TITLE III - CRIMINAL OFFENSE CODE
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TITLE III - CRIMINAL OFFENSE CODE
CHAPTER 1. GENERAL PROVISIONS.
Sec. 101.
Jurisdiction of the Chitimacha Tribe of Louisiana Over Persons
Alleged to Have Committed Crimes and Offenses.
Unless expressly stated otherwise in this Title III of the Code, a person may be charged,
tried, convicted, and sentenced under the criminal provisions of the Chitimacha Comprehensive
Codes of Justice if the person is subject to the personal jurisdiction of the Chitimacha Tribal
Court by virtue of the Chitimacha Tribe of Louisiana’s sovereign authority and applicable
federal law, and the person:
(a)
Commits a crime or offense in whole or in part within the territorial jurisdiction of
the Chitimacha Tribe of Louisiana; or
(b)
Being outside the territorial jurisdiction of the Chitimacha Tribe of Louisiana,
conspires with or aids and abets another to commit a crime or offense within the Chitimacha
Tribe of Louisiana’s territorial jurisdiction.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 101-A.
(a)
Special Tribal Criminal Jurisdiction.
Special Tribal Criminal Jurisdiction. The Tribe now exercises its inherent
power, as recognized and affirmed in 25 U.S.C. § 1304 (Violence Against Women Act
Reauthorization Act of 2022 (“VAWA ‘22”)), to exercise Special Tribal Criminal Jurisdiction
over non-Indians.
(b)
The Tribe’s Indian country. The Tribe’s Special Tribal Criminal Jurisdiction
applies to any person in the Tribe’s Indian country and to offenses that fall into one or more of
the following categories of Covered Crime. “Indian Country” means the definition given in
18 U.S.C. § 1511.
(c)
Covered Crimes, Indian victim.
The Tribe may exercise Special Tribal
Criminal Jurisdiction over any non-Indian defendant whose victim is an Indian and who commits
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
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any of the following Covered Crimes. “Indian” means the definition given in 25 U.S.C.
§ 1301(4).
i.
Child Violence is the use, threatened use, or attempted use of violence against
a Child in violation of the Tribe’s criminal law. Child Violence includes,
without limitation, the following offenses identified in this Title III when
committed under the circumstances of this provision: Sections 301 (Murder),
304 (Causing or Aiding Suicide), 305 (Kidnapping), 307 (Rape), 308 (Sexual
Assault), 313 (Indecent Behavior with a Juvenile), 314 (Solicitation of a
Minor to Engage in Sexual Activity), 315 (Sex Trafficking), 320 (Simple
Assault), 321 (Aggravated Assault – Severe Bodily Harm), 322 (Aggravated
Assault – Dangerous Weapon), 323 (Aggravated Assault – Great Bodily
Harm), 324 (Strangulation), 326 (Harassment and Stalking) of Chapter 3;
Sections 532 (Child Abuse) and 535 (Cruelty to Juveniles) of Chapter 5; or, if
the offense is committed against a Child who is a part of the offender’s family
or household, Sections 607 (Domestic Violence).
ii.
Dating Violence is any violation of the Tribe’s criminal law when the crime
is committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim, as determined by the length of the
relationship, the type of relationship, and the frequency of interaction between
the persons involved in the relationship. Dating violence includes, without
limitation, the crimes identified in Chapter 6 of this Title III, when the victim
is an Intimate Partner, as defined Section 606, or when committed under the
circumstances of this provision.
iii.
Domestic Violence is any violation of the Tribe’s criminal law that is
committed by a spouse or intimate partner of the victim, as those terms are
defined in Section 606(g) of this Title III. Domestic violence includes, without
limitation, the crimes identified in Chapter 6 of this Title III, when committed
under the circumstances in this provision.
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Adopted: December 5, 1989; Effective: August 14, 1990
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iv.
Sexual Violence is any nonconsensual sexual act or contact in violation of the
Tribe’s criminal laws, including in any case in which the victim lacks the
capacity to consent to the act. Sexual violence includes, without limitation, the
crimes identified in Chapter 3 of this Title III, when committed under the
circumstances in this provision.
v.
Sex Trafficking is conduct within the meaning of 18 U.S.C. § 1591(a),1
including the offense of sex trafficking identified in Chapter 3, Section
315(a)(2), of this Title III.
vi.
Stalking is engaging in any course of conduct in violation of the Tribe’s
criminal law directed at a specific person that would cause a reasonable
person to fear for their safety or the safety of others, or to suffer substantial
emotion distress. Stalking includes, without limitation, the offenses that fall
within the following parts of this Title III when committed under the
circumstances in this provision:
Chapter 3, including Section 326
(Harassment and Stalking); Chapter 4; and Chapter 5, Subchapter A,
Subchapter B, or Section 522 of Subchapter E.
vii.
Violation of a Protection Order is an act that
(1) occurs within the Tribe’s Indian country, and
(2) violates the portion of a no contact order or protection order that:
18 U.S.C. § 1591(a) provides that whoever knowingly— (1) in or affecting interstate or foreign
commerce, or within the special maritime and territorial jurisdiction of the United States,
recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or
solicits by any means a person; or (2) benefits, financially or by receiving anything of value,
from participation in a venture which has engaged in an act described in violation of paragraph
(1), knowing, or, except where the act constituting the violation of paragraph (1) is advertising-in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in
subsection (e)(2), or any combination of such means will be used to cause the person to engage
in a commercial sex act, or that the person has not attained the age of 18 years and will be caused
to engage in a commercial sex act, shall be punished as provided in subsection (b).
1
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Adopted: December 5, 1989; Effective: August 14, 1990
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(a) prohibits or provides protection against violent or threatening acts of
harassment against, sexual violence against, contact or communication
with, or physical proximity to the person protected by the order;
(b) was issued against the defendant; and
(c) is consistent with 18 U.S.C. § 2265(b).2
Violation of a Protection Order includes, without limitation, the offenses
identified in Sections 607 (Violation of No Contact Order) and 608
(Violation of Protection Order) of Chapter 6.
(d)
Covered Crimes, Indian or non-Indian victim. The Tribe may exercise Special
Tribal Criminal Jurisdiction over any non-Indian defendant, whether or not the victim is an
Indian, who commits the following covered crimes:
i.
Assault of Tribal Justice Personnel is any violation of the Tribe’s criminal
law that involves the use, attempted use, or threatened use of physical force
against an individual authorized to act for, or on behalf of, the Tribe or serving
the Tribe during, or because of, the performance or duties of that individual
in:
(1) preventing, detecting, investigating, making arrests relating to, making
apprehensions for, or prosecuting a covered crime;
(2) adjudicating, participating in the adjudication of, or supporting the
adjudication of a covered crime;
(3) detaining, providing supervision for, or providing services for persons
2
18 U.S.C. § 2265(b) provides that a protection order issued by a State, tribal, or territorial court
is consistent with this subsection if— (1) such court has jurisdiction over the parties and matter
under the law of such State, Indian tribe, or territory; and (2) reasonable notice and opportunity
to be heard is given to the person against whom the order is sought sufficient to protect that
person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard
must be provided within the time required by State, tribal, or territorial law, and in any event
within a reasonable time after the order is issued, sufficient to protect the respondent’s due
process rights.
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Adopted: December 5, 1989; Effective: August 14, 1990
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charged with a covered crime; or
(4) incarcerating,
supervising,
providing
treatment
for,
providing
rehabilitation services for, or providing reentry services for persons
convicted of a covered crime.
Assault of Tribal Justice Personnel includes, without limitation, the offenses
that fall within the following parts of this Title III when committed under the
circumstances in this provision: Chapter 3, Subchapter A, Subchapter B,
Subchapter C, Subchapter E, including Section 325A (Assault of Tribal
Justice Personnel), and Subchapter F; and Sections 507 (Terroristic Threats),
518 (Resisting Arrest with Force or Violence), 519 (Resisting Arrest with
Bodily Injury), and 521(b)(3) (Obstruction of Justice).
ii.
Obstruction of Justice is any violation of the Tribe’s criminal law that
involves interfering with the administration or due process of the laws of the
Tribe, including any Tribal criminal proceeding or investigation of a crime.
Obstruction of Justice includes, without limitation, the offenses that fall within
the following parts of this Title III when committed under the circumstances
in this provision: Section 325 (Aggravated Assault – Public Official) of
Chapter 3; and Chapter 5, Sections 507 (Terroristic Threats), 508 (Aiding
Others in Terrorism), and Subchapter D.
(e)
Offenses not Enumerated; Penalty Proscribed. Any person who violates the
Tribe’s criminal law under circumstances that constitute the elements of any Covered Crime
shall be subject to the Tribe’s Special Tribal Criminal Jurisdiction and, upon conviction, the
penalty proscribed by the Tribe’s criminal law for the violation of the relevant offense, whether
or not the particular offense is identified in this section as an example of a Covered Crime.
(f)
No provision of this Section shall be interpreted to restrict a law enforcement
officer’s duty to keep the peace, or to prohibit a law enforcement officer from detaining nonIndian offenders and turning them over to the proper authorities for prosecution.
(Revised by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
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Sec. 102.
Definitions.
For the purposes of this Title III, the following definitions shall apply:
(a)
Bodily harm. “Bodily harm” means physical pain or injury, illness, or any
impairment of physical condition.
(b)
Bodily injury. “Bodily injury” means bodily harm for which medical attention is
required.
(c)
Code. “Code” means the Chitimacha Comprehensive Codes of Justice.
(d)
Conviction. “Conviction” means any of the following obtained in a court of
competent jurisdiction and accepted and recorded by the Chitimacha Tribal Court:
(e)
(1)
A plea of guilty;
(2)
A plea of no contest;
(3)
A verdict of guilty by a jury or a finding of guilty by the court after trial.
Crime. “Crime” means conduct which is prohibited by the Chitimacha
Comprehensive Codes of Justice or by any other duly enacted resolution or ordinance by the
Chitimacha Tribal Council.
(f) Dangerous weapon. “Dangerous weapon” means any firearm, whether loaded or
unloaded, or any device designed as a weapon and capable of producing death or great bodily
harm, or any other device or instrumentality that, in the manner it is used or intended to be used,
is calculated or likely to produce death or great bodily harm.
(g) Great bodily harm. “Great bodily harm” means bodily harm or bodily injury which
creates a high probability of death, or which causes serious permanent disfigurement, or which
causes a permanent or protracted loss or impairment of the function of any bodily member or
organ or other serious bodily harm or bodily injury.
(h) Mental states.
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(1)
“intentional”. A defendant's state of mind is intentional or a defendant
acts intentionally with respect to a result or to conduct if the defendant's
conscious objective is to engage in such conduct or to cause such a result.
(2)
“negligently”. A defendant acts negligently or conduct is negligent if,
with respect to a result or circumstance, a person should be aware of a
substantial and unjustifiable risk that such a result will occur or that such a
circumstance exists, and his or her conduct involves a significant deviation
from the standard of care that a reasonable person would observe.
(3)
“recklessly”. A defendant acts recklessly or conduct is reckless if, with
respect to a result or circumstance, a person consciously and unjustifiably
disregards a substantial risk that such a result will occur or that such a
circumstance exists, and the risk is of such a nature and degree that its
disregard involves a gross deviation from the standard of conduct that a
reasonable person would observe in the situation.
(4)
“knowingly”. A defendant acts knowingly if, when he or she engages in
the conduct, he or she knows or has a firm belief, unaccompanied by
substantial doubt, that he or she is doing so whether or not it is his or her
purpose to do so.
(i) Minor. Unless otherwise prescribed by this Code, “Minor” means a person under the
age of eighteen (18) years. For the purposes of this Title III, a Child is a Minor.
(j) Serious bodily harm. “Serious bodily harm” means bodily harm or bodily injury
which involves a temporary but substantial disfigurement, or which causes a temporary but
substantial loss or impairment of the function of any bodily member or organ, or which causes a
fracture of any bodily member.
(k)
Subsequent conviction, etc. “Subsequent conviction” or “subsequent offense”
means that prior to the commission of the violation, crime or offense charged, the alleged
offender has been adjudicated guilty of a specified similar violation, crime, or offense by a court
of competent jurisdiction.
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
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(l) Tribe. “Tribe” means the Chitimacha Tribe of Louisiana.
(m)Victim. “Victim” means any person at whom the commission of a crime was directed
or who suffered loss, damage or bodily harm as a result of the commission of the crime.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023
Sec. 103.
Criminal Offenses Based on Voluntary Conduct.
No person shall be convicted of an offense except based on conduct which includes a
voluntary act or the omission to perform an act of which the defendant is physically capable.
Unless otherwise provided in this Code with respect to a particular offense, an offense is
established only if a person acts intentionally with respect to every element of the offense.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 104.
(a)
Burden of Proof.
The Chitimacha Tribe of Louisiana has the burden of proving each element of an
offense beyond a reasonable doubt.
(b) Whenever the defendant introduces sufficient evidence of a defense to support a
reasonable belief as to the existence of that defense, the Chitimacha Tribe of Louisiana has the
burden of disproving such defense beyond a reasonable doubt unless this Code or another
ordinance expressly requires the defendant to prove the defense by a preponderance of evidence.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 105.
Liability of Children and Minors.
Children under the age of seven (7) years are incapable of committing a crime. Unlawful
acts committed by persons under the age of eighteen (18) years who are seven (7) years of age,
or older, shall be addressed in accordance with the provisions of Title V of this Code.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Adopted: December 5, 1989; Effective: August 14, 1990
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Sec. 106.
Ignorance or Mistake.
(a) Ignorance or mistake as to a matter of fact or law is a defense if:
(1)
the ignorance or mistake negates the necessary mental state required for
the commission of an offense; or
(2)
the law provides that the state of mind established by such ignorance or
mistake constitutes a defense.
(b) Whenever in this Code an offense depends on a child being less than twelve (12)
years of age, it is no defense that the defendant did not know the child's age or reasonably
believed the child to be older than twelve (12) years of age. When criminality depends on the
child's being less than a critical age other than twelve (12) years of age, it is an affirmative
defense for the defendant to prove that he reasonably believed the child to be above the critical
age.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 107.
Intoxication.
(a) Intoxication is not a defense unless it negates an element of the offense.
(b) When negligence or recklessness is an element of the offense, self-induced
intoxication is no defense.
(c) Intoxication does not, in itself, constitute a mental disease or defect within the
meaning of Section 108.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 108.
Mental Disease or Defect.
(a) A person is not responsible for criminal conduct if, at the time of such conduct, as a
result of mental disease or defect, he or she lacks substantial capacity either to appreciate the
wrongfulness of that conduct or to conform that conduct to the requirements of law.
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(b) As used in this Section, the terms "mental disease or defect" do not include an
abnormality manifested only by repeated criminal or otherwise anti-social conduct.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 109.
Self-defense.
(a) The use of reasonable force is a defense when a person reasonably believes that such
force is immediately necessary to protect himself or herself.
(b) A person is not justified in using force for the purpose of resisting arrest, execution of
process, or other performance of duty by a public servant regardless of whether the conduct of
the public servant is lawful; but clearly excessive force on the part of public servant may be
resisted.
(c) A person is not justified in using force if the conduct of the person against whom
force is used was provoked by the defendant himself with the intent to cause physical injury to
that other person.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 110.
Defense of Others.
The use of force in order to defend a third person is a defense if:
(a) the defendant reasonably believes that the person whom he seeks to protect would be
justified in using such protective force; and
(b) the defendant has not, by provocation or otherwise, forfeited the right of self-defense;
and
(c) the defendant reasonably believes that intervention is necessary for the protection of
such other person.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 111.
Defense of Property.
The use of force, other than deadly force, is a defense if the defendant reasonably
believes that such force is necessary to prevent or terminate conduct which the defendant
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reasonably believes the commission or attempted commission of which is a crime involving
trespass, damage to or theft of property.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 112.
Use of Deadly Force.
The use of deadly force is a defense only where the defendant reasonably believes that
such force is necessary to protect himself, herself, or another person from death, great or serious
bodily harm, kidnaping, a sexual act (as defined in Section 306) compelled by force or threat, or
to prevent or terminate the commission or attempted commission of arson.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 113.
Duress.
Duress is a defense only where the defendant reasonably believes that he or she is
compelled to act by the threat of death or serious bodily harm such as would render a person of
reasonable firmness incapable of resisting such threat.
Sec. 114.
Entrapment.
Entrapment is a defense only where a law enforcement officer induces the defendant to
commit an offense using persuasion or other means such as would cause a normally law-abiding
person to commit the act or acts that are elements of the offense. Conduct merely affording the
defendant an opportunity to commit the offense does not constitute entrapment.
CHAPTER 2. ANTICIPATORY CRIMES.
Sec. 201.
(a)
Attempts.
Prohibited acts. A person, with intent to commit a crime, does an act which is a
substantial step toward, and more than preparation for, the commission of the crime, commits an
attempt to commit that crime.
(b)
Impossibility of act.
An act may be an attempt notwithstanding the
circumstances under which it was performed or the means employed to commit the crime
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intended or the act itself were such that the commission of the crime was not possible, unless
such impossibility would have been clearly evident to a person of normal understanding.
(c)
Defense. It is a defense to a charge of attempt that the crime was not committed
because the accused desisted voluntarily and in good faith abandoned the intention to commit the
crime.
(d) Penalty. A person who attempts to commit a crime shall, upon conviction, be
sentenced in the same manner as if that person had completed the crime.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 202.
Criminal Complicity and Solicitation.
(a) Prohibited acts. A person may be convicted of an offense based upon the conduct of
another person when:
(1)
acting with the state of mind sufficient for the commission of the offense,
the defendant causes another person to engage in such conduct; or
(2)
with the intent that an offense be committed, the defendant solicits,
request, commands, induces or intentionally aids another person to engage
in such conduct.
(b) Defense. A person is not liable under this Section for the conduct of another if he
terminates his complicity prior to the commission of the offense and gives timely warning to law
enforcement authorities or otherwise makes proper effort to prevent the commission of the
offense.
(c) Penalty. The penalty for being an accomplice to a crime is the same as the penalty
for being a principal in the crime.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
CHAPTER 3. CRIMES AGAINST PERSONS.
Subchapter A. Homicide.
Sec. 301.
Murder.
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Whoever intentionally causes the death of another human being is guilty of an Enhanced
Felony and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 302.
Manslaughter.
A person who recklessly causes the death of another human being is guilty of an
Enhanced Felony and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 303.
Negligent Homicide.
A person who negligently causes the death of another human being is guilty of an
Enhanced Felony and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 304.
Causing or Aiding Suicide.
A person who, by force, duress or deception, intentionally causes another person to
commit or attempt to commit suicide, or aids or solicits another to commit or attempt to commit
suicide is guilty of a Class A Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter B. Kidnapping.
Sec. 305.
Kidnapping.
(a) Prohibited acts. A person who does any of the following acts commits kidnaping:
(1)
removes another person against his or her will from his or her place of
residence or business, or a substantial distance from the vicinity where he
or she is located; or
(2)
confines another person for a substantial period against his or her will is
guilty of kidnapping.
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(b) Penalty. A person who commits kidnaping is guilty of a Felony and, upon conviction,
may be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter C. Sexual Offenses.
Sec. 306.
Definitions.
For the purposes of this Subchapter C, the following definitions shall apply:
(a) “Defendant” means the person alleged to have committed rape.
(b) “Coercion” means words or circumstances that cause the victim reasonably to fear
that the defendant will inflict bodily harm upon, or hold in confinement, the victim or another, or
force the victim to submit to a sexual act or contact, but proof of coercion does not require proof
of a specific act or threat.
(c) “Consent” means a voluntary uncoerced manifestation of a present agreement to
perform a particular sexual act with the defendant.
(d) “Force” means the infliction, attempted infliction, or threatened infliction by the
defendant of bodily harm or commission or threat of any other crime by the actor against the
victim or another, which causes the victim reasonably to believe that the actor has the present
ability to execute the threat.
(e) “Intimate parts” includes the primary genital area, groin, inner thigh, buttocks, or
breasts of a person.
(f) “Mentally incapacitated” means that a person under the influence of alcohol, a
narcotic, anesthetic, or any other substance, administered to that person without the person’s
agreement, who lacks the judgment to give a reasoned consent to a sexual act or contact.
(g) “Mentally impaired” means that a person, as a result of inadequately developed or
impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment
to give reasoned consent to a sexual act or contact.
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(h)
“Physically helpless” means that a victim is asleep or unconscious, unable to
withhold consent or to withdraw because of a physical condition, or unable to communicate nonconsent and the condition is known or reasonably should have been known by the actor.
(i) “Sexual act” or “sexual activity” means sexual intercourse, cunnilingus, fellatio, anal
intercourse, or any intrusion however slight into the genital or anal openings of the victim’s body
of any part of the defendant’s body or any object used by the defendant for this purpose, where
the act is committed without the victim’s consent, except in those cases where consent is not a
defense or is not an element of the offense.
(j) “Sexual contact” includes any of the following acts committed without the victim’s
consent, except in those cases where consent is not a defense or is not an element of the offense,
and committed with sexual or aggressive intent:
(1)
The intentional touching by the defendant of the victim’s intimate parts; or
(2)
The touching by the victim of the offender’s, the victim’s, or another’s
intimate parts effected by coercion or the use of a position of authority, or
by inducement if the victim is under twelve (12) years of age or mentally
impaired; or
(3)
The touching by another of the victim’s intimate parts effected by
coercion or use of authority; or
(4)
In any of the cases above, the touching of the clothing covering the
immediate area of the intimate parts.
(k) “Victim” means the person or intended person against whom an offense committed
under this Chapter 3 is committed.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 307.
Rape.
(a) Prohibited Acts. A person who engages in a sexual act with another person, or who
causes another person to engage in a sexual act, commits rape if:
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(1)
the defendant coerces or forces the other person to submit to the sexual
act; or
(2)
the defendant, or someone else with the defendant's knowledge, renders
the other person mentally incapacitated for the purpose of engaging in a
sexual act; or
(3)
the other person is physically helpless; or
(4)
the defendant knows that the other person submits because the other
person falsely supposes the defendant to be someone else, unless the
defendant is the spouse of the other person; or
(5)
the other person is under twelve (12) years of age. In this circumstance,
neither mistake as to the other person’s age nor consent to the act by the
other person is a defense; or
(6)
the defendant knows that the other person is mentally impaired, unless the
defendant is the spouse of the other person; or
(7)
the other person is in official custody or otherwise detained in a hospital,
prison, or other similar institution and the defendant has supervisory or
disciplinary authority over the detained person.
(b)
Penalty. A person who commits rape is guilty of an Enhanced Felony and, upon
conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 308.
Sexual Assault.
(a) Prohibited acts. A person commits sexual assault if that person intentionally has
sexual contact with another or causes such other person to have sexual contact with the
defendant, and:
(1)
the defendant coerces or forces the other person to submit to the sexual
contact; or
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(2)
the other person is under twelve (12) years of age. In this circumstance,
neither mistake as to the other person’s age nor consent to the act by the
other person is a defense; or
(3)
the other person is in official custody or otherwise detained in a hospital,
prison or other similar institution and the defendant has supervisory or
disciplinary authority over the detained person.
(b)
Penalty. A person who commits sexual assault is guilty of a Felony and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 308A.
Sexual Battery.
(a) Prohibited acts. A person commits sexual battery if that person intentionally touches
any intimate parts of the victim using any instrumentality or any part of the body of
the offender, directly or through clothing, or if the offender causes the touching of
their own intimate parts by the victim using any instrumentality or any part of the
body of the victim, directly or through clothing, when any of the following occur:
(1) The offender acts without the consent of the victim.
(2) The victim has not yet attained fifteen (15) years of age and is at least three (3)
years younger than the offender.
(3) The offender is seventeen (17) years of age or older and any of the following
exist:
(i) The act is without consent of the victim, and the victim is prevented from
resisting the act because either of the following conditions exist:
a. The victim has paraplegia, quadriplegia, or is otherwise physically
incapable of preventing the act due to a physical disability.
b. The victim is incapable, through unsoundness of mind, of understanding
the nature of the act, and the offender knew or should have known of
the victim's incapacity.
(ii) The act is without consent of the victim, and the victim is sixty-five (65)
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years of age or older.
(4) The provision of normal medical treatment or normal sanitary care shall not be
construed as sexual battery.
(5) Lack of knowledge of the victim’s age shall not be a defense.
(b) Penalty. A person who commits sexual battery is guilty of a Felony and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 309.
Statutory Rape.
(a) Prohibited acts. A person eighteen (18) years of age or older who engages in a
sexual act, with consent, with another person who is fourteen (14) years of age or older but less
then sixteen (16) years of age, when the victim is not the spouse of the offender and when the
difference between the age of the victim and the age of the offender is two (2) years or greater,
commits statutory rape.
(b) Penalty. A person who commits statutory rape is guilty of a Class A Misdemeanor
and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 310.
(a)
Indecent Exposure.
Prohibited acts. A person who exposes his or her genitals or other intimate parts
under circumstances likely to cause affront or alarm commits indecent exposure.
(b)
Penalty.
A person who commits indecent exposure is guilty of a Class B
Misdemeanor and, upon conviction, shall be sentenced accordingly. On a second or subsequent
conviction under this Section, the offender shall be guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 311.
Prostitution and Patronizing a Prostitute.
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(a) Prohibited acts. A person commits prostitution or patronizing a prostitute if he or
she:
(1)
is an inmate of a house of prostitution, manages a house of prostitution, or
is otherwise engaged in sexual activity or contact as a business; or
(2)
solicits another person to hire a prostitute or commit an act of prostitution;
or
(3)
loiters in view of any public place with the intent of being hired to engage
in sexual activity or contact; or
(4)
hires a prostitute to engage in sexual activity or contact or enters or
remains in a house of prostitution with intent to engage in sexual activity
or contact; is guilty of prostitution or patronizing a prostitute.
(b) Penalty. A person who commits prostitution or patronizing a prostitute is guilty of a
Class B Misdemeanor and, upon conviction, shall be sentenced accordingly, except that a person
who patronizes a prostitute who is less than eighteen (18) years of age, irrespective of the
patron’s knowledge of the prostitute’s age, is guilty of a Felony and, upon conviction, shall be
sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 312.
(a)
Bigamy.
Prohibited acts. A person who marries another person while legally married to a
second person commits bigamy.
(b)
Penalty. A person who commits bigamy is guilty of a Class B Misdemeanor and,
upon conviction, shall be sentenced accordingly.
(c)
Defense. This Section shall not apply to a person whose spouse has been absent
for five (5) successive years and is reasonably believed by the defendant to be dead.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 313.
Indecent Behavior with a Juvenile.
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A person who is eighteen (18) years of age or older and commits, with the intent to
arouse or gratify the sexual desires of either the offender or the victim, a lewd or lascivious act
upon the person or in the presence of a child under the age of seventeen (17), where there is an
age difference of greater than two (2) years between the offender and the victim, is guilty of a
Felony and, upon conviction, shall be sentenced accordingly. On a second conviction under this
Section, the offender shall be guilty of an Enhanced Felony and, upon conviction, shall be
sentenced accordingly. Lack of knowledge of the person’s age shall not be a defense.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 314.
Solicitation of a Minor to Engage in Sexual Activity.
Whoever, being eighteen (18) years of age or older, commands, entreats, coerces, or
attempts to persuade an individual under the age of fifteen (15) years to engage in a sexual act or
contact with the intent to engage in such or similar conduct is guilty of an Enhanced Felony and,
upon conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 315.
Sex
Trafficking,
Coercive
Sex
Trafficking,
Aggravated
Sex
Trafficking.
(a) Prohibited acts.
(1) Trafficking by any means. Whoever commits the following conduct commits sex
trafficking:
i.
knowingly receiving, recruiting, enticing, harboring, providing, or
obtaining by any means an individual to provide or aid in the provision of
a sexual act, sexual contact, or the prostitution of that individual; or
ii.
receiving a profit or anything of value, whether tangible or intangible,
knowing or having reason to know it is derived from an act described in
clause (ii) above.
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(2) Trafficking by means of force, coercion, or deception. Whoever commits conduct
that falls within the meaning of 18 U.S.C. § 1591(a) commits coercive sex
trafficking.
(3) Aggravated Sex Trafficking. Whoever commits the following conduct commits
aggravated sex trafficking:
i.
The commission of sex trafficking within ten (10) years of being
convicted of sex trafficking; or
ii.
The commission of sex trafficking where the victim is a Child.
(b) Penalties.
(1) Whoever commits sex trafficking as proscribed by Section 315(a)(1) is guilty of a
Class A Misdemeanor and, upon conviction, shall be sentenced accordingly.
(2) Whoever commits coercive sex trafficking as proscribed by Section 315(a)(2) is
guilty of a Felony and, upon conviction, shall be sentenced accordingly.
(3) Whoever commits aggravated sex trafficking as proscribed by Section 315(a)(3)
is guilty of an Enhanced Felony and, upon conviction, shall be sentenced
accordingly.
(Added by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Subchapter D. Computer-Aided Sexual Offenses Involving Minors.
Sec. 316.
Definitions.
For the purposes of this Subchapter D alone, the following terms shall have the following
definitions:
(a) “Access software provider” means a provider of software, including client or server
software, or enabling tools that do any one or more of the following:
(1)
File, screen, allow, or disallow content.
(2)
Select, choose, analyze, or digest content.
(3)
Transmit, receive, display, forward, cache, search, organize, reorganize, or
translate content.
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(b) “Cable operator” means any person or group of persons who provides cable service
over a cable system and directly, or through one or more affiliates, owns a significant interest in
such cable system, or who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a cable system.
(c) “Coerce” shall include any of the following:
(1)
Causing or threatening to cause serious bodily injury.
(2)
Physically restraining or threatening to physically restrain another person.
(3)
Abduction or threatened abduction of an individual.
(4)
The use of a plan, pattern, or statement with intent to cause an individual
to believe that failure to perform an act will result in the use of force
against, abduction of, serious harm to, or physical restraining of an
individual.
(5)
The abuse or threatened abuse of law or legal process.
(6)
Threatening to use or the use of debt bondage or fraud.
(d) “Debt bondage” means inducing an individual to provide commercial sexual activity
in payment toward or satisfaction of a real or purported debt.
(e) “Distribute” means to issue, sell, give, provide, lend, mail, deliver, transfer,
transmute, distribute, circulate, or disseminate by any means.
(f) “Electronic textual communication” means a textual communication made through
the use of a computer on-line service, Internet service, or any other means of electronic
communication, including but not limited to an Internet chat room, electronic mail, or online
messaging service.
(g) “Interactive computer service” means any information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including a service or system that provides access to the Internet and such systems
operated or services offered by government, libraries, or educational institutions.
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(h) “Pornography involving juveniles” is any photograph, videotape, film, or other
reproduction, whether electronic or otherwise, of any sexual performance involving a child under
the age of eighteen (18).
(i) “Produce” means to photograph, videotape, film, or otherwise reproduce pornography
involving juveniles, or to solicit, promote, or coerce any child for the purpose of pornography
involving juveniles.
(j) “Sexual conduct” means actual or simulated sexual intercourse, deviant sexual
intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or any lewd exhibition of the
genitals or anus.
(k) “Sexual performance” means any performance or part thereof that includes actual or
simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or
sadomasochistic abuse, or lewd exhibition of the genitals or anus.
(l) “Telecommunications service” means the offering of telecommunications for a fee
directly to the public, regardless of the facilities used.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 317.
Pornography Involving Juveniles.
(a) Prohibited acts. It shall be unlawful for:
(1)
A person to produce, promote, advertise, distribute, possess, or possess
with the intent to distribute pornography involving juveniles;
(2)
A parent, legal guardian, or custodian of a child to consent to the
participation of the child in pornography involving juveniles.
(b)
Prima facie evidence. The following shall be prima facie evidence of the intent
to sell or distribute:
(1)
Possession of three or more similar photographs, images, films,
videotapes, or other visual reproductions; or
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(2)
Possession of three or more photographs, images, films, videotapes, or
other visual reproductions and possession of any type of file sharing
technology or software.
(c) Defenses prohibited. The following shall not serve as a defense to prosecution for a
violation of this Section:
(1)
Lack of knowledge of the juvenile’s age; or
(2)
The juvenile’s consent to participating in the activity prohibited by this
Section.
(d) Penalty.
(1)
Possession. Whoever intentionally possesses pornography involving
juveniles is guilty of a Class A Misdemeanor and, upon conviction, shall
be sentenced accordingly. On a second conviction under this Paragraph
(1), the offender shall be guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly without the benefit of parole,
probation, or suspension of the sentence.
(2)
Distribution. Whoever distributes or possesses with the intent to
distribute pornography involving juveniles shall be guilty of a Felony and,
upon conviction, shall be sentenced accordingly. On a second conviction
under this Paragraph (2), the offender shall be guilty of an Enhanced
Felony and, upon conviction, shall be sentenced accordingly.
(3)
Parent, guardian, or custodian consent. Any parent, legal guardian, or
custodian of a child who consents to the participation of the child in
pornography involving juveniles shall be guilty of an Enhanced Felony
and, upon conviction, shall be sentenced accordingly.
(4)
Production. Whoever engages in the promotion, advertisement, or
production of pornography involving juveniles shall be guilty of a Felony
and, upon conviction, shall be sentenced accordingly. On a second
conviction under this Paragraph (4), the offender shall be guilty of an
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Enhanced Felony and, upon conviction, shall be sentenced accordingly
without the benefit of parole, probation, or suspension of the sentence.
(5)
Pornography involving juveniles under the age of thirteen. Whoever
commits the crime of pornography involving juveniles punishable by the
penalties prescribed in Paragraphs (1), (2), (3), or (4) of this Subsection
when the juvenile victim is under the age of thirteen (13) years and the
offender is eighteen (18) years of age or older shall be guilty of an
Enhanced Felony and, upon conviction, shall be sentenced accordingly.
On a second conviction under this Paragraph (5), the offender shall be
guilty of an Enhanced Felony and, upon conviction, shall be sentenced
accordingly without the benefit of parole, probation, or suspension of the
sentence.
(e) Determining the age of the victim. In prosecutions for violations of this Section, the
trier of fact may determine, utilizing the following factors, whether the person displayed or
depicted in any photograph, videotape, film, or other video reproduction introduced in evidence
was under the age of eighteen (18) or thirteen (13) at the time of the filing or recording:
(1)
The general body growth, bone structure, and bone development of the
person;
(2)
The development of pubic or body hair on the person;
(3)
The development of the person’s sexual organs;
(4)
The context in which the person is placed or the age attributed to the
person in any accompanying video, printed, or text material;
(5)
Available expert testimony and opinion as to the chronological age or
degree of physical or mental maturity or development of the person;
(6)
Such other information, factors, and evidence available to the trier of fact
which the court determines as relevant, probative, and reasonably reliable.
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(f)
Inapplicability. The provisions of this Section shall not apply to a provider of an
interactive computer service, provider of a telecommunications service, or a cable operator as
defined by the provisions of this Section.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 318.
Computer-Aided Solicitation of a Minor.
(a) Prohibited acts. Computer-aided solicitation of a minor is committed when:
(1)
A person eighteen (18) years of age or older knowingly contacts or
communicates, through the use of electronic textual communication, with
a person who has not yet attained the age of seventeen (17) where there is
an age difference of greater than two (2) years, or a person reasonably
believed to have not yet attained the age of seventeen (17) and reasonably
believed to be at least two (2) years younger, for the purpose of or with the
intent to persuade, induce, entice, or coerce the person to engage or
participate in sexual conduct, or with the intent to engage or participate in
sexual conduct in the presence of the person who has not yet attained the
age of seventeen (17), or person reasonably believed to have not yet
attained the age of seventeen (17); or
(2)
A person eighteen (18) years of age or older knowingly contacts or
communicates, through the use of electronic textual communication, with
a person who has not yet attained the age of seventeen where there is an
age difference of greater than two (2) years, or a person reasonably
believed to have not yet attained the age of seventeen (17) and reasonably
believed to be at least two (2) years younger, for the purpose of or with the
intent to arrange for any third party to engage in any of the conduct
proscribed by the provisions of Paragraph (1) of this Subsection (a); or
(3)
The contact or communication subject to Paragraphs (1) or (2) of this
Subsection (a) is initially made through electronic textual communication
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and subsequent communication is made through the use of any other form
of communication.
(b) Defenses prohibited. The following shall not serve as a defense to prosecution for a
violation of this Section:
(1)
That the person reasonably believed to be under the age of seventeen (17)
is a commissioned law enforcement officer or peace officer acting in his
official capacity;
(2)
That the juvenile consented to participation in the activity prohibited by
this Section.
(c) Penalty.
(1)
Victim thirteen years or more. Whoever violates the provisions of this
Section when the victim is thirteen (13) years or more but has not attained
the age of seventeen (17) shall be guilty of a Felony and, upon conviction,
shall be sentenced accordingly. On a second conviction under this
Paragraph (1), the offender shall be guilty of an Enhanced Felony and,
upon conviction, shall be sentenced accordingly.
(2)
Victim under the age of thirteen. Whoever violates the provisions of
this Section when the victim is under thirteen (13) years of age shall be
guilty of an Enhanced Felony and, upon conviction, shall be sentenced
accordingly. On a second conviction under this Paragraph (2), the offender
shall be guilty of an Enhanced Felony and, upon conviction, shall be
sentenced accordingly without the benefit of parole, probation, or
suspension of the sentence.
(3)
Offender reasonably perceived age of victim. Whoever violates the
provisions of this Section, when the victim is a person reasonably believed
to have not yet attained the age of seventeen (17), is guilty of a Felony
and, upon conviction, shall be sentenced accordingly. On a second
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conviction under this Paragraph (3), the offender shall be guilty of an
Enhanced Felony and, upon conviction, shall be sentenced accordingly.
(4)
Sexual conduct involved. If the computer-aided solicitation results in
actual sexual conduct between the offender and victim and the difference
between the age of the victim and the age of the offender is five (5) years
or greater, the offender is guilty of an Enhanced Felony and, upon
conviction, shall be sentenced accordingly without the benefit of parole,
probation, or suspension of the sentence.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter E. Assault and Related Offenses.
Sec. 319.
Assault Defined.
For the purpose of this Subchapter E, “assault” is:
(a) an act done with intent to cause fear in another of immediate bodily harm or death; or
(b) the intentional infliction of or attempt to inflict bodily harm upon another.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 320.
Simple Assault.
(a) Prohibited acts. A person who does any of the following commits a simple assault:
(1)
commits an act with intent to cause fear in another of immediate bodily
harm or death; or
(2)
(b)
intentionally inflicts or attempts to inflict bodily harm upon another.
Penalty. A person who commits simple assault is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 321.
Aggravated Assault – Severe Bodily Harm.
A person who assaults another and inflicts severe bodily harm is guilty of a Felony and,
upon conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 322.
Aggravated Assault – Dangerous Weapon.
A person who assaults another with a dangerous weapon is guilty of a Felony and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 323.
Aggravated Assault – Great Bodily Harm.
A person who assaults another and inflicts great bodily harm is guilty of a Felony and,
upon conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 324.
Strangulation.
A person who intentionally impedes the normal breathing or circulation of the blood by
applying pressure on the throat or neck or by blocking the nose or mouth of the victim for the
purpose of harming the victim or provoking fear in the victim is guilty of a Felony and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 325.
Aggravated Assault – Public Official.
A person who assaults, resists, impedes, intimidates, or interferes with a commissioned
law enforcement officer, tribal court judge, tribal court staff, tribal prosecutor, security guard,
firefighter, medical emergency personnel, social worker, teacher, a Chitimacha Tribal Council
member, or a Chitimacha Tribal Council member’s immediate staff, when that official is
engaged in the lawful performance of his or her duties, including when providing services to a
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victim or a child, or on account of the performance of his or her duties commits an Aggravated
Assault under this Section and is guilty of a Felony and, upon conviction, shall be sentenced
accordingly, provided that a person who commits an Aggravated Assault under this Section and
inflicts bodily injury must receive a minimum sentence of thirty (30) days in jail.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 325A.
Assault of Tribal Justice Personnel.
A person who uses, attempts to use, or threatens to use physical force against a Tribal Justice
Personnel is guilty of a felony, and upon conviction, shall be sentenced accordingly. For purpose
of this Section, a Tribal Justice Personnel shall mean any individual authorized to act for, or on
behalf of, the Tribe or serving the Tribe during, or because of, the performance or duties of that
individual in any of the following activities:
(1) preventing, detecting, investigating, making arrests relating to, making
apprehensions for, or prosecuting a crime;
(2) adjudicating, participating in the adjudication of, or supporting the
adjudication of a crime;
(3) detaining, providing supervision for, or providing services for persons
charged with a crime; or
(4) incarcerating,
supervising,
providing
treatment
for,
providing
rehabilitation services for, or providing reentry services for persons
convicted of a crime.
Subchapter F. Abusive Conduct.
Sec. 326.
(a)
Harassment and Stalking.
Prohibited Acts.
i. A person who does any of the following commits harassment: knowingly and
repeatedly commits unwanted or intrusive communications, acts, or gestures,
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including using a telephone, the Internet, a computer-aided device, cellular
telephone, facsimile machine, video recorder, or any other similarly situated
communication device, to repeatedly transmit images, writings, or sounds to
another person for no lawful purpose; records images, writings, or sounds of
another person for no lawful purpose; stalks, follows, peers or peeps into
windows; or commits any similar acts that are intended to adversely and
unlawfully affect the safety, security, or privacy of another, regardless of the
relationship between the offender and the victim.
ii. A person who engages in any conduct, including conduct identified in
subdivision (a), directed at a specific person that would cause a reasonable
person to fear for their safety or the safety of others, or to suffer substantial
emotional distress, commits stalking.
(a) Penalty. A person who commits Harassment or Stalking is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 327.
Abuse of a Vulnerable Adult.
(a) Definitions. For the purposes of this Section, the following definitions shall apply:
(1)
“Abuse” means an act against a vulnerable adult that constitutes a
violation of or an attempt to violate:
(b) Assault as defined in Section 318 or Section 310 (Indecent
(ii)
Exposure);
Criminal sexual conduct in violation of Sections 307 (Rape), 308
(Sexual Assault), or 311 (Prostitution);
In addition, abuse means:
(c) Conduct which is not performed for any lawful or therapeutic purpose, which
produces or could reasonably be expected to produce physical pain or injury or
emotional distress to a vulnerable adult, including hitting, slapping, biting, kicking,
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pinching or other similar conduct, or the use of repeated or malicious oral, written, or
gestured language that would be considered by a reasonable person to be disparaging,
derogatory, humiliating, harassing, or threatening; or
(iv)
The use of any deprivation procedure, unreasonable confinement,
or involuntary seclusion, including the forced separation of the
vulnerable adult from other persons against the will of the
vulnerable adult or the legal representative of the vulnerable adult.
(2)
“Caregiver” means an individual or facility who has responsibility for the
care of a vulnerable adult as a result of a family relationship, or who has
assumed responsibility for all or a portion of the care of a vulnerable adult
voluntarily, by contract, or by agreement.
(3)
“Financial exploit” means:
(d) Willfully using, withholding, or disposing of funds or property of a
vulnerable adult; or
(ii)
Forcing, compelling, coercing, or enticing a vulnerable adult
against the vulnerable adult’s will to perform services for the profit
or advantage of another.
(4)
“Neglect” means a caregiver’s failure to supply a vulnerable adult with
care or services, including food, clothing, shelter, health care, or
supervision which is:
(e) Reasonable and necessary to obtain or maintain the vulnerable adult’s
mental health or safety considering the physical
and
mental
physical
or
capacity
or
dysfunction of the vulnerable adult; and
(ii)
(5)
Which is not the result of an accident or therapeutic conduct.
“Vulnerable adult” means any person eighteen (18) years or older who:
(f) Is a resident or inpatient of a facility or receives services from a
licensed medical, therapeutic, or home care provider;
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(ii)
Regardless of residence or whether any type of service is received
possesses an infirmity or other physical, mental, or emotional
dysfunction that impairs the individual’s ability to provide
adequately for the individual’s own care without assistance and
because of the dysfunction or infirmity and the need for care or
services, the individual ability to protect the individual’s self from
abuse, neglect, or financial exploit is impaired.
(b)
Prohibited acts. A caregiver who knowingly and intentionally neglects, abuses,
or financially exploits a vulnerable adult commits abuse of a vulnerable adult.
(c)
Affirmative defenses. A caretaker who in good faith selects and depends on
spiritual means or prayer for treatment or care of disease or remedial care of a vulnerable adult,
this treatment or care is “health care” within the meaning of this Section.
(d)
Penalty. A person who commits abuse of a vulnerable adult is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly, except that a person who
commits an act that violates Subsection (a)(1)(ii) is guilty of an Enhanced Felony and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
CHAPTER 4. CRIMES AGAINST PRIVATE PROPERTY.
Subchapter A. Arson.
Sec. 401.
Arson.
(a) Prohibited acts. Except as specifically provided in this Section, a person who starts
or maintains a fire or causes and explosion with intent to destroy or damage a building, occupied
structure, motor vehicle, field, crop, or standing timber of another commits arson.
(b) Exception. A person who burns grass thatch or participates in a prescribed burn of
timbered land is not guilty of arson.
€
Penalty. A person who commits arson is guilty of a Felony and, upon conviction,
shall be sentenced accordingly.
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(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter B. Burglary and Related Offenses.
Sec. 402.
Burglary.
The person who enters a building or occupied structure, or a separately secured or
occupied portion of a building or structure, with intent to commit a violent crime or crime related
to theft therein is guilty of a Felony and, upon conviction, shall be sentenced accordingly, unless
the premises are at the time open to the public or the defendant is licensed or privileged to enter.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 403.
(a)
Criminal Trespass.
Prohibited acts.
A person who, knowing that he or she is not licensed or
privileged to do so, does any of the following commits criminal trespass:
(1)
enters or surreptitiously remains in any building or occupied structure, or
separately secured or occupied portion of a building or structure;
(2)
enters or remains in any place that belongs to another after being notified
that he or she is forbidden to do so, either orally, in writing, or by a fence
or other enclosure manifestly designed to exclude intruders; or
(3)
intentionally allows an animal to occupy or graze on the lands of another
person.
(b)
Penalty. A person who commits criminal trespass and enters or remains in any
building or occupied structure is guilty of a Class A Misdemeanor and, upon conviction, shall be
sentenced accordingly. Otherwise, a person who commits criminal trespass is guilty of a Class B
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter C. Theft and Related Crimes.
Sec. 404.
Theft.
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(g) Prohibited acts. A person who does any of the following commits theft:
(1)
intentionally takes or exercises unauthorized control over, or makes an
unauthorized transfer of an interest in, the property of another with intent
to deprive the owner thereof; or
(2)
intentionally obtains the property of another by misrepresentation or
deception; or
(3)
intentionally obtains the property of another by threat of force; or
(4)
receives, retains or disposes of the property of another knowing that it has
been stolen or believing that it has probably been stolen, unless the
property is received, retained or disposed of with interest to restore it to
the owner; or
(5)
comes into control of property of another that the defendant knows was
lost, mislaid, or delivered under a mistake as to the nature or amount of the
property or the identity of the recipient, and with intent to deprive the
owner thereof, fails to take reasonable measures to restore the property to
the person entitled to have it; or
(6)
intentionally obtains services, known by the defendant to be available only
for compensation, by avoiding payment for the services, or, having control
over the disposition of services of another to which he or she is not
entitled, knowingly diverts those services to the defendant’s own benefit
or
(7)
to the benefit of another not entitled thereto; or
intentionally disposes of, uses, or transfers any interest in property which
has been entrusted to the defendant as a parent or guardian of a minor, or
for any other reason, for other than the purpose or purposes for which the
property was placed in trust; or
(8)
intentionally misbrands or alters the brand or mark on any livestock of
another person is guilty of theft; or
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(9)
intentionally takes or uses a movable which belongs to another, either
without the other’s consent, or by means of fraudulent conduct, practice,
or representation, but without any intent to deprive the other of the
movable permanently. A “movable” is property whose physical location
can be changed.
(b) Penalty.
(1)
Felony theft. A person who commits theft where the amount exceeds
Five Hundred Dollars ($500.00) is guilty of a Felony and, upon
conviction, shall be sentenced accordingly. On a second conviction under
this Paragraph (1), the offender is guilty of a Felony and, upon conviction,
shall be sentenced accordingly, provided that the convicted offender
receives a minimum sentence of three (3) months in jail. On a third or
subsequent conviction under this Paragraph (1), the offender shall be
guilty of a Felony and, upon conviction, shall be sentenced accordingly,
provided that the convicted offender receives a minimum sentence six (6)
months in jail without the benefit of parole, probation, or suspension of
sentence.
(2)
Misdemeanor theft. A person who commits theft where the amount is
less than Five Hundred Dollars ($500.00) is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly. On a
second conviction under this Paragraph (2), the offender is guilty of a
Class A Misdemeanor and, upon conviction, shall be sentenced
accordingly, provided that the convicted offender receives a minimum
sentence of forty-five (45) days in jail. On a third conviction under this
Paragraph (2), the offender is guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly, provided that the convicted
offender receives three (3) months in jail without the benefit of parole,
probation, or suspended sentence.
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(Revised by Ordinance #3-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by
Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 405.
Robbery.
(h) Prohibited acts. A person commits robbery if he or she, in the course of committing
or attempting to commit a theft or while fleeing from the commission or attempted
commission of a theft, does any of the following:
(1)
inflicts or attempts to inflict bodily injury upon another person; or
(2)
threatens or menaces another with immediate bodily injury is guilty of
robbery.
(i) Penalty. A person who commits robbery is guilty of a Felony if the amount involved
exceeds Five Hundred Dollars ($500.00) and, upon conviction, shall be sentenced
accordingly.
Otherwise, a person who commits robbery is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #3-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by
Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 406.
Criminal Mischief.
(j) Penalty. A person commits criminal mischief if he or she intentionally or recklessly
does any of the following:
(1)
damages intangible property of another person; or
(2)
tampers with tangible property of another person so as to endanger person
or property is guilty of criminal mischief.
(k) Prohibited acts. A person who commits criminal mischief is guilty of a Class A
Misdemeanor if the defendant intentionally causes pecuniary loss in excess of One
Hundred Dollars ($100) and, upon conviction, shall be sentenced accordingly.
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Otherwise, a person who commits criminal mischief is guilty of a Class B
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015;
Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 407.
Issuing Bad Checks.
(a) Prohibited acts. A person who issues any check, draft or money order upon any
bank or other depository knowing that there are not sufficient funds in his or her account to pay
such check, draft or money order in full upon presentation commits issuing bad checks.
(b)
Penalty.
A person who commits issuing bad checks is guilty of a Class B
Misdemeanor and, upon conviction, shall be sentenced accordingly. A person who receives a
second or subsequent conviction for the act of issuing bad checks is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
€ Limitation. No person shall be prosecuted under this Section unless he or she has
been notified in writing of the insufficiency of funds, has been given at least ten (10) days in
which to make restitution, and has failed to make such restitution.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter D. Forgery and Related Crimes.
Sec. 408.
(a)
Forgery.
Prohibited acts. A person who, with intent to deceive or harm the Chitimacha
Tribe of Louisiana or any other person, knowingly and falsely signs, executes, or alters a writing
or written instrument or record so that it purports to have been made by another or by himself
under an assumed fictitious name, or at another time, or with different provisions, or by authority
of one who did not give such authority commits forgery.
(b)
Penalty. A person who commits forgery where the amount involved exceeds
Five Hundred Dollars ($500.00) is guilty of a Felony and, upon conviction, shall be sentenced
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accordingly. Otherwise, a person who commits forgery is guilty of a Class A Misdemeanor and,
upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #3-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by
Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 409.
Obtaining Signature by False Pretense.
Whoever, by false pretense, obtains the signature of another to a writing that is the
subject of forgery under Section 408 is guilty of a Class A Misdemeanor and, upon conviction,
shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
CHAPTER 5. CRIMES AGAINST THE PUBLIC ORDER.
Subchapter A. Explosives and Weapons Offenses.
Sec. 501.
Carrying a Concealed Dangerous Weapon.
(a) Prohibited acts. A person commits carrying a concealed dangerous weapon if he or
she carries, concealed about his or her person without specific governmental approval, a
dangerous weapon (as defined by Section 102(f).
(b) Penalty.
(1)
Subject to Subsection (b)(2), a person who commits carrying a concealed
dangerous weapon is guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly.
(2)
A person who commits carrying a concealed dangerous weapon in a
firearm-free zone is guilty of a Felony and, upon conviction, shall be
sentenced accordingly.
(l) In addition to the penalties prescribed for such an offense, a person
carrying a concealed dangerous weapon may be ordered by
such weapon to the Chitimacha Tribal Police
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
convicted
of
the Court to forfeit
Department.
Title III
Page 39
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 502.
(a)
Possession of Explosives.
Prohibited acts. A person who possesses, transports or controls any
nitroglycerin, dynamite or other dangerous explosive, unless such explosive is possessed in the
prosecution of or to effect a lawful purpose previously approved by the Chitimacha Tribal
Council, commits possession of explosives.
(b) Penalty.
(1)
Subject to Subsection (b)(2), a person who commits possession of
explosives is guilty of a Class A Misdemeanor and, upon conviction, shall
be sentenced accordingly.
(2)
A person who commits possession of explosives in a firearm-free zone is
guilty of a Felony and, upon conviction, shall be sentenced accordingly.
(3)
In addition to the penalty prescribed for such an offense, a person
convicted of possession of explosives may be ordered by the Chitimacha
Tribal Court to forfeit such explosives to the Chitimacha Tribal Police
Department.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 503.
Use of Dangerous Weapons by Children.
(m) Prohibited acts.
(1)
A parent, guardian, or other person having charge or custody of a minor
under seventeen (17) years of age shall not knowingly allow such minor to
carry or use in public a dangerous weapon.
(2)
A person who is under the age of seventeen (17) shall not knowingly
possesses a dangerous weapon.
(n) Penalty.
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(1)
A person who commits use of a dangerous weapon by children in violation
of Subsection (a)(1) is guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly, except that a person so
convicted who committed the offense in a firearm-free zone shall be guilty
of a Felony and, upon conviction, shall be sentenced accordingly.
(2)
A person who commits use of a dangerous weapon by children in violation
of Subsection (a)(2) is guilty of a Class B Misdemeanor and, upon
conviction, shall be sentenced accordingly, except that a person so
convicted who committed the offense in a firearm-free zone shall be guilty
of a Class A Misdemeanor and, upon conviction, shall be sentenced
accordingly.
(o)
Exclusion. The provisions of this Section shall not apply where the person who
is under the age of seventeen (17) is in the company and under the direct or indirect control of a
parent, guardian, or other adult person.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 504.
Unlawful Discharge of Firearms.
(a) Prohibit acts. A person who does any of the following acts commits unlawful
discharge of firearms:
(1)
discharges a firearm in a careless or reckless manner so as to endanger a
person or property within the Chitimacha Reservation;
(2)
discharges a firearm while located on the Chitimacha Reservation; or
(3)
discharges a firearm in a firearm-free zone.
(b) Penalty.
(1)
A person who commits unlawful discharge of firearms under Subsection
(a)(1) or (a)(2) is guilty of a Class A Misdemeanor and, upon conviction,
shall be sentenced accordingly.
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(2)
A person who commits unlawful discharge of firearms under Subsection
(a)(3) is guilty of a Felony and, upon conviction, shall be sentenced
accordingly.
(3)
In addition to the penalty prescribed for such an offense, a person
convicted of unlawful discharge of firearms may be ordered by the
Chitimacha Tribal Court to forfeit such firearm to the Chitimacha Tribal
Police Department.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 505.
Unlawful Possession of Firearms.
(a) Prohibited acts. A person other than a commissioned law enforcement officer
engaged in official duties who does any of the following acts commits unlawful possession of
firearms:
(1)
possesses, obtains, receives, sells or uses a short-barreled rifle (16” or
less) or short-barreled shotgun (18” or less);
(2)
possesses or owns a
firearm after having been convicted in any
jurisdiction of a felony-level offense; or
(3)
possesses a firearm in a firearm-free zone, subject to the exclusions
provided under Section 506€.
(b) Penalty.
(1)
A person who commits unlawful possession of firearms in violation of
Subsections (a)(1) or (a)(2) is guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly.
(2)
A person who commits unlawful possession of firearms in violation of
Subsections (a)(3) is guilty of a Felony and, upon conviction, shall be
sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 506.
Firearm-Free Zone.
(a) Definitions. For the purpose of this Section, the following definitions shall apply:
(1)
“School” means any institution designed for the teaching of students (or
“pupils”) under the direction of Educators;
(2)
“School property” means all property used for school purposes, including
but not limited to school playgrounds, as well as any building or area
owned by the Chitimacha Tribe of Louisiana and used or operated as a
playground or recreational facility and all parks and recreational areas
administered by the Tribe; and
(3)
“Child day care center property” means property where children are cared
for during the day by a person other than the child’s legal guardians,
typically performed by someone outside the child’s immediate family.
(b) Firearm-free zone. For the purposes of Title III of this Code, “firearm-free zone” is
an area inclusive of any school, school property, child day care center property, and within five
hundred feet of any such location, and within a school bus or day care bus.
€ Notice to the public. The Chitimacha Tribal Police Department shall:
(1)
Publish a map clearly delineating the boundaries of each firearm-free zone
in accordance with the specifications in Subsection (b). The firearm-free
zone map shall be a public document and submitted to the Clerk of Court
for the Chitimacha Tribal Court; and
(2)
Create signage that clearly communicates that an area is a firearm-free
zone and that such zone extends to five hundred feet (500’) from the
boundary of the area. Post the signs in a visible manner on or near each
school and school property, on and in each school bus, on or near each
child day care center property, and on and in each day care bus.
(d) Prohibited acts and penalty. A person who covers, defaces, alters, or
destroys any sign or other marking identifying a firearm-free zone as provided in this
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Section is guilty of a Class B Misdemeanor and, upon conviction, shall be sentenced
accordingly.
€ Properties excluded. The provisions of this Section shall not apply to:
(1)
A government property devoted to law enforcement;
(2)
A commercial establishment which is permitted by law to have firearms or
armed security; or
(3)
Private premises, including a home or vehicle, where a firearm is kept
pursuant to law.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter B. Threats Made Against the Public Order.
Sec. 507.
Terroristic Threats.
(a) Prohibited acts. A person who does any of the following commits terroristic threats:
(1)
Threatens to commit any crime of violence with purpose to terrorize
another or to cause evacuation of a building, place of assembly or facility
of public transportation or otherwise cause serious public inconvenience,
or in reckless disregard of the risk of causing such terror or serious public
inconvenience; or
(2)
Communicates to another with purpose to terrorize another or in reckless
disregard of the risk of causing such terror, that explosives or an explosive
device or any incendiary device is present at a named place or location,
whether or not the same is in fact present.
(b)
Penalty. A person who commits terroristic threats is guilty of a Felony and, upon
conviction, may be sentenced accordingly.
(c)
Affirmative defense. It shall be an affirmative defense that the person
communicating the information provided for in Subsection (a) was not involved in the
commission of a crime of violence or creation of a circumstance dangerous to human life and
reasonably believed his actions were necessary to protect the welfare of the public.
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(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 508.
Aiding Others in Terrorism.
A person who raises, solicits, collects, or provides material support or resources with the
intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of
terrorism or hinders the prosecution of terrorism, including harboring or concealing a person who
is known or believed by the offender to have committed an act of terrorism or suppressing
evidence which may aid in the discovery or apprehension of a person who is known or believed
by the offender to have committed an act of terrorism, is guilty of a Felony and, upon conviction,
may be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter C. Drugs and Related Offenses.
Sec. 509.
Unlawful Production, Distribution, Intent to Distribute, Sale,
Possession, or Use of Drugs.
(a) Definitions.
(1) “Drug” or “drugs” means:
a.
A “controlled substance” as defined by the Controlled Substances Act and
21 C.F.R Part 1308;
b. Gasoline, airplane glue, or any other similar noxious substance when
inhaled for the purpose of producing intoxication;
c. “Legend drugs” without a prescription; “legend drugs” are defined as any
drug or drug product bearing on the label
of
distributor, as required by the Federal Food and
the
manufacturer
or
Drug Administration,
the statement "Caution: Federal law prohibits dispensing without
prescription."
(2) “Drug” or “drugs” excludes:
a. Products derived from “hemp,” as that term is defined in 7 U.S.C. §
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1639o, including cannabidiol or CBD products sold over the counter; and
b. Medical marijuana, tetrahydrocannabinol or THC, or a chemical derivative
of tetrahydrocannabinol or THC, when possessed and used in accordance
with Louisiana’s Therapeutic Use of Marijuana laws, La. R.S. § 40:1046.
(b) Prohibited acts. A person who knowingly produces, distributes, intends to distribute,
sells, possesses or uses drugs is guilty of the unlawful production, distribution, intent to
distribute, sale, possession or use of drugs.
(c) Penalty.
(1)
Production and distribution. A person who commits unlawful
production, distribution, intent to distribute or sale of drugs is guilty of a
Felony and, upon conviction, shall be sentenced accordingly.
(2)
Possession and use.
(i)
A person who commits unlawful possession or use of drugs is
guilty of a Class A Misdemeanor and, upon conviction, shall be
sentenced accordingly, provided that the drug possessed or used is
marijuana.
(ii)
A person who commits unlawful possession or use of drugs is
guilty of a Felony and, upon conviction, shall be sentenced
accordingly, provided that the drug possessed or used is any drug
other than marijuana.
(iii)
Civil forfeiture. Any drugs, drug paraphernalia and property used
or obtained in the commission of any crime under this Section
shall be subject to forfeiture as ordered by the Court.
(Revised by Ordinance #3-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by
Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised by
Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 509-A.
Unlawful Distribution, Sale, Possession and/or Use of Drug
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Paraphernalia.
(a)
Prohibited acts. A person who knowingly, or under circumstances where one
reasonably should know, sells, lends, gives, exchanges, or otherwise distributes, possesses or
uses drug paraphernalia commits unlawful distribution, sale, possession, and/or use of drug
paraphernalia.
(b) Definition. For the purposes of this Section, “Drug Paraphernalia” shall be defined
as any equipment, product, or material of any kind which is primarily intended or designed for
use in manufacturing, compounding, converting, concealing, producing, processing, preparing,
injecting, ingesting, inhaling, or otherwise introducing into the human body drugs, as defined in
Section 509(a). It includes primarily intended or designed for ingesting, inhaling, or otherwise
introducing drugs into the human body, such as:
metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens,
permanent screens, hashish heads, or punctured metal bowls;
water pipes;
carburetion tubes and devices;
smoking and carburetion masks;
roach clips: meaning objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand;
miniature spoons with level capacities of one-tenth cubic centimeter or less;
chamber pipes;
carburetor pipes;
electric pipes;
air-driven pipes;
chillums;
bongs;
ice pipes or chillers;
wired cigarette papers, or;
cocaine free base kits.
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(c) Determining factors. In determining whether an object is drug paraphernalia, a
court or other authority shall consider, in addition to all other legally relevant factors, the
following:
(1)
Statements by the an owner or by anyone in control of the object
concerning its use;
(2)
The proximity of the object to drugs;
(3)
The existence of any residue of drugs on the object;
(4)
instructions, oral or written, provided with the item concerning its use;
(5)
descriptive materials accompanying the item which explain or depict its
use;
(6)
national and local advertising concerning its use;
(7)
the manner in which the item is displayed for sale;
(8)
whether the owner, or anyone in control of the item, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
(9)
direct or circumstantial evidence of the ratio of sales of the item(s) to the
total sales of the business enterprise;
(10)
the existence and scope of legitimate use of the item in the community;
and
(11)
expert testimony concerning its use.
(d) Penalty. A person who commits unlawful distribution, sale, possession and/or use of
drug paraphernalia is guilty of a Class A Misdemeanor and, upon conviction, shall be sentenced
accordingly.
(Added by Ordinance #3-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised by
Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec 509-B.
Violation of Unlawful Production, Distribution, Intent to Distribute, Sale,
Possession or Use of Drugs; Drug Free Zone.
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(a) Prohibited acts.
(1)
Any person who violates a provision of Title III, Section 509, Unlawful
production, distribution, intent to distribute, sale, possession or use of
drugs on any property used for school purposes by any school, within two
thousand feet (2,000’) of any such property, or while on a school bus,
shall, upon conviction, be punished in accordance.
(2)
Any person who violates a provision of Title III, Section 509, Unlawful
production, distribution, intent to distribute, sale, possession or use of
drugs while on property used as a drug treatment facility or within two
thousand feet (2,000’) of any such property, when included within an area
marked as a drug free zone pursuant shall, upon conviction, be punished in
accordance.
(3)
(a) Any person who violates a provision of Title III, Section 509,
Unlawful production, distribution, intent to distribute, sale, possession or
use of drugs while on any housing authority property, child day care
center property, or within two thousand feet (2,000’) of any such property,
if the area is posted as a drug free zone, shall, upon conviction, be
punished in accordance.
(b) In order for the provisions of this Section to apply to housing authority
property, or child day care center property, the building must be posted as
a drug free zone as provided herein. The design and posting of the signs
shall be at the discretion of the entity that owns or has authority over the
religious building, public housing authority property, or child day care
center property. In order to post the area as a drug free zone, the signs
shall be located in a visible manner on or near each housing authority
property, or child day care center property indicating that such area is a
drug free zone, that such zone extends for a distance of two thousand feet
(2,000’), and that a violation of Title III, Section 509, Unlawful
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production, distribution, intent to distribute, sale, possession or use of
drugs will subject the offender to severe penalties under law.
(b) Defense prohibited. Lack of knowledge that the prohibited act occurred on or within
two thousand feet (2,000’) of school or drug treatment facility property shall not be a defense.
(c) Definitions. For purposes of this Section:
(1)
"School" means any institution designed for the teaching of students (or
"pupils") under the direction of Educators.
(2)
"School property" means all property used for school purposes, including
but not limited to school playgrounds, as well as any building or area
owned by the Chitimacha Tribe of Louisiana and used or operated as a
playground or recreational facility and all parks and recreational areas
administered by the Tribe.
(3)
"Drug treatment facility" means all property used for diagnostic,
treatment, and rehabilitative services to patients and their families with
problems related to alcohol, drug, or substance abuse.
(4)
"Housing authority property" means all property owned or operated by a
housing authority or agency created by The Chitimacha Tribe of
Louisiana.
(5)
"Child day care center property" means property where children are cared
for during the day by a person other than the child's legal guardians,
typically performed by someone outside the child's immediate family.
(d) Penalty. A person who commits Violation of Unlawful Productions, Distribution,
Intent to Distribute or Sale of Drugs in a Designated Drug Free Zone is guilty of an Enhanced
Felony and, upon conviction, may be sentenced accordingly. A person who commits Unlawful
Possession or Use of Drugs in a Designated Drug Free Zone is guilty of a Felony and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 509-C.
Distribution to Persons Under Age Eighteen.
(b) Prohibited acts.
(1) A person who is twenty-five (25) years of age or older who violates Title
III, Section 509 of this Code by distributing a drug to a person he or she
knows is under eighteen (18) years of age is guilty of distribution to a
person under age eighteen.
(2) A person who is at least eighteen (18) years of age but under twenty-five
(25) who violates Title III, Section 509 by distributing a drug to a person
he or she knows is under eighteen (18) years of age commits distribution
to a person under age eighteen under this Subsection(a)(2), provided that
the drug recipient is at least three years (3) younger than the offender.
(c) Penalty.
(1)
A person who commits distribution to a person under the age of eighteen
(18) under Subsection (a)(1) is guilty of an Enhanced Felony and, upon
conviction, shall be sentenced accordingly.
(2) A person who commits distribution to a person under the age of eighteen
(18) under Subsection (a)(2) is guilty of a Felony and, upon conviction,
shall be sentenced accordingly.
(Added by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 509-D.
Additional Penalties May be Imposed.
In addition to any penalties hereinabove provided, if the Chitimacha Tribe of Louisiana
or any of its affiliated organizations pays expenses related to the care or medical services of the
offender, the Chitimacha Tribe of Louisiana may seek restitution from any funds to be paid to
the offender through annual per capita payments or minor’s trust funds, now or in the future.
(Added by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 510.
Falsification of Drug Tests.
(a) Prohibited acts. A person who does any of the following acts commits falsification
of drug tests:
(1)
Submits to court-ordered drug testing, either after arrest for an offense and
as a condition of pretrial release or after conviction of, or plea of guilty to,
an offense and as a condition of probation, shall intentionally falsify or
alter or attempt to falsity or alter the results of such a drug test by the
substitution of urine or other samples or specimens or the use of any
device in order to obscure or conceal the presence of a substance that the
test is administered to detect; or
(2)
Knowingly deliver, possess with the intent to deliver, or manufacture with
the intent to deliver a substance or device designed or intended solely to
falsify or alter drug test results.
(b) Penalty. A person who commits falsification of drug test results is guilty of a Class
B Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter D. Offenses Involving Governmental Processes.
Sec. 511.
Bribery.
(a) Prohibited acts. A person commits bribery if he or she intentionally offers, gives, or
agrees to give another, or solicits, accepts, or agrees to accept from another, anything of value as
consideration:
(1)
to influence the recipient's official action as a public servant; or
(2)
to induce the recipient's violation of a known legal duty as a public servant
is guilty of bribery.
(b) Penalty. A person who commits bribery is guilty of a Felony and, upon conviction,
shall be sentenced accordingly.
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(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 512.
Interfering with Elections.
(a) Prohibited acts. A person commits interfering with elections if he or she does any
of the following:
(1)
coerces, threatens, injures or intimidates another person with respect to
voting, qualifying to vote, qualifying or campaigning as or for a candidate
for elective office, or qualifying or acting as an election official, in any
primary, special, or general election of the Chitimacha Tribe of Louisiana;
(2)
in connection with any election of the Chitimacha Tribe of Louisiana,
makes or induces any false voting registration;
(3)
in connection with any election of the Chitimacha Tribe of Louisiana,
offers, gives, or agrees to give anything of pecuniary value to another
person as consideration for the recipient's voting or withholding his or her
vote or voting for or against any candidate or issue or for such conduct by
another;
(4)
solicits, accepts, or agrees to accept anything of pecuniary value as
consideration for conduct prohibited under Subsections (b) or (c); or
(5)
otherwise obstructs or interferes with the lawful conduct of an election of
the Chitimacha Tribe of Louisiana or registration therefore.
(b) Penalty. A person who commits interfering with elections under Subsections (a)(1)
through (4) is guilty of a Felony and, upon conviction, shall be sentenced accordingly. A person
who commits interfering with election under Section (a)(5) is guilty of a Class A Misdemeanor
and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 513.
Prohibited Campaigning.
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A person who violations Title X, Chapter 6, Section 608 of the Code is guilty of a Class
B Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 514.
Hindering Law Enforcement.
(a) Prohibited acts. A person commits hindering law enforcement if he or she knows
that another person has or may have committed a criminal offense and intentionally interferes
with, hinders, delays, or prevents the discovery, arrest, prosecution, conviction, or punishment of
such other person by:
(1)
harboring or concealing such other person;
(2)
providing such other person with a weapon, money, transportation,
disguise, or other means of avoiding discovery or apprehension;
(3)
warning such other person of impending discovery or apprehension, unless
the warning is intended to induce such person to give himself up to a law
enforcement officer;
(4)
giving false information or a false report to a law enforcement officer,
knowing such information or report to be false, or
(5)
attempting to influence the deliberations of a jury; is guilty of hindering
law enforcement.
(b) Penalty. A person who commits hindering law enforcement is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 515.
Perjury.
(a) Prohibited acts. A person who, in any official proceeding of the Chitimacha Tribe
of Louisiana, makes a false statement or interpretation under oath or equivalent affirmation, or
swears or affirms the truth of a statement of interpretation previously made when the statement
or interpretation is material and the defendant does not believe it to be true, commits perjury.
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Falsification is “material” if it could have affected the course or outcome of the
proceeding.
(b) Penalty. A person who commits perjury is guilty of a Felony and, upon conviction, shall
be sentenced accordingly.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 516.
Criminal Contempt.
(a) Contempt power. All courts of the Chitimacha Tribe of Louisiana have power to
punish for contempt of their authority.
(b) Prohibited acts. A person commits criminal contempt by doing any of the following:
(1)
misbehavior of any person in the presence of the Chitimacha Tribal Court
or so near thereto as to obstruct the administration of justice; or
(2)
disobedience or resistance to any process, order, subpoena, warrant or
command of the Chitimacha Tribal Court.
(c) Penalty. A person who commits criminal contempt is guilty of a Class A
Misdemeanor and, upon conviction, shall be convicted accordingly.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 517.
Resisting a Law Enforcement Officer.
(a) Prohibited acts. A person commits resisting a law enforcement officer if the person
has reasonable grounds to believe that the victim is a law enforcement officer acting in the
performance of his or her official duties and does any of the following:
(1)
refuses to give his or her name or provides false information regarding his
or her identity; or
(2)
flees from a law enforcement officer.
(b) Penalty. A person who commits resisting a law enforcement officer is guilty of a
Class B Misdemeanor and, upon conviction, shall be sentenced accordingly.
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(c) Legality of arrest irrelevant. A person is guilty of resisting a law enforcement
officer regardless of whether the arrest is lawful.
(d) Affirmative defense. It is a defense to a prosecution under this Section to resist force
that is clearly excessive.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 518.
(a)
Resisting Arrest with Force or Violence.
Prohibited acts. A person commits resisting arrest with force or violence if the
person has reasonable grounds to believe that the victim is a law enforcement officer acting in
the performance of his or her official duties and the person does any of the following:
(1)
creates a substantial risk of bodily harm to a law enforcement officer; or
(2)
knowingly uses force or violence to resist the arrest.
(b) Penalty. A person who commits resisting arrest with force or violence is guilty of a
Felony and, upon conviction, shall be sentenced accordingly.
(c)
Legality of arrest irrelevant. A person is guilty of resisting arrest with force or
violence regardless of whether the arrest is lawful.
(d) Affirmative defense. It is a defense to a prosecution under this Section to resist force
that is clearly excessive.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 519.
(a)
Resisting Arrest with Bodily Injury.
Prohibited acts. A person commits resisting arrest with bodily injury if the
person has reasonable grounds to believe that the victim is a law enforcement officer acting in
the performance of his or her official duties and the person intentionally inflicts bodily injury
upon a law enforcement officer after being told by a law enforcement officer that he or she is
under arrest.
(b)
Penalty. A person who commits resisting arrest with bodily injury is guilty of a
Felony and, upon conviction, shall be sentenced accordingly.
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(c) Legality of arrest irrelevant. A person is guilty of resisting arrest with bodily injury
regardless of whether the arrest is lawful.
(d) Affirmative defense. It is a defense to a prosecution under this Section to resist force
that is clearly excessive.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 520.
(a)
Escape.
Prohibited acts. A person who unlawfully removes himself or herself from
official detention or fails to return to official detention following temporary leave granted for a
specific purpose or limited period commits escape.
"Official detention" does not include supervision of probation or parole or constraint
incidental to release on bail.
(b)
Penalty.
A person who commits escape is guilty of a Felony and, upon
conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 521.
(a)
Obstruction of Justice.
“Tribal Justice Personnel” means an individual authorized to act for, or on
behalf of, the Tribe or serving the Tribe during, or because of, the performance or duties of that
individual in:
(1) preventing, detecting, investigating, making arrests relating to, making
apprehensions for, or prosecuting a criminal offense;
(2) adjudicating, participating in the adjudication of, or supporting the
adjudication of a criminal offense;
(3) detaining, providing supervision for, or providing services for persons charged
with a criminal offense; or
(4) incarcerating, supervising, providing treatment for, providing rehabilitation
services for, or providing reentry services for persons convicted of a criminal
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offense.
(b)
Prohibited acts. Whoever intentionally does any of the following acts commits
obstruction of justice:
(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil
or criminal, or apprehension of another on a charge or conviction of a criminal
offense;
(2) obstructs, resists, or interferes with a law enforcement officer while the officer
is engaged in the performance of official duties; or
(3) by force or threat of force, endeavors to obstruct Tribal Justice Personnel who
are lawfully engaged in the performance of their official duties for the purpose
of deterring or interfering with the performance of those duties.
(Added by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Subchapter E. Disorderly Conduct and Related Offenses.
Sec. 522.
Disorderly Conduct.
(a) Prohibited acts. A person who, with intent to harass, alarm or annoy another person,
or in reckless disregard of the fact that another person is harassed, annoyed or alarmed by his or
her behavior, does any of the following acts commits disorderly conduct:
(1)
engages in fighting, or in violent, tumultuous, or threatening behavior;
(2)
makes loud or disturbing noise after 10:00 p.m. unless in connection with
a function previously authorized by the Chitimacha Tribal Council;
(3)
in a public place, uses abusive or obscene language, or makes an obscene
gesture;
(4)
obstructs vehicular or pedestrian traffic, or the use of a public facility;
(5)
persistently follows another person in or about a public place or places;
(6)
solicits sexual activity, as defined in Section 306, while loitering in a
public place;
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(7)
creates a hazardous, physically offensive, or seriously alarming condition
by an act which serves no legitimate purpose;
(b)
(8)
appears in an intoxicated condition; or
(9)
interrupts any lawful assembly of people.
Penalty.
A person who commits disorderly conduct is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 522-A.
Possession and/or Consumption
Park/Recreational Areas Prohibited.
of
Alcohol
in
Designated
(a) Prohibited acts. A person who possesses and/or consumes alcohol within any
designated park/recreational area on the Chitimacha Reservation commits possession and/or
consumption of alcohol in a designated park/recreational area unless:
(1)
specific authorization for same has been obtained in accordance with Title
XIV of this Code; or
(2)
in conjunction with an authorized tribal or community activity.
(b) Penalty. Any person violating a provision of this section shall be issued a citation
for a “Civil Infraction,” for which the procedures contained within Title VII, Chapter 2, shall
apply. An Indian who receives a second or subsequent conviction for possession and/or
consumption of alcohol in a designated part/recreational area is guilty of a Class B Misdemeanor
and, upon conviction, shall be sentenced accordingly.
(Added by Ordinance #3-99; Adopted: October 21, 1999; Effective: October 21, 1999; Revised
by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 523.
Mistreatment of Animals.
(a) Prohibited acts. A person commits mistreatment of animals by:
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(1)
intentionally, recklessly or negligently, unnecessarily or cruelly beating,
mutilating, killing, torturing or abusing any animal, or causing same to be
cruelly beaten, mutilated, killed, tortured or abused; or
(2)
failing to adequately house, feed, water or maintain and care for any
animal or animals that the person owns, keeps, or is responsible for.
(b) Penalty.
(1)
Subjection to Subsection (b)(2), a person who commits mistreatment of
animals is guilty of a Class A Misdemeanor and, upon conviction, shall be
sentenced accordingly.
(2)
A person who commits mistreatment of animals such that the conduct that
forms the basis of their conviction results in the death of the animal and/or
animals is guilty of a Felony and, upon conviction, shall be sentenced
accordingly.
(Revised by Ordinance #13-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter F. Gambling.
Sec. 524.
Illegal Gambling.
(a) Title XII prohibitions and penalties. The criminal offenses provided for in Title XII
of this Code, including under Title XII, Chapter 4, Section 414, are now incorporated herein and
shall be applied to determine whether a person has committed a criminal offense. A person who
commits a criminal offense under Title XII is guilty of the corresponding penalty prescribed by
Title XII and, upon conviction, shall be sentenced accordingly.
(b) Other prohibited acts. In addition to the offenses provided for under Subsection
(a), a person who does any of the following acts commits illegal gambling:
(1)
conducts a wagering pool or lottery for his or her own profit;
(2)
receives wagers for or on behalf of another person for his or her own
profit;
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(3)
alone or with others, owns, controls, manages, or finances a gambling
business;
(4)
knowingly leases or otherwise permits a place to be regularly used to carry
on a gambling business;
(5)
maintains a coin-operated gaming device for his or her own profit;
(6)
is under the age of twenty-one (21) and:
(i)
plays casino games, gaming devices, or slot machines; or
(ii)
enters any other designated gaming area licensed or operated under
the laws of the Chitimacha Tribe of Louisiana or the laws of the
State of Louisiana;
(c) Penalty.
A person who commits illegal gambling is guilty of a Class A
Misdemeanor and, upon conviction, may be sentenced accordingly.
(d) Exclusions. Illegal gambling does not include:
(1)
lawful contests of speed, strength, or endurance in which awards are made
only to entrants or to the owners of entrants;
(2)
lawful business transactions; or
(3)
activities authorized by Title XII of this Code.
(Revised by Ordinance #2-96; Adopted: August 15, 1996; Effective: August 15, 1996; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter G. Exploitation of Children.
Sec. 525.
Contributing to the Delinquency of a Minor.
A person, including a parent or other person with lawful custody of a minor, who
intentionally, negligently, or recklessly causes, encourages, contributes to or aids a minor in
committing a delinquent act or status offense, is guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 526.
Failure to Support a Dependent Person.
A person who knowingly fails to provide support he or she is legally obligated to provide
to his or her child born in or out of wedlock or to another dependent is guilty of a Class B
Misdemeanor and, upon conviction, shall be sentenced accordingly. A person who receives a
second or subsequent conviction for violating this Section is guilty of a Class A Misdemeanor
and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 527.
(a)
Failure to Send a Child to School.
Child defined. For the purpose of this Section, a child is a person under the age
of sixteen (16) years of age.
(b)
Prohibited acts. A person who, without justification or excuse, fails to send a
child under his or her care to school commits failure to send a child to school.
(c) Penalty. A person who commits failure to send a child to school is guilty of a Class
B Misdemeanor and, upon conviction, shall be sentenced accordingly. A person who receives a
second or subsequent conviction for failure to send a child to school is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 528.
Unlawful Possession of Intoxicating Beverages by Minors.
A person under the age at which persons are permitted by the law of Louisiana to possess
intoxicating beverages who purchases or has in his or her possession any intoxicating beverage is
guilty of a Class B Misdemeanor and, upon conviction, shall be sentenced accordingly. In
addition to the penalty prescribed for such an offense, all alcoholic beverages possessed in
violation of this Section will be forfeited to the Chitimacha Tribe of Louisiana, and disposed of
in accordance with the order of the Court.
(Revised by Ordinance #01-15; Adopted: February 5, 2015; Effective: February 5, 2015; Revised
by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 529.
Unlawful Sale of Intoxicating Beverages to Minors.
A person who knowingly sells or barters to any person who is under the age at which
persons are permitted by the law of Louisiana to possess intoxicating beverages any intoxicating
liquors or alcoholic beverages is guilty of a Class B Misdemeanor and, upon conviction, shall be
sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 530.
Unlawful Sale of Tobacco to Minors and Unlawful Possession of
Tobacco by Minors.
(a)
A person who knowingly sells or barters any tobacco product, alternative nicotine
products, or vapor product, as those terms are defined by Louisiana law and include dip, chew,
cigarettes, cigars, non-combustible products containing nicotine, tobacco oil, tobacco vapor, and
e-cigarettes, to any person who is under the age at which persons are permitted by the law of
Louisiana to possess tobacco products, is guilty of a Class B Misdemeanor and, upon conviction,
shall be sentenced accordingly.
(b)
A person who is not, due to their age, permitted by the laws of Louisiana to
possess a tobacco product, alternative nicotine product, or vapor product, as those terms are
defined by Louisiana and include dip, chew, cigarettes, cigars, non-combustible products
containing nicotine, tobacco oil, tobacco vapor, and e-cigarettes, and who possesses any such
product, is guilty of a Class B Misdemeanor and, upon conviction, shall be sentenced
accordingly, unless said person possesses the tobacco product under any of the following
circumstances:
(1)
When the person is under the age of eighteen (18) and is accompanied by
a parent, spouse, or legal guardian who is twenty-one (21 years of age or
older;
(2)
In private residences; or
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(3)
When the tobacco product is handled during the course and scope of the
person’s employment and required in the performance of the person’s
duties.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 531.
(a)
Unlawful Possession or Consumption of Alcohol on School Property.
Definitions.
For the purposes of this Section, "school property" means all
property or buildings used for elementary and secondary school purposes, including but not
limited to school playgrounds.
(b)
Prohibited acts. A person who intentionally possesses or consumes an alcoholic
beverage on school property commits unlawful possession or consumption of alcohol on school
property.
(c)
Penalty. A person who commits unlawful possession or consumption of alcohol
on school property is guilty of a Class B Misdemeanor and, upon conviction, shall be sentenced
accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 532.
Child Abuse.
Any person who abuses a child as defined in Title V, Section 103(f) of this Code is guilty
of a Felony, except where the abuse involved any form of sexual activity or contact, as defined in
Section 306, in which case the offender is guilty of an Enhanced Felony and, upon conviction,
shall be sentenced accordingly.
(Added by Ordinance #2-96; Adopted: August 15, 1996; Effective: August 15, 1996; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 533.
Abandonment of a Child.
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Any person having the responsibility for the care and welfare of a child under eighteen
(18) years of age who abandons that child as defined in Title V, Section 103(a) of this Code is
guilty of a Felony and, upon conviction, shall be sentenced accordingly.
(Added by Ordinance #2-96; Adopted: August 15, 1996; Effective: August 15, 1996; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 534.
Neglect of a Child.
Any person having the responsibility for the care and welfare of a child under eighteen
(18) years of age who neglects that child as defined in Title V, Section 103(h) of this Code is
guilty of a Class A Misdemeanor and, upon conviction, shall be sentenced accordingly. A
person who receives a second or subsequent conviction for violation of this Section is guilty of a
Felony and, upon conviction, shall be sentenced accordingly.
(Added by Ordinance #2-96; Adopted: August 15, 1996; Effective: August 15, 1996; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 535.
Cruelty to Juveniles.
Any person, irrespective of that person’s relationship with the juvenile, who commits an
offense in violation of Sections 531 to 533 that causes serious bodily harm or serious
neurological impairment to the victim shall be guilty of a Felony and, upon conviction, shall be
sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 536.
Juvenile Sexting.
(a) Definitions. For the purposes of this Section, the following definitions shall apply:
(4)
“Indecent visual depiction” means any photograph, videotape, film, or
other reproduction of a person under the age of seventeen (17) years
engaging in sexually explicit conduct, and includes data stored on any
computer, telecommunication device, or other electronic storage media
which is capable of conversion into a visual image.
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(5)
“Sexually explicit conduct” means masturbation or lewd exhibition of the
genitals, pubic hair, anus, vulva, or female breast nipples of a person under
the age of seventeen (17) years.
(6)
“Telecommunication device” means an analog or digital electronic device
which processes data, telephonic, video, or sound transmission as part of
any system involved in the sending or receiving of voice, sound, data, or
video transmissions.
(7)
“Transmit” means to give, distribute, transfer, transmute, circulate, or
disseminate by use of a computer or telecommunication device.
(b) Prohibited acts. It shall be unlawful for a person under the age of seventeen (17) to:
(1)
Knowingly use a computer or telecommunications device to transmit an
indecent visual depiction of himself or herself to another person;
(2)
Knowingly possess or transmit an indecent visual depiction that was
transmitted by another under the age of seventeen (17) years in violation
of paragraph (a)(1) of this Section.
(c) Penalty. A person who commits juvenile sexting is guilty of a Class B penalty and,
upon conviction, shall be sentenced accordingly. A person who receives a second or subsequent
conviction for the act of juvenile sexting is guilty of a Class A Misdemeanor and, upon
conviction, shall be sentenced accordingly.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter H. Curfew Violations.
Sec. 537.
Failure to Enforce Curfew.
Any parent, guardian or other person having custody of a child who permits such child to
violate any of the provisions of the curfew established by Title V, Section 701 of this Code is
guilty of a Class B Misdemeanor and, upon conviction, shall be sentenced accordingly. A person
who receives a second or subsequent conviction for violating this Section is guilty of a Class A
Misdemeanor and, upon conviction, shall be sentenced accordingly.
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(Added by Ordinance #2-96; Adopted: August 15, 1996; Effective: August 15, 1996; Revised by
Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 538.
Nonresidents Curfew.
(a) Prohibited acts. Any nonresident of the Chitimacha Reservation who walks, runs,
rides a bicycle, or loiters upon any street, highway, road, alley, or vacant premises on the
Chitimacha Reservation between the hours of 10:15 p.m. and 5:00 a.m. of the following day
commits a curfew violation.
(b) Penalty. Any person violating a provision of this section shall be issued a citation for
a “Civil Infraction”, for which the procedures contained within Title VII, Chapter 2, shall apply.
An Indian who receives a second or subsequent conviction for committing a curfew violation is
guilty of a Class B Misdemeanor and, upon conviction, shall be sentenced accordingly.
(Revised by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter I. Driving While Under the Influence.
Sec. 539.
Driving While Under the Influence of Intoxicating Liquors or Drugs.
Title VII, Chapter 6, Sections 642 to 651 are incorporated herein and shall be applied to
determine whether a person commits the offenses and must be sentenced to each offense’s
correlating penalties prescribed therein.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
CHAPTER 6. DOMESTIC VIOLENCE
Subchapter A. General Provisions.
Sec. 601.
Purpose.
The purpose of this Chapter is to recognize domestic violence as severe crimes against
society, the Chitimacha Tribe of Louisiana, and the family, and to assure the victim of domestic
violence the maximum protections from further abuse that the law, and those who enforce it, can
provide. It is the intent of the Chitimacha Tribal Council that the official response to domestic
violence is to enforce the law to protect the victim and to hold the offender accountable, which
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communicates the Chitimacha Tribe of Louisiana’s policy that violent behavior against intimate
partners is not excused or tolerated. Rather, the Chitimacha Tribal Council values and seeks to
nurture nonviolence and respect within families. This Chapter shall be interpreted and applied to
give it the broadest possible scope to give effect to its purpose.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 602.
General Jurisdiction.
The Tribe’s jurisdiction shall be exercised pursuant to Titles I and III of the Code, which
includes full civil regulatory and adjudicatory jurisdiction, as recognized and affirmed in 18
U.S.C. § 2265 and 25 U.S.C. § 1304, to issue and enforce civil protection orders involving any
person, including the violation of such orders alleged to have occurred outside the boundaries of
the Chitimacha Reservation where such orders are entitled to recognition outside the Chitimacha
Reservation as a matter of full faith and credit.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 603.
Severability.
If any part, or parts, or the application of any part of this Chapter is held invalid, such
holding shall not affect the validity of the remaining parts of this Chapter.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 604.
Non-waiver of Sovereign Immunity.
Nothing in this Chapter shall be deemed to constitute a waiver of the Chitimacha Tribe of
Louisiana’s inherent sovereign authority and correlating immunity from suit.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 605.
Savings.
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This Chapter takes effect on the date approved by the Chitimacha Tribal Council and
does not extinguish or modify any civil or criminal liability or enforcement of such penalty or
forfeiture that existed on or prior to the effective date of this chapter and such law shall be
treated as still remaining in force for the purpose of sustaining any proper action or prosecution
for the enforcement of such civil or criminal action, enforcement of any penalty therefrom,
forfeiture, or liability.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 605A.
Liberal Construction.
The provisions of this Code shall be liberally construed in order to further the purpose stated in
Section 602.
(Added by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 606.
Definitions.
For the purposes of this Chapter, the following definitions shall apply:
(a)
“Bodily injury” means any act, except one done in self-defense, that results in
physical injury or sexual abuse.
(b)
“Emergency” means a condition or circumstance in which any individual is, or
reasonably believes themselves to be, in imminent danger of domestic violence or in which
property is or is reasonably believed by the individual to be, in imminent danger of damage or
destruction.
(c)
“Domestic violence” means engaging in any of the following acts against a
Spouse, Intimate partner, family member, or a member of the household:
(1)
Attempting to cause or causing physical harm, including, without
limitation, by the commission of any of the Crimes Against Persons
enumerated in Chapter 3 of this Code, or any other crime of violence as
defined by 18 U.S.C. § 16;
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(2)
Attempting to cause or causing property damage or injury to a pet,
including, without limitation, by the commission of any of the Crimes
Against Private Property enumerated in Chapter 4 of this Code;
(3)
Placing a spouse, intimate partner, family member, or a member of the
household in reasonable fear of physical harm to himself or herself.
Reasonable fear may be produced by any behavior which induces fear in
the victim, including harassment, stalking, criminal trespass or destruction
of property, controlling the victim’s conduct by threat of force, or physical
harm or threat of harm to members of the victim’s family, household, or
pets, and including through the commission of any crime enumerated in
this Code;
(4)
Preventing a victim from accessing victim or social services; and/or
(5)
All crimes involving threats, violence, assault, physical or sexual abuse
and/or property crimes and those crimes listed under the Major Crimes
Act, 18 U.S.C. § 1153 may be charged as domestic violence when
committed against persons enumerated in this section, or for purposes of
STCJ, when committed against a Spouse or Intimate partner.
(d) “Domestic violence services” means the Chitimacha Human Services Department or
any other entity that either:
(1)
provides housing, counseling, advocacy, or other similar services to a
victim and his or her dependents; or
(2)
refers a victim to other sources that provides housing, counseling,
advocacy, or other similar services to victims of domestic violence and his
or her dependents.
(e) “Law enforcement officer” means any person employed or commissioned as a
police officer or law enforcement officer by a government entity or law enforcement agency with
the authority to make arrests on the Chitimacha Reservation.
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(f) “No contact order” means an order made in conjunction with, or included within,
bond or bail conditions for an individual charged with an offense under this Chapter that either
prohibits or restricts such an individual’s contact with the protected party named in the order.
(g) “Spouse” or “Intimate partner” means a current or former spouse; persons who are
or have been in a marital-like relationship; persons who have a child in common, regardless of
whether they have been married or have lived together at any time, including where the victim or
defendant is pregnant by the other; a person who is or has been in a social relationship of a
dating, romantic, or intimate nature, as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the persons involved in the relationship; a
person similarly situated to a spouse under the Tribe’s laws; and, for the purposes of the issuance
of a protection order, any other person with a sufficient relationship to the person committing
domestic violence as determined by the court under Section 626. A person’s sex, gender, or
sexual orientation shall not be relied upon to determine whether a person is a spouse or intimate
partner.
(h) “Protection order” means a temporary or permanent court order related to domestic
violence, harassment, and/or sexual abuse, issued for the purpose of preventing violent or
threatening acts or harassment against, or contact or communication with, or physical proximity
to another person. Protective order includes any temporary or final order issued in the civil or
criminal context, whether obtained by filing an independent action or as an order awaiting
further litigation in another proceeding, provided the order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking protection.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #01-18; Adopted: March 1, 2018; Effective: March 1, 2018; Revised by Ordinance
#04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Subchapter B. Criminal Actions and Penalties.
Sec. 607.
Domestic Violence.
(a) Prohibited acts. A person who does any act of domestic violence commits the crime
of domestic violence.
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(b) Penalty.
(1)
A person who inflicts bodily injury through an act of domestic violence is
guilty of an Enhanced Felony and, upon conviction, shall be sentenced
accordingly without the benefit of parole, probation, or suspended
sentences.
(2)
A person who commits domestic violence as defined by Subsections 606
(c)(2)–(4) is guilty of a Class A Misdemeanor and, upon conviction,
shall be sentenced accordingly.
(3)
A person who receives a second conviction for committing domestic
violence as defined by Subsections 606 (c)(2)–(4) is guilty of a Felony
and, upon conviction, shall be sentenced accordingly.
(4)
A person who receives a third or subsequent conviction for committing
domestic violence as Subsections 606 (c)(2)–(4) is guilty of an
Enhanced Felony and, upon conviction, shall be sentenced accordingly
without the benefit of parole, probation, or suspended sentences.
(5)
Additional penalties. The Chitimacha Tribal Court may require a person
convicted of domestic violence, regardless of how many prior convictions
the person has under this Chapter, to pay for and complete a counseling
assessment with a focus on violence, controlling behavior, chemical
dependency, and any other subject the Chitimacha Tribal Court deems
appropriate.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 608.
(a)
Violation of No Contact Order.
Prohibited acts. A person who knowingly violates a no contact order commits
violation of a no contact order.
(b) Penalty.
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(1)
First offense. A person who commits violation of a no contact order is
guilty of a Class A Misdemeanor and, upon a first conviction, shall be
sentenced accordingly.
(2)
Second or subsequent offense. A person who receives a second or
subsequent conviction for committing violation of a no contact order is
guilty of a Felony and, upon conviction, shall be sentenced accordingly.
(c) Consent is not a defense. A victim’s consent is not a defense to prosecution under
this Section.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #01-18; Adopted: March 1, 2018; Effective: March 1, 2018)
Sec. 609.
(a)
Violation of a Protection Order.
Prohibited acts. A person who knowingly violates any protection order commits
violation of a protection order.
(b) Penalty.
(1)
First offense. A person who commits violation of a protection
guilty of a Class A Misdemeanor and, upon conviction, shall
be
order
is
sentenced
accordingly.
(2)
Second or subsequent offense. A person who receives a second or
subsequent conviction for committing violation of a
protection
order
is
guilty of a Felony and, upon conviction, shall be sentenced accordingly.
(c)
Consent is not a defense. The victim’s consent is not a defense to prosecution
under this Section.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Subchapter C. Powers and Duties of Law Enforcement.
Sec. 610.
Duties to Victims.
A law enforcement officer who responds to an allegation of domestic violence shall use
all reasonable means to protect the victim and any family or household member, and prevent
further violence, including, but not limited to:
(a)
Taking necessary actions to provide for the safety of the victim and any family
members or witnesses, including arresting the alleged offender or dominant aggressor;
(b)
Transporting or obtaining transportation for the victim and any child to a place of
(c)
Assisting the victim in removing essential personal effects, at the victim’s request;
(d)
Assisting the victim and any child in obtaining medical treatment, including
safety;
obtaining transportation to a medical facility;
(e)
When a law enforcement officer responds to a domestic violence call, the officer
shall advise victims of all reasonable means to prevent further abuse, including advising each
person of the services provided by Domestic Violence Services and/or any other entity that
provides services to victims of domestic violence, and give each person immediate notice of the
legal rights and remedies available.
(f)
Confiscating any weapon as provided within this Chapter; and/or
(g)
Providing assistance in obtaining a temporary protection order or emergency no
contact order.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 611.
(a)
Protecting Evidence.
All law enforcement officers who investigate an allegation of domestic violence,
whether or not an arrest is made, shall make a detailed written report of the alleged abuse and
submit it to the prosecutor as soon as practicably possible.
(b)
All law enforcement officers who respond to an allegation of a crime involving
domestic violence shall take reasonable steps to collect and record sufficient evidence to enable
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the prosecutor to secure a conviction of the offender without the testimony of any victim.
Reasonable steps include:
(1)
Photographing injuries to any victim, any damage to property, the
location, and surroundings of the alleged incident;
(2)
Describing both the physical and emotional condition of the victim in
detail;
(3)
Noting the identity of the witnesses to the incident and determining what
they observed;
(4)
Identifying all persons present at the location at the time of the incident,
including children, whether or not they witnessed the incident;
(5)
Recording any oral comments;
(6)
Gather a history of the relationship between the offender and a victim and
the duration of that relationship;
(7)
Describing the scene of the alleged crime on first contact and other
physical evidence; and
(8)
Gathering statements and interviewing responding medical personnel or
following up with medical personnel if the victim is transported to a
facility for medical treatment.
(c) A law enforcement officer who responds to an allegation of domestic violence shall:
(1)
encourage any victim to make an oral and written statement concerning
the incident; and
(2)
ensure that the victim is made aware of the importance of preserving
evidence of the incident.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 612.
(a)
Mandatory Arrest.
A law enforcement officer shall, without unnecessary delay, arrest and charge a
person with the appropriate crime if the officer has probable cause to believe that the person has
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committed or is committing the offense of domestic violence, even if a warrant has not been
issued and the offense was committed outside the presence of the officer.
(b)
The law enforcement officer shall make an arrest upon probable cause regardless
of the express wishes of the victim, but those wishes should be noted in the officer’s report.
(c)
If a law enforcement officer receives a complaint alleging a crime involving
domestic violence from two or more persons, the officer shall evaluate each person’s account
separately to determine who was more likely to have been the predominant physical aggressor.
In determining whether a person is the predominant physical aggressor, the officer shall not rely
on who hit who first, nor shall the officer rely on the relative intoxication of either person, but
shall consider all relevant factors underlying the incident, including:
(1)
Prior complaints of domestic violence;
(2)
The relative severity of the injuries inflicted on each person, or serious
threats creating reasonable fear of bodily injury;
(d)
(3)
The likelihood of future injury to each person;
(4)
Witness accounts, if any; and
(5)
Whether one of the persons acted in self-defense.
If the law enforcement officer determines that one person was the predominant
aggressor, the officer need not arrest the other person alleged to have committed an offense.
(e)
A law enforcement officer who does not make an arrest, or who arrests two (2) or
more persons after investigating an alleged crime involving domestic violence, must include in
the police report a detailed explanation of why the officer did not make an arrest or arrested two
(2) or more parties.
(f)
Persons arrested shall be held in custody pending arraignment.
(g)
A law enforcement officer shall not threaten, suggest, or otherwise indicate the
possible arrest of all parties to discourage requests for intervention by law enforcement by any
party.
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(h)
A law enforcement officer shall not consider the use or abuse of alcohol or
controlled substance by either party in making a determination as to whether the crime of
domestic violence has been committed.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 613.
(c)
Emergency Criminal No Contact Order.
A law enforcement officer shall have the authority to request from the Chitimacha
Tribal Court an emergency criminal no contact order prohibiting contact with the victim,
including third party contact, on a form approved by the Chitimacha Tribal Court, if the officer
has probable cause to believe that an emergency exists with respect to a crime involving
domestic violence that has occurred or is imminent. The law enforcement officer and the Tribal
Court shall use one of the following methods:
(1)
During a judicial day, the officer shall:
(i) at the time of booking, call from the jail the Tribal Court judge or a
judicial officer designated by the Tribal Court judge to receive
such reports and provide the judge with enough information for a
finding of probable cause. If a finding of probable cause is made,
the officer shall then sign the order on the judge’s behalf and serve
it on the defendant; or
(ii)
once the arrest has been made, call from the scene the Tribal Court
or a judicial officer designated by the Tribal Court judge to receive
such reports and follow the same procedures prescribed in
Subsection (a)(1)(i), providing the victim with a copy of the order
at the scene if possible.
(2)
During nights and weekends, the officer shall:
(i)
Call from jail at the time of booking a judicial officer designated
by the Tribal Court judge to receive such reports and provide the
Judicial Officer with enough information for a finding of probable
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cause. If a finding of probable cause is made, the officer shall then
sign the order on the Tribal Court judge’s behalf and serve it on the
defendant;
(ii)
Call from the scene once the arrest is made a judicial officer
designated by the Chitimacha Tribal Court to receive such reports
and follow the same procedures prescribed in Subsection (a)(2)(i);
or
(iii)
If there is no designated Judicial Officer available, from the jail at
the time of booking commit to writing and transmit to the
Chitimacha Tribal Court, electronically or otherwise, enough
information for a finding of probable cause. The writing must be
time-stamped. If a finding of probable cause is made, the officer
shall then sign the order on the judge’s behalf, time-stamp the
order, and serve it on the defendant.
(iv)
An emergency criminal no contact order shall be effective until the
defendant’s arraignment or as vacated or amended by a Chitimacha
Tribal Court order.
(v)
Upon issuance of such an order, the officer shall serve a copy on
the offender and file the order with the Chitimacha Tribal Court by
noon on the next judicial day. The officer shall also provide a copy
of the order to the victim.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 614.
Mandatory Arrest for Violations of Domestic Violence Protection
Orders or No Contact Orders.
If a law enforcement officer has probable cause to believe that a person has violated a
valid domestic violence protection order or no contact order, whether deemed civil or criminal,
or whether issued by the Chitimacha Tribal Court or another jurisdiction, the officer shall,
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without a warrant, arrest the alleged violator. The alleged violator shall be held without bail
pending arraignment, at which time bail and conditions of release shall be established.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 615.
Authority to Seize and Hold Weapons.
Incident to arrest for a crime involving domestic violence, a law enforcement officer shall
seize all weapons that are alleged to have been involved or were threatened to be used in the
commission of the crime, weapons that are in plain view of the officer, or weapons that are
discovered pursuant to a consensual search, an officer safety pat-down, or a search incident to
arrest as necessary for the protection of the officer or other persons. Weapons seized under this
Section shall be held until judgment in the case is entered, at which time the weapon shall be
disposed of as ordered by the Chitimacha Tribal Court.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 616.
Violations of Conditions of Release.
If a law enforcement officer has probable cause to believe that a person has violated a
condition of release from arrest or judgment in a domestic violence case, the officer shall,
without a warrant, arrest the alleged perpetrator. The alleged violator shall be held without bail
pending arraignment, at which time bail and conditions of release shall be established.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 617.
Duty to Expedite Service of Protection Orders.
The Chitimacha Tribal Police Department shall serve orders of protection on an
expedited basis, attempt to complete service within forty-eight (48) hours, and provide a
declaration of such service to the Chitimacha Tribal Court by the next judicial day after which
the order of protection is served.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Sec. 618.
(a)
Law Enforcement Records on Domestic Violence.
The Chitimacha Tribal Police Department shall maintain written records of
arrests, incident reports, and initial contacts related to domestic violence in such a manner as to
allow efficient tracking and identification of the records. However, the Chitimacha Tribal Police
Department is not required to provide records of police contacts alleging incidents of domestic
violence or related offenses to an alleged perpetrator. Such records may be obtained by
Chitimacha Tribal Court order after notice to the prosecutor and a hearing.
In ordering
disclosure, the Chitimacha Tribal Court may order that the victim’s identity and location be
redacted, and make other orders as necessary to protect the confidentiality and/or identity of a
victim, victim’s dependents, victim’s immediate family, and/or any information regarding a
witness.
(b)
In addition, the Chitimacha Tribal Police Department shall enter and maintain the
records required by La. RS 15:1229.1, such that victims and their family may initiate and receive
the latest status report on an offender’s case through the Louisiana Automated Victim
Notification System, provided that the Louisiana Automated Victim Notification System, as
established by La. RS 15:1229, or a functional equivalent, is operating.
If the Louisiana
Automated Victim Notification System is not operating, the Tribe’s law enforcement shall
maintain the records necessary to ensure the victim’s rights provided under Section 629.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 619.
Liability of Law Enforcement Officers.
A law enforcement officer or his or her legal adviser shall not be held liable in any civil
action for an arrest based on probable cause, enforcement in good faith of any Chitimacha Tribal
Court order, or any other action or omission made in good faith under this Chapter arising from
an incident of alleged domestic violence or violations of one of the named criminal or civil
protection orders identified within this Chapter.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
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Subchapter D. Tribal Court Procedures, Powers, and Duties.
Sec. 620.
(a)
Pre-trial and Release Conditions.
72-hour mandatory hold. No person charged with a crime of domestic violence
or violation of a protection order shall be released from detention until after the expiration of
seventy-two (72) hours from arrest, notwithstanding the ability to post a cash or surety bond.
(b)
Arraignment. Any person charged with a crime of domestic violence shall be
arraigned within seventy-two (72) hours of their arrest, at which time the Chitimacha Tribal
Court shall establish bail and conditions of release.
(c)
Release conditions. The Chitimacha Tribal Court shall consider the following
factors when setting bail:
(1)
Whether the person has been charged with a crime of violence and the
person has been recently convicted of another crime of violence, or the
person has committed this offense while on probation or other release for
another crime of violence;
(2)
Whether the person has been charged with obstructing justice by having
threatened, injured, or intimidated a judge, witness, or juror, or has
attempted such threat, injury or intimidation;
(3)
Whether there is a strong likelihood of flight to escape trial. This requires
a documented history of such flight, or evidence or circumstances
indicating that such flight is potential; and/or
(4)
Whether the person represents a danger to the community. This requires
a pattern of behavior evidenced by past and present conduct and no
conditions for release are available which would reasonably assure the
safety of the community.
(d)
Notice when conditions of released are imposed. If conditions of release are
imposed, the Chitimacha Tribal Court shall:
(1)
Issue a written order for conditional release;
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
Title III
Page 81
(2)
Immediately distribute a copy of the order to the prosecutor’s office, the
appropriate law enforcement agency, and the defendant; and
(3)
Provide the law enforcement agency with any available information about
the location of the offender as is required to protect the safety of the
victim.
(e)
Bail modification. Nothing in this Section precludes a defendant from moving
the Chitimacha Tribal Court to modify bail and/or conditions of release.
(f)
No contact order. When any person is arrested for or charged with a crime of
domestic violence, the Chitimacha Tribal Court may issue a no contact order prohibiting the
defendant from having any contact with the victim or the victim’s dependents or immediate
family members. Such an order shall be entered at the first opportunity with no additional
hearing required, subject to the following requirements:
(1)
The protected party that is the subject of a no contact order shall be
provided with a certified copy of the order.
(2)
In issuing a no contact order, the Chitimacha Tribal Court shall consider
whether the defendant should forfeit his or her firearms.
(3)
The Chitimacha Tribal Court shall not vacate a no contact order issued
under this Section without notice to the prosecutor, the victim, and a
hearing requested by either the prosecutor or the victim.
(h)
Special Tribal Criminal Jurisdiction.
When exercising its Special Tribal
Criminal Jurisdiction over a non-Indian defendant as defined in Section 115 of Chapter 1, the
Court shall abide by the provisions in Sections 901 (Rights and Procedural Requirements) and
902 (Determination of Jurisdiction) of Chapter 9 of Title II of this Code.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017; Revised
by Ordinance #04-23; Adopted: November 2, 2023; Effective: November 2, 2023)
Sec. 621.
Mediation and Alternative Justice Prohibited.
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
Title III
Page 82
The Chitimacha Tribal Court shall not order parties into mediation or any type of
alternative justice or dispute resolution process or program that would put the victim in the
position of dealing directly or negotiating with the offender to resolve any issues related to a civil
or criminal case that involves an act of domestic violence, even if the victim has the right to
decline to participate.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 622.
Clerk of Court Record Maintenance.
The Clerk of Court shall enter and maintain the records required by La. R.S. 15:1229.1,
such that victims and their family may initiate and receive the latest status report on an
offender’s case through the Louisiana Automated Victim Notification System, provided that the
Louisiana Automated Victim Notification System, as established by La. R.S. 15:1229, or a
functional equivalent, is operating. If the Louisiana Automated Victim Notification System is
not operating, the Clerk of Court shall maintain the records necessary to ensure the victim’s
rights provided under Section 628.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Subchapter E. Duties of the Prosecutor.
Sec. 623.
Domestic Violence Identified in Charging Document.
The Tribe’s prosecutor shall denote in the charging document that the defendant is being
accused of a crime of domestic violence, violation of a no contact order, and/or violation of a
protection order.
(Added by Ordinance #03-17; Adopted: January 12, 2017; Effective: February 1, 2017)
Sec. 624.
(a)
Duties of the Tribe to the Victim.
The Tribe’s prosecutor must adhere to the following guidelines when prosecuting
cases of domestic violence, the violation of a no contact order, or the violation of a protection
order:
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990
Title III
Page 83
(1)
The prosecutor should seek to ensure that the employment, economic,
educational, physical and/or mental health and political status of the
alleged offender and victim will not factor into the determinations
regarding domestic violence crimes;
(2)
The prosecutor should seek to respectfully dissuade victims from
withdrawing charges;
(3)
The prosecutor should seek to utilize advocates during every phase of
criminal justice proceedings, provided that such advocates are available;
(4)
The prosecutor shall not dismiss a domestic violence case without prior
consultation and review with the law enforcement officer involved in the
case, and the extent that either is involved in the case, the advocate and/or
a representative of Domestic Violence Services;
(5)
The prosecutor shall enter and maintain the records required by La. R.S.
15:1229.1, such that victims and their family may initiate and receive the
latest status report on an offender’s case through the Louisiana Automated
Victim Notification System, provided that the Louisiana Automated
Victim Notification System, as established by La. R.S. 15:1229, or a
functional equivalent, is operating. If the Louisiana Automated Victim
Notification System is not operating, the prosecutor shall maintain the
records necessary to ensure the victim’s rights under Section 625.
(6)
If the alleged victim has cooperated with the prosecution and provided
current contact information to the prosecutor, the prosecutor shall notify
the alleged victim when the prosecutor declines to prosecute a case, or
when the prosecutor dismisses the criminal charges, or when the
prosecutor enters into a plea agreement;
(7)
The prosecutor will expedite proceedings with a minimum of continuances
and shall consider the present residency of the victim as it relates to
Chitimacha Comprehensive Codes of Justice
Adopted: De
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