Tribal Code - The Choctaw Nation of Oklahoma; Tribal Law Gateway

Tribal Code - The Choctaw Nation of Oklahoma; Tribal Law Gateway, National Indian Law Library; Native American Rights Fund

Tribal Law Gateway | The Choctaw Nation of Oklahoma | Tribal Code

The Choctaw Nation of Oklahoma - Tribal Code

Table of Contents Updated: October 2018

The tribe makes their code available online. The link below will take you to the version of the code available on the tribe's website .

Tribal Codes

Table of Contents

Choctaw Nation Traffic Code:

Chapter 1. Definition of Words and Phrases

Section 1-101. Definition of Words and Phrases

Section 1-101.1. Ancient Vehicle

Section 1-102. Arterial Street

Section 1-103. Authorized Emergency Vehicles—Equipment

Section 1-103.1. Automobile

Section 1-104. Bicycle, Electric-Assisted Bicycle, and Motorized Bicycle

Section 1-105. Bus

Section 1-105.1. Church Bus

Section 1-106. Business District

Section 1-107. Reserved

Section 1-107.1. Class A Commercial Motor Vehicle

Section 1-107.2. Class B Commercial Motor Vehicle

Section 1-107.3. Class C Commercial Motor Vehicle

Section 1-107.4. Class D Motor Vehicle

Section 1-108. Commercial Operator or Driver

Section 1-109. Executive Director

Section 1-110. Controlled-Access Highway

Section 1-111. Crosswalk

Section 1-112. Reserved

Section 1-113. Department

Section 1-114. Driver

Section 1-114A. Electric Personal Assistive Mobility Device

Section 1-115. Reserved

Section 1-116. Established Place of Business

Section 1-117. Explosives

Section 1-118. Farm Tractor

Section 1-119. Flammable Substance

Section 1-120. Reserved

Section 1-120.1. Gross Combination Weight Rating (GCWR

Section 1-121. Gross Vehicle Weight Rating (GVWR)

Section 1-122. Highway

Section 1-123. Manufactured Home

Section 1-124. Reserved

Section 1-125. Implement of Husbandry

Section 1-126. Intersection

Section 1-127. Reserved

Section 1-128. License to Operate a Motor Vehicle

Section 1-129. Lienholder

Section 1-130. Reserved

Section 1-131. Mail

Section 1-132. Manufacturer

Section 1-133. Metal Tire

Section 1-133.1. Reserved

Section 1-133.2. Moped

Section 1-133.3. Motorized Scooter

Section 1-134. Motor Vehicle

Section 1-134.1. Low-Speed Electrical Vehicle

Section 1-135. Motorcycle

Section 1-136. Motor-driven Cycle

Section 1-136.1. Reserved

Section 1-136.2. Reserved

Section 1-136.3. Motorized Wheelchair

Section 1-137. Reserved

Section 1-138. Reserved

Section 1-139. Official Traffic control Devices

Section 1-140. Operator or driver

Section 1-140.1. “Other Intoxicating Substance” Defined

Section 1-141. Owner

Section 1-142. Park, Parking and Public Parking Lot

Section 1-143. Pedestrian

Section 1-144. Person

Section 1-145. Pneumatic Tire

Section 1-151. Railroad Train

Section 1-152. Reserved

Section 1-152.1 Recreational Vehicle

Section 1-153. Registration

Section 1-154. Residence District

Section 1-155. Revocation of Driving Privilege

Section 1-156. Right of Way

Section 1-157. Reserved

Section 1-158. Roadway and Shoulder

Section 1-159. Safety Zone

Section 1-160. School Bus

Section 1-161. Reserved

Section 1-162. Semitrailer

Section 1-163. Sidewalk

Section 1-164. Solid Tire

Section 1-165. Special Mobilized Machinery

Section 1-166. Reserved

Section 1-167. Stand or Standing

Section 1-168. State

Section 1-169. Stop

Section 1-170. Stop or Stopping

Section 1-171. Street

Section 1-172. Reserved

Section 1-173. Suspension of Driving Privilege

Section 1-173.1. Tank Vehicle

Section 1-174. Taxicab

Section 1-175. Through Highway

Section 1-176. Reserved

Section 1-177. Traffic

Section 1-178. Traffic Control Signal

Section 1-179. Traffic Lane

Section 1-180. Trailer

Section 1-181. Transporter

Section 1-181.1. Travel Trailer

Section 1-182. Truck

Section 1-183. Truck Tractor

Section 1-184. Reserved

Section 1-185. Reserved

Section 1-186. Vehicle

Chapter 2. The Public Safety Department

Section 2-101. Creation of the Public Safety Department and Office of Executive Director of Public Safety—Powers and Authority—Chief Officer—Services for Chief

Section 2-102. Executive Director of Public Safety

Section 2-103. Powers and Duties of the Executive Director

Section 2-104. Police Authority of Department

Section 2-105. Administration of Public Safety Department

Chapter 3. Reserved

Chapter 4. Anti-Theft Laws

Section 4-101. Exceptions from Provisions of this Chapter

Section 4-102. Unauthorized use of Vehicle or Implement of Husbandry

Section 4-103. Unauthorized Receipt, Possession, Concealment, Sale, or Dispossession of Vehicle or Implement of Husbandry

Section 4-104. Damaging or Tampering with Vehicle or Implement of Husbandry

Section 4-105. Stolen, Converted, Recovered and Unclaimed Vehicles

Section 4-106. False Report of Theft or Conversion

Section 4-107. Removed, Falsified or Unauthorized Identification

Section 4-107a. Offenses in Connection with Trim Tag Plates—Exceptions—Penalties—Civil Remedies—Definitions

Section 4-108. False Statements of Material Facts—Punishment

Section 4-109. Altering or Forging Certificate of Title—Punishment

Section 4-110. Offenses in Connection with Certificate of Title

Chapter 5. Reserved

Chapter 6. Driver Licenses

Section 6-101. Driver Must be Licensed

Section 6-102. Persons Exempt

Section 6-103. Exceptions to License Requirements

Section 6-104. License to be Carried and Exhibited on Demand

Section 6-301. Unlawful use of License or Identification Card

Section 6-302. Reserved

Section 6-303. Driving without License or while License is Canceled, Denied, Suspended or Revoked—Penalties

Section 6-304. Permitting Unauthorized Minor to Drive

Section 6-305. Permitting Unauthorized Person to Drive

Section 6-306. Employer’s Permitting Unlicensed or Improperly Licensed Person to Drive

Section 6-307. Liability for Knowingly Permitting the Operation by a Person Not Qualified

Section 6-308. Penalty for Misdemeanor

Chapter 7. Financial Responsibility

Section 7-600. Definitions

Section 7-601. Liability Requirements--Proof of Compliance

Section 7-602. Certification of Existence of Security—Exemptions

Section 7-603. Possession of Security Verification Form while Operating or Using Certain Vehicles

Section 7-604. Failure to Maintain Insurance or Security—Penalties

Section 7-605. Exemptions

Section 7-606. Security Verification Forms—Violations of Law—Penalties

Chapter 8. Reserved

Chapter 9. Reserved

Chapter 10. Accidents and Accident Reports

Section 10-101. Provisions of Chapter Apply Throughout Choctaw Nation of Oklahoma

Section 10-102. Accidents Involving Nonfatal Injury

Section 10-102.1. Accidents Involving Death

Section 10-103. Accidents Involving Damage to Vehicle

Section 10-104. Duty to Give Information and Render Aid—Drug and Alcohol Testing

Section 10-105. Duty upon Striking Unattended Vehicle

Section 10-106. Duty upon Striking Fixtures upon a Highway

Section 10-107. Immediate Notice of Accident

Chapter 11. Rules of the Road

Article 1. Obedience to and Effect of Traffic Laws

Section 11-101. Provisions of Chapter Refer to Vehicles upon the Highways—Exceptions

Section 11-102. Required Obedience to Traffic Laws

Section 11-103. Obedience to Police Officers

Section 11-104. Persons Riding Animals or Driving Animal-Drawn Vehicles

Section 11-105. Persons Working on Highways—Exceptions

Section 11-106. Authorized Emergency Vehicles

Section 11-107. Military Convoys

Article 2. Traffic Signs, Signals and Markings

Section 11-201. Obedience to and Required Traffic control Devices

Section 11-202. Traffic control Signal Legend

Section 11-203. Pedestrian-Control Signals

Section 11-204. Flashing Signals

Section 11-204.1. Lane Use Control Signals

Section 11-205. Pedestrian-Actuated School Crossing Signals

Section 11-206. Display of Unauthorized Signs, Signals or Markings

Section 11-207. Interference with Official Traffic control Devices or Railroad Signs or Signals— Violation Resulting in Personal Injury or Death—Penalty

Section 11-208. Traffic Signal Preemption Device

Article 3. Miscellaneous Rules of Driving on Roadway

Section 11-301. Drive on Right Side of Roadway—Exceptions

Section 11-302. Passing Vehicles Proceeding in Opposite Directions

Section 11-303. Overtaking a Vehicle on the Left—Signal

Section 11-304. When overtaking on the right is permitted

Article 6. Turning and Starting and Signals on Stopping and Turning

Section 11-601. Required Position and Method of Turning at Intersections

Section 11-602. Turning to Proceed in Opposite Direction—Turns on Curve or Near Crest of Grade Prohibited

Section 11-603. Starting Parked Vehicle

Section 11-604. Turning Movements and Required Signals—Passing Person Attempting a Left Turn

Section 11-605. Signals by Hand and Arm or Signal Lamps

Section 11-606. Method of Giving Hand and Arm Signals

Article 7. Special Stops Required

Section 11-701. Obedience to Signal Indicating Approach of Train

Section 11-702. Commercial Motor Vehicles and Buses—Railroad Crossing

Section 11-703. Stop Signs and Yield Signs

Section 11-704. Emerging from Alley, Driveway or Building

Section 11-705. Meeting or Overtaking Stopped School Bus

Section 11-705.1. Meeting or Overtaking Stopped Church Bus

Article 8. Speed Restrictions

Section 11-801. Basic Rule—Maximum and Minimum Limits—Fines and Penalties

Section 11-802. Minimum speed regulation

Section 11-803. Speed Limitation on Motorcycles, Motor-Driven Cycles, and Motorized Scooters

Section 11-804. Low-speed Electrical Vehicles—Restrictions on Operation

Section 11-805. Electric-assisted bicycle operators

Section 11-805.1. Electric Personal Assistive Mobility Devices

Section 11-805.2. Electric Gopeds

Section 11-806. Special speed limitations

Section 11-806.1. Reduced Speed Limit at Certain Times in School Zone

Section 11-807. Charging Violations and Rule in Civil Actions

Section 11-808. Jammers and Speed Measuring Devices—Use, Possession, Manufacture, Sale or Distribution Prohibited—Exemption

Section 11-809. Exemptions

Article 9. Reckless Driving, Driving While Intoxicated and Negligent Homicide

Section 11-901. Reckless driving

Section 11-901a. Full time and Attention to Driving

Section 11-901b. Unlawful Use of a Cellular Telephone

Section 11-902. Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination thereof

Section 11-902a. Allowing Use of Motor Vehicle without Ignition Interlock Device—Disabling or Disconnecting Device

Section 11-903. Negligent Homicide

Section 11-904. Person Involved in Personal Injury Accident While Under the Influence of Alcohol or Other Intoxicating Substance—Causing Great Bodily Injury

Section 11-905. Person Involved in Personal Injury Accident without a Valid Driver License—Causing Great Bodily Injury—Causing Death

Section 11-906. Operating or being in Actual Physical Control of Motor Vehicle While under the Influence while under age

Article 10. Stopping, Standing and Parking

Section 11-1001. Stopping, Standing or Parking Outside of Business or Residence District

Section 11-1002. Officers Authorized to Remove Illegally Stopped Vehicle

Section 11-1003. Stopping, Standing or Parking Prohibited in Specified Places

Section 11-1004. Additional Parking Regulations

Section 11-1005. Authorized Emergency Vehicles; Vehicles Used in Construction or Maintenance of Highways—Excepted from Certain Provisions

Section 11-1006. Parking of Vehicles on Posted Private Property—Penalty—Liability of Landowner

Section 11-1007. Parking Areas for Physically Disabled Persons—Penalties

Section 11-1008. Reserved

Section 11-1009. Parking on Certain Property Prohibited

Article 11. Miscellaneous Rules

Section 11-1101. Unattended Motor Vehicle

Section 11-1102. Limitations on Backing

Section 11-1103. Motorcycles, Motor-Driven Cycles, Motorized Scooters, Motorized Bicycles, or Electric-Assisted Bicycles—Restrictions on Transporting Other Persons and on Operation

Section 11-1104. Obstruction to Driver’s View or Control—Overloading School Bus

Section 11-1105. Opening and Closing Vehicle Doors

Section 11-1106. Driving on mountain highways

Section 11-1107. Coasting prohibited

Section 11-1108. Following Fire Apparatus and other Emergency Vehicles Prohibited

Section 11-1109. Crossing fire hose

Section 11-1110. Putting Glass, etc., on Highway Prohibited

Section 11-1111. Throwing or Dropping Object on or at Moving Vehicles

Section 11-1112. Child Passenger Restraint System Required for Certain Vehicles—Exemptions

Section 11-1113. Reserved

Section 11-1114. Allowing passenger to ride outside passenger compartment

Section 11-1115. Railroad-Highway Grade Crossings—Class A, B or C Commercial Vehicles—When Crossing Prohibited

Section 11-1116. Self-propelled or Motor-Driven and Operated Vehicles—Golf Carts—All-Terrain and Utility Vehicles—Operation on Streets and Highways

Section 11-1117. All-Terrain Vehicle Passenger Restrictions—Penalties and Enforcement—Liability of Parents or Vehicle Owners—Applicability

Section 11-1118. Reserved

Section 11-1119. Definitions—Unattended Child or Vulnerable Adult in Motor Vehicle Prohibited— Exception—Penalty

Article 12. Operation of Bicycles and Play Vehicles

Section 11-1201. Effect of Regulations

Section 11-1202. Traffic Laws Apply to Persons Riding Bicycles or Motorized Scooters

Section 11-1203. Riding on Bicycle or Motorized Scooter

Section 11-1204. Clinging to Vehicles

Section 11-1205. Riding on Roadway, One-way Street or Highway

Section 11-1206. Carrying Articles

Section 11-1207. Reserved

Section 11-1208. Overtaking and Passing Bicycle—Violations—Fines and Penalties

Article 13. Maintenance, Construction and Safety Zones

Section 11-1301. Driving through safety zones prohibited

Section 11-1302. Maintenance and construction zones

Section 11-1303. Endangerment of a Highway Worker

Article 14. Reserved

Chapter 12. Equipment of Vehicles

Article 1. Scope and Effect of Regulations

Section 12-101. Driving or Permitting to be Driven Vehicle with Unsafe or Missing Equipment—Other Forbidden Acts—Exceptions Relating to Requirements for Equipment—Rules—Definitions

Section 12-101.1. Sale of Improperly Equipped Vehicle—Improper Equipping or Operation of Improperly Equipped Vehicle

Section 12-101.2. Construction of Act—Severability

Article 2. Lamps and Other Lighting Equipment

Section 12-201. Proper Display of Lamps and Other Signal Devices—Adoption of Federal Specifications and Standards

Section 12-202. Visibility Distance and Mounted Height of Lamps

Section 12-203. Head Lamps on Motor Vehicles

Section 12-203.1. Number of Driving Lamps Required or Permitted

Section 12-203.2. Use of Distribution of Light or Composite Beam Lighting Equipment

Section 12-203.3. Headlamps with Single Distribution of Light—Farm Tractors and Certain Other Motor Vehicles

Section 12-203.4. Lighting Equipment upon Motor Vehicles Operated below certain Speed

Section 12-204. Tail Lamps

Section 12-204.1. Lamps Illuminating Rear License Plate

Section 12-205. Reflectors

Section 12-206. Stop Lamps

Section 12-207. Turn Signal Lamps

Section 12-208. Vehicles of certain Width—Clearance Lamps—Side Marker Lamps—Reflectors

Section 12-209. Reserved

Section 12-210. Reserved

Section 12-211. Visibility of Reflectors, Clearance Lamps and Marker Lamps

Section 12-212. Reserved

Section 12-213. Lamps, Reflectors, and Flags on Projecting Load

Section 12-214. Lamps on Parked or Stopped Motor Vehicles

Section 12-215. Lamps on Farm Tractors—Farm Equipment and Implements of Husbandry

Section 12-216. Lamps, Lighting Devices, or Reflectors on Animal-drawn and certain Other Vehicles

Section 12-217. Auxiliary, Fog, and Off-road Lamps

Section 12-218. Emergency Vehicles—Flashing Lights

Section 12-218.1. Flashing Lights on Licensed Wreckers

Section 12-218.2. Vehicles Operated by Rural Letter Carriers or any Highway Contract Route Vehicles Delivering Mail—Flashing Lights

Section 12-219. Reserved

Section 12-220. Back-up and Vehicular Hazard Warning Lamps

Section 12-221. Reserved

Section 12-222. Reserved

Section 12-223. Reserved

Section 12-224. Reserved

Section 12-225. Reserved

Section 12-226. Reserved

Section 12-227. Special Restriction on Lamps

Section 12-228. Special Lighting Equipment and Warning Devices on School Buses and Church Buses

Section 12-229. Lights on Vehicles or Machinery Operated by Government on Highways

Section 12-230. Reserved

Section 12-231. Reserved

Section 12-232. Vans Operated for Non-profit Charitable Organization Equipped with Strobe-lighttype Device

Article 3. Brakes

Section 12-301. Brake Equipment Required

Section 12-302. Performance ability of brakes

Article 4. Other Equipment

Section 12-401. Horns and Warning Devices

Section 12-402. Mufflers or Other Noise-Suppressing Systems—Prevention of Excessive or Unusual Noise

Section 12-403. Mirrors

Section 12-404. Windshields and Windows—Obstruction, Obscuring, or Impairing of Driver’s View— Electric Windshield Wiper Mechanism

Section 12-405. Tires and Wheels—Peripheral Equipment—Unsafe Operating Condition

Section 12-405.1. Coupling Devices—Stay Chains, Cables or Other Safety Devices

Section 12-405.2. Fuel Tanks and Intake Pipes—Projection Beyond Side of Vehicle—Construction and Attachment

Section 12-405.3. Aprons

Section 12-406. Safety Glazing Material or Safety Glass—Standards—Identification Markings—Sale or Replacement

Section 12-407. Certain Vehicles to be Equipped with Flares and Other Emergency Equipment

Section 12-408. Display of Warning Devices When Vehicle Disabled

Section 12-409. Vehicles Transporting Hazardous Materials

Section 12-410. Air-conditioning Equipment

Section 12-411. Television-type Receiving Equipment Visible from Operator’s Seat Prohibited

Section 12-412. Reserved

Section 12-413. Seat Belts or Shoulder Harnesses

Section 12-414. Specifications

Section 12-415. Penalties

Section 12-416. Short Title

Section 12-417. Operators and Front Seat Passengers Required to Wear Safety Belts—Exemptions

Section 12-418. Reserved

Section 12-419. Reserved

Section 12-420. Civil Proceedings—Effect of Act

Section 12-421. Reserved

Section 12-422. Restrictions on Use of Glass Coating Materials or Sun Screening Devices on Windshields and Windows

Section 12-423. Emission Control System—Disconnection, Alteration, Modification, or Replacement

Section 12-424. Obstruction to Turning of Steering Control—Definitions

Section 12-425. Absent, Disconnected, or Broken Parts of Suspension System

Section 12-426. Properly Operating Speedometer

Section 12-427. Official Slow-moving Vehicle Emblem

Section 12-428. Converted School Buses—Color

Article 5. Odometer Setting Act

Section 12-501. Short Title

Section 12-502. Definitions

Section 12-503. Prohibited Acts

Section 12-504. Service, Repair or Replacement of Odometer

Section 12-505. Transfer of Ownership of Motor Vehicle—Information Required

Section 12-506. Violation—Penalty

Article 6. Motorcycles

Section 12-601. Headlamps and Other Illuminating Devices on Certain Motorcycles—Definition

Section 12-602. Headlamps Required on Every Motorcycle—Definitions

Section 12-603. Tail lamps

Section 12-604. Reflectors

Section 12-605. Stop Lamps

Section 12-606. Electric Flashing Turn Signal Lamps

Section 12-608. Brakes on Motorcycles

Section 12-609. Motorcycles—Required Equipment

Article 7. Bicycles

Section 12-701. Provisions in Chapter Applicable to Bicycles

Section 12-702. Front Lamp

Section 12-703. Rear Lamp

Section 12-704. Reflector

Section 12-705. Reserved

Section 12-706. Reflective Material

Section 12-707. Additional Lights and Reflectors

Section 12-708. Brakes

Section 12-709. Sirens

Chapter 13. Inspection of Vehicles

Section 13-101. Vehicles without Required Equipment or in Unsafe Condition

Section 13-102. Officers may Inspect a Vehicle and its Equipment

Section 13-103. Owner and Drivers to Submit Vehicles for Inspection

Chapter 14. Reserved

Chapter 15. Reserved

Chapter 16. Parties and Procedure Upon Arres t

Section 16-101. Parties to a Crime

Section 16-102. Offenses by Persons Owning or Controlling Vehicles

Section 16-103. Public Officers and Employees—Exceptions

Section 16-104. Procedure upon Arrest for Felony

Section 16-105. Reserved

Section 16-106. Reserved

Section 16-107. Reserved

Section 16-108. Misdemeanor Violations—Procedure

Section 16-109. Authority of Officer at Scene of Accident

Section 16-110. Reserved

Section 16-111. Reserved

Section 16-112. Failure to Obey Notice to Appear

Section 16-113. Procedure Prescribed Herein not Exclusive

Section 16-114. Arrest of Traffic Violators without Warrant

Chapter 17. Penalties

Section 17-101. Misdemeanor Violations—Penalties

Section 17-102. Felonies

Chapter 18. Records and Reports of Convictions

Section 18-101. Record of traffic cases

Chapter 19. Reserved

Chapter 20. Reserved

Chapter 21. Reserved

Chapter 22. Reserved

Chapter 23. Reserved

Chapter 24. Reserved

Chapter 25. Reserved

Chapter 26. Reserved

Chapter 27. Reserved

Chapter 28. Reserved

Chapter 29. Reserved

Chapter 30. Reserved

Chapter 31. Reserved

Chapter 32. Reserved

Chapter 33. Reserved

Chapter 34. Reserved

Chapter 35. Reserved

Chapter 36. Reserved

Chapter 37. Reserved

Chapter 38. Reserved

Chapter 39. Reserved

Chapter 40. Reserved

Chapter 41. Reserved

Chapter 42. Reserved

Chapter 43. Reserved

Chapter 44. Reserved

Chapter 45. Reserved

Chapter 46. Reserved

Chapter 47. Reserved

Chapter 48. Reserved

Chapter 49. Reserved

Chapter 50. Reserved

Chapter 51. Reserved

Chapter 52. Reserved

Chapter 53. Reserved

Chapter 54. Reserved

Chapter 55. Reserved

Chapter 56. Reserved

Chapter 57. Reserved

Chapter 58. Reserved

Chapter 59. Reserved

Chapter 60 Reserved

Chapter 61. Reserved

Chapter 62. Reserved

Chapter 63. Reserved

Chapter 64. Reserved

Chapter 65. Reserved

Chapter 66. Reserved

Chapter 67. Chemical Tests

Section 751. Implied Consent to Breath Test, Blood Test or Other Test for Determining Presence or Concentration of Alcohol or Other Intoxicating Substance

Section 752. Administration of Tests—Authorization—Liability—Laboratories—Independent analysis—Costs

Section 753. Refusal to submit to test

Section 754. Seizure of license

Section 755. Reserved

Section 756. Admission of Evidence Shown by Tests

Section 757. Other competent evidence--Admissibility

Section 758. Reserved

Section 759. Board of Tests for Alcohol and Drug Influence

Section 760. Reserved

Section 761. Operation of a Motor Vehicle While Impaired—Penalties

Chapter 68. Reserved

Chapter 69. Reserved

Chapter 70. Reserved

Chapter 71. Abandonment of Vehicles

Section 901. Abandonment Unlawful—Determination

Section 902. Authorization to Remove Abandoned Vehicle

Section 903. Notice of Impoundment—Civil liability

Section 904. Payment of cost of removal and storage

Section 905. Lienholder Defined

Section 906. Reserved

Section 907. Special Liens

Section 908. Foreclosure of Lien—Notice

Section 909. Time to commence proceedings

Section 910. Return of Sale

Section 911. Disposition of proceeds of sale

Chapter 72. Reserved

Chapter 73. Reserved

Chapter 74. Choctaw Nation of Oklahoma Vehicle License and Registration Act

Section 1101. Short title

Section 1102. Definitions

Section 1103. Legislative Intent

Section 1104. Registration and Certificate of Title

Section 1105. Seizure of vehicles not bearing or displaying proper license plate--Sale

Section 1106. Offenses and Penalties Enumerated

Chapter 75. Reserved

Chapter 76. Reserved

Chapter 77. Reserved

Chapter 78. Reserved

Chapter 79. Motor Vehicle Chop Shop, Stolen and Altered Property Act

Section 1501. Short title

Section 1502. Definitions

Section 1503. Ownership and Operation of Chop Shop—Alteration of Vehicle Identification Number—Purchase or Sale of Parts from Altered Vehicle—Exceptions—Attempt—Conspiracy— Solicitation—Aiding and Abetting—Accessory after Fact—Penalties—Sentence—Restitution

Section 1504. Seizure without Process of Tool, Implement, or Instrumentality of Offense—Disposition of Seized Property

Section 1505. Property Subject to Forfeiture—Determination of Identity of Rightful Owner— Disposition of Forfeited Property

Section 1506. Civil proceedings--Remedies--Treble damages--Estoppel--Limitations--Service of process

Section 1508. Power of Prosecutor

Choctaw Nation Public Health and Safety Code:

Uniform Controlled Dangerous Substances Act

Article 1. General Provisions

Section 2-101. Definitions

Section 2-102. Drug paraphernalia—Factors used in determining

Section 2-103. Definitions

Section 2-104. Narcotics Revolving Fund

Article 2. Standards and Schedules

Section 2-201. Reserved

Section 2-202. Nomenclature in schedules

Section 2-203. Schedule I characteristics

Section 2-204. Schedule I

Section 2-205. Schedule II characteristics

Section 2-206. Schedule II

Section 2-207. Schedule III characteristics

Section 2-208. Schedule III

Section 2-209. Schedule IV characteristics

Section 2-210. Schedule IV

Section 2-211. Schedule V characteristics

Section 2-212. Schedule V

Article 3. Regulation of Controlled Dangerous Substances

Section 2-313. Excepted Preparations—Conditions of Exemption

Section 2-314. Labels

Precursor Substances Act

Section 2-321. Short title

Section 2-322. Precursor substances—License or permit

Section 2-323. License to sell, transfer or otherwise furnish—Application—Records—Fee

Section 2-324. Permit to possess—Application—Regular report in lieu of permit

Section 2-325. Reserved

Section 2-326. Discovery of loss or theft—Disposal—Reports—Other duties

Section 2-327. Application of act—Sale or transfer of certain nonnarcotic products

Section 2-328. Violations—Penalties

Section 2-329. Drug cleanup fines—Disposition of fines collected

Section 2-330. Notification of seizure—Duty of law enforcement agencies

Section 2-331. Seizure of devices or precursor chemicals—Notice by peace officer to Bureau of Narcotics and Dangerous Drugs Control

Section 2-332. Possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance—Presumption—Exceptions— Penalty—Registration—Records

Section 2-333. Knowingly selling, transferring, distributing, or dispensing products to be used in the production of certain controlled substances—Penalty—Damages

Section 2-341. Pharmacy electronic drug tracking service

Article 4. Offenses and Penalties

Section 2-401. Prohibited Acts A—Penalties

Section 2-402. Prohibited Acts B—Penalties

Section 2-403. Prohibited Acts C—Penalties

Section 2-404. Reserved

Section 2-405. Prohibited acts E—Penalties

Section 2-406. Reserved

Section 2-407. Prohibited acts G—Penalties

Section 2-407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited—Exemptions—Penalties

Section 2-408. Offering, soliciting, attempting, endeavoring or conspiring to commit offense— Penalties

Section 2-409. Additional penalties

Section 2-410. Conditional release for first offense—Effect of expungement—Persons not covered by section

Section 2-411. General penalty clause

Section 2-412. Second or subsequent offenses

Drug Dealer Liability Act

Section 2-421. Short title

Section 2-422. Definitions

Section 2-423. Liability for civil damages

Section 2-424. Persons who may bring action—Persons liable—Damages recoverable

Section 2-425. Individual drug users who may bring action—Persons liable for damages—Damages recoverable

Section 2-426. Third party payment of damages—Defense under contract of insurance—Indemnification—Prohibition

Section 2-427. Drug market target community—Level of offense

Section 2-428. Joinder of parties—Judgments

Section 2-429. Comparative responsibility—Burden and standard of proof

Section 2-430. Right of contribution—Recovery by plaintiff

Section 2-431. Proof of participation in illegal drug market—Standard of proof—Prima facie evidence of participation

Section 2-432. Attachment of assets—Execution of judgment—Exempt property—Property seized by forfeiture

Section 2-433. Limitation of action—Accrual of cause of action—Tolling

Section 2-434. Legal representation of the Choctaw Nation—Stay of action

Section 2-435. Interfamily tort immunity not altered

Article 5. Enforcement and Administration

Section 2-501. Powers of enforcement personnel

Section 2-502. Inspections

Section 2-503. Property subject to forfeiture

Section 2-503.1. Transactions involving proceeds derived from illegal drug activity prohibited— Penalties

Section 2-503.2. Assessment for violation of acts—Drug Abuse Education and Treatment

Section 2-504. Seizure of property

Section 2-505. Summary forfeiture of certain substances

Section 2-506. Seizure of property—Notice of seizure and intended forfeiture proceeding—Verified answer and claim to property—Hearing—Evidence and proof—Proceeds of sale

Section 2-507. Itemization and submission for destruction

Section 2-508. Disposition of seized property

Section 2-509. Eradication—Penalties—Prohibition of suspended or deferred sentences or probation

Section 2-510. Defenses—Descriptions

Article 6. Reserved

Article 7. Reserved

Article 8. Miscellaneous Provisions

Section 2-801. Definitions

Section 2-802. Additional Unlawful Acts Enumerated

Choctaw Nation Juvenile Code:

Chapter 1. General Provisions

Section 2-1-101. Short title

Section 2-1-102. Legislative intent—Construction of chapter—Purpose

Section 2-1-103. Definitions

Chapter 2. Custody and Court Proceedings

Section 2-2-101. Taking of child into custody—Detention—Medical treatment—Behavioral health treatment—Hearing on order for medical treatment

Section 2-2-102. Personal jurisdiction

Section 2-2-103. Reserved

Section 2-2-104. Preliminary inquiry—Petition

Section 2-2-104.1 - Diversion Services - Purpose - Procedures - Notice

Section 2-2-105. Order removing child from home prohibited absent certain determinations

Section 2-2-106. Petition—Subsequent pleadings—Amended petitions

Section 2-2-107. Summons—Warrant—Service

Section 2-2-108. Examination by health care professionals—Investigation of child’s home and

custodian’s earning capacity

Section 2-2-301. Conduct of interrogations—Appointment of counsel—Guardians ad litem

Section 2-2-401. Trial by court

Section 2-2-402. Conduct of adjudicative hearings

Section 2-2-403. Child is charged with an offense which would be a felony if committed by an adult—Trial as adult—Certification Order—Bail

Section 2-2-404. Deferral of delinquency proceedings

Section 2-2-501. Dispositional hearings

Section 2-2-502. Individual treatment and service plans

Section 2-2-503. Disposition orders—Revocation, modification and redisposition

Section 2-2-504. Periodic review of disposition orders

Section 2-2-505. Authority to Establish Juvenile Drug Court

Section 2-2-506. Juvenile Drug Court Investigations-Eligibility for Juvenile Drug Court

Program

Section 2-2-507. Hearing to Determine Final Eligibility

Section 2-2-508. Progress Reports and Periodic Review-Access to Information-Modifications

to Treatment Plan, Plea Agreement, and Responsibilities for Health and Welfare of Juvenile

Section 2-2-509. Costs and Fees

Section 2-2-601. Appeals

Section 2-2-701. Authority to order parents, legal guardians, or child’s custodian to be present at proceedings, participate in rehabilitation, and perform other actions—Contempt

Section 2-2-702. Reserved

Section 2-2-703. Expenses for care and maintenance of child

Section 2-2-801. Procedures and requirements for placement of adjudicated children

Section 2-2-802. Termination of parental rights

Section 2-2-803. Review and assessment of children committed to the Choctaw Nation Department of Children and Family Services

Section 2-2-804. Child in need of behavioral health treatment

Section 2-2-805. Commitment of child to custody of Choctaw Nation Department of Children and Family Services—Delivery to designated institution

Chapter 3. Detention

Section 2-3-101. Conditions of detention of child—Detention or confinement in adult facility

Section 2-3-102. Persons under 18 years of age who have fled from another jurisdiction considered adults for purposes of detention only in certain cases

Section 2-3-103. Temporary detention of children—Detention facilities, services, and centers—Transportation

Section 2-3-104. Reserved

Section 2-3-105. Educational Needs and Opportunities

Chapter 4. Reserved

Chapter 5. Reserved

Chapter 6. Records

Section 2-6-101. Court to keep records—Definitions

Section 2-6-102. Confidential juvenile record

Section 2-6-103. Confidentiality of social records

Section 2-6-104. Inspection and disclosure of confidential records without court order

Section 2-6-105. Inspection and disclosure of juvenile court records without court order

Section 2-6-106. Inspection and disclosure of the Choctaw Nation Department of Children and Family Services records without court order

Section 2-6-107. Fingerprinting of persons under 18

Section 2-6-108. Effect of adjudication—Sealing of records—Order unsealing sealed records—Destruction of records

Section 2-6-109. Expungement of open juvenile court record

Section 2-6-110. Procedures for providing certain records to tribal police—Confidentiality

Chapter 7-Juvenile Justice

Section 2-7-303. Community-based programs

Section 2-7-304. Reserved

Section 2-7-305. Agreements to establish or maintain community-based youth service programs, shelters and community intervention centers

Section 2-7-306. Reserved.

Section 2-7-307. Reserved.

Section 2-7-308. Management information system—Integration with other management information systems—Access to confidential records and reports

Section 2-7-309. Reserved

Section 2-7-310. Defining services and programs

Section 2-7-311. Annual review of programs and services—Reports

Section 2-7-501. Intake and probation services—Services related to juvenile offenders

Section 2-7-502. Child adjudicated in need of supervision—Placement—Rehabilitative facilities—Mental health treatment

Section 2-7-503. Delinquent children—Intent of Tribal Council—Powers and duties of the

Choctaw Nation Children and Family Services

Section 2-7-504. Discharge of children adjudicated delinquent—Retention of custody and jurisdiction

Section 2-7-601. Juveniles placed in Department-operated institutions and facilities—Powers and duties of Department

Section 2-7-602. Methods of administration—Superintendent as guardian

Section 2-7-603. Rules, policies and procedures required in facilities

Section 2-7-604. Physical force, when authorized—Mechanical restraints—Chemical agents

Section 2-7-605. Escape or run away from institutional placement

Section 2-7-606. Reserved.

Section 2-7-607. Reserved.

Section 2-7-608. Reserved

Section 2-7-609. Facilities and residential programs—Legislative intent

Section 2-7-610. Reserved

Section 2-7-611. Secure facilities—Violations

Section 2-7-612. Reserved.

Section 2-7-613. Foster Care Program for Children in Custody of the Department

Section 2-7-614. Foster Care Placements for Children in Custody of the Department

Section 2-7-615. Contracts with Foster Care Placement Providers

Section 2-7-801. Juvenile Offender Victim Restitution Work Program

Section 2-7-802. Juvenile Justice Public Works Program Juvenile Offender Tracking Program

Section 2-7-901. Purpose—Short title

Section 2-7-902. Definitions

Section 2-7-903. Juvenile Offender Tracking Program—Components

Section 2-7-904. Implementation of Program—Duties of agencies

Section 2-7-905. Juvenile Justice Information System—Functions—Duties of agencies-Plan for implementation

Chapter 8. Juvenile Sex Offender Registration Act

Section 2-8-101. Short title

Section 2-8-102. Juvenile sex offender defined

Section 2-8-103. Juvenile sex offender registry—Information included

Section 2-8-104. Application register—Criteria for qualifying—Court order

Section 2-8-105. Juvenile sex offenders ordered to probation—Notification of duty to register

Section 2-8-106. Annual registration—Notification of change of name and address

Section 2-8-107. Failure to register or provide notification of change of name or address

Section 2-8-108. Transfer of registration to adult sex offender registry—Petition

Section 2-8-109. Juveniles not subject to act

Section 2-8-110. Disclosure of information—Immunity from liability

Section 2-8-111. Use of information to commit crime or cause physical harm or damage to property—Penalties

Section 2-8-112. Rules, procedures, and forms Crimes Involving Juveniles

Section 2-8-221 - Transmission of Child Pornography

Section 2-8-222 - Intoxicating beverages—Possession by persons under age 21 unlawful

Section 2-8-223 - Penalties

Section 2-8-224 - Tobacco Purchase by Person Under 18 Years of Age Prohibited

Chapter 9. Reserved

Chapter 10. Reserved

Chapter 11. Choctaw Nation Minor Identification Act

Section 11-101. Short title

Section 11-102. Definitions

Section 11-103. Issuance of Fingerprint Identification Card

Section 11-104. Intent of the Tribal Council

Section 11-105. School fingerprinting programs

Choctaw Nation Juror Code :

Section 1. Jury pool

Section 2. Random Selection

Section 3. Drawing jury panels

Section 4. Certifying and Juror Names

Section 5. Delivery of envelopes

Section 6. Sealing and retaining juror name cards

Section 7. Summoning Jurors

Section 8. Jury Panel – oath or affirmation

Section 9. On-call systems jurors

Section 10. Selecting trial jurors from panel

Section 11. Qualifications and exemptions of jurors

Section 12. Substantial compliance

Section 13. Number of jurors

Section 14. Challenges to jurors

Section 15. Role of the court and jury

Section 16. Jury Selection

Section 17. Oath to the jury

Section 18. Discharge of employee for jury service

Section 19. Asking jurors their address or telephone number in presence of defendant prohibited

Section 20. Adverse action against student for jury service prohibited

Section 21. Fees and mileage for jurors

Section 22. Conduct of jury during trial

Choctaw Nation Children's Code:

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

Section 1-1-101. Short Title – Contents of the Code – Effect of Captions

Section 1-1-102. Legislative Intent and Purpose

Section 1-1-103. Jurisdiction – Transfers to and from other Courts

Section 1-1-104. Enforcement Authority

Section -1-105. Definitions

CHAPTER II. REPORTING AND INVESTIGATION

Section 1-2-101. Duty to Report Abuse or Neglect of Child Under Eighteen - Failure to Report -False Report

Section 1-2-102. Preliminary Safety Analysis, Assessment and Investigation - Report and Findings – Referrals

Section 1-2-103. Judicial Request for Investigation of Criminally Injurious Conduct

Section 1-2-104. Immunity from Civil or Criminal Liability

Section 1.2.105. Prompt Investigation of Child Abuse or Neglect - Health Records - Written Report - Temporary Restraining Order

Section 1.2.106. Notice of Complaint or Allegation to be Provided to Person Being Investigated

Section 1-2-107. Information Provided to Person or Agency Providing Professional Service

Section 1-2-108. Central Registry for Child Abuse, Sexual Abuse and Neglect – Maintenance of Registry – Contents – Confidentiality .

Section 1-2-109. Relinquishment of child to medical Services Provider or Child Rescuer

Section 1-2-110. Reserved

CHAPTER III. MEDICAL AND BEHAVIORAL HEALTH TREATMENT

Section 1-3-101. Authorization to Consent to Medical or Dental Care

Section 1-3-102. Authorization to Consent to Emergency Medical Care

Section 1-3-103. Civil and Criminal Immunity for Persons Acting Pursuant to Act, Court Order, or Consent

CHAPTER IV. COURT PROCEEDINGS

PART 1. JURISDICTION.

Section 1-4-101. Jurisdiction - Temporary Order - InterlocutoryRelief - Conflicting Orders -Venue - Transfer of Proceedings

Section 1-4-102. Custody or Visitation Proceeding - Evidence of Child Abuse or Neglect - Referral for Investigation - Prosecutor to Decide Whether to File Deprived Petition - Attorney or Guardian Ad Litem for Child

PART 2. PROTECTIVE AND EMERGENCY CUSTODY

Section 1-4-201. Child Taken into Custody Prior to Filing of Petition - Pre-Petition Emergency Custody Orders

Section 1-4-202. Notice of Custody Hearing

Section 1-4-203. Emergency Custody Hearing

Section 1-4-204. Award of Custody or Determination of Placement - Preference for Relatives and Persons with Kinship Relationship

Section 1-4-205. Records of Child Released from Protective Custody Prior to Hearing - Petition for Deprived Child Proceeding - Hearings Order for Removal of Child from Home

Section 1-4-206. Restraining Order - Service - Hearing - Notice of Order - Termination and Renewal - Penalties for Violation

Section 1-4-207. Immediate Assumption of Custody and Ordering of Necessary Actions

PART 3. PETITION, SUMMONS, APPOINTMENT OF COUNSEL AND OTHERS

Section 1-4-301. Verified Petition – Contents - Delivery with Summons – Signature

Section 1-4-302. Pleadings and Motions Subsequent to Petition - Amendment of Petition - Post-Adjudication Petition

Section 1-4-303. Scheduling of Hearing - Issuance and Contents of Summons – Service – Waiver of Service

Section 1-4-304. Service of Summons – Time of Adjudication Hearing – Distinct and Meaningful Search for Parents and Guardians

Section 1-4-305. Failure to Appear - Consent to Adjudication of Child to be Deprived – 3 Contempt – Warrants

Section 1-4-306. Appointment of Counsel, Guardian Ad Litem - Court Appointed Special Advocates – Access to Filed and Record

PART 4. DISCOVERY AND PRE-TRIAL PROCEEDING

Section 1-4-401. Applicability of Discovery Code and District Court Rules - Court Ordered Exchange of Information – Confidentiality - Scheduling and Other Orders

PART 5. CONDUCT OF HEARINGS

Section 1-4-501. Prosecutor to Prepare and Prosecute Case and Act as Petition in all Case

Section 1-4-502. Non-jury Trial

Section 1-4-503. Conduct of Hearings

Section 1-4-504. Alternative Dispute Resolution

Section 1-4-505. Applicability of Section - Admissibility of Child Statement Recorded before Proceedings Begin

Section 1-4-506. Testimony of Child Taken in Room Other Than Courtroom - Court Order

Section 1-4-507. Admissibility of Evidence

Section 1-4-508. Use Immunity

PART 6. ADJUDICATION HEARING

Section 1-4-601. Time for Adjudication Hearing - Effect of Delay - Stipulations - Testimony - Non-jury Trial

Section 1-4-602. Factual Allegations of Petition not Supported by a Preponderance of the Evidence

Section 1-4-603. Factual Allegations of Petition Supported by a Preponderance of the Evidence

PART 7. DISPOSITIONAL HEARINGS

Section 1-4-701. Costs and Expenses for Care and Maintenance of Child - Orders for Enforcement – Penalties for Willful Failure to Pay

Section 1-4-702. Paternity and Support of Alleged or Adjudicated Deprived Child - 4 Support Orders and Payments – Rules

Section 1-4-703. Examination of Child by Physician - Behavioral Health Evaluation - Investigation of Child’s Home Conditions and Environment

Section 1-4-704. Written Individualized Service Plan – Preparation - Disputes and Hearing – Contents – Modifications

Section 1-4-705. Placement of Child Custody with Individual, Agency, or Institution - Religious Faith of Parents or Child - Disqualifying Crimes and Offenses

Section 1-4-706. Time of Dispositional Hearing – Evidence - Modification of other Orders - Scheduling of Periodic Review and Permanency Hearings

Section 1-4-707. Dispositional Orders—Required Information

Section 1-4-708. Deprived Adjudication for Repeated Absence from School

Section 1-4-709. Required Conditions for Establishing Permanent Guardianship – Rights and Responsibilities of Permanent Guardian.

Section 1-4-710. Motion for Permanent Guardianship - Notice of Hearing—Home Assessment—Required Findings – Visitation – Order

Section 1-4-711. Modification or Termination of Permanent Guardianship

Section 1-4-712. Judicial Determinations Regarding Contrary to the Welfare, Reasonable Efforts to Prevent Removal, and Reasonable Efforts to Finalize Permanency Plan

PART 8. POST-DISPOSITIONAL PLACEMENT AND MISCELLANEOUS HEARING

Section 1-4-801. Review of Order Releasing Child from Custody

Section 1-4-802. Hearing to Determine Child's Placement or Release from Custody – Testimony

Section 1-4-803. Court Ordered Placement with Child and Family Services

Section 1-4-804. Notice when Child in Custody of Department Moved to Another Location - Time of Notice – Hearing

Section 1-4-805. Child in Custody of Department or Child-Placing Agency for more than Three Months – Removal - Change of Foster Placement

Section 1-4-806. Trial Home Reunification - Duties of Department of Children and Family Services – Termination

Section 1-4-807. Periodic Review Hearings—Review of Case Regarding Child Alleged or Adjudicated to be Deprived - Notice to Foster Parent, Pre-Adoptive Parent, or Relative – Findings

Section 1-4-808. Written Report for Review Hearing - Scope of Report - Child’s Access to Counse

Section 1-4-809. Permanency Hearing Upon Finding that Reasonable Efforts to Prevent Removal of Child from Home or Reunify Child with Family not Required

Section 1-4-810. Child in Out-of-Home Care for Twelve Months or Longer - Meeting - Report Prior to Permanency Hearing - Proposed Permanency Plan

Section 1-4-811. Permanency Hearing

Section 1-4-812. Eligibility of Foster Parent to Adopt—Factors to be Considered by Court

Section 1-4-813. Agreements and Court Orders Permitting Post-Adoption Contact between Birth Relatives and the Child—Steps to Facilitate Ongoing Sibling Contact or Visitation

Section 1-4-814. Modification of Decrees or Orders

PART 9. TERMINATION OF PARENTAL RIGHTS

Section 1-4-901. Petition or Motion by prosecutor or Child’s Attorney—Duty of Prosecutor

Section 1-4-902. Conditions Requiring Prosecutor to File Petition or Motion for Termination of Parent-Child Relationship

Section 1-4-903. Adoption as a Permanency Plan—Good Cause not to Terminate Parental Rights

Section 1-4-904. Termination of Parental Rights in Case Involving Petition for Deprived Status of Child

Section 1-4-905. Notice of Hearing to Terminate Parental Rights

Section 1-4-906. Effect of Termination of Parental Rights

Section 1-4-907. Placement with Individual or Agency—Authority to Consent to Adoption—Effect of Final Decree of Adoption

Section 1-4-908. Permanency Hearing—Continued Jurisdiction over the Child

Section 1-4-909. Request by Child for Reinstatement of Terminated Parental Right

CHAPTER V. APPEAL

Section 1-5-101. Appeals

Section 1-5-102. References to Child in Appellate Opinions

Section 1-5-103. Time for Filing Petition - Completion of Record - Briefing Schedule -Expedited Adjudication of Appeal

CHAPTER VI. CHILDREN’S RECORDS

Section 1-6-101. Duty to Keep Records of Cases Brought before the Court – Definitions

Section 1-6-102 Confidential Records - Authorization for Inspection, Disclosure, Correction, or Expungement of Records – Fees

Section 1-6-103. Inspection of Juvenile Court Records and Department of Children and Family Services Agency Records without Court Order

Section 1-6-104. Access to Juvenile Court Record including more than one Child

Section 1-6-105. Cases Involving Death or Near Death of a Child—Release of Certain Information to the Public

Section 1-6-106. Social Records not to be Filed in Court Record unless Ordered by the Court – Confidentiality

Section 1-6-107. Confidentiality of Reports and Records - Penaltiesfor Violations of Confidentiality

Section 1-6-108. Maintenance of Court and Agency Records Regarding Deprived Children

Section 1-6-109. Foster Care Maintenance System

CHAPTER VII. PERSONS OR AGENCIES RECEIVING CUSTODY - RIGHTS AND DUTIES

Section 1-7-101. Persons, Institutions, or Agencies Receiving Custody - Rights and Duties

Section 1-7-102. Department of Children and Family Services to Care for Deprived Children

Section 1-7-103. Additional Duties and Powers of Department

Section 1-7-104. Information to Accompany Child in Out-of-Home Care - Passport Program

Section 1-7-105. Rules, Regulations, Policies, and Procedures Regarding Children in Department Custody

Section 1-7-106. Foster Care Placement - Kinship Relationship - Treatment Needs of Child - Case Plan Goals

Section 1-7-107. Placement of Siblings in the Same Home—Contact or Visitation for Separated Siblings

Section 1-7-108. Liability for Costs and Expenses in Excess of Funding for Foster Care Services

Section 1-7-109. Foster Placement—License or Authorization

Section 1-7-110. Placement of Deprived Child in Foster Care - Best Interests of Child - Child’s Preference

Section 1-7-111. Prerequisites for Placement of Child in Foster Home and for Court Awards of Custody to Individual or Child-Placing Agency other than Department

Section 1-7-112. Voluntary Foster Care Placement – Procedures

Section 1-7-113. Required Visitations by Department of Children and Family Services or Placement Agency

Section 1-7-114. Costs of Foster Parent Eligibility Assessment and National Criminal History Records Search

Section 1-7-115. Removal from Home Due to Allegations of Abuse or Neglect - Emergency Placement

CHAPTER VIII. MISCELLANEOUS PROVISIONS

Section 1-8-101. Education and Training Requirements - Judicial Personnel, Prosecution Officials, Public Defenders, and Attorneys

Section 1-8-102. Court-Appointed Special Advocate – Training - Criminal History Records Search—Immunity from Civil Liability

Section 1-8-103. Referees

Section 1-8-104. Mileage of Witnesses - Reimbursement for Expert Witnesses

Section 1-8-105. Willful Violation of Court Order—Penalties

Section 1-8-106. Report of Missing Child or Issuance of Fingerprint Card

Section 1-8-107. Transportation of Child Subject to Deprived Proceeding

Section 1-8-108. Court Appointed Guardian Ad Litem of the Estate of a Child

Section 1-8-109. Process for Conducting Background Checks, Fingerprinting, and Personal Care Applications - Limits on Number of Children a Person May Care For

Section 1-8-110. Compliance with Title IV-E of the Social Security Act, 42 U.S.C. 670 et seq

Section 1-8-111 Timely Interstate Placement of Children

Section 1-8-112 Sex Trafficking Victims and Missing Children

CHAPTER IX. PROGRAMS, CONTRACTS, AND ADMINISTRATIVE PROVISIONS

Section 1-9-101. Abuse and Neglect Reduction Services - Identification – Development

Section 1-9-102. Reserved

Section 1-9-103. Reserved

Section 1-9-104. Reserved

Section 1-9-105. Planning New Programs, Services and Major Modifications - Evaluation - Monitoring – Review

Section 1-9-106. Kinship Foster Care

Section 1-9-107. Independent Living Act – Purpose – Eligibility

Section 1-9-108. Reserved

Section 1-9-109. Reserved

Section 1-9-110. Community Based Services and Care - Proceduresfor Letting of Grants or Contracts – Proposals

Section 1-9-111. Reserved

Section 1-9-112. Grievance Procedures

Section 1-9-113. Shelter and Care for minor Mother who is Victim of Domestic 9 Abuse Emergency Situations - Show Cause Hearing

Section 1-9-114. Duty to Recruit Foster Parents from Relatives and Kin of Child - Ethnic and Racial Diversity among Adoptive and Foster Families

Section 1-9-115. Promotion of Development of Foster Parent Association

Section 1-9-116. Foster Care Education Program and Training

Section 1-9-117. Report Concerning Employee of Department or Child-placing Agency

Section 1-9-118. Written Agreement with Foster Care Placement Provider - Information Provided to Foster Parents - Supervision of Places Children

Section 1-9-119. Statement of Foster Parent’s Rights

Section 1-9-120. Grievance Procedures—Minimum Requirements - Maintenance of Records - Right to Present Grievances

Section 1-9-121. Declarations and Findings of Tribal Council

Section 1-9-122. Supported Guardianshi

CHAPTER X. UNIFORM PARENTAGE ACT

Article 1. General Provision

Section 1-10-101. Citation

Section 1-10-102. Definitions

Section 1-10-103. Scope of Act - Choice of law - Jurisdiction of the District Court

Article 2. Parent - Child Relationship

Section 1-10-201. Establishment of Parent - Child Relationship

Section 1-10-202. Equal Rights of Marital and Nonmarital Children

Section 1-10-203. Application of Established Parent - Child Relationship

Section 1-10-204. Presumption of Paternity

Article 3. Acknowledgement of Paternity

Section 1-10-301. Voluntary Acknowledgment of Paternity

Section 1-10-302. Requirements of Acknowledgment—Void and Voidable Acknowledgment

Section 1-10-303. Denial of Paternity – Validity

Section 1-10-304. Execution of Acknowledgment and Denial - Effective date - Execution by Minors

Section 1-10-305. Effect of Acknowledgment or Denial

Section 1-10-306. Reserved

Section 1-10-307. Rescission of Acknowledgment or Denial

Section 1-10-308. Proceeding to Challenge Acknowledgment or Denial - Commencement - Burden of Proof

Section 1-10-309. Proceeding to Challenge Acknowledgment or Denial – Procedure

Section 1-10-310. Ratification of Unchallenged Acknowledgment Prohibited

Section 1-10-311. Full Faith and Credit

Article 4. Reserved

Article 5 Genetic Testing

Section 1-10-501. Scope of Article

Section 1-10-502. Order for Genetic Testing - Order for In Utero Testing not Allowed

Section 1-10-503. Requirements of Testing - Objection to Calculation – Retesting

Section 1-10-504. Report of Testing—Chain of Custody

Section 1-10-505. Identification of father - Rebuttal

Section 1-10-506. Cost of Genetic Testing - Reimbursement of Costs Advanced by Department

Section 1-10-507. Additional Testing of Man Previously Identified by Genetic Testing as Father

Section 1-10-508. Others Who May be When Testing Specimen is Unavailable from Man Who May be Father

Section 1-10-509. Testing of a Deceased Individual

Section 1-10-510. Identical Brothers - Testing—Non-Genetic Evidence to Determine Father

Section 1-10-511. Release of Report of Genetic Testing

Article 6. Proceedings to Adjudicate Parentage

Part 1. Nature of Proceeding

Section 1-10-601. Civil Proceeding to Adjudicate Parentage

Section 1-10-602. Who May Maintain Proceeding to Adjudicate Parentage

Section 1-10-603. Who may be Joined

Section 1-10-604. Personal Jurisdiction

Section 1-10-605. Venue

Section 1-10-606. Commencement of Proceeding - Child Attaining Adulthood - Earlier Proceeding

Section 1-10-607. Limitation of Actions

Section 1-10-608. Circumstances Requiring and Effect of Denial of Motion for Genetic Testing - Factors - Incapacitated or Minor Child

Section 1-10-609. Time Limitation for Commencing Proceeding - Signatory to Acknowledgement of Paternity – Others

Section 1-10-610. Joinder of Proceedings

Section 1-10-611. Commencement of Proceedings before Birth of Child - Actions that may be taken before Child’s Birth

Section 1-10-612. Child not Necessary Party - Guardian Ad Litem

Part 2. Special Rules for Proceeding to Adjudicate Parentage

Section 1-10-621. Admissibility of Records - Genetic Testing Experts - Admissibility of Results of Genetic Testing and Copies of Bills

Section 1-10-622. Contempt of Testing Order - Refusal to Submit to Testing - Failure to Answer or Appear - Testing of Mother

Section 1-10-623. Admission of Paternity

Section 1-10-624. Temporary Order for Support - Custody and Visitation

Part 3. Hearings and Adjudications

Section 1-10-631. Rules to Adjudicate Paternity of a Child

Section 1-10-632. Court Shall Adjudicate Paternity

Section 1-10-633. Close of Proceedings - Availability of Final Order and Other Papers and Records

Section 1-10-634. Order Adjudicating Paternity - When Issued

Section 1-10-635. Dismissal for Want of Prosecution must be Without Prejudice

Section 1-10-636. Orders - Assessment of Fees and Costs - Child’s Surname - Amended Birth Certificate

Section 1-10-637. Upon Whom Determination of Parentage is Binding – Other Proceedings - Defensive Use – Appeal.

Article 7. Reserved

Article 8. Reserved

Article 9. Miscellaneous Provisions

Section 1-10-901. Application and Construction of Act - Uniformity of Law

Section 1-10-902. Effect of Act on Proceedings Commenced or Executed Before Effective Date of Act

Section 1-10-903. Custody of Child Born Out of Wedlock

CHAPTER XI. KINSHIP GUARDIANSHIP ASSITANCE PROGRAM

Section 1-11-101. Eligibility

Section 1-11-102. Payments

Section 1-11-103. Agreements

Section 1-11-104. Safety

Section 1-11-105. Case Plan Requirements

Choctaw Nation Adoption Code:

Article 1. Policy and General Definitions

Section 1-1.1. Short Title--Composition of Code

Section 1-1.2

Section 1-1.3. Definitions

Article 2. Jurisdiction, Venue and Choice of Law

Section 2-1.1. Jurisdiction

Section 2-1.2. Venue

Section 2-1.3 Jurisdiction

Section 2-1.4 Adoptions Issued by Foreign Countries, States, or Other Tribes

Article 3. Adoption of Minors

Section 3-1.1 Eligibility to Adopt

Section 3-1.2. Written Adoption Full-Disclosure Statement – Signatures

Section 3-2.1. Who May Consent

Section 3-2.2. When Consent May be Given

Section 3-2.3. Permanent Relinquishments

Section 3-2.4. Contents of Consent to Adoption

Section 3-2.5. Acknowledgment of Consent to Adoption or Permanent Relinquishment before Judge - Affidavit of Nondisclosure

Section 3-2.6. Extrajudicial Consent

Section 3-2.7. Setting Aside Permanent Relinquishment or Consent to Adoption

Section 3-3.1. Notice of Plan for Adoption

Section 3-3.2. Notice of Filing of Paternity Action by Putative Father

Section 3-4.1. Temporary Orders of Custody

Article 4. Medical and Social Histories

Section 4-1.1. Medical and Social History Report

Section 4-1.2. Disclosure

Article 5. Adoption Proceedings

Section 5-1.1. Confidential Character of Hearings and Records – Release – Exceptions – Misdemeanor

Section 5-1.2. Appointment of Attorney and Guardian Ad Litem

Section 5-1.3. Court Clerk or Deputy May Affix Signature of Judge to Order and Notice of Hearing

Section 5-1.4. Priority on docket--Proceedings to be Expedited

Section 5-1.5. Visitation Agreements Between Child, Adoptive Parents and Birth Relative

Section 5-2.1. Pre-Adoption Termination of Parental Rights

Section 5-3.1. Contents

Section 5-3.2. Costs, Funds, or Monies Expended by Adoptive Family – Disclosure

Section 5-4.1. Application – Notice – Hearing – Order – Appeal

Section 5-4.2. Exceptions to Requirement of Parental Consent

Section 5-4.3. Inquiry to Identify Unknown or Putative Father

Section 5-5.1. Favorable Pre-Placement Home Study Required – Waiver – Exception - Placement Not Approved in Certain Circumstances

Section 5-5.2. Subsequent Home Study – Waiver

Section 5-5.3. Contents of Home Study

Section 5-5.4. Persons or Agencies Authorized to Conduct Home Studies

Section 5-6.1. Interlocutory Decree

Section 5-6.2. Filings Required Prior to Final Hearing

Section 5-6.3. Application for Final Decree - Waiver of Interlocutory Decree and Waiting Period--Notice of Hearing – Appearance - Entry of Final Decree

Section 5-6.4. Denial of Petition for Adoption

Section 5-6.5. Effect of Final Decree--Grandparental Rights

Section 5-6.6. Certificate of adoption--Supplementary birth certificate--Sealed records - Disclosure of original records

Section 5-7.1. Appeals

Section 5-7.2. Limitations on Challenge to Adoption or Termination of Parental Rights - Effect of Appeal - Best Interests of Child

Section 5-8.1. Adoption Dissolution Statistics to be Published

Article 6. Paternity Registry

Section 6-1.1. Paternity Registry

Section 6-1.2. Revocation of Notice of Intent to Claim Paternity - Removal of Registrant’s Name from Registry

Article 7. Adult Adoptions

Section 7-1.1. Adult Adoptions

Article 8. Records Retention

Section 8-1.1. Records retention

Article 9. General Provisions

Section 9-1.1. Conditions for Discharges of Infants from Medical Facilities

Section 9-1.2. Confidential Index of Birth and Adoptive Names

Article 10. Adoption Exchange

Section 10-1.1. Department of Children and Family Services to Contract or Join with Adoption Exchange - Information to be Provided – Definitions

Section 10-1.2. Photograph and Description of Child to be Provided to Exchange

Section 10-1.3. Exemptions

Section 10-1.4. Change in Status of Child Listed by Exchange

Section 10-2.5. Withdrawal of Child from Register

Article 11. Interstate Compact for the Placement of Children

Section 11-1.1 Interstate Compact for the Placement of Children

Article I. Purpose

Article II. Definitions

Article III. Applicability

Article IV. Jurisdiction

Article V. Placement Evaluation

Article VI. Placement Authority

Article VII. Placing Agency Responsibility

Article VIII. Interstate Commission for the Placement of Children

Article IX. Powers and Duties of the Interstate Commission

Article X. Organization and Operation and Operation of the Interstate Commission

Article XI. Rulemaking Functions of the Interstate Commission

Article XII. Oversight, Dispute Resolution, Enforcement

Article XIII. Financing of the Commission

Article XIV. Member States, Effective Date and Amendment

Article XV. Withdrawal and Dissolution

Article XVI. Severability and Construction

Article XVII. Binding Effect of Compact and Other Laws

Article XVIII. Indian Tribes

Article 11.2 Adoptions Beyond Territorial Boundaries

Article 12. Adoption Assistance Agreements

Section 12-1.1 Adoption Assistance Agreements

Section 12-1.2 Child with Special Needs

Section 12-1.3 Adoption Assistance Payments – Eligibility

Section 12-1.4 Adoption Assistance Payments – Amount

Section 12-1.5 Adoption Assistance Payments – Termination

Section 12-2.1 Insurance Required

Section 12-2-2 Previously Adopted Children

Section 12-2.3. Kinship Guardianship Assistance

Code of Civil Procedure:

Chapter 1. Preliminary Provisions.

Section 1. Title of Chapter.

Section 2. Force of Common Law and Effect of Tribal Custom.

Section 3. Legislative Purpose .

Section 4. Reserved.

Section 5. Reserved.

Section 6. Reserved.

Section 7. Reserved.

Section 8. Reserved.

Section 9. Reserved.

Section 10. Reserved.

Section 11. Reserved.

Section 12. Reserved.

Section 13. Reserved.

Section 14. Reserved.

Section 15. Reserved.

Section 16. Reserved.

Section 17. Reserved.

Section 18. Reserved.

Chapter 1B. Professional Negligence.

Section 19. Affidavit of Consultation with Qualified Expert--Extension--Exemption

Section 20. Reserved.

Chapter 2. General Provisions

CLERK; RECORDS.

Section 21. Reserved.

Section 22. Books to be Kept by the District Court Clerk.

Section 23. Appearance Docket.

Section 24. Journal Record--Instruments to be Entered.

Section 24.1 Disposal of Records.

Section 25. Reserved.

Section 25.1. Reserved.

Section 26. Reserved.

Section 27. Clerk May Collect Judgment and Costs.

Section 28. Clerks to Issue Writs and Orders—Preparation.

Section 29. Clerks to File and Preserve Papers—Refusal to File Sham Legal Process.

Section 30. Each Case to be Kept Separate--Correction of Case Number or other Identifying Data.

Section 31. Endorsements.

Section 31.1. Removal of Records or Files from the Office of the Court Clerk.

Section 32. Entry on Return of Summons.

Section 32.1. Material for Record.

Section 32.2. Reserved.

Section 32.3. Reserved.

Section 33. Clerk to Keep Court Records, Books and Papers--Statistical and Other Information for the Court of Appeals and the Tribal Council.

Section 34. Applicable to What Courts.

Section 35. Powers and Duties of Clerks--Statistical and Other Information for the Court of Appeals and the Tribal Council.

Section 35.1. Reserved.

Section 36. Reserved.

Section 37. Reserved.

Section 38. Seal of the Clerk of the District Court

Section 39. Reserved.

Section 40. Reserved.

Section 41. Reserved.

Section 42. Reserved.

Section 43. Reserved.

Section 44. Reserved.

Section 45. Reserved.

Section 46. Reserved.

Section 47. Reserved.

Section 48. Reserved.

Section 49. Reserved.

Section 50. Reserved.

PROCESS, SUMMONS, SUBPOENAS AND SERVICE.

Section 51. Style of Process

Section 52. Appointment of a Substitute for Service of Process.

Section 53. Tribal Police or Process Server to Endorse the Time of Receipt on Process.

Section 54. Tribal Police or Process Server must Execute and Return Process—Penalties for Failure to Execute or Return Process.

Section 55. Reserved.

Section 56. Reserved.

Section 57. Reserved.

Section 58. Reserved.

Section 59. Reserved.

Section 60. Reserved.

BONDS -- SURETIES

Section 61. Justification of Surety

Section 62. Qualifications of Surety

Section 63. Real Estate Mortgage as Bond

Section 64. Valuation of Real Estate

Section 65. Reserved.

Section 66. Tribe as a Party--Bond Not Required--Automatic Stay--Payment of Costs

Section 67. Reserved.

Section 68. Appearance Bond--Application of Penalty--Right to Enforce

Section 69. Reserved.

Section 70. Reserved.

MISCELLANEOUS PROVISIONS

Section 71. Deputy May Perform Official Duties

Section 72. Affirmation

Section 73. Reserved.

Section 74. Court of Appeals Rules

Section 75. Publications in ―Patent Insides‖

Section 76. Action on Official Bond

Section 77. May be Several Actions on Same Security

Section 78. Immaterial Errors to be Disregarded

Section 79. Reserved.

Section 80. Reserved.

Section 81. Payments into Court for Minor or Incompetent Person--Disposition

Section 82. Reserved.

Section 83. Conserving Monies Obtained for or on Behalf of Persons under Eighteen Years of Age in Court Proceedings.

Section 84. Reserved.

Section 85. Reserved.

Section 86. Reserved.

Section 87. Reserved.

Section 88. Reserved.

Section 89. Reserved.

Section 90. Reserved.

Chapter 2A.--Appendix. Rules for the District Court.

Rule 1. Effect of Code on Pending Actions.

Rule 2. Service and Proof of Service

Rule 3. Objections to Service and Venue.

Rule 4. Motions.

Rule 4.1. Time to Assert Various Claims.

Rule 5. Pretrial Proceedings.

Rule 7. Motions to Confirm Sales.

Rule 8. Dissolution of Marriage, Separate Maintenance and Annulment Cases; Waivers.

Rule 8.1. Payment of Certain Fees and Costs through the Office of the Court Clerk.

Rule 8.2. Reserved.

Rule 8.3. Indirect Contempt for Failure to Pay Child Support--Purge Fee.

Rule 9. Diligence in Prosecution.

Rule 10. Notice of taking Default Judgment.

Rule 11. Judges; Uniformity of Rulings.

Rule 12. Reserved.

Rule 13. Summary Judgment or Summary Disposition of Issues

Rule 14. Reserved.

Rule 15. Disqualification of Judges in Civil and Criminal Cases.

Rule 16. Default Judgment against defendant Served Solely by Publication.

Rule 17. Motion for New Trial.

Rule 18. Parole Revocation—Juveniles.

Page 5 of 359 CB-91-11 Rule 19. Vacation of Final Judgments.

Rule 20. Direct Contempt.

Rule 21. Reserved.

Rule 22. Garnishee Summons.

Rule 23. Orders of Attachment.

Rule 24. Reserved.

Rule 25. Reserved.

Rule 27. Matters Taken Under Advisement.

Rule 28. Reserved.

Rule 29. Indigent defendant in Civil Contempt Action--Right to Counsel--Attorney Fees.

Rule 30. Reserved.

Chapter 3. Limitation of Actions.

Section 91. Actions Barred not Revived.

Section 92. Limitations Applicable.

Section 93. Limitations of Real Actions

Section 94. Persons under Disability--Time to Sue to Recover Realty.

Section 95. Limitation of Other Actions.

Section 96. Persons under Disability in Actions other than to Recover Realty--Exceptions-- Personal Injury to Minor Arising from Medical Malpractice.

Section 97. Reserved.

Section 98. Absence or flight of defendant--Effect of other laws.

Section 99. Reserved.

Section 100. Limitation of New Action after Reversal or Failure Otherwise than on the Merits.

Section 101. Extension of Limitation--Part Payment, Acknowledgment or New Promise.

Section 102. Statutory Bar Absolute—Exception.

Chapter 4. Reserved.

Chapter 5. Reserved.

Chapter 6. Reserved.

Chapter 7. Parties.

Section 221. Parties, Plaintiff and defendant; Capacity.

Section 222. Joinder of Claims, Remedies, and Actions.

Section 223. Joinder of Persons Needed for Just Adjudication.

Section 224. Permissive Joinder of Parties.

Section 225. Misjoinder and Non-Joinder of Parties.

Section 226. Interpleader.

Section 228. Intervention.

Section 229. Substitution of Parties.

Chapter 8. Reserved.

Chapter 9. Reserved.

Chapter 10. Evidence.

Section 421. Modes of Taking Testimony.

Section 422. Affidavit defined.

Section 423. Reserved.

Section 424. Reserved.

Section 425. Reserved.

Section 426. Statement under Penalty of Perjury.

AFFIDAVITS AND DEPOSITIONS

Section 431. Use of Affidavit.

Section 432. Where and before whom taken.

Chapter 11. Trial.

Section 551. Trial Defined.

Section 552. How Issues Arise—Kinds of Issues.

Section 553. Reserved.

Section 554. Reserved.

Section 555. Reserved.

Section 556. Trial of Issues.

Section 557. Reserved.

Section 558. Reserved.

Section 559. Reserved.

Section 560. Reserved.

Section 561. Reserved.

Section 562. Reserved.

Section 563. Reserved.

Section 564. Reserved.

Section 565. Reserved.

Section 566. Reserved.

Section 567. Reserved.

Section 568. Reserved.

Section 569. Reserved.

Section 570. Reserved.

Section 571. Reserved.

Section 572. Reserved.

Section 573. Reserved.

Section 574. Reserved.

Section 575. Reserved.

Section 576. Reserved.

Section 577. Order of Trial.

Section 578. Reserved.

Section 579. Reserved.

Section 580. Reserved.

Section 581. Reserved.

Section 582. Reserved.

Section 583. Reserved.

Section 584. Retrial.

Section 585. Reserved.

Section 586. Reserved.

Section 588. Proof of Official Record.

Section 589. Determination of Foreign Law.

Section 590. Appointment and Duties of Masters.

Section 591. Reserved.

Section 592. Reserved.

Section 593. Reserved.

Section 594. Reserved.

Section 595. Reserved.

Section 596. Reserved.

Section 597. Reserved.

Section 598. Reserved.

Section 599. Reserved.

Section 600. Reserved.

Section 601. Reserved.

Section 602. Reserved.

Section 603. Reserved.

Section 604. Reserved.

Section 605. Reserved.

Section 606. Reserved.

Section 607. Reserved.

Section 608. Reserved.

Section 609. Reserved.

Section 610. Reserved.

Section 611. Statement of Findings and Conclusions of Law.

Section 612. Reserved.

Section 613. Reserved.

Section 614. Reserved.

Section 615. Reserved.

Section 616. Reserved.

Section 617. Reserved.

Section 618. Reserved.

Section 619. Reserved.

Section 620. Reserved.

Section 621. Reserved.

Section 622. Reserved.

Section 623. Reserved.

Section 624. Reserved.

Section 625. Reserved.

Section 626. Reserved.

Section 627. Reserved.

Section 628. Reserved.

Section 629. Reserved.

Section 630. Exceptions—How Taken to Action of the Court.

Section 631. Reserved.

Section 632. Reserved.

Section 633. Reserved.

Section 634. Reserved.

Section 635. Reserved.

Section 636. Reserved.

Section 637. Reserved.

Section 638. Reserved.

Section 639. Reserved.

Section 640. Reserved.

Section 641. Reserved.

Section 642. Reserved.

Section 643. Reserved.

Section 644. Reserved.

Section 645. Reserved.

Section 646. Reserved.

Section 647. Reserved.

Section 648. Reserved.

Section 649. Reserved.

Section 650. Reserved.

Section 651. New Trial—Definition—Causes for.

Section 652. Reserved.

Section 653. Time for Filing Application for New Trial.

Section 654. Making of Application—Affidavits.

Section 655. Petition for New Trial.

Section 656. Reserved.

Section 657. Reserved.

Section 658. Reserved.

Section 659. Reserved.

Section 660. Reserved.

Section 661. Rate of Damages Recoverable.

Chapter 12. Judgment.

Section 681. Judgment defined.

Section 682. Judgment Given for or against Several Persons; Petition Dismissal; Costs.

Section 683. Default Judgment.

Section 684. Offer of Judgment.

Section 685. Judgment for Specific Acts; Vesting Title.

Section 686. Summary Judgment.

Section 687. Entry of Judgment.

Section 688. New Trials; Amendments of Judgments.

Section 689. Relief from Judgment or Order.

Section 690. Harmless Error.

Section 691. Stay of Proceedings to Enforce a Judgment.

Section 692. Disability of a Judge.

Section 693. Judgment against Infant.

Section 694. Judgment as Liens.

Section 695. Discharge of Money Judgment Liens.

Section 696. Additional Cash Deposits.

Section 696.1. Reserved.

Section 696.2. Judgment, Decree or Appealable Order to be Written; Preparation of Written Documents; Filing; Mailing; Effect.

Section 696.3. Judgments, Decrees and Appealable Orders that are Filed Should contain the following.

Section 696.4. Provision for Costs, Attorney Fees, and Interest.

Section 697. Reversal by Court of Appeals.

Section 698. Reserved.

Section 699. Interest on Money Judgment.

Section 700. Exempt Property; Homestead; Area and Value; Indian Allottees; Temporary Renting.

Chapter 13. Provisional and Final Remedies and Special Proceedings.

Section 731. Seizure of Person or Property.

Section 732. Receivers Appointed by the Courts.

Section 733. Deposit in Court.

Section 734. Process on Behalf of and Against Persons not Parties.

Section 735. Security; Proceedings against Sureties.

Section 736. Execution.

Section 737. Injunction Defined.

Section 738. Cause for Injunction; Temporary Restraining Order.

Section 739. Temporary Restraining Order; Notice; Hearing; Duration.

Section 740. Temporary Restraining Order; Service.

Section 741. Preliminary Injunction.

Section 742. Preliminary Injunction; Criteria.

Section 743. Form and Scope of Injunction or Restraining Order.

Section 744. Employer and Employee; Interpleader; Constitutional Cases.

Section 745. Security.

Section 746. Use of Affidavits.

Section 747. Injunction by defendant.

Section 748. Injunction is Equitable.

Section 749. Modification of Preliminary Injunction.

Section 750. Modification of Permanent Injunction; Separate Action.

Section 751. Injunctions Tried to the Court.

Section 752. Enforcement of Restraining Orders and Injunctions.

Section 753. Order of Delivery; Procedure.

Section 754. Penalty for Damage of Property Subject to Order of Delivery.

Section 755. Undertaking in Replevin.

Section 756. Replevin Bond; Value.

Section 757. Order of Delivery.

Section 758. Order Returnable.

Section 759. Execution of Order.

Section 760. Re-delivery on Bond.

Section 761. Exception to Sureties.

Section 762. Proceedings on Failure to Prosecute Action.

Section 763. Judgment; Damages; Attorney Fees.

Section 764. Officer May Break into Buildings.

Section 765. Compelling Delivery by Attachment.

Section 766. Improper Issue of Order of Delivery.

Section 767. Joinder of Cause of Action for Debt; Stay of Judgment.

Section 768. Grounds for Attachment.

Section 769. Attachment Affidavit.

Section 770. Attachment Bonds.

Section 771. Order of Attachment.

Section 772. When Returnable.

Section 773. Order of Execution.

Section 774. Execution of Attachment Order.

Section 775. Service of Order.

Section 776. Re-delivery on Bond.

Section 777. Nature of Garnishment.

Section 778. When Garnishment Available after Judgment; Written Directions Relating to Order of Garnishment.

Section 779. Answer of Garnishee; Form; Instructions

Section 780. Effects of Offsets Claimed by Garnishee.

Section 781. Trial.

Section 782. Judgment in Garnishment Proceedings.

Section 783. Bond of Defendant for Payment of Judgment

Section 784. Forms to be used.

Section 785. Child Support Payment; Income Assignment or Garnishment Proceedings.

Section 786. Income Assignment Proceedings.

Section 787. Payments Pursuant to Income Assignment.

Section 788. Appointment of Receiver.

Section 789. Persons Ineligible.

Section 790. Oath and Bond.

Section 791. Powers of Receiver.

Section 792. Investment of Funds.

Section 793. Disposition of Property Litigated.

Section 794. Punishment for Disobedience of Court.

Section 795. Vacation of Appointment by Court of Appeals.

Section 796. Definitions of Direct Contempt of Court and Indirect Contempt of Court.

Section 797. Judge’s Power to Cite Contempt; Impose Censure; Notice and Opportunity; Sanction

Section 798. Punishment for Contempt; Failure to Comply Child Support and other Orders.

Section 799. Indirect Contempts; Notice; Appearance Bond.

Section 800. Violation of Child Custody Court Order; Defense; Emergency Or Protective Custody.

Section 801. Substance of Offense Made Part of Record

Chapter 14. Reserved.

Chapter 15. Appeal and Error.

Section 951. Judgment by Court Inferior in Jurisdiction to District Court.

Section 952. Jurisdiction of Court of Appeals.

Section 953. Final Order Defined.

Section 954. Reserved.

Section 955. Reserved.

Section 956. Reserved.

Section 957. Reserved.

Section 958. Reserved.

Section 959. Reserved.

Section 960. Reserved.

Section 961. Reserved.

Section 962. Reserved.

Section 963. Reserved.

Section 964. Reserved.

Section 965. Reserved.

Section 966. Reserved.

Section 967. Reserved.

Section 968. Reserved.

Section 969. Reserved.

Section 970. Reserved.

Section 971. Reserved.

Section 972. Reserved.

Section 973. Reserved.

Section 974. Reserved.

Section 975. Reserved.

Section 976. Reserved.

Section 977. Reserved.

Section 978. Recovery of Costs When Judgment or Final Order is Reversed.

Section 978.1. Recovery of Costs for review of Certain Interlocutory Orders on Appeal or on Certiorari. 136 Section 979. Mistake, Neglect, or Omission of Clerk.

Section 980. Writs of Error and Certiorari Abolished.

Section 981. Reserved.

Section 982. Reserved.

Section 983. Reserved.

Section 984. Reserved.

Section 985. Reserved.

Section 986. Reserved.

Section 987. Reserved.

Section 988. Reserved.

Section 989. Reserved.

Section 990. Reserved.

Section 990A. Appeal to the Court of Appeals; Filing of Petition; Rules; Procedure; Dismissal.

Section 990.1. Jurisdiction of Court of Appeals.

Section 990.2. Post-Trial Motions; Matters Taken Under Advisement; Costs; Attorney Fees; and Interest.

Section 990.3. Judgment of Money; Relief other than the Payment of Money; Applicability of Provisions; Ten Day Stay.

Section 990.4. Stay of Enforcement of Judgment, Decree, or Final Order.

Section 990.5. Automatic Stay.

Section 991. Right to Perfect Appeal to the Court of Appeals without Filing Motion for New Trial; Exemption.

Section 992. Errors in Perfecting Appeal Must Be Raised Promptly; Waiver of Defect or Error.

Section 993. Appeals from Certain Interlocutory Orders; Undertaking.

Section 994. Procedure when there is more than one claim or party; Final Judgment.

Section 995. Dismissal of Frivolous Appeals; Sanctions.

Chapter 16. Trial Court Vacation and Modification of Judgments.

Section 1031. Power to Vacate or Modify its Judgments; Timing.

Section 1031.1. Motions to Correct, Open, Modify, or Vacate Judgment.

Section 1032. Mistakes or Omissions of the Court Clerk.

Section 1033. Motions after Thirty (30) Days.

Section 1034. Liens and Securities Preserved.

Section 1035. Order Suspending Proceedings.

Section 1036. Judgment before Trial.

Section 1037. Time Limitations.

Chapter 17. Survival and Abatement of Actions.

Section 1051. Additional Causes of Action.

Section 1052. Actions which Abate on Death of a Party.

Section 1053. Wrongful Death—Limitation of Actions—Damages.

Section 1054. Cause of Action Brought by Widow or Next of Kin.

Section 1055. Death of a Child.

Chapter 18. Revivor of Action.

Section 1081. Death of Party after Judgment.

Section 1082. Dissolved Partnerships.

Section 1083. Dismissal of any Actions in which no Pleadings have been Filed for a Year.

Section 1084. Enforcement of Contracts or Obligations.

Section 1085. Death of Nonresident.

Chapter 19. Miscellaneous Proceedings.

Section 1101. Offer—Acceptance by Plaintiff—Notice—Filing.

Section 1101.1 Actions for Person Injury, Wrongful Death and Certain Specified Actions— Other Actions—Evidence—Applicability—Severability.

Section 1102. Making of Offer Not Cause for Continuance or Postponement.

Section 1103. Agreement on Facts in Case—Submission of Same—Real Controversy and Good Faith Proceedings.

Section 1104. Case, Submission and Copy of Judgment Constitute Record.

Section 1105. Judgment—Enforcement—Subject to Reversal.

Section 1106. Defendant may offer in Court to Confess Judgment for Part of the Amount Claimed.

Section 1107. Action by Surety against Principal.

Section 1108. Action by Surety for Indemnification before Liability is Due.

Section 1109. Provisional Remedies for Surety.

Section 1110. Reserved.

Section 1111. Reserved.

Section 1112. Reserved.

Section 1113. Reserved.

Section 1114. Reserved.

Section 1115. Reserved.

Section 1116. Definition of Order.

Section 1117. Orders Made out of Court—Entered by Clerk.

Section 1118. Authorization of Judges to Hear and Determine Motions and Exercise Control.

Chapter 20. Actions Regarding Real Propert y

ACTIONS TO QUIET TITLE.

Section 1141. Action to Quiet Title—Joinder with Action for Possession—Adverse Interests.

NONJUDICIAL MARKETABLE TITLE PROCEDURES ACT.

Section 1141.1. Short Title.

Section 1141.2. Definitions

Section 1141.3. Alternate Procedures to Quiet Title to Remove Apparent Cloud on Title.

Section 1141.4. Preparation and Transmittal of Notice—Response to Notice—Clarification of Notice.

Section 1141.5. Liability for Damages, Costs, and Attorney Fees.

Actions to Recover Real Property.

Section 1142. Actions for Recovery of Real Property.

Section 1143. Denial by Defendant of Title.

Section 1144. In an Action brought by Tenant against a Cotenant.

Section 1145. Plaintiff’s Right to Recover.

Section 1146. Matter of Right to one Trial—New Trial.

Section 1147. Reserved.

INTERESTS AND CLAIMS BY PERSONS NOT IN BEING

Section 1147.1. Persons Not in Being—Possible Future Interest—Proceeds of Sale Held in Trust.

Section 1147.2. Undivided Interests.

Section 1147.3. All Interested Persons to be Made Party to Proceedings in Sale of Real Estate—Mortgages—Guardian or Guardian Ad Litem.

Section 1147.4. Public or Private sale—Trustee—Terms of Sale—Return—Trustee’s Deed— Confirmation.

Section 1147.5. Proceeds of Sale a Trust—Trustee—Term—Distribution of Monies.

Section 1147.6. Fees and Costs—Compensation for Guardian or Guardian Ad Litem.

FORCIBLE ENTRY AND DETAINER

Section 1148.1. Jurisdiction—Forcible Entry and Detention—Joinder of Actions—Judgments No Bar.

Section 1148.2. Powers of Court.

Section 1148.3. Extent of Jurisdiction.

Section 1148.4. Issuance and Return of Summons—Contents

Section 1148.5. Service of Summons.

Section 1148.5A. Constructive Service of Summons.

Section 1148.6. Answer or Affidavit by Defendant.

Section 1148.7. Trial by Court.

Section 1148.8. Reserved.

Section 1148.9. Attorney Fee.

Section 1148.10. Writ of Execution—Form—New Trial.

Section 1148.10A. Stay of Execution by Posting Supersedeas Bond—Failure to Post Bond— Payment of Current Rentals.

Section 1148.11 Reserved.

Section 1148.12. Reserved.

Section 1148.13. Reserved.

Section 1148.14. Forcible Entry and Detainer Actions not Exceeding Jurisdictional Amount for Small Claims Court—Small Claims Docket.

Section 1148.15. Affidavit—Form.

Section 1148.16. Summons—Form.

Chapter 21. Reserved.

Chapter 22. Reserved.

Chapter 23. Habeas Corpus.

Section 1331. Every Person Restrained of his Liberty May Prosecute a Writ of Habeas Corpus.

Section 1332. Specifications for Application for the Writ—Made by Petition, Signed and Verified by Plaintiff or Some Person in Plaintiff’s Behalf.

Section 1333. Granting of Writ.

Section 1334. Writ Directed to Officer having Person under Restraint.

Section 1335. Writ Directed to Tribal Police—Delivered by Clerk.

Section 1336. Tribal Police to Serve Writ if Directed to any other person.

Section 1337. Service of Writ.

Section 1338. Immediate Return—Enforcement of Obedience by Attachment.

Section 1339. Return to be Signed and Verified—Contents.

Section 1340. Decision of Judge to Decide on Return.

Section 1341. Court or Judge to Hear and Determine Cause—Discharge.

Section 1342. Inquiry into Legality of Judgment or Process when Party is in Custody or Term of Commitment has not expired.

Section 1343. Discharge from Order of Commitment.

Section 1344. Purpose of Letting Prisoner to Bail.

Section 1345. Notification of Interested Party.

Section 1346. Powers of Court.

Section 1347. Liability of Tribal Police for Civil Actions.

Section 1348. Illegal Restraint—Carrying out of jurisdiction of Court—Warrant.

Section 1349. Command for Apprehension of Person Charged with Causing the Illegal Restraint.

Section 1350. Manner of Execution of Writ

Section 1351. Temporary Orders.

Section 1352. Issuance and Service on Sunday in Case of Emergency.

Section 1353. Issuance, Service and Return of Process.

Section 1354. Favor of Parents, Guardians, Masters, Husbands and Wives—Enforcement of Rights for Protection of Infants and Insane.

Section 1355. Habeas Corpus—No Deposit or Security for Costs Upon Initial Application— Payment.

Chapter 24. Reserved.

Chapter 25. Slander and Libel.

Section 1441. Definition of Libel.

Section 1442. Definition of Slander.

Section 1443. Privileged Communication Defined—Exemption from Libel.

Section 1444. Pleading—Proof—Defenses.

Section 1445. Article Published in Good Faith—Retraction.

Section 1446. Reserved.

Section 1447.1. Limitation of Liability of Owners, Etc. of Television or Radio Stations or Networks.

Section 1447.2. No Liability for Statements of Candidates for Political Office.

Section 1447.3. Actual or Punitive Damages.

Section 1447.4. Recording and Preservation of Political Utterances.

Section 1447.5. False Statements must be counteracted by True Statements upon Request.

Section 1448. The Deceased’s Right of Publicity.

Section 1449. Unauthorized Use of Another Person’s Right of Publicity.

Chapter 25. Reserved.

Chapter 26. Mandamus.

Section 1501. Petition for Partition—Contents.

Section 1502. Contents of Reasonable Certainty in Petition.

Section 1503. Creditors with Specific or General Liens may be Made Parties.

Section 1504. Answer—Contents.

Section 1505. Court shall Make Order Specifying Interests of Respective Parties.

Section 1506. Appointment of Commissioners to Make Partition.

Section 1507. Commissioners to Allot Portions.

Section 1508. Commissioners to Take and Subscribe an Oath.

Section 1509. Duty of Commissioners—Report—Notice of Time Limit for Filing Exception or Election.

Section 1510. Filing of Exceptions to Report—Setting Aside of Report.

Section 1511. Judgment.

Section 1512. Purchase at Appraised Value.

Section 1513. Order for Tribal Police to Sell Property.

Section 1514. Return of Proceedings—Tribal Police to Execute Deed.

Section 1515. Costs, Attorney’s Fees and Expenses.

Section 1516. Power of Court to Make Order.

Section 1517. Sale of Property that cannot be Partitioned—Procedure.

Chapter 29. Quo Warranto.

Section 1531. Quo Warranto Abolished—Relief Obtainable by Civil Action—Maintenance by Contestants for Office.

Section 1532. Action to be Brought in the Court of Appeals or District Court, in the following cases. Section 1533. Prosecution in the Name of the Choctaw Nation or Person Bringing the Action.

Section 1534. Judgment in Case Contesting Right to Office.

Section 1535. Judgment in Favor of Plaintiff.

Section 1536. Refusal or Neglect of Defendant to Deliver Books and Papers.

Section 1537. Separate Action for Damages.

Chapter 30. Reserved.

Chapter 31. Reserved.

Chapter 32. Reserved.

Chapter 33. Reserved.

Chapter 34. Reserved.

Chapter 35. Reserved.

Chapter 36. Small Claims Procedure Act.

Section 1751. Suits Authorized Under Small Claims Procedure.

Section 1752. Reserved.

Section 1753. Small Claims Affidavit—Form—Filling.

Section 1754. Preparation of Affidavit—Copies.

Section 1755. Service of Affidavit and Order upon Defendant.

Section 1756. Date for Appearance of Defendant.

Section 1757. Transfer of Actions from Small Claims Docket to another Docket.

Section 1758. Counterclaim or Setoff by Verified Answer.

Section 1759. Claims, Counterclaims, or Setoffs in Excess of Six Thousand Dollars.

Section 1760. Attachment or Garnishment—Depositions—Interrogatories—New Parties— Intervention.

Section 1761. Trial by Court—Request for Court Reporter—Evidence—Informality.

Section 1762. Payment of Judgment.

Section 1763. Appeals.

Section 1764. Fees.

Section 1765. Costs.

Section 1766. Citation.

Section 1767. Reserved.

Section 1768. Reserved.

Section 1769. Reserved.

Section 1770. Small Claims Judgment as Lien—Filing—Release—Notice—Costs.

Section 1771. Reserved.

Section 1772. Processing and Collecting Judgment—Failure to Satisfy Judgment.

Section 1773. Failure to File Pleadings—Dismissal of Action without Prejudice.

Chapter 37. Reserved.

Chapter 38. Reserved.

Chapter 39. Pleading Code.

COMMENCEMENT OF ACTION.

Section 2001. Scope of the Pleading Code.

Section 2002. Reserved.

Section 2003. Commencement of Action.

Section 2004. Process.

Section 2004.1. Subpoena.

Section 2004.2. Notice of Pendency of Action.

Section 2005. Service and Filing of Pleadings and Other Papers.

Section 2005.1. Service of Post-Judgment Motions Pertaining to Dissolution of Marriage Proceedings.

Section 2005.2. Entry of Appearance; Counsel not licensed in the Choctaw Nation; Address of record and Withdrawal.

Section 2006. Time.

Section 2007. Pleadings Allowed; Form of Motions.

Section 2008. General Rules of Pleading.

Section 2009. Pleading Special Matters.

Section 2010. Form of Pleadings; Motions; and Briefs.

Section 2011. Signing Of Pleadings.

Section 2012. Defense and Objections; When and how Presented; By Pleadings or Motions; Motion for Judgment on the Pleadings.

Section 2013. Final Dismissal on Failure to Amend.

Section 2014. Counter-Claim and Cross-Claim.

Section 2015. Counter-Claim; Effect of the Statutes of Limitation.

Section 2016. Counterclaim against Assigned Claims.

Section 2017. Third-Party Practice.

Section 2018. Amended and Supplemental Pleadings.

Section 2019. Pre-Trial Procedure; Formulating Issues

Section 2020. Lost Pleadings.

Section 2021. Tenders of Money or Property.

Section 2022. Dismissal of Actions.

Chapter 40. Rules of Evidence.

ARTICLE I. GENERAL PROVISIONS.

Section 2101. Short Title.

Section 2102. Legislative Purpose.

Section 2103. Scope of Rules.

Section 2104. Rulings on Evidence.

Section 2105. Preliminary questions.

Section 2106. Limited admissibility.

Section 2107. Remainder of record.

ARTICLE II. JUDICIAL NOTICE.

Section 2201. Judicial Notice of Law.

Section 2202. Judicial Notice of Adjudicative Facts.

Section 2203. Determining Propriety of Taking Judicial Notice.

ARTICLE III. PRESUMPTIONS.

Section 2301. Definitions

Section 2302. Establishment of Basic Fact.

Section 2303. Effect of Presumptions in Civil Cases.

Section 2304. Presumptions in Criminal Cases.

Section 2305. Inconsistent Presumptions.

ARTICLE IV. RELEVANCY

Section 2401. Definition of ―Relevant Evidence

Section 2402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.

Section 2403. Exclusion of relevant evidence on grounds of prejudice, confusion or cumulative nature of evidence.

Section 2404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes.

Section 2405. Methods of Proving Character.

Section 2406. Habit; Routine Practice.

Section 2407. Subsequent Remedial Measures.

Section 2408. Compromise and Offers to Compromise.

Section 2409. Payment of Medical and Similar Expenses.

Section 2410. Pleas and Plea Discussions; Admissibility of Evidence.

Section 2411. Liability Insurance.

Section 2412. Sexual offense against another person--Evidence of other sexual behavior inadmissible –Exceptions.

Section 2413. Sexual assault offense--Commission of other offenses admissible—Definition.

Section 2414. Child molestation offense--Commission of other offenses admissible— Definitions

ARTICLE V. PRIVILEGES

Section 2501. Privileges Recognized Only as Provided.

Section 2502. Attorney-Client Privilege.

Section 2502.1. Communications between accountant and client.

Section 2503. Physician and Psychotherapist-Patient Privilege.

Section 2503.1. Interpreter for the Deaf or Hard-of-Hearing Privilege.

Section 2504. Spousal Privilege.

Section 2505. Religious Privilege.

Section 2506. Journalist’s Privilege.

Section 2506.1. Reserved.

Section 2506.2. Peer support counseling confidentiality.

Section 2507. Political Vote.

Section 2508. Trade Secrets.

Section 2509. Secrets of State and Other Official Information; Governmental Privileges.

Section 2510. Identity of Informer.

Section 2510.1. Crime stoppers organizations--Privileged communications--Orders for production of records

Section 2511. Waiver of Privilege by Voluntary Disclosure.

Section 2512. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.

Section 2513. Comment Upon or Inference from Claim of Privilege; Instruction

ARTICLE VI. WITNESSES

Section 2601. General Rule of Competency.

Section 2602. Personal Knowledge

Section 2603. Oath or Affirmation

Section 2604. Interpreters.

Section 2605. Competency of Judge as Witness.

Section 2606. Reserved.

Section 2607. Who May Impeach.

Section 2608. Evidence of Character and Conduct of Witness.

Section 2609. Impeachment by Evidence of Conviction of Crime.

Section 2610. Religious Beliefs or Opinions.

Section 2611. Mode and Order of Interrogation and Presentation.

Section 2611.1. Reserved.

Section 2611.2. Minor or incapacitated witnesses--Closing of testimony to public--Taking testimony outside courtroom--Meeting in chambers with judge and attorneys--Presence of support person.

Section 2611.3. Short title.

Section 2611.4. Definitions

Section 2611.5. Testimony to which act applies--Other procedures not precluded.

Section 2611.6. Hearing--Determination of whether to use alternative method testimony.

Section 2611.7. Situations where alternative method testimony permitted.

Section 2611.8. Determination of whether to allow child witness to testify by an alternative method.

Section 2611.9. Order--Required contents.

Section 2611.10. Opportunity for examination and cross-examination.

Section 2611.11. Construction and application of act.

Section 2612. Writing Used to Refresh Memory.

Section 2613. Prior Statements of Witnesses.

Section 2614. Calling and Interrogation of Witnesses by Court.

Section 2615. Exclusion of Witnesses.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY.

Section 2701. Opinion Testimony by Lay Witnesses.

Section 2702. Testimony by Experts.

Section 2703. Bases of Opinion Testimony by Experts.

Section 2704. Opinion on Ultimate Issue.

Section 2705. Disclosure of Facts or Data Underlying Expert Opinion.

Article VIII. Hearsay

Section 2801. Definitions

Section 2802. Hearsay Rule.

Section 2803. Hearsay Exceptions; Availability of Declarant Immaterial.

Section 2803.1. Statements of children not having attained 13 years or incapacitated persons describing acts of physical abuse or sexual contact--Admissibility in criminal and juvenile proceedings.

Section 2803.2. Reserved.

Section 2804. Hearsay Exception; Declarant Unavailable.

Section 2804.1. Hearsay Exception--Exceptional circumstances.

Section 2805. Hearsay Within Hearsay.

Section 2806. Attacking and Supporting Credibility of Declarant.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION.

Section 2901. Requirement of Authentication or Identification.

Section 2902. Self-Authentication.

Section 2903. Subscribing Witness’ Testimony Unnecessary.

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS.

Section 3001. Definitions

Section 3002. Requirement of Original.

Section 3003. Admissibility of Duplicates

Section 3004. Admissibility of Other Evidence of Contents.

Section 3005. Public Records.

Section 3006. Summaries.

Section 3007. Testimony or Written Admission of Party.

Section 3008. Reserved.

Section 3009. Medical bills--Identification

Chapter 41. Depositions and Discovery.

Section 3224. Short Title and Scope of Code.

Section 3225. Construction.

Section 3226. General Provisions Governing Discovery.

Section 3226.1. Abusive discovery

Section 3226A. Withdrawal of certain discovery items

Section 3227. Depositions Before Action or Pending Appeal

Section 3228. Persons Before Whom Depositions May Be Taken.

Section 3229. Stipulations Regarding Discovery Procedure.

Section 3230. Depositions upon Oral Examination.

Section 3231. Depositions upon Written Questions.

Section 3232. Use of Depositions in Court Proceedings.

Section 3233. Interrogatories to Parties.

Section 3234. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Section 3235. Physical and Mental Examination of Persons.

Section 3236. Requests for Admission.

Section 3237. Failure to Make or Cooperate in Discovery; Sanctions.

APPENDIX 1. COURT OF APPEALS RULES—APPELLATE RULES OF CIVIL PROCEDURE.

Rule 1.1 Title, Citation, Scope, Effective Date of Rules and Unsettled Procedure

Rule 1.2 Effect of Failure to Comply with Rules and Orders.

Rule 1.3 Computation of Time.

Rule 1.4 Clerk for the Court of Appeals, Filings, Mailing, Copies, and Notice to Parties.

Rule 1.5 Appearance, Withdrawal, and Change of Address.

Rule 1.6 Motions.

Rule 1.7. Corrections of Filed Documents.

Rule 1.8. Communications with Court.

Rule 1.9. Oral Argument.

Rule 1.10. Briefs.

Rule 1.11. Form and Content of Briefs.

Rule 1.12. Brief of Amicus Curiae.

Rule 1.13. Rehearing.

Rule 1.14. Taxation of Costs and Motions for Appeal Related Attorney Fees.

Rule 1.15. Stay and Supersedeas.

Rule 1.16. Mandate.

Rule 1.17. Reserved.

Rule 1.18. Reserved.

Rule 1.19. Reserved.

PART II. APPEALS FROM JUDGMENT OF FINAL ORDER OF THE DISTRICT COURT.

Rule 1.20. Definitions.

Rule 1.21. Computation of Time for Commencement of Appeal

Rule 1.22. Post-Trial Motions.

Rule 1.23. Commencement of Appeal.

Rule 1.24. Reserved.

Rule 1.25. Petition in Error and Response to Petition in Error.

Rule 1.26. Amended Petition in Error, Premature Petition in Error, and Supplemental Petition in Error.

Rule 1.27. Multiple Appeals.

Rule 1.28. Record.

Rule 1.29. Designation of Record where Reversal is sought Solely on Ground of Insufficiency of Evidence to Support Judgment.

Rule 1.30 Preparation of Narrative Statement of Trial or Proceedings in Lieu of Transcript.

Rule 1.31. Preparation of Statement in Lieu of Record on Appeal.

Rule 1.32. Correctness of Transcript and Amendment of Record.

Rule 1.33. Form and Contents of Record.

Rule 1.34. time for Completion of Record.

Rule 1.35. Fees for Assembling Record and Transcribing Proceedings.

Rule 1.36. Accelerated Procedure for Summary Judgments and Certain Dismissals.

Rule 1.37. Jurisdiction of Trial Court while Appeal is Pending and Remedial Writs in an Appeal.

Rule. 1.38. Reserved.

Rule 1.39. Reserved.

PART III. APPEALS AND CERTIORARI REVIEW FROM INTERLOCUTORY ORDERS OF THE DISTRICT COURT.

Rule.1.40. Definitions; Rules Applicable, New Trial; and Effect of Failure to Appeal.

PART III(A). REVIEW OF CERTIFIED INTERLOCUTORY ORDERS PURSUANT TO 12 C.N.S. § 952(B)(3).

Rule 1.50. Definition of Certified Interlocutory Order

Rule 1.51. Commencement of Proceeding and Entry of Appearance.

Rule 1.52. Content of Petition for Certiorari to Review Certified Interlocutory Order and Trial Court Statement.

Rule 1.53. Response to Petition for Certiorari to Review Interlocutory Order.

Rule 1.54. Record.

Rule 1.55. Briefs.

Rule 1.56. Other Rules Applicable to Certiorari to Review Certified Interlocutory Order.

PART III(B). APPEALS FROM ORDERS GRANTING A NEW TRIAL OR VACATING A JUDGMENT AND FROM ORDERS DEALING WITH ATTACHMENTS, TEMPORARY INJUNCTIONS, RECEIVERS, AND OTHER PROVISIONAL REMEDIES.

Rule 1.60. Definition of Interlocutory Orders Appealable by Right.

Rule 1.61. Time and Manner for Commencing Appeal.

Rule 1.62. When Appeal Commenced.

Rule 1.63. Content of Petition in Error and Response in the Appeal of an Interlocutory Order Appealable Right.

Rule 1.64. Record.

Rule 1.65. Briefs.

Page 28 of 359 CB-91-11 Rule 1.66. Requirements in Appeals from Order Refusing to Vacate Appointment of Receiver. 346 Rule 1.67. Other Rules Applicable.

PART IV(A). GENERAL PROVISIONS APPLICABLE TO OTHER CIVIL APPEALS.

Rule. 1.75. Definitions.

Rule 1.76. Record in Appeals from Tribunals Other than the District Court.

Rule 1.77. Other Rules Applicable.

Rule 1.78. Reserved.

Rule 1.79. Reserved.

Rule 1.80. Reserved.

Rule 1.81. Reserved.

Rule 1.82. Reserved.

Rule 1.83. Reserved.

Rule 1.84. Reserved.

PART IV(B). RESERVED.

Rule 1.85. Reserved.

Rule 1.86 Reserved.

Rule 1.87. Reserved.

Rule 1.88. Reserved.

Rule 1.89. Reserved.

Rule 1.90. Reserved.

PART IV(C). PROCEEDINGS TO REVIEW A DECISION OF THE WORKERS' COMPENSATION COURT.

Rule 1.100. Mode and Time of Commencing Proceedings.

Rule 1.101. Requisites for Petition for Review.

Rule 1.102. Designation of Parties.

Rule 1.103. Petition for Review and Response.

Rule 1.104. Record.

Rule 1.105. Briefs.

Rule 1.106. Agreed Settlement Pending Review.

PART IV(D). RESERVED.

PART IV(E). RESERVED.

PART IV(F). RESERVED.

PART IV(H). RESERVED.

PART V. RESERVED

PART VI. ORIGINAL JURISDICTION PROCEEDINGS BEFORE THE COURT OF APPEALS.

Rule 1.190. Rules Applicable.

Rule 1.191. Applications to Assume Original Jurisdiction.

Rule 1.192. Evidence—Reference.

Rule 1.193. Effectiveness of Judgment and Rehearing.

Rule 1.194. Proceedings to Protest or to Object to Initiative and Referendum Petitions.

PART VII. RESERVED.

PART VIII. RESERVED.

PART IX. EXPUNGEMENT OF RECORDS.

Rule 1.260. Expungement of Records.

Rule 1.261. Application for Expungement.

Rule 1.262. Inspection of Expunged Appellate Records.

PART X. APPENDIX OF FORMS.

Rule 1.300 Required Forms

Rule 1.301. Forms.

Choctaw Nation Criminal Code:

Part I. In General

Chapter 1. Preliminary Provisions

Section 1. Title of code

Section 2. Criminal acts are only those prescribed

Section 3. Crime and public offense defined

Section 4. Crimes classified

Section 5. Felony defined

Section 6. Misdemeanor defined

Section 7. Objects of criminal code

Section 8. Conviction must precede punishment

Section 9. Punishment of felonies

Section 10. Punishment of misdemeanor

Section 11. Special provisions as governing—Acts punishable in different ways—Acts not otherwise punishable by imprisonment

Section 12. Reserved

Section 13. Uniform reporting system to be used by criminal and juvenile justice information systems

Section 14. Sentencing Authority

Section 15. Sentences of imprisonment, where served

Chapter 2. General Provisions

Section 21. Prohibited act a misdemeanor unless otherwise stated

Section 22. Gross injuries—Grossly disturbing peace—Openly outraging public decency— Injurious acts not expressly forbidden

Section 23. Acts punishable under foreign laws

Section 24. Criminal acts may also be punishable as contempt of court

Section 25. Mitigation of punishment

Section 26. Aiding in a misdemeanor

Section 27. Sending letter—When complete—Place of prosecution

Section 28. Failure to perform duty

Attempts

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

Section 42. Attempts to commit crimes—Punishment

Section 43. Unsuccessful attempt—Another crime committed

Section 44. Attempt defined

Habitual Offenses and Punishment

Section 51. Offense of Habitual Criminal and Punishment

Sentence and Imprisonment

Section 61. Sentences to be served in order received by penal institution—Concurrent sentences—Credit for good conduct c

Section 62. Sentences to run concurrent with other court sentences

Section 63. Imposition of fine in addition to imprisonment

Section 65. Civil rights suspended

Section 66. Person of convict protected

Section 67. Conviction does not work forfeiture

Perjury on Examination of Privileged Witness

Section 81. Testimony—Privilege of witnesses and perjury

Definitions

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

Section 92. Willfully defined

Section 93. Negligent—Negligence

Section 94. Corruptly

Section 95. Malice—Maliciously

Section 96. Knowingly

Section 97. Bribe

Section 98. Vessel

Section 99. Peace officers

Section 99a. Authority of peace officers

Section 100. Signature

Section 101. Writing includes printing

Section 102. Real property

Section 103. Personal property

Section 104. Property defined

Section 105. Person defined

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

Section 107. Singular includes plural

Section 108. Gender

Section 109. Present tense

Section 110. Intent to defraud

Other Remedies and Punishments

Section 131. Civil remedies not affected

Section 132. Reserved

Section 133. Military punishment—Contempt—Apprentices, bastards, etc.

Fines and Penalties

Section 141. Payment of fines, fees, assessments, forfeitures and penalties into the court fund

Crime Victims Compensation Act

Section 142.1. Intent of the Tribal Council

Section 142.2. Short title

Section 142.3. Definitions

Section 142.4. Crime Victims Compensation Program

Section 142.5. Powers relating to claims for compensation—Office and staff support

Section 142.6. Additional powers of the Director of the Crime Victims Compensation Program

Section 142.7. Collateral source contributions

Section 142.8. Parties—Right to appear—Hearing—Notice—Settlement of claim

Section 142.9. Waiver of physician-patient privilege—Mental or physical examination— Reports—Advisory panel—Limiting compensation for treatment—Debt collection

Section 142.10. Award of compensation—Criteria—Amount—Denial, withdrawal or reduction—Reconsideration

Section 142.11. Prosecution, conviction or adjudication not required—Proof of conviction or copy of adjudication order—Suspension of proceedings

Section 142.12. Recovery from collateral source—Subrogation of program—Retention of funds in trust—Notice to the Board

Section 142.13. Payment of award—Exemption from process—Assignment—Counseling expenses

Section 142.14. Advancement on award

Section 142.15. Reports to be made by the Board

Section 142.16. False claims

Section 142.17. Crime Victims Compensation Revolving Fund

Section 142.18. Victim compensation assessments

Victim’s Rights Act

Section 142A. Short title

Section 142A-1. Definitions

Section 142A-2. Victims and witnesses rights

Section 142A-3. Informing victim of rights

Section 142A-4. Petition for relief

Section 142A-5. Restitution form

Section 142A-6. Priority interest in proceeds

Section 142A-7. Address designation

Section 142A-8. Presentation and use of victim impact statement at sentencing

Section 142A-9. Disclosure of personal information of victim or witness may be prohibited.

Section 142A-10. Reserved

Section 142A-11. Return of exhibit

Section 142B. Civil action by victim of felony crime against offender—Attorney’s fees and costs—Reduction of hardship exemption from garnishment

Chapter 3. Persons Liable to Punishment

Section 151. Persons liable to punishment in the Choctaw Nation of Oklahoma

Section 152. Persons capable of committing crimes—Exceptions—Children—Idiots—Lunatics—Ignorance—Commission without consciousness—Involuntary subjection

Section 153. Intoxication no defense

Section 154. Morbid propensity no defense

Section 155. Subjection to superior exonerates

Section 156. Duress defense

Section 160. Public foreign ministers exempted

Chapter 4. Parties to Crime

Section 171. Classification of parties

Section 172. Principals defined

Section 173. Accessories defined

Section 174. No accessories to misdemeanor

Section 175. Punishment of accessories

Chapter 5. Crimes Against the Elective Franchise

Section 181. Betting upon an election a misdemeanor

Section 182. Offers of office by candidate a misdemeanor

Section 183. Communicating an offer of office

Chapter 6. Crimes Against the Executive Power

Section 261. Assuming office before qualifying

Section 262. Act of officer de facto

Section 263. Falsely assuming to be officer

Section 264. False impersonation of peace officers—False insignia on motor vehicle

Section 265. Bribing or offering bribe to executive officer

Section 266. Asking or receiving bribes

Section 267. Preventing officer’s performance of duty

Section 268. Resisting executive officer

Section 269. Asking or receiving unauthorized reward for official act

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

Section 271. Asking or receiving unauthorized advance fees

Section 272. Taking unlawful reward for requisition for fugitive

Section 273. Buying appointments to office

Section 274. Selling appointments to office

Section 275. Reward for making appointment or deputation

Section 276. Unlawful deputation is void

Section 277. Exercising functions of office after term expires

Section 278. Refusal to surrender books to successor

Section 279. Administrative officers included

Section 280. Disturbance, interference or disruption of tribal business—Penalties

Section 281. False statements made during an internal investigation

Section 282. Unlawful acts—Violations

Chapter 7. Crimes Against the Legislative Power

Section 301. Preventing meetings of the Tribal Council

Section 302. Disturbing legislative proceedings—Penalty

Section 302.1. Refusal to leave legislative chamber, gallery and offices—Penalty

Section 303. Compelling adjournment of Tribal Council

Section 304. Preventing legislative member or personnel from performing official duties— Penalty

Section 305. Compelling Tribal Council to perform or omit act

Section 306. Altering draft bill

Section 307. Altering engrossed copy of bill

Section 308. Bribery of or influencing members

Section 309. Soliciting bribes—Trading votes

Section 310. Witness refusing to attend Legislature or committee

Section 311. Witness refusing to testify before Tribal Council or committee

Section 312. Forfeiture of office—Disqualification to hold office

Section 318. Bribery

Section 319. Penalty for Bribery

Section 320. Member of Tribal Council—Soliciting or securing employment with tribal department or institution

Section 321. Penalty for violating Section 321

Section 322. Compensation contingent upon influencing official action or legislation

Chapter 8. Crimes Against the Revenue and Property of the Choctaw Nation

Section 341. Embezzlement and false accounts by officers

Section 341.1. Postage meter—Unlawful use

Section 342. Suspension—Vacancy filled

Section 343. Other violation of official conduct

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

Section 345. Refusal of officer to perform duty

Section 349. Injuring or burning public buildings

Section 352. Unlawfully issuing or paying warrants

Section 353. Officer dealing in warrants—Misdemeanor

Section 354. Penalty

Section 355. False, fictitious, or fraudulent claim for payment of public funds or onemployment application

Section 356. Penalties

Chapter 9. Bribery and Corruption

Section 380. Bribery of fiduciary

Section 381. Bribing officers

Section 382. Officers receiving bribes

Section 383. Bribing jurors, referees, etc.

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

Section 385. Misconduct of jurors

Section 386. Accepting gifts

Section 387. Gifts defined

Section 388. Attempts to influence jurors

Section 389. Drawing jurors fraudulently

Section 390. Misconduct by officer in charge of jury

Section 399. Athletic contests—Bribery of participants, officials, etc.

Section 400. Acceptance of bribe by participant, official, etc.

Section 401. Gifts or rewards for outstanding play or meritorious service not prohibited

Section 402. Forfeiture of monies, properties and assets used in violation of bribery laws

Section 403. Issuance of orders and writs pending trial

Section 404. Hearing—Judgment of forfeiture—Sale of properties or assets

Section 405. Appeals—Disposition of proceeds

Section 406. Fees as additional to salaries

Chapter 10. Conspiracy

Section 421. Conspiracy—Definition—Punishment

Section 422. Conspiracy outside the nation against the peace of the nation

Section 423. Overt act necessary

Section 424. Punishment for conspiracy against the nation

Chapter 11. Escapes and Aiding Therein

Section 431. Re-arrest of escaped prisoners

Section 434. Attempt to escape from penitentiary or jail

Section 435. Assisting prisoner to escape

Section 438. Carrying into prison or jail things to aid escape

Section 439. Concealing escaped prisoner

Section 440. Harboring criminals and fugitives—Assisting a sex offender in violation of registration requirements—Unlawful acts—Penalties

Section 441. Assisting escape from officer

Section 442. Prisoner defined

Section 443. Escape from jail, or other lawful custody—Penalty—Juvenile offender

Section 444. Additional punishment under rules and regulations of jail or prison after escape

Section 445. Escape or attempt to escape from arrest or detention—Removal of monitoring device

Section 446. Unauthorized entry into penal institution, jail, etc.—Penalties

Chapter 12. Falsifying Evidence

Section 451. Offering false evidence

Section 452. Deceiving witness

Section 453. Preparing false evidence

Section 454. Destroying evidence

Section 455. Preventing witness from giving testimony—Threatening witness who has given testimony

Section 456. Bribing witness—Subornation of perjury

Chapter 13. Forging, Stealing, Mutilating and Falsifying Judicial and Public Records and Documents

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

Section 462. Larceny or destruction of records by other persons

Section 463. Offering forged or false instruments for record

Section 464. Forging name to petition—Penalties

Chapter 14. Reserved

Chapter 15. Perjury and Subornation of Perjury

Section 491. Perjury defined—Defense

Section 492. Oath defined

Section 493. Oath of office

Section 494. Irregularities no defense

Section 495. Incompetency no defense

Section 496. Contradictory statements as perjury

Section 497. Making deposition or certificate

Section 498. Degree of proof required

Section 499. Defenses to charges of perjury

Section 500. Perjury as a felony

Section 501. Summary committal of witness

Section 502. Witness bound over to appear

Section 503. Documents may be retained

Section 504. Perjury by subornation—Felony—Attempted perjury by subornation

Section 505. Punishment of subornation of perjury

Chapter 16. Rescues

Section 521. Rescuing prisoners

Section 522. Taking goods from legal custody

Chapter 17. Other Crimes Against Public Justice

Section 531. Destruction or falsification of records

Section 532. Permitting escapes

Section 533. Refusing to receive or fingerprint prisoners—Medical exceptions

Section 534. Delaying to take before magistrate

Section 535. Arrest without authority

Section 536. Misconduct in executing a search warrant

Section 537. Refusing to aid officer

Section 538. Refusing to make arrest

Section 540. Obstructing officer

Section 540A. Eluding police officer

Section 540B. Roadblocks

Section 540C. Fortification of access point to place where felony under Controlled Dangerous

Substances Act being committed or attempted

Section 541. Extrajudicial oaths

Section 542. Administering extrajudicial oaths

Section 543. Compounding crimes

Section 544. Compounding prosecution

Section 545. Attempt to intimidate officer

Section 546. Suppressing evidence

Section 547. Reserved

Section 548. Reserved

Section 549. Reserved

Section 550. Reserved

Section 551. Reserved

Section 552. Reserved

Section 553. Reserved

Section 554. Reserved

Section 555. Prosecuting attorneys and their partners

Section 556. Prosecutor advising the defense

Section 557. Attorneys may defend themselves

Section 559. Claims for collection, loans or advances on

Section 560. Receiving claims in payment of debts

Section 561. Application of preceding sections

Section 562. Privilege of witnesses in respect to claims or debts sold

Section 563. Contempts, direct and indirect—Definition

Section 564. Trial court—Power to punish contempt—Censure—Contempt proceedings

Section 565. Direct or indirect contempt—Penalties—Cases involving failure to comply with court orders regarding children

Section 566. Noncompliance with child support order—Indirect civil contempt

Section 567. Indirect contempts—Proceedings

Section 567A. Violation of child custody order—Affirmative defense—Emergency or protective custody

Section 567B. Failure to Appear for Jury Service

Section 568. Contempt—Substance of offense made of record

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

Section 573. Fraudulent concealment of property

Section 575. Attorneys, misconduct by—Deceit—Delaying suit—Receiving allowance for money not laid out

Section 576. Attorney permitting other person to use his name

Section 577. Attorneys, use of name lawful, when

Section 580. Public officers—Willful neglect of duty a misdemeanor

Section 581. Willful omission of duty by officers of the Choctaw Nation

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

Section 586. Communicating with a convict

Section 587. False certificate by officer

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

Section 589. False reporting of crime—False reporting of missing child

Chapter 18. Assault and Battery

Section 641. Assault defined

Section 642. Battery defined

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

Section 644. Assault—Assault and battery—Domestic abuse

Section 645. Assault, battery, or assault and battery with dangerous weapon

Section 646. Aggravated assault and battery defined

Section 647. Punishment for aggravated assault and battery

Section 648. Definitions

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

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

Section 649.2. Killing police dog or police horse—Penalties

Section 649.3. Harming, mistreating or killing service animal—Willful interference with service animal’s performance—Permitting animal to fight, injure or kill service animal— Penalties—Exemption from registration or license fees

Section 650. Aggravated assault and battery upon peace officer

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

Section 650.2. Assault or battery upon Corrections, Children and Family Services or Juvenile Services employee or contractor

Section 650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider—Punishment

Section 650.4. Assault and battery upon emergency medical care providers

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

Section 650.6. Assault or battery or assault and battery upon officer of district or appellate court, witness or juror—Penalty

Section 650.7. Assault, battery or assault and battery upon school employee or student— Notice—Definition

Section 650.8. Felony assault, battery or assault and battery upon employee of facility for delinquent children, juvenile detention center or juvenile bureau

Section 650.9. Persons in custody—Placing body wastes or fluids upon tribal employee or contractor

Section 650.10. Touching assistive device with intent to harass—Penalties

Chapter 19. Attempts to Kill

Section 651. Poison, attempt to kill by administering

Section 652. Shooting or discharging firearm with intent to kill—Use of vehicle to facilitate discharge of weapon in conscious disregard of safety of others—Assault and battery with deadly weapon, etc.

Section 653. Punishment for other assaults with intent to kill

Chapter 20. Reserved

Chapter 21. Reserved

Chapter 22. Duels and Challenges

Section 661. Duel defined

Section 662. Dueling a felony

Chapter 23. Felonious Assaults

Section 681. Assaults with intent to commit felony

Chapter 24. Reserved

Chapter 25. Kidnapping

Section 741. Kidnapping defined

Section 742. Kidnapping for purpose of extortion—Assisting in disposing, receiving, possessing or exchanging money or property received

Section 743. Holder of hostage—Telephone communications

Section 744. Human trafficking for forced labor or forced sexual exploitation

Section 745. Guidelines for treatment of human trafficking victims—Right to civil action

Chapter 26. Maiming

Section 751. Maiming defined

Section 752. Maiming one’s self

Section 753. Means and manner of maiming immaterial

Section 754. Maiming by disfigurement

Section 755. Design to maim inferred

Section 756. Premeditated design

Section 757. Recovery before trial a bar—Conviction of assault and battery

Section 758. Penalty for maiming

Section 759. Female genital mutilation

Chapter 27. Libel and Slander

Section 771. Libel defined

Section 772. Privileged publications

Section 773. Penalty—Civil liability

Section 774. Defenses in criminal libel action

Section 775. Publication, what constitutes

Section 776. Newspapers reporting official proceedings

Section 777. Threatened libel

Section 778. Imputing unchastity to females—Penalty

Section 779. Imputing unchastity—Evidence necessary—Defenses

Section 781. False rumors—Slander—Penalty

Chapter 28. Reserved

Chapter 29. Suicide

Section 811. Suicide defined

Section 812. Aiding suicide

Section 813. Furnishing weapon or drug

Section 814. Aid in attempt to commit suicide

Section 815. Incapacity of person committing or attempting suicide no defense

Section 816. Aiding suicide a felony

Section 817. Aiding an attempt at suicide a felony

Chapter 30. Miscellaneous Offenses Against the Person

In General

Section 831. Intoxicated physician

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

Section 833. Unlawful confinement of lunatics

Section 834. Reconfining persons discharged upon writ of deliverance

Section 835. Concealing persons to avoid habeas corpus

Section 836. Assisting in concealing person to avoid habeas corpus

Section 837. Intimidating laborers

Section 838. Intimidating employers

Body Piercing and Tattooing

Section 840. Performing or offering to perform body piercing or tattooing on child under 18 years—Definitions

Section 841. Penalties

Abuse of Elderly or Disabled Persons

Section 842. Definitions

Section 842.1. Caretakers—Abuse, financial neglect, neglect, sexual abuse or exploitation of charge

Section 842.2. Verbal abuse of charge

Child Abuse, Neglect and Exploitation or Enabling Child Abuse

Section 843. Definitions

Section 843.1. Child abuse—Child neglect—Child sexual abuse—Child sexual exploitation— Enabling—Penalties

Section 843.2. Payment of costs by defendant upon conviction

Section 843.3. Appointment of representatives for child

Section 843.4. Ordinary force as means of discipline not prohibited

Explosives

Section 849. Wiring or equipping of vehicles or structures with explosives a felony

Malicious Intimidation or Harassment

Section 850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability—Standardized reporting system

Chapter 31. Abandonment and Neglect of Wife or Children

Section 851. Desertion of children under age of ten a felony

Section 852. Omission to provide for a child—Penalties

Section 852.1. Child endangerment—Knowingly permitting physical or sexual abuse—Good faith reliance on spiritual healing—Penalties

Section 853. Desertion of wife or child under 15 a felony

Section 854. Proof of marriage—Wife as competent witness—Duty of prosecutor

Chapter 31A. Contributing to Delinquency of Minors

Section 856. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang

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

Section 856.2. Harboring endangered runaway child

Section 856.3. Gang related offenses—Condition of membership

Section 857. Definitions

Section 858. Parent or guardian whose child commits crime of possession of firearm on school property—Administrative penalty

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

Section 858.2. Neglect of minor adjudicated delinquent, in need of supervision or deprived

Section 858.3. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected—Penalty

Chapter 32. Concealing Death of Children

Section 861. Concealing stillbirth or death of child

Chapter 33. Reserved

Chapter 34. Incest and Sodomy

Section 885. Incest

Section 886. Crime against nature

Section 887. Crime against nature, what penetration necessary

Section 888. Forcible sodomy

Chapter 35. Child Stealing

Section 891. Child stealing—Penalty

Chapter 36. Reserved

Chapter 37. Reserved

Chapter 38. Reserved

Chapter 39. Obscenity, Pornography and Prostitution

Section 1025. Prostitution house, etc.—Penalty

Section 1026. Disorderly house

Section 1027. Letting building for unlawful purposes

Section 1028. Setting up or operating place of prostitution—Ownership—Renting— Procuring—Receiving person for forbidden purpose—Transportation—Receiving proceeds

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

Section 1030. Definitions

Section 1031. Punishment for violations—Fines—Knowingly engaging in prostitution while infected with HIV—Violations within certain distance from school or church

Section 1032. Acts prohibited—Felony

Section 1033. Action for adjudication of obscenity—content of mailable matter

Section 1034. Petition

Section 1035. Summary examination of material—Dismissal or show cause order

Section 1036. Answer

Section 1037. Trial—Evidence

Section 1038. Destruction—Injunction

Section 1039. Sending or selling of materials with knowledge of judgment

Section 1040. Contempt

Section 1041. Extradition

Section 1042. Presumptions

Chapter 40. Reserved

Chapter 41. Reserved

Chapter 42. Pandering

Section 1081. Offense—Punishment—Fines

Section 1082. Part of offense outside of the Choctaw Nation, no defense

Section 1083. Injured party as witness

Section 1084. Marriage no defense

Section 1085. Restraining female in house of prostitution a felony

Section 1086. Allowing offense on premises—Punishment

Section 1087. Child under 18 years of age—Procuring for prostitution, lewdness or other indecent act—Punishment

Chapter 43. Junk dealers

Section 1092. Refusing to exhibit stolen goods

Section 1093. Punishment

Chapter 44. Reserved

Chapter 45. Sex Offenses and Abduction

Section 1117. Abduction of person under fifteen

Section 1118. Reserved

Section 1119. Reserved

Section 1120. Reserved

Section 1121. Sexual battery

Section 1122. Reserved

Section 1123. Reserved

Section 1124. Reserved

Section 1125. Zone of safety—Schools, child care centers, playgrounds and parks— Restrictions on convicted sex offenders—Exemptions

Chapter 46. Reserved

Chapter 47. Violating Sepulture and the Remains of the Dead

Section 1151. Disposal of one’s own body

Section 1151a. Forfeiture of right to dispose of body of decedent

Section 1152. Duty of burial

Section 1153. Burial in another place

Section 1154. Autopsy—Definition—When allowed—Retention of tissue and specimens

Section 1155. Unlawful dissection is a misdemeanor

Section 1156. Remains after dissection

Section 1157. Dead limb or member of body

Section 1158. Right to control disposition of the remains of a deceased person

Section 1158a. Court authority to award the right of disposition of body of decedent

Section 1158b. Funeral service agreements—Instructions

Section 1158c. Funeral directors—Final disposition—Collection of charges

Section 1158d. Funeral director—Criminal and civil liability

Section 1159. Neglect of burial

Section 1160. Persons entitled to custody of body

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

Section 1161.1. Desecration of a human corpse—Penalty—Prosecution with other offenses— Definition

Section 1162. Purchasing dead body

Section 1163. Unlawful interference with places of burial

Section 1164. Removal to another burial place

Section 1165. Arresting or attaching dead body

Section 1166. Disturbing funerals

Section 1167. Destruction, mutilation, etc. of cemetery structures, markers, etc.—Sale or barter of veteran markers

Section 1168. Definitions

Section 1168.1. Buying, selling or bartering for profit of human skeletal remains or associated burial furniture—Felony

Section 1168.2. Certain institutions and museums to consult Choctaw Nation officials before disposition of remains

Section 1168.3. Display of open burial ground, furniture or skeletal remains for profit or commercial enterprise

Section 1168.4. Discovery of human remains or burial furniture—Reporting and notification procedure

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

Section 1168.6. Penalties

Section 1168.7. Tribal, federal and state agencies encountering burial grounds, human skeletal remains or burial furniture—Reports—Disposition

Section 1169. Disposition of human tissue—Rules and regulations

Chapter 47A. General and Miscellaneous Provisions

Section 1171. Peeping Tom—Use of photographic, electronic or video equipment—Offenses and punishment—Definition

Section 1172. Obscene, threatening or harassing telecommunication or other electronic communications—Penalty

Section 1173. Stalking—Penalties

Section 1174. Burning cross with intent to intimidate

Section 1175. Unauthorized use of newborn DNA

Part V. Crimes Against Public Health and Safety

Chapter 48. General and Miscellaneous Provisions

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

Section 1191. Public nuisance a misdemeanor

Section 1192. Reserved

Section 1193. Reserved

Section 1194. Gas tar, throwing into public water

Section 1195. Quarantine regulations, violating

Section 1196. Apothecary liable for negligence—Willful or ignorant acts or omissions

Section 1197. Poisons, laying out

Section 1198. Fires, refusing to aid at or interfering with others’ acts

Section 1199. Contagious disease, exposing oneself or another with

Section 1200. Frauds affecting market price

Section 1201. Newspapers, false statements in

Section 1202. Eavesdropping

Section 1203. Reserved

Section 1204. Reserved

Section 1205. Throwing, leaving or depositing trash near road unlawful—Establishment of solid waste disposal sites

Section 1206. Abandonment of refrigerators and iceboxes in places accessible to children— Penalty

Rescue Operation in Disaster Area Act

Section 1207. Rescue Operation in Disaster Area

Section 1208. Disaster areas—Prevention of unauthorized persons from hampering rescue operations

Section 1209. Definitions

Section 1210. Following of emergency vehicles unlawful

Section 1211. Disruption or prevention of emergency telephone call—Penalties

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

Section 1213. Penalties

Section 1214. Radio sets capable of receiving on police frequencies—Unlawful uses

Section 1215. Intoxicating beverages or low-point beer—Possession by persons under age 21

Section 1216. Reserved

Section 1217. Firefighters—Interference with performance of duties

Section 1218. Display of names of military dead at demonstrations or protests without consent prohibited

Section 1219. Reserved

Section 1220. Transporting intoxicating beverage or low-point beer—Prohibition— Exceptions—Penalty

Section 1220.1. Prohibition of alcohol inhalation device

Chapter 49. Animals and Carcasses

Section 1221. Contagious diseases among domestic animals

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

Section 1223. Leaving carcass in certain places unlawful

Section 1224. Violation of sections regarding carcasses a misdemeanor

Section 1225. Unclean slaughterhouses

Section 1226. Selling or buying infected carcass

Section 1227. Selling or driving infected swine on highway a misdemeanor

Section 1228. Violation a misdemeanor

Section 1229. Exhibition livestock—Administration of certain substances or performance of certain surgical procedures to alter appearance

Chapter 50. Tobacco

Section 1241. Furnishing Tobacco Products to Minors—Punishment

Section 1242. Refusal of Minor to Disclose Place Where and Person from Whom Obtained

Section 1243. Smoking in Certain Public Place Prohibited—Punishment

Chapter 51. Reserved

Part VI. Crimes Against Public Peace

Chapter 52. Reserved

Chapter 53. Firearms and Weapons

Section 1271. Detention or arrest of person under 18 years—Confiscation and forfeiture of prohibited weapons and firearms—Disposition of forfeited weapons and firearms

Section 1272. Unlawful carry

Section 1272.1. Carrying firearms where liquor is consumed

Section 1272.2. Penalty for firearm in liquor establishment

Section 1272.3. Unlawful discharge of stun gun or deleterious agent—Penalties

Section 1273. Allowing minors to possess firearms

Section 1274. Reserved

Section 1275. Reserved

Section 1276. Penalty for violating Sections 1272 and 1273

Section 1277. Unlawful carry in certain places

Section 1278. Unlawful intent to carry

Section 1279. Misdemeanor pointing a firearm

Section 1280. Penalty for violations of Section 1279

Section 1280.1. Possession of firearm on school property

Section 1281. Manufacturing slung shot

Section 1282. Felony use of a slung shot

Section 1283. Convicted felons and delinquents—Firearm possession

Section 1284. Penalty for violation of Section 1283

Section 1285. Reserved

Section 1286. Reserved

Section 1287. Use of firearm while committing a felony

Section 1288. Penalty enhancement for weapon possession

Choctaw Nation Firearms Act

Section 1289.1. Choctaw Nation Firearms Act

Section 1289.2. Tribal Council findings for Firearms Act

Section 1289.3. Definitions for Firearms Act—Pistols

Section 1289.4. Definitions for Firearms Act—Rifles

Section 1289.5. Definitions for Firearms Act—Shotguns

Section 1289.6. Conditions under which firearms may be carried

Section 1289.7. Firearms in vehicles

Section 1289.7a. Transporting or storing firearms in locked motor vehicle on private premises—Prohibition proscribed—Liability—Enforcement

Section 1289.8. Carrying concealed weapon

Section 1289.9. Carrying weapons under influence of alcohol

Section 1289.10. Furnishing firearms to incompetent persons

Section 1289.11. Reckless conduct

Section 1289.12. Giving firearms to convicted persons

Section 1289.13. Transporting a loaded firearm

Section 1289.13A. Improper transportation of firearm—Fine and court costs—Confiscation of firearm

Section 1289.14. Reserved

Section 1289.15. Penalty for violations of the Choctaw Nation Firearms Act

Section 1289.16. Felony pointing firearms

Section 1289.17. Penalties for violation of Section 1289.16

Section 1289.17A. Felony discharging firearms

Section 1289.18. Definitions

Section 1289.19. Restricted bullet and body armor defined

Section 1289.20. Manufacture of restricted bullets

Section 1289.21. Possession or use of restricted bullets

Section 1289.22. Exemptions

Section 1289.23. Concealed firearm for off-duty police officer

Section 1289.24. Reserved

Section 1289.24a. Lawsuits against gun manufacturers

Section 1289.25. Physical or deadly force against intruder

Section 1289.26. Use of body armor

Section 1289.27. Reserved

Section 1289.28. Definitions—Illegal transfer of a firearm

Chapter 54. Masks and Disguises; Threatening Letters; Unlawful Organization

Section 1301. Masks and hoods—Unlawful wearing of—Exceptions

Section 1302. Trespass—Masked person demanding admission to premises

Section 1303. Assaults while masked or disguised

Section 1304. Letters—Mailing threatening or intimidating letters

Section 1305. Prosecuting attorney—Tribal law enforcement officers—Duties under act

Section 1306. Organizations—Oaths

Chapter 55. Other Crimes Against Public Peace

Riots and Unlawful Assemblies

Section 1311. Riot defined

Section 1312. Punishment for riot

Section 1313. Rout defined

Section 1314. Unlawful assembly defined

Section 1315. Punishment for rout or unlawful assembly

Section 1316. Warning to disperse, remaining after

Section 1317. Presence after unlawful purpose becomes known

Section 1318. One refusing to aid in arrest deemed rioter

Section 1319. Combination to resist process

Section 1320.1. Riot

Section 1320.2. Incitement to riot

Section 1320.3. Unlawful assembly

Section 1320.4. Penalty for riot or incitement to riot

Section 1320.5. Penalty for unlawful assembly

Section 1320.6 Act as cumulative

Section 1320.7. Teaching, demonstrating or training in the use of firearms, explosives or incendiary devices in furtherance of riot or civil disorder

Entry or Intrusion on Real Estate

Section 1351. Penalty for Procuring Violence During Forcible Entry and Detainer

Section 1352. Penalty for Returning to Reside on Lands after Lawful Removal

Miscellaneous Provisions

Section 1361. Penalty for Disturbing Assembly or Meeting

Section 1362. Disturbance by Loud or Unusual Noise or Abuse, Violent, Obscene, Profane or Threatening Language

Section 1363. Use of Language Calculated to Arouse Anger or Cause Breach of Peace

Section 1364. Discharging Firearm

Section 1365. Possession of Explosives with Unlawful Intent after Felony Conviction

Disruption of Educational Institutions

Section 1370. Disruption of Educational Institutions

Section 1371. Definitions

Section 1372. Orders to Leave Institutions of Learning—Grounds—Penalty

Section 1373. Projecting Object at Public Event

Section 1374. Punishment for Planning or Threatening Violent Act

Section 1375. Willfully Bypassing a Security Checkpoint

Section 1376. Obstructing or Impeding Passage through any Choctaw Nation building— Punishment

Funeral Picketing Act

Section 1380. Short title

Section 1381. Legislative Findings

Section 1382. Purpose

Section 1383. Definitions

Section 1384. Unlawful Acts—Penalty

Section 1385. Other Remedies

Part VII. Crimes Against Property

Chapter 56. Arson

Section 1401. Arson in the first degree

Section 1402. Arson in the second degree

Section 1405. Endangering or causing personal injury to human life during commission of arson

Chapter 57. Documents of Title to Merchandise, Offenses Respecting

Section 1411. Fraudulent bill of lading

Section 1412. Fraudulent warehouse receipts

Section 1413. Correspondence between instrument and merchandise received

Section 1414. Duplicate receipts or vouchers

Section 1415. Selling goods without consent of holder of bill of lading

Section 1416. Unlawful delivery of goods

Section 1417. When law does not apply

Chapter 58. Burglary and House Breaking

Section 1431. Burglary in first degree

Section 1432. Reserved

Section 1433. Reserved

Section 1434. Reserved

Section 1435. Burglary in second degree—Acts constituting

Section 1436. Burglary

Section 1437. Possession of burglar’s implements

Section 1438. Entering building or other structure with intent to commit felony, larceny or malicious mischief—Breaking and entering dwelling without permission

Section 1439. Dwelling and dwelling house defined

Section 1440. Reserved

Section 1441. Burglary with explosives

Section 1442. Possession of certain tools by persons previously convicted of burglary

Chapter 59. Embezzlement

Section 1451. Embezzlement defined—Penalties

Section 1452. Reserved

Section 1453. Reserved

Section 1454. Reserved

Section 1455. Reserved

Section 1456. Reserved

Section 1457. Reserved

Section 1458. Evidence of debt subject of embezzlement

Section 1459. Property taken under claim of title

Section 1460. Intent to restore no defense

Section 1461. Mitigation of punishment

Section 1462. Reserved

Section 1463. Reserved

Section 1464. Reserved

Section 1465. Property or goods under control of carrier or other person for purpose of interstate transportation—Abandonment without notice to owner

Chapter 60. Extortion and Blackmail

Section 1481. Extortion defined

Section 1482. Threats constituting extortion

Section 1483. Extortion or attempted extortion

Section 1484. Extortion under color of official right

Section 1485. Obtaining signature by extortion

Section 1486. Letters, threatening

Section 1487. Reserved

Section 1488. Blackmail

Chapter 61. False Pretenses, False Personations, Cheats and Frauds

Frauds in General

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

Section 1501. Securing credit fraudulently—Penalty

Section 1502. Fraudulent advertising prohibited—Punishment

Section 1503. Value of One Thousand Dollars or less— Value of One Thousand Dollars or more

Section 1504. Reserved

Section 1505. False increase of weight

Section 1506. Mock auction

Section 1507. Fraud by auctioneer

Section 1508. Fictitious co-partnership

Section 1509. Reserved

Section 1510. Destroying evidence of ownership of wrecked property

Section 1511. Fraud in limited partnership

Section 1512. Reserved

Section 1513. Reserved

Section 1514. Insignia, badge or pin calculated to deceive, wearing of—Name of society, order or organization calculated to deceive, using—Punishment

Section 1515. Telecommunication services—Unlawful procurement—Penalty

Section 1516. Devices or plans to procure services—Making, possessing, etc., prohibited— Penalty

Section 1517. Amateur radio operators exempt

Misrepresentation of Age by False Document Act

Section 1518. Short Title

Section 1519. Misrepresentation of age by false document

Section 1520. Provisions as cumulative

Section 1521. Motor vehicle lease or rental—Payment by false or bogus check

Section 1522. Reserved

Section 1523. Reserved

Section 1524. Reserved

Section 1525. Reserved

Section 1526. Reserved

Section 1527. Reserved

Section 1528. False personation—Marriage—Becoming bail or surety—Execution of instrument—Creating liability or benefit

Section 1529. Receiving money or property intended for individual personated

Section 1530. Penalties—Definitions—Certain defenses excluded

Section 1531. Identity theft—Penalties—Civil action

Section 1532. Fraudulently obtaining another person’s information of financial institution— Presenting false or fraudulent information to officer, employee, agent or another customer of financial institution

Section 1533. Identity theft incident report—Preparation and filing by law enforcement— Reports not considered open cases

False Pretenses; Trick or Deception

Section 1541.1. Obtaining or attempting to obtain property by trick or deception—False statements or pretenses—Confidence game—Penalty

Section 1541.2. Value of Money, Property or Valuable Thing

Section 1541.3. Value of One Thousand Dollars or more

Section 1541.4. False or bogus check or checks defined; prima facie evidence of intent to defraud and knowledge of insufficient funds or credit; effect of refusal by drawee of check offered for purchase of goods or livestock

Section 1541.5. Credit defined

Section 1541.6. Refund fraud—Penalties

Section 1542. Obtaining property or signature under false pretenses—Use of retail sales receipt or Universal Price Code Label to cheat or defraud

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

Section 1544. False negotiable paper

Section 1545. Using false check—False token

Section 1546. Removing, defacing, altering or obliterating—Subsequent sale

Section 1547. Person acquiring machine or device with mark removed, altered, etc

Section 1548. Vehicles excepted

Section 1549. Changes of serial numbers by original manufacturer

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

Credit Cards

Section 1550.1. Definitions

Section 1550.2. Value of One Thousand Dollars or less—Value of One Thousand Dollars or More

Section 1550.3. Actual notice

Credit Card Crime Act

Section 1550.21. Definitions

Section 1550.22. Taking credit card or debit card—Receiving taken credit or debit card

Section 1550.23. Receiving, holding or concealing lost or mislaid card

Section 1550.24. Selling or buying credit card or debit card

Section 1550.25. Controlling credit or debit card as security for debt

Section 1550.26. Receiving taken or retained card upon giving consideration

Section 1550.27. False making or embossing of credit or debit card

Section 1550.28. Signing of card—Possession of signed or unsigned card

Section 1550.29. Forged or revoked card

Section 1550.30. Failure to furnish money, goods or services represented to have been furnished

Section 1550.31. Possessing incomplete cards

Section 1550.32. Receiving of money, goods, or services in violation of Section 1550.29

Section 1550.33. Penalties

Section 1550.34. Other criminal law not precluded—Exception

Section 1550.35. Provisions cumulative

Section 1550.36. Short title

Identification Documents, Cards and Certificates

Section 1550.41. Definitions—Offenses—Penalties

Section 1550.42. Entities authorized to print identification documents, cards and certificates

Section 1550.43. False or fraudulent identification cards, etc.—Seizure and forfeiture of cards and equipment—Service of notice—Hearing—Claim for equipment—Liability—Expenses— Proceeds—Definitions

Chapter 62. False Weights and Measures

Section 1551. Use of false weights and measures

Section 1552. Retaining same knowingly

Section 1553. False weights and measures may be seized

Section 1554. Testing seized weights and measures—Disposition

Section 1555. Destruction of false weights or measures after conviction

Section 1556. Marking false weight or false tare

Chapter 63. Forgery or Counterfeiting

Forgery in First Degree

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

Section 1562. Reserved

Forgery in Second Degree

Section 1571. Public and corporate seals, forgery of

Section 1572. Records, forgery of

Section 1573. Making false entries in record

Section 1574. Making false certificate of acknowledgment

Section 1575. False bank note plates

Section 1576. Imitation of genuine bank note defined

Section 1577. Notes, checks, bills, drafts—Sale, exchange or delivery

Section 1578. Possession of forged evidences of debt

Section 1579. Possession of other forged instruments

Section 1580. Issuing spurious certificates of stock

Section 1581. Reissuing cancelled certificates of stock

Section 1582. False evidences of debt

Section 1583. Counterfeiting coin

Section 1584. Counterfeiting coin for exportation

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

Section 1586. Making false entries in public book

Section 1587. Forging tickets of passage

Section 1588. Postage stamps, forging

Section 1589. False entries in corporation books

Section 1590. Officer or employee of corporation making false entries

Section 1591. Possession of counterfeit coin

Section 1592. Uttering forged instruments or coin

Section 1593. Falsely obtaining signature

General Provisions

Section 1621. Forgery a felony

Section 1622. Fraudulently uttering one’s signature as that of another of same name

Section 1623. Fraudulently uttering one’s endorsement as another’s

Section 1624. Erasure and obliterations

Section 1625. Writing and written defined

Section 1626. Signing fictitious names as officers of corporations

Section 1627. False or bogus order directing payment of money

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

Chapter 64. Reserved

Chapter 65. Frauds on Insurance Companies

Section 1662. False claim or proof of loss in insurance

Section 1663. Workers’ compensation fraud—Punishment

Chapter 66. Fraudulent Insolvencies by Individuals

Section 1671. Fraudulent conveyance

Section 1672. Fraudulent removal of property

Section 1673. Assignment to creditor with preference

Section 1674. Frauds by insolvent debtor

Chapter 67. Injuries to Animals

Section 1680. Short title

Section 1680.1. Definitions

Section 1680.2. Reserved

Section 1680.3. Veterinarian required to report suspected animal abuse—Immunity from civil liability

Section 1680.4. Reserved

Section 1681. Poisoning animals

Section 1682. Instigating fights between animals

Section 1683. Keeping places for fighting animals

Section 1684. Reserved

Section 1685. Cruelty to animals

Section 1686. Abandoned animals—Euthanasia—Custody of animal following arrest

Section 1687. Reserved

Section 1688. Animals in transit

Section 1689. Poisonous drugs, unjustifiable administration of

Section 1690. Reserved

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

Section 1692. Penalty

Chapter 68. Larceny

Section 1701. Larceny defined

Section 1702. Larceny of lost property

Section 1703. Degrees of larceny

Section 1704. Grand and petit larceny defined

Section 1705. Grand larceny a felony

Section 1706. Punishment for petit larceny

Section 1707. Grand larceny—Receiving or Purchasing Stolen Property

Section 1708. Definitions

Section 1709. Receiving stolen property—Presumption

Section 1710. Fraudulent consumption of gas

Section 1715. Bringing stolen property into the Choctaw Nation of Oklahoma

Section 1716. Tapping pipeline

Section 1717. Taking oil, gas, gasoline or any product thereof—When misdemeanor or felony

Section 1718. Mercury—Possession of more than one pound without written evidence of title—Penalty—Defenses

Section 1719. Copper—Stealing or removing—Penalties

Section 1720. Possessing, receiving or transporting stolen copper—Penalty

Section 1721. Act as cumulative—Definitions

Section 1722. Larceny of merchandise from retailer or wholesaler—Punishment—Recidivists

Section 1723. Shoplifting—Civil liabilities—Public service in lieu of damages—Limitations— Jurisdiction

Section 1724. Larceny of trade secrets—Applicability of section

Section 1725. Larceny of cable, information, or telecommunications services

Section 1726. Seizure and forfeiture proceedings—Vehicles, airplanes, vessels, etc. used in attempt or commission of certain crimes

Section 1727. Library theft

Section 1728. Pump Pirates Act

Section 1729. Dimensional stone product—Stealing or removing

Unlawful use of a Recording Device

Section 1741. Unlawful Use of a Recording Device—Definitions—Violations—Penalties— Liability—Exclusions—Other laws

Section 1742. Telephone records—Definitions

Section 1743. Unauthorized or fraudulent procurement, sale or receipt of telephone records

Section 1744. Limitation on applicability of act

Section 1745. Reasonable procedures to protect telephone records required

Chapter 69. Malicious Mischief

Section 1751. Railroads, injuries to

Section 1752. Death from displacing of railroad equipment

Section 1752.1. Trespass upon or interference with railroad property

Section 1753. Highways, injuries to

Section 1753.1. Throwing, dropping, depositing or otherwise placing litter upon highways, roads or public property—Penalties

Section 1753.2. Defacing, stealing or possessing road signs or markers—Violation resulting in personal injury or death—Penalties

Section 1754. Obstructing highways—Punishment—Damages

Section 1755. Reserved

Section 1756. Irrigation ditches, canals, water lines or conduits—Interference with

Section 1757. Penalty

Section 1758. Malicious injury or destruction of property generally—Punishment—Damages

Section 1759. Following sections not restrictive of Section 1758

Section 1760. Dumping of trash on public or private property prohibited—Penalties

Section 1761. Reserved

Section 1762. Reserved

Section 1763. House of worship or contents, injuring

Section 1764. Use or threat to use explosive, incendiary device, or simulated bomb to damage or injure persons or property

Section 1765. Violations of preceding section

Section 1766. Definitions

Section 1767. Tracing of telephone calls—Immunity

Section 1768. Reserved

Section 1769. Trespass by Destroying, Cutting or Taking Wood, Timber, etc.

Section 1770. Standing crops, injuring

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

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

Section 1773. Injuring fruit or ornamental trees

Section 1774. Removing or altering landmarks

Section 1775. Piers or dams, interfering with

Section 1776. Destroying dam

Section 1777. Piles, removing or injuring

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

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

Section 1780. Reserved

Section 1781. Letters, opening and reading—Publishing letters

Section 1782. Reserved

Section 1783. Reserved

Section 1784. Reserved

Section 1785. Works of literature or art in, injuring

Section 1786. Injuries to pipes and wires

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

Section 1788. Penalty

Section 1789. Caves or caverns, injuring

Section 1790. Reserved

Chapter 70. Other Offenses Against Property Rights

Section 1834. Chattels encumbered by mortgage, conditional sales contract or security agreement—Removal or destruction

Section 1834.1. Sale of secured personal property—Debtor as trustee of funds received

Section 1835. Trespass on posted property after being forbidden or without permission— Penalties—Exceptions

Section 1835.1. Entry or presence upon premises of place of business of persons convicted of certain crimes

Section 1835.2. Trespass upon private land primarily devoted to farming, ranching, or forestry—Exceptions—Affirmative defense

Section 1840. Anonymous campaign literature

Serial Numbers on Farm Machinery

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

Section 1842. Exception to application of act

Section 1843. Violations—Punishment

Spurious Coins in Coin-Operated Machines

Section 1848. Definitions

Section 1849. Operation of machines by spurious coins—Penalty

Section 1850. Manufacture or sale of spurious coins for unlawful use—Penalty

Reporting of Fires

Section 1851. False reporting

Section 1852. Penalty

Computer Crimes Act

Section 1951. Short title

Section 1952. Definitions

Section 1953. Prohibited acts

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

Section 1955. Penalties—Civil actions

Section 1956. Access of computer, computer system or computer network in one jurisdiction from another jurisdiction—Bringing of action

Section 1957. Access to computers, computer systems and computer networks prohibited for certain purposes—Penalty

Section 1958. Subpoenas prior to commencement of proceedings—Noncompliance— Misdemeanor

Laser Safety Act

Section 1992. Short title—Penalties—Definitions

Section 1993. Tampering with or disabling security or surveillance camera or security system

Choctaw Nation Code of Criminal Procedure:

Chapter 1. General Provisions

Section 1. Title of code

Section 2. Information necessary, except when

Section 3. Code not retroactive

Section 4. Construction of words

Section 4A. “Court”, “courts of the Choctaw Nation”, “courts in the Choctaw Nation” and “court clerk” defined

Section 5. Writing includes printing

Section 6. Oath includes affirmation

Section 7. Signature

Section 8. Application of statutes

Section 9. Common law prevails, when

Section 10. Criminal action defined

Section 11. Prosecution is by

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