8B-1-101. Short Title.

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TITLE 8B

CROW CRIMINAL CODE

CHAPTER 1

8B-1-101. Short Title.

This act shall be known and may be cited as the “Crow Criminal Code.”

8B-1-102. General Purposes and Principles of Construction.

(1) The General Purposes of the provisions governing the definition of offenses are:

(a) to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or

public interests;

(b) to safeguard conduct that is without fault from condemnation as criminal;

(d) to differentiate on reasonable grounds between serious and minor offenses.

(2) The rule of common law, that penal statutes are to be strictly construed, has no application in this code. All its

provisions are to be construed according to the fair import of their terms, with a view to effect its object and to

promote justice.

8B-1-103. Application to offenses committed before and after enactment.

(1) The provisions of this code apply to any offense defined in this code and committed after adoption by the Crow

Tribal Council.

(2) The provisions of this code do not apply to any offense defined outside of this code committed before the date

of adoption. Such an offense must be construed and punished according to the provisions of law existing at the time

of the commission thereof in the same manner as if this code had not been enacted.

8B-1-104. Other limitations on applicability.

(1) This code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or

other remedy authorized by law to be recovered, and the civil injury is not merged into the offense.

(2) No conduct constitutes an offense unless it is described as an offense in this code or in a resolution or ordinance

of the Crow Tribe. However, this provision does not affect the power of a court to punish for contempt or to employ

any sanction authorized by law for the enforcement of an order, civil judgment or decree.

8B-1-105. Jurisdiction of the Crow Tribal Court.

(1) The Crow Tribal Court shall have jurisdiction of all offenses enumerated in this code, plus any additional

offenses enumerated in tribal resolutions or ordinances.

(2) The fact that an offense defined within this code may also be an offense defined by 18 U.S.C.§ 1153 (Major

Crimes Act) does not preclude the Crow Tribal Court from exercising its lawful jurisdiction over this same offense.

(3) The jurisdiction of the Crow Tribal Court in regard to offenses within this code or offenses defined in tribal

resolutions or ordinances shall be limited to Indians, until the

U.S. Congress permits the Crow Tribe to take jurisdiction over non-Indians. (For definition of an “Indian” see 8-2101).

(4) A person is subject to prosecution by the Crow Tribe for any offense which he/she commits, while either within

or outside of the Crow Indian Reservation, by his/her own conduct or that of another for which he/she is legally

accountable, if:

(a) The offense is committed either wholly or partly within the Crow Indian Reservation; or

(b) The conduct outside the Crow Indian Reservation constitutes an attempt to commit an offense within the Crow

Indian Reservation, and an act in furtherance of the offense occurs in the Crow Indian Reservation; or

another jurisdiction an offense under the laws of the Crow Tribe and such other jurisdiction.

(5) An offense is committed within the Crow Indian Reservation, if either the conduct which is an element of the

offense, or the result which is an element, occurs within the Crow Indian Reservation.

(6) An offense which is based on an omission to perform a duty imposed by the law of the Crow Tribe is

committed within the Crow Indian Reservation, regardless of the location of the offender at the time of the omission.

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(7) The Crow Indian Reservation includes the land, water and the air space above such land and water, within the

exterior boundaries of the Crow Indian Reservation, and any land and water subsequently added thereto,

notwithstanding the issuance of a patent, and includes rights-of-way running through the Crow Indian Reservation.

8B-1-106. General Time Limitations.

(1) A prosecution for any act defined as a crime within this code or tribal resolutions or ordinances, unless a

different time limitation is prescribed within the resolution or ordinance, must be commenced within one (1) year

after it is committed.

(2) The period prescribed in subsection (1) is extended in a prosecution for theft involving a breach of fiduciary

obligation to an aggrieved person as follows:

(a) If the aggrieved person is a minor or incompetent, during the minority or incompetency or within one (1) year

after the termination thereof;

(b) In any other instance, within one (1) year after the discovery of the offense by the aggrieved person or by a

person who has legal capacity to represent an aggrieved person, or has a legal duty to report the offense and is not

himself/herself a party to the offense or, in the absence of such discovery, within one (1) year after the prosecuting

officer becomes aware of the offense.

(3) An offense is committed either when every element occurs or, when the offense is based upon a continuing

course of conduct, at the time when the course of conduct is terminated. Time starts to run on the day after the

offense is committed.

(4) A prosecution is commenced when a complaint is filed.

8-1-107. Periods excluded from limitations. The period of limitation does not run:

(1) During any period in which the offender is not present within the boundaries of the Crow Indian Reservation or

is otherwise beyond the jurisdiction of the Crow Tribe; or

(2) During any period in which the offender is a public officer and the offense charged is theft of public funds

while in public office; or

(3) During a prosecution pending against the offender for the same conduct, even if the indictment, complaint, or

information which commences the prosecution is dismissed.

8B-1-108. Penalties. Penalties for punishable offenses are categorized into the following penalty ranges:

(1) Class A - includes all felony offenses and various repeat offenses. The offender shall be imprisoned in the

Crow Tribal jail for any term not to exceed 1 year or be fined an amount not to exceed $5000.00 payable to the

Crow Tribal Court, or both.

(2) Class B - includes all repeat misdemeanors and those committed in conjunction with

other offenses. The offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be

fined an amount not to exceed $750.00 payable to the Crow Tribal Court, or both..

(3) Class C - includes all first offense misdemeanors and those offenses specified throughout the following code.

The offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount

not to exceed $500.00 payable to the Crow Tribal Court, or both.

(4)

(a) The Crow Tribal Judge at all times may at his/her own discretion, commute, enhance, or

modify any sentence by applying community service or any cultural remedies within the guidelines

of the Indian Civil Rights Act provided, however, that any fine imposed shall not exceed the

maximum allowable for a violation of the specific offense.

(b) The Crow Tribal Court may in appropriate cases order restitution for any damage, loss, or injury

sustained by the victim or persons dependant upon the victim for support.

CHAPTER 2

8B-2-101. General Definitions. Unless otherwise specified in this code, all words will be taken in the objective

standard rather than in the subjective standard, and unless a different meaning plainly is required, the following

definitions apply in this title:

(1) “ACTS” has its usual and ordinary meaning and includes any bodily movement, any form of

communication, and when relevant, a failure or omission to take action.

(2) “ANOTHER” means a person or persons as defined in this code other than the offender.

(3) “BENEFIT” means gain or advantage or anything regarded by the beneficiary as gain or advantage,

including benefit to any other person or entity in whose welfare he/she is interested. Benefit does not include an

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advantage promised generally to a group or class of voters as a consequence of public measures which a candidate

engages to support or oppose.

(4) “BODILY INJURY” means physical pain, illness, or any impairment of physical condition and includes

mental illness or impairment.

(5) “CHARGE” means a written statement presented to a court accusing a person of the commission of an

offense and includes a complaint.

(6) “COHABIT” means to live together regardless of whether the persons are married.

(7) “COMMON SCHEME” means a series of acts or omissions motivated by a purpose to accomplish a

single criminal objective or by a common purpose or plan that results in the repeated commission of the same

offense or affects the same person or the same persons or the property of the same person or persons.

(8) “COMPUTER” means an electronic device that performs logical, arithmetic, and memory functions by

the manipulation of electronic or magnetic impulses and includes all input, output, processing, storage, software, or

communication facilities that are connected or related to that device in a system or network.

(9) “COMPUTER NETWORK” means the interconnection of communication systems between computers

or computers and remote terminals.

(10) “COMPUTER PROGRAM” means an instruction or statement or a series of instructions or

statements, in a form acceptable to a computer, that in actual or modified form permits the functioning of a computer

or computer system and causes it to perform specified functions.

(11) “COMPUTER SERVICES” include but are not limited to computer time, data processing, and storage

functions.

(12) “COMPUTER SOFTWARE” means a set of computer programs, procedures, and associated

documentation concerned with the operation of a computer system.

(13) “COMPUTER SYSTEM” means a set of related, connected, or unconnected devices, computer

software, or other related computer equipment.

(14) “CONDUCT” means an act or series of acts and the accompanying mental state.

(15) “CONVICTION” means a judgment of conviction or sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense rendered by a legally constituted jury or by a court of competent

jurisdiction authorized to try the case without a jury.

(16) “CORRECTIONAL INSTITUTION” means the Crow Tribal Jail or other facility utilized for

correctional purposes or other institution for the incarceration or custody of persons under sentence for offenses or

awaiting trial or sentence for offenses.

(17) “COURT” means a place where justice is judicially administered and includes a Judge thereof.

(18) “DANGEROUS DRUG” means any controlled substance as defined by Schedules I through V of

Section 202 of the Controlled Substances Act (21 U.S.C. 812).

(19) “DECEPTION” means knowingly to:

(a) create or confirm in another an impression which is false and that the offender does not believe

to be true;

(b) fail to correct a false impression which the offender previously has created or confirmed;

(d) sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal

impediment to the enjoyment of the property, whether the impediment is or is not of value or is or

is not a matter of official record; or

(e) promise performance which the offender does not intend to perform or knows will not be performed.

Failure to perform, standing alone, is not evidence that the offender did not intend to perform.

(20) “DEFAMATORY MATTER” means anything that exposes a person or group, class, or association to

hatred, contempt, ridicule, degradation or disgrace in society or injury to the person or group or its business

or occupation.

(21) “DEPRIVE” means:

(a) to withhold property of another:

(i) permanently;

(ii) for such a period as to appropriate a portion of its value;

(iii) with the purpose to restore it only upon payment of reward or other compensation; or

(b) to dispose of the property and to use or deal with the property so as to make it unlikely that the owner

will recover it.

(22) “DEVIATE SEXUAL RELATIONS” means sexual contact or any form of sexual intercourse with an

animal.

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(23) “FELONY” means an offense in which the sentence imposed may result in imprisonment in a Federal

Correctional institution for at least (1) one year.

(24) “A FRISK” means a search by an external patting of a persons clothing.

(25) “FORCIBLE OFFENSE” means any offense which involves the use or threat of physical force or

violence against an individual.

(26) “GOVERNMENT” includes any branch, subdivision, or agency of the government of the Crow Tribe

or any locality within it.

(27) “HARM” means loss, disadvantage, or injury or anything so regarded by the person affected,

including loss, disadvantage, or injury to any person or entity in whose welfare the affected person is interested.

(28) “HOUSE OF PROSTITUTION” means any place where prostitution is regularly carried on by one or

more persons under the control, management, or supervision of another.

(29) “HUMAN BEING” means a person who has been born and is alive or a person who has reached the

Third trimester of development who has not yet been born. A person who has reached the Third trimester of

development is presumed viable and alive for purposes of this code.

(30) “ILLEGAL ARTICLE” means any article or thing which is prohibited by code, resolution, or

ordinance from being in the possession of a person subject to official detention.

(31) “INDIAN” means:

(a) any person who is an enrolled member of, or is or was entitled to be enrolled

member of, any Indian tribe, recognized or which was at any time recognized by the United States Government;

(b) any person of Indian descent who is recognized by the United States Government as a Native Indian for

any purpose whatsoever, but not restricted to enrollment, tribal membership, or receipt of tribal benefits;

the Crow Indian Reservation;

(d) any Eskimo, Aleut, or other member of an Alaskan aboriginal group;

(e) any native Hawaiian or member of a Hawaiian aboriginal group.

(32) “INTOXICATING SUBSTANCE” means any controlled substance as defined in the Crow Tribal

Drug Act and any alcoholic beverage including but not limited to any beverage containing ½ of 1 percent

or more of alcohol by volume.

(33) “AN INVOLUNTARY ACT” means an act that is:

(a) a reflex or convulsion;

(b) a bodily movement during unconsciousness or sleep;

(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either

conscious or habitual.

(34) “JUDGE” means a person vested by law with the power to perform judicial functions.

(35) “JUDGMENT” means an adjudication by the Court that the defendant is guilty or not guilty, and if the

adjudication is that the defendant is guilty, it includes the sentence pronounced by the Court.

(36) “ JUROR” means any person who is a member of any jury, and also includes a person who has been

drawn or summoned to attend as a prospective juror.

(37) “KNOWINGLY” A person acts knowingly with respect to conduct or to a circumstance described by a

provision defining an offense when he/she is aware of his/her conduct or that the circumstance exists. A person acts

knowingly with respect to the result of conduct described by a provision defining an offense when he/she is aware

that it is highly probable that the result will be caused by his/her conduct. When knowledge of the existence of a

particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its

existence. Equivalent terms, such as “knowing” or “with knowledge,” have the same meaning.

(38) “MENTALLY DEFECTIVE” means that a person suffers from a mental disease or defect that renders

the person incapable of appreciating the nature of his/her conduct.

(39) “ MENTALLY INCAPACITATED” means that a person is rendered temporarily incapable of

appreciating or controlling his/her conduct as a result of the influence of an intoxicating substance.

(40) “MISDEMEANOR” means an offense in which the sentence imposed upon conviction is

imprisonment in the Crow Tribal Jail for a term not to exceed six (6) months or a fine not to exceed $500 or both.

(41) “NEGLIGENTLY” a person acts negligently with respect to a result or to a circumstance described by

a provision defining an offense when the person consciously disregards a risk that the result will occur or that the

circumstance exist or when the person disregards a risk of which he/she should be aware that the result will occur or

that the circumstances exist. The risk must be of a nature and degree that to disregard it involves a gross deviation

from the standard of conduct that a reasonable person would observe in the actor’s situation. “Gross deviation”

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means a deviation that is considerably greater than lack of ordinary care. Relevant terms such as “negligent” and

“with negligence” have the same meaning.

(42) “OBTAIN” means:

(a) in relation to property, to bring about a transfer of interest or possession whether to the offender or to

another; and

(b) in relation to labor or services, to secure the performance thereof.

(43) “OBTAINS OR EXERTS CONTROL” includes but is not limited to the taking, the carrying away, or

the sale, conveyance, transfer of title to, interest in, or possession of property.

(44) “ OCCUPIED STRUCTURE” means any building, vehicle, or other place suitable for human

occupancy or night lodging of persons or for carrying on business whether or not a person is actually present. Each

unit of a building consisting of two or more units separately secured or occupied is a separate occupied structure.

(45) “OFFENDER” means a person who has been or is liable to be arrested, charged, convicted, or

punished for a public offense.

(46) “OFFICIAL DETENTION”

means imprisonment resulting from a conviction for an offense,

confinement for an offense, confinement of a person charged with an offense, detention by a peace officer pursuant

to arrest, detention for extradition or deportation, or any lawful detention for the purpose of the protection of the

welfare of the person detained or for the protection of society. “OFFICIAL DETENTION” does not include

supervision of probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person

arrested employed physical force, a threat of physical force, or a weapon to escape.

(47) “OFFICIAL PROCEEDING” means a proceeding heard or that may be heard before any legislative,

judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including

any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection

with the proceeding.

(48) “OWNER” means a person, other than the offender, who has possession of or any other interest in

the property involved, even though the interest or possession is unlawful, and without whose consent the offender

has no authority to exert control over the property.

(49) “PEACE OFFICER” means any person who by virtue of his/her office or public employment is

vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope of

his/her authority.

(50) “PECUNIARY BENEFIT” is benefit in the form of money, property, commercial interests, or

anything else the primary significance of which is economic gain.

(51) “ PERSON” includes an individual, business association, partnership, corporation, government, or

other legal entity and an individual acting or purporting to act for or on behalf of any government or subdivision

thereof.

(52) “PHYSICALLY HELPLESS” means that a person is unconscious or is otherwise physically unable to

communicate unwillingness to act.

(53) “POSSESSION” is the knowing control of anything for a sufficient time to be able to terminate

control.

(54) “PREMISES” includes any type of structure or building and any real property.

(55) “PROPERTY” means any tangible or intangible thing of value. Property includes, but is not limited

to:

(a) real estate;

(b) money;

(d) admission or transportation tickets;

(e) written instruments that represent or embody rights concerning anything of value, including labor or

services, or that are otherwise of value to the owner;

(f) things growing on, affixed to, or found on land and things that are part of or affixed to any building;

(g) electricity, gas, and water;

(h) birds, animals, and fish that ordinarily are kept in a state of confinement;

(i)

food and drink, samples, cultures, microorganisms, specimens, records, recordings, documents,

blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes, or models thereof;

(j) any other articles, materials, devices, substances, and any whole or partial copies, descriptions,

photographs, prototypes, or models thereof that constitute, represent, evidence, reflect, or record secret scientific,

technical, merchandising, production, or management information or a secret designed process, procedure, formula,

invention, or improvement; and

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(k) electronic impulses, electronically processed or produced data or information, commercial instruments,

computer software or computer programs, on either machine- or human-readable form, computer services, any other

tangible or intangible item of value relating to a computer, computer system, or computer network, and any other

copies thereof.

(56) “PROPERTY OF ANOTHER” means real or personal property in which a person other than the

offender has an interest that the offender has no authority to defeat or impair, even though the offender himself may

have an interest in the property.

(57) “PUBLIC PLACE” means any place to which the public or any substantial group has access.

(58) “PUBLIC SERVANT” means any official or employee of Tribal government, including but not

limited to Tribal officials, judges, and any person participating as a juror, advisor, consultant, administrator,

executor, guardian, or court appointed fiduciary. The term does not include witnesses. The term “public servant”

includes one who has been elected or designated to become a public servant.

(59) “PURPOSELY” A person acts purposely with respect to a result or to conduct described by a

provision defining an offense if it is the person’s conscious object to engage in that conduct or to cause that result.

When a particular purpose is an element of an offense, the element is established although the purpose is

conditional, unless the condition negates the harm or evil sought to be prevented by the law defining the offense.

Equivalent terms, such as “Purpose” and “With the purpose”, have the same meaning.

(60) “SENTENCE” means the punishment imposed on the defendant by the court.

(61) “SERIOUS BODILY INJURY” means bodily injury that creates a substantial risk of death, or which

causes serious permanent disfigurement or protracted loss or impairment of the function or process of any bodily

member or organ. “Serious bodily injury” includes serious mental illness or impairment.

(62) “SEXUAL CONTACT” means any touching of the sexual or other intimate parts of the person of

another.

(63) “SEXUAL INTERCOURSE” means penetration of the vulva, anus, or mouth of one person, by any

body member of another person, or penetration of the vulva or anus of one person by any foreign instrument or

object manipulated by another person. Any penetration, however slight, is sufficient.

(64) “SOLICIT” or “SOLICITATION” means to command, authorize, urge, incite, request, or advise

another to commit an offense.

(65) “STOLEN PROPERTY” means property over which control has been obtained by theft.

(66) “A STOP” is the temporary detention of a person that results when a peace officer orders the person to

remain in the peace officer’s presence.

(67) “TAMPER” means to interfere with something improperly, meddle with it, make unwarranted

alterations in its existing condition, or deposit refuse upon it.

(68) “THREAT” means a menace, however communicated, to:

(a) inflict physical harm on the person threatened or any person or property;

(b) subject any person to physical confinement or restraint;

(d) accuse any person of a criminal offense;

(e) expose any person to hatred, contempt, or ridicule;

(f) harm the credit or business repute of any person;

(g) reveal any information sought to be concealed by the person threatened;

(h) take action as an official against anyone or anything, withhold official action, or cause such action or

withholding;

(i) bring about or continue a strike, boycott, or other similar collective action if the person making the

threat demands or receives property that is not for the benefit of the groups that the person purports to

represent; or

(j) testify or provide information or withhold testimony or information with respect to another’s legal claim

or defense.

(69) “VALUE” means the market value of the property at the time and place of the crime or, if the market

value cannot be satisfactorily ascertained, the cost of the replacement of the property within a reasonable time after

the crime.

(a) If the offender appropriates a portion of the value of the property, the value must be determined as

follows :

(i) the value of an instrument constituting an evidence of debt, such as a check, draft, or

promissory note, is considered the amount due or collectible. The figure is ordinarily the face amount of the

indebtedness less any portion of the indebtedness that has been satisfied.

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(ii) the value of any other instrument that creates, releases, discharges, or otherwise affects any

valuable legal right, privilege, or obligation is considered the amount of economic loss that the owner of the

instrument might reasonably suffer by virtue of the loss of the instrument.

(iii) the value of electronic impulses, electronically produced data or information, computer

software or programs, or any other tangible or intangible item relating to a computer, computer system, or computer

network is considered to be the amount of economic loss that the owner of the item might reasonably suffer by

virtue of the loss of the item. The determination of the amount of economic loss includes but is not limited to

consideration of the value of the owner’s right to exclusive use or disposition of the item.

(b) When it cannot be determined if the value of the property is more or less than $500 by the standards

set forth in subsection (69)(a), its value is considered to be an amount less than $500.

from the same person or several persons, may be aggregated in determining the value of the property.

(70) “VEHICLE” means any device for transportation by land, water, air, or mobile equipment, with

provision for transport of an operator.

(71) “WEAPON” means any instrument, article, or substance that, regardless of its primary function, is

readily capable of being used to produce death or serious bodily injury.

(72) “WITNESS” means a person whose testimony is desired in any official proceeding, in a criminal

action, prosecution, or proceeding.

8B-2-102. Voluntary Act. A material element of every offense is a voluntary act, which includes an omission to

perform a duty which the law imposes on the offender and which he/she is physically capable of performing.

Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of

his/her control thereof for a sufficient time to have been able to terminate his control.

8B-2-103. General requirements of criminal act and mental state.

(1) A person is not guilty of an offense, other than an offense which involves absolute liability, unless, with respect

to each element described by the section defining the offense, he/she acts while having one of the mental states of

knowingly, purposely, or negligently.

(2) The existence of a mental state may be inferred from the acts of the accused and the facts and circumstances

connected with the offense.

(3) If the statute defining an offense prescribes a particular mental state with respect to the offense as a whole,

without distinguishing among the elements of the offense, the prescribed mental state applies to each element.

(4) Knowledge that certain conduct constitutes an offense or knowledge of the existence, meaning, or application

of the statute defining an offense is not an element of the offense unless the statute clearly defines it as an element.

(5) A person’s reasonable belief that his/her conduct does not constitute an offense is a defense if:

(a) the offense is defined by a resolution or ordinance that is not known to the person and has not been

published or otherwise made reasonably available to the person and he/she could not have acquired such knowledge

by the exercise of due diligence pursuant to facts known to him/her;

(b) the person acts in reliance upon a resolution which is later determined to be invalid;

(c)

the person acts in reliance upon an order or opinion of the Crow Tribal Court later overruled or

reversed; or

(d) the person acts in reliance upon an official interpretation of the provision, regulation, or order defining

the offense made by a public officer or agency legally authorized to interpret the statute.

(6) If a person’s reasonable belief is a defense under subsection (5), nevertheless the person may be convicted of an

included offense of which he/she would be guilty if the law were as he/she believed it to be.

(7) Any defense based upon this section is an affirmative defense.

8B-2-104. Substitutes for negligence and knowledge. When the law provides that negligence suffices to establish

an element of an offense, such element also is established if a person acts purposely or knowingly. When acting

knowingly suffices to establish an element, such element also is established if a person acts purposely.

8B-2-105. Causal relationship between conduct and result.

(1) Conduct is the cause of a result if:

(a) without the conduct the result would not have occurred; and,

(b) any additional causal requirements imposed by the specific statute defining the offense are satisfied.

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(2) If purposely or knowingly causing a result is an element of an offense, and the result is not within the

contemplation or purpose of the offender, either element can nevertheless be established if:

(a) the result differs from that contemplated only in the respect that a different person or different property

is affected, or that the injury or harm caused is less than contemplated; or

(b) the result involves the same kind of harm or injury as contemplated but the precise harm or injury was

different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the

offender’s liability or on the gravity of the offense.

(3) If negligently causing a particular result is an element of an offense, and the result is not within the

risk of which the offender is aware, or should be aware, either element can nevertheless be established if:

(a) the actual result differs from the probable result only in the respect that a different person or different

property is affected, or that the actual injury or harm is less; or

(b) the actual result involves the same kind of injury or harm as the probable result, unless the actual result

is too remote or accidental to have a bearing on the offender’s liability or on the gravity of the offense.

8B-2-106. Responsibility-- intoxicated condition. A person who is in an intoxicated condition is criminally

responsible for his/her conduct and an intoxicated condition is not a defense to any offense and may not be taken

into consideration in determining the existence of a mental state which is an element of the offense unless the

defendant proves that he/she did not know that it was an intoxicating substance when he/she consumed, smoked,

sniffed, injected, or otherwise ingested the substance causing the condition.

8B-2-107. Consent as a defense.

(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.

(2) Consent is ineffective if:

(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the

offense;

(b) it is given by a person who by reason of youth, mental disease or defect, or intoxication is unable to

make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the

offense;

(d) it is against the public policy to permit the conduct or the resulting harm, even though consented to.

8B-2-108. Compulsion. A person is not guilty of an offense, by reason of conduct which he/she performs under

the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if he/she reasonably

believes that death or serious bodily harm will be inflicted upon him/her if he/she does not perform such conduct.

8B-2-109. Entrapment.

A person is not guilty of an offense if his/her conduct is incited or induced by a public

servant or his/her agent for the purpose of obtaining evidence for the prosecution of such person. However, this

section is inapplicable if a public servant or his/her agent merely affords to such person the opportunity or facility

for committing an offense in furtherance of a criminal purpose which such person has originated.

8B-2-110. Accountability for conduct of another. A person is responsible for conduct which is an element of an

offense, if the conduct is either that of the person or that of another, and he/she is legally accountable for such

conduct as provided in section 8B-2-111, or both.

A person is legally accountable for the conduct of another when:

8B-2-111. When accountability exists.

(1) having a mental state described by the statute defining the offense, a person causes another to perform

the conduct, regardless of the legal capacity or mental state of the other person;

(2) the statute defining the offense makes the person so accountable; or

(3) either before or during the commission of an offense with the purpose to promote or facilitate such

commission, he/she solicits, aids, abets, agrees, or attempts to aid, such other person in the planning or commission

of the offense. However, a person is not so accountable if:

(a) he/she is a victim of the offense committed unless the statute defining the offense provides

otherwise; or

(b) before the commission of the offense, he/she terminates his/her effort to promote or facilitate

such commission and does one of the following:

(i) wholly deprives his/her prior efforts of effectiveness in such commission;

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(ii) gives timely warning to the proper law enforcement authorities; or

(iii) otherwise makes proper effort to prevent the commission of the offense.

8B-2-112. Separate conviction of person accountable.

(1) A person who is legally accountable for the conduct of another which is an element of

an offense may

be convicted upon proof that the offense was committed and that he/she was so accountable, although the other

person claimed to have committed the offense has not been prosecuted or convicted, has been convicted of a

different offense, is not amenable to justice, or has been acquitted.

(2) A person convicted of being legally accountable for the conduct of another is subject to the penalty for the

offense that has been committed.

Chapter 3 - JUSTIFIABLE USE OF FORCE

8B-3-101. Definitions.

(1) “FORCIBLE OFFENSE” means any offense which involves the use or threat of physical force or violence

against any individual.

(2) “FORCE LIKELY TO CAUSE DEATH OR SERIOUS BODILY HARM” Within this code includes

but is not limited to:

(a) the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict

serious bodily harm; and

(b) the firing of a firearm at a vehicle in which a person is riding.

8B-3-102. Use of force in defense of person. A person is justified in the use of force or threat to use force against

another when and to the extent that he/she reasonably believes that such conduct is necessary to defend

himself/herself or another against such other’s imminent use of unlawful force. However, he/she is justified in the

use of force likely to cause death or serious bodily harm only if he/she reasonably believes that such force is

necessary to prevent imminent death or serious bodily harm to himself/herself or another, or to prevent the

commission of a forcible offense.

8B-3-103. Use of force in defense of occupied structure. A person is justified in the use of force or threat to use

force against another when and to the extent that he/she reasonably believes that such conduct is necessary to

prevent or terminate such other’s unlawful entry into or attack upon an occupied structure. However, a person is

justified in the use of force likely to cause death or serious bodily harm only if:

(1) the entry is made or attempted in a violent, riotous, or tumultuous manner, and he/she reasonably

believes that such force is necessary to prevent an assault upon, or attack of personal violence to the person or

another then in the occupied structure; or

(2) the person reasonably believes that such force is necessary to prevent the commission of a forcible

offense in the occupied structure.

8B-3-104. Use of force in defense of other property. A person is justified in the use of force or threat to use force

against another when and to the extent that he/she reasonably believes that such conduct is necessary to prevent or

terminate such other’s trespass on or other tortuous or criminal interference with either real property (other than an

occupied structure) or personal property lawfully in his possession or in the possession of another who is a member

of his/her immediate family or household, or of a person whose property the person has a legal duty to protect.

However, a person is justified in the use of force likely to cause death or serious bodily harm in defense of other

property only if he/she reasonably believes that such force is necessary to prevent the commission of a forcible

offense.

8B-3-105. Use of force by aggressor. The justification described in 8B-3-102 through 8B-3-104 of this code is not

available to a person who:

(1) is attempting to commit, committing, or escaping after the commission of a forcible offense; or

(2) purposely or knowingly provokes the use of force against himself/herself, unless:

(a) such force is so great that he/she reasonably believes that he/she is in imminent danger of death or

serious bodily harm and that he/she has exhausted

every reasonable means to escape such danger other than the use of force which is likely to cause death or serious

bodily harm to the assailant; or

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(b) in good faith, he/she withdraws from physical contact with the assailant and indicates clearly to the

assailant that he/she desires to withdraw and terminate the use of force but the assailant continues or resumes the use

of force.

8B-3-106. Use of force to prevent escape.

(1) A peace officer or other person who has an arrested person in custody is justified in the use of such force to

prevent the escape of the arrested person from custody as he/she would be justified in using if he/she were arresting

such person.

(2) A jailer or other peace officer is justified in the use of force, which he/she reasonably believes to be

necessary to prevent the escape from the jail of a person whom the officer reasonably believes to be lawfully

detained in such jail under sentence for an offense or awaiting trial or commitment for an offense.

8B-3-107. Use of force by a parent. A parent or an authorized agent of any parent or a guardian, master, or teacher

is justified in the use of such force as is reasonable and necessary to restrain or correct his child, ward, apprentice or

pupil.

8B-3-108. Use of force in resisting arrest.

(1) A person is not authorized to use force to resist an arrest which he/she knows is being made either by a peace

officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person

believes that the arrest is unlawful and the arrest in fact is unlawful.

(2) Resisting arrest is a Class A offense and is punishable by imprisonment in the Crow Tribal Jail for no more than

one year and a fine not to exceed $5000.00 payable to the Crow Tribal Court, or both.

8B-3-109. Affirmative defense. A defense of justifiable use of force based on the provisions of this code is an

affirmative defense.

Chapter 4 - INCHOATE OFFENSES

8B-4-101. Solicitation.

(1) A person commits the offense of solicitation when, with the purpose that an offense be committed, he/she

commands, encourages or facilitates the commission of that offense.

(2) A person convicted of solicitation shall be punished not to exceed the maximum provided for the

offense solicited.

8B-4-102. Conspiracy.

(1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, he/she agrees

with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense

unless an act in furtherance of such agreement has been committed by the person or by a co-conspirator.

(2) It shall not be a defense to conspiracy that the person or persons with whom the accused has conspired:

(a) has not been prosecuted or convicted;

(b) has been convicted of a different offense;

(d) has been acquitted; or

(e) lacked the capacity to commit the offense.

(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence

provided for the offense which is the object of the conspiracy.

8B-4-103. Attempt.

(1) A person commits the offense of attempt when, with the purpose to commit a specific offense, he/she does any

act toward the commission of such offense.

(2) It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances

it would have been impossible for the accused to commit the offense attempted.

(3) A person convicted of the offense of attempt shall be punished not to exceed the maximum provided

for the offense attempted.

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(4) A person shall not be liable under this section if, under circumstances manifesting a voluntary and

complete renunciation of his/her criminal purpose, he/she avoided the commission of the offense attempted by

abandoning his/her criminal effort.

(5) Proof of the completed offense does not bar conviction for the attempt.

Chapter 5 OFFENSES TO THE PERSON

PART 1 HOMICIDE

8B-5-101. Deliberate homicide.

(1) A person commits the offense of deliberate homicide if:

(a) the person purposely or knowingly causes the death of another human being; or

(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of

robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape,

felony assault, aggravated assault, or any other forcible offense and in the course of the forcible offense or flight

thereafter, the person or any person legally accountable for the crime causes the death of another human being.

(2) A person convicted of deliberate homicide shall receive the maximum penalty under Class A offenses of 1 year

imprisonment and a $1000.00 fine, payable to the Crow Tribal Court, or both.

8B-5-102. Mitigated deliberate homicide.

(1) A person commits the offense of mitigated deliberate homicide when the person purposely or knowingly causes

the death of another human being but does so under the influence of extreme mental or emotional stress for which

there is reasonable explanation or excuse. The reasonableness of the explanation or excuse must be determined

from the viewpoint of a reasonable person in the actor’s situation.

(2) It is an affirmative defense that the defendant acted under the influence of extreme mental or emotional

stress as provided in subsection (1). This defense constitutes a mitigating circumstance reducing deliberate

homicide to mitigated deliberate homicide and must be proved by the defendant by a preponderance of the evidence.

(3) Mitigated deliberate homicide is not an included offense of deliberate homicide.

(4) A person convicted of mitigated deliberate homicide shall receive the maximum penalty under Class A offenses

of 1 year imprisonment and/or a $1000.00 fine, payable to the Crow Tribal Court, or both.

8B-5-103. Negligent homicide.

(1) A person commits the offense of negligent homicide if he/she negligently causes the death of another human

being.

(2) Negligent homicide is not an included offense of deliberate homicide.

(3) A person convicted of negligent homicide, a Class A offense, shall be imprisoned in the Crow Tribal Jail for a

term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

8B-5-104. Aiding or soliciting suicide.

(1) A person who purposely aids or solicits another to commit suicide, but such suicide does not occur, commits the

offense of aiding or soliciting suicide.

(2) A person convicted of aiding or soliciting a suicide, a Class A offense, shall be imprisoned in the Crow Tribal

Jail for a term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court,

or both.

8B-5-105. Extrajudicial confession- evidence of death. In a homicide trial, before an extrajudicial confession may

be admitted into evidence, the prosecution must introduce independent evidence tending to establish the death and

the fact that the death was caused by a criminal agency.

8B-5-106. Inference of mental state. In a deliberate homicide, knowledge or purpose may be inferred from the fact

that the accused committed a homicide and no circumstances of mitigation, excuse, or justification appear.

PART 2 ASSAULT AND RELATED OFFENSES

8B-5-201. Assault.

(1) A person commits the offense of assault if he/she:

(a) purposely or knowingly causes bodily injury to another;

(b) negligently causes bodily injury to another with a weapon;

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(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.

(2) Except as provided in subsection (3), assault is a Class C offense for which the offender shall be imprisoned in

the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to

the Crow Tribal Court, or both.

(3) If the victim is less than 14 years old and the offender is 18 or more years old, the offense is a Class B offense

for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined

an amount not to exceed $750.00 payable to the Crow Tribal Court, or both.

8B-5-202. Aggravated assault.

(1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily

injury to another.

(2) A person commits the offense of felony assault if the person purposely or knowingly causes:

(a) bodily injury to another with a weapon; or

(b) reasonable apprehension of serious bodily injury in another by use of a weapon.

(3)(a) Aggravated and felony assault are Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the

Crow Tribal Court, or both.

(b) In addition to any sentence imposed under (3)(a), if the person convicted of felony assault is a partner

or family member of the victim the person shall be required to complete a counseling assessment.

8B-5-203. Intimidation.

(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the

performance of any act, he/she communicates to another, under circumstances which reasonably tend to produce a

fear that it will be carried out, a threat to perform without lawful authority any of the following acts:

(a) inflict physical harm on the person threatened or any other person or on a person’s property;

(b) subject any person to physical confinement or restraint;

(d) accuse any person of an offense;

(e) expose any person to hatred, contempt, or ridicule; or

(f) take action as a public official against anyone or anything, or withhold official action, or cause such

action or withholding.

(2) A person commits the offense of intimidation if he/she knowingly communicates a threat or false report

of a pending fire, explosion, or disaster which would endanger life or property.

(3) A person who has a privilege to ridicule a joking relative, as defined by the customary law of the Crow

Tribe, shall not be subject to prosecution under section (e) regarding being ridiculed.

(4) Intimidation is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term

not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-5-204. Mistreating Prisoners.

(1) A person commits the offense of mistreating prisoners if, being responsible for the care or custody of a prisoner,

he/she purposely or knowingly:

(a) assaults or otherwise injures a prisoner;

(b) intimidates, threatens, endangers, or withholds reasonable necessities from the prisoner with the purpose to

obtain a confession from him/her or for any other purpose; or

(2) Mistreating prisoners is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or

both.

8B-5-205. Negligent vehicular assault --penalty.

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(1) A person who negligently operates a motor vehicle while under the influence of alcohol, a dangerous drug, any

other drug, or any combination of the three, and who causes bodily injury to another commits the offense of

negligent vehicular assault.

(2) Negligent vehicular assault is a Class A offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal

Court, or both.

8B-5-206. Partner or family assault-penalty.

(1) A person commits the offense of partner or family member assault if the person:

(a) purposely or knowingly causes bodily injury to a partner or family member;

(b) negligently causes bodily injury to a partner or family member with a weapon; or

(2) For the purpose of this section, the following definitions apply:

(a) “Family member” means mothers, fathers, children, brothers, sisters, and other past or present family

members of a household. These relationships include relationships created by adoption and remarriage, including

stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the

ages of the parties and whether the parties reside in the same household.

(b) “Partners” means spouses, former spouses, persons who have a child in common, and persons who have

been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.

(3)

(a) Partner or family member assault is a Class C offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the

Crow Tribal Court, or both.

(b) If there is a repeat occurrence, then the offense becomes a Class B offense for which the offender shall

be imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount not to exceed

$750.00 payable to the Crow Tribal Court, or both.

offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be

fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

(d) In addition to the punishment in 3(a), offenders must complete a counseling assessment.

8B-5-207. Criminal Endangerment - penalty.

(1) A person who knowingly engages in conduct that creates a substantial risk of death or serious bodily injury to

another commits the offense of criminal endangerment. This conduct includes but is not limited to knowingly

placing in a tree, log, or any other wood any steel, iron, ceramic, or other substance for the purpose of damaging a

saw or other wood harvesting, processing, or manufacturing equipment.

(2) Criminal Endangerment is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail

for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or

both.

8B-5-208. Negligent endangerment - penalty.

(1) A person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury to

another commits the offense of negligent endangerment.

(2) Negligent endangerment is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail

for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court,

or both.

8B-5-209. Elder Abuse.

(1) A person commits the offense of elder abuse by knowingly or purposely, physically or mentally abusing,

or exploiting an older person.

(2) “Exploiting” means the unjust use of an individual’s money or property for another advantage by means of

duress, menace, fraud, or undue influence.

(3) “Older Person” means a tribal member or other person residing on the Reservation who is:

(a) 60 years of age or older;

(b) determined by the Court to be an elder; or

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unable to protect herself or himself from abuse, neglect, or exploitation because of a mental or physical impairment

or because of frailties or dependencies brought about by age or disease.

(4)

(a) A first offense of Elder Abuse is a Class C offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the

Crow Tribal Court, or both.

(b) A second conviction of Elder Abuse is a Class B offense for which the offender shall be imprisoned in

the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount not to exceed $750.00 payable to the

Crow Tribal Court, or both.

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

(d) In addition to the punishment in (4)(a) the Court may require a counseling assessment be completed by offender.

8B-5-210. Assault on peace officer or judicial officer.

(1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or

knowingly causes:

(a) bodily injury to a peace officer or judicial officer;

(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of a weapon;

(d) serious bodily injury to a peace officer or judicial officer.

(2) As used in this section, the following definitions apply:

(a) “Judicial officer” means all judges vested by law to perform judicial functions;

(b) “Peace officer” has the meaning provided in 8B-2-101 and includes a person, sworn or unsworn, who is

responsible for the care or custody of an adult or youth offender.

(3) Criminal endangerment, negligent endangerment, and assault, are not included as offenses of assault on a peace

officer or judicial officer.

(4) Assault on peace officer or judicial officer is a Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-5-211. Stalking - exemption.

(1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial

emotional distress or reasonable apprehension of bodily injury or death by repeatedly:

(a) following the stalked person; or

(b) harassing, threatening, or intimidating the stalked person, in person or by phone, by mail, or by other action,

device, or method.

(2) This section does not apply to a constitutionally protected activity.

(3) Attempts by the accused person to contact or follow the stalked person after the accused person has been given

actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that

the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.

(a) A first offense of stalking is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail

for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court,

or both.

(b) A second offense of stalking is a Class A offense for which the offender shall be imprisoned in

the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the

Crow Tribal Court, or both.

8B-5-212. Malicious intimidation or harassment relating to civil human rights - penalty.

(1) A person commits the offense of malicious intimidation or harassment when, because of another person’s race ,

creed, religion, color, national origin, or involvement in civil rights or human rights activities, he/she purposely or

knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:

(a) causes bodily injury to another;

(b) causes reasonable apprehension of bodily injury in another; or

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(2) For purposes of this section, “deface” includes but is not limited to cross burning or the placing of any word or

symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another without

his or her permission.

(3) Malicious intimidation or harassment relating to civil human rights is a Class A offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed

$1000.00 payable to the Crow Tribal Court, or both.

8B-5-213. Surreptitious visual observation or recordation - place of residence - public establishment - exceptions.

(1) A person commits the offense of surreptitious visual observation or recordation in a place of residence if a

person purposely or knowingly hides, waits, or otherwise loiters in the vicinity of a private dwelling house,

apartment, or other place of residence for the purpose of:

(a) watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner; or

(b) by means of an electronic or mechanical recording device, surreptitiously recording the visual image of any

occupant in the residence.

(2) An owner, manager, or employee of a business or a landlord who knowingly surreptitiously records a visual

image of a person in a restroom, washroom, shower, bedroom, fitting room, or other room used by a customer, guest,

tenant, or member of the public to, with a reasonable expectation of privacy, change or try on clothes, bathe, perform

intimate bodily functions, or appear nude or partially nude or in underclothes commits the offense of surreptitious

visual recordation in a public establishment.

(3) Subsections (1) and (2) do not apply to a law enforcement officer, an agent or employee of an insurer, or private

licensed investigator or to any person engaged in fraud detection, prevention, or prosecution while the officer, agent,

employee, or private investigator is acting in the course and scope of employment for legitimate investigative

purposes.

(4)

(a) A first offense of surreptitious visual observation or recordation is a Class C offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to

exceed $500.00 payable to the Crow Tribal Court, or both.

(b) A second conviction of this offense is a Class B offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 9 months or be fined an amount not to exceed $750.00 payable to the Crow

Tribal Court, or both..

imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00

payable to the Crow Tribal Court, or both.

PART 3

KIDNAPPING

8B-5-301. Unlawful restraint.

(1) A person commits the offense of unlawful restraint if he/she knowingly or purposely and without lawful

authority restrains another so as to interfere substantially with that person’s liberty.

(2) Unlawful restraint is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any

term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-5-302. Kidnapping .

(1) A person commits the offense of kidnapping if the person knowingly or purposely and without lawful authority

restrains another person by either secreting or holding the other person in a place of isolation or by using or

threatening to use physical force.

(2) Kidnapping is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term

not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

8B-5-303. Aggravated Kidnapping.

(1) A person commits the offense of aggravated kidnapping if the person knowingly or purposely and without lawful

authority restrains another person by either secreting or holding the other person in a place of isolation or by using or

threatening to use physical force, with any of the following purposes:

(a) to hold for ransom or reward or as a shield or hostage;

(b) to facilitate commission of any felony, or flight thereafter;

(d) to interfere with the performance of any governmental or political function; or

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(e) to hold another in a condition of involuntary servitude.

(2) Aggravated kidnapping is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail

for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or

both.

8B-5-304. Custodial interference.

(1) A person commits the offense of custodial interference if, knowing that he/she has no legal right to do so, he/she

takes, entices or withholds from lawful custody any child, incompetent person, or other person entrusted by authority

of law to the custody of another person or institution. A person does not commit an offense under this section if

he/she voluntarily returns such person to lawful custody prior to trial.

(2) Custodial interference is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or

both.

PART 4 ROBBERY

8B-5-401. Robbery.

(1) A person commits the offense of robbery if, in the course of committing theft, the person:

(a) inflicts bodily injury upon another;

(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of

immediate bodily injury; or

(2) “IN THE COURSE OF COMMITTING THEFT” as used in this section includes acts which occur in an

attempt to commit or in the commission of theft or in flight after the attempt or commission.

(3) Robbery is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not

to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

PART 5 SEXUAL CRIMES

8B-5-501. Definitions. As used in 8B-5-503 the term “WITHOUT CONSENT” means:

(1) the victim is compelled to submit by force against himself/herself or by threat of imminent death, bodily injury,

or kidnapping to be inflicted on anyone; or

(2) the victim is incapable of consent because he/she is:

(a) mentally defective or incapacitated;

(b) physically helpless;

(d) incarcerated in an adult or juvenile correctional, detention, or treatment facility and the perpetrator is an

employee, contractor, or volunteer of the facility and has supervisory or disciplinary authority over the

victim, unless the act is part of a lawful search.

8B-5-502. Sexual assault.

(1) A person who knowingly subjects another to any sexual contact without consent commits the offense of sexual

assault.

(2) An act “in the course of committing sexual assault” includes a attempt to commit the offense or flight

after the attempt or commission.

(3) Consent is ineffective under this section if the victim is less than 14 years old and the offender is 3 or

more years older than the victim.

(4)

(a) Except as specified in subsection (5) a first conviction of sexual assault is a Class C offense for

which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months

or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

(b) A second conviction of sexual assault is a Class B offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount not

to exceed $750.00 payable to the Crow Tribal Court, or both..

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an

amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

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(5) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender

inflicts bodily injury upon anyone in the course of committing sexual assault, the offense will be a Class A offense

for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an

amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

(6) Upon the first conviction of sexual assault the court may require the offender to complete a counseling

assessment.

8B-5-503. Sexual intercourse without consent.

(1) A person who knowingly has sexual intercourse without consent with another person commits the offense of

sexual intercourse without consent. A person may not be convicted under this section based on the age of the

person’s spouse, as provided in 8B-5-501 (2)(c).

(2) Sexual intercourse without consent is a Class A offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-5-504. Indecent exposure.

(1) A person who, for the purpose of arousing or gratifying the sexual desire of himself/herself or of any person,

exposes his/her genitals under circumstances in which he/she knows conduct is likely to cause affront or alarm

commits the offense of indecent exposure.

(2)

(a) A first conviction of indecent exposure is a Class C offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to

the Crow Tribal Court, or both.

(b) A second conviction of indecent exposure is a Class B offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount not to exceed $750.00

payable to the Crow Tribal Court, or both..

be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed

$1000.00 payable to the Crow Tribal Court, or both.

(3) In addition to any punishments for indecent exposure, the Crow Tribal Court may require an offender to complete

a counseling assessment.

8B-5-505. Deviate sexual conduct.

(1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual

relations commits the offense of deviate sexual conduct.

(2) Deviate sexual conduct is a Class A offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-5-506. Incest.

(1) A person commits the offense of incest if the person knowingly marries, cohabits with or has sexual intercourse

or sexual contact with an ancestor, a descendant, a brother or sister of the whole or half blood or any stepson or

stepdaughter. “Cohabit” means to live together under the representation of being married. The relationships referred

to herein include blood relationships without regard to legitimacy, and relationships of parent and child by adoption.

(2) Consent is a defense for adoption cases where stepson or stepdaughter is over 18 years of age.

(3) Incest is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to

exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

8B-5-507. Provisions generally applicable to sexual crimes.

(1) When criminality depends on the victim being less than 16 years old, it is a defense for the offender to prove that

he/she reasonably believed the child to be above that age. Such belief shall not be deemed reasonable if the child is

less than 14 years old.

(2) No evidence concerning the sexual conduct of the victim is admissible in prosecutions under this part except

evidence of the victim’s past sexual conduct with the offender or evidence of specific instances of the victim’s sexual

activity to show the origin of semen, pregnancy, or disease which is at issue in the prosecution.

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(3) If the defendant proposes for any purpose to offer evidence described in subsection (2), the trial judge shall order

a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under subsection

(2).

(4) Evidence of failure to make a timely complaint or immediate outcry does not raise any presumption as to the

credibility of the victim.

(5) Resistance by the victim is not required to show lack of consent. Force, fear, or threat is sufficient alone to show

lack of consent.

PART 6

OFFENSES AGAINST THE FAMILY

8B-5-601. Prostitution.

(1) A person commits the offense of prostitution if such person engages in or agrees or offers to engage in sexual

intercourse with another person for compensation, whether such compensation is received or to be received or paid or

to be paid.

(2) Prostitution is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term

not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-5-602. Promoting prostitution.

(1) A person commits the offense of promoting prostitution if he/she purposely or knowingly commits any of the

following acts:

(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others,

a house of prostitution or a prostitution business;

(b) procures an inmate for a house of prostitution or a place in a house of prostitution for one who would be

an inmate;

(d) solicits a person to patronize a prostitute;

(e) procures a prostitute for a patron;

(f) transports a person into or within the exterior boundaries of the reservation with the purpose to promote

the person’s engaging in prostitution or procures or pays for transportation with that purpose.

(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be

regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate such

use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or

(h) lives in whole or in part upon the earnings of a person engaging in prostitution, unless the person is the

prostitute’s minor child or other legal dependent incapable of self-support.

(2) Promoting prostitution is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or

both.

8B-5-603. Aggravated promotion of prostitution.

(1) A person commits the offense of aggravated promotion of prostitution if he/she purposely or knowingly commits

any of the following:

(a) compels another to engage in or promote prostitution;

(b) promotes prostitution of a child under the age of 18 years, whether or not he/she is aware of the child’s age;

he/she is responsible.

(2) Aggravated promotion of prostitution is a Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-5-604. Evidence in cases of promotion.

(1) On the issue of whether a place is a house of prostitution, the following, in addition to all other admissible

evidence, shall be admissible:

(a) its general repute;

(b) the repute of the persons who reside in or frequent the place; or

(2) Testimony of a person against his spouse shall be admissible under this section.

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8B-5-605. Bigamy.

(1) A person commits the offense of bigamy if, while married, he/she knowingly contracts or purports to contract

another marriage, unless at the time of the subsequent marriage:

(a) the offender believes on reasonable grounds that the prior spouse is dead;

(b) the offender and the prior spouse have been living apart for (5) consecutive years throughout which the

prior spouse was not known by the offender to be alive;

the offender does not know that judgment to be invalid; or

(d) the offender reasonably believes that he/she is legally eligible to remarry.

(2) Bigamy is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not

to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-5-606. Marrying a bigamist.

(1) A person commits the offense of marrying a bigamist if he/she contracts or purports to contract a marriage with

another knowing that the other is thereby committing bigamy.

(2) Marrying a bigamist is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or

both.

8B-5-607. Definitions. As used in 8B-5-609 the following definitions apply:

(1) “Sexual conduct” means an actual or simulated:

(a) sexual intercourse, whether between persons of the same or opposite sex;

(b) penetration of the vagina or rectum by any object, except when done as part of a recognized medical

procedure;

(d) masturbation;

(e) sadomasochistic abuse;

(f) lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person; or

(g) defecation or urination for the purpose of the sexual stimulation of the viewer.

(2) “Simulated” means any depicting of the genitals or pubic or rectal area that gives the appearance of sexual

conduct or incipient sexual conduct.

(3) “Visual medium” means:

(a)

any film, photograph, videotape, negative, slide, or photographic reproduction that contains or

incorporates in any manner any film, photograph, videotape, negative, or slide; or

(b) any disk, diskette, or other physical media that allows an image to be displayed on a computer or other

video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite

transmission, or other method.

8B-5-608. Endangering the welfare of children.

(1)

A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the

offense of endangering the welfare of children if he/she knowingly endangers the child’s welfare by violating

a duty of care, protection, or support or if he/she knowingly fails to cause a child less than 18 years old to

regularly attend school without legal justification.

(2) A parent or guardian of any person who is 18 years of age or older, whether or not he/she is supervising the

welfare of the child, commits the offense of endangering the welfare of children if he/she knowingly contributes to

the delinquency of a child less than 18 years old by:

(a) supplying or encouraging the use of intoxicating substances by the child; or

(b) assisting, promoting, or encouraging the child to:

(i) abandon his place of residence without the consent of his parents or guardian;

(ii) enter a place of prostitution; or

(iii) engage in sexual conduct.

(3) On the issue of whether there has been a violation of the duty of care, protection, and support, the following in

addition to all other admissible evidence, is admissible: cruel treatment; abuse, infliction of unnecessary and cruel

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punishment; abandonment; neglect; lack of proper medical care, clothing, shelter, and food; and evidence of past

bodily injury.

(4) Endangering the welfare of children is a Class C offense for which the offender shall be imprisoned in

the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $2500.00

$1000.00 payable to the Crow Tribal Court, or both except that the Court may imprison the offender for

one day or may impose a fine of up to $100 for each day an offender has failed to cause a child less than

18 years old to attend school without legal justification, or both, not to exceed $1000 or 6 months.

(5)

In lieu of a fine or imprisonment, and upon a showing of intention to comply with the law requiring

compulsory school attendance, the Court may order the defendant to perform community service at the

child’s school under the supervision of the school’s Home School Coordinator or other appropriate

official, or may impose other community service. The judge may also impose a requirement for parents

to enroll in Crow traditional counseling or a certified parenting program or the juvenile officer may

enter into an informal adjustment agreement with the parents and juvenile as provided in Title 9.

(6) Any parent, guardian, or other person who is responsible for the care of any child residing on or near the

Crow Reservation who is of kindergarten enrollment age or older prior to the first day of school in any

academic year shall cause the child to attend the school in which he or she is enrolled for the school

term and each day school is open during the term until the child has either reached the age of eighteen

(18) or completed the work of the twelfth (12th) grade. Legal justification for failure to cause the

child’s attendance include (a) illness of the child; (b) death of a family member; (c) the funeral or feast

in remembrance of a family member; (d) legal holidays of the Crow Tribe as defined in Title 5, Rule

28; (e) completion of the GED program; or (f) legal emancipation.

(7) The Juvenile Officer shall develop a Memorandum of Agreement with the Superintendents of schools

located within the boundaries of the Crow Reservation and schools in which a substantial percentage of

students are children of Crow tribal members to provide for enforcement of compulsory school

attendance under the Crow Law and Order Code.

8B-5-609. Sexual abuse of children .

(1) A person commits the offense of sexual abuse of children if the person:

(a) knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual conduct, actual

or simulated;

(b) knowingly photographs, films, videotapes, develops or duplicates photographs, films, or videotapes, or records a

child engaging in sexual conduct, actual or simulated;

use as designated in subsection (1)(a), (1)(b), or (1)(d);

(d) knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or advertises any visual

or print medium in which children are engaged in sexual conduct, actual or simulated;

(e) knowingly possesses any visual or print medium in which children are engaged in sexual conduct, actual or

simulated;

(f) finances any of the activities described in subsections (1)(a) through (1)(d) and (1)(g), knowing that the activity

is of the nature described in those subsections; or

(g) possesses with intent to sell any visual or print medium in which children are engaged in sexual conduct, actual

or simulated.

(2) An offense is not committed under subsections (1)(d) through (1)(g) if the visual or print medium is processed,

developed, printed, published, transported, distributed, sold,

possessed, as part of a sex offender information or treatment course or program conducted or approved by the

department of corrections.

(3) Sexual abuse of children is a Class A offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

(4) In addition to any punishment the Court may require the offender to complete a counseling assessment program.

8B-5-610. Non-support.

(1) A person commits the offense of Non-support if the person fails to provide support that the person he/she can

provide and which he/she knows he/she is legally obligated to provide to a spouse, child, or other dependent.

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(2) Non-support is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term

not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

(3) The Crow Tribal Court may order that any fines paid into the Court be applied to the support of the dependants of

the offender.

8B-5-611. Unlawful transactions with children.

(1) A person commits the offense of unlawful transactions with children if the person knowingly:

(a) sells or gives explosives to a child under the age of majority except as authorized under appropriate tribal

ordinances;

(b) sells or gives intoxicating substances other than alcoholic beverages to a child under the age of majority;

(d) being a junk dealer, pawnbroker or second-hand dealer he/she receives or purchases goods from a child under the

age of majority without authorization of the parent or guardian; or

(e) tattoos a child under the age of majority without the explicit in-person consent of the child’s parent or

guardian.

(2) Unlawful transactions with children is a Class C offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow

Tribal Court, or both.

(3) A second offense or subsequent conviction of unlawful transactions with children is a Class B offense for which

the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount

not to exceed $750.00 payable to the Crow Tribal Court, or both.

8B-5-612. Interference with parent - child contact.

(1) A person who has been granted parent - child contact under a parenting plan or court order commits the offense

of interference with parent-child contact if the person knowingly or purposely prevents, obstructs, or frustrates the

rights of another person entitled to parent-child contact under an existing court order.

(2) Interference with parent-child is a Class C offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the

Crow Tribal Court, or both.

8B-5-613. Aggravated interference with parent - child contact.

(1) A person commits the offense of aggravated interference with parent - child contact by changing the residence of

the minor child from the Crow Reservation to the State of Montana or any other reservation, state, or country without

giving written notice, unless the notice requirement has been precluded or has been given from the person entitled to

parent-child contact pursuant to an existing court order.

(2)

Aggravated interference with parent-child contact is a Class B offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount not to exceed $750.00

payable to the Crow Tribal Court, or both.

8B-5-614. Defenses to interference with parent - child contact and aggravated interference with parent - child

contact.

(1) A person does not commit the offense of interference with parent - child contact or aggravated interference with

parent - child contact if the person acts:

(a) with the consent of the person entitled to parent - child contact;

(b) under an existing court order; or

(2) Return of the child before arrest is a defense only with respect to the first commission of interference with parent

- child contact.

8B-5-615. Parenting interference.

(1) A person commits the offense of parenting interference if, knowing that the person has no legal right to do so,

the person:

(a) before the entry of a court order determining parenting rights, takes, entices, or withholds a child from the other

parent when the action manifests a purpose to substantially deprive that parent of parenting rights; or

(b) is one of two persons who has parenting authority of a child under court order and takes, entices, or withholds a

child from the other when the action manifests a purpose to substantially deprive the other parent of parenting rights.

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(2) With respect to the first alleged commission of the offense only, a person who has not left the reservation does

not commit the offense under this section if the person voluntarily returns the child before arraignment. With respect

to the first alleged commission of the offense only, a person who has left the reservation does not commit an offense

under this section if the person voluntarily returns the child before arrest.

(3) Parenting interference is a Class B offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 9 months or be fined an amount not to exceed $750.00 payable to the Crow Tribal Court, or

both.

8B-5-616. Unlawful possession of intoxicating substances by children.

(1) A person under 21 years of age commits the offense of possession of an intoxicating substance if he/she

knowingly consumes or has in his/her possession an intoxicating substance.

(2) A person commits the offense of unlawful attempt to purchase intoxicating substance if the person

knowingly attempts to purchase alcoholic beverages.

(3) Unlawful possession of intoxicating substances by children is a Class C offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed

$500.00 payable to the Crow Tribal Court, or both.

8B-5-617. Tobacco possession or consumption by persons under 18 years of age prohibited.

(1) A person under 18 years of age who knowingly possesses or consumes a tobacco product, commits the offense of

possession or consumption of a tobacco product.

(2) Tobacco possession or consumption by persons under 18 years of age is a Class C offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed

$500.00 payable to the Crow Tribal Court, or both.

(3) All violations under this section shall be prosecuted in youth court.

CHAPTER 6 OFFENSES AGAINST PROPERTY

PART 1 - CRIMINAL MISCHIEF AND ARSON

8B-6-101. Criminal mischief.

(1) A person commits the offense of criminal mischief if he/she knowingly or purposely:

(a) injures, damages or destroys any property of another or public property without consent;

(b) without consent tampers with property of another or public property so as to endanger or interfere with persons

or property or its use;

(d) fails to close a gate previously unopened which he/she has opened leading in or out of any enclosed

premises. This does not apply to gates located in cities and towns.

(2) Except as specified in (3) a person convicted of criminal mischief has committed a Class C offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to

exceed $500.00 payable to the Crow Tribal Court, or both.

(3) If the offender causes pecuniary loss in excess of $500.00, injures or kills a commonly domesticated hoofed

animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water,

gas, power, or other public services, then the offense is a Class A offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to

the Crow Tribal Court, or both.

8B-6-102. Negligent arson.

(1) A person commits the offense of negligent arson if he/she purposely or knowingly starts a fire or causes an

explosion, whether on his/her own property or the property of another, and thereby negligently:

(a) places another person in danger of death or bodily injury; or

(b) places property of another in danger of damage or destruction.

(2) Except as specified in (3), negligent arson is a Class C offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00

payable to the Crow Tribal Court, or both.

(3) If the offender places another person in danger of death or bodily injury, then the offense is a Class A offense for

which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an

amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

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8B-6-103. Arson.

(1) A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely:

(a) damages or destroys a structure, vehicle, personal property (other than a vehicle) that exceeds $500 in

value, crop, pasture, forest, or other real property that is property of another without consent;

(b) damages or destroys a structure, vehicle, crop, pasture, forest, or other property that the person owns or has a

possessory interest in, with the purpose of obtaining a pecuniary or other gain through fraud or deception; or

a fire or explosion.

(2) Arson is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any

term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

PART 2 CRIMINAL TRESPASS AND BURGLARY

8B-6-201. Definition.

“ENTER OR REMAIN UNLAWFULLY.”

(1) A person enters or remains unlawfully in or upon any vehicle occupied structure, or premises when he/she is not

licensed, invited, or otherwise privileged to do so. A person who enters or remains upon land does so with privilege

unless notice is personally communicated to him/her by any authorized person or unless such notice is given by

posting in a conspicuous manner.

(2) In no event shall civil liability be imposed upon the owner or occupier of premises by reason of any

privilege created by this section.

8B-6-202. Criminal trespass to vehicles.

(1) A person commits the offense of criminal trespass to vehicles when he/she purposely or knowingly and without

authority enters any vehicle or any part thereof.

(2) Criminal trespass to vehicles is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

8B-6-203. Criminal trespass to property.

(1) A person commits the offense of criminal trespass to property if he/she knowingly:

(a) enters or remains unlawfully in an occupied structure; or

(b) enters or remains unlawfully in or upon the premises of another.

(2) Criminal trespass to property is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

8B-6-204. Burglary.

(1) A person commits the offense burglary if he/she knowingly enters or remains unlawfully in an occupied

structure with the purpose to commit an offense therein.

(2) A person commits the offense of aggravated burglary if he/she knowingly enters or remains unlawfully

in an occupied structure with the purpose to commit the offense therein and:

(a) in effecting entry or in the course of committing the offense or in immediate flight thereafter, he/she or another

participant in the offense is armed with explosives or a weapon; or

(b) in effecting entry or in the course of committing the offense or in immediate flight thereafter, he purposely,

knowingly, or negligently inflicts or attempts to inflict bodily injury upon anyone.

(3) Both burglary and aggravated burglary are Class A offenses for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-6-205. Possession of burglary tools.

(1) A person commits the offense of possession of burglary tools when he/she knowingly possesses any key, tool,

instrument, device, or any explosive, suitable for breaking into an occupied structure or vehicle or any depository

designed for the safekeeping of property, or any part thereof with the purpose to commit an offense therewith.

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(2) Possession of burglary tools is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

PART 3 - THEFT AND RELATED OFFENSES

8B-6-301. Theft.

(1) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized

control over the property of the owner and:

(a) has the purpose of depriving the owner of the property;

(b) purposely or knowingly uses, conceals, or abandons the property in such manner as to deprive the owner of the

property; or

(2) A person commits the offense of theft when he/she purposely or knowingly obtains by threat or

deception control over property of the owner and:

(a) has the purpose of depriving the owner of the property;

(b) purposely or knowingly uses, conceals, or abandons the property in such a manner as to deprive the

owner of the property; or

deprive the owner of the property.

(3) A person commits the offense of theft when he/she purposely or knowingly obtains control over stolen property

knowing the property to have been stolen by another and:

(a) has the purpose of depriving the owner of the property;

(b) purposely or knowingly uses, conceals, or abandons the property in such a manner as to deprive the

owner of the property; or

deprive the owner of such property.

(4) A person commits the offense of theft when the person purposely or knowingly obtains or exerts

unauthorized control over any part of the public assistance provided by the Tribe, or any other governmental agency,

regardless of the original source of assistance, by means of:

(a) a knowingly false statement, representation, or impersonation; or

(b) a fraudulent scheme or device.

(5) A person commits the offense of theft when the person purposely or knowingly obtains or exerts or helps another

obtain or exert unauthorized control over any part of any benefits by means of:

(a) a knowingly false statement, representation, or impersonation; or

(b) deception or other fraudulent action.

(6) A person commits the offense of theft when the person purposely or knowingly commits insurance fraud.

(7) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether

from the same person or several persons, may be aggregated in determining the value of the property.

(8) Except as specified in (9) the penalties for theft of property are as follows

(a) A first conviction of theft of property not exceeding $500.00 in value is a Class C offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed

$500.00 payable to the Crow Tribal Court, or both.

(b) A second conviction of theft of property not exceeding $500.00 in value is a Class B offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 9 months or be fined an amount not to

exceed $750.00 payable to the Crow Tribal Court, or both.

the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not

to exceed $1000.00 payable to the Crow Tribal Court, or both.

(9) Theft of property exceeding $500.00 in value or theft of any commonly domesticated

hoofed animal is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term

not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

8B-6-302. Theft of lost or mislaid property.

(1) A person who obtains control over lost or mislaid property commits the offense of theft when he/she:

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(a) knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of

identifying the owner;

(b) fails to take reasonable measures to restore the property to the owner; and

(2) Theft of lost or mislaid property is a Class C offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the

Crow Tribal Court, or both.

8B-6-303. Theft of labor or services or use of property.

(1) A person commits the offense of theft when he/she obtains the temporary use of property, labor or services of

another which are available only for hire, by means of threat or deception or knowing that such use is without the

consent of the person providing the property, labor, or services.

(2) Theft of labor or services or use of property is a Class C offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00

payable to the Crow Tribal Court, or both.

8B-6-304. Obtaining communication services with intent to defraud.

In prosecution for theft of telephone,

telegraph, or cable television services, the element of deception is established by proof that the defendant obtained

such services by any of the following means:

(1) by use of a code, prearranged scheme, or other similar stratagem or device whereby said person, in

effect, sends or receives information;

(2) by installing, rearranging, or tampering with any facilities or equipment, whether physically, inductively,

acoustically, or electronically;

(3) by any other trick, stratagem, impersonation, false pretense, false representation, false statement, contrivance,

device or means; or

(4) by making, assembling, or possessing any instrument, apparatus, equipment, or device or the plans or instructions

for the making or assembling of any instrument, apparatus, equipment, or device which is designed, adapted, or

otherwise intended to be used to avoid the lawful charge, in whole or in part, for any telecommunications services by

concealing the existence, place of origin, or destination of any telecommunications.

8B-6-305. Aiding the avoidance of telecommunications charges.

(1) A person commits the offense of aiding the avoidance of telecommunications charges when he/she:

(a) publishes the number or code of an existing, canceled, revoked, expired, or nonexistent telephone credit

card or the numbering or coding which is employed in the issuance of credit cards with the purpose that it will be

used to avoid the payment of lawful telecommunications charges:

(b) publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or

assembling of any apparatus, instrument, equipment, or device with the purpose that such will be used or with the

knowledge or reason to believe that such will be used to avoid the payment of lawful telecommunications charges; or

device with the purpose that such will be used to avoid the payment of lawful telecommunications charges.

(2) For the purposes of this section, the term “publish” means to communicate information to any one or more

persons, either orally; in person; by telephone, radio, or television; or in a writing of any kind, including but not

limited to a letter, memorandum, circular, handbill, newspaper, or magazine article, or book.

(3) Aiding the avoidance of telecommunications charges is a Class C offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00

payable to the Crow Tribal Court, or both.

8B-6-306. Unauthorized use of motor vehicles.

(1) A person commits the offense of unauthorized use of motor vehicles if he/she knowingly operates the

automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle of another without his/her consent.

(2) Unauthorized use of motor vehicles is a Class C offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow

Tribal Court, or both.

(3) It is an affirmative defense that the offender reasonably believed that the owner would have consented to

the operation had he/she known of it.

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8B-6-307. Offender’s interest in the property.

(1) It is no defense to a charge of theft of property that the offender has an interest therein when the owner also has

an interest to which the offender is not entitled.

(2) It is no defense that theft was from the offender’s spouse, except that misappropriation of household

and personal effects, or other property normally accessible to both spouses is theft only if it occurs after the parties

have ceased living together.

8B-6-308. Failure to return rented or leased personal property.

(1) A person commits the offense of failure to return rented or leased personal property if, without notice to and

permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the

time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time

when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease

agreement.

(2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental

agreement constitutes prima facie evidence of commission of the offense.

(3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return

rented or leased personal property within 72 hours of written demand by the lessor, sent by certified mail to the renter

or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of

commission of the offense.

(4) Failure to return rented or leased personal property not exceeding $500.00 is a Class C offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to

exceed $500.00 payable to the Crow Tribal Court, or both.

(5) Failure to return rented or leased personal property exceeding $500.00 is a Class A offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed

$1000.00 payable to the Crow Tribal Court, or both.

8B-6-309. Definition - computer use. As used in 8B-6-310, the term “obtain use of “ means to instruct, communicate

with, store data in, retrieve data from, cause input to, cause input from, or otherwise make use of any resources of a

computer, computer system, or computer network or to cause another to instruct, communicate with, store data in,

retrieve data from, cause input to, cause input from, or otherwise make use of any resources of a computer, computer

system, or computer network.

8B-6-310. Unlawful use of a computer.

(1) A person commits the offense of unlawful use of a computer if the person knowingly or purposely:

(a) obtains the use of any computer, computer system, or computer network without consent of the owner;

(b) alters or destroys or causes another to alter or destroy a computer program or computer software without consent

of the owner; or

part of a deception for the purpose of obtaining money, property, or computer services from the owner of the

computer, computer system, computer network, or part thereof or from any other person.

(2) Unlawful use of a computer involving property not exceeding $500.00 is a Class C offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed

$500.00 payable to the Crow Tribal Court, or both.

(3) Unlawful use of a computer involving property exceeding $500.00 is a Class A offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed

$1000.00 payable to the Crow Tribal Court, or both.

8B-6-311. Unauthorized acquisition or transfer of food stamps.

(1) A person commits the offense of unauthorized acquisition or transfer of food stamps if the person knowingly:

(a) acquires, purchases, possesses, or uses any food stamp or coupon that the person is not entitled to; or

(b) transfers, sells, trades, gives, or otherwise disposes of any food stamp or coupon to another person not entitled to

receive or use it.

(2) Unauthorized acquisition or transfer of food stamps in value not exceeding $500 is a Class C offense for which

the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount

not to exceed $500.00 payable to the Crow Tribal Court, or both.

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(3) Unauthorized acquisition or transfer of food stamps in value exceeding $500.00 or as part of a common scheme is

a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year

or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

(4) As used in this section, “food stamp or coupon” means any stamp, coupon, or type of certification provided for

the purchase of eligible food pursuant to the Food Stamp Act of 1977, 7 U.S.C. 2011 through 2029, or any similar

public assistance program.

8B-6-312. Medicaid fraud.

(1) A person commits the offense of Medicaid fraud when:

(a) the person obtains a Medicaid payment or benefit for the person or another person by purposely or knowingly:

(i) making, submitting, or authorizing the making or submitting of a false or misleading Medicaid claim,

statement, representation, application, or document to a Medicaid agency for a service or item when the person

knows or has reason to know that the person is not entitled under applicable statutes, regulations, rules, or policies to

Medicaid payment or benefits for the service or item or for the amount of payment requested or claimed ; or

(ii) making, submitting, or authorizing the making or submitting of a Medicaid claim, statement,

representation, application, or document under the Medicaid program for a service or item when the person knows or

has a reason to know that the person is not entitled under applicable statutes, regulations, rules or policies to Medicaid

payment or benefit for the service or item or for the amount of payment requested or claimed;

(b) the person purposely or knowingly:

(i) solicits, accepts, offers, or provides any remuneration, including but

not limited to a kickback, bribe, or

rebate, other than an amount legally payable under the medical assistance program, for furnishing services or items

for which payment may be made under the Medicaid program or in return for purchasing, leasing, or ordering of any

services or items from a provider for which payment may be made under the Medicaid program ; or (ii) makes,

offers, or accepts a remuneration, a rebate of a fee, or a charge for referring a receipt to another provider for the

furnishing of services or items for which payment may be made under the Medicaid program; or

refuses to provide covered medically necessary services to eligible recipients as required by the contract.

(2) Any conduct or activity that does not violate or that is protected under the provisions of, or federal regulations

adopted under, 42 U.S.C. 1395nn or 42 U.S.C. 1320a-7b(b), as may be amended, is not considered an offense under

subsection (1)(b), and the conduct or activity must be accorded the same protections allowed under federal laws and

regulations.

(3) In a prosecution for a violation of this section, it is a defense if the person acted in reliance upon the written

authorization or advice of the department.

(4) The establishment of the criminal offenses specified in this section does not preclude the application of any other

provision of the law.

(5) Except as specified in (6) the penalties for medicaid fraud involving values or benefits less than $500.00 are as

follows:

(a) First conviction of medicaid fraud is a Class C offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow

Tribal Court, or both.

(b) Second conviction of medicaid fraud is a Class B offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 9 months or be fined an amount not to exceed $750.00 payable to the Crow

Tribal Court, or both.

imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00

payable to the Crow Tribal Court, or both.

(6) Medicaid fraud involving values or benefits exceeding $500.00 is a Class A offense for which the offender shall

be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed

$1000.00 payable to the Crow Tribal Court, or both.

8B-6-313. Theft by disposal of stolen property. A pawnbroker or dealer who buys and sells secondhand merchandise

and allows stolen property to be sold, bartered, or otherwise disposed of after a peace officer has requested him to

hold the property for 30 days, commits the offense of theft as defined in 8B-6-301.

8B-6-314. Defrauding creditors.

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(1) A person commits the offense of defrauding secured creditors if he/she destroys, conceals, encumbers, transfers,

removes from the reservation, or otherwise deals with property subject to a security interest with the purpose to

hinder enforcement of that interest.

(2) (a) “Security interest” means an interest in personal property or fixtures that secures payment or performance of

an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the

buyer is limited in effect to a reservation of a "security interest". The term also includes any interest of a buyer of

accounts or chattel paper. Unless a consignment is intended as security, reservation of title thereunder is not a

"security interest", but a consignment in any event is subject to the provisions on consignment sales. Whether a

transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a

security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is

an obligation for the term of the lease not subject to termination by the lessee and:

(i) the original term of the lease is equal to or greater than the remaining economic life of the goods;

(ii) the lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the

owner of the goods;

(iii) the lessee has an option to renew the lease for the remaining economic life of the goods for no additional

consideration or nominal additional consideration upon compliance with the lease agreement; or

(iv) the lessee has an option to become the owner of the goods for no additional consideration or nominal additional

consideration upon compliance with the lease agreement.

(b) A transaction does not create a security interest merely because it provides that:

(i) the present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of

the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered

into;

(ii) the lessee assumes risk of loss of the goods or agrees to pay taxes, insurance, filing, recording, or registration fees

or service or maintenance costs with respect to the goods;

(iii) the lessee has an option to renew the lease or to become the owner of the goods;

(iv) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably

predictable fair market value for the use of the goods for the term of the renewal at the time the option is to be

performed; or

(v) the lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the

reasonably predictable fair market value of the goods at the time the option is to be performed.

(i) additional consideration is not nominal if:

(A) when the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use

of the goods for the term of the renewal determined at the time the option is to be performed; or

(B) when the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market

value of the goods determined at the time the option is to be performed;

(ii) additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under

the lease agreement if the option is not exercised;

(iii) "reasonably predictable" and "remaining economic life of the goods" are to be determined with reference to the

facts and circumstances at the time the transaction is entered into; and

(iv) "present value" means the amount as of a date certain of one or more sums payable in the future, discounted to

the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly

unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially

reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered

into.

(3) A person who destroys, conceals, encumbers, transfers, removes from the reservation, or otherwise deals with

property subject to a security interest with the purpose of depriving the owner of the property or of the proceeds and

value therefrom may be prosecuted under 8B-6-301.

(4) Defrauding creditors is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or

both.

8B-6-315. Issuing a bad check.

(1) A person commits the offense of issuing a bad check when, with the purpose of obtaining control over property

or to secure property, labor or services of another, he/she issues or delivers a check or other order upon a real or

fictitious depository for the payment of money, knowing that it will not be paid by the depository.

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(2) If the offender has an account with the depository, failure to make good the check or other order within

five (5) days after written notice of nonpayment has been received by the issuer is prima facie evidence that he/she

knew that it would not be paid by the depository.

(3) Issuing bad checks for the value of any property, labor, or services obtained or attempted to be obtained, not

exceeding $500.00 is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any

term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

(4) Issuing bad checks that are part of a common scheme or if the value of any property, labor, or services obtained

or attempted to be obtained exceeds $500.00, the offense is a Class A offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00

payable to the Crow Tribal Court, or both.

8B-6-316. Deceptive practices.

(1) A person commits the offense of deceptive practices when the person purposely or knowingly:

(a) causes another, by deception or threat, to execute a document disposing of property or a document by

which a pecuniary obligation is incurred;

(b) makes or directs another to make a false or deceptive statement addressed to the public or any person for the

purpose of promoting or procuring the sale of property or services;

of the person making or directing another to make the statement for the purpose of procuring a loan or credit or

accepts a false or deceptive statement from any person who is attempting to procure a loan or credit regarding that

person’s financial condition ; or

(d) obtains or attempts to obtain property, labor, or services by any of the following means:

(i) using a telephone card or a credit card which was issued to another without the other’s consent;

(ii) using a telephone or a credit card that has been revoked or canceled;

(iii) using a telephone or a credit card that has been falsely made, counterfeited, or altered in any material respect;

(iv) using the pretended number or description of a fictitious telephone or credit card;

(v) using a telephone or credit card that has been expired when the cards clearly indicate the expiration date.

(2) Deceptive practices for the value of any property, labor, or services obtained or attempted to be

obtained, not exceeding $500.00, is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

(3) Deceptive practices that are part of a common scheme or if the value of any property, labor, or services obtained

or attempted to be obtained exceeds $500.00, the offense is a Class A offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00

payable to the Crow Tribal Court, or both.

8B-6-317. Deceptive Business Practices.

(1) A person commits the offense of deceptive business practices if in the course of engaging in a business,

occupation, or profession he/she purposely or knowingly:

(a) uses or possesses for use a false weight or measure or any other device for falsely determining or

recording any quality or quantity;

(b) sells, offers, exposes for sale, or delivers less than the represented quantity of

any commodity or service;

he/she furnished the weight or measure;

(d) sells, offers, or exposes for sale adulterated commodities;

(e) sells, offers, or exposes for sale mislabeled commodities; or

(f) makes a deceptive statement regarding the quantity or price of goods in any advertisement addressed to

the public.

(2) “ADULTERATED” means varying from the standard of composition or quality prescribed by statute or lawfully

promulgated administrative regulation or, if none, as set by established commercial usage.

(3) “ MISLABELED” means:

(a) varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated

administrative regulation or, if none, as set by established commercial usage; or

(b) represented as being another person’s produce though otherwise labeled accurately as to quality and

quantity .

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(4) Deceptive business practices is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

8B-6-318. Chain distributor schemes.

(1) As used in this section, the following definitions apply:

(a) “Chain distributor scheme” means a sales device whereby a person, under a condition that he/she make

an investment, is granted a license or right to recruit for consideration one or more additional persons who are also

granted such license or right upon condition of making an investment and may further perpetuate the chain of persons

who are granted such license or right upon such condition.

(b) “Person” means a natural person, corporation, partnership, trust, or other entity; and in the case of an

entity it shall include any other entity which has a majority interest in such entity or effectively controls such other

entity as well as the individual offices, directors, and other person in act of control of the activities of each entity.

(2) It is unlawful for any person to promote, sell, or encourage participation in any chain distributor scheme.

(3) The first conviction of a chain distributor scheme is a Class C offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to

the Crow Tribal Court, or both.

(4) The second or subsequent conviction of a chain distributor scheme is a Class A offense for which the offender

shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed

$1000.00 payable to the Crow Tribal Court, or both.

8B-6-319. Forgery.

(1) A person commits the offense of forgery when, with purpose to defraud, he/she knowingly:

(a) without authority makes or alters any document or other object apparently capable of being used to

defraud another or at another time, or with different provisions, or of different composition;

(b) issues or delivers such document or other object knowing it to have been thus made or altered;

have been thus made or altered; or

(d) possesses with the knowledge of its character any plate, die, or other device, apparatus, equipment or

article specifically designed for use in counterfeiting or otherwise forging written instruments.

(2) A purpose to defraud means the purpose of causing another to assume, create, transfer, alter or terminate any

right , obligation or power with reference to any person or property.

(3) A document or other object capable of being used to defraud another includes, but is not limited to, one by which

any right, obligation, or power with reference to any person or property may be created, transferred, altered or

terminated.

(4) If the value of the property, labor, or services obtained or attempted to be obtained does not exceed $500.00 then

the forgery is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to

exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

(5) If the value of the property, labor, or services obtained or attempted to be obtained exceeds $500.00, then the

forgery is a Class A offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00

payable to the Crow Tribal Court, or both.

8B-6-320. Obscuring the identity of a machine.

(1) A person commits the offense of obscuring the identity of a machine if he/she:

(a) removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer’s serial number or any

other distinguishing identification number or mark upon any machine, vehicle, electrical device, or firearm with the

purpose to conceal, misrepresent, or transfer any such machine, vehicle, electrical device, or firearm; or

(b) possesses with the purpose to conceal, misrepresent, or transfer any machine, vehicle, device, or firearm

knowing that the serial number or other identification number or mark has been removed or otherwise obscured.

(2) The fact of possession or transfer of any such machine, vehicle, electrical device, or firearm creates a

presumption that the person knew the serial number or other identification number or mark had been removed or

otherwise obscured.

(3) Obscuring the identity of a machine is a Class C offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow

Tribal Court, or both.

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8B-6-321. Illegal branding or altering or obscuring a brand.

(1) A person commits the offense of illegal branding or altering or obscuring a brand if he/she marks or brands any

commonly domesticated hoofed animal or removes, covers, alters, or defaces any existing mark or brand on any

commonly domesticated hoofed animal with the purpose to obtain or exert unauthorized control over said animal or

with the purpose to conceal, misrepresent, transfer or prevent identification of said animal.

(2) Illegal branding or altering or observing a brand is a Class A offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to

the Crow Tribal Court, or both.

8B-6-322. Effect of criminal possession of stolen property. Possession of stolen property shall not constitute proof of

the commission of the offense of theft; such fact shall place a burden on the possessor to remove the effect of such

fact as a circumstance to be considered with all other evidence pointing to his/her guilt.

CHAPTER 7 OFFENSES AGAINST THE TRIBAL ADMINISTRATION

PART 1 BRIBERY AND CORRUPT INFLUENCE

8B-7-101. Bribery in official and political matters.

(1) A person commits the offense of bribery if he/she purposely or knowingly offers, confers, or agrees to confer

upon another, or solicits, accepts or agrees to accept from another:

(a) any pecuniary benefit as a consideration for the recipient’s decision, opinion, recommendation, vote or

other exercise of discretion as a public servant, party official, or voter;

(b) any benefit as consideration for the recipient’s decision, vote, recommendation or other exercise of

official discretion in a judicial or administrative proceeding; or

(2) It is no defense to prosecution under this section that a person whom the offender sought to influence was not

qualified to act in the desired way whether because he/she had not yet assumed the office, or lacked jurisdiction, or

for any other reason.

(3) Bribery in official and political matters is a Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-7-102. Compensation for past official behavior. A person commits an offense under this section if he/she

knowingly solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having, as a public servant,

given a decision, opinion, recommendation, or vote favorable to another, for having otherwise exercised a discretion

in another’s favor, or for having violated his/her duty. A person commits an offense under this section if he/she

knowingly offers, confers, or agrees to confer compensation which is prohibited by this section.

8B-7-103. Threats and other improper influence in official and political matters.

(1) A person commits the offense under this section if he/she purposely or knowingly:

(a)

(i) threatens unlawful harm to any person with the purpose to influence his/her decision,

or opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;

(ii) threatens harm to any public servant with the purpose to influence his/her decision, opinion,

recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;

(iii) threatens harm to any public servant or party official with the purpose to influence him/her to

violate his/her duties;

(iv) privately addresses to any public servant who has or will have official discretion in a judicial

or administrative proceeding, any representation, entreaty, argument, or other communication designed to influence

the outcome on the bases of considerations other than those authorized by law;

(v) as a juror or officer in charge of a jury receives or permits to be received any communication

relating to any matter pending before such jury, except according to the regular course of proceedings; or

(b) Injures the person or property of a public servant or injures the servant’s spouse, child, parent, or sibling

because of the public servant’s lawful discharge of the duties of the office or to prevent the public servant’s lawful

discharge of the duties of the office or to prevent the public servant from discharging the public servant’s official

duties.

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(2) It is no defense to prosecution under subsections (1)(a)(i) through (1)(a)(iv) that a person whom the

offender sought to influence was not qualified to act in the desired way, whether because he/she had not yet assumed

office or lacked jurisdiction or for any other reason.

(3) Threats and other improper influence in official and political matters is a Class A offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to

exceed $1000.00 payable to the Crow Tribal Court, or both.

8B-7-104. Gifts to public servants by person subject to their jurisdiction.

(1) No public servant in any department or agency exercising regulatory function, conducting inspections or

investigations, or carrying on a civil or criminal litigation on behalf of the Crow Tribal government, or having

custody of prisoners, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be subject

to such regulation, inspection, investigation, or custody, or against whom such litigation is known to be pending or

contemplated.

(2) No public servant having any discretionary function to perform in connection with

contracts, purchases, payments, claims or other pecuniary transactions of the Crow Tribal government shall

solicit, accept, or agree to accept any pecuniary benefit from any person known to be interested in or likely to become

interested in any such contract, purchase, payment, claim, or transaction.

(3) No public servant having judicial or administrative authority and no public servant employed by or in a

court or other tribunal having such authority or participating in the enforcement of its decision, shall solicit, accept, or

agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any

matter before such public servant or tribunal with which he/she is associated.

(4) No council person or public servant employed by the council or by the committee or agency thereof

shall solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to

become interested in any matter before the council or any committee or agency thereof.

(5) Exceptions. This section shall not apply to:

(a) fees prescribed by law to be received by a public servant, or any other benefit for which he/she is

otherwise entitled; or

(b) trivial benefits incidental to personal, professional, or business contacts and involving no substantial risk of

undermining official impartiality.

(6) No person shall knowingly confer, or offer, or agree to offer, or agree to confer, to any benefit

prohibited by the foregoing subsections.

(7) Gifts to public servants by persons subject to their jurisdiction is a Class C offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00

payable to the Crow Tribal Court, or both.

PART 2 - PERJURY AND OTHER FALSIFICATION IN OFFICIAL MATTERS

8B-7-201. Perjury.

(1) A person commits the offense of perjury if in any official proceeding he/she knowingly makes false statement

under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the

statement is material.

(2) Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it

could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed

the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.

(3) It is not a defense to prosecution under the section that the oath or affirmation was administered or taken

in an irregular manner or that the declarant is not competent to make the statement. A document purporting to be

made under oath or affirmation at any time when the offender presents it as being so verified shall be deemed to have

been duly sworn or affirmed.

(4) No person shall be guilty of an offense under this section if he/she retracted the falsification in the course of the

proceeding in which it was made before it became manifest that the falsification was or would be exposed and before

the falsification substantially affected the proceeding.

(5) Where the defendant made inconsistent statements under oath or equivalent affirmation, both having

been made within the period of the statute of limitations, the prosecution may proceed by setting forth the

inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by

the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false, but only

that one or the other was false and not believed by the defendant to be true.

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(6) No person shall be convicted of an offense under this section where proof of falsity rests solely upon the

testimony of a single person other than the defendant.

(7) Perjury is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to

exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

8B-7-202. False swearing.

(1) A person commits the offense of false swearing if he/she knowingly makes a false statement under oath or

equivalent affirmation, or swears or affirms the truth of such a statement previously made when he/she does not

believe the statement to be true, and:

(a) the falsification occurs in an official proceeding;

(b) the falsification is purposely made to mislead a public servant in performing his/her official function; or

to administer oaths.

(2) Subsections (3) to (6) of section 8B-7-201 apply to this section.

(3) False swearing is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any

term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-7-203. Unsworn falsification to authorities.

(1) A person commits an offense under this section if, with a purpose to mislead a public servant in performing

his/her official function the person:

(a) makes any written false statement which he/she does not believe to be true;

(b) purposely creates a false impression in a written application for any pecuniary or other benefit by omitting

information necessary to prevent statements therein from being misleading;

authenticity; or

(d) submits or invites reliance on any sample, specimen, map, boundary mark or other object which he/she

knows to be false.

(2) Unsworn falsification to authorities is a Class C offense for which the offender shall be imprisoned in the Crow

Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow

Tribal Court, or both.

8B-7-204. False alarms to agencies of public safety.

(1) A person commits an offense under this section if he/she knowingly causes a false alarm of fire or other

emergency to be transmitted to or within any organization, official or volunteer, which deals with emergencies

involving danger to life or property.

(2) False alarms to agencies of public safety is a Class C offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the

Crow Tribal Court, or both.

8B-7-205. False reports to law enforcement authorities.

(1) A person commits an offense under this section if he/she knowingly:

(a) gives false information to any law enforcement officer with the purpose to implicate another;

(b) reports to law enforcement authorities an offense or other incident within their concern knowing that it did not

occur; or

knows he/she has no information relating to such offense or incident.

(2) False reports to law enforcement authorities is a Class C offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the

Crow Tribal Court, or both.

8B-7-206. Tampering with witnesses and informants.

(1) A person commits the offense of tampering with witnesses and informants if, believing that an official

proceeding or investigation is pending or about to be instituted, he/she purposely or knowingly attempts to induce or

otherwise cause a witness or informant to:

(a) testify or inform falsely;

(b) withhold any testimony, information, document or thing;

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(d) absent himself/herself from any proceeding or investigation to which he/she has been summoned.

(2) Tampering with witnesses and informants is a Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-7-207. Tampering with or fabricating physical evidence.

(1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official

proceeding or investigation is pending or about to be instituted, he/she:

(a) alters, destroys, conceals, or removes any record, document, or thing with purpose to impair its verity or

availability in such proceeding or investigations; or

(b) makes, presents, or uses any record, document, or thing knowing it to be false, and with purpose to

mislead any person who is or may be engaged in such proceeding or investigation.

(2) Tampering with or fabricating, physical evidence is a Class A offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to

the Crow Tribal Court, or both.

8B-7-208. Tampering with public records or information.

(1) A person commits the offense of tampering with public records or information if he/she:

(a) knowingly makes a false entry in, or false alteration of, any record, document, legislative bill or enactment, or

thing belonging to, or received or issued, or kept by the government for information or record, or required by law to

be kept by others for information of the government;

(b) makes, presents, or uses any record, document or thing knowing it to be false and with purpose that it be

taken as a genuine part of information or records referred to in subsection (a) ; or

document or thing.

(2) Tampering with public records or information is a Class A offense for which the offender shall be imprisoned in

the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the

Crow Tribal Court, or both.

8B-7-209. Impersonating a public servant.

(1) A person commits the offense of impersonating a public servant if the person falsely pretends to hold a position

in the public service with the purpose to induce another to submit to such pretended official authority or otherwise to

act in reliance upon that pretense to his prejudice.

(2) Impersonating a public servant is a Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-7-210. False claims to public agencies.

(1) A person commits an offense under this section if the person purposely and knowingly presents for allowance or

for payment any false or fraudulent claim, bill, account, voucher, or writing to any public agency, public servant, or

contractor authorized to allow or pay claims presented to public agencies if genuine.

(2) If the value of a false claim to a public agency does not exceed $500.00 payable to the Crow Tribal Court, then

the offense is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to

exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

(3) If false or fraudulent claims are submitted purposely and knowingly as part of a common scheme or if the value

of the claim or the aggravated value of all claims exceeds $500.00, then the offense is a Class A offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to

exceed $1000.00 payable to the Crow Tribal Court, or both.

PART 3 - OBSTRUCTING TRIBAL GOVERNMENT OPERATIONS

8B-7-301. Resisting Arrest.

(1) A person commits the offense of resisting arrest if he/she knowingly prevents or attempts to prevent a peace

officer from effectuating an arrest by:

(a) using or threatening to use physical force or violence against the peace officer or another; or

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(b) using any other means which creates a risk of causing physical injury to the peace officer or another.

(2) It is no defense to a prosecution under this section that the arrest was unlawful,

provided the peace officer was acting under color of his/her official authority.

(3) Resisting arrest is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any

term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-7-302. Obstructing a peace officer or other public servant.

(1) A person commits the offense of obstructing a peace officer or other public servant if the person knowingly

obstructs, impairs or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of

governmental function.

(2) It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner,

provided that the peace officer was acting under the color of his/her official authority.

(3) Obstructing a peace officer or other public servant is a Class C offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to

the Crow Tribal Court, or both.

8B-7-303. Obstructing justice.

(1) For the purpose of this section “AN OFFENDER” means a person who has been or is liable to be arrested,

charged, convicted or punished for a public offense.

(2) A person commits the offense of obstructing justice if, knowing a person is an offender, he/she

purposely:

(a) harbors or conceals an offender; or

(b) warns an offender of impending discovery or apprehension, except this does not apply to warning given

in connection with an effort to bring an offender into compliance with the law;

or apprehension;

(d) prevents or obstructs, by means of force, deception or intimidation anyone from performing an act that

might aid in the discovery or apprehension of an offender;

(e) suppresses by act of concealment, alteration or destruction any physical evidence that might aid in the discovery

or apprehension of an offender; or

(f) aids an offender who is subject to official detention to escape from such official detention.

(3) If the offender has been or is liable to be charged with a felony in connection with obstructing justice, then the

offense is a Class A offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to

exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

(4) If the offender has been or is liable to be charged with a misdemeanor in connection with obstructing justice, then

the offense is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to

exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-7-304. Failure to aid a peace officer.

(1) Where it is reasonable for a peace officer to enlist the cooperation of a person in:

(a) effectuating or securing an arrest of another; or

(b) preventing the commission by another of an offense, a peace officer may order such person to

cooperate.

(2) A person commits the offense of failure to aid a peace officer if he/she knowingly refuses to obey such

an order.

(3) Failure to aid a peace officer is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

8B-7-305. Compounding a misdemeanor or felony.

(1) A person commits the offense of compounding a misdemeanor or felony if he/she knowingly accepts or agrees to

accept any pecuniary benefit in consideration for:

(a) refraining from seeking prosecution of a misdemeanor or a felony; or

(b) refraining from reporting to law enforcement authorities the commission or suspected commission of

any misdemeanor or a felony or information relating to a misdemeanor or a felony.

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(2) Compounding a felony is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail

for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court,

or both.

8B-7-306. Escape.

(1) “OFFICIAL DETENTION” means imprisonment which resulted from a conviction for an offense, confinement

for an offense, or confinement of a person charged with an offense, detention by a peace officer pursuant to an arrest,

detention for extradition or deportation, or any lawful detention for the purpose of the protection of the welfare of the

person detained or for the protection of society;

(2) “OFFICIAL DETENTION” does not include supervision of probation or parole, constraint incidental to

release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or

a weapon to escape.

(3) A person subject to official detention commits the offense of escape if he/she knowingly or purposely

removes himself/herself from official detention or fails to return to official detention following temporary leave

granted for a specific purpose or limited time.

(4) If the offender escapes by the use or threat of force, physical violence, a weapon, or a simulated weapon, or if the

offender has been charged with a felony, then the offense is a Class A offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00

payable to the Crow Tribal Court, or both.

(5) If the person escapes under circumstances other than those described in (4), then the offense of escape is a Class

C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or

be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-7-307. Transferring illegal articles or unauthorized communication.

(1) A person commits the offense of transferring illegal articles if he/she knowingly or purposely transfers any illegal

article or thing to a person subject to official detention or is transferred any illegal article or thing by a person subject

to official detention.

(2) A person commits the offense of unauthorized communication if he/she knowingly or purposely communicates

with a person subject to official detention without the consent of the person in charge of such official detention.

(3) If the offender conveys a weapon or dangerous drug to a person subject to official detention, then the offense is a

Class A offense for which the offender shall be imprisoned

in the Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to

the Crow Tribal Court, or both.

(4) If the offender conveys any other illegal article or thing to a person subject to official detention or if the offender

is convicted of unauthorized communication then the offense is a Class C offense for which the offender shall be

imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00

payable to the Crow Tribal Court, or both.

8B-7-308. Bail-jumping.

(1) A person commits the offense of bail-jumping if, having been set at liberty by court order, with or without

security, upon condition that he/she will subsequently appear at a specified time and place, he/she purposely fails

without lawful excuse to appear at that time and place.

(2) This section shall not interfere with the exercise by any court of its power to punish for contempt.

(3) This section shall not apply to a person set at liberty by court order upon condition that he/she will

appear in connection with a charge of having committed a misdemeanor, except it shall apply where the judge has

released the defendant on his/her own recognizance.

(4) If the offender is convicted of bail jumping in connection with a felony, then the offense is a Class A offense for

which the offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 1 year or be fined an

amount not to exceed $1000.00 payable to the Crow Tribal Court, or both.

(5) In all other cases bail jumping is a Class C offense for which the offender shall be imprisoned in the Crow Tribal

Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal

Court, or both.

8B-7-309. Criminal contempt.

(1) A person commits the offense of criminal contempt when he/she knowingly engages in any of the following

conduct:

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(a) disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate

view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority;

(b) breach of the peace, noise, or other disturbance, directly tending to interrupt a court’s proceedings;

(d) unlawfully refusing to be sworn as a witness in any court proceeding or, after being sworn, refusing to

answer any legal and proper interrogatory;

(e) purposely publishing a false or grossly inaccurate report of a court’s proceeding; or

(f) purposely failing to obey any mandate, process or any notice relative to juries.

(2) Criminal contempt is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for any

term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or both.

8B-7-310. Official misconduct.

(1) A public servant commits the offense of official misconduct when, in official capacity, he/she commits any of the

following acts:

(a) purposely or negligently fails to perform any mandatory duty as required by law or by a court of

competent jurisdiction;

(b) knowingly performs an act in official capacity which he/she knows is forbidden by law;

his/her lawful authority; or

(d) solicits or knowingly accepts for the performance of any act a fee or reward which he/she knows is not

authorized by law.

(2) A public servant who has been charged may be suspended from his/her office without pay pending final

judgment. Upon final judgment of conviction, he/she shall be reinstated in his/her office and receive all back pay if

not impeached or removed under the Crow Tribal Constitution and By-Laws or other applicable Tribal Law.

(3) Final judgment occurs only after an individual has exhausted all avenues of appeal.

(4) This section does not affect any power conferred by law to impeach or remove any

public servant or any proceeding authorized by law to carry into effect impeachment or removal.

(5) Official misconduct is a Class C offense for which the offender shall be imprisoned in the Crow Tribal Jail for

any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow Tribal Court, or

both.

CHAPTER 8 OFFENSES AGAINST PUBLIC ORDER

PART 1 - CONDUCT DISRUPTIVE OF PUBLIC ORDER

8B-8-101. Disorderly conduct.

(1) A person commits the offense of disorderly conduct if he/she knowingly disturbs the peace by:

(a) quarreling, challenging to fight or fighting;

(b) making loud or unusual noises;

(d) discharging firearms, except at a shooting range during established hours of operation;

(e) rendering vehicular or pedestrian traffic impassable;

(f) rendering the free ingress or egress to public or private places impassable;

(g) disturbing or disrupting any lawful assembly or public meeting;

(h) transmitting a false report or warning of fire, impending explosion or other catastrophe in such a place

that its occurrence would endanger human life; or

(i) creating a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(2) In all cases of disorderly conduct, except as explained in (1)(h), the offense is a Class C offense for which the

offender shall be imprisoned in the Crow Tribal Jail for any term not to exceed 6 months or be fined an amount not to

exceed $500.00 payable to the Crow Tribal Court, or both.

(3) Disorderly conduct as defined in (1)(h) is a Class A offense for which the offender shall be imprisoned in the

Crow Tribal Jail for any term not to exceed 1 year or be fined an amount not to exceed $1000.00 payable to the Crow

Tribal Court, or both.

8B-8-102. Failure of disorderly persons to disperse.

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(1) Where two (2) or more persons are engaged in disorderly conduct, a peace officer, judge, or chairman may order

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