# TITLE III - CRIMINAL OFFENSE CODE > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3Adaa67b3a67cc3a45 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 Title III Page 1 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 2 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 3 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 4 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 Title III Page 5 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 6 (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 Title III Page 7 (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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 8 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 9 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 10 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 11 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 12 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 13 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 14 (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: Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 15 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 16 (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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 17 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 18 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 19 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 20 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 21 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 22 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 23 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 24 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 25 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 26 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 27 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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 28 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 29 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, Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 30 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, Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 31 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; Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 32 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 33 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 34 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 35 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 36 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 37 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 38 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 40 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 41 (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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 42 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 43 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 44 (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. § Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 45 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 46 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 47 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 48 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 49 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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 50 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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 51 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 52 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 53 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 54 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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 55 (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. Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 56 (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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 57 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; Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 58 (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: Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 59 (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; Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 60 (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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 61 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) Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 62 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 Chitimacha Comprehensive Codes of Justice Adopted: December 5, 1989; Effective: August 14, 1990 Title III Page 63 (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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3Adaa67b3a67cc3a45. Public record. Not legal advice.