penalties prescribed as a punishment by any of the provisions
of this title, when collected, shall be paid to Cherokee Nation.
CRIME VICTIMS COMPENSATION ACT
§ 142.1. Intent of Cherokee Nation Tribal Council
It is the intent of the Cherokee Nation Council to provide a method of compensating and assisting
those persons within the Nation who are victims of criminal acts and who suffer physical or
psychological injury or death. To this end, it is the further intent of the Council to provide
compensation in the amount of expenses actually incurred as a direct result of the criminal acts of
other persons.
§§ 142.2-142.11. Reserved
§ 142.12. Authority to authorize payments
The Principal Chief shall have the authority to create any process deemed necessary through which
victim compensation payments may be expended.

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§ 142.13 Revolving Fund Established
There is hereby established a revolving fund to be designated the “Crime Victims Compensation
Revolving Fund” (“Fund”) which shall be held and administered by the Treasurer in accordance with
the purposes of this Act. The Fund shall be authorized by the Tribal Council as a continuing fund,
which shall initially receive a direct appropriation to begin the Fund and thereafter, shall receive a
direct continuing appropriation from all monies accruing to the credit of said Fund. Such monies are
hereby appropriated and may be budgeted and expended by the Treasurer for the purpose of
implementing the provisions of the Wilma P. Mankiller Victim’s Act, including the provisions set
forth in Section 142.1 et seq. of this title.
Expenditures from said fund shall be made by the Treasurer against claims filed as prescribed by
policies created pursuant to § 142.12. The fund shall be maintained as authorized by law for
investments by the Treasurer. The interest earned by any investment of monies from the fund shall
be credited to the fund for expenditure as provided by herein.
§§ 142.14-142.17. Reserved
§ 142.18. Victim compensation assessments
A. In addition to the imposition of any costs, penalties, or fines imposed pursuant to law, any person
convicted of, pleading guilty to, or agreeing to a deferred judgment procedure for a crime involving
criminally injurious conduct, be it a felony or misdemeanor offense, shall be ordered to pay a victim
compensation assessment of at least Five Dollars ($5.00), but not to exceed Fifteen Thousand Dollars
($15,000.00), for each crime for which the person was convicted, pled guilty to, or agreed to a
deferred judgement procedure for. In imposing this penalty, the Court shall consider factors such as
the severity of the crime, the prior criminal record, the expenses of the victim of the crime, and the
ability of the defendant to pay, as well as the economic impact of the victim compensation assessment
on the dependents of the defendant.
B. All monies collected pursuant to this section shall be deposited in the Victims Compensation
Revolving Fund.
§ 143.1 Intent of Cherokee Nation Tribal Council
It is the intent of the Cherokee Nation Tribal Council to secure justice and due process for victims
throughout the criminal and juvenile justice systems. To this end, the Council provides that victims
of crime shall have rights, which shall be protected by law in a manner no less vigorous than the
rights afforded to the accused.
§ 143.2. Short Title

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This act shall be known and may be cited as the “Wilma P. Mankiller Victim’s Rights Act.”
§ 143.3 Victim’s Rights—Generally
A. Victims of crime shall have the following rights:
1. To be treated with fairness and respect for the victim's safety, dignity, and privacy;
2. Upon request and whenever possible, to reasonable and timely notice of and to be
present at all proceedings involving the criminal or delinquent conduct;
3. To be heard in any proceeding involving release, plea, sentencing, or disposition;
4. To refuse an interview or other request made by the accused or any person acting on
behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel;
5. Upon request and whenever possible, to full and timely restitution;
6. To proceedings free from unreasonable delay, and a prompt conclusion of the case;
7. Upon request, to confer with the attorney for the Nation; and
8. To be informed of all rights enumerated in this section.
B. The victim, or the attorney for the Cherokee Nation Attorney General’s Office, may assert in
any jurisdiction the rights enumerated in this act and any other right afforded to the victim by
law. The court shall act promptly on such a request.
C. This act shall not be construed as a waiver of sovereign immunity and shall not create any
cause of action for compensation or damages against the Cherokee Nation, any officer,
employee, or agent of the nation, or any officer or employee of the court.
D. As used in this section, the term "victim" includes any person against whom a criminal
offense or delinquent act is committed, or any person who is directly and proximately harmed
by the commission of such offense or act. The term "victim" shall not include the accused or
any person whom the court finds would not act in the best interests of a deceased,
incompetent, minor, or incapacitated victim.
§ 143.4. Duty of the Office of Attorney General to Victims

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A. The Office of the Attorney General is directed to inform the victims and witnesses of crimes
of their rights under this Act. The following rights shall be included:
1. Upon request, to be notified and to be present at all proceedings involving the criminal
or delinquent conduct; to be heard in any proceeding involving release, plea,
sentencing, disposition, and parole; to be notified that a court proceeding to which a
victim or witness has been subpoenaed will or will not go on as scheduled in order to
save the person an unnecessary trip to court;
2. To be treated with fairness and respect for the safety, dignity and privacy of the
victim;
3. To be informed of financial assistance and other social services available to witnesses
and/or victims, including information on how to apply for any applicable assistance
and services;
4. To be informed of the procedure for applying to receive any restitution to which the
victim is entitled;
5. To be provided, whenever possible, a secure waiting area during court proceedings
that does not require close proximity to defendants and families and friends of
defendants;
6. To have any stolen or other personal property expeditiously returned by law
enforcement agencies when no longer needed as evidence. If feasible, all such
property—except weapons, currency, contraband, property subject to evidentiary
analysis, and property the ownership of which is disputed—shall be returned to the
person;
7. To have the family members of any homicide victims afforded any applicable services
under this section, whether or not the person is to be a witness in any criminal
proceeding;
8. To be informed of any plea bargain negotiations and, upon request, to confer with the
attorney for the nation;
9. To have victim impact statements filed with the court;
10. To a speedy disposition of the charges free from unwarranted delay caused by or at
the behest of the defendant or minor. In determining a date for any criminal trial or
other important criminal or juvenile justice hearing, the court shall consider the
interests of the victim of a crime to a speedy resolution of the charges under the same

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standards that govern the right to a speedy trial for a defendant or a minor. In ruling
on any motion presented on behalf of a defendant or minor to continue a previously
established trial or other important criminal or juvenile justice hearing, the court shall
inquire into the circumstances requiring the delay and consider the interests of the
victim of a crime to a speedy resolution of the case. If a continuance is granted, the
court shall enter into the record the specific reason for the continuance and the
procedures that have been taken to avoid further delays.
B. The Attorney General’s office shall provide all victims with an official request for restitution
form. The form is to be completed and signed by the victim, and shall include all invoices,
bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss. The
victim shall provide all documentation and evidence of compensation or reimbursement from
insurance companies or agencies of this Nation, any other nation or tribal government, any
state, or the federal government received as a direct result of the crime for injury, loss of
earnings, or out-of-pocket loss. The unexcused failure or refusal of the victim to provide all
or part of the requisite information prior to the sentencing, unless disclosure is deferred by
the court, shall constitute a waiver of any grounds to appeal or seek future amendment or
alteration of the restitution order predicated on the undisclosed available information.
§143.5. Duty of Law Enforcement to Victims
Upon the preliminary investigation of a crime, it shall be the duty of the officer who interviews the
victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an
incompetent person, or the family member who receives death notification in the case of a homicide,
in writing, of their rights as a crime victim. Written notification shall consist of handing the victim a
preprinted card or brochure that, at a minimum, includes the following information:
1. A statement that reads, "As a victim of crime, you have certain rights";
2. Telephone and address information for the Office of the Attorney General; and
3. The website address where victims can access a full list of their rights, additional information,
and how to apply for victim compensation assistance.
§143.6. Victim Impact Statements
A. Each victim, or members of the immediate family of each victim, or person designated by the
victim or by family members of the victim, may present a victim impact statement either in
writing or orally at the sentencing proceeding. Any victim or representative who appears
personally at the formal sentence proceeding shall not be cross-examined by opposing
counsel; provided, however, such cross-examination shall not be prohibited in a proceeding
before a jury or a judge acting as a finder of fact. A written victim impact statement

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introduced at a formal sentence proceeding shall not be amended by any person other than
the author, nor shall the statement be excluded in whole or in part from the court record. The
court shall allow the victim impact statement to be read into the record.
B. If a presentence investigation report is prepared, the person preparing the report shall consult
with each victim or members of the immediate family or a designee of members of the
immediate family if the victim is deceased, incapacitated or incompetent, and include any
victim impact statements in the presentence investigation report. If the individual to be
consulted cannot be located or declines to cooperate, a notation to that effect shall be
included.
C. The judge shall make available to the parties copies of any victim impact statements.
D. In any case which is plea bargained, victim impact statements shall be presented at the time
of sentencing. In determining the appropriate sentence, the court shall consider among other
factors any victim impact statements if submitted to the jury, or the judge in the event a jury
was waived.
E. Any victim impact statements submitted to the court, judge, or jury shall be considered when
deciding whether to release an individual on parole.
CHAPTER 3
PERSONS LIABLE TO PUNISHMENT
§ 151. Persons liable to punishment in Cherokee Nation
The following persons are liable to punishment under the laws of this Nation:
1. All persons who commit, in whole or in part, any crime within the Cherokee Nation.
2. All persons who commit theft out of this Nation, and bring, or are found with the property stolen,
in the Cherokee Nation.
3. All persons who, being out of the Cherokee Nation, abduct or kidnap, by force or fraud, any person
contrary to the laws of the place where such act is committed, and bring, send, or convey such
person within the limits of the Cherokee Nation, and are afterward found therein.
4. And all persons who, being out of the Cherokee Nation, cause or aid, advise or encourage, another
person, causing an injury to any person or property within the Cherokee Nation by means of any
act or neglect which is declared criminal by this code, and who are afterward found within the
Cherokee Nation.
5. Any person who violates the criminal laws of the Cherokee Nation shall be subject to the civil

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remedies and penalties of the Cherokee Nation.
§ 152. Persons capable of committing crimes—Exceptions—Children—Idiots—Lunatics—
Ignorance—Commission without consciousness—Involuntary subjection
All persons are capable of committing crimes, except those belonging to the following classes:
1. Children under the age of seven (7) years.
2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence
of proof that at the time of committing the act or neglect charged against them, they knew its
wrongfulness.
3. Mentally ill persons and persons of unsound mind, including persons temporarily or partially
deprived of reason, upon proof that at the time of committing the act charged against them they
were incapable of knowing its wrongfulness.
4. Persons who committed the act, or made the omission charged, under an ignorance or mistake of
fact which disproves any criminal intent. But ignorance of the law does not excuse from
punishment for its violation.
5. Persons who committed the act charged without being conscious thereof.
6. Persons who committed the act, or make the omission charged, while under involuntary subjection
to the power of superiors.
§ 153. Intoxication no defense
No act committed by a person while in a state of voluntary intoxication shall be deemed less
criminal by reason of his having been in such condition.
§ 154. Morbid propensity no defense
A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown
to have been incapable of knowing the wrongfulness of such acts, forms no defense to a
prosecution therefor.
§ 155. Subjection to superior exonerates
The involuntary subjection to the power of a superior which exonerates a person charged with a
criminal act or omission from punishment therefor, arises from duress.
§ 156. Duress must be actual

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The duress which excuses a person from punishment who has committed a prohibited act or
omission must be an actual compulsion by use of force or fear.
§§ 157-170. Reserved
CHAPTER 4
PARTIES TO
CRIME
§ 171. Classification of parties
The parties to crimes are classified as:
1. Principals, and,
2. Accessories.
§ 172. Principals defined
All persons concerned in the commission of crime, whether it be a felony or a misdemeanor, and
whether they directly commit the act constituting the offense, or aid and abet in its commission,
though not present, are principals.
§ 173. Accessories defined
All persons who, after the commission of any felony, conceal or aid the offender, with knowledge
that he has committed a felony, and with intent that he may avoid or escape from arrest, trial,
conviction, or punishment, are accessories.
§ 174. No accessories to misdemeanor
If the underlying crime is a misdemeanor, there are no accessories.
§ 175. Punishment of accessories
Except in cases where a different punishment is prescribed by law, an accessory to a crime is
punishable as a principal.
§§ 176- 262. Reserved

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CHAPTER 6
CRIMES AGAINST THE EXECUTIVE POWER
§ 263. Falsely assuming to be officer
Every person who shall falsely assume or pretend to be any tribal officer, or who shall
knowingly take upon himself to act as such or to require any person to act as such, or assist him in
any matter pertaining to such office, shall be punished by imprisonment for not more than one (1)
year nor less than three (3) months, and by fine not exceeding Five Hundred ($500.00) nor less
than Fifty Dollars ($50.00).
§ 264. Falsely assuming to be peace officers—Private persons may make arrests
A. Any person who shall without due authority exercise or attempt to exercise the functions
of or hold himself out to any one as a deputy sheriff, marshal, policeman, constable or
peace officer, shall be deemed guilty of a crime: Provided, however, that this section shall
not be so construed as to prevent private persons from making arrests for crimes committed
in their presence.
B. It shall be unlawful for any person to affix on his or her motor vehicle, either temporarily
or permanently, any insignia typically used by a law enforcement agency for the purpose
of causing any other motor vehicle operator to yield the right-of-way and stop, or which
actually causes any other motor vehicle operator to yield the right-of-way and stop,
whether intended or not. Any person who violates the provisions of this subsection shall,
upon conviction, be guilty of a misdemeanor punishable by imprisonment for not more
than one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both
such fine and imprisonment. The provisions of this subsection shall not apply to vehicles
of any fire department, fire patrol, law enforcement vehicles, ambulances, or other
authorized emergency vehicles.
§ 265. Bribing or offering bribe to executive officer
Every person who gives or offers any bribe to any executive officer, with intent to influence him
in respect to any act, decision, vote, opinion, or other proceedings of such officer, is guilty of a
crime.
§ 266. Asking or receiving bribes
Every executive officer or person elected or appointed to executive office who asks, receives or
agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action
upon any matter then pending, or which may by law be brought before him in his official capacity,
shall be influenced thereby, is guilty of a crime and in addition thereto, forfeits his office and is
forever disqualified from holding any public office under the laws of the Nation.

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§ 267. Preventing officer's performance of duty
Every person who attempts, by means of any threat or violence, to deter or prevent any executive
officer from performing any duty imposed upon such officer by law, is guilty of a crime.
§ 268. Resisting executive officer
Every person who knowingly resists, by the use of force or violence, any executive officer in the
performance of his duty, is guilty of a crime.
§ 269. Asking or receiving unauthorized reward for official act
A. Every executive officer who asks or receives any emolument, gratuity or reward, or any
promise of any emolument, gratuity or reward, excepting such as may be authorized by
law, for doing any official act, is guilty of a misdemeanor.
B. It shall be unlawful for any tribal employee, with responsibility or oversight for
processing a benefit or allowance, to solicit any portion of the benefit or allowance
as a gratuity, kickback, or loan from a recipient who is otherwise entitled to the
benefit or allowance.
C. Any tribal employee convicted of violating the provisions of subsection B of this section
shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars
($500.00), or by imprisonment for a term not to exceed one (1) year, or by both such fine
and imprisonment.
§ 270. Reward for omission to act, asking or receiving
Every executive officer who asks or receives any emolument, gratuity or reward, or any promise
of any emolument, gratuity or reward, for omitting or deferring the performance of any official
duty, is guilty of a misdemeanor.
§271-277. Reserved
§ 278. Refusal to surrender books to successor
Every person who having been an executive officer of this Nation, wrongfully refuses to surrender
the official seal or any of the books and papers appertaining to his office, to his successor, who
has been duly elected or appointed, and has duly qualified, and has demanded the surrender of the
books and papers of such office is guilty of a crime.
§ 279. Administrative officers included
The various provisions of this article which relate to executive officers apply in relation to

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administrative officers in the same manner as if administrative and executive officer were both
mentioned together.
§§ 280-300. Reserved
CHAPTER 7
CRIMES AGAINST THE LEGISLATIVE POWER
§ 301. Preventing meetings of Council
Every person who willfully and by force or fraud prevents the Council, or any of the Members
thereof, from meeting or organizing, is guilty of a felony punishable by imprisonment not
exceeding three (3) years, or by fine not exceeding Five Thousand Dollars ($5,000), or both.
§§ 302-303. Reserved.
§ 304. Preventing Council Member or personnel from performing official duties—Penalty
Any person who alone or in concert with others willfully either by force, physical interference,
fraud, intimidation, or by means of any independently unlawful act, prevents or attempts to prevent
any member, officer or employee of the council from performing any official act, function, power
or duty shall be guilty of a crime.
§ 308. Bribery of or influencing Council Members
Every person who gives or offers to give a bribe to any Member of the Council, or attempts directly
or indirectly, by menace, deceit, suppression of truth or any other corrupt means, to influence a
Member in giving or withholding his vote, or in not attending the Council meeting, or any
committee thereof is guilty of a felony punishable by imprisonment not exceeding three (3) years,
or by fine not exceeding Five Thousand Dollars ($5,000), or both..
§ 309. Soliciting bribes—Trading votes
Every Member of the Council who asks, receives or agrees to receive any bribe upon any
understanding that his official vote, opinion, judgment or action shall be influenced thereby, or
shall be given in any manner or upon any particular side of any question or matter upon which he
may be required to act in his official capacity or who gives, or offers or promises to give any
official vote in consideration that another Member of the Council shall give any such vote, either
upon the same or another question, is guilty of a felony punishable by imprisonment not exceeding
three (3) years, or by fine not exceeding Five Thousand Dollars ($5,000), or both.
§§ 313-317. Reserved,

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§ 312. Forfeiture of office—Disqualification to hold office
The conviction of a Member of the Council of bribery involves as a consequence, in addition to
the punishment prescribed by this code, a forfeiture of his office, and disqualifies him from ever
afterwards holding any office under this Nation.
§ 318. Bribery
No person, firm, or member of a firm, corporation, or association shall give or offer any money,
position or thing of value to any Member of the Council to influence him to work or to vote for
any
proposition, nor shall any Member of the Council accept any money, position, promise, or reward
or thing of value for his work or vote upon any bill, resolution or measure before the Council.
§ 319. Penalty for Bribery
Any person or member of any firm, corporation or association violating the provisions of Section
318 of this title shall be guilty of a felony punishable by imprisonment for not less than one (1)
year nor more than three (3) years, and by a fine in the sum of not less than One Thousand
Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).
§ 320. Member of Council—Soliciting or securing employment with Cherokee Nation
It shall be unlawful for any Member of the Council to solicit, receive or accept any money or thing
of value either directly or through another person for soliciting or securing employment of or for
another person from any department or institution of the Nation, where the said department or
institution is supported in whole or in part from revenues levied pursuant to shall be given in any
manner or upon any particular side of any question or matter upon which he may be required to
act in his official capacity, or who gives, or offers or promises to give any official vote in
consideration that another Member of the Council shall give any such vote, either upon the same
or another question, is guilty of a crime.
§ 321. Penalty for violating Section 320
Any member of the Tribal Council who shall violate the provisions of Section 321 of this title
shall be guilty of a felony, and upon conviction shall be fined not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00), and be imprisoned for not less than
one (1) year nor more than three (3) years and, in addition thereto, the member shall forfeit office.
§§ 322-340. Reserved
CHAPTER 8

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CRIMES AGAINST THE REVENUE AND PROPERTY OF THE NATION
§ 341. Embezzlement and false accounts by officers
Every public officer of the Nation and every deputy or clerk of any such officer and every other
person receiving any money or other thing of value on behalf of or for account of this Nation or
any department of the government of this Nation or any bureau or fund created by law and in
which this Nation or the people thereof, are directly or indirectly interested, who either:
First: Appropriates to his own use, or to the use of any person not entitled thereto, without authority
of law, any money or anything of value received by him as such officer, clerk, or deputy, or
otherwise, on behalf of this Nation, or any subdivision of this Nation, or the people thereof, or in
which they are interested; or
Second: Receives, directly or indirectly, any interest, profit or perquisites, arising from the use or
loan of public funds in his hands or money to be raised through his agency for the Nation; or
Third: Knowingly keeps any false account, or makes any false entry or erasure in any account of
or relating to any monies so received by him, on behalf of the Nation, or the people thereof, or in
which they are interested; or
Fourth: Fraudulently alters, falsifies, cancels, destroys or obliterates any such account; or
Fifth: Willfully omits or refuses to pay over to the Nation, or its officers or agents authorized by
law to receive the same, any money or interest, profit or perquisites arising therefrom, received by
him under any duty imposed by law so to pay over the same, shall upon conviction thereof, be
deemed guilty of a crime, and in addition thereto shall be disqualified to hold office in this Nation,
and the court shall issue an order of such forfeiture, and should appeal be taken from the judgment
of the Court, the defendant may, in the discretion of the Court, stand suspended from such office
until such cause is finally determined.
§ 344. Fraud by officer authorized to sell, lease or make contract
Every public officer, being authorized to sell or lease any property, or make any contract in his
official capacity, who voluntarily becomes interested individually in such sale, lease or contract,
directly or indirectly, is guilty of a misdemeanor.
§ 346. Obstructing the collection of taxes
Every person who willfully obstructs or hinders any public officer of the Cherokee Nation from
collecting any revenue, taxes, or other sums of money in which, or any part of which the people
of this Nation are directly or indirectly interested, and which such officer is by law empowered to
collect, is guilty of a misdemeanor.

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§ 347-348. Reserved
§ 349. Injuring or burning public buildings
Every person who willfully burns, destroys, or injures any public buildings or improvements in
this Nation, is guilty of a crime.
§ 350. Reserved
§ 351. False statement regarding taxes
Every person who, in making any statement, oral or written, which is required or authorized by
law to be made as the basis of imposing any tax or assessment, or of an application to reduce any
tax or assessment, willfully states any material matter which he knows to be false, is guilty, upon
conviction, of a crime.
§ 352. Reserved
§ 353. Officer dealing in warrants—Crime
It shall be unlawful for any public officer or deputy or employee of such officer to either directly
or indirectly, buy, barter for, or otherwise engage in any manner in the purchase of any bonds,
warrants or any other evidence of indebtedness against this Nation, any subdivision thereof, of
which he is an officer.
§ 354. Penalty
Any person who shall violate any of the provisions of the two preceding sections shall be deemed
guilty of the unlawful issuing of warrants or the unlawful purchase of warrants as the case may be,
and shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00).
§§ 356-357. Reserved
§ 355. Member of governing body not to furnish public supplies for consideration
It shall be unlawful for any Member of the Council of the nation to furnish, for a consideration
any material or supplies for the use of said Nation or subdivision.
§ 358. False, fictitious or fraudulent claims against Cherokee Nation
It shall be unlawful for any person, firm, corporation, association or agency to make, present, or
cause to be presented to any employee or officer of Cherokee Nation, or to any department or
agency thereof, any false, fictitious or fraudulent claim for payment of public funds upon or against

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Cherokee Nation, or any department or agency thereof, knowing such claim to be false, fictitious
or fraudulent.
§ 359. Penalties
Any person, firm, corporation, association or agency found guilty of violating the foregoing
section shall be guilty of a crime.
§§ 360-379. Reserved
PART II
CRIMES AGAINST PUBLIC JUSTICE
CHAPTER 10
BRIBERY AND CORRUPTION
§ 380. Bribery of fiduciary
A. Any fiduciary who, with a corrupt intent and without the consent of his beneficiary, intentionally
or knowingly solicits, accepts, or agrees to accept any bribe from another person with the
agreement or understanding that the bribe as defined by law will influence the conduct of the
fiduciary in relation to the affairs of his beneficiary, upon conviction, is guilty of a felony
punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed
Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.
B. Any person who offers, confers, or agrees to confer any bribe the acceptance of which is an offense
pursuant to the provisions of subsection (A) of this section, upon conviction, is guilty of a felony
punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed
Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.
.
C. As used in subsection (A) of this section:
1. "Beneficiary" means any person for whom a fiduciary is acting.
2. "Fiduciary" means:
a. an agent or employee; or
b. a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary;
or
c. a lawyer, physician, accountant, appraiser, or other professional advisor; or

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d. an officer, director, partner, manager, or other participant in the direction of the affairs of a
corporation or association.
§ 381. Bribing officers
Whoever corruptly gives, offers, or promises to any executive, legislative, judicial, or other public
officer, or any employee of Cherokee Nation or any political subdivision thereof, including peace
officers and any other law enforcement officer, or any person assuming to act as such officer, after
his election or appointment, either before or after he has qualified or has taken his seat, any gift or
gratuity whatever, with intent to influence his act, vote, opinion, decision, or judgment on any
matter, question, cause, or proceeding which then may be pending, or may by law come or be
brought before him in his official capacity, or as a consideration for any speech, work, or service
in connection therewith, shall be guilty of a felony punishable by imprisonment not exceeding
three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00).
§ 382. Officers receiving bribes
Every executive, legislative, judicial, or other public officer, or any employee of Cherokee Nation
or any political subdivision thereof, including peace officers and any other law enforcement
officer, or any person assuming to act as such officer, who corruptly accepts or requests a gift or
gratuity, or a promise to make a gift, or a promise to do an act beneficial to such officer, or that
judgment shall be given in any particular manner, or upon a particular side of any question, cause
or proceeding, which is or may be by law brought before him in his official capacity, or that in such
capacity he shall make any particular nomination or appointment, shall forfeit his office, be forever
disqualified to hold any public office, trust, or appointment under the laws of this Nation, is guilty
of a felony punishable by imprisonment not exceeding three (3) years, or by a fine not exceeding
Fifteen Thousand Dollars ($15,000.00), or both.
§ 383. Bribing jurors, referees, etc.
Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator,
umpire or assessor, or to any person who may be authorized by law or agreement of parties
interested to hear or determine any question or controversy, with intent to influence his vote,
opinion or decision upon any matter or question which is or may be brought before him for
decision, is guilty of a felony punishable by imprisonment not exceeding three (3) years, or by a
fine not exceeding Fifteen Thousand Dollars ($15,000.00), or both.
§ 384. Receiving bribes by jurors, referees, etc.
Every juror, referee, arbitrator, umpire or assessor, and every person authorized by law to hear or
determine any question or controversy, who asks, receives, or agrees to receive, any bribe upon

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any agreement or understanding that his vote, opinion or decision upon any matter or question
which is or may be brought before him for decision, shall be thereby influenced, is guilty of a
felony punishable by imprisonment not exceeding three (3) years, or by a fine not exceeding
Fifteen Thousand Dollars ($15,000.00), or both.
§ 385. Misconduct of jurors
Every juror or person drawn or summoned as a juror, or chosen arbitrator, or umpire, or appointed
referee, who either:
1. Makes any promise or agreement to give a verdict for or against any party; or
2. Willfully permits any communication to be made to him, or receives any book, paper, instrument,
or information relative to any cause pending before him, except according to the regular course
of proceeding upon the trial of such cause,
is guilty of a misdemeanor.
§ 386. Accepting gifts
Every judicial officer, juror, referee, arbitrator or umpire, who accepts any gift from any person,
knowing him to be a party in interest or the attorney or counsel of any party in interest to any
action or proceeding then pending or about to be brought before him, is guilty of a misdemeanor.
§ 387. Gifts defined
The word "gift" in the foregoing section shall not be taken to include property received by
inheritance, by will or by gift in view of death.
§ 388. Attempts to influence jurors
Every person who attempts to influence a juror, or any person summoned or drawn as a juror, or
chosen as arbitrator or appointed a referee, in respect to his verdict, or decision of any cause or
matter pending, or about to be brought before him, either:
1st, By means of any communication oral or written had with him, except in the regular course of
proceedings upon the trial of the cause;
2nd, By means of any book, paper, or instrument, exhibited otherwise than in the regular course
of proceedings, upon the trial of the cause;
3rd, By means of any threat or intimidation;
4th, By means of any assurance or promise of any pecuniary or other advantage; or,

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5th, By publishing any statement, argument or observation relating to the cause, is guilty of a
misdemeanor.
§ 389. Drawing jurors fraudulently
Every person authorized by law to assist at the drawing of any jurors to attend any court, who
willfully puts or consents to the putting upon any list of jurors as having been drawn any name
which shall not have been drawn for that purpose in the manner prescribed by law; or, who omits
to place on such list any name that shall have been drawn in the manner prescribed by law, or who
signs or certifies any list of jurors as having been drawn which was not drawn according to law;
or, who is guilty of any other unfair, partial or improper conduct in the drawing of any such list of
jurors, is guilty of a misdemeanor.
§ 390. Misconduct by officer in charge of jury
Every officer to whose charge any juror or jury is committed by any court or magistrate who
negligently or willfully permits them, or any one of them, either:
1. To receive any communication from any person;
2. To make any communication to any person;
3. To obtain or receive any book or paper or refreshment; or
4. To leave the jury room, the jury box, or his immediate custody or control, without the leave of
such court or magistrate first obtained, is guilty of a misdemeanor.
Every bailiff, or other officer or person, into whose custody and care any court of record
contemplates committing any juror or jury, before entering upon his duties as such for the Court
term or such lesser period of such service as the Court may determine, shall first be admonished
and shall make in writing and file with the Clerk of such Court a solemn oath, sworn to before the
Clerk or Judge of such Court, to the effect that he will regard the foregoing provisions of this
section and that he will faithfully prevent the same and obstruct any attempt to accomplish or to
attempt to do any of them, but at the same time to have regard to the comfort and well-being of
the jurors and all of them, entrusted into his care in each and every jury trial in any cause during
such Court term or lesser period of appointment by such Court.
In every Court the same admonition shall be given and the same oath required as above, in each
jury trial; but the Court shall have the option whether the same be oral, or in writing and filed in
such case, but thereafter during the trial of the same cause and until such jury is dismissed from
further consideration of the same it shall not be necessary, for all intent and purposes of this act,
to administer again such admonition or to require such oath.
§§ 391-420. Reserved

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CHAPTER 11
CONSPIRACY
§ 421. Conspiracy—Definition—Punishment
3. If two or more persons conspire, either:
1. To commit any crime; or
2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or
arrested for any crime; or
3. Falsely to move or maintain any suit, action or proceeding; or
4. To cheat and defraud any person of any property by any means which are in themselves criminal,
or by any means which, if executed, would amount to a cheat or to obtaining money or property
by false pretenses; or
5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for
the perversion or obstruction of justice or the due administration of the laws, they are guilty of a
conspiracy.
4. Except in cases where a different punishment is prescribed by law the punishment for conspiracy
shall be a misdemeanor unless the conspiracy is to commit a felony.
5. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not
more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a period not
exceeding three (3) years, or by both such fine and imprisonment.
§ 422. Conspiracy outside Cherokee Nation against the peace of the Nation
If two or more persons, being out of this Nation, conspire to commit any act against the peace of
this Nation, the commission or attempted commission of which, within this nation, would be
treason against the Nation, they are guilty of a felony punishable by a fine of not more than Fifteen
Thousand Dollars ($15,000.00), or by imprisonment for a period not exceeding three (3) years, or
by both such fine and imprisonment.
§ 423. Overt act necessary
No agreement to commit a crime amounts to a conspiracy, unless some act besides such agreement
be done to effect the object thereof, by one or more of the parties to such agreement.

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§ 424. Punishment for conspiracy against Cherokee Nation
If two or more persons conspire either to commit any offense against Cherokee Nation, any
subdivision thereof, or to defraud Cherokee Nation, any subdivision thereof, in any manner or for
any purpose, and if one or more of such parties do any act to effect the object of the conspiracy,
all the parties to such conspiracy shall be guilty of a felony punishable by a fine of not more than
Five Thousand Dollars ($5,000.00) or imprisonment for not more than three (3) years or by both
such fine and imprisonment.
CHAPTER 11A
ELECTION
FRAUD
§ 425. Voting fraud
Every person, not having the qualification of a voter, who shall fraudulently vote, or attempt to
vote, at any election, or who shall vote or attempt to vote, more than once for the same candidate,
at any election, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined
not less than One Hundred Dollars ($100.00), and be imprisoned for any time less than one (1)
year and exceeding six (6) months, and be forever disqualified from voting.
§ 426. Unlawful influence of voters
Every person who shall by bribery, treats or offers of employment, attempt to influence any voter
in giving his vote, or shall use threats to procure any voter to vote contrary to the inclination of
such voter, or to deter him from giving his vote, shall be deemed guilty of a crime, and, upon
conviction, be fined in a sum of not less than One Hundred Dollars ($100.00), and not more than
Five Hundred Dollars ($500.00), or be imprisoned for any time less than one (1) year, and
exceeding three (3) months, or both by fine and imprisonment, at the discretion of the Court.
§ 427. Receiving the votes of unqualified voters
Any Election Board member who shall willfully and knowingly receive or sanction the reception
of the vote of any person not having the qualification of a voter, or who shall be guilty of a wilful
neglect of duty, or of any corrupt action in the execution of the same, shall be deemed guilty of a
misdemeanor, and, upon conviction, be fined in a sum of not less than One Hundred Dollars
($100.00), nor more than One Thousand Dollars ($1,000.00), and be imprisoned for any term less
than one (1) year and exceeding three (3) months.
§ 428. Tampering with election returns

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Any person, who shall fraudulently alter, mutilate, destroy, or unlawfully open, after being sealed
up, any returns of election, shall be deemed guilty of a misdemeanor, and, upon conviction, be
imprisoned for any term less than one (1) year and exceeding three (3) months.
§§ 429-430. Reserved
CHAPTER 12
ESCAPES AND AIDING THEREIN
§ 431. Rearrest of escaped prisoners
Every prisoner confined upon conviction for a criminal offense, who escapes from a penal
institution, may be pursued, retaken and imprisoned again, notwithstanding the term for which he
was sentenced to be imprisoned may have expired at the time when he is retaken, and he shall
remain so imprisoned until tried for such escape, or discharged, on a failure to prosecute therefor.
§ 432-433. Reserved
§ 434. Escape from penitentiary or jail
Every prisoner confined in any penitentiary or jail, who escapes by force or fraud from such penal
institution, is guilty of a felony punishable by imprisonment not exceeding three (3) years, or by a
fine of not more than Fifteen-thousand dollars ($15,000), or by both such fine and imprisonment.
§ 435. Reserved
§ 436. Attempt to escape from penitentiary or jail
Every prisoner confined in any penal institution who attempts by force or fraud, although
unsuccessfully, to escape therefrom, is guilty of a crime.
§ 437. Assisting prisoner to escape
Every person who willfully by any means whatever, assists any prisoner confined in any penal
institution to escape therefrom, is guilty of a crime.
§ 438. Carrying into penitentiary or jail things to aid escape
Every person who carries or sends into any penal institution anything useful to aid any prisoner in
making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is
punishable as guilty as follows:
1. If such prisoner was confined upon a charge or conviction of a felony, by imprisonment not
exceeding three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000), or

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by both such fine and imprisonment.
2. If such prisoner was confined otherwise than upon a charge or conviction of a misdemeanor,
by imprisonment not exceeding one (1) year, or by a fine of not more than Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment.
§ 439. Concealing escaped prisoner
Every person who willfully and knowingly conceals any prisoner, who having been confined in
penal institution upon a charge or conviction of crime, has escaped therefrom, is guilty of a
misdemeanor.
§ 440. Harboring criminals and fugitives—Penalty
A. Any person who shall knowingly feed, lodge, clothe, arm, equip in whole or in part,
harbor, aid, assist or conceal in any manner any person guilty of any crime, or outlaw, or
fugitive from justice, or any person seeking to escape arrest for any crime committed
within this Nation or state, jurisdiction or territory, shall be guilty of a felony punishable
by imprisonment for a period not exceeding three (3) years, or by a fine of not more than
Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
B. It shall be unlawful for any person who has reason to believe that a sex offender is in
violation of the registration requirements of the Sex Offenders Registration Act and who
has the intent to assist the sex offender in eluding arrest, to do any of the following:
a. Withhold information from, or fail to notify, a law enforcement agency about the
noncompliance of the sex offender with the registration requirements of the Sex
Offenders Registration Act, and, if known, the whereabouts of the offender;
b. Harbor, attempt to harbor, or assist another person in harboring or attempting to
harbor, the sex offender;
c. Conceal, or attempt to conceal, or assist another person in concealing or
attempting to conceal, the sex offender; or
d. Provide information to a law enforcement agency regarding the sex offender that
the person knows to be false information.
C. Any person convicted of violating the provisions of subsection B of this section shall be
guilty of a misdemeanor punishable by a fine of not more than Five Thousand Dollars
($5,000.00), or by imprisonment for a term not to exceed one (1) year, or by both such
fine and imprisonment.
§ 441. Assisting escape from officer
Every person who willfully assists any prisoner in escaping or attempting to escape from the
custody of any officer or person having the lawful charge of such prisoner under any process of
law or under any lawful arrest, is guilty of a misdemeanor punishable by a fine of not more than
One Thousand Dollars ($1,000.00), or by imprisonment for a term not to exceed one (1) year, or
by both such fine and imprisonment.

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§ 442. Prisoner defined
The term "prisoner" in this chapter includes every person held in custody under process of law
issued from a court of competent jurisdiction, whether civil or criminal, or under any lawful arrest.
§ 443.
Additional punishment under rules and regulations of jail or prison after escape
In addition, all prisoners who escape from the aforesaid jails or prisons either while confined
therein, or while at large as a trustee, when apprehended and returned to the jail or prison, shall be
punishable by the penal institution authorities in such manner as may be prescribed by the rules
and regulations of the penal institution, provided that such punishment shall not be cruel or
unusual.
§ 444. Escape or attempt to escape from arrest or detention
A. It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to
escape or attempt to escape from such peace officer.
B. Such person who escapes or attempts to escape after being lawfully arrested or detained for
custody for a crime offense shall be guilty of a misdemeanor.
C. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody
for a felony offense shall be guilty of a felony.It is unlawful for any person admitted to bail or
released on recognizance, bond, or undertaking for appearance before any court of the Cherokee
Nation, and required as a condition of such release from detention to wear any electronic
monitoring device on the body of the person to remove such device without authorization from
the court. For purposes of this subsection, any person charged with a misdemeanor offense who
removes such device without authorization from the court shall be guilty of a misdemeanor and
any person charged with a felony offense who removes such device without authorization from
the court shall be guilty of a felony.
§ 445. Unauthorized entry into prison, jail, etc.—Penalties
Any person who willfully gains unauthorized entry into any Cherokee Nation penal institution,
any place where prisoners are located, or the penal institution grounds, upon conviction, shall be
guilty of a felony punishable by imprisonment for not more than three (3) years, or by the
imposition of a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine
and imprisonment.
§ 446. Escape from jail, or other lawful custody—Penalty—Juvenile offender

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A. Any person having been imprisoned in a jail awaiting charges on a felony offense, or a prisoner
awaiting trial, or a prisoner having been sentenced on a felony charge, or any other prisoner having
been lawfully detained who escapes from a jail or prison, either while actually confined therein,
while permitted to be at large as a trustee, or while awaiting transportation to a jail, correctional or
other facility for execution of sentence, shall be guilty of a felony punishable by imprisonment of
not more than three (3) years.
B. For the purposes of this section, a prisoner assigned to an alternative to incarceration authorized
by law shall be considered to have escaped if the inmate cannot be located within a twenty-four
hour period or if he or she fails to report to a correctional facility or institution, as directed. This
includes any person escaping by absconding from an electronic monitoring device or absconding
after removing an electronic monitoring device from his or her body.
C. Any juvenile offender lawfully placed in a juvenile detention facility or secure juvenile facility,
other than a community intervention center, who escapes from the facility while actually confined
therein, who escapes while escorted by a transportation officer, or who escapes while permitted to
be on an authorized pass or work program outside the facility shall be guilty of a felony punishable
by imprisonment for not more than three (3) years. For purposes of this subsection:
1. A juvenile offender permitted to be on an authorized pass or work program shall be considered to
have escaped if the juvenile offender cannot be located within a twenty-four-hour period or if
the juvenile offender fails to report to the facility at the specified time, and shall include any
juvenile offender escaping by absconding from an electronic monitoring device or absconding
after removing an electronic monitoring device from the body of the juvenile offender; and
2. “Escape” means a juvenile offender in lawful custody who has absented himself or herself without
official permission from a facility or secure placement, during transport to or from such facility,
or failure to return from a pass issued by a facility.

CHAPTER 13
FALSIFYING EVIDENCE
§ 450. Misprision of crime and false statements to law enforcement
A. Misprision of crime. It shall be unlawful for any person having knowledge of the actual
commission of a crime cognizable by a Court of the Cherokee Nation, which crime would be a
felony under the laws of the Cherokee Nation, the State of Oklahoma or the United States of
America, to affirmatively conceal and not make known that crime to a Cherokee Nation Judge or
some other person in civil authority within Cherokee Nation. Such act shall constitute a crime
against Cherokee Nation, and shall be punished as provided in 21 CNCA § 10.

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B. False statement to law enforcement. In connection with a law enforcement investigation, whoever,
in any manner within the jurisdiction of Cherokee Nation knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious
or fraudulent statements or representations, or makes or uses any false writing or document
knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be guilty
of a misdemeanor, subject to punishment as provided in 21 CNCA § 10.
§ 451. Offering false evidence
Every person who, upon any trial, proceedings, inquiry or investigation whatever, authorized by
law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in
writing, knowing the same to have been forged, or fraudulently altered, is guilty of a felony and
shall be punished in the same manner as the forging or false alteration of such instrument is made
punishable by the provisions of this title.
§ 452. Deceiving witness
Every person who practices any fraud or deceit, or knowingly makes or exhibits any false
statement, representation, token or writing, to any witness or person about to be called as a witness,
upon any trial, proceeding, inquiry or investigation whatever, proceeding by authority of law, with
intent to affect the testimony of such witness, is guilty of a felony.
§ 453. Preparing false evidence
Every person guilty of falsely preparing any book, paper, record, instrument in writing, or other
matter or thing, with intent to produce it, or allow it to be produced as genuine upon any trial,
proceeding or inquiry whatever, authorized by law, is guilty of a misdemeanor.
§ 454. Destroying evidence
Every person who knowing that any book, paper, record, instrument in writing, or other matter or
thing, is about to be produced in evidence upon any trial, proceeding, inquiry or investigation
whatever, authorized by law, willfully destroys the same, with intent thereby to prevent the same
from being produced, is guilty of a misdemeanor.
§ 455. Preventing witness from giving testimony
A. Every person who willfully prevents any person from giving testimony who has been duly
summoned or subpoenaed or endorsed on the criminal information as a witness or threatens
physical or mental harm through force or fear with the intent to prevent the witness from
appearing in Court to give his testimony, or to alter his testimony, is guilty of a felony
punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or by not more
than three (3) years imprisonment, or by both such fine and imprisonment.

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B. Every person who threatens physical harm through force or fear or causes or procures
physical harm to be done to any person or harasses any person or causes a person to be
harassed because of testimony given by such person in any civil or criminal trial or
proceeding, or who makes a report of abuse or neglect is, upon conviction, guilty of a
felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or by
not more than three (3) years imprisonment, or by both such fine and imprisonment.
§ 456. Bribing witness—Subornation of perjury
Every person who gives or offers or promises to give to any witness or person about to be called
as a witness in any matter whatever, any bribe upon any understanding or agreement that the
testimony of such witness shall be influenced, or who attempts by any other means fraudulently
to induce any witness to give false testimony is guilty of a crime, but if the offer, promise, or bribe
is in any way to induce the witness to swear falsely, then it shall be held to be subornation of
perjury.
§§ 457-461. Reserved
CHAPTER 14
FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC
RECORDS AND DOCUMENTS
§ 461. Larceny or destruction of records by clerk or officer
Every clerk, register or other officer having the custody of any record, maps or book, or of any
paper or proceeding of any Court, filed or deposited in any public office, who is guilty of stealing,
willfully destroying, mutilating, defacing, altering or falsifying or unlawfully removing or
secreting such record, map, book, paper or proceeding, or who permits any other person so to do,
is guilty of a felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or
by not more than three (3) years imprisonment, or by both such fine and imprisonment, and in
addition thereto, such person shall forfeit his or her office or employment.
§ 462. Larceny or destruction of records by other persons
Every person not an officer such as is mentioned in the last section, who is guilty of any of the
acts specified in that section, is guilty of a felony punishable by a fine of not more than Fifteen
Thousand Dollars ($15,000), or by not more than three (3) years imprisonment, or by both such
fine and imprisonment, and in addition thereto, such person shall forfeit his or her office or
employment.
§ 463. Offering forged or false instruments for record
Every person who knowingly procures or offers any false or forged instrument to be filed,

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registered, or recorded in any public office within this Nation, which instrument, if genuine, might
be filed or registered or recorded under any law of this Nation or of the United States, is guilty of
a felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or by not more
than three (3) years imprisonment, or by both such fine and imprisonment.
§ 464. Forging name to petition—Penalties
Any person who shall knowingly sign, subscribe or forge the name of any other person, without
the consent of such other person, to any petition, application, remonstrance, or other instrument of
writing, authorized by law to be filed in or with any Court, board or officer, with intent to deceive
or mislead such Court, board or officer, shall be guilty of a misdemeanor punishable by a fine not
to exceed Five Thousand Dollars ($5,000.00), or imprisonment not exceeding one (1) year, or by
both such fine and imprisonment.
CHAPTER 15
ILLEGAL USE OF GOVERNMENT DOCUMENTS
§ 471. Criminal activity with respect to Cherokee Nation citizenship
A. A person who knowingly buys or barters the Cherokee Nation Citizenship Card from another tribal
citizen for whatever purposes may be subject to criminal prosecution. The penalty upon conviction
of the offense specified in this subsection shall be no longer than one (1) year imprisonment, or a
fine of no more than Five Thousand Dollars ($5,000.00), or both.
B. A person who knowingly sells or barters his or her Cherokee Nation Citizenship Card to another
tribal citizen or person for whatever purposes maybe subject to criminal prosecution. The penalty
upon conviction of the offense specified in this subsection shall be no longer than one (1) year
imprisonment, or a fine of no more than Five Thousand Dollars ($5,000.00), or both.
C. In addition to the foregoing sanctions, any person who knowingly buys, sells, or barters the
Cherokee Nation Citizenship Card to or from another person for whatever purposes may be subject
to a civil penalty as hereinafter provided. The penalty for violating this subsection shall be a fine
of not more than Five Thousand Dollars ($5,000.00).
D. Any person who knowingly uses, or allows another person to use, any Cherokee Nation
Citizenship Card, Cherokee Nation Registry Number, or Cherokee Roll Number, for the purpose
of defrauding Cherokee Nation or the United States, or for any other fraudulent purpose, may be
subject to criminal prosecution. The penalty upon conviction of the offense specified in this
subsection shall be no longer than one (1) year imprisonment, no greater than a Five Thousand
Dollars ($5,000.00) fine, or both.
CHAPTER 16

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NEPOTISM
§ 481. Repealed by LA 34–07, eff. September 13, 2007
§ 482. Unlawful to pay salary to ineligible persons
It shall be unlawful for any such executive, legislative, ministerial or judicial officer mentioned in
the preceding section, to draw or authorize the drawing of any warrant or authority for the payment
out of any public fund, of the salary, wages, pay or compensation of any such ineligible person,
and it shall be unlawful for any executive, legislative, ministerial or judicial officer to pay out of
any public funds in his custody or under his control the salary, wages, pay or compensation of any
such ineligible person.
§ 483. Appointment of one related to another officer
It shall be unlawful for any executive, legislative, ministerial, or judicial officer to appoint and
furnish employment for any person whose services are to be rendered under his direction and
control and paid for out of the public funds, and who is related by either blood or marriage within
the third degree to any other executive, legislative, ministerial or judicial officer when such
appointment is made in part consideration that such other officer shall appoint and furnish
employment to any one so related to the officer making such appointment.
§ 485. Penalty
Any executive, legislative, ministerial or judicial officer who shall violate any provision of this
article, shall be deemed guilty of a crime involving official misconduct.
§ 486. Removal from office for violation of chapter
Every person guilty of violating the provisions of this chapter, shall, independently of, or in
addition to any criminal prosecution that may be instituted, be removed from office according to
the mode of trial and removal prescribed in the Constitution and laws of this Nation.
§ 487. Officers affected
Under the designation executive, legislative, ministerial or judicial officer as mentioned herein are
included the Principal Chief, Deputy Principal Chief, Council Members, Commissioners, all the
heads of the Departments of the Nation Government, Judges of all the Courts of this Nation,
Trustees, Officers and Commissioners of subdivisions of the Nation.
CHAPTER 17
PERJURY AND SUBORNATION OF PERJURY

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§ 491. Perjury defined—Defense
Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the
making or subscribing of a statement is required or authorized by law, makes or subscribes a
statement under oath, affirmation or other legally binding assertion that the statement is true, when
in fact the witness or declarant does not believe that the statement is true or knows that it is not
true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. It
shall be a defense to the charge of perjury as defined in this section that the statement is true.
§ 492. Oath defined
The term "oath," as used in the last section, includes an affirmation, and every other mode of
attesting the truth of that which is stated, which is authorized by law.
§ 493. Oath of office
So much of an oath of office as relates to the future performance of official duties is not such an
oath as is intended by the previous sections.
§ 494. Irregularities no defense
It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular
manner.
§ 495. Incompetency no defense
It is no defense to a prosecution for perjury that the accused was not competent to give the
testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually
was required to give such testimony or made such deposition or certificate.
§ 496. Contradictory statements as perjury
Whoever, in one or more trials, hearings, investigations, depositions, certifications or declarations,
in which the making or subscribing of statements is required or authorized by law, makes or
subscribes two or more statements under oath, affirmation or other legally binding assertion that
the statements are true, when in fact two or more of the statements contradict each other, is guilty
of perjury.
§ 497. Making deposition or certificate
The making of a deposition or certificate is deemed to be complete, within the provisions of this
chapter, from the time when it is delivered by the accused to any other person with the intent that
it be uttered or published as true.

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§ 498. Degree of proof required
A. Proof of guilt beyond a reasonable doubt is sufficient for conviction under this chapter, and it shall
not be necessary also that proof be by a particular number of witnesses or by documentary or other
type of evidence.
B. Lack of materiality of the statement is not a defense but the degree to which a perjured statement
might have affected some phase or detail of the trial, hearing, investigation, deposition,
certification or declaration shall be considered, together with the other evidence or circumstances,
in imposing sentence.
C. In a prosecution for perjury by contradictory statements, as defined in Section 496 of Title 21, it
is unnecessary to prove which, if any, of the statements is not true.
§ 499. Defenses to charges of perjury
A. Upon accusation of a charge of perjury by single statement, as defined in Section 491 of Title 21,
it is a defense that the statement is true.
B. Upon accusation of a charge of perjury by contradictory statements, as defined in Section 496 of
Title 21, it is a defense that the accused at the time he made each statement believed the statement
was true.
§ 500. Punishment for perjury
Perjury is a felony punishable by a fine of not more than Fifteen Thousand Dollars ($15,000), or
by not more than three (3) years imprisonment, or by both such fine and imprisonment.
§ 501. Summary committal of witness
Whenever it appears probable in any court of record, that any person who has testified in any
action or proceeding in such Court has committed perjury, such Court must immediately commit
such person by an order or process for that purpose to a penal institution or take a recognizance
with sureties for his appearance and answering to an information for perjury.
§ 502. Witness bound over to appear
Such court shall thereupon bind over the witnesses to establish such perjury to appear at the
proper court to testify upon the trial for such perjury, and shall also cause immediate notice of
such commitment or recognizance, with the names of the witnesses so bound over, to be given to
the prosecuting official.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 503. Documents may be retained
If, upon the hearing of such action or proceeding in which such perjury has probably been
committed, any papers or documents produced by either party shall be deemed necessary to be
used on the prosecution for such perjury, the Court may by order detain such papers or documents
from the party producing them, and direct them to be delivered to the Prosecuting Attorney.
§ 504. Perjury by subornation—Attempted perjury by subornation
Whoever procures another to commit perjury is guilty of perjury by subornation. Whoever does
any act with the specific intent to commit perjury by subornation but fails to complete that offense
is guilty of attempted perjury by subornation.
§ 505. Punishment of subornation of perjury
Any person guilty of subornation of perjury is punishable in the same manner as he would be if
personally guilty of the perjury so procured.
§§ 506-520. Reserved
CHAPTER 18
RESCUES
§ 521. Rescuing prisoners
Every person who by force or fraud rescues or attempts to rescue, or aids another person in
rescuing or in attempting to rescue any prisoner from any officer or other person having him in
lawful custody, is punishable as follows:
1. If such prisoner was in custody upon a charge or conviction of felony, such person shall be guilty
of a felony by imprisonment for not more than three (3) years; or
2. If such prisoner was in custody otherwise than upon a charge or conviction of a felony, by
imprisonment not exceeding one (1) year.
§ 522. Taking goods from legal custody
Every person who willfully injures or destroys, takes or attempts to take, or assists any other person
in taking or attempting to take from the custody of any officer or person, any personal property
which such officer or person has in charge under any process of law, is guilty of a misdemeanor.
§§ 523-530. Reserved.

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

CHAPTER 19
OTHER CRIMES AGAINST PUBLIC JUSTICE
§ 531. Injury to records—Embezzlement by officer
Every sheriff, marshal, police officer, clerk, coroner, clerk of a court, constable or other
ministerial officer, and every deputy or subordinate of an ministerial officer who either:
1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his
office; or
2. Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to
appropriate to such use, any money, evidence of debt or other property entrusted to him in virtue
of his office;
is guilty of a felony.
§ 532. Permitting escapes
Every sheriff, marshal, policeman, coroner, clerk of a court, constable or other ministerial officer
and any deputy or subordinate of any ministerial officer, who either:
1. Willfully or carelessly allows any person lawfully held by him in custody to escape or go at large,
except as may be permitted by law; or
2. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at
or permit any prisoner in his custody to escape, whether such escape is attempted or not; or
3. Commits any unlawful act tending to hinderjustice; is
guilty of a felony.
§ 533. Refusing to receive or fingerprint prisoners—Medical exceptions
A. Every officer who, in violation of a duty imposed upon him by law as such officer to
receive into his custody any person as a prisoner, willfully neglects or refuses so to receive
such person into his custody, is guilty of a misdemeanor.
B. Except as provided in this section, or for emergency medical treatment for an injury or
condition that threatens life or threatens the loss or use of a limb, any peace officer or jail
or prison contractor who, in violation of a duty imposed upon the officer or contractor by
law or by contract to fingerprint any person received into custody as a prisoner, willfully

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

neglects or refuses so to fingerprint such person is guilty of a misdemeanor.
C. Any person coming into contact with a peace officer prior to being actually received into
custody at a jail facility or holding facility, including, but not limited to, during the time of
any arrest, detention, transportation, investigation of any incident, accident or crime, who
needs emergency medical treatment for an injury or condition that threatens life or
threatens the loss or use of a limb, shall be taken directly to a medical facility or hospital
for such emergency medical care notwithstanding any duty imposed pursuant to this
section or any other provision of law to first take such person into custody or to fingerprint
such person. The responsibility for payment of such emergency medical costs shall be the
sole responsibility of the person coming into the officer’s contact and shall not be the
responsibility of any jail, law enforcement agency, jail or prison contractor, except when
the condition is a direct result of injury caused by such officer acting outside the scope of
lawful authority.
§ 534. Reserved
§ 535. Arrest without authority
Every public officer or person pretending to be a public officer, who under the pretense or color
of any process or other legal authority arrests any person, or detains him against his will, or seizes
or levies upon any property, or dispossesses anyone of any lands or tenements without due and
legal process, is guilty of a misdemeanor.
§ 537. Refusing to aid officer
Every person who, after having been lawfully commanded to aid any officer in arresting any
person or in retaking any person who has escaped from legal custody, or in executing any legal
process, willfully neglects or refuses to aid such officer, is guilty of a misdemeanor.
§ 538. Refusing to make arrest
Every person who, after having been lawfully commanded by any magistrate to arrest another
person, willfully neglects or refuses so to do, is guilty of a misdemeanor.
§ 539. Reserved
§ 540. Obstructing officer
Every person who willfully delays or obstructs any peace officer in the discharge or attempt to
discharge any duty of his office, is guilty of a misdemeanor. Public officer means an elected or
appointed official or any employee of the Cherokee Nation.
§ 541. Eluding police officer

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

A. Any operator of a motor vehicle who has received a visual and audible signal, a red light
and a siren from a peace officer driving a motor vehicle showing the same to be an official
police, marshal, sheriff, highway patrol or state game ranger vehicle directing the said
operator to bring his vehicle to a stop and who willfully increases his speed or extinguishes
his lights in an attempt to elude such peace officer, or wilfully attempts in any other manner
to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor.
The peace officer, while attempting to stop a violator of this section, may communicate a
request for the assistance of other peace officers from any office, department or agency.
Any peace officer within the Cherokee Nation having knowledge of such request is
authorized to render such assistance in stopping the violator and may effect an arrest under
this section upon probable cause. Violation of this subsection shall constitute a
misdemeanor and shall be punishable by not more than one (1) year imprisonment or by a
fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars
($2,000.00) or by both such fine and imprisonment.
B. Any person who violates the provisions of subsection A of this section in such manner as
to endanger any other person shall be deemed guilty of a felony punishable by
imprisonment for a term of not more than three (3) years, or by a fine of not more than
Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
C. 1. Any person who causes an accident, while eluding or attempting to elude an officer,
resulting in great bodily injury to any other person while driving or operating a motor
vehicle within the Cherokee Nation and who is in violation of the provisions of subsection
A of this section may be charged with a violation of the provisions of this subsection. Any
person who is convicted of a violation of the provisions of this subsection shall be deemed
guilty of a felony punishable by imprisonment for not more than three (3) years, or a fine
of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and
imprisonment.
2. As used in this subsection, “great bodily injury” means bodily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement or protracted
loss or impairment of the function of any bodily member or organ.
§ 542. Roadblocks
A peace officer may set up one or more roadblocks to apprehend any person riding upon or within
a motor vehicle traveling upon a highway, street, turnpike, or area accessible to motoring public,
when the officer has probable cause to believe such person is committing or has committed:
1. a violation of 21 CNCA § 541;
2. escape from the lawful custody of any peace officer;

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

3. a crime under the laws of this Nation or the laws of any other jurisdiction.
A roadblock is defined as a barricade, sign, standing motor vehicle, or similar obstacle temporarily
placed upon or adjacent to a public street, highway, turnpike or area accessible to the motoring
public, with one or more peace officers in attendance thereof directing each operator of
approaching motor vehicles to stop or proceed.
Every operator of a motor vehicle approaching such roadblock has a duty to stop at the roadblock
unless directed otherwise by a peace officer in attendance thereof and the willful violation hereof
shall constitute a separate offense from any other offense committed. Any person who willfully
attempts to avoid such roadblock or in any manner willfully fails to stop at such roadblock or who
willfully passes by or through such roadblock without receiving permission from a peace officer
in attendance thereto, is guilty of a felony and shall be punished by imprisonment for not more
than three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00) or by both
such fine and imprisonment.
§ 543. Compounding crimes
Every person who, having knowledge of the actual commission of a crime or violation of statute,
takes any money or property of another, or any gratuity or reward, or any engagement or promise
therefor, upon any agreement or understanding, express or implied, to compound or conceal such
crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any
evidence thereof, is guilty of a is punishable as follows:
1. By a fine of not more than Fifteen Thousand Dollars ($15,000), or by imprisonment not
exceeding three (3) years if the crime or violation of statute compounded is a felony, or by
both such fine and imprisonment; or
2. By a fine of not more than Five Thousand Dollars ($5,000), or by imprisonment not
exceeding one (1) year, or by both such fine and imprisonment, if the crime or violation of
statute compounded is a misdemeanor, or violation of statute for which a pecuniary or other
penalty or forfeiture is prescribed.
§ 544. Compounding prosecution
Every person who takes any money or property of another, or any gratuity or reward, or any
engagement or promise therefor, upon any agreement or understanding, express or implied, to
compound, discontinue or delay any prosecution then pending for any crime or violation of statute,
or to withhold any evidence in aid thereof, is guilty of a misdemeanor.
§ 545. Attempt to intimidate officer
Every person who, directly or indirectly, utters or addresses any threat or intimidation to any

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

judicial or ministerial officer, to any juror, referee, arbitrator, umpire or assessor or other person
authorized by law to hear or determine any controversy, with intent to induce him either to any act
not authorized by law, or to omit or delay the performance of any duty imposed upon him by law,
is guilty of a misdemeanor.
§ 546. Suppressing evidence
Every person who maliciously practices any deceit or fraud, or uses any threat, menace or violence,
with intent to prevent any party to an action or proceeding from obtaining or producing therein
any book, paper, or other matter or thing which might be evidence, or from procuring the
attendance or testimony of any witness therein, or with intent to prevent any person having in his
possession any book, paper or other matter or thing which might be evidence in such suit or
proceeding, or prevent any person being cognizant of any fact material thereto from producing or
disclosing the same, is guilty of a misdemeanor.
§ 547. Buying lands in suit
Every person who takes any conveyance of any lands or tenements, or of any interest or estate
therein, from any person not being in the possession thereof, while such lands or tenements are the
subject of controversy, by suit in any Court, knowing the pendency of such suit, and that the
grantor was not in possession of such lands or tenements, is guilty of a misdemeanor.
§ 548. Fortification of access point to place where felony under Controlled Dangerous
Substances Act being committed or attempted
A. It shall be unlawful for any person to willfully fortify an access point into any dwelling,
structure, building or other place where a felony offense prohibited by the Uniform
Controlled Dangerous Substances Act is being committed, or attempted, and the
fortification is for the purpose of preventing or delaying entry or access by a law
enforcement officer, or to harm or injure a law enforcement officer in the performance of
official duties.
B. For purposes of this section, “fortify an access point” means to willfully construct, install,
position, use or hold any material or device designed to injure a person upon entry or to
strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling,
structure, building or other place to any extent beyond the security provided by a
commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.
C. Any person violating the provisions of this section shall, upon conviction, be guilty of a
felony punishable by imprisonment for a term of not more than three (3) years, or by a fine
in an amount not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment.
§ 549-553. Reserved

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have
not been officially codified. To ensure accuracy, anyone using this document should compare it to the official
amendments available at: https://cherokee.legistar.com/Legislation.aspx

§ 554. Attorneys—Buying demands for suit—Misleading inferior courts
Every attorney who either directly or indirectly buys or is interested in buying any evidence of
debt or thing in action with intent to bring suit thereon is guilty of a crime. Any attorney who in
any proceeding before any Court in which he appears as attorney, willfully misstates any
proposition or seeks to mislead the Court in any matter of law is guilty of a crime and on any trial
therefor the nation shall only be held to prove to the Court that the cause was pending, that the
defendant appeared as an attorney in the action, and showing what the legal statement was, wherein
it is not the law. If the defense be that the act was not willful the burden shall be on the defendant
to prove that he did not know that there was error in his statement of the law.
§ 555. Prosecutors and their partners
Every attorney who directly or indirectly advises in relation to, or aids or promotes the defense of
any action or proceeding in any Court, the prosecution of which is carried on, aided or promoted
by any person as prosecutor or other public attorney; with whom such person is directly or
indirectly connected as a partner, or who takes or receives, directly or indirectly,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acherokee_nation%3Ac738e193d9091a7a. Public record. Not legal advice.