# Band of Pomo Indians

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Adry_creek%3A13b8154c6199308e

## Record

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

## Text

Dry Creek Rancheria
Band of Pomo Indians
Judicial Code
TITLE 4. CRIMINAL OFFENSES, CRIMINAL PROCEDURE,
AND DOMESTIC RELATIONS
Effective January 10, 2009
Recodified June 21, 2013

TABLE OF CONTENTS
CHAPTER 1. CRIMINAL OFFENSES
SECTION 1. General Definitions
SECTION 2. Justification
SECTION 3. Inchoate Crimes
SECTION 4. Offenses Against the Tribe, State, and
Public Justice
SECTION 5. Prohibited Acts Generally
SECTION 6. Escape From a Jail or Prison
SECTION 7. Offenses Against Persons
SECTION 8. Offenses Against Property
SECTION 9. Offenses Against Animals
CHAPTER 2. CRIMINAL PROCEDURE
SECTION 1. Scope of the Rules
SECTION 2. Authority and Basis of Decisions
SECTION 3. Preliminary Provisions
SECTION 4. Trial
SECTION 5. Judgment
SECTION 6. Appeal
SECTION 7. Stalking Protective Order
SECTION 8. Civil Orders for Protection
SECTION 9. Filing a Criminal Complaint
SECTION 10. Conditions of Release
SECTION 11. Mandatory Arrest for Violations of
Protective Orders or Violations of Conditions of
Release
SECTION 12. Authority of Law Enforcement Officer
to Seize Weapons
SECTION 13. Victim's Rights
SECTION 14. Duty of Prosecutor to Notify Victim
SECTION 15. Notice of Dismissal
SECTION 16. Conditions of Probation or Parole for
Perpetrator
SECTION 17. Required Hearings; Duty of Court
when Order for Protection Denied
SECTION 18. Registration and Enforcement of
Foreign Orders for Protection; Duties of Court Clerk
CHAPTER 3. DOMESTIC RELATIONS
SECTION 1. Purpose
SECTION 2. Construction
SECTION 3. Definitions
SECTION 4. “Crime Involving Domestic or Family
Violence" Defined
SECTION 5. Jurisdiction and Civil Nature of this
Code
SECTION 6. Civil Orders for Protection
SECTION 7. Mandatory Arrest for Offense Involving
Domestic or Family Violence; Determination of
Primary Aggressor; Required Report

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SECTION 8. Duties of Law Enforcement Officer of
Domestic or Family Violence; Required to Notice
Victim
SECTION 9. Mandatory Arrest for Violations of
Orders for Protection or Violations of Conditions of
Release
SECTION 10. Authority of Law Enforcement Officer
to Seize Weapons
SECTION 11. Filing of Criminal Complaint for
Domestic or Family Violence
SECTION 12. Conditions of Release
SECTION 13. Mandatory Arrest for Violation of
Conditions of Release
SECTION 14. Prosecutor’s Duty to Notify Victim
SECTION 15. Record of Dismissal Required in Court
File
SECTION 16. Criminal Case May Not Be Dismissed
Because Civil Compromise is Reached
SECTION 17. Rights of Victims of Domestic or
Family Violence; Duty of Prosecutor to Inform Victim
of Rights
SECTION 18. Spousal Privileges Inapplicable to
Protect the Defendant in Criminal Proceedings
Involving Domestic or Family
SECTION 19. Advocate-Victim Privilege Applicable
in Cases Involving Domestic or Family Violence
SECTION 20. Residential Confinement in Home of
Victim Prohibited
SECTION 21. Court Discretion in Sentencing
Perpetrators of Domestic or Family Violence
SECTION 22. Conditions of Probation or Parole for
Perpetrator Convicted of Crime Involving Domestic or
Family Violence; Required Reports by Police
Department
SECTION 23. Penalties for Crime of Domestic or
Family Violence
SECTION 24. Court-Ordered and Court-Referred
Mediation, Marriage Counseling, or Reconciliation of
Cases Involving Domestic of Family Violence
Prohibited
SECTION 25. Registration and Enforcement of
Foreign Orders for Protection; Duties of Court Clerk
SECTION 26. Intervention and Referrals
SECTION 27. Prevention, Treatment, and Education
Services
SECTION 28. Sovereign Immunity Preserved.
SECTION 29. Inconsistent Provisions of Other Law
SECTION 30. Severability

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CHAPTER 1. CRIMINAL OFFENSES
SECTION 1. General Definitions
Unless a different meaning is clearly apparent from the context, the term:
(A) "Advisory Jury" means three or four of the oldest members of the Dry Creek Rancheria
organized by the court on a case by case basis to give information and assistance to the court.
(B) "Alarm" means to cause apprehension or fear resulting from the perception of danger.
(C) "Animal" means any bird, reptile, amphibian, fish, or nonhuman mammal.
(D) "Any Person" shall be construed so that Dry Creek Rancheria shall exercise jurisdiction only
in a manner consistent with federal law, including U.S. Supreme Court holdings limiting the
jurisdiction of Tribal Courts.
(E) "Coerce" means to restrain, compel, or dominate by force or threat.
(F) "Contact" includes but is not limited to:
(1) Coming into the visual or physical presence of the other person;
(2) Following the other person;
(3) Waiting outside the home, property, place of work or school of the other person or of
a member of that person’s family or household;
(4) Sending or making written communications in any form to the other person;
(5) Speaking with the other person by any means;
(6) Communicating with the other person through a third person;
(7) Committing a crime against the other person;
(8) Communicating with a third person who has some relationship to the other person
with the intent of affecting the third person's relationship with the other person;
(9) Communicating with business entities with the intent of affecting some right or
interest of the other person;
(10) Damaging the other person’s home, property, place of work, or school; or
(11) Delivering directly or through a third person any object to the home, property, place
of work, or school of the other person.
(G) "Deadly Weapon" means any instrument, article, or substance specifically designed for and
presently capable of causing death or serious physical injury. A firearm must be loaded (i.e.,
shell in the firing position or chamber, or in magazine while inside firearm) and be operable to be
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a deadly weapon.
(H) "Deadly physical force" means physical force that under the circumstances in which it is used
is readily capable of causing death or serious injury.
(I) "Dangerous Weapon" means any instrument, article, or substance which under the
circumstances in which it is used, attempted to be used or threatened to be used, is readily capable
of causing death or serious injury.
(J) "Dependent Person" means a person who, because of either age or physical or mental
disability is dependent upon another to provide for the persons physical needs.
(K) "Exhibition of Fighting" means a public or private display of combat between two or more
animals in which the fighting, killing, maiming, or injuring of animals is a significant feature.
"Exhibition of Fighting" does not include demonstrations of the hunting or tracking skills of an
animal or the lawful use of animals for hunting, tracking, or self protection.
(L) "Firearm" means a weapon by whatever name known, which is designed to expel a projectile
by the action of black powder, or smokeless powder, and which is readily capable of use as a
weapon.
(M) "Frequents" means repeatedly or habitually visits, goes to, or resorts to.
(N) "Family or Household Member" has the same meaning as in Chapter 3, Section 4(I) of this
Ordinance.
(O) "Indian" means any Indian whether or not a member of the Dry Creek Rancheria.
(P) "Law Enforcement Officer" means any person employed by the Tribe, the State of California,
or any agency of the federal government as a law enforcement officer.
(Q) "Machine Gun" means a weapon of any description by whatever name known, loaded, or
unloaded, from which two or more shots may be fired by a single pressure on the trigger device.
(R) "Official Body" means either the Tribal Council, Board of Directors, or any other Tribal
Department or authority of the Dry Creek Rancheria.
(S) "Peace Officer" means a tribal policeman, sheriff, constable, marshal, municipal policeman,
and other persons as may be designated by law.
(T) "Permitting" requires that the suspect must have authority to forbid the illegal drug activity
involved.
(U) "Person" means a human being, and where appropriate, a Tribe, a public or private
corporation, an unincorporated association, a partnership, a government, or a government
instrumentality.
(V) "Pistol" means a instrument capable of being concealed upon the person and applies to and
includes all firearms having a barrel less than 12 inches in length; also know as a “Revolver.”
(W) "Possess" means to have physical possession or otherwise to exercise dominion or control
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over property.
(X) "Public place" means a place to which the general public has access and includes but is not
limited to hallways, lobbies, and other parts of apartment houses and hotels not constituting
rooms or apartments designed for actual residences and highways, streets, community centers,
schools, places of amusement, parks, playgrounds, and premises used in connection with public
passenger transportation.
(Y) "Rancheria" means the Dry Creek Rancheria, and other lands subject to the jurisdiction of the
Dry Creek Rancheria Indian Tribe.
(Z) "Reasonable efforts" include the establishment of a system for notice designed to accomplish
actual notice to the victim.
(AA) "Repeated" means two or more times.
(BB) "Resist" means the use or threatened use of violence, physical force, or any other means that
creates a substantial risk of physical injury to any person.
(CC) "School" means a public or private institution of learning or a child care facility.
(DD) "Serious physical injury" means physical injury which creates a substantial risk of death or
which causes serious and protracted disfigurement, protracted impairment of health, or protracted
loss or impairment of the function of any bodily organ.
(EE) "Services" includes labor, professional services, transportation, communication services,
(which includes use of telephone, computer and cable television systems), entertainment, the
supplying of food, lodging, or other accommodations in hotels, restaurants, or elsewhere, the
supplying of equipment for use, and the supplying of public utility commodities such as gas,
electricity, steam, and water.
(FF) "Speaking out" means an act of yelling, screaming, or talking loud enough to drown out the
voice of an ordinary person in an attempt to prevent such body from completing business in an
orderly manner.
(GG) "Tribal Council" means the Dry Creek Rancheria Tribal Council.
(HH) “Tribal Court” means the Dry Creek Rancheria Tribal Court.
(II) "Tribal employee" means any person employed by the Dry Creek Rancheria.(JJ) "Tribe"
means the Dry Creek Rancheria Band of Pomo Indians.
SECTION 2. Justification
(A) Justification as a Defense. In any prosecution for an offense, justification is a defense which,
if raised, the Dry Creek Rancheria must disprove beyond a reasonable doubt.
(B) Use of Physical Force by Peace Officer in Making an Arrest or In Preventing an Escape.
Except as provided in Section 1(H), a peace office is justified in using physical force upon
another person only when and to the extent that he/she reasonably believes it necessary:

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(1) To make an arrest or to prevent the escape from custody of an arrested person unless
he knows that the arrest is unlawful;
(2) To defend himself/herself or a third person from what he/she reasonably believes to
be the use or imminent use of physical force while preventing or attempting to prevent an
escape.
(C) Use of Deadly Physical Force By Peace Officer in Making An Arrest or in Preventing an
Escape. Notwithstanding the provisions Section 1(H), a peace officer may use deadly physical
force only when he/she reasonably believes that:
(1) The crime committed by the person was a offense or an attempt to commit a offense
involving the use or threatened imminent use of physical force against a person, (e.g.,
murder, manslaughter, forcible sex offenses, robbery, or offense assault);
(2) The crime committed by the person was kidnapping, arson, escape in the first degree,
or any attempt to commit such a crime;
(3) Regardless of the particular offense which is the subject of the arrest or attempted
escape, the use of deadly physical force is necessary to defend the peace officer or
another person from the use or threatened imminent use of deadly physical force;
(4) The crime committed by the person was an offense or an attempt to commit an
offense and under the totality of the circumstances existing at the time and place, the use
of such force is necessary;
(5) The officer's life or personal safety is endangered in the particular circumstances
involved.
(D) Duty of Peace Officer When Using Deadly Physical Force.
(1) Nothing in Section (C) above constitutes justification for reckless or criminally
negligent conduct by a peace officer amounting to an offense against or with respect to
innocent persons whom he/she is not seeking to arrest or retain in custody.
(2) Before deadly force may be used, if necessary to prevent escape, a peace officer must
have probable cause to believe that the suspect poses a threat of serious physical harm,
either to the officer, or others, and where practical, some warning must be given.
SECTION 3. Inchoate Crimes
Attempt. Penalty for attempting a crime is generally one degree lower than the penalty for the
crime itself. An attempt to commit a crime is committed when a person intentionally engages in
conduct which constitutes a substantial step toward the commission of a crime.
Solicitation. Penalty for soliciting a person to commit a crime is generally one degree lower than
the penalty for the crime itself. The crime of solicitation is committed when a person, with intent
to cause another to commit an offense, commands, or solicits such other person to engage in that
conduct.
Conspiracy. Penalty for conspiracy to commit a crime is the same as the penalty for the crime
itself. A criminal conspiracy is committed when a person, with intent that an offense or class A
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offense, be performed, agrees with one or more persons to engage in or cause the performance of
such a crime.
SECTION 4. Offenses Against the Tribe, State, and Public Justice
(A) The following are criminal offenses against Dry Creek Rancheria, the State of California, and
public justice:
(1) Bribery. The following are offenses of bribery:
(a) Any person, including a member of the Tribal Council or other tribal official,
who shall give, offer to give, receive, or aggress to accept any money, property,
or services or anything else of value to or from another person with intent to
corrupt or influence another in the discharge of their public duty, action, or
decision;
(b) Any person who shall accept, solicit, or attempt to solicit any bribe, as
defined in (A)(1) above, shall be deemed guilty of an offense.
(c) Any tribal office, other than a Tribal Council position, held by such person
shall be, forfeited. A member of the Tribal Council shall be subjected to the
Constitutional provisions to remove such person from office.
(2) Perjury. Any person who shall willfully and deliberately, during a judicial proceeding
in the Dry Creek Rancheria Tribal Court, falsely swear and/or interpret, or shall make a
sworn statement or affidavit knowing the same to be untrue, or shall induce or procure
another person so to do, shall be deemed guilty of perjury.
(3) False Swearing. Making a false sworn statement, knowing it to be false.
(4) Unsworn Falsification. Knowingly making a false written statement to a public
servant or tribal employee when applying for any benefit.
(5) Obstructing Governmental Administration. Intentionally obstructing, impairing, or
hindering the administration of law or other governmental or judicial function by means
of intimidation, force, physical, or economic interference or obstacle.
(a) This section does not apply to obstruction of unlawful governmental or
judicial action or to interference with the making of an arrest.
(6) Refusing to Assist a Peace Officer: Any person who shall refuse, by act or omission,
to aid a police officer or firefighter of the Bureau of Indian Affairs, Peace Officer of Dry
Creek Rancheria in the apprehension or transportation of a person charged with an
offense of this chapter of the Criminal Code shall be deemed guilty of an offense.
(7) Resisting Arrest. Intentionally or willfully, by force, or violence, resisting or assisting
another person to resist a known peace officer when officer is making a lawful arrest.
(8) Hindering Prosecution. With intent to hinder the apprehension, prosecution,
conviction, or punishment of an offense suspect, or profit or benefit from the commission
an offense:

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(a) Harboring or concealing a person who has committed an offense;
(b) Warning such person of impending discovery or apprehension;
(c) Providing or aiding in providing such person with money, transportation,
weapon, disguise, or other means of avoiding discovery or apprehension;
(d) Preventing or obstructing, by means of force, intimidation, or deception,
anyone from performing an act which might aid in the discovery or apprehension
of such person;
(e) Aiding such person in securing or protecting the proceeds of the crime.
(9) Simulating Legal Process. Knowingly issuing or delivering any document that in
form and substance falsely simulates civil or criminal process.
(10) Criminal Impersonation. Falsely impersonating a public servant by doing an act in
such assumed character with the intent to obtain a benefit or to injure or defraud another.
(11) Initiating a False Report. Knowingly initiating a false alarm or report to a fire
department, law enforcement agency, or other organization that deals with emergencies
involving danger to life or property (i.e. ambulance service).
(12) Giving False Information to Police Officer for a Citation. Knowingly using or
giving a false or fictitious name, address, or date of birth to any peace officer for the
purpose of issuing or serving the person a citation.
(13) False Arrest. Any person who shall willfully or knowingly cause the false and/or
unlawful arrest, detention, or imprisonment of another person shall be deemed guilty of
an offense.
(14) Disrupting Public Meeting. Any person who disrupts any public meeting including
meetings of the Tribal Council by speaking out without being given the floor to speak by
the Chairperson of the official body holding the meeting shall be deemed guilty of an
offense.
(15) Failure to Obey Tribal Council Permit. Any person who violates any condition of
any permit issued by the Tribal Council or its delegated official shall be deemed guilty of
an offense.
(16) Disobedience to Lawful Orders of Court. Any person who shall willfully disobey
any order, subpoena, summons, warrant or command duly issued by the Dry Creek
Rancheria Tribal Court.
(17) Riot. Participating with five or more other persons in tumultuous and violent
conduct and thereby intentionally or recklessly creating a grave risk of causing public
alarm.
(18) Disorderly Conduct. With intent to cause public inconvenience, annoyance, or
alarm, or recklessly creating risk of such by:

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(a) Fighting, or violent, tumultuous, or threatening behavior;
(b) Making unreasonable and excessive noise;
(c) Disturbing any lawful assembly of persons without lawful authority;
(d) Annoy any public or religious assembly;
(e) Appearing in a public or private place in an intoxicated manner;
(f) Obstructing vehicular or pedestrian traffic on a public way;
(g) Refusing to obey lawful order of the police to disperse from gathering with
other persons in a public place;
(h) Initiating or circulating a known false report concerning an alleged or
impending fire, explosion, crime, catastrophe, or other emergency;
(i) Creating a hazardous or physically offensive condition by any act which one
is not licensed or privileged to do.
(19) Maintaining Public Nuisance. The following are acts of Maintaining Public
Nuisance:
(a) Criminal Provisions. Any person who shall set in such a manner, or permit
his/her property to fall into such condition as to injure or endanger the safety,
health, welfare, or property of his neighbors or the Tribe shall be deemed guilty
of an offense.
(b) Civil Provisions. Upon the court finding that property is in such a state of
disrepair that it constitutes a serious threat to the health, safety, and welfare to the
Tribe or its members or the general public, the court may order the fencing off or
destruction of such property by the owner or order such done with all costs of
such action to be the responsibility of the person owning such property other than
the Dry Creek Rancheria.
(20) Malicious Mischief. Maliciously disturbing, injuring, or destroying any livestock,
domestic animal, or other property of another.
(21) Trespass. A person is guilty of trespass if:
(a) He/she knowingly or recklessly enters or remains on property, or knowingly
allows his/her livestock to do so, when notice against entry is given by personnel
communication, by fencing or other enclosures, or by the posting of signs, may
be deemed guilty of an offense; or
(b) A person is guilty of aggravated trespass if he/she knowingly or recklessly
enters or remains on the property of another and accomplishes such entry by an
act of forces or violence, or, if he/she intends to cause or causes annoyance or
injury to any person thereon, or if he/she intends to commit or commits another
offense thereon, may be deemed guilty of an offense.
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(22) Harassment. Intentionally harassing or annoying another person by:
(a) Subjecting such other person to offensive physical conduct;
(b) Publicly insulting such other person by abusive words or gestures in a manner
intended and likely to provoke a violent response;
(c) Subjecting another to alarm by conveying a false report, known by the
conveyor to be false, concerning death or serious physical injury to a person,
which report reasonably would be expected to cause alarm;
(d) Subjecting another to alarm by conveying a telephone or written threat to
inflict property of that person or any member of that person's family, which threat
reasonably would be expected to cause alarm;
(e) A person who knowingly permits a telephone under his/her control to be used
in the ways described in (this section labeled "harassment") also commits
harassment.
(23) Telephonic Harassment. Intentionally harassing or annoying another person by:
(a) Causing the telephone of the other person to ring, such caller having no
communicative purpose;
(b) Causing such other person's telephone to ring and causing such other person's
to answer it, knowing that the caller has been forbidden from doing so by a
person exercising lawful authority over the receiving telephone.
(24) Abuse of Venerated Objects. Intentionally abusing a public monument, structure, a
place of worship, or burial, or a tribal national or state flag, or other historical, tribal, or
religious objects.
(25) Abuse of Corpse. Intentionally abusing a corpse, or disinterring, removing, or
carrying away a corpse.
(26) Misconduct with Emergency Telephone Calls. Intentionally refusing to relinquish a
party line or public pay telephone after being informed that it is needed for an emergency
call; or
(a) Requesting another to relinquish a party line, or public pay telephone to place
an emergency call with knowledge that no such emergency exists.
(27) Interfering With Public Transportation. With intent to harass, annoy, or alarm,
subjecting the operator of any bus to offensive physical contact when the bus is operated
by or under contract to any public body in order to provide public transportation.
(28) Second Degree Intimidation. Because of another person's race, color, religion, or
national origin:
(a) Tampering or interfering with such other person's property, having no right to
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do so, nor reasonable ground to believe that he/she has such right, with the intent
to cause substantial inconvenience to the other person;
(b) Intentionally subjecting such other person to offensive physical contact;
(c) Intentionally subjecting such other person or member of his family to alarm
by threatening:
i. To inflict serious physical injury upon such other person, or a member
of the person's family;
ii. To cause substantial damage to the property of the other person or of a
member of the other person's family.
(29) First Degree Intimidation. Because of another person's race, color, religion, or
national origin, two or more persons acting together:
(a) Intentionally, knowingly or recklessly causing physical injury to such other
person;
(b) With criminal negligence causing physical injury to such other person by
means of a deadly weapon;
(c) Intentionally placing such other person in fear of imminent serious physical
injury;
(d) Commit such acts as would violate (A)(28) above, if done by one person
acting alone.
(30) Negligently Wounding Another: Unclassified Offense. Wounding another person
with a bullet or shot from any firearm or with an arrow from any bow, which results from
defendant's failure to use ordinary care under the circumstances.
(31) Pointing Firearm at Another: Unclassified Offense. Being over the age of 12 years,
purposely pointing or aiming any loaded or empty firearm at or toward any person within
range of the firearm.
(32) Attempting to Use Dangerous Weapon; Carrying Dangerous Weapon With Intent to
Use It. Any person attempting to use unlawfully against another person, or carrying or
possessing with intent to use unlawfully against another, any dangerous or deadly
weapon.
(33) Carrying Concealed Weapon. A person is guilty of carrying a concealed weapon if
he/she shall go about in public places armed with a dangerous weapon concealed upon
his/her person, or who shall carry in their motor vehicle:
(a) A rifle or pistol with live ammunition in a position to be fired without more
than removing the safety and pulling the trigger;
Having a blade that projects or swings into position by force of a spring or by
centrifugal force and commonly known as a switchblade knife;

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(b) Any dirk, dagger, ice pick, sling shot, metal knuckles, or any similar
instrument by the use of which injury could be inflicted upon the person or
property of any other person.
(c) A person shall be deemed guilty of an offense unless they are in possession of
a permit issued by the Tribal Council or its delegated official to so carry such
weapon in such condition. The court shall determine whether the weapon is a
nuisance to the public safety and if the weapon is so deemed, the court shall hold
a hearing to determine the weapon's fate (destruction, etc.).
(d) This statute does not apply to any peace officer whose duty it is to serve
process or make arrests.
(34) Unlawful Possession of Firearms. Knowingly possessing any machine gun not
registered under federal law; or
(a) Knowingly carrying any firearm concealed upon the person, without having a
license to carry a concealed firearm;
(c) Knowingly carrying concealed and readily accessible about the person within
any vehicle which is under the person's control or direction any firearm capable
of being concealed upon the person, without having a license to carry such
firearm.
(35) Ex-Convict In Possession of Firearms. Prohibits any person Convicted of an offense
under the laws of California, any other state, or the United States, from owning,
possessing, or having custody of or control over any firearm that is a shot gun, having a
barrel less than 18 inches in length, any other firearm having a barrel less than 16 inches
in length, any firearm having a total length of less than 26 inches, any firearm designed to
be fired other than from the shoulder, or any machine gun.
(36) Ex-Convict in Possession of A Restricted Weapon. Prohibits any person convicted
of an offense under the laws of California, any other state, or the United States, from
owning, possessing, or having custody of or control over any instrument or weapon
having a blade that projects or swings into position by force of a spring or centrifugal
force and commonly known as a switchblade knife, or an instrument or weapon
commonly known as blackjack, sling shot, sandclub, sandbag, sap glove, or metal
knuckles;
(a) This statute does not apply if:
i. At the time of conviction, the offense was made an offense due to the
manner of sentence actually imposed;
ii. The offense was for possession of marijuana;
iii. The person was convicted of only one offense which did not involve
the possession or use of firearms, or switchblade knives, and the person
has been discharged from imprisonment, parole, or probation for a period
of 15 years prior to the date of the alleged violation of this statute.

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(36) Unlawful Possession of Armor Piercing Ammunition. Making or selling, buying or
possessing any handgun ammunition, the bullet or projectile or which is coated with
Teflon or any chemical compound with properties similar to Teflon and which is
intended to penetrate soft body armor, while having the intent that the ammunition be
used in the commission of a offense; or
(a) Carrying any ammunition described above while committing any offense
during which the person or accomplice of the person is armed with a firearm.
(37) Possession of Destructive Device or Loaded Firearm In or On Public
Building: Unclassified Offense. Prohibits possession of a destructive device or loaded or
unloaded firearm on the person in or on a public building.
(38) Discharging Weapon On or Across Highway, Ocean Shore Recreation Area, or
Public Utility Facility: Violation. Discharging or attempting to discharge a bow and
arrow, air rifle, or any firearm upon or across any highway, public road, or ocean shore or
at any public or railroad sign, or any power transmission line, etc. Ocean shore is the land
between low tide and the vegetation line.
(a) Status does not apply to peace officers on duty or to military personnel
on military reservation.
(39) Throwing or Shooting At Trains. Knowingly throwing an object at or dropping an
object on or discharging a bow and arrow, air rifle, or other firearm at a railroad train or a
person or commodity being transported on a train.

(40) Discharging Weapon On or Across Airport Operational Surface. Knowingly or
recklessly discharging a bow and arrow, gun, air gun, or any firearm upon or across any
airport operational surface.
(41) Unlawful Paramilitary Activity. With intent or knowledge that a firearm, explosive,
or incendiary device, or technique capable of causing injury or death will be unlawfully
used in a civil disorder:
(a) Exhibiting, displaying, or demonstrating the use or making of such firearm,
explosive, incendiary, or technique;
(b) Assembling with one or more persons for purpose of training with or
practicing with such firearm. etc.
(42) Giving Disease to Another. Any person who infects another person with a venereal
disease other than AIDS shall be deemed guilty of an offense; or
(a) Any person who knowingly or willfully infects another person with AIDS.
(43) Prostitution. Engaging in, or offering, or agreeing to engage in, sexual conduct or
sexual contact in return for a fee; or
(a) Paying or offering or agreeing to pay a fee to engage in sexual conduct or
sexual contact.
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(44) Promoting Prostitution. Knowingly owning, controlling, keeping, maintaining,
renting, or leasing any house, room, tent, or other place for the purpose of prostitution or
a prostitution enterprise shall be deemed guilty of an offense; or
(a) Induces or causes a person to engage in prostitution or to remain in a place of
prostitution;
(b) Receives or agrees to receive money or other property from a prostitution
enterprise;
(c) Institutes, aids, or facilitates an act or enterprise of prostitution.
(45) Compelling Prostitution. A person knowingly:
(a) Uses force or intimidation to compel another to engage in prostitution;
(b) Induces or causes one under 18 to become a prostitute;
(c) Induces or cause spouse, child, or stepchild to engage in prostitution.
(46) Gambling: Any person who participates in, organizes, or attempts to organize any
game of chance with cards, dice, or any other device, for money or anything of value
shall be deemed guilty of an offense.
(a) Gambling does not include handgames, bingo, and any gambling activities
authorized by the State of California.
(b) Second Degree Promoting Gambling. Knowingly promoting or profiting
from unlawful gambling.
(c) First Degree Promoting Gambling. Violates (A)(46)(b) above, to the extent
that:
i. One receives in any one day more than five bets totaling more than
$500.00;
ii. One receives from a lottery or numbers scheme money or written
records from a person other than a player, or receives more than $500.00
in one day of money played in the scheme.
(47) Second Degree Possession of Gambling Records. Knowingly possessing any
writing, paper, or article:
(a) Of a kind commonly used in a bookmaking scheme; or
(b) Of a kind commonly used in a lottery or numbers scheme.
(48) First Degree Possession of Gambling Records. Knowingly possessing any writing,
paper, or article of a kind commonly used:

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(a) In a bookmaking operation, and representing more than five bets totaling
more than $500.00;
(b) In the operation of a lottery, and representing more than 500 plays of chance.
(49) Possession of A Gambling Device. Any person who knowingly manufacture, sell,
transport, place, possess, conduct, or negotiate a transaction affecting or designed to
affect ownership, custody or use of:
(a) A slot machine; or
(b) Any other gambling device, believing that the device is to be used in
promoting unlawful gambling activity.
(B) It is a defense to this charge if the slot machine or gambling device was manufactured prior to
1958, and was not operated for purposes of unlawful gambling.
(C) Sections (A)(46)(47)(48)(49) do not pertain to any Dry Creek Tribal Gaming operation.
SECTION 5. Prohibited Acts Generally
(A) Delivery of Marijuana:
(1) In any amount for consideration is a Class A offense.
(2) For no consideration of less than one avoirdupois ounce of the dried leaves, stems,
and flowers of the plant Cannabis, family Moraceae, is a Class B offense, except that:
(a) For no consideration of less than five grams of the dried leaves, stems and
flowers of the plant Cannabis, family Moraceae, is a violation, punishable by a
fine of not more than $100.00.
(B) Possession of Marijuana:
(1) Possession of one or more than one avoirdupois ounce of marijuana is a Class A
offense.
(2) A person, who knowingly or intentionally possesses less than one avoirdupois ounce
of the dried leaves, stems, and flowers of the plant Cannabis, family Moraceae, is guilty
of a violation, punishable by a fine of not more than $100.00.
(C) Prohibited Acts Involving Records and Fraud. To knowingly or intentionally acquire or
obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or
subterfuge.
(D) Tampering with Drug Records. If a person knowingly:
(1) Alters, defaces, or removes a controlled substance label affixed by a manufacturer,
wholesaler, or apothecary unless an apothecary removes or defaces such a label to fill
prescriptions;

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(2) Affixes a false or forged label to package or receptacle containing controlled
substances;
(3) Makes or utters a false or forged prescription or false or forged official written order
for controlled substances;
(4) Makes a false statement in any controlled substance prescription, order, report, or
record.
(E) Frequenting A Place Where Controlled Substances Are Used:
(1) A person keeps, maintains, frequents, or remains at a place, while knowingly
permitting persons to use controlled substances in such place or to keep or sell them in
violation of the Uniform Controlled Substances Act.
(2) Frequenting a place where controlled substances are used is a Class B offense unless
the conviction is for knowingly maintaining, frequenting or remaining at a place where
one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis
family Moraceae is found at the time of an arrest under this section, and then it is a
violation punishable by a fine of not more than $100.00.

(F) Maximum sentences for Class A, B, C, D, Unclassified Offense, and Violations:
(1) Class A Offense: One year imprisonment and/or a fine, not exceeding $5,000.00.
(2) Class B Offense: Six months imprisonment and/or a fine not exceeding $1,000.00.
(3) Class C Offense: Ninety days imprisonment and/or a fine not exceeding $500.00.
(4) Class D Offense: Thirty days imprisonment and/or a fine not to exceed $250.00.
(5) Unclassified Offense: A sentence to pay a fine for an unclassified offense shall be a
sentence to pay an amount, to be fixed by the court, as provided in the code defining the
offense.
(6) Violation: A sentence to pay a fine for a violation shall be a sentence to pay an
amount, fixed by the court, not exceeding $250.00.
SECTION 6. Escape From a Jail or Prison
Any person in the lawful custody of a police officer of the Bureau of Indian Affairs, or a
Protection/Peace Officer of Dry Creek Rancheria, or by contract the care of a County, City, or
Federal Jail or Prison for any offense convicted in Tribal Court who shall escape or attempt to
escape or who shall assist in such escape or attempt to escape shall be deemed guilty of an
offense.
(1) Third Degree Escape. Escaping from custody.
(2) Second Degree Escape. Escaping from custody by:
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(a) Using or threatening physical force;
(b) Having been found guilty or convicted of an offense and escaping from
custody imposed as a result thereof;
(c) Escaping from a correctional facility;
(d) Departing from, absenting from, or failing to return to this state without
authority while under the jurisdiction of the Psychiatric Security Review Board.
(3) First Degree Escape:
(a) Aided by another person actually present, using, or threatening to use physical
force to escape from custody or a correctional facility;
(b) Threatening to use or using a dangerous or deadly weapon to escape from
custody or a correctional facility.
Aiding Unauthorized Departure means a person not being an inmate aiding a person confined to a
juvenile facility to make or attempt to make an unauthorized departure.
Supplying Contraband means:
(1) Knowingly introducing contraband into a juvenile facility, State hospital, or
correctional facility;
(2) Knowingly making obtaining, or possessing contraband when confined to a
correctional or juvenile facility or state hospital.
SECTION 7. Offenses Against Persons
(A) The following are criminal offenses against persons:
(1) Murder: Class A. Any person who shall unlawfully kill another human being under
conditions which the laws of California would deem Murder or Manslaughter or any of
its lesser degrees within Dry Creek Rancheria Indian Country on the lands within the
State of California shall be deemed guilty of an offense. Any defenses or mitigating
factors allowed by the laws of California shall be available to the person so charged if the
crime occurred in that state.
(a) Murder is also charged if death to a non-suspect results when suspect is
attempting or committing or during the immediate flight from any of the
following crimes:
(i) 1st degree arson;
(ii) 1st degree criminal mischief (by means of explosive);
(iii) 1st degree burglary;

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(iv) 1st degree escape;
(v) 1st and 2nd degree kidnapping;
(vi) 1st degree robbery;
(vii) Any 1st degree sexual offense;
(viii) Compelling prostitution.
(2) Manslaughter:
(a) First Degree Manslaughter:
(i) Recklessly causing death of another human being circumstances
manifesting extreme indifference to the value of life;
(ii) Intentionally causing death of another human being while under the
influence of an extreme emotional disturbance.
(b) Second Degree Manslaughter:
(i) Recklessly causing the death of another human being;
(ii) Intentionally causing or aiding another person to commit suicide.
(3) Criminally Negligent Homicide. With criminal negligence, causing the death of
another human being.
(4) Battery. Any person who shall willfully strike another person or otherwise inflict
bodily injury, or who shall by offering violence cause another to harm himself/herself,
shall be deemed guilty of battery.
(5) Assault. Any person who shall attempt or threaten bodily harm to another person
through the use of unlawful force or violence shall be deemed guilty of assault.
(a) Fourth Degree Assault:
i. Intentionally, knowingly, or recklessly causing physical injury to
another.
ii. With criminal negligence, causing physical injury to another by means
of a deadly weapon.
(b) Third Degree Assault:
i. Recklessly causing serious physical injury to another by means of
deadly or dangerous weapon;
ii. Recklessly causing serious physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting extreme
indifference to the value of human life.
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(c) Second Degree Assault:
i. Intentionally or knowingly causing serious physical injury to another;
ii. Intentionally or knowingly causing physical injury to another by
means of a deadly or dangerous weapon;
iii. Recklessly causing serious physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting extreme
indifference to the value of human life.
(d) First Degree Assault. Intentionally causing serious physical injury to another
by means of a deadly or dangerous weapon.
(e) Assaulting a Police Officer, Range Protection Officer, or Public Safety
Officer. Any person who assaults or commits battery, as defined in this chapter,
upon any police officer of any jurisdiction or a Range Protection Officer of Dry
Creek Rancheria while such officer is acting within the scope of their authority
and in a lawful manner shall be deemed guilty of an offense.
(f) Assaulting Tribal Employee or Official. Any person who assaults or commits
battery, as defined in this chapter, upon any tribal employee or Tribal Council
Member whether or not such person is assaulted during business hours or while
that person is acting within the scope of their authority shall be deemed guilty of
an offense.
(6) Menacing. By word or conduct, intentionally attempting to place another imminent
serious physical injury.
(7) Recklessly Endangering Another Person. Recklessly engaging in conduct which
creates a substantial risk physical injury to another person.
(8) Criminal Mistreatment:
(a) Second Degree Criminal Mistreatment. With criminal negligence and in
violation of a legal duty to provide care for another, withholding necessary and
adequate food, physical care, or medical attention from that person.
(b) First Degree Criminal Mistreatment. Violating a legal duty to provide care
for another person by intentionally or knowingly withholding necessary and
adequate food, physical care, or medical attention from that person; or
(i) Having assumed permanent or temporary care, custody, or
responsibility for the supervision of a dependent person, intentionally or
knowingly causing physical injury or injuries to the dependent person.
(9) Kidnapping. Any person who shall willfully take away, move, or detain another
person against their will or without the consent of the parents or guardians or other
persons having legal custody or charge of the person shall be deemed guilty of
kidnapping.
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(a) Second Degree Kidnapping. With intent to interfere substantially with
another's personal liberty, and without consent or legal authority:
(i) Taking a person from one place to another place;
(ii) Secretly confining another where he/she is not likely to be found.
(iii) This section does not apply to child stealing by a relative when a
child is under 16 years of age and the sole purpose is to assume control
of the child.
(b) First Degree Kidnapping. Violating (A)(9)(a) above with purpose of:
(i) Compelling someone to pay a ransom;
(ii) Holding victim as shield or hostage;
(iii) Causing physical injury to victim;
(iv) Terrorizing victim or any other person.
(10) Custodial Interference:
(a) Second Degree Custodial Interference. Knowing or with reason to know he
has no right to do so, taking, enticing, or keeping a person from the person's
lawful custodian with intent to hold the person permanently or for a protracted
period.
(b) First Degree Custodial Interference: Violating (A)(10)(a) above, plus:
(i) Taking victim out of the state;
(ii) Exposing victim to substantial risk of illness or physical injury.
(11) Coercion. Compelling or inducing another person to engage in conduct he/she has a
right to abstain from, or to abstain from conduct he/she has a right to engage in, by
instilling in him/her a fear that if the demand is not complied with, someone in the future
will:
(a) Unlawfully injure some person;
(b) Unlawfully damage property;
(c) Commit some other crime against victim or third person;
(d) Falsely accuse some person of a crime or cause criminal charges to be
brought against the person.
(11) Stalking.

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(a) A person commits the crime of stalking if:
(i) The person knowingly alarms or coerces another person or a member
of that person's family or household by engaging in repeated and
unwanted contact with the other person;
(ii) It is objectively reasonable for a person in the victim’s situation to be
alarmed or coerced by the contact; and
(iii) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of
the victim's family or household.
(b) Stalking is a Class A offense.
(12) Forgery. Any person who shall, with intent to injure, defraud, falsely sign, execute,
or alter any written instrument, or uttering a written instrument known to be forged shall
be deemed guilty of forgery.
(a) An instrument may be one of the following:
i. Money, stamps, or other valuable instruments issued by the
government;
ii. Stocks, bonds;
iii. Deeds, wills, credit card invoices, or checks, or other commercial
instruments;
iv. Public records.
(13) First Degree Criminal Possession of Forged Instrument. Possessing a known forged
instrument as described in (A)(12) above, while intending to utter it.
(14) Criminal Possession of A Forgery Device. Making or possessing with knowledge of
its character any plate, die, or other device, apparatus, equipment, or article specifically
designed for use in counterfeiting or forging written instruments; or
(a) With intent to use for purposes of forgery, making or possessing any device,
apparatus, equipment, or article capable of or adaptable to such forgery use.
(15) Criminal Simulation. With intent to defraud; making or altering any object, in such,
as it appears to have antiquity, rarity, source, or authorship that it in fact does not possess;
or
(a) With knowledge of its true character and with intent; uttering or possessing an
object that is simulated or an imitation.
(16) Fraudulently Obtaining a Signature. Obtaining the signature of a person to a written
instrument by knowingly misrepresenting any fact, with intent to defraud or injure
another.

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(17) Unlawfully Using Slugs. With intent to defraud the supplier of property or a service
sold or offered by means of a coin machine, inserting, depositing, or otherwise using a
slug in such machine; or
(a) Making, possessing, offering for sale or disposing of a slug with intent to
enable a person to use it fraudulently in a coin machine.
(18) Fraudulent Use of Credit Card. Using a credit card, which includes a credit card
number, for the purpose of obtaining property or services with the intent to injure or
defraud with knowledge that:
(a) The card is stolen or forged;
(b) The card has been revoked or canceled;
(c) For any other reason the use of the card is unauthorized by either the issuer or
the person to whom the credit card is issued.
(19) Negotiating a Bad Check. Making or uttering a bad check knowing it will not be
honored by the drawee bank, (i.e., account closed, or NSF, etc.). It is not necessary that
money or property be received. Making or presenting the check is sufficient. No proof of
an intent is required.
(20) Misbranding: Any person who shall knowingly or willfully misbrand or alter any
brand or mark on any livestock of another person shall be deemed guilty of an offense.
(21) Misrepresentation of Age By A Minor. Being less than a certain, specified age, one
knowingly purports to be of any age other than his/her true age with the intent of securing
a right, benefit, or privilege which by law is denied to persons under that certain,
specified age; or
(a) Being unmarried, one knowingly represents that he/she is married with the
intent of securing a right, benefit, or privilege which by law is denied to
unmarried persons.
(22) Providing Liquor to Person Under 21 or To Intoxicated Person. Selling, giving, or
otherwise making available any alcoholic liquor to any person who is visibly intoxicated,
(i.e., drunk); or
(a) Selling, giving, or otherwise making available any alcoholic liquor to a person
under the age of 21 years, when not that person's parent or guardian;
(b) Selling, giving or otherwise making available alcoholic liquor to a person
with the knowledge that the person to whom the liquor is made available will
violate (A)(22) of this statute.
(23) Purchase or Possession of Liquor by Person Under 21; Entry of Licensed Premises
by Person Under 21: Violation. Attempting to purchase, purchasing, or acquiring
alcoholic liquor by a person under the age of 21 years; or
(a) Having personal possession of alcoholic liquor when under the age of 21
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years, unless such minor, is in a private residence accompanied by his parent or
guardian, and with such parent's or guardian's consent.
(24) Rape. Any person who shall have carnal knowledge of another person, whether or
not his/her spouse, when the person does not consent to such shall be deemed guilty of an
offense.
(a) Attempted Rape. Any person who shall attempt to have carnal knowledge of
another person, whether or not his/her spouse, when the person does not consent
to such but is unable to complete the act of intercourse shall be deemed guilty of
an offense
(b) Third Degree Rape. A person having sexual intercourse with a juvenile under
16 years of age.
(c) Second Degree Rape:
(i) A person having sexual intercourse with a juvenile under 14 years of
age;
(ii) A person having sexual intercourse with a juvenile of any age who is
incapable of consent because of mental defect mental incapacitation or
physical helplessness.
(d) First Degree Rape:
(i) A person forcibly compelling a victim of any age to engage in sexual
intercourse;
(ii) A person having sexual intercourse with a juvenile under 12 years of
age;
(iii) A person having sexual intercourse with his/her sibling, of whole or
half blood, a person's children, or step-children, if the victim is under 16
years of age.
(25) Sodomy.
(a) Third Degree Sodomy. Engaging in deviate sexual intercourse with a person
under l6 years of age or causing that person to engage in deviate sexual
intercourse.
(b) Second Degree Sodomy:
(i) Engaging in deviate sexual intercourse with a person under 14 years
of age or causing that person to engage in deviate sexual intercourse
(ii) Engaging in deviate sexual intercourse with a person of any age and
the person cannot consent because of mental defect, mental
incapacitation, or physical helplessness or causing that person to engage
in deviate sexual intercourse.
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(c) First Degree Sodomy:
(i) Forcibly compelling or causing a person of any age to engage in
deviate sexual intercourse;
(ii) Engaging in deviate sexual intercourse with a person under 12 years
of age or causing that person to engage in deviate sexual intercourse;
(iii) Engaging in deviate sexual intercourse with a brother, or sister of the
whole or half-blood, or a son or daughter or the spouse's son or daughter,
if the victim is under 16 years of age, or causing such person to engage in
deviate sexual intercourse.
(26) Second Degree Sexual Penetration With A Foreign Object: Penetration of the
vagina, anus, or penis of another, with any object not part of the actor's body, and
(a) Victim cannot consent because of mental defect, mental incapacitation, or
physical helplessness;
(b) Victim is under 14 years of age.
(27) First Degree Sexual Penetration With A Foreign Object: Penetration of the vagina,
anus, or penis of another, with any object not part of the actor's body, and
(a) Victim is subjected to forcible compulsion;
(b) Victim is under 12 years of age;
(c) The two crimes immediately above do not apply to penetration which is part
of a medically recognized treatment, diagnostic procedure, or penetration by a
peace officer, or corrections officer, or by medical personnel at the request of
such officer in making a search for weapons, contraband, or evidence of a crime.
(28) Second Degree Sexual Abuse. Subjecting another to sexual contact and:
(a) Victim does not consent;
(b) Victim cannot consent because of being under 18 years of age, mental
incapacity, mental defect, or physical helplessness.
(c) Affirmative defense for defendant to prove (a) victim's lack of consent due
solely to being under 18 years of age, and (b) victim was more than 14 years of
age, and (c) defendant was less than 4 years older than victim.
(29) First Degree Sexual Abuse. Subjecting another to sexual contact and:
(a) Victim is under 12 years of age;
(b) Victim of any age is subjected to forcible compulsion;
(c) Subjecting another without consent to sexual intercourse, deviate sexual
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intercourse, or penetration of the vagina, anus, or penis of another with any
object not part of the actor's body.
(30) Contributing to Sexual Delinquency of Minor: A person over 18 years of age having
sexual intercourse with an individual under 18 years of age; or
(a) Any person over 18 years of age having deviate sexual intercourse with a
person under 18 years of age.
(31) Sexual Misconduct. Any person, regardless of age, having sexual intercourse, or
deviate sexual intercourse with a person under 18 years of age.
(32) Public Indecency. Performing one of the following acts in or in view of a public
place:
(a) Sexual intercourse;
(b) Deviate sexual intercourse;
(c) Exposing one's genitals with intent of sexually arousing himself/herself or
another person.
(33) Bigamy. A person commits the crime of bigamy if the person knowingly marries or
purports to marry another person at a time when either is lawfully married.
(34) Incest. Marrying or having sexual intercourse or deviate sexual intercourse with an
ancestor, descendent, or brother, or sister of the whole or half-blood, while knowing that
they are so related, either legitimately or illegitimately so.
(35) Abandonment of Child. A parent, guardian, or other custodian who deserts, in any
place, a child under 15 years of age with intent to abandon him/her.
(36) Child Neglect. A parent or custodian who, with criminal negligence, leaves a child
under 10 years of age unattended in, or at any place, for such period of time as may be
likely to endanger the health or welfare of such child.
(37) Failure to Support Dependents. A person commits the crime of criminal nonsupport
if, being the parent, lawful guardian, or other person lawfully charged with the support of
a child under 18 years of age, born in or out of wedlock, the person refuses, or neglects
without lawful excuse to provide support for such child.
(38) Child Abuse. Any person who shall cause any child under the age of 18 years to
suffer mental, emotional, or physical abuse or who shall fail to secure proper clothing or
nourishment for a child in their care, custody, and control, in an manner that is medically
threatening to such child.
(39) Failure to Send Children to School. Any person, parent, guardian, or relative,
having the care, custody, and control of a child or children under the age of 17, who fails
to take proper, efficient, and necessary steps to ensure the child or children are afford a
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remain in school, shall, after the child has missed 8 absences, be deemed guilty of an
offense.
(40) Endangering Welfare of Minor. The following are offenses of endangering welfare
of a minor or minors:
(a) Knowingly inducing, causing, or permitting an unmarried person under 18 to
view an act of sexual conduct or sadomasochistic abuse;
(b) Knowingly permitting a person under 18 to enter or remain at a place where
unlawful activity involving controlled substance is conducted or maintained;
(c) Knowingly inducing, causing or permitting a person under 18 to participate in
gambling;
(d) Knowingly selling, or causing to be sold, tobacco in any form to a person
under 18;
(e) Knowingly selling to a person under 18 any device designed to be used for
smoking tobacco, marijuana, cocaine, or any controlled substance, including
pipes, carburetion tubes, bongs, cigarette rolling papers, and machines, etc.
(41) Posting of Signs Concerning Sale of Smoking Devices: Violation. Failure by a
person who sells any of the smoking devices listed in (A)(40) above, to display a sign
clearly stating that the sale of such devices to persons under 18 is prohibited by law.
(42) Using Child in Display of Sexually Explicit Conduct. Employing, authorizing,
permitting, compelling or inducing a child under 18 years of age to participate or engage
in sexually explicit conduct, for any person to observe or to record in a photograph or
other visual recording.
SECTION 8. Offenses Against Property
(A) The following are criminal offenses against property:
(1) "Theft". Any person who shall take the property of another person, with intent to
permanently deprive the owner or to appropriate property to oneself or to a third person
shall be deemed guilty of theft. Theft may be committed in the following ways:
(a) Taking, obtaining, appropriation, or withholding property of another;
(b) Wrongfully keeping property that is lost, mislaid, or delivered by mistake;
(c) Threatening another with future harm so he/she gives up property because of
fear of that future harm occurring;
(d) Deceiving another, by means of a false document, or fraudulent statement to
part with his property;
(e) Receiving, concealing, or disposing of stolen property.

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(2) Aggravated First Degree Theft. The person violates Section (A)(1) above - First
Degree Theft - with respect to property, other than a motor vehicle used primarily for
personal, rather than commercial transportation, and the value of the property in a single,
or aggregate transaction is $10,000.00 or more.
(3) Theft of Lost, Mislaid Property. With intent to deprive the owner of lost, mislaid, or
mistakenly delivered property, failing to take reasonable measures to restore the property
to the owner.
(4) Theft by Extortion. Any person who shall willfully, by threatening, or compelling
another to deliver by instilling fear in him/her, or making false charges against another
person, extort or attempt to extort any money, goods, property, or anything else of any
value shall be deemed guilty of extortion.
(5) Theft by Deception. With intent to defraud, obtaining property of another by:
(a) Creating or confirming another's false impression of law, value, or intent
while not believing it himself/herself;
(b) Failing to correct a false impression of another which he/she previously
created or confirmed;
(c) Preventing another from acquiring information pertinent to the involved
property's disposition;
(d) Selling property without disclosing a lien or other adverse claim against it;
(e) Promising performance he/she does not intend or knows will not be
performed:
i. Defendant's intention or belief that a promise would not be performed
cannot be established by or inferred from the fact alone that a such
promise was not performed.
ii. Theft by deception can be committed by means of a bad check (i.e.
account closed or NSF).
(6) Theft by Receiving or Receiving Stolen Property. Receiving, retaining, concealing,
or disposing any property of another, or aid in concealing of property or receiving any
property of another with knowledge or having good reason to know that the property was
stolen, embezzled, or obtained by fraud or false pretenses, robbery or burglary, shall be
deemed guilty of an offense.
(a) Actual knowledge or belief that the property was stolen is required to be
proven, not merely good reason to know.
(7) Theft of Services. With intent to avoid payment therefore, a person obtains services
that are available only for compensation, by force, threat, deception, or other means to
avoid payment for the services.

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(8) Fraud. Any person who shall by willful misrepresentation or deceit, or by false
interpreting, or by the use of false weights or measures, obtain any money or other
property shall be deemed guilty of fraud.
(9) Embezzlement: Any person who shall, having lawful custody of property not his/her
own, appropriate the same to his/her own use with intent to deprive the owner thereof of
any financial gain achieved shall be deemed guilty of embezzlement.
(10) Unlawful Distribution of Cable Television Equipment. Knowingly manufacturing,
importing into Dry Creek Rancheria, distributing, seeking, offering for sale, rental or use,
possessing for sale, rental or use, any device designed to make available the unauthorized
reception of cable television signals.
(11) Criminal Possession of Rented or Leased Personal Property. Knowingly failing to
return rented or leased equipment after written demand; if
(a) The aggregate total value of equipment not returned is under $500.00, it is a
Class B offense;
(b) The aggregate total value of equipment not returned is $500.00 or more it is a
Class A offense.
(12) Burglary:
(a) Second Degree Burglary. Entering or remaining, unlawfully, in a building
with the intent to commit a crime therein.
(b) First Degree Burglary. Includes violation of Second Degree Burglary Section
(A)(12)(a) immediately above, and;
(i) The building is a dwelling;
(ii) If in effecting entry or while in a building, or in immediate flight
therefrom the person:
(AA) Is armed with a burglar's tool or a deadly weapon;
(BB) Causes or attempts to cause physical injury to any person;
(CC) Uses or threatens to use a dangerous weapon.
(13) Possession of Burglar's Tools. Possessing a burglar tool with intent to use it or
knowing someone else who intends to use it to commit or facilitate a forcible entry into
premises or a theft by physical taking.
(14) Criminal Trespass:
(a) Second Degree Criminal Trespass. Entering or remaining in or upon
premises without permission. This crime also includes a person who without
written permission drives, or rides in a vehicle upon private premises which have
been posted. However, emergency or law enforcement vehicles are not prevented
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from entering onto posted premises.
i. This crime includes a guest or anyone with the guest, who intentionally
remains unlawfully in a transient lodging (e.g., hotel, inn, or rented
condominium), after the departure date of the guest's reservation without
approval.
(b) First Degree Criminal Trespass. Entering or remaining unlawfully in a
dwelling.
(c) Criminal Trespass While in Possession of A Firearm. Entering or remaining
unlawfully in or upon premises while in possession of a firearm.
(15) Robbery. Any person who shall take from any other person any money, or property
of any value, with the intent to permanently deprive the owner or possessor thereof, by
threat of violence or with the use of any weapon shall be deemed guilty of an offense.
(a) Third Degree Robbery. In the course of committing or attempting to commit
theft, using or threatening the immediate use of physical force upon another
person with intent to:
(i) Prevent or overcome resistance to his unlawful taking of property;
(ii) Prevent or overcome resistance to his keeping property immediately
after the unlawful taking;
(iii) Compel another to deliver property or to engage in some other
conduct which might aid the theft.
(b) Second Degree Robbery. Violation of Section (A)(15)(a) above, plus:
(i) Representing by work or conduct that he is armed with what purports
to be a deadly or dangerous weapon;
(ii) Is aided by another person actually present.
(c) First Degree Robbery. Violation of Section (A)(15)(a) above, plus:
(i) Is armed with a deadly weapon;
(ii) Uses or attempts to use a dangerous weapon, or causes, or attempts to
cause, serious physical injury to any person.
(16) First Degree Arson. Intentionally damaging another's protected property by starting
a fire or causing an explosion; or
(a) Intentionally damaging any property, including his/her own, or another's by
fire or explosion and such acts recklessly places another person in danger of
physical injury or protected property of another in danger of damage.
(17) Reckless Burning. Recklessly damaging another's property by fire or explosion.
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(18) Criminal Mischief:
(a) Third Degree Criminal Mischief. Tampering or interfering with another's
property, when he/she has no right to do so, nor reasonable ground to believe that
he/she has such right, with intent to cause substantial inconvenience to owner or
to another person.
(b) Second Degree Criminal Mischief. Intentionally damaging or destroying
another's property, while having no right to do so, nor reasonable ground to
believe he/she has such right:
i. In an amount over $500.00;
ii. By means of an explosion;
iii. The property is a livestock animal;
iv. The property belongs to a public utility, railroad, or public
transportation facility used in direct service to the public.
(19) Tampering with Cable Television Equipment. Knowingly tampering or otherwise
interfering with or connecting to by any means any cable, wire, or other device used for
the distribution of cable television service, without authority of the provider of such
service; or
(a) Knowingly permitting another person to tamper or otherwise interfere with, or
connect to by any means any cable, wire, or other device used for the distribution
of cable television service, such tampering, interfering or connecting being upon
premises under the control of such first person or intended for the benefit of such
first person, without authority of the provider of such service.
(20) Computer Crime. Any person who knowingly and without authorization uses,
access, or attempts to access, or alters, damages, or destroys, any computer system,
computer network, or any computer software, program documentation, or data contained
in such computer, computer system, or computer network, commits computer crime.
(21) Offensive Littering. A person commits the crime of offensive littering if the person
intentionally creates an objectionable stench or degrades the beauty or appearance of
property or detracts from the natural cleanliness or safety of property.
(22) Endangering Aircraft:
(a) Knowingly throwing object at or dropping object on aircraft;
(b) Knowingly discharging bow and arrow, gun, airgun, or firearm at or toward
aircraft;
(c) Knowingly tampering with aircraft, aircraft equipment, or parts so as to
impair safety or operation without consent;
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(d) Knowingly placing or causing to be discharged any spring gun or explosive
with intent to damage or discourage operation of any aircraft.
SECTION 9. Offenses Against Animals
(A) The following are criminal offenses against animals:
(1) Animal Abuse in The Second Degree. Except as otherwise authorized by law, a
person intentionally, knowingly, or recklessly causes physical injury to an animal,
mistreats or tortures an animal, or fails to feed an animals under their care and custody.
(2) Animal Abuse in the First Degree. Except as otherwise authorized by law, a person
intentionally, knowingly, recklessly:
(a) Causes serious physical injury to an animal;
(b) Cruelly causes the death of an animal.
(3) Animal Neglect In the Second Degree. Except as otherwise authorized by law, a
person intentionally, knowingly, recklessly, or with criminal negligence, fails to provide
minimum care for an animal in such person's custody or control.
(4) Animal Neglect In the First Degree. Except as otherwise authorized by law, a person
intentionally, knowingly, recklessly, or with criminal negligence:
(a) Fails to provide minimum care for an animal in such person's custody or
control;
(b) Such failure to provide care results in serious physical injury or death to the
animal.
(5) Animal Abandonment. Intentionally, knowingly, recklessly, or with criminal
negligence leaving a domesticated animal at a location without providing for the animal's
continued care.
(6) Involvement In Animal Fighting: A person commits the crime of involvement in
animal fighting if the person:
(a) Owns or trains an animal with the intention that engage in an exhibition of
fighting;
(b) Promote, conducts, participates in or is present as a spectator at an exhibition
of fighting or preparations thereto;
(c) Keeps or uses, or in any way is connected with or interested in the
management of, or receives money for the admission of any person to any place
kept or used for the purpose of an exhibition of fighting;
(d) Knowingly suffers or permits any place over which the person as possession
or control to be occupied, kept or used for the purpose of an exhibition of
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fighting.
(e) Nothing in this section applies to or prohibits any customary practice of
breeding or rearing game cocks even though those cocks may be subsequently
used in cock fighting exhibitions outside the territorial jurisdiction of the Dry
Creek Rancheria.
(7) Dog Fighting: Class A. A person commits the crime of dog fighting if the person
knowingly does any of the following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells, or offers to sell a fighting
dog, including but not limited to, any advertisement by the person to sell such a
dog.
(b) Promotes, conducts, or participates in, or performs any service in the
furtherance of, an exhibition of dog fighting, including but not limited to,
refereeing a dog fight, handling of dogs at a dogfight, transportation of spectators
to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving
as a stakes holder for any money wagered on a fight.
(c) Keeps, uses, or manages, or accepts payment of admission to, any place kept
or used for the purpose of dog fighting.
(8) Participation in Dog Fighting: Class B. A person commits the crime of participation
in dog fighting if the person knowingly:
(a) Attends or has paid admission at any place for the purpose of viewing or
betting upon a dogfight.
(b) Advertises or otherwise offers to sell equipment for the training and handling
of a fighting dog.
CHAPTER 2. CRIMINAL PROCEDURE
SECTION 1. Scope of the Rules
(A) These rules shall govern the procedure in all criminal proceedings in the Dry Creek
Tribal Court and all preliminary and additional procedures as specified herein.
(B) Every proceeding in which a person is charged with an offense or crime and brought
to trial therefore is a criminal proceeding.
(C) These rules shall be construed to secure simplicity in procedure, fairness in
administration, the elimination of unjustifiable expense, and delay in the just
determination of criminal proceedings.
SECTION 2. Authority and Basis of Decisions
(A) In cases otherwise properly brought before the Dry Creek Rancheria Tribal Court and Court
of Appeal decisions on matters of both substance and procedure will be based, in sequence, upon
the following:
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(1) The Article of Association of the Dry Creek Rancheria;
(2) The Indian Civil Rights Act, 25 U.S.C. Sect. 1302 et. Seq.;
(3) Ordinances and Codes of the Dry Creek Rancheria;
(4) Resolutions of the Dry Creek Rancheria;
(5) The customs, traditions, and culture of Dry Creek Rancheria;
(6) Laws, rules, and regulations of the United States, the State of California, other states,
and Indian Tribes, and cases interpreting such laws, rules, and regulations; and
(7) The Common Law.
(B) The Dry Creek Tribal Court and Courts of Appeals shall not recognize or apply any federal,
state, or common law, rule, or procedure which is inconsistent with either the spirit or the letter of
either the Articles of Association, approved ordinances, codes, resolutions, or with the customs,
traditions or culture of Dry Creek Rancheria, unless otherwise required by Federal Law.
SECTION 3. Preliminary Provisions
(A) Prosecution of Offenses.
(1) No person shall be punished for an offense except upon a legal conviction, including a
plea or admission of guilt in open court, by a court of competent jurisdiction. No
incarceration or other disposition of one accused but not convicted of an offense, under
these rules shall be deemed, a punishment.
(2) All criminal proceedings shall be prosecuted in the name of the Dry Creel Rancheria
as Plaintiff, against the person charged with an offense, referred to as the Defendant.
(B) Rights of the Defendant. In all criminal proceedings the defendant shall have the following
rights:
(1) To appear and defend in person or by counsel:
(a) The Defendant has the right to represent himself/herself or be represented by
an attorney or any other person admitted to practice before the Dry Creek
Rancheria Tribal Court, but no Defendant shall have the right to have a
professional counsel provided at the Tribe's expense. However, the Presiding
Judge may order such fees to be paid, if it is determined to be necessary to
protect that persons civil rights in a criminal or civil matter, and the Court or
Tribal Council determined such funds are available. The determinations will be
on a case by case basis.
(b) To be informed of the charges against him/her and to have a copy of the
complaint.
(c) To testify in his/her own behalf, or to refuse to testify about the charges
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against him/her; provided, however, that once the defendant takes the stand to
testify to any matter relevant to the immediate proceedings against him/her,
he/she shall be deemed to have waived all right: to refuse to testify in that
criminal proceeding.
(d) To confront and examine all witnesses against him/her, subject to the rules or
evidence.
(e) To compel by subpoena the attendance of witnesses in his/her own behalf.
(f) To have a speedy and public trial by an impartial judge or jury.
(g) The right to appeal any final order, commitment, or judgment.
(h) To prevent his/her present spouse from testifying against him/her, except:
(i) In any case when the offense charged is alleged to have been
committed against the spouse, or the children of either the spouse or the
defendant, or against the marital relationship.
(ii) Any testimony by the spouse in the defendant's behalf will be deemed
a waiver of this privilege.
(2) Not to be twice put in jeopardy for the same offense by the Dry Creek Rancheria
Tribal Court or the State of California who under Public Law 280 has concurrent
jurisdiction.
(C) Limitations.
(1) A complaint shall be filed within the periods specified following the commission of
an offense:
(A) Class A offenses within three years;
(B) Class B Offenses within two years;
(C) Class C Offenses within one year;
(D) Class D offenses within one year;
(E) Class E unclassified offenses within six months;
(2) The period of limitations shall begin upon the commission of the offense. The period
begins to run on the date when the offense occurred or the date when any member of the
Dry Creek Rancheria Law Enforcement Division learned of such offense, or forever
thereafter be bared. Provided, that the prosecution of the offense by a separate sovereign
shall toll this statute for the duration of that proceeding, including all appeals.
(D) The Complaint.
(1) The prosecution for a criminal violation of the Dry Creek Rancheria Law shall be
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initiated by a written complaint. Each complaint shall contain the name of the defendant,
a short description of the facts constituting the offense charged, and the date, time, and
place the offense occurred.
(2) No complaint shall be valid unless signed by the complainant or tribal prosecutor and
witnessed by a tribal judge, court clerk, or notary public, except in cases where a tribal
police officer has issued a citation in lieu of arrest.
(3) No minor omission or error in the form of the complaint shall be grounds for
dismissal of the case unless some significant prejudice against the defendant can be
shown to result therefrom.
(E) Arrest/Hot Pursuit.
(1) No police officer shall arrest any person for any offense defined by this Code or by
federal law, except when the offense shall occur in the presence of the arresting officer or
he shall have probable cause to believe that the person arrested has committed an offense,
or he/she shall have a warrant commanding him to apprehend the person.
(2) Any police officer who observes any person within the Tribe's jurisdiction, as
provided by the Dry Creek Rancheria Tribal Court Rules of Procedure, committing an
offense defined by this Code or by state or federal law or who has probable cause to
believe that the person has committed an offense; may pursue and capture the person or
seize and impound the property in his possession if he attempts to flee the geographical
jurisdiction of the Dry Creek Rancheria.
(F) Warrant or Summons.
(1) Except when a citation is issued under these rules, upon the issuance of a complaint, a
warrant of arrest, or a summons shall issue to bring the named defendant before a Judge
of the Dry Creek Rancheria Tribal Court.
(2) A summons shall name the defendant, the offense charged, and order the defendant to
appear before a Tribal Court Judge within ten (10) days from the date of service or within
such other time as is provided on the summons to enter a plea to the charge. If a
defendant fails to appear in response to the summons, a warrant of arrest shall be issued.
(3) Warrants and summons may be served by any Tribal Police officer or any person over
the age of eighteen (18) years designated to perform that function by the Chief of Police
or a Tribal Court Judge.
(a) Service may be made anywhere concurrent with the Tribal Court’s civil
personal jurisdiction..
(b) The date, time, and place of service or arrest shall be endorsed on the warrant
or summons along with the name of the person serving it. A copy will be left,
with the person served and a copy shall be returned to the Court.
(c) In the event a person is arrested pursuant to a warrant issued under this
section, the officer need not have the warrant in his possession at the time of
arrest, but if he doesn't he shall notify the defendant that a warrant has been
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issued and the nature of the charge, and shall provide the defendant with a copy
of the warrant and complaint no later than the time of arraignment.
(d) If a defendant refuses service of a summons or if the defendant’s whereabouts
remains unknown after a reasonable search an arrest warrant shall issue.
(G) Search Warrants.
(1) Every judge of the Tribal Court shall have authority to issue warrants for search and
seizure of premises and property of any person under the jurisdiction of the Court.
However, no warrant of search and seizure shall be issued except upon a presentation of a
written or oral complaint based upon probable cause, supported by oath or affirmation
and charging the commission of an offense against the Tribe. No warrant for search and
seizure shall be valid unless it contains the name or description of the person or property
to be searched and seized and bears the signature of a judge of competent jurisdiction.
Service of warrants of search and seizure shall be made by an officer.
(2) An officer may search or seize property without a warrant in circumstances under
which warrantless searches are permitted by federal criminal law.
(H) Citations, Contents, Effects, and Procedures.
(1) Whenever a person is arrested for a violation of Dry Creek Rancheria Tribal law, the
arresting officer, or any other officer, may serve upon the arrested person a citation and
notice to appear in Court, in lieu of keeping the person in custody or requiring bail or
bond. In determining whether to issue a citation and notice to appear, the officer may
consider the following factors:
(a) Whether the person has identified himself/herself satisfactorily;
(b) Whether detention appears reasonably necessary to prevent imminent bodily
harm to himself/herself or to another, injury to property, or breach of the peace;
(c) Whether the person has ties to the Tribes or is a local resident, so as to
provide reasonable assurance of his appearance before the Court, or whether
there is substantial likelihood that he will refuse to respond to the citation;
(d) Whether the person previously has failed to appear in response to a citation
issued pursuant to this section or to other lawful process of the Court.
(2) The citation written to the offender by the officer shall include the name of the
person, his/her address, the date of birth and sex, the date, time and place and description
of the offense charged, the date on which the citation was issued, and the name of the
citing officer. A space shall be provided for the person to sign a promise to appear.
(3) The citation shall also state the time and place at which the person is to appear in
Court to hear the charges against him/her and post bail, which shall be not less than 72
hours after the date of the citation, nor more than 15 days after the date of citation.
(4) If a defendant fails to appear, the judge may issue a warrant of arrest and may order
any bail deposited by the defendant as hereinafter set forth forfeited.
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(I) Arraignment.
(1) As soon as reasonably possible after arrest but not more than twenty-four (24) hours
thereafter excluding Saturdays, Sundays, and holidays or within the period designated on
a summons, the defendant shall appear or be brought before a Tribal Court Judge, and the
defendant shall be advised of his/her right to counsel, and his/her rights under the Indian
Civil Rights Act of 1968, USCA 25-1302. If the defendant desires but does not presently
have counsel, he/she will be given a reasonable time to secure counsel at his/her own
expense, before entering his/her plea.
(2) At that time, the complaint will be read to the defendant and the defendant will be
asked to enter a plea.
(3) The defendant will enter a plea or the Court will enter one for him/her, then he/she
will be advised regarding bail or sentencing; whichever is appropriate.
(4) If the defendant has not received a copy of the complaint, one will be given him/her.
(J) Commitment Orders.
(1) No person shall be detained or jailed under this code for a period longer than 36
hours, exclusive of Saturdays, Sundays, and holidays, unless a commitment order signed
a judge has been issued.
(2) A temporary commitment order may be issued pending charges or investigation of
charges.
(3) A final commitment order shall be issued for persons jailed as a result of a sentence
by the Court.
(4) Dry Creek Rancheria will jail all detainees at County or State jails or prisons by
agreement with the County or State.
(K) Joinder of Offenses and Defendants.
(1) Two or more offenses may be charged in the same complaint in a separate count for
each offense if the offenses are of the same character or based on the same act or
transaction or if they constitute part of a common scheme or plan.
(2) Two or more defendants may be charged in the same complaint if it is alleged that
they have taken part it the same act or transaction constituting the offense or offenses.
(3) Such defendants may be charged in one or more counts together or separately but all
need not be charged on each count.

(L) Pleas.
(1) A defendant may plead guilty, not guilty, or no contest. The Court will not accept a
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guilty plea without first determining that the defendant made the plea voluntarily with an
understanding of the charges against him/her and the possible penalties. If the defendant
refuses to plead or if the Court refuses to accept a guilty plea, the Court shall enter a plea
of not guilty. The Court shall not enter a judgment on a guilty plea unless there is a
factual basis for the plea.
(2) The defendant, with the consent of the prosecuting attorney and the Court, may plead
guilty to any lesser offense included in the complaint or to any lesser degree of the
offense charged.
(M) Time of Trial.
(1) When the defendant is brought before the judge upon a warrant of arrest, the cause
shall be set for trial, within 90 days unless continued for cause or at they request of the
defendant. Bail shall then be set in accordance with the section on Bail, Bonds, and Fines
under these Rules.
(2) When the defendant is summoned before the judge pursuant to a citation as provided
herein, the defendant shall appear on the date indicated on the citation to hear the charges
against him/her, post bail, enter a plea, and be assigned a trial date. Trial shall be set
within 90 days unless continued for cause or at the request of the defendant.
(3) A defendant may post bail, enter a plea, and request a trial date prior to the return date
or the citation if the defendant so desires, provided, that bail or other bond satisfactory to
the judge is posted. A trial date shall be set within 90 days of the return date on the
citation unless continued for cause or at the request of the defendant.
(4) Provided, a defendant not released from jail pending trial shall be brought to trial not
later than 60 days after the date of arraignment.
(N) Bail and Bonds.
(1) Except as provided herein, every person charged with any offense before the Court
may be admitted to bail. Bail shall be by cash deposit or by assurance of two reliable
members of the Dry Creek Rancheria who reside within the boundaries of the Tribe's
geographical jurisdiction who shall execute an agreement in compliance with the form
provided therefore to the effect that they will pay any bail forfeited. In no case shall the
bail specified in the agreement exceed twice the maximum penalty set by the section of
the Dry Creek Tribal ordinance for the offense for which the accused has been charged.
The cash or bond agreement shall be executed before the clerk or any bonded employee
authorized by the Court to accept bail. All such bonds shall be promptly filed with the
clerk.
(2) In lieu of bail, a person charged with any offense may be released on his/her personal
recognizance ("PR") without posting bail or bond, pursuant to the discretion of the judge.
In determining whether to grant PR, the judge may consider the following factors:
(a) Whether such person has identified himself/herself satisfactorily;
(b) Whether detention appears necessary to prevent imminent bodily harm to
such person or to another, injury to property, or breach of the peace;
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(c) Whether the person has ties to the Tribe or is a local resident, so as to provide
reasonable assurance of his appearance before the Court, or whether there is
substantial likelihood that he/she will refuse to appear for trial; and
(d). In any case, to secure his/her release, the person must give written promise to
appear in Court as required by the citation.
(3) The Chief Judge may establish a bail schedule for all offenses under Dry Creek
Rancheria Tribal law. Any person arrested and taken into custody for violation of such
code may be released upon posting the specified bail with the clerk, or other person
authorized by the Court to receive bail, unless released on personal recognizance or
detention is ordered by the Court.
(4) The judge may deny a person release on bail if it appears reasonably certain that the
person will pose a serious threat to the safety and well-being or himself/herself, the Tribe,
or the public, if released, or if there is a substantial likelihood that the person will not
appear or trial.
(O) Fine Schedule. The Chief Judge may also establish a schedule for fines for specified
violations of this Code, within the limits prescribed by this Code and the Section establishing the
offense.
(P) Pleadings and Pre-Trial Motions; Defenses and Objections.
(1) Pleadings in criminal proceedings shall consist of the complaint and the plea of guilty,
not guilty, or no contest. All other pleas and motions shall be made as follows:
(a) All defenses or objections capable of determination other than at trial may be
raised by motion before trial.
(b) Defenses and objections based on defects in the complaint other than it fails
to show jurisdiction in the Court or fails to charge an offense may be raised only
by a pre-trial motion or it shall be deemed waived, unless the Court on a showing
of good cause grants relief from the waiver. Lack of jurisdiction or failure to
charge an offense may be raised as defenses, or noted by the Court on its own
motion, at any stage of the proceedings.
(c) Pre-trial motions shall be made in writing and filed with the Court at least five
(5) working days before the trial date. The motions will be argued before trial on
the trial date unless the Court directs otherwise.
(d) If a motion is decided against the defendant, the trial shall proceed as
scheduled. If a motion is decided for the defendant, the Court shall proceed or
enter judgment as is appropriate.
(Q) Discovery and Inspection.
(1) The Prosecutor and/or the tribal police, shall upon request, allow the defendant or
his/her representative to inspect and copy any statements or confessions, or copies
thereof, made by the defendant which are reasonably obtainable or in their possession or
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control. They shall also make available copies of reports of physical, mental, or scientific
tests or examinations relating to or done on the defendant.
(2) The defendant or his/her representative shall present to the prosecutor and the Court
written notice at least five (5) working days before trial the names of any witnesses they
intend to call to provide an alibi for the defendant. Failure to provide this notice will bar
the defense from using the witnesses unless it can be shown that prior notice was
impossible or that no prejudice to the prosecution will result, in this case the Court may
order the trial delayed or make such orders as will tend to assure a just determination of
the case.
(R) Subpoenas.
(1) Any party to a proceeding before the Tribal Court shall have the right to request the
Court to issue a subpoena to compel witnesses to appear in court on his/her behalf.
(2) Upon the request of a party or his/her representative, the Court shall issue a subpoena
which commands a named person to appear in court and/or to bring certain evidence or
documents to court.
(3) Every subpoena commanding a witness to appear shall be in writing and shall include
the name of the court, the names of the parties, the time and place the witness must
appear and a clear and detailed description of any documents or evidence which the
witness is required to bring.
(4) A subpoena issued as provided in this rule shall be delivered to the witness by a
person designated by the Court for that purpose. The subpoena may be delivered either
by giving it to the witness directly or by leaving it at the witness's residence or place of
employment with a person at least fourteen (14) years old who lives or works there.
(5) A person who serves a subpoena on a witness shall promptly file with the Court a
copy of the subpoena and a signed written statement describing where, when, how, and to
whom service was made.
(6) The failure of a witness to obey a subpoena shall be grounds for holding the witness
in contempt of court.
(7) The Tribal Council may establish witness fees. The Court may order witness fees, if
any are paid, to be assessed as costs in criminal actions and appeals.

SECTION 4. Trial
(A) Judge or Jury Trial.
(1) All trials of criminal offenses shall be by the Court without a jury unless the
defendant files a request for a jury trial at his/her arraignment or no later than two (2)
weeks prior to the date set for trial.
(2) The right to a jury trial is limited to criminal prosecutions in which the offense is
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punishable by imprisonment.
(3) In a case tried without a jury, the judge shall determine both questions of law and of
facts and shall make a finding of guilt or innocence. A judge shall upon the request, of
either party, make specific findings which may be embodied in a written decision.
(B) Juries.
(1) Members of the Dry Creek Rancheria who are at least 18 years of age are eligible to
serve as jurors. However, no person shall be eligible to sit on a jury in any case in which
he/she has a direct interest or is related to a party by blood or marriage in the first or
second degree. Law enforcement officers and court personnel are not eligible to serve as
jurors.
(2) When a defendant asks for a jury, the Court Clerk shall draw the names of at least
twelve (12) persons, at random, from the Elections Board's list of qualified voters, which
list constitutes the list of eligible jurors. The Clerk shall then send a summons to each
person whose name is drawn. The summons shall order the person to appear in court at
the time set for trial of the case. The summons shall contain the name of the Court, the
title of the case, the offense charged and the defendant's name.
(3) At the trial six of the jurors summoned shall be called and then seated in the
courtroom. The parties shall alternately question the jurors as to their impartiality and
fairness. A party may challenge any juror for cause and the judge shall excuse any juror
whom he/she feels would not be completely fair and impartial. As a juror is excused, the
Court Clerk shall draw the name of another juror to be seated and each party shall have
an opportunity to examine the juror for fairness and impartiality. There shall be no limit
on challenges for cause.
(4) Each side shall be entitled to three (3) peremptory challenges.
(5) An alternate juror shall be treated as a regular juror for purposes of challenges.
(6) The alternate juror shall be dismissed prior to the jury's retiring to deliberate if he/she
has not been called to replace an original juror who has become for any reason unable or
disqualified to serve.
(C) Judges Disability.
(1) If by reason of death, sickness, or other disability, the judge before whom a jury trial
has commenced is unable to proceed with the trial, any other Tribal Judge may, upon
certifying that he or she has familiarized himself or herself with the record of the trial,
proceed with the trial.
(2) If by reason of death, sickness, or other disability, the Judge before whom the
defendant has been tried is unable to perform the required duties of a Judge after the
verdict or a finding of guilty, any other Tribal judge may perform those duties unless
such judge feels he cannot fairly perform those duties, then a new trial may be granted. A
new trial shall not be granted if all that remains to be done is the sentencing of the
defendant.

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(D) Evidence.
(1) Evidence presented must be relevant to the issue in dispute. A witness, including a
party, may testify as to a statement made by a person not before the court if the witness
heard the statement when it was uttered by the person alleged to have made the statement.
The Court may inquire into the circumstances surrounding the failure of the party
offering the statement to present the actual speaker and such circumstances may be
considered in determining the credibility of the evidence.
(2) Whenever practical, documents presented as evidence shall be the originals. All issues
regarding the admissibility of evidence shall be determined by the Chief Judge, who shall
have the discretion to exclude any evidence or good cause.
(E) Continuances. At any stage of the proceeding, the Court may grant a reasonable continuance
upon its own motion or the request of a party after a showing of good cause. The Court shall
consider the objections of any party to a continuance.
(F) Open Proceedings. All proceedings shall be open to the public and the press unless the
Presiding Judge determines that, due to the highly sensitive nature of the testimony of young
children or the circumstances which could cause extreme embarrassment to witnesses or parties,
the proceeding should be closed.
(G) Exclusion of Witnesses. Upon the motion of either party, the Presiding Judge shall exclude
witnesses not actually testifying from the room where proceedings are being held.
(H) Expert Witnesses. The parties may each call expert witnesses of their own choosing and they
shall bear the expense for the expert witnesses they call.
(I) Interpreters. The Court may select and appoint an interpreter and each party may provide their
own interpreters and shall bear the costs. An interpreter through whom testimony is received shall
be put under oath to faithfully and accurately translate and communicate as the Court requires.
(J) Motions for Acquittal.
(1) The Court on a motion of the Defendant or on its own motion, shall order an entry of
a judgment of acquittal of one or more offenses charged in the complaint after the
evidence of either side is closed if the evidence is insufficient as a matter of law to
sustain a conviction of the offenses charged. A motion by the defendant for acquittal does
not affect his right to present evidence.
(2) If a motion for acquittal is made at the close of all evidence, the Court may reserve
making a decision on the motion, submit the case to the jury and decide the motor any
time either before or after the jury returns its verdict or is discharged.
(K) Instructions. At the close of the evidence or at an earlier time during the trial as the Court
may reasonably direct, any party may file written requests that the Court instruct the jury on the
law as it is set forth in the request. At the same time, copies of such requests shall be furnished to
adverse parties. The Court shall inform Counsel of its proposed action upon the requests prior to
the arguments of counsel to the jury, but the Court shall instruct the jury after arguments by
counsel are completed. No party may assign as error any portion of the charge or an omission
there from unless they make an objection thereto prior to the time the Jury retires to consider its
verdict, stating distinctly the matter to which he objects and the grounds of the objection.
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Opportunity to make the objection shall be made out of the hearing or if necessary out of the
presence of the jury.
(L) Verdict.
(1) The verdict of the jury shall be unanimous. It shall be returned to the judge by the jury
in open court.
(2) If there are two or more defendants, the jury may at a time during its deliberations
return a verdict or verdicts with respect to the defendant or defendants as to whom it has
agreed; if the jury cannot agree as to all, the defendant or defendants as to whom the jury
does not agree may be tried again.
(3) The defendant may be found guilty of an offense necessarily included in the offense
charged or of an attempt to commit the offense charged or of an offense necessarily
included therein if the attempt is an offense, without the necessity of the defendant
having been formerly charged with such lesser included offenses or with attempt.
(4) When a verdict is returned and before it is recorded, the jury shall be polled at the
request of any party or upon the Courts own motion. If upon being polled the jury does
not unanimously concur, they may be directed to retire for further deliberations or may be
discharged.
SECTION 5. Judgment
(A) Judgment. A judgment of conviction shall set forth the plea, the verdict or findings, and the
adjudication and sentence when imposed. If the defendant is found not guilty or for any other
reason entitled to be discharged, judgment shall be entered accordingly. The judgment shall be
signed by the Judge and entered by the Clerk.
(B) Sentencing.
(1) The Judges of the Dry Creek Tribal Court shall have broad latitude in the sentencing
of persons convicted of offenses. In determining sentences, judges shall be guided by
both the welfare of the Tribal Community particular needs of the convicted person.
Sentences may be of a nature customary with-other systems or law, or may reflect
traditional tribal remedies.
(2) Whether a trial is by a jury or the Court, upon conviction the presiding judge shall
determine the sentence. The following shall guide the judge when imposing sentence:
(a) A defendant may be sentenced to jail or to community service, or both at the
discretion of the judge;
(b) Fines may be paid pursuant to a payment schedule, to be determined by the
judge, who shall carefully consider the person's financial resources;
(c) In serving jail time in lieu of paying a fine, the convicted person shall be
credited at the rate of twenty five dollars ($25.00) per day;
(d) The Court may direct that all or part of a fine be paid to the victim as
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restitution for a wrong, provided; that in no event shall a fine and restitution,
taken together, exceed five thousand dollars ($5,000.00) per offense;
(e) In the event that restitution is ordered, a separate hearing must be held to
determine the amount of the victim's damages;
(f) A defendant who testifies at a hearing determining restitution does not waive
his right against self incrimination in the event of a new trial;
(g) The fact that restitution shall be ordered as part of a criminal proceeding shall
not preclude a civil action for damages to recover remaining damages;
(h) Upon conviction of any offense, the Court may order that costs be paid,
provided that in no event shall a defendant pay more than a total of five thousand
dollars per offense, including fines, restitution, costs, or other assessments;
(i) In determining the nature and duration of a sentence, the Court shall consider
the previous conduct of the defendant, the circumstances of the crime, whether
the defendant is likely to reform, whether the defendant represents a danger to the
community, and the extent of the defendant's resources and the needs of his
dependents;
(j) The penalties prescribed in any criminal offense under a Dry Creek Rancheria
Tribal Ordinance are maximum penalties, and should be imposed only in extreme
cases.
(C) Probation.
(1) In its discretion, the Court may suspend a sentence and allow the convicted person his
freedom on probation upon the condition of signing a pledge of good conduct. The Court
may impose such terms as are fitting and just as conditions of probation.
(2) A person found by the Court to be violating their conditions of probation may be
required to serve all or part of the original sentence.
(D) Parole.
(1) A person is eligible for parole when they have served one-half of the sentence
imposed without misconduct. At that point a hearing may be held by the Judge who
imposed the sentence to determine whether parole shall be granted, and if so, what
conditions shall attach.
(2) A person found by the Court to be violating the conditions of his parole may be
required to serve the remainder of the original sentence.
(E) Vacating Sentence. Upon a motion brought to vacate, the judge who imposed the sentence
may vacate any portion of a remaining sentence. A hearing on the motion shall be had in which
all interested parties may present evidence or bring related facts to the attention of the Court;

(F) Disposition of Fines. All fines and fees collected by the Court under the provisions of this
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Ordinance shall be paid to the Clerk of the Court, who shall in turn deliver then to the Tribal
Treasurer for deposit in a special account of the Tribe to be used for maintenance of the Court and
Law Enforcement program. Provided, however, that the clerk may maintain petty cash fund up to
Fifty dollars ($50.00), with a full and accurate accounting of such fund to be made available to
the Tribal Council upon request.
(G) Default on Fine. When a defendant defaults in the payment of a fine or any installment
thereof, the Court on its own motion shall order the defendant to show cause why he is not in
contempt and may issue a summons or an arrest warrant for the defendant's appearance. If good
faith is shown, the Court may allow additional time for payment or revoke all or part of the
unpaid fine; otherwise, the Court may order his/her imprisonment until the fine is paid. The Court
may order the seizure and sale of any personal property of the defendant found within the
territorial jurisdiction of the Dry Creek Rancheria.
(H) Disposition of Property Confiscated by the Court. Any property, including equipment, which
may have been confiscated by lawful order of the Court under the provisions of any Tribal
ordinance shall be sold at public auction and the proceeds therefrom deposited by the Clergy of
the Court into the Dry Creek Rancheria's General Fund. The funds shall be recorded upon the
accounts of the Tribe and shall be available for expenditure upon order of the Chief Judge and for
such other purposes as Dry Creak Rancheria Tribal Council may direct.
(I) New Trial. The grounds for a new trial are as follows:
(1) Receipt by the jury of evidence not authorized by the Court;
(2) Determination of a verdict by lot, through intimidation, or without a fair expression of
opinion;
(3) Refusal by the Court to instruct the jury correctly as to the law;
(4) Failure of the defendant to receive a fair and impartial trial; and
(5) New evidence discovered and not available at time of the original trial.
SECTION 6. Appeal
(A) Right of appeal.
(1) The defendant has the right to appeal from the following:
(a) A final judgment of conviction;
(b) From an order made, after judgment, affecting his/her substantial rights.

(2) The Tribe has the right to appeal from the following:
(a) A judgment in dismissal in favor of the defendant upon a motion to dismiss
based on any procedural irregularity occurring before trial.
(b) An order arresting judgment or acquitting the defendant contrary to the
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verdict of the jury or before such verdict can be rendered;
(c) An order of the Court directing the jury to find for the defendant;
(d) An order made after judgment affecting the substantial rights of the Tribe.
(3) A notice of appeal must be filed within ten (10) days of the entry of final judgment or
other appealable order and must be served on all parties except the party filing the appeal.
(4) The Clerk of the Tribal Court will prepare and transmit to the Appellate Court the
record of the case appealed including a transcript or copy of the recordings taken in all
the proceedings relevant thereto.
(5) The party taking the appeal shall be referred to as the appellant and the other party as
the respondent. The number and name of the case will be the same as the case number
and name used at trial except the name of parties not involved in the appeal may be
omitted.
(6) Within ten (10) after the receipt by the Appellate Court of the Trial Court record, the
appellant shall file a brief supporting his position on appeal. Within twenty (20) days
after receipt of a copy of the appellant's brief, the respondent shall file its brief. As soon
thereafter as possible, the Appellate Court shall decide the case and may schedule and
hold a hearing on the appeal. Each party shall file four copies of its brief with the Court.
(B) Stay of Judgment and Relief Pending Appeal.
(1) A sentence of imprisonment may be stayed if an appeal is taken and the defendant
may be given an opportunity to make bail. Any defendant not making bail or otherwise
obtaining release pending appeal shall have time spent incarceration counted towards his
sentence in the matter under appeal.
(2) A sentence to pay a fine, or a fine and costs, may be stayed pending appeal upon
motion of the defendant but the Court may require the defendant to pay such money
subject to his/her return if the appeal should favor the defendant and relieve his obligation
to pay a fine or a fine and costs.
(3) An order placing the defendant on probation may be stayed on motion of the
defendant if an appeal is taken.
(C) Appellate Court Review.
(1) If the appeal is irregular in any substantial matter, the Appellate Court may order,
upon motion of the respondent, either the correction of the defects or the dismissal of the
appeal.
(2) The Appellate Court will decide the appeal on the basis of the briefs submitted
without oral argument unless oral argument is requested by any party to the appeal or by
the Court on its own motion.
(3) The Appellate Court will issue a written opinion or separate opinions as may be
required to fully explain the Court's disposition of the case.
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(4) The Appellate Court shall make one of the following determinations of the appeal:
(a) Affirm the Trial Court's result.
(b) Reverse or vacate the Trial judgment and remand for disposition in
accordance with the order of the Appellate Court.
(c). The judgment of the Trial Court will be deemed affirmed if no disposition
can be reached by the Appellate Court.
SECTION 7. Stalking Protective Order
(A) Citation; Form.
(1) Upon a complaint initiated as provided in Section 7(D), a law enforcement officer
must issue a citation ordering the person to appear in Court within three (3) judicial days
and show cause why the Court should not enter a Court's stalking protective order when
the officer has probable cause to believe that:
(a) The person intentionally, knowingly, or recklessly engages in repeated and
unwanted contact with the other person or a member of that person's family or
household thereby alarming or coercing the other person;
(b) It is objectively reasonable for a person in the victim's situation to be alarmed
or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of the
victim's family or household.
(2) The Police Department must develop and distribute a form for the citation.
(B) Effect of Citation; Contents; Hearing; Court's Stalking Protective Order.
(1) A citation must notify the respondent of a Tribal Court hearing where the respondent
must appear at the place and time set forth in the citation. The citation must contain:
(a) The name of the respondent;
(b) A copy of the stalking complaint;
(c) The date, time, and place at which the citation was issued;
(d) The name of the law enforcement officer who issued the citation;
(e) The time, date, and place at which the respondent is to appear in court; and
(f) Notice to the respondent that failure to appear at the time, date, and place set
forth in the citation will result in the respondent's arrest and entry of a Court's
stalking protective order.
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(2) The officer must notify the petitioner in writing of the time, date, and place set for the
hearing.
(3) The hearing must be held as indicated in the citation. At the hearing, the petitioner
may appear in person or by telephone. The respondent must be given the opportunity to
show cause why a Court's stalking protective order should not be entered. The hearing
may be continued for up to 30 days. The Court may enter:
(1) A temporary stalking protective order pending further proceedings; or
(2) A Court's stalking protective order if the Court finds by a preponderance of
the evidence that:
(A) The person intentionally, knowingly, or recklessly engages in
repeated and unwanted contact with the other person or a member of that
person's family or household thereby alarming or coercing the other
person;
(B) It is objectively reasonable for a person in the victim's situation to be
alarmed or coerced by the contact; and
(C) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of
the victim's family or household.
(4) In the order, the Court must specify the conduct from which the respondent is to
refrain, which may include all contact listed in Chapter 1, Section 7(A)(11) and any
attempt to make contact listed in Chapter 1, Section 7(A)(11). The order is of unlimited
duration unless limited by law.
(5) If the respondent fails to appear at the time, date, and place specified in the citation,
the Court must issue a warrant of arrest in order to ensure the appearance of the
respondent at Court and must enter a Court's stalking protective order.
(6) The Court may also order the respondent to undergo a mental health evaluation and, if
indicated by the evaluation, treatment.
(7) A law enforcement officer must report the results of any investigation arising from a
complaint under Section 7(D) to the Tribal Prosecutor within three (3) days after
presentation of the complaint.
(C) Service of Order. Whenever a stalking protective order is issued and the person to be
restrained has actual notice thereof, the person serving the order must deliver forthwith to the
tribal police department a true copy of the order and a certificate of service on which it is stated
that personal service of the order was made on the respondent. If an order entered by the Court
recites that the respondent appeared in person before the Court, the necessity for further service of
the order is waived and the accompanying certificate of service is not necessary.
(D) Initiation of Action to Obtain a Citation.

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(1) A person may initiate an action seeking a citation under Section 7(A) by presenting a
complaint to a law enforcement officer or to any law enforcement agency. The complaint
must be a statement setting forth with particularity the conduct that is the basis for the
complaint. The petitioner must affirm the truth of the facts in the complaint.
(2) The Tribal Police Department must develop and distribute the form of the complaint.
The form must include the standards for reviewing the complaint and for action.
(3) A parent may present a complaint to protect a minor child. A guardian may present a
complaint to protect a dependent person.
(4) By signing the complaint, a person is making a sworn statement.
(E) Violating a Court's Stalking Protective Order.
(1) A person commits the crime of violating a Court's stalking protective order when:
(1) The person has been served with a Court's stalking protective order as
provided in Section 7(C) or if further service was waived because the person
appeared before the Court;
(2) The person, subsequent to the service of the order, has engaged intentionally,
knowingly, or recklessly in conduct prohibited by the order; and
(3) If the conduct is prohibited contact as defined Chapter 1, Section 1(F), the
subsequent conduct has created reasonable apprehension regarding the personal
safety of a person protected by the order.
(2) A person convicted of violating a Court's stalking protective order is guilty of a Class
B Offense unless the person has a prior conviction for stalking or violating a Court's
stalking protective order, in which case the person is guilty of a Class A Offense.
(F) Action for Issuance or Violation of a Stalking Protective Order.
(1) A person may bring a civil action in Tribal Court for a Court's stalking protective
order or for damages, or both, against a person if:
(a) The person intentionally, knowingly, or recklessly engages in repeated and
unwanted contact with the other person or a member of that person's immediate
family or household thereby alarming or coercing the other person;
(b) It is objectively reasonable for a person in the victim's situation to be alarmed
or coerced by the contact; and
(3) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of the
victim's family or household.
(2) At the time the petition is filed, the Court, upon a finding of probable cause based on
the allegations in the petition, must enter a temporary Court's stalking protective order
that may include, but is not limited to, all contact defined in Chapter 1, Section 1(F). The
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petition and the temporary order must be served upon the respondent with an order
requiring the respondent to personally appear before the Court to show cause why the
temporary order should not be continued for an indefinite period.
(3) At the hearing, whether or not the respondent appears, the Court may continue the
hearing for up to 30 days or may proceed to enter a Court's stalking protective order and
take other action as provided in Section 7(B). If the respondent fails to appear after being
served, the Court may issue a warrant of arrest in order to ensure the appearance of the
respondent in Court.
(4) The plaintiff may recover:
(a) Both special and general damages, including damages for emotional distress;
(b) Punitive damages; and
(c) Reasonable attorneys' fees and costs.
(5) An action under this section must be commenced within two years of the conduct that
is the basis of the claim.
(6) Proof of the claim must be by a preponderance of the evidence.
(7) The remedy provided by this section is in addition to any other remedy, civil or
criminal, provided by law for the conduct that is the basis of the claim. No filing fee,
service fee, or hearing fee will be charged for a proceeding under this section if a Court's
stalking protective order is the only relief sought.
SECTION 8. Civil Orders for Protection
(A) Jurisdiction. The Dry Creek Rancheria Tribal Court has jurisdiction to hear a cause of action
for an order for protection and issue such an order if either the petitioner or the respondent resides
within the territorial jurisdiction of the Tribal Court, or if the acts and/or transaction giving rise to
the cause of action fall within the Civil Jurisdiction of the Tribal Court.
(B) Eligible Petitioners for Order for Protection.
(1) A person who is subject to the jurisdiction of the Dry Creek Rancheria Tribal Court
and/or who has been a victim of a criminal offense may file a Petition for an Order for
Protection against a perpetrator.
(2) A parent, guardian, or other representative may file a petition for a protective order on
behalf of a minor or dependent person against the perpetrator who commits an act of
violence or dangerous aggression. Minors who are at least 16 years of age or are legally
married or emancipated may seek relief for themselves.
(3) No filing fee, bond, or other payment shall be required from the victim for the filing
of a Petition for an Order for Protection under this Code.
(C) Required Standard Form and Statements for Petiti

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Adry_creek%3A13b8154c6199308e. Public record. Not legal advice.