TITLE IX. CRIMINAL LAWS;
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WAGANAKISING
ODAWA
TRIBAL CODE of LAW
TITLE IX. CRIMINAL LAWS;
LIQUOR CONTROL
2024.2
WAGANAKISING ODAWA TRIBAL CODE of LAW
TABLE OF CONTENTS
TITLE IX. CRIMINAL LAWS; LIQUOR CONTROL .......................................................... 1
Chapter 1. Interim Criminal Code ............................................................................................. 1
9.101
JURISDICTION ................................................................................................... 1
9.102
DEFINITIONS ...................................................................................................... 3
9.103
REQUIREMENTS FOR CONVICTION ........................................................... 4
9.104
9.105
AFFIRMATIVE DEFENSES AND ALIBI ........................................................ 6
COUNSEL ............................................................................................................. 7
9.106
SENTENCING ...................................................................................................... 7
9.107
OFFENSES ............................................................................................................ 9
9.108
EFFECTIVE DATE............................................................................................ 40
Chapter 2. Sex Offense Statute ................................................................................................. 41
9.202
PURPOSE ............................................................................................................ 41
9.203
DEFINITIONS .................................................................................................... 41
9.204
JURISDICTION ................................................................................................. 45
9.205
JUVENILE TRANSFER TO THE ADULT DIVISION OF TRIBAL COURT
............................................................................................................................... 45
9.206
VICTIM’S PAST BEHAVIOR .......................................................................... 45
9.207
DEFENSES TO PROSECUTION ..................................................................... 46
9.208
Reserved ................................................................................................................ 47
9.209
STATUTE OF LIMITATIONS ......................................................................... 47
9.210
OFFENSES .......................................................................................................... 47
9.211 through 9.229 Reserved ..................................................................................................... 53
9.230
SEVERABILITY ................................................................................................ 53
9.232
OTHER RELATED STATUTES ...................................................................... 54
Chapter 3. Civil Traffic ............................................................................................................. 55
9.301
SHORT TITLE ................................................................................................... 55
9.302
PURPOSE ............................................................................................................ 55
9.303
CREATION AND AUTHORITY...................................................................... 55
9.304
DEFINITIONS .................................................................................................... 55
9.305
LIABILITY OF OPERATOR, OWNER, LESSEE FOR VIOLATIONS .... 63
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9.306
9.307
9.308
9.309
9.310
9.311
9.312
9.313
ALLOWING UNAUTHORIZED PERSON TO DRIVE ................................ 64
OPERATOR’S LICENSE, REGISTRATION, INSURANCE AND PLATES
............................................................................................................................... 64
PARKING PERMITS FOR PERSONS WITH DISABILITIES ................... 68
VEHICLE LIGHTING AND OTHER EQUIPMENT .................................... 68
BRAKING EQUIPMENT REQUIRED ........................................................... 85
WHEELS AND FRONT SUSPENSION .......................................................... 86
STEERING AND SUSPENSION SYSTEMS .................................................. 87
HORNS, WARNING DEVICES, AND THEFT ALARMS ............................ 88
9.314
9.315
MUFFLERS......................................................................................................... 89
MIRRORS ........................................................................................................... 89
9.316
WINDSHIELDS REQUIRED, UNOBSTRUCTED AND EQUIPPED WITH
WIPERS ............................................................................................................... 90
TIRES, PNEUMATIC AND RE-GROOVED .................................................. 91
SUN-SCREENING OR COLORING OF WINDOWS ................................... 93
DISABLED VEHICLE - DISPLAY OF WARNING DEVICES ................... 94
VEHICLES TRANSPORTING EXPLOSIVES .............................................. 96
FUEL SYSTEM .................................................................................................. 97
VEHICLE WITH ALTERNATIVE FUEL SOURCE .................................... 97
9.317
9.318
9.319
9.320
9.321
9.322
9.323
9.324
9.325.
9.326
9.327
9.328
9.329
9.330
9.331
9.332
9.333
TELEVISION VIEWERS - EARPHONES ..................................................... 98
SAFETY LOAD CHAINS AND DEVICES REQUIRED ............................... 98
FENDERS OR SPLASH APRONS ................................................................... 99
SEAT BELTS AND SHOULDER HARNESSES ............................................ 99
BUMPERS AND BODY HARDWARE.......................................................... 100
ODOMETERS................................................................................................... 100
MOTORCYCLES AND MOTOR-DRIVEN CYCLES - HEAD LAMPS ........
............................................................................................................................. 102
MOTOR-DRIVEN CYCLES TAIL LAMPS, REFLECTORS, AND STOP
LAMPS............................................................................................................... 103
MOTORCYCLES AND MOTOR-DRIVEN CYCLES - BRAKE
REQUIREMENTS ............................................................................................ 104
MOTORCYCLES, MOTOR-DRIVEN CYCLES, OR MOPEDS
EQUIPMENT .................................................................................................... 105
MOTORCYCLES’ EXHAUST SYSTEM...................................................... 106
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9.334
9.339
9.340
MOTORCYCLES AND MOTOR-DRIVEN CYCLES ADDITIONAL
REQUIREMENTS AND LIMITATIONS ..................................................... 106
COLLISIONS.................................................................................................... 106
TOWING AND IMPOUNDMENT ................................................................. 109
APPLYING RULES OF THE ROAD-WAY ................................................. 116
OBEDIENCE TO POLICE OFFICERS, FLAGMEN, OR FIRE
FIGHTERS ...................................................................................................... 118
TRAFFIC SIGNS, SIGNALS, AND MARKINGS .................................... 118
INTERFERENCE WITH OFFICIAL TRAFFIC-CONTROL
9.341
DEVICES SIGNS OR SIGNALS ............................................................... 119
DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
9.335
9.336
9.337
9.338
9.342
9.343
9.344
9.345
9.346
9.347
9.348
9.349
9.350
9.351
9.352
9.353
9.354
9.355
9.356
9.357
9.358
PASSING AND USE OF ROADWAY ........................................................ 120
FOLLOWING TOO CLOSELY .................................................................. 123
YIELDING ....................................................................................................... 124
STOP OR STOPPING .................................................................................. 125
OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED
EMERGENCY VEHICLES ........................................................................ 126
HIGHWAY CONSTRUCTION AND MAINTENANCE ................... 126
TRANSIT VEHICLES ................................................................................. 127
PEDESTRIANS' RIGHTS AND DUTIES .............................................. 127
TURNING AND STARTING AND SIGNALS ON STOPPING AND
TURNING ........................................................................................................ 130
SPECIAL STOPS .......................................................................................... 133
SPEED RESTRICTIONS ............................................................................ 134
ALCOHOL ....................................................................................................... 137
OPERATING MOTOR VEHICLE IN A NEGLIGENT MANNER .....
............................................................................................................................. 138
ROADWAY CONSTRUCTION ZONES ................................................ 139
RACING OF VEHICLES ON HIGHWAYS AND RECKLESS
DRIVING ......................................................................................................... 139
STOPPING, STANDING, AND PARKING ............................................... 140
UNATTENDED MOTOR VEHICLE AND REMOVAL FROM
HIGHWAY ...................................................................................................... 143
LIMITATIONS ON BACKING ................................................................ 143
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WOTCL TITLE IX. CRIMINAL LAWS; LIQUOR CONTROL last codified through March 1, 2024 – See Register
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9.359
9.360
9.361
9.362
9.363
9.365
DRIVING ON SIDEWALK PROHIBITED ........................................... 143
OPERATING MOTORCYCLES ON ROADWAYS ........................... 144
RIDING ON MOTORCYCLES ................................................................ 144
MOTORCYCLES ADDITIONAL VIOLATIONS ............................... 145
THROWING DANGEROUS MATERIALS ON HIGHWAY
PROHIBITED ................................................................................................ 145
DROPPING LOAD, OTHER MATERIALS AND REQUIREMENTS
............................................................................................................................. 146
MOTOR VEHICLE ADDITIONAL VIOLATIONS ........................... 147
9.366
9.367
CHILD RESTRICTIONS AND REQUIRMENTS ............................... 148
SAFETY BELTS, USE REQUIRED ........................................................ 149
9.368
9.369
9.370
9.371
MOPEDS GENERAL REQUIREMENTS AND OPERATION ....... 151
WHEELCHAIR CONVEYANCES .......................................................... 151
OPERATION OF NON-MOTORIZED VEHICLES ........................... 152
AUTHORITY FOR ISSUANCE OF A TRAFFIC VIOLATION CITATION
............................................................................................................................. 154
TRIBAL COURT JURISDICTION ................................................................ 154
DETERMINATION OF A TRAFFIC VIOLATION .................................... 155
RESPONSE TO NOTICE, CONTESTING DETERMINATION, HEARING
9.364
9.372
9.373
9.374
9.375
9.376
9.377
9.378
9.379
9.380
AND FAILURE TO RESPOND OR APPEAR .............................................. 156
HEARINGS, RULES OF PROCEDURE AND COUNSEL ......................... 157
HEARINGS FOR CONTESTING DETERMINATION OF VIOLATION 157
HEARINGS FOR EXPLANATION OF MITIGATING CIRCUMSTANCES
............................................................................................................................. 158
MONETARY PENALTIES ............................................................................. 158
ORDER OF COURT, CIVIL NATURE ......................................................... 159
PRESUMPTION REGARDING STOPPED, STANDING, OR PARKED
VEHICLES ........................................................................................................ 160
9.381
ATTORNEY FEES ........................................................................................... 160
9.382.
CITATION RETENTION REQUIREMENTS ............................................. 160
9.383
SAVINGS CLAUSE.......................................................................................... 161
9.384
EFFECTIVE DATE.......................................................................................... 161
Chapter 4. Check, Draft or Order for Payment of Money .................................................. 162
9.401
PURPOSE .......................................................................................................... 162
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9.402
9.403
9.404
DEFINITIONS .................................................................................................. 162
APPLICABILITY ............................................................................................. 162
CHECK, DRAFT, OR ORDER FOR PAYMENT OF MONEY; MAKING,
DRAWING, UTTERING, OR DELIVERING WITHOUT SUFFICIENT
FUNDS WITH INTENT TO DEFRAUD; VIOLATION, PENALTIES ..... 163
9.405
SAVINGS CLAUSE.......................................................................................... 165
9.406
EFFECTIVE DATE.......................................................................................... 166
Chapter 5. Felony Defined ...................................................................................................... 167
9.501
PURPOSE .......................................................................................................... 167
9.502
9.503
DEFINITIONS .................................................................................................. 167
CONSTITUTION MANDATE TO DEFINE A FELONY ........................... 167
9.504
SEVERABILITY .............................................................................................. 168
9.505
EFFECTIVE DATE.......................................................................................... 168
Chapter 6. Victims’ Rights ....................................................................................................... 169
9.601
SHORT TITLE ................................................................................................. 169
9.602
PURPOSE .......................................................................................................... 169
9.603
JURISDICTION ............................................................................................... 169
9.604
DEFINITIONS .................................................................................................. 169
9.605
RIGHTS OF CRIME VICTIMS ..................................................................... 170
9.606
SEVERABILITY .............................................................................................. 178
9.607
EFFECTIVE DATE.......................................................................................... 178
Chapter 7. Special Jurisdiction Over Domestic Violence and Related Crimes................... 180
9.701
PURPOSE .......................................................................................................... 180
9.702
DEFINITIONS .................................................................................................. 180
9.703
JURISDICTION ............................................................................................... 182
9.704
DUE PROCESS................................................................................................. 182
9.705.
JUDGE, COUNSEL AND JURY REQUIREMENTS .................................. 185
9.706
COVERED CRIMES........................................................................................ 186
9.707
PENALTIES ...................................................................................................... 190
9.708
DUTIES OF LAW ENFORCEMENT ............................................................ 191
9.709
DUTIES OF PROSECUTOR .......................................................................... 193
9.710
SEVERABILITY .............................................................................................. 194
9.711
EFFECTIVE DATE.......................................................................................... 194
Chapter 8. Sex Offender Registration and Notification ....................................................... 195
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WOTCL TITLE IX. CRIMINAL LAWS; LIQUOR CONTROL last codified through March 1, 2024 – See Register
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9.801
9.802
9.803
9.804
9.805
9.806
9.807
9.808
SHORT TITLE ................................................................................................. 195
PURPOSE .......................................................................................................... 195
DEFINITIONS .................................................................................................. 195
NOTIFICATION AND REGISTRATION REQUIREMENTS ................... 197
OFFENSES REQUIRING REGISTRATION ............................................... 199
LEVELS OF RISK TO THE COMMUNITY ................................................ 202
REDUCTION IN REGISTRATION PERIODS ............................................ 207
RELEASE OF INFORMATION, COMMUNITY NOTIFICATION AND
IMMUNITY....................................................................................................... 208
9.809
9.810
SEX OFFENDER REGISTRATION REQUIREMENTS ............................ 209
INITIAL REGISTRATION............................................................................. 215
9.811
9.812
9.813
9.814
9.815
9.816
9.817
9.818
RETROACTIVE CLASSES OF OFFENDERS ............................................ 216
UPDATES AND CHANGE OF INFORMATION ........................................ 217
REGISTRY WEBSITE .................................................................................... 218
REQUIRED AND PROHIBITED INFORMATION .................................... 219
FAILURE TO APPEAR FOR REGISTRATION AND ABSCONDING ... 220
VIOLATIONS AND PENALTIES.................................................................. 222
IMPLEMENTATION ...................................................................................... 223
SEVERABILITY .............................................................................................. 223
9.819
EFFECTIVE DATE.......................................................................................... 223
Chapter 9. Liquor and Tobacco License Violations Statute ................................................. 224
9.901
SHORT TITLE ................................................................................................. 224
9.902
PURPOSE .......................................................................................................... 224
9.903
AUTHORITY .................................................................................................... 224
9.904
DEFINITIONS .................................................................................................. 224
9.905
LIQUOR AND TOBACCO LICENSING BOARD ...................................... 226
9.906
LIQUOR VIOLATIONS .................................................................................. 226
9.907
TOBACCO VIOLATIONS .............................................................................. 231
9.908
9.909
9.910
9.911
9.912
9.913
RELIGIOUS FREEDOM ................................................................................ 233
MARKETING ................................................................................................... 234
APPLICATION OF STATE LAW ................................................................. 234
ENFORCEMENT ............................................................................................. 234
SAVINGS CLAUSE.......................................................................................... 234
EFFECTIVE DATE.......................................................................................... 235
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WOTCL TITLE IX. CRIMINAL LAWS; LIQUOR CONTROL last codified through March 1, 2024 – See Register
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Chapter 10. Law Enforcement Department Statute .............................................................. 236
9.1001
SHORT TITLE AND PURPOSE .................................................................... 236
9.1002
PURPOSE .......................................................................................................... 236
9.1003
DEFINITIONS .................................................................................................. 236
9.1004
CREATION OF THE DEPARTMENT.......................................................... 237
9.1005
TRIBAL LAW ENFORCEMENT DIVISION .............................................. 237
9.1006
CRIMINAL INVESTIGATIONS.................................................................... 241
9.1007
SOVEREIGN IMMUNITY.............................................................................. 241
9.1008
SAVINGS CLAUSE.......................................................................................... 241
9.1009
EFFECTIVE DATE.......................................................................................... 241
Chapter 11. Personal Protection Orders and No Contact Orders and Violations of
Protective ....................................................................................................................... 243
9.1101
PURPOSE .......................................................................................................... 243
9.1102
DEFINITIONS .................................................................................................. 243
9.1103
CIVIL JURISDICITON ................................................................................... 245
9.1104
PROTECTION ORDERS ................................................................................ 245
9.1105
HEARINGS ....................................................................................................... 251
9.1106
ARREST FOR VIOLATIONS OF ORDERS ................................................ 251
9.1107
IMMUNITY....................................................................................................... 252
9.1108
9.1109
9.1110
9.1111
9.1112
9.1113
9.1114
9.1115
CONFIDENTIALITY OF PETITIONER’S ADDRESS .............................. 252
MUTUAL PROTECTION ORDERS PROHIBITED ................................... 252
PETITIONER CANNOT VIOLATE THEIR OWN PROTECTION ORDER
............................................................................................................................. 253
TRIBAL REGISTRY FOR PROTECTION ORDERS ................................ 253
DURATION, VIOLATIONS OF PPO, SANCTIONS, HEARING ............. 254
REGULATIONS REQUIRED ........................................................................ 254
SEVERABILITY CLAUSE ............................................................................. 254
EFFECTIVE DATE.......................................................................................... 255
9.1116
OTHER RELATED STATUTES .................................................................... 255
Chapter 12. Medical Marijuana Patient Protection ............................................................. 256
9.1201
SHORT TITLE ................................................................................................. 256
9.1202
PURPOSE .......................................................................................................... 256
9.103
DEFINITIONS .................................................................................................. 256
9.1204
LTBB TRIBAL CODE ..................................................................................... 256
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WOTCL TITLE IX. CRIMINAL LAWS; LIQUOR CONTROL last codified through March 1, 2024 – See Register
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9.1205
RELATION TO CERTAIN PROHIBITIONS OF SMOKING ................... 257
9.1206
REGULATIONS ............................................................................................... 257
9.1207
SEVERABILITY .............................................................................................. 258
9.1208
EFFECTIVE DATE.......................................................................................... 258
Chapter 13. Contempt of Court ............................................................................................... 259
9.1301
SHORT TITLE ................................................................................................. 259
9.1302
PURPOSE .......................................................................................................... 259
9.1303
DEFINITIONS .................................................................................................. 259
9.1304
JURISDICTION ............................................................................................... 260
9.1305
9.1306
CONTEMPT OF COURT ............................................................................... 260
CORPORATION IN CONTEMPT ................................................................ 262
9.1307
PROCEEDINGS FOR CONTEMPT .............................................................. 262
9.1308
UNIFORMITY CLAUSE................................................................................. 266
9.1309
APPEALS .......................................................................................................... 266
9.1310
STATUTE OF LIMITATIONS ....................................................................... 267
9.1311
SAVINGS CLAUSE.......................................................................................... 267
Chapter 14. Human Trafficking Statute ................................................................................. 269
9.1401
SHORT TITLE ................................................................................................. 269
9.1402
PURPOSE .......................................................................................................... 269
9.1403
9.1404
9.1405
9.1406
9.1407
9.1408
9.1409
9.1410
9.1411
DEFINITIONS .................................................................................................. 269
CRIMINAL JURISDICTION ......................................................................... 273
TRAFFICKINGAN INDIVIDUAL ................................................................ 274
FORCED LABOR ............................................................................................ 274
SEXUAL SERVITUDE .................................................................................... 274
PATRONIZING A VICTIM OF SEXUAL SERVITUDE............................ 275
BUSINESS ENTITY LIABILITY ................................................................... 276
AGGRAVATING CIRCUMSTANCE ........................................................... 276
RESTITUTION................................................................................................. 277
9.1412
STATUTE OF LIMITATIONS ....................................................................... 277
9.1413
VICTIM’S PROTECTIONS ........................................................................... 278
9.1414
SEVERABILITY .............................................................................................. 279
9.1415
EFFECTIVE DATE.......................................................................................... 279
9.1416
OTHER RELATED STATUTES .................................................................... 280
Chapter 15. Protection of Employees From Supervisors That Have Committed A Crime of
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Domestic Violence or Sexual Harassment Statute ..................................................... 281
9.1501
PURPOSE .......................................................................................................... 281
9.1502
DEFINITIONS .................................................................................................. 281
9.1503
APPLICATION................................................................................................. 281
9.1504
BACKGROUND CHECKS ............................................................................. 282
9.1505
REGULATIONS ............................................................................................... 282
9.1506
SEVERABILITY .............................................................................................. 282
9.1507
EFFECTIVE DATE.......................................................................................... 283
9.1508
OTHER RELATED STATUTES .................................................................... 283
Chapter 16. Jurisdiction Adjustment Statute ........................................................................ 284
Codification Note: Each Subsections Repealed in Section II. have also been codified in the
9.1601
9.1602
9.1603
9.1604
respective Sections and Subsections of all Chapters located in the WOTCL. .......
............................................................................................................................. 284
PURPOSE .......................................................................................................... 284
JURISDICTIONAL ADJUSTMENT ............................................................. 284
SAVINGS CLAUSE .......................................................................................... 286
EFFECTIVE DATE.......................................................................................... 286
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TITLE IX. CRIMINAL LAWS; LIQUOR CONTROL
Chapter 1. Interim Criminal Code
9.101 JURISDICTION
A.
Definition. The criminal jurisdiction of the Little Traverse Bay Bands of Odawa Indians
(also referred to in this Code as “Bands” and/or “LTBB”) is its power to prohibit certain conduct,
as a matter of public policy, within its territory.
B.
Power Implemented. That power is exercised by enacting this Code and by punishing
people who violate its laws.
C.
Territorial Extent. The criminal jurisdiction of the Little Traverse Bay Bands of Odawa
Indians shall extend to:
1.
all trust land held now or in the future by the United States for the benefit of the
Little Traverse Bay Bands of Odawa Indians; and
2.
the activities of Band members when exercising treaty hunting and fishing rights
wherever such activity occurs.
D.
Persons Under LTBB Criminal Jurisdiction. The criminal jurisdiction of LTBB shall
extend to:
1.
all members of LTBB within the areas described in Section I(C) of this Code;
2.
all other Indians present within the areas described in Section I(C)(1) of this
Code; and
3.
all non-Indians present within the areas described in Section I(C)(1) of this
Code to the maximum extent allowed under federal law. The criminal jurisdiction
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of LTBB shall only extend to adults. However, upon motion of the tribal
prosecutor, the judge may, in his/her discretion, try a minor as an adult.
COMMENTS
LTBB, as a sovereign tribal entity, possesses the power to regulate conduct within its
territory. The criminal jurisdiction of LTBB, its power to prohibit certain conduct within its
territory and to punish those who violate its laws, has been limited by the United States Congress
and the United States Supreme Court in the following ways:
(1)
The Major Crimes Act (MCA), 18 U.S.C. Section 1153, originally enacted by the U.S.
Congress in 1885, gives the federal government jurisdiction over certain enumerated
"major crimes" committed by one Indian against the person or property of another in
Indian country. These crimes Include murder, manslaughter, kidnaping, rape, statutory
rape, involuntary sodomy, assault with intent to commit rape, incest, assault with intent to
commit murder, assault with a deadly weapon, assault resulting in serious bodily injury,
arson, burglary and robbery. The MCA has backfired to a large extent, because many of
these crimes committed in Indian Country now go unpunished. The federal government
has not devoted adequate resources to enforce the MCA, so federal prosecutors are
reluctant to prosecute crimes that fall under the MCA. Indian tribes retain concurrent
jurisdiction over these crimes. These "major crimes" are thus included in this Code to
(2)
(3)
ensure that those who commit major crimes in LTBB territory are not allowed to go
unpunished.
The Indian Civil Rights Act (ICRA): The ICRA, 25 USC Section 1302, was enacted by
Congress in 1968. It makes many of the protections included in the United States
Constitution's Bill of Rights applicable to the conduct of Indian tribes. It also limits the
punishment that an Indian tribe may impose to a one (1) year jail term or to a fine of
$5,000.00, or both.
Non-Indians: Under Oliphant v Suquamish Indian Tribe 435 US 191 (1978), an Indian
tribe cannot try a non-Indian in Tribal Court. This Code, therefore, states that LTBB
criminal jurisdiction shall only be exercised over Band members and other Indians
present within LTBB's territory.
It is no longer debatable that LTBB can exercise jurisdiction over its members when
exercising treaty hunting and fishing rights, regardless of whether such activity occurs
within "Indian Country."
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(Source: WOS 2021-003, April 20, 2021, Section I)
(Source: WOS 2023-012, October 6, 2023, Section I(A-D)
9.102 DEFINITIONS
For purposes of this Criminal Code:
A.
Indian. "Indian" means any person who is either:
1.
a member of the Little Traverse Bay Bands of Odawa Indians;
2.
a member of any federally-recognized Indian tribe, band, or group; or
3.
any person of Indian blood who is generally considered to be an American
Indian by the Little Traverse Bay Bands of Odawa Indians community.
B.
Mental State: Malice. A person acts "maliciously" or "with malice" when that person
consciously formulates a plan to injure the person or property of another and takes steps to
carry out such plan.
C.
Mental State: Intent.
1.
A person acts "intentionally" or "with intent" with respect to conduct when it
is that person's conscious desire to engage in certain conduct.
2.
A person acts "intentionally" with respect to a result when it is that
person's conscious desire that the conduct cause such result.
D.
Mental State: Knowledge. A person acts "knowingly" or "with knowledge"
when that person is aware of his/her actions and the probable consequences of such
actions.
E.
Mental State: Wanton or Reckless. A person acts "wantonly" or "recklessly"
when that person is aware, or should be aware, that certain conduct will endanger the
health, safety, or property of others but persists in engaging in the conduct despite the
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risks.
F.
Mental State: Negligent. A person acts "negligently" or "with neglect" when that
person acts in a manner that endangers the safety or property of others without exercising
the care that a reasonably prudent person would exercise under the same or similar
circumstances.
G.
Minor. A minor is any person under eighteen (18) years of age.
H.
Adult. for Purposes of criminal jurisdiction an adult is any person eighteen (18)
years of age or older.
I.
Motor Vehicle. Motor vehicle means any car, truck, motorcycle, or other motoroperated vehicle.
COMMENTS
This Section of the Code includes definitions of five (5) different mental states. One of
these mental states is an essential element of any given crime.
(Source: WOS 2021-003, April 20, 2021, Section II)
9.103 REQUIREMENTS FOR CONVICTION
A.
Culpability. A person shall not be guilty of an offense unless that person acted
intentionally, maliciously, knowingly, recklessly or negligently as the law requires with respect
to each material element of the offense; provided that any material element of an offense that
does not require a mental state may be established by proving that the person participated in the
prohibited conduct regardless of his/her state of mind.
B.
Proof. No person may be convicted of an offense unless each element of the offense is
proved beyond a reasonable doubt.
C.
Intoxication.
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1.
2.
Intoxication is not a defense unless it negates an element of the offense.
Self-induced intoxication cannot negate the element of recklessness.
D.
Statute of Limitations. No person shall be prosecuted, tried or punished for any criminal
offense unless the prosecution is initiated within one (I) year after both of the following
conditions have been met:
1.
2.
discovery that an offense has been committed, and
discovery of the identity of the person who allegedly committed the offense.
E.
Multiple Counts. When the conduct of a defendant establishes the commission of more
than one offense, the defendant may be prosecuted for each such offense, unless:
1.
one offense consists only of an attempt to commit the other;
2.
inconsistent findings of fact are required to establish commission of the
offenses; or
3.
the offenses differ only in that one prohibits a designated kind of conduct
generally, and the other prohibits a specific instance of such conduct.
COMMENTS
This Section states that a person cannot be guilty of an offense unless that person acted
with the requisite mental state, if a mental state is specified in the offense. For instance, to be
convicted of battery it must be shown that a person intentionally struck another. If a person
inadvertently bumps into another, he/she cannot be convicted of battery, because he/she did not
act with intent.
Section III (B) states that in order to convict a person of an offense, each element must be
proved beyond a reasonable doubt. Beyond a reasonable doubt means more than a mere
likelihood. It means that the evidence as presented makes it virtually impossible for any other
conclusion to be reached. Each element must be proved beyond a reasonable doubt. For instance,
in order to convict a person of improper influence of an official, VII (H)(2), it must be proved
beyond a reasonable doubt that the person (1) threatened harm to a tribal official, and (2) did so
with the intent of influencing such person's official actions.
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Section III (C) makes clear that intoxication in itself is not a viable defense. However,
under certain circumstances it may negate an element of the offense, such as intent or knowledge.
However, self-induced intoxication can never negate the element of recklessness. A person can
act recklessly whether or not that person is aware of what he/she is doing.
(Source: WOS 2021-003, April 20, 2021, Section III)
9.104 AFFIRMATIVE DEFENSES AND ALIBI
A.
Duress. It is an affirmative defense that the defendant, engaged in the conduct charged
to constitute an offense, was coerced against his/her will by the use of, or threatened use of,
unlawful force against his/her person or the person of another. The coercion must be such that a
person of reasonable firmness would be unable to resist.
B.
Protection of Self, Property, or Other Person. The use of reasonable force
toward another person is justified and is an affirmative defense, if and only if:
1.
the force is directed toward one who is using unlawful force, and
2.
the person using such force reasonably believes the use of force is necessary for
his/her protection or that of a third 'person.
3.
The use of reasonable force toward another person is justified and is an
affirmative defense if used to prevent the unlawful entry into the dwelling of the person
asserting the defense or into the dwelling of another or to prevent the unlawful carrying
away of personal property.
C.
Alibi. The defense of alibi, that the accused was somewhere else when the crime
was committed, shall be treated procedurally as an affirmative defense.
D.
Procedures for Raising Affirmative Defenses. The procedures for raising and
pleading affirmative defenses shall be specified by Court Rule.
COMMENTS
An affirmative defense does not negate an element of the crime, but raises additional
circumstances that provide justification for the actions, relieving the defendant of culpability, so
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that he/she in not held criminally liable. For instance, if a person raises an affirmative defense of
duress when being accused of battery, that person does not deny that he/she intentionally struck
another. But that person may state, for example, that he/she was coerced into doing so by threats
of a third person.
Similarly, if a person raises the defense of protection of self, property, or other person, to
a charge of battery, that person is not denying that he/she intentionally struck another. However,
that person is stating that his/her actions were necessary to protect himself/herself or another, and
therefore such actions are justified.
(Source: WOS 2021-003, April 20, 2021, Section IV)
9.105 COUNSEL
A.
Right to Counsel. Any person accused of an offense under this Code may represent
himself before the Tribal Court, or may be represented, at his/her own expense, by a person duly
licensed to practice before the Tribal Court.
B.
Persons Licensed to Practice in LTBB Courts. An Attorney admitted to practice law in
any state may be licensed to practice in LTBB Courts upon:
1.
payment of an annual fee, as specified by Court Rule; provided that the fee may
be waived if the attorney is providing pro bono services;
2.
certification to the Tribal Court that he/she has read the Court Rules; and taking
of an oath to uphold the Constitution and laws of the Little Traverse Bay Bands of
Odawa Indians, maintaining due respect for the Tribal Court, and employing, in his/her
conduct and duties, the highest degree of ethical and moral standards with which the
legal profession is charged. The Tribal Court Rules may also set out a procedure for
licensing non-attorney tribal members to practice before the Tribal Court.
(Source: WOS 2021-003, April 20, 2021, Section V)
9.106 SENTENCING
A.
Sentencing Considerations. The main goals of sentencing are the protection of the
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public, rehabilitation, healing of the harm done, restitution for the victim, appropriate
punishment, and deterrence. The factors the Court should consider in sentencing include the
seriousness of the offense and any resulting injury, the offender’s prior record or lack of prior
record, employment, family and community status and support, desires of the victim, amount of
any restitution, genuine remorse expressed by the offender, and any other factors the Court
deems relevant, consistent with achieving a just and fair sentence. The Court shall consider any
victim impact statement, and also generally favor restitution, community service work and
healing of the harm inflicted over incarceration, but has wide discretion on the appropriate
sentence for any given case.
B.
Types of Sentences. The Court has the following sentence options following a
conviction. A sentence may utilize two (2) or more of the following options, unless the offender
has been sentenced to prison following the enactment of TLOA by the Tribe:
1.
Incarceration in a local jail for not more than one (1) year, depending on the
statutory maximum of the crime for which offender was convicted.
2.
Fines and costs pursuant to statutory requirements.
3.
Placement on probation, with appropriate terms and conditions as set by the
Court.
4.
Prison sentencing. Upon enactment of TLOA by the Tribe, the defendant may be
sentenced to prison, or any correctional facility that meets the requirements of 25 USC
1302, for up to three (3) years. Sentences for multiple felony convictions (sentences over
one (1) year) may be consecutive at the discretion of the Court, but in no case may they
exceed nine (9) years total, pursuant to TLOA - 25 USC 1302.
5.
Delayed/Deferred Sentencing. The Court may adjourn or delay sentencing to give
the defendant an opportunity to complete a rehabilitative program or to prove they
deserve leniency, but only with the agreement of the Prosecutor may the Court reduce or
dismiss charges after a delayed or deferred sentence. The delay may include any
conditions deemed appropriate by the Court.
6.
Consecutive vs concurrent sentencing convictions. In general, concurrent
sentencing is preferred. The Court has the discretion to sentence consecutively for
multiple convictions. Factors which should be considered when considering consecutive
sentencing include: the heinousness of the offenses, the number of past convictions of the
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defendant, the number of victims, the seriousness of physical or psychological injuries or
harm done, whether the defendant was on bond, probation, parole, or the subject of a
protection order or other court order when the new offense(s) was committed, or other
aggravated circumstances.
C.
Victim’s Impact Statement. Prior to sentencing, the Prosecutor shall inform the
victim(s) of their right to submit a written statement to the Court detailing the physical,
material, and emotional damages that they suffered as a result of the offender's actions.
The victim has the right to speak at sentencing whether or not they have submitted a
victim impact statement. The Court shall take into consideration any victim impact
statement at sentencing.
COMMENTS
The Tribal Court Judge has considerable discretion in fashioning an appropriate sentence
for a person convicted of an offense. The maximum jail term and fine is currently one year or
$5,000 or both, unless the Tribal Council enacts TLOA.
(Source: WOS 2021-003, April 20, 2021, Section VI)
9.107 OFFENSES
A.
Contempt of Court and Perjury.
1.
Contempt of Court.
a.
Offense. Intentional and unjustifiable behavior by any person, which
disrupts, obstructs, or otherwise interferes with the conduct of any proceeding of
the Court, or which obstructs, or interferes with the administration of justice by
the Court, including disobedience or resistance to, or interference with, any
lawful summons, subpoena, process, order, rule, term of probation, sentence,
decree, or command of the Court, including failure to appear for a court date,
shall constitute contempt of court.
b.
Contempt Committed in the Presence of the Court. When contempt
of court is committed in the presence of the Court it may be punished summarily
by the Court. In such case, an order shall be made reciting the facts constituting
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the contempt, adjudging the person guilty of contempt, and prescribing the
punishment.
c.
Contempt Committed out of the Presence of the Court. When it
appears to the Court that a contempt has been committed out of the presence of
the Court, the Court may issue a summons to the person so charged directing
him/her to appear at a time and place designated for a hearing on the matter.
d.
Sentence. A person found guilty of contempt of court may be sentenced to
a jail term not to exceed thirty (30) days, or to a fine not to exceed one thousand
dollars ($1,000.00), or to both. In addition, if a person is charged with contempt
for jumping bail, the Court may order forfeiture of the person's bail.
2.
Perjury.
a.
Offense. A person who knowingly gives false testimony is guilty of
perjury.
b.
Offense. A person who attempts to induce, persuade or encourage
someone else to give false testimony, whether or not such testimony occurred, is
guilty of subornation of perjury.
c.
Sentence. The penalty for perjury, or subornation of perjury, is up to
twelve (12) months in jail, and/or a fine of up to five thousand dollars
($5,000.00), unless the enhanced sentencing provisions of TLOA are enacted by
Tribal Council, in which case the penalty would increase to three (3) years if the
crime occurred in any felony case, or any case where the penalty is over one (1)
year in jail.
B.
Scheming and Planning Offenses.
1.
Solicitation.
a.
Offense. A person commits solicitation if, with intent that another person
engages in illegal conduct, he/she code, entreats, induces or otherwise endeavors
to persuade such person to engage in illegal conduct.
b.
Affirmative Defense. It is an affirmative to a charge of solicitation that
the defendant completely renounced his/her criminal intent before commission
of the crime, and made a reasonable attempt to prevent the solicited conduct.
c.
Sentence. A person convicted of solicitation shall be subject to the same
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2.
punishment as that specified in this Code for the completed offense.
Conspiracy.
a.
Offense. A person commits conspiracy if that person agrees with one or
more persons, with intent to promote or facilitate the commission of an offense,
that at least one of them will engage in conduct constituting the offense, and one
of the parties commits an overt act in furtherance of the agreement.
b.
Affirmative Defense. It is an affirmative defense to a charge of
conspiracy that the defendant completely and voluntarily renounced his/her
criminal intent before commission of the crime, and made a reasonable attempt
to prevent the illegal action.
c.
Sentence. A person convicted of conspiracy shall be subject to the same
3.
4.
5.
punishment as that specified in this Code for the completed offense.
Attempt.
a.
Offense. A person commits an attempt, with respect to any of the
enumerated offenses in this Code, if that person, acting with the intent to
commit the offense, takes a substantial step toward the commission of the crime,
and does not retract his/her action, but is foiled by circumstances beyond his/her
control.
b.
Sentence. A person convicted of an attempt shall be subject to the same
punishment as that specified in this Code for the completed offense.
Contributing to the Delinquency of a Minor.
a.
Offense. Any person who aids, abets, or encourages any minor to commit
an act that would be an offense under this Code, if committed by an adult, shall be
guilty of contributing to the delinquency of a minor.
b.
Sentence. A person convicted of contributing to the delinquency of a
minor may be sentenced to a jail term not to exceed sixty (60) days, or to a fine
not to exceed one thousand dollars ($1,000.00) or to both.
Aiding and Abetting.
a.
Offense. A person commits an offense if he/she knowingly aids or abets
another person in the commission or furtherance of a crime.
b.
Sentence. A person found guilty of aiding and abetting will be subject
to the same sentence as provided for the underlying crime.
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COMMENTS
A person cannot be found guilty of aiding and abetting if the principal offender is found
not guilty of the underlying crime.
C.
Offenses Against the Person.
1.
2.
3.
4.
Assault.
a.
Offense. A person commits assault if that person, by any unlawful act,
threat, or menacing conduct, causes another person to reasonably believe that
the other person is in immediate danger of physical harm.
b.
Sentence. A person convicted of assault may be sentenced to a jail term
not to exceed ninety (90) days or to a fine not to exceed one thousand
($1,000.00) or to both.
Assault with a Weapon.
a.
Offense. A person commits assault with a weapon if that person, through
the use, or threatened use, of a weapon, causes another person to reasonably
believe that he/she is in immediate danger of physical harm.
b.
Sentence. A person convicted of assault with a weapon may be sentenced
to a jail term not to exceed one (I) year, or to a fine not to exceed five thousand
dollars ($5,000.00) or to both.
Battery.
a.
Offense. A person who intentionally strikes or offensively touches the
person of another commits the offense of battery.
b.
Sentence. A person convicted of battery may be sentenced to a jail term
not to exceed one (1) year or to a fine not to exceed five thousand dollars
($5,000.00) or to both.
Sexual Assault.
a.
Offense. A person commits sexual assault if that person intentionally or
knowingly engages in sexual penetration or sexual contact with any person
without the consent of that person. Sexual contact means any fondling or
manipulating of any part of the genitals, anus, or female breast.
b.
Sentence. Any person found guilty of sexual assault may be sentenced to
a jail term not to exceed one (1) year or to fine not to exceed five thousand dollars
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5.
6.
7.
($5,000.00) or to both.
Sexual Assault of a Child.
a.
Offense. A person commits sexual assault of a child if he/she intentionally
or knowingly engages in sexual penetration or sexual contact with any person
aged 16 years or younger, regardless of whether he/she has the consent of that
person. Sexual contact means any fondling or manipulating of any part of the
genitals, anus, or female breast.
b.
Sentence. Any person found guilty of sexual assault of a child may be
sentenced to a jail term not to exceed one (1) year or to a fine not to exceed five
thousand dollars ($5,000.00) or both.
Child Sexual Abuse.
a.
Offense. A person commits child sexual abuse if that person engages a
child in sexual activity that the child does not developmentally understand, to
which he or she cannot give informed consent, or that violates the social taboos of
the community. Child Sexual Abuse includes but is not limited to; all forms of
intercourse, oral genital contact, fondling, exhibitionism and child pornography.
b.
Sentence. Any person found guilty of Child Sexual Abuse may be
sentenced to a jail term not to exceed one (1) year or to a fine not to exceed five
thousand dollars ($5,000.00) or to both.
Unlawful Imprisonment.
a.
Offense. A person commits unlawful imprisonment if, without lawful
authority, that person intentionally removes, detains, restrains, or confines the
person of another without his/her consent.
b.
Sentence. A person convicted of unlawful imprisonment may be
sentenced to a jail term not to exceed one (1) year or to a fine not to exceed
five thousand dollars ($5,000.00) or to both.
COMMENTS
The maximum allowable sentence is prescribed for unlawful imprisonment because very
serious transgressions, such as kidnaping, would fall under this offense.
8.
Stalking
a.
Stalking: Any person who engages in stalking is guilty of a crime punishable
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by up to six (6) months in jail and/or a $5,000 fine.
1.
Stalking means a willful course of conduct involving repeated or
continued harassment of another individual, that would cause a reasonable
person to feel terrorized, frightened, intimidated, threatened, harassed or
molested, and that actually causes the victim to feel terrorized, frightened,
intimidated, threatened harassed or molested.
2.
Contact as used in this subsection may include, but is not limited
to: in-person contact, communication or contact through electronic means
regardless of the device used, phone calls, email, social media
applications, text messaging of any kind, standard mail, and/or indirect
contact of the victim through the use of third parties.
3.
Harassment means repeated or continuing unwanted contact that
would cause a reasonable person to feel emotional distress, and in fact
caused the victim to feel emotional distress.
4.
Evidence that the defendant continued the contact or
communication after having been requested by the victim or a
representative of the victim to refrain from any further contact or
communication gives rise to a rebuttable presumption that the continuation
of the course of conduct did cause the victim to feel emotional distress,
harassed, frightened, threatened or intimidated.
5.
If TLOA is enacted by the Tribe, then the term of incarceration for
this offense shall be up to (1) year.
b.
Aggravated Stalking. If any of the acts giving rise to the stalking
behavior involve any of the following aggravating factors, the offense then
constitutes Aggravated Stalking:
1.
The defendant makes threats to kill or cause serious physical harm
to the victim or a member of the victim’s family or household, or to any
pets of the victim;
2.
The defendant was armed with a weapon at the time of the contact;
3.
A Personal Protection Order or other court order, such as a
condition of probation, parole or bond / pretrial release, restraining order
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or injunction, which prohibited contact between the defendant and the
victim was in effect at the time of any of the continued stalking behavior;
4.
Defendant has a prior conviction for stalking;
5.
An actual assault and/or battery occurred, causing any bodily
injury to a victim.
6.
Aggravated Stalking is punishable by up to one (1) year
incarceration and/or a $5,000 fine. If TLOA is enacted by the Tribe, then
this offense shall be punishable by up to three (3) years’ incarceration
and/or a $10,000 fine.
c.
This section does not prohibit a person from being charged with, convicted
of, or punished for any other violation of law committed by that person while
violating or attempting to violate this section.
9.
Strangulation.
a.
A person who assaults another person by strangulation or suffocation is
guilty of a felony punishable by up to one (1) year of incarceration and a fine of
not more than $1,000.
b.
“Strangulation or suffocation” means intentionally impeding normal
breathing or circulation of the blood by applying pressure on the throat or neck or
by blocking the nose or mouth of another person.
c.
This section does not prohibit a person from being charged with, convicted
of, or punished by any other violation of law arising out of the same conduct as
the violation of this section.
d.
Upon enactment of the Tribal Law and Order Act (TLOA) by the Tribe,
this crime will be punishable by up to three (3) years of incarceration and/or a
$5,000 fine.
10.
Interfering with Electronic Communications.
a.
Interfering with Electronic Communications. Any person who
intentionally interferes with, prevents, obstructs or attempts to interfere with,
prevent or obstruct any authorized electronic communication such as a telephone
call, email, text message or any similar type of communication shall be guilty of a
misdemeanor punishable by up to one (1) year incarceration and/or a $1,000 fine.
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b.
This section does not prevent a person from being charged with, convicted
of or punished for any other violation of law committed by that person while
violating or attempting to violate this section.
D.
Weapons and Explosives.
1.
Carrying of a Deadly Weapon without a License.
a.
Offense. A person who carries a deadly weapon without being licensed to
do so by LTBB or by the State of Michigan commits an offense.
b.
Sentence. A person convicted of unlawful carrying of a deadly weapon
without a license may be sentenced to a jail term not to exceed sixty (60) days or
to a fine not to exceed one thousand dollars ($1,000.00) or to both. The judge
2.
b.
3.
may also order that the weapon be impounded.
Unlawful Use of a Weapon.
a.
Offense. A person commits unlawful use of a weapon if that person:
i.
discharges a firearm in the proximity of a building or vehicle so as
to knowingly or recklessly endanger a person or property;
ii.
carries a firearm while intoxicated;
iii.
handles or uses a firearm or other weapon so as to knowingly or
recklessly endanger the safety of another; or
iv.
carries a firearm or other weapon with unlawful intent.
Sentence. A person convicted of unlawful use of a weapon may be sentenced to a
jail term not to exceed one hundred eighty (180) days or to a fine not to exceed
two thousand dollars ($2,000.00) or to both. The judge may also order that the
weapon be impounded.
Dangerous Use of Explosives.
a.
Offense. A person commits dangerous use of explosives if, with intent to
injure, intimidate or terrify another, or to damage another's property, that person
maliciously explodes, attempts to explode or places any explosive anywhere
within the territorial jurisdiction of the Little Traverse Bay Bands of Odawa
Indians.
b.
Sentence. A person convicted of dangerous use of explosives may be
sentenced to a jail term not to exceed one (1) year or to pay a fine not to
exceed five thousand dollars ($5,000.00) or to both.
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4.
E.
c.
In addition to, or in lieu of, the punishments set out above, the Court may
order the offender to repair any property damaged by his/her actions or to pay the
costs of such repairs to the injured party.
Negligent Use of Explosives.
a.
Offense. A person commits negligent use of explosives if that person
negligently explodes, attempts to explode or places any explosive in such a
manner as to result in injury to another or to the property of another, or by such
action that increases the probability of such injury.
b.
Sentence. A person convicted of negligent use of explosives may be
sentenced to a jail term not to exceed ninety (90) days or to a fine not to exceed
three thousand dollars ($3,000.00) or to both.
c.
In addition to, or in lieu of, the punishments set out above, the Court may
order the offender to repair any property damaged by his/her actions or to pay the
costs of such repairs to the injured party.
Theft and Related Crimes.
1.
Theft of Property.
a.
Offense. A person commits theft of property if, without lawful authority,
that person intentionally or knowingly:
i.
controls property of another with the intent to permanently
deprive the owner, or person in lawful possession, of such property;
ii.
obtains property of another by means of any material
misrepresentation with intent to permanently deprive the owner, or
person in lawful possession, of such property, or
iii.
comes into control of lost, mislaid or incorrectly delivered
property under circumstances providing means of inquiry as to the true
owner and appropriates such property to himself/herself without making
reasonable efforts to notify the true owner.
b.
Sentence. A person convicted of theft of property may be sentenced to a
jail term not to exceed one hundred eighty (180) days or to a fine not to exceed
five thousand dollars ($5,000.00) or to both.
c.
Return of Property. When a person is convicted of a theft, the Court
shall confiscate the stolen property and return it to its rightful owner. If the
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2.
3.
property has been lost or destroyed, the Court may require the offender to
compensate the rightful owner for the value of the stolen property in addition to,
or in lieu of, the sentence set out above.
Robbery.
a.
Offense. A person commits robbery if that person threatens another with
bodily harm, through the use of force or a weapon, in order to obtain property
that is in the lawful custody of the person being threatened.
b.
Sentence. A person convicted of robbery may be sentenced to a jail term
not to exceed one (1) year or to pay a fine not to exceed five thousand dollars
($5,000.00) or to both.
Theft of Services.
a.
Offense. A person commits theft of services if, without lawful authority,
that person obtains services which are available only for compensation with the
intent of avoiding payment for such services.
b.
Sentence. A person convicted of theft of services may be sentenced to
a jail term not to exceed ninety (90) days or to a fine not to exceed two
thousand dollars ($2,000.00) or to both.
c.
Payment for Services. The Court may require the offender to
compensate the victim for the services wrongfully obtained in addition to, or in
4.
5.
lieu of, the sentence set out above.
Unauthorized Use of a Vehicle.
a.
Offense. A person commits an offense if that person intentionally or
knowingly operates, or tampers with, another's automobile, motorcycle,
motorboat or other motor-operated vehicle, without the consent of the owner.
b.
Sentence. A person convicted of unauthorized use of a vehicle may be
sentenced to a jail term not to exceed sixty (60) days or to a fine not to exceed
one thousand dollars ($1,000.00) or to both.
Receiving Stolen Property.
a.
Offense. A person commits an offense if that person purchases, receives,
conceals, or aids in concealing any property of another knowing, or having reason
to know, that such property was obtained by theft or any other means declared by
law to be unlawful.
b.
Sentence. A person convicted of receiving stolen property may be
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sentenced to a jail term not to exceed one hundred eighty (180) days or to pay
a fine not to exceed five thousand dollars ($5,000.00) or to both.
F.
Burglary and Arson.
1.
Burglary.
a.
Offense. A person commits burglary if that person enters into a building,
boat, or motor vehicle belonging to another with the intent of committing an
offense therein.
b.
Sentence. A person convicted of burglary may be sentenced to a jail term
not to exceed one hundred eighty (180) days or to a fine not to exceed one
thousand dollars ($1,000.00) or to both.
2.
G.
Arson.
a.
Offense. A person commits arson if that person knowingly sets fire to the
building or property of another, or sets fire to his/her own property with the intent
of collecting insurance benefits, or with the intent of negatively impacting a
family member or any person who has a rightful interest in the property.
b.
Sentence. A person convicted of arson may be sentenced to a jail term not
to exceed one (1) year or to pay a fine not to exceed five thousand dollars
($5,000.00) or to both.
Forgery and Related Crimes.
1.
Forgery.
a.
Offense. A person commits forgery if, with intent to defraud, that person:
i.
falsely makes, completes, or alters a written instrument; or
ii.
offers or presents a forged instrument knowing such instrument to
be forged.
b.
Sentence. A person who is convicted of forgery may be sentenced to a jail term
not to exceed one hundred eighty (180) days or to a fine not to exceed five
2.
thousand dollars ($5,000.00) or to both.
Obtaining a Signature by Deception.
a.
Offense. A person commits an offense if, with intent to defraud, that
person obtains the signature of another person on a written instrument by
knowingly misrepresenting or omitting any material fact relevant to the
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instrument or transaction.
b.
Sentence. A person who is convicted of obtaining a signature by
deception may be sentenced to a jail term not to exceed one hundred eighty (180)
days or to a fine not to exceed four thousand dollars ($4,000.00) or to both.
Criminal Impersonation.
a.
Offense. A person commits criminal impersonation if that person:
i.
assumes a false identity with the intent to defraud another, or
ii.
pretends to be a representative of some person or organization with
the intent to defraud.
b.
Sentence. A person who is convicted of criminal impersonation may
be sentenced to a jail term not to exceed one hundred eighty (180) days or to a
fine not to exceed five thousand dollars ($5,000.00) or to both.
H.
Bribery and Related Crimes.
1.
Bribery of Officials.
a.
Offense. A person commits the offense of bribery if that person:
i.
offers, confers, or agrees to confer any benefit upon a tribal
official, judge or employee with the intention of influencing such person's
vote, opinion, judgement, exercise of discretion or other action in his/her
2.
official capacity, or
ii.
as a tribal official, judge, or employee solicits, accepts, or agrees to
accept any benefit upon an agreement or understanding that his/her official
actions may be thereby influenced.
b.
Sentence. A person convicted of bribery may be sentenced to a jail term
not to exceed one hundred eighty (180) days or to a fine not to exceed five
thousand dollars ($5,000.00) or to both.
Improper Influence of Official.
a.
Offense. A person commits improper influence of an official if that person
threatens harm to any tribal official, judge or employee with the intent of
influencing such person's official actions.
b.
Sentence. A person convicted of improper influence of an official may be
sentenced to a jail term not to exceed one hundred eighty (180) days or to a fine
not to exceed five thousand dollars ($5,000.00) or to both.
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Abuse of Office.
a.
Offense. A person commits abuse of office if that person acts or purports
to act in an official capacity and:
i.
subjects another to arrest, detention, search or seizure without just
and lawful cause, or
ii.
maliciously denies or impedes another in the exercise or enjoyment
of any right, privilege, power or immunity.
b.
Sentence. A person convicted of abuse of office may be sentenced to a jail
term not to exceed ninety (90) days or to a fine not to exceed three thousand
dollars ($3,000.00) or to both.
I.
Obstruction of Tribal Administration.
1.
Resisting or Obstructing an Officer of the Little Traverse Bay Bands of
Odawa Indians or any Other Law enforcement Officer.
a.
Offense. A person commits an offense if that person intentionally or
knowingly assaults, batters, injures, opposes, interferes with, obstructs, impairs,
hinders, or attempts to commit any of the preceding against.
i.
Any officer of the Little Traverse Bay Bands of Odawa Indians in
the lawful exercise of his/her duties;
ii.
Any duly authorized person serving or attempting to serve or
execute process under any rule or order of the courts of the Little Traverse
Bay Bands of Odawa Indians;
iii.
Any judge or other court personnel of the Little Traverse Bay
Bands of Odawa Indians, in the lawful exercise of his/her duties; or
iv.
Any other law enforcement official in the lawful exercise of his/her
duties.
b.
Sentence. A person convicted of obstruction of tribal administration may
be sentenced to a jail term not to exceed one year or to a fine not to exceed five
thousand dollars ($5,000.00) or to both. If the Tribe enacts TLOA and the
defendant injured the victim, the defendant may be sentenced to up to two (2)
years’ incarceration and/or a $5,000 fine; if the defendant seriously injured the
victim, the defendant may be sentenced to up to three (3) years’ incarceration
and/or a $10,000 fine. “Seriously injured” means an injury requiring immediate
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2.
3.
4.
medical treatment, whether or not that treatment actually occurs, or which causes
serious harm to, or substantially impairs the health or normal functioning of a part
of the body.
Escape from Lawful Custody.
a.
Offense. A person commits the offense of escape from lawful custody if
that person escapes or attempts to escape from lawful custody or confinement.
b.
Sentence. A person convicted of escape from lawful custody may be
sentenced to a jail term not to exceed one hundred eighty (180) days or to a
fine not to exceed five thousand dollars ($5,000.00) or to both.
Helping a Person to Escape from Lawful Custody.
a.
Offense. A person commits an offense if that person helps or attempts to
help a person escape from lawful custody or confinement.
b.
Sentence. A person convicted of helping a person to escape from lawful
custody may be sentenced to a jail term not to exceed one hundred eighty (180)
days or a fine not to exceed five thousand dollars ($5,000.00) or to both.
Tampering with a Public Record.
a.
Offense. A person commits tampering with a public record if that person
intentionally or knowingly and without proper authority:
i.
makes or completes a written instrument which purports to be a
public record or true copy thereof or alters a written instrument which is a
public record or true copy thereof;
ii.
presents or uses a written instrument which is or purports to be a
public record or a copy thereof, knowing that it has been falsely made,
completed, or altered, with intent that it be taken as genuine;
iii.
offers for recording, registration or filing in a tribal office or
agency a written statement knowing that it has been falsely made,
completed or altered or that it contains a false statement or information; or
iv.
knowingly destroys, conceals, removes or otherwise impairs the
availability of any public record.
b.
Public records mean all official books, papers, written instruments or
records created, issued, received or kept by any tribal office, branch or division.
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5.
6.
c.
Sentence. A person convicted of tampering with a public record may be
sentenced to a jail term not to exceed two hundred seventy (270) days or to a fine
not to exceed five thousand dollars ($5,000.00) or to both.
Malicious Criminal Prosecution.
a.
Offense. A person commits malicious criminal prosecution if that person
maliciously causes or attempts to cause a criminal charge to be prosecuted against
an innocent person, knowing such person to be innocent.
b.
Sentence. A person convicted of malicious criminal prosecution may be
sentenced to a jail term not to exceed one hundred eighty (180) days or to a fine
not to exceed five thousand dollars ($5,000.00) or to both.
Interfering with an Election.
a.
Offense. A person commits an offense if that person, during the course of
election held by the Little Traverse Bay Bands of Odawa Indians, knowingly:
i.
attempts to influence the vote of any person or prevent a person
from voting through the use or threatened use of force or violence; or
ii.
attempts to cast more than one (1) vote in an election, or in any
way interferes with the collection and counting of ballots.
b.
Sentence. A person convicted of interfering with an election may be
sentenced to a jail term not to exceed two hundred seventy (270) days or to a fine
not to exceed five thousand dollars ($5,000.00) or to both.
J.
Criminal Damage to Property and Trespass.
1.
Vandalism.
a.
Offense. A person commits the offense of vandalism if that person
intentionally or recklessly:
i.
defaces or damages the personal or real property of another
person; or
ii.
defaces or damages the real property of the Little Traverse Bay
Bands of Odawa Indians.
b.
Sentence. A person convicted of vandalism may be sentenced to a jail
term not to exceed one hundred eighty (180) days or to a fine not to exceed five
thousand dollars ($5,000.00) or to both.
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2.
c.
Restitution. The judge may, in addition to, or-in lieu of, the punishments
set out above, order the offender to pay the owner the repair or replacement costs
of the damaged property or to perform work for the owner equal to the value of
the damaged property.
Littering.
a.
Offense. A person commits the offense of littering if that person throws,
places, drops or disposes of any litter in a place which is not a lawful waste
disposal site or receptacle for the disposal of litter.
b.
Sentence. A person convicted of littering may be sentenced to a jail term
not to exceed thirty (30) days or a fine not to exceed five hundred dollars
($500.00) or to both.
3.
4.
c.
The judge may, in addition to, or in lieu of, the punishments set out above,
order the offender to pick up litter within tribal land, as community service, for a
time not to exceed eighty (80) hours.
Dumping of Hazardous Material.
a.
Offense. A person commits an offense if that person throws, places, drops
or disposes of any hazardous material in a place which is not a lawful disposal site
for such materials.
b.
Sentence. A person convicted of dumping hazardous materials may be
sentenced to a jail term not to exceed one (1) year or a fine not to exceed five
thousand dollars ($5,000.00) or to both. In addition, the Court may order the
person to remove the materials that have been dumped or to pay for the cost of
such removal.
Trespass.
a.
Offense. A person commits the offense of trespass if that person
knowingly enters the property or dwelling of another with reason to know that the
owner would not permit him/her to do so, or refuses to depart when requested to
do so, or enters upon Tribal properties and refuses to depart when requested to do
so by an officer or employee of the Little Traverse Bay Bands of Odawa Indians.
b.
Sentence. A person convicted of trespass may be sentenced to a jail term
not to exceed ninety (90) days or to a fine not to exceed two thousand dollars
($2,000.00) or to both.
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K.
Offenses Against the Family.
1.
Court's Jurisdiction Expanded.
The court, in its discretion, may order the victim(s) or others touched by any of the
offenses enumerated in this Section to undergo appropriate treatments or participate in
appropriate rehabilitative program(s).
a.
The Court, to protect children who are victims of crimes against the family
or who are affected by crimes against the family, may:
i.
find probable cause to believe that the children are minors-in-needof-care and begin appropriate proceedings by entering a protective warrant
pursuant to the Children's Code; or
ii.
schedule an adjudicatory hearing, pursuant to the Children's
2.
3.
Code, to determine whether the children are minors-in-need-of-care.
b.
In cases of abuse, the Tribal Court shall have the option of ordering the
abuser(s) to vacate the residence and allowing the children to remain in the
residence, under the supervision of the Court or its designee.
Abandonment of a Child.
a.
Offense. A parent, guardian or other person having legal custody of a
child commits abandonment of a child if he/she intentionally or knowingly
abandons a child under seventeen (17) years of age.
b.
Sentence. A person convicted of abandonment of child may be sentenced
to a jail term not to exceed one hundred eighty (180) days or to pay a fine not to
exceed three thousand dollars ($3,000.00) or to both.
c.
The judge may order the offender to undergo an appropriate rehabilitative
program, in lieu of, or in addition to, the sentence set out above, if it appears from
the totality of the circumstances that rehabilitative services could help the
offender become a responsible parent.
Failure to Support a Dependent.
a.
Offense. A person commits an offense if that person knowingly and
persistently fails to provide food, shelter, clothing, medical attention, financial
support or other necessary care which he/she is capable of providing to his/her
child or other dependent.
b.
Sentence. A person convicted of failure to support a dependent may be
sentenced to a jail term not to exceed ninety (90) days or to a fine not to exceed one
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4.
thousand dollars ($1,000.00) or to both.
c.
The judge may order the offender to undergo an appropriate rehabilitative
program, in lieu of or in addition to, the sentence set out above, if it appears from
the totality of the circumstances that rehabilitative services could help the
offender become a responsible parent.
Sexual Conduct with a Foster Child or Stepchild.
a.
Offense. A person commits an offense if that person knowingly engages in
sexual penetration or contact with his/her foster child or stepchild who is under
seventeen (17) years of age. Sexual contact means any fondling or manipulating of
any part of the genitals, anus, or female breast.
b.
Sentence. A person convicted of sexual conduct with a foster child or
5.
6.
7.
stepchild may be sentenced. to a jail term not to exceed one (I) year or to a fine
not to exceed five thousand dollars ($5,000.00) or to both.
Incest.
a.
Offense. A person commits incest if that person knowingly engages in
sexual penetration or contact with another who is a member of such person's
immediate family. Sexual contact means any fondling or manipulating of any part
of the genitals, anus or female breast. For purposes of this Section immediate
family means mother, father, son, daughter, brother or sister.
b.
Sentence. A person who commits incest may be sentenced to a jail term
not to exceed one (1) year or to pay a fine not to exceed five thousand dollars
($5,000.00) or to both.
Child Abuse.
a.
Offense. A person commits the offense of child abuse if that person
intentionally, knowingly or recklessly causes physical injury to a child in his/her
care or custody.
b.
Sentence. A person who commits child abuse may be sentenced to a jail
term not to exceed one (1) year or to a fine not to exceed five thousand dollars
($5,000.00) or to both.
Spouse Abuse.
a.
Offense. A person commits an offense if that person intentionally,
knowingly or recklessly causes physical injury to his/her spouse.
b.
The term spouse for this offense shall include:
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i.
a husband or wife,
ii.
either member of a couple living together, and
iii.
either parent of a child.
c.
Sentence. A person who commits spouse abuse may be sentenced to a
jail term not to exceed one (1) year or to a fine not to exceed five thousand
dollars ($5,000.00) or to both.
COMMENTS
In keeping with Section III (E) a person should not be prosecuted for both an offense
under this Section and for sexual assault, VII (C) (4), because sexual conduct with a foster child
or stepchild and incest are specific types of sexual assaults.
Also, a person should not be prosecuted for both child abuse and battery, or spouse abuse
and battery, because these are specific types of battery. A person who abuses a child, not in
his/her care or custody, should be prosecuted for battery.
L.
Riot and Related Offenses.
1.
Riot.
a.
Offense. A person commits riot if, with five or more other persons acting
together, that person intentionally, knowingly or recklessly uses force or violence,
2.
or threatens to use force or violence, which disturbs the public peace.
b.
Sentence. A person convicted of riot may be sentenced to a jail term not
to exceed one hundred eighty (180) days or to a fine not to exceed four thousand
dollars ($4,000.00) or to both.
Disorderly Conduct.
a.
Offense. A person commits disorderly conduct if that person
intentionally, knowingly or recklessly:
i.
engages in fighting, or provokes a fight;
ii.
makes any protracted commotion which prevents the transaction of
the business of a lawful meeting, gathering or procession; makes loud and
unreasonable noise; or
iii.
engages in the consumption of alcohol out of doors with two or
more persons without a tribal permit.
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3.
b.
Sentence. A person convicted of disorderly conduct may be sentenced
to a jail term not to sixty (60) days or to a fine not to exceed one thousand
dollars ($1,000.00) or to both.
Obstructing a Highway or Other Public Thoroughfare.
a.
Offense. A person commits an offense if that person intentionally,
knowingly or recklessly interferes, having no legal privilege to do so, with the use
of any highway or public thoroughfare by creating an unreasonable inconvenience
or hazard.
b.
Sentence. A person who is convicted of obstructing a highway or other
public thoroughfare may be sentenced to a jail term not to exceed sixty (60) days
or to a fine not to exceed one thousand dollars ($1,000.00) or to both.
4.
5.
6.
Creating False Alarm.
a.
Offense. A person commits an offense if that person reports a bombing,
fire, crime or other emergency knowing such report to be false or baseless and
knowing that it will cause action by an official or voluntary agency organized to
deal with emergencies;
i.
it will place a person in fear or imminent serious bodily injury; or
ii.
it will prevent or interrupt the occupation of any building, room,
place of assembly or other public place.
b.
Sentence. A person convicted of creating false alarm may be sentenced to
a jail term not to exceed ninety (90) days or to a fine not to exceed two thousand
dollars ($2,000.00) or to both.
Public Intoxication.
a.
Offense. A person commits public intoxication if that person appears in
public in an inebriated state to the degree that he/she is unable to care for his/her
own safety or is creating a public nuisance.
b.
Sentence. A person convicted of public intoxication may be sentenced to a
jail term not to exceed thirty (30) days or to a fine not to exceed five hundred
dollars ($500.00) or to both.
c.
The judge may, in addition to or in lieu of, the punishments set out above,
order the offender to participate in an alcohol treatment program.
Curfew.
a.
Offense. All minors must adhere to a curfew of 11:00 p.m. It shall be
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7.
unlawful for any minor to appear in public after curfew. Furthermore, it shall
be unlawful for anyone to allow a minor to violate the tribal curfew.
b.
Sentence. A person who is found guilty of a curfew violation may
be sentenced to a jail term not to exceed thirty (30) days or to pay a fine not
to exceed five hundred dollars ($500.00) or to both.
Truancy.
a.
Offense. It shall be unlawful for any minor under the age of sixteen (16)
to be absent from school without proper permission or excuse. Furthermore, it
shall be unlawful for any person to allow any minor under the age of sixteen (16)
to be absent from school without proper permission or excuse.
b.
Sentence. Any person found guilty of truancy may be sentenced in
the Court's discretion to ensure regular school attendance.
M.
Traffic Offenses.
1.
Reckless Driving.
a.
Offense. A person commits reckless driving if that person operates a
motor vehicle in a manner that he/she knows or should know, endangers the
safety or property of others, including, but not limited to, driving on the wrong
side of the street, weaving, or driving at a speed in excess of that which is prudent
2.
under the conditions.
b.
Sentence. A person convicted of reckless driving may be sentenced to a
jail term not to exceed ninety (90) days or a fine not to exceed two thousand
dollars ($2,000.00) or to both.
Driving While Under the Influence of Intoxicating Liquor or Other Drug.
a.
Offense. A person commits an offense if that person operates a motor
vehicle within the territorial jurisdiction of the Little Traverse Bay Bands of
Odawa Indians while under the influence of alcohol or other drugs.
b.
Sentence. A person convicted of driving while under the influence of
intoxicating liquor or other drugs may be sentenced to a jail term not to exceed
one hundred eighty (180) days or to a fine not to exceed five thousand dollars
($5,000.00) or to both.
c.
Order for Treatment. The judge may, in addition to, or in lieu of the
punishments set out above, order the offender to participate in an alcohol or
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3.
4.
substance abuse treatment program.
Driving with an Open Alcohol Container.
a.
Offense. A person commits an offense if that person operates a motor
vehicle while an open container containing an alcoholic beverage is present
anywhere in the passenger compartment of the vehicle.
b.
Sentence. A person convicted of driving with an open alcohol container
may be sentenced to a jail term not to exceed thirty (30) days or to a fine not to
exceed one thousand dollars ($1000.00) or to both.
Driving with a Loaded Firearm.
a.
Offense. A person commits an offense if that person operates a motor
vehicle with a loaded firearm present in the vehicle.
5.
b.
Sentence. A person convicted of driving with a loaded firearm may be
sentenced to a jail term not to exceed ninety (90) days or to a fine not to exceed two
thousand dollars ($2,000.00) or to both.
Operation of Motor Vehicle without Proof of Insurance.
a.
Offense. A person commits an offense if that person operates a motor
vehicle without proof of insurance on his/her person or present in the vehicle.
b.
Sentence. A person convicted of operation of a motor vehicle without
proof of insurance may be sentenced to a jail term not to exceed sixty (60) days or
to a fine not to exceed one thousand dollars ($1,000.00). The uninsured vehicle
may be impounded by LTBB until it is properly insured.
N.
Criminal Homicide.
1.
Offense. A person commits the offense of criminal homicide if:
a.
that person intentionally causes the death of another person;
b.
with intent to cause bodily injury to a person, that person causes the death
of the intended victim or any other person;
c.
that person voluntarily commits or participates in: the commission of, or
attempts to commit, arson, robbery, burglary, kidnaping, assault, or sexual
assault, and in the course of, or in furtherance of the crime that is being
committed or attempted, or during flight from the scene of the crime, the death of
a person is caused;
d.
that person recklessly or by gross negligence causes the death of another
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person, including the reckless operation of a motor vehicle; or
e.
that person, through the negligent operation of a motor vehicle, causes the
death of another person.
2.
Sentence. A person convicted of criminal homicide may be sentenced to a jail
term not to exceed one (1) year or to a fine not to exceed five thousand dollars
($5,000.00), or to both, or to the maximum penalty allowable under federal law.
COMMENTS
A discussed above, under the Indian Civil Rights Act, a tribal court may only sentence an
offender to a maximum of one (1) year in jail and/or a fine of five thousand dollars ($5,000.00).
Every effort should be made to obtain a federal prosecution in cases of criminal homicide, in
addition to the tribal court prosecution. An offender can be prosecuted in both tribal and federal
court without violating the United States Constitutional prohibition against double jeopardy
because the tribal and federal governments are separate sovereign entities. United States v
Wheeler, 435 US 313 (1978).
O.
Alcohol-Related Offenses.
1.
Possession or Consumption of Alcohol by a Person Under 21 Years of Age.
a.
Offense. A person commits an offense if that person is under twenty-one
2.
(21) years of age and knowingly possesses or consumes any alcoholic beverage.
b.
Sentence. A person convicted of possession or consumption of alcohol by
a person under 21 years of age may be compelled to perform an amount of
community service work and/or undergo rehabilitative treatment as deemed
appropriate by the tribal judge.
c.
In addition, the Court may sentence the person who commits this offense
to a jail term not to exceed thirty (30) days or to a fine not to exceed one
thousand dollars ($1,000.00) or to both.
Furnishing Alcohol to a Person Under 21 Years of Age.
a.
Offense. A person commits an offense if that person knowingly furnishes,
purchases, provides or in any way procures, any alcoholic beverage for the
possession or consumption by a person under twenty-one (21) years of age.
b.
Sentence. A person convicted of furnishing alcohol to a person under
twenty-one (21) years of age may be sentenced to a jail term not to exceed sixty
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3.
P.
(60) days or to a fine not to exceed one thousand dollars ($1,000.00) or to both.
Allowing a Person Under 21 Years of Age to Consume Alcohol.
a.
Offense. A person commits an offense if that person knowingly allows a
person under twenty-one (21) years of age to consume alcohol in his/her
residence, vehicle, or presence.
b.
Sentence. A person convicted of allowing a person under twenty-one (21)
years of age to consume alcohol may be sentenced to a jail term not to exceed
sixty (60) days or to a fine not to exceed one thousand dollars ($1,000.00) or to
both.
Controlled Substances.
1.
Possession, Use, Sale, Manufacture and/or Distribution.
a.
Offense. It shall be unlawful for any person to possess, use, sell,
manufacture and/or distribute any controlled substance defined and/or described
in the Uniform Controlled Substances Act, 21 U.S.C. Section 812, as updated,
without prior authorization, with the exception of Marihuana (Marijuana) with
the following prohibitions:
i.
No person shall transfer of marihuana or marihuana accessories to
a person under the age of 21.
ii.
No person under the age of 21 shall possess, consume, purchase or
iii.
otherwise obtain, cultivate, process, transport, or sell marihuana.
No person shall possess more than 2.5 ounces of marihuana within
a person's place of residence unless the excess marihuana is stored
in a container or area equipped with locks or other functioning
security devices that restrict access to the contents of the container
or area, except that not more than 15 grams of marihuana may be
in the form of marihuana concentrate; within the person's
residence, possessing, storing, and processing not more than 10
ounces of marihuana and any marihuana produced by marihuana
plants cultivated on the premises and cultivating not more than 12
marihuana plants for personal use, provided that no more than 12
marihuana plants are possessed, cultivated, or processed on the
premises at once.
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iv.
v.
vi.
No person shall consume marihuana while operating, navigating,
or being in physical control of any motor vehicle, aircraft,
snowmobile, off-road recreational vehicle, or motorboat, or
smoking marihuana within the passenger area of a vehicle upon a
public way.
No person shall operate, navigate, or being in physical control of
any motor vehicle, aircraft, snowmobile, off-road recreational
vehicle, or motorboat while under the influence of marihuana.
No person shall consume marihuana in a public place or smoke
marihuana where prohibited by the person who owns, occupies, or
manages the property, except for purposes of this subdivision a
vii.
viii.
ix.
public place does not include an area designated for consumption
within a municipality that has authorized consumption in
designated areas that are not accessible to persons under 21 years
of age.
No person shall possess marihuana accessories or possessing or
consuming marihuana on the grounds of a public or private school
where children attend classes in preschool programs, kindergarten
programs, or grades 1 through 12, in a school bus, or on the
grounds of any correctional facility.
No person shall separation of plant resin by butane extraction or
another method that utilizes a substance with a flashpoint below
100 degrees Fahrenheit in any public place, motor vehicle, or
within the curtilage of any residential structure.
No person shall cultivate marihuana plants if the plants are visible
from a public place without the use of binoculars, aircraft, or other
optical aids or outside of an enclosed area equipped with locks or
other functioning security devices that restrict access to the area.
b.
Sentence. Any person convicted of this offense may be sentenced to a jail
term not to exceed one year or to pay a fine not to exceed five thousand dollars
($5,000.00) or to both.
(Source: WOS 2021-005, May 14, 2021, Section 9.701 (P, 1)(a-b))
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2.
Youth and Tobacco.
a.
Offense. It shall be unlawful for any minor to possess, use or purchase
tobacco or tobacco. products. Furthermore, it shall be unlawful for any person
to allow the possession, use or sale of tobacco or tobacco products to any
minor.
b.
Sentence. Any person found guilty of this offense may be sentenced to a
jail term not to exceed ninety (90) days or to pay a fine not to exceed two
thousand dollars ($2,000.00) or to both.
c.
Affirmative Defense. It shall be an affirmative defense to this offense
when the alleged violation occurred in the furtherance of a recognized tribal
and/or religious purpose.
Q.
Animal Control.
1.
Failure to Have a Dog Properly Licensed.
a.
Offense. Any person who owns a dog must have the dog properly licensed
under the County Animal Control Enforcement Ordinance or by the Little
Traverse Bay Bands of Odawa Indians if LTBB sets up its own animal licensing
system. A person commits an offense if that person fails to have his/her dog so
2.
licensed.
b.
Sentence. A person who commits an offense may be sentenced to a jail
term not to exceed thirty (30) days or to a fine not to exceed five hundred dollars
($500.00) or to both.
Allowing a Dog to be a Public Nuisance.
a.
Offense. Any person who owns, possesses or maintains a dog is
responsible for such dog. A person, whose dog barks outside to an extent that a
person of reasonable sensibility is disturbed by such barking, or whose dog is
vicious or has propensity to be vicious, commits it’s an offense.
b.
Sentence. Any person convicted of allowing a dog to be a public nuisance
may be sentenced to a jail term not to exceed thirty (30) days or to pay a fine not
to exceed five hundred dollars ($500.00) or to both.
c.
In addition, the Court may order the destruction of the dog if necessary, to
protect the public.
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3.
4.
Allowing a Dog to Run at Large.
a.
Offense. It shall be unlawful for any dog to run at large; provided that a dog
engaged in hunting need not be leashed when under reasonable control of its owner,
or possessor. The owner of a dog running at large commits an offense.
b.
Sentence. Any person convicted of allowing a dog to run at large may be
sentenced to a jail term not to exceed thirty (30) days or to pay a fine not to
exceed one thousand dollars ($1,000.00) or to both.
Animal Abuse.
a.
Offense. A person commits an offense if that person intentionally beats,
cruelly treats, torments, overloads or otherwise abuses any dog, livestock or
poultry, or instigated any dog fight, cock fight, bull fight or other combat between
animals or between animals and humans.
b.
Sentence. A person convicted of animal abuse may be sentenced to a jail
term not to exceed thirty (30) days or to a fine not to exceed one thousand dollars
($1,000.00) or to both.
R.
Violation of a Tribal Ordinance.
1.
Offense. In addition to the offenses specified above, a person commits an offense
under this Code if that person violates any criminal statute or ordinance duly enacted by
the Tribal Council.
2.
Sentence. A person convicted of violation of a tribal ordinance may be subject to
whatever punishment is specified in the ordinance that was violated.
S.
Habitual Offender.
1.
Offense. Any person who is convicted under tribal law, who has previous
convictions under tribal law, may be charged as a habitual offender.
2.
Sentence. A person convicted of being a habitual offender may be sentenced as
follows:
a.
2nd Offense: One and one half (1 1/2) times the maximum for the
underlying offense not to exceed a jail term of one year or to pay a fine not to
exceed five thousand dollars ($5,000.00) or to both.
b.
3rd Offense: Two (2) times the maximum for the underlying offense not
to exceed a jail term of one (1) year or to pay a fine not to exceed five thousand
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dollars ($5,000.00) or to both.
c.
4th or more offense: Not to exceed a jail term of one (1) year or to pay a
fine not to exceed five thousand dollars ($5,000.00) or to both.
T.
Crimes Against Officers and Natural Resources
1.
Assault of an Officer.
a.
Offense. A person commits assault of an Officer if that person, by any
intentional act, threat, or menacing conduct, causes the Officer to reasonably
believe that he/she is in immediate danger of physical harm.
b.
Sentence. A person convicted of assault of an Officer may be sentenced to
a jail term not to one (1) year, or a fine not to exceed five thousand dollars
2.
3.
4.
($5,000.00) or both.
Assault of an Officer With a Weapon.
a.
Offense. A person commits assault of an Officer with a weapon if that
person, through the intentional or negligent use, or threatened use, of a weapon,
causes the Officer to reasonably believe that he/she is in immediate danger of
physical harm.
b.
Sentence. A person convicted of assault of an Officer with a weapon may
be sentenced to a jail term not to exceed one (1) year, or a fine not to exceed five
thousand dollars ($5,000.00) or both.
Battery of An Officer
a.
Offense. A person who intentionally strikes or physically restrains or
physically impedes an Officer commits the offense of battery of an Officer.
b.
Sentence. A person convicted of battery of an Officer may be sentenced to
a jail term not to exceed one (1) year or a fine not to exceed five thousand dollars
($5,000.00) or both.
Eluding an Officer
a.
Offense. A person who knowingly flees or attempts to evade an Officer
after a visible or audible command to stop commits the offense of eluding an
Officer. A visible or audible signal under this section may include the use of
hands, voice, emergency lights or sirens.
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5.
b.
Sentence. A person convicted of Eluding an Officer may be sentenced to a
jail term not to exceed six (6) months or a fine not to exceed two thousand five
hundred dollars ($2,500.00) or both.
Larceny of Natural Resources.
a.
Offense. A person who, without permission of the owner, knowingly
molests, disturbs or appropriates any wild plant, wild fish, wild animal or carcass
thereof, which has been lawfully reduced to possession by or otherwise owned by
another commits the offense of larceny of natural resources.
b.
Sentence. A person convicted of larceny of natural resources may be
sentenced to a jail term not to exceed ninety (90) days or a fine not to exceed one
thousand dollars ($1,000.00) or both.
6.
Violation of a Natural Resource License or Permit Revocation or Suspension
Order.
a.
Offense. A person commits an offense if he/she knowingly violates any
natural resources license or permit suspension or revocation order.
b.
Sentence. A person convicted of violation of a natural resource license or
permit revocation or suspension order may be sentenced to a jail term not to
exceed ninety (90) days or a fine not to exceed one thousand dollars ($1,000.00)
or both.
7.
Impersonating an Officer.
a.
Offense. A person who is not an Officer who intentionally claims to be
such an Officer through the use of false claims or disguise commits the offense of
impersonating an Officer.
b.
Sentence. A person convicted of impersonating an Officer may be
sentenced to a jail term not to exceed six (6) months or a fine not to exceed two
thousand five hundred dollars ($2,500.00) or both.
Failure to Report Natural Resource Harvesting Injury or Death.
a.
Offense. A person who witnesses or encounters any life-threatening injury
8.
or death of another resulting from the actions of any person taking or attempting
to take any wildlife, game, fish or furbearer, and who fails to make a reasonable
attempt to report the injury or death to Tribal or other law enforcement or
emergency response officials commits the offense of failing to report natural
resource harvesting injury or death.
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9.
b.
Sentence. A person convicted of failing to report natural resource
harvesting injury or death may be sentenced to a jail term not to exceed ninety(90)
days or a fine not to exceed two thousand five hundred dollars ($2,500.00) or
both.
Damaging or Stealing Gear.
a.
Offense. A person who intentionally damages or steals any nets, stands,
traps or gear belonging to another hunter, fisher or trapper commits the offense of
damaging or stealing gear.
b.
Sentence. A person convicted of damaging or stealing gear may be
sentenced to a jail term not to exceed ninety (90) days or a fine not to exceed two
thousand five hundred dollars ($2,500.00) or both.
10.
11.
12.
Conspiracy to Violate Natural Resource Regulation or Law.
a.
Offense. A person commits conspiracy to violate natural resource
regulation or law if that person agrees with one or more persons, with intent to
promote or facilitate the commission of a violation, that at least one of them will
engage in conduct constituting the violation, and one of the parties commits an
overt act in furtherance of the agreement.
b.
Sentence. A person convicted of conspiracy to violate natural resource
regulation of law may be sentenced to a jail term not to exceed ninety (90) days or
a fine not to exceed two thousand five hundred dollars ($2,500.00) or both, in
addition to any punishment provided for the specific violation if he/she actually
carried it out.
Taking or Harming Threatened or Endangered Species.
a.
Offense. A person who intentionally harms or harvests a threatened or
endangered plant or animal species commits the offense of taking or harming a
threatened or endangered species.
b.
Sentence. A person convicted of taking or harming a threatened or
endangered species may be sentenced to a jail term not to exceed six (6) months
or a fine not to exceed five thousand dollars ($5,000.00) or both.
Falsification of Identification to Procure a Tribal Natural Resource License.
a.
Offense. A person who intentionally presents false identification for
purposes of obtaining a natural resource license or permit that the person would
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not otherwise be entitled to commit the offense of falsification of identification to
procure a Tribal natural resource license.
b.
Sentence. A person convicted of falsification of identification to procure a
Tribal natural resource license may be sentenced to a jail term not to exceed
ninety (90) days or a fine not to exceed two thousand five hundred dollars
($2,500.00) or both.
U.
Witness Intimidation:
The following conduct constitutes the crime of Witness Intimidation, and is punishable by up to
one (1) year in jail and/or a five thousand-dollar ($5,000) fine, unless the enhanced sentencing
provisions of TLOA are enacted by Tribal Council, in which case the penalty would increase to
three (3) years in prison, with the same maximum fine for perjury on any felony case, or crime
punishable by over one (1) year in jail:
1.
Threatening, intimidating, discouraging or dissuading a potential witness or
victim with the intent to influence their testimony.
2.
Threatening, intimidating, discouraging or dissuading a potential witness or
victim from appearing at court proceedings, or complying with a subpoena in a pending
or future court case.
3.
Offering payment or any other inducement to a potential witness or victim with
the intent of influencing their testimony.
4.
Offering payment or any other inducement to a potential witness or victim with
the intent of dissuading them from appearing, testifying, testifying truthfully, or
complying with a subpoena in a pending or future court case.
5.
Impeding, obstructing, preventing, interfering with, or attempting to impede,
obstruct, prevent or interfere with the ability of a witness to attend, testify, or provide
information in, or for, a pending or future court case.
6.
Retaliating, threatening retaliation or attempting retaliation against a witness or
victim for being a witness in a court case. “Retaliation” means to actually commit, or
threaten to commit, a crime against any person, or to threaten harm, violence, or property
damage against any person.
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7.
The Court may order any sentence under this section to be consecutive to any
conviction on the underlying offense that the threats, attempted intimidation, offer of
inducement, obstruction or retaliation was intended to affect.
(Source: WOS 2021-003, April 20, 2021, Section VII)
9.108 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
(Source: WOS 2021-003, April 20, 2021, Section VIII)
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Chapter 2. Sex Offense Statute
9.201 SECTION I.
SHORT TITLE
This Statute may be cited as the “Sex Offense Statute” and repeals and replaces WOS 2009009, or as amended.
(Source: WOS 2018-012, August 15, 2018, Section I)
9.202 PURPOSE
The purpose of this Statute is to set forth the Tribe’s jurisdiction and sovereign right to exercise its
power to deem certain acts as criminal and prohibit sexual offenses.
(Source: WOS 2018-012, August 15, 2018, Section II)
9.203 DEFINITIONS
A.
“Breast” means any portion of the female breast below the top of the areola;
B.
“Broadcast” means to electronically transmit a visual image with the intent that it be
viewed by a person or persons;
C.
“Capture” with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast;
D.
“Coercion”, for the purposes of this Statute, means any of the following:
1.
the use or threat of force against, abduction of, serious harm to, or physical
restraint of an individual;
2.
the use of a plan, pattern, or statement with intent to cause an individual to
believe that failure to perform an act will result in the use of force against, abduction of,
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serious harm to, or physical restraint of an individual;
3.
the abuse or threatened abuse of law or legal process;
4.
controlling or threatening to control an individual’s access to a controlled
substance. “Controlled substance” is defined and described in the Uniform Controlled
Substances Act, 21 U.S.C. Section 812, as updated, and any controlled substance defined
in that Act that is mixed with or contains any of the following unless use and/or possess
is defined or reclassified by federal or Tribal law;
5.
the destruction of, taking of, or the threat to destroy or take an individual’s
identification document or other property;
6.
use of debt bondage;
7.
the use of an individual’s physical or mental impairment, where such impairment
has substantial adverse effects on the individual's cognitive or volitional functions;
8.
the commission of civil or criminal fraud.
E.
“Consent” means that at the time of the act of sexual intercourse or sexual contact there
are actual words or conduct indicating freely given agreement to have sexual intercourse or
sexual contact;
F.
“Married” means one who is legally married to another, but does not include a person
who is living separate and apart from his or her spouse and who has filed in an appropriate court
for legal separation or for dissolution of his or her marriage;
G.
“Mental incapacity” is that condition existing at the time of the offense which prevents a
person from understanding the nature or consequences of the act of sexual intercourse or sexual
contact whether that condition is produced by illness, defect, the influence of a substance or from
some other cause;
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H.
“Physically helpless” means a person who is unconscious or for any other reason is
physically unable to communicate unwillingness to an act;
I.
“Recklessly” means with respect to a result or to a circumstance described by a statute
defining an offense that a person is aware of and consciously disregards a substantial and
unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of
such nature and degree that disregard of such risk constitutes a gross deviation from the standard
of conduct that a reasonable person would observe in the situation. A person who creates such a
risk but is unaware of such risk solely by reason of voluntary intoxication also acts recklessly
with respect to such risk;
J.
“Sex” means acts of masturbation, sexual intercourse, or physical contact with a person's
genitals, or the condition of human male or female genitals when in a state of sexual stimulation
or arousal;
K.
“Sexual act” means:
1.
contact between the penis and the vulva or the penis and the anus, and for
purposes of this subparagraph contact involving the penis occurs upon penetration,
however slight;
2.
contact between the mouth and the penis, the mouth and the vulva, or the
mouth and the anus;
3.
the penetration, however slight, of the anal or genital opening of another by a
hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person; or
4.
the intentional touching, not through the clothing, of the genitalia of another
person who has not attained the age of 16 years with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person;
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L.
“Sexual contact” means the intentional touching, either directly or through the clothing,
of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
M.
“Significant Relationship” means a situation in which the perpetrator is:
1.
A person who undertakes the responsibility, professionally or voluntarily, to
provide education, health, welfare, or organized recreational activities principally for
minors; or
2.
A person who in the course of his or her employment supervises minors.
N.
“Territorial Jurisdiction of the Little Traverse Bay Bands of Odawa Indians” means all
land that is held in trust by the United States government for the benefit of the Tribe;
O.
“Tribal Court” means the Little Traverse Bay Bands of Odawa Indians Tribal Court;
P.
“Tribe” means the Little Traverse Bay Bands of Odawa Indians;
Q.
“Under circumstances in which that individual has a reasonable expectation of
privacy” means:
1.
circumstances in which a reasonable person would believe that he or she could
disrobe in privacy, without being concerned that an image of a private area of the
individual was being captured; or
2.
circumstances in which a reasonable person would believe that a private area of
the individual would not be visible to the public, regardless of whether that person is in a
public or private place.
(Source: WOS 2018-012, August 15, 2018, Section III)
(Source: WOS 2023-014, October 10, 2023, Section II(B)(1), Jurisdictional Adjustment Statute,
See (N) in this Section)
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9.204 JURISDICTION
A.
Criminal jurisdiction of the Tribe extends to adult LTBB citizens and adult citizens of
Federally Recognized Tribes, however, upon motion of the Tribal Prosecutor the Judge has the
discretion to try a minor as an adult.
B.
The Indian Civil Rights Act (ICRA), 25 U.S.C. Section 1302, was enacted by Congress
in 1968. The Tribe’s jurisdiction is limited to punishments that may impose up to a one (1) year
jail term and a fine up to $5,000.00.
C.
TLOA, PL 111-211, was enacted by Congress in 2013. The Tribe’s jurisdiction is
extended to punishments that may impose up three (3) years imprisonment and a fine up to
$15,000.00, up the enactment of a Tribal Council Resolution.
(Source: WOS 2018-012, August 15, 2018, Section IV)
9.205 JUVENILE TRANSFER TO THE ADULT DIVISION OF TRIBAL COURT
A.
If the juvenile is at least sixteen (16) years of age at the time of the offense, the
Prosecutor shall have the option of filing the action as a juvenile offender proceeding or as an
adult criminal matter. If the juvenile is between the ages of fourteen (14) and sixteen (16) and is
alleged to have committed an offense, the Prosecutor may file a petition requesting the Court to
transfer the juvenile to the Adult Division of the Court.
B.
No juvenile under the age of fourteen (14) years of age shall be charged as an adult for
violations under this Statute.
(Source: WOS 2018-012, August 15, 2018, Section V)
9.206 VICTIM’S PAST BEHAVIOR
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A.
In order to convict a person of any offense defined in this Statute it shall not be necessary
that the testimony of the alleged victim be corroborated.
B.
Evidence of the victim’s past sexual behavior including but not limited to: the victim’s
marital history, divorce history, or general reputation for promiscuity, non-chastity, or sexual
mores contrary to tribal community standards is inadmissible on the issue of credibility and is
inadmissible to prove the victim’s consent except as follows:
1.
The perpetrator and the victim have engaged in sexual intercourse with each other
in the past, and when the past behavior is material to the issue of consent, evidence
concerning the past behavior between the perpetrator and the victim may be admissible
on the issue of consent to the offense.
2.
The Tribal Court shall hold a hearing out of the presence of the jury, if any, and
the hearing shall be closed except to the necessary witnesses, the defendant, counsel, and
those who have a direct interest in the case or in the work of the court.
3.
Nothing in this section shall be construed to prohibit cross-examination of the
victim on the issue of past sexual behavior when the Prosecution presents evidence in its
case in chief tending to prove the nature of the victim’s past sexual behavior, but the
court may require a hearing concerning such evidence.
(Source: WOS 2018-012, August 15, 2018, Section VI)
9.207 DEFENSES TO PROSECUTION
A.
In any prosecution in which lack of consent is based solely upon the victim's mental
incapacity or upon the victim's being physically helpless, it is a defense which the defendant
must prove by a preponderance of the evidence that at the time of the offense the defendant
reasonably believed that the victim was not mentally incapacitated and/or physically helpless.
B.
In any prosecution in which the offense depends on the victim’s age, it is not a defense
that the perpetrator did not know the victim's age, or that the perpetrator believed the victim to be
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older, as the case may be; provided, that it is a defense which the defendant must prove by a
preponderance of the evidence that at the time of the offense the defendant reasonably believed
the alleged victim to be the age identified based upon declarations as to age by the alleged
victim.
(Source: WOS 2018-012, August 15, 2018, Section VII)
9.208 Reserved
9.209 STATUTE OF LIMITATIONS
A.
A prosecution for an offense under this Statute must be commenced within five (5)
years after commission of the offense.
B.
The set time period begins when the victim, if a child, turns eighteen years of age.
C.
Time spent outside of the Tribal jurisdiction shall not be counted toward the statute of
limitations to begin prosecution.
(Source: WOS 2018-012, August 15, 2018, Section IX)
9.210 OFFENSES
A.
Criminal Sexual Conduct is a crime that is punishable up to the Tribe’s maximum
jurisdiction and is a felony. A person is guilty of criminal sexual conduct if he or she engages in
sexual penetration with another person and if any of the following circumstances exists:
1.
That other person is under 13 years of age.
2.
That other person is at least 13 but less than 16 years of age and any of the
following:
a.
The actor is a member of the same household as the victim.
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b.
The actor is related to the victim by blood or affinity to the fourth degree.
c.
The actor is in a position of authority over the victim and used this
authority to coerce the victim to submit.
d.
The actor is a teacher, substitute teacher, or administrator, employee,
volunteer or a contractual service provider of a school, school district, or
intermediate school district in which that other person is enrolled and the actor
uses his or her employee, contractual, or volunteer status to gain access to, or to
establish a relationship with, that other person.
e.
The actor is an employee, contractual service provider, or volunteer of a
child care organization, or a person licensed to operate a foster family home or a
foster family group home in which that other person is a resident, and the sexual
penetration occurs during the period of that other person's residency.
3.
Sexual penetration occurs under circumstances involving the commission of any
other felony.
4.
The actor is armed with a weapon or any article used or fashioned in a manner to
lead the victim to reasonably believe it to be a weapon.
5.
The actor causes personal injury to the victim and force or coercion is used to
accomplish sexual penetration.
6.
The actor causes personal injury to the victim, and the actor knows or has reason
to know that the victim is mentally incapable, mentally incapacitated, or physically
helpless.
7.
That other person is mentally incapable, mentally disabled, mentally
incapacitated, or physically helpless, and any of the following:
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8.
The actor is related to the victim by blood or affinity to the fourth degree.
9.
The actor is in a position of authority over the victim and used this authority to
coerce the victim to submit.
A.
Child Molestation is a crime that is punishable up to the Tribe’s maximum jurisdiction
and is a felony. A person is guilty of the offense of Child Molestation when the person has, or
knowingly causes:
1.
another person under the age of eighteen (18) to have, sexual contact with another
who is at least twelve (12) years old but less than fourteen (14) years old and the
perpetrator is at least thirty-six (36) months older than the victim.
2.
another person under the age of eighteen (18) to have, sexual contact with another
who is at least fourteen (14) years old but less than sixteen (16) years old and not married
to the perpetrator and the perpetrator is at least forty-eight (48) months older than the
victim.
3.
another person under the age of eighteen (18) to have sexual contact with another
who is less than twelve years old (12) and the perpetrator is at least thirty-six (36) months
older than the victim.
B.
Sexual Misconduct with a Child is a crime that is punishable up to the Tribe’s
maximum jurisdiction and is a felony. A person is guilty of the offense of Sexual Misconduct
with a Child when the person has, or knowingly causes:
1.
another person under the age of eighteen (18) to have, sexual contact with
another person who is at least sixteen (16) years old but less than eighteen (18) years old
and not married to the perpetrator, if the perpetrator is at least sixty (60) months older
than the victim, is in a significant relationship to the victim, and abuses that relationship
in order to engage in or cause another person under the age of eighteen (18) to engage in
sexual contact with the victim; or
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2.
another person under the age of eighteen (18) to have, sexual intercourse with
another person who is at least sixteen (16) years old but less than eighteen (18) years old
and not married to the perpetrator, if the perpetrator is at least sixty (60) months older
than the victim, is in a significant relationship to the victim, and abuses that relationship
in order to engage in or cause another person under the age of eighteen (18) to engage in
sexual intercourse with the victim.
C.
Indecent Exposure is a crime that is punishable up to the Tribe’s maximum jurisdiction
and is a felony. A person is guilty of the offense of Indecent Exposure if he or she knowingly or
recklessly exposes his or her genitals or anus or she exposes her breast or breasts and another
person is present or is reckless about whether such other person may be present and would be
offended or alarmed by the act. Unless it is under circumstances in which that individual has a
reasonable expectation of privacy. The provisions of this section shall apply regardless of
whether the person violates the section in person or via the Internet or other electronic means.
D.
Indecent Exposure to a Child is a crime that is punishable up to the Tribe’s maximum
jurisdiction and is a felony. A person is guilty of the offense of Indecent Exposure if he or she
knowingly and purposefully exposes his or her genitals or anus or she exposes her breast or
breasts and another person under the age of fifteen (15), unless it is under circumstances in
which that individual has a reasonable expectation of privacy. The provisions of this section
shall apply regardless of whether the person violates the section in person or via the Internet or
other electronic means.
E.
Public Sexual Indecency is a crime that is punishable up to the Tribe’s maximum
jurisdiction and is a felony. A person commits the offense of Public Sexual Indecency by
intentionally or knowingly engaging in any of the following acts, if another person is present,
and the defendant is reckless about whether such other person, as a reasonable person, would be
offended or alarmed by the act:
1.
An act of sexual contact.
2.
An act of oral sexual contact.
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3.
An act of sexual intercourse.
4.
An act involving contact between the person's mouth, vulva or genitals and the
anus or genitals of an animal.
The provisions of this section shall apply regardless of whether the person violates the section in
person or via the Internet or other electronic means.
F.
Prostitution and Child Prostitution see WOS Human Trafficking Statute
G.
Sexual Exposure of a Child is a crime that is punishable up to the Tribe’s maximum
jurisdiction and is a felony. A person is guilty of the offense of Sexual Exposure of a Child when
a person knowingly:
1.
exposes his or her genitals to a child less than fifteen (15) years of age under
circumstances in which he or she knows that his or her conduct is likely to cause affront
or alarm to the child;
2.
exposes his or her genitals to a child less than (15) fifteen years of age for the
purpose of arousing or gratifying the sexual desire of any person, including the child; or
3.
coerces or induces a child less than fifteen (15) years of age to expose the child's
genitals for the purpose of arousing or gratifying the sexual desire of any person,
including the child.
The provisions of this section shall apply regardless of whether the person violates the section in
person or via the Internet or other electronic means.
H.
Sexual Abuse of a Child is a crime that is punishable up to the Tribe’s maximum
jurisdiction and is a felony. A person is guilty of the offense of Sexual Abuse of a Child when a
person:
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1.
knowingly employs, uses, or permits the employment or use of a child in an
exhibition of sexual conduct, actual or simulated;
2.
knowingly capture by photographs, films, videotapes, develops or duplicates the
photographs, films, or videotapes, or records a child engaging in sexual conduct, actual or
simulated;
3.
knowingly, by any means of communication, including electronic
communication, persuades, entices, counsels, or procures a child under sixteen (16) years
of age or a person the offender believes to be a child under sixteen (16) years of age to
engage in sexual conduct, actual or simulated;
4.
knowingly processes, develops, prints, publishes, transports, distributes,
broadcasts, sells, exhibits, or advertises any visual or print medium, including a medium
by use of electronic communication in which a child is engaged in sexual conduct, actual
or simulated;
5.
knowingly possesses any visual or print medium, including a medium by use of
electronic communication in which a child is engaged in sexual conduct, actual or
simulated;
6.
possesses with intent to sell any visual or print medium, including a medium by
use of electronic communication in which a child is engaged in sexual conduct, actual or
simulated; or
7.
finances any of the activities, knowing that the activity is of the nature described
as Sexual Abuse of a Child.
I.
Visual Representation of a Sexual Act involving a Child is a crime that is punishable
up to the Tribe’s maximum jurisdiction and is a felony. A person commits the offense of Visual
Representation of a Sexual Act involving a Child when a person attempts, conspiracies or
knowingly possesses, produces, reproduces, distributes, broadcast, receives, or has the intent to
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distribute or broadcast, a visual depiction of any kind, including a drawing, cartoon, sculpture, or
painting, that:
1.
depicts a minor engaging in sexually explicit conduct and is obscene, or
2.
depicts an image that is, or appears to be, of a minor engaging in graphic
bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite
sex, and such depiction lacks serious literary, artistic, political, or scientific value.
J.
Incest is a crime that is punishable up to the Tribe’s maximum jurisdiction and is a
felony. A person commits the offense of Incest when a person knowingly marries a person who
is biologically related to the following persons:
1.
Parent and child;
2.
Grandparent and grandchild;
3.
Brother and sister, or half-brother and half-sister;
4.
Uncle and niece, or aunt and nephew; or
5.
Cousins in the first degree.
(Source: WOS 2018-012, August 15, 2018, Section X)
9.211 through 9.229 Reserved
9.230 SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not affect the
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validity of the remaining portions thereof.
(Source: WOS 2018-012, August 15, 2018, Section XXX)
9.231 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council override
of the veto.
(Source: WOS 2018-012, August 15, 2018, Section XXXI)
9.232 OTHER RELATED STATUTES
See Crimes Statute; Criminal Conduct and Protection Statute; Sex Offense Statute; Sex Offender
Registration and Notification Statute; Felony Defined Statute; Domestic Violence Statute;
Victim’s Rights Statute; Personal Protection Orders and No Contact Orders and Violations of
Protective Order; or as may be amended.
(Source: WOS 2018-012, August 15, 2018, Section XXXII)
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Chapter 3. Civil Traffic
9.301 SHORT TITLE
This Statute may be cited as the “Civil Traffic Statute”, and repeals and replaces any prior
law, Statute or resolution, including WOS 2006-021.
(Source: WOS 2010-011, October 14, 2010, Section I)
9.302 PURPOSE
The purpose of this Statute is to establish a Civil Traffic Statute.
(Source: WOS 2010-011, October 14, 2010, Section II)
9.303 CREATION AND AUTHORITY
The Tribal Council of the Little Traverse Bay Bands of Odawa Indians creates the Tribal
Police Department as an Executive Department to protect the peace and safety of the Tribe and its
Tribal Citizens and has the full authority to enforce all Sections within this Statute.
(Source: WOS 2010-011, October 14, 2010, Section III)
9.304 DEFINITIONS
Terms used in this Statute shall have the meaning given to them in this Statute except where
otherwise defined, and unless the context clearly indicates otherwise:
A.
“Alcoholic beverage” means any spirituous, vinous, malt or fermented liquor, liquors and
compounds, whether or not medicated, proprietary, patented, and by whatever name called,
containing one-half of one percent (½ of 1%) or more alcohol by volume, which are fit for use for
beverage purposes.
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B.
“Authorized emergency vehicle” means fire, police, or ambulance of the Tribe or of any
other foreign jurisdiction including federal, state or local governments including private
ambulatory services.
C.
“Bicycle” means every device propelled solely by human power upon which a person or
persons may ride, having two tandem wheels either of which is sixteen inches or more in diameter,
or three wheels, any one of which is more than twenty inches in diameter.
D.
“Camper” means a structure designed to be mounted upon a motor vehicle which provides
facilities for human habitation or for temporary outdoor or recreational lodging and which is five
feet or more in overall length and five feet or more in height from its floor to its ceiling when fully
extended, but does not include motor homes.
E.
“Cancel” in all its forms, means invalidation indefinitely.
F.
“Center line” means the line, marked or unmarked, parallel to and equal distance from the
sides of a two-way traffic road except where otherwise indicated by painted lines or markers.
G.
“Center of intersection” means the point of intersection of the center lines of intersecting
public roads.
H.
“Combination of vehicles” means every combination of motor vehicle and motor vehicle,
motor vehicle and trailer or motor vehicle and semitrailer.
I.
“Commercial vehicle” means any vehicle whose principal use is transporting commodities,
merchandise, produce, freight, animals, or passengers for hire.
J.
“Crosswalk” means the portion of the roadway between the intersection area and a line ten
feet from the intersection, unless modified by a marked crosswalk.
K.
“Department” means the Little Traverse Bay Bands of Odawa Indians Law Enforcement
Department.
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L.
“Explosives” means any chemical compound or mechanical mixture commonly used or
intended for the purpose of producing an explosion, and which contains any oxidizing or
combustible units or other ingredients such that an ignition by fire, friction, concussion, percussion
or detonation of any part of the compound mixture may generate such highly heated gases that the
resultant pressures are capable of damaging nearby objects or of destroying life or limb.
M.
“Farm tractor/Farm Vehicle” means every motor vehicle designed and used primarily as a
farm implement for drawing plows, mowing machines, and other implements of husbandry used
primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment,
implements, farm products, supplies and/or farm labor and is only incidentally operated on or
moved along public roads for the purpose of going from one farm to another.
N.
“Farming” means the cultivation and tillage of the soil, dairying, the production,
cultivation, growing, and harvesting of any agricultural or horticultural commodities (except
forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and
any practices performed on a farm incident to or in conjunction with farming operations.
O.
“Flammable liquid” means any liquid which has a flash point of 70° Fahrenheit, or less.
P.
“For hire vehicle” means any motor vehicle used for the transportation of persons for
compensation, except auto stages and ride-sharing vehicles.
Q.
“Foreign Government” includes state, county, municipal, or other local public board or
body having authority to adopt police or public safety regulations.
R.
“Governmental transit vehicle” includes every motor vehicle which is owned or operated
by the Tribe or a foreign government that provides public transportation for the purpose of carrying
passengers and incidental baggage and freight on a regular schedule.
S.
“Hours of darkness” means the hours from one-half hour after sunset to one-half hour
before sunrise, and any other time when persons or objects may not be clearly seen from five
hundred feet.
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T.
“Intersection area" means the area included within the area in which vehicles traveling
upon different roads joining at any angle may come in conflict. The junction of an alley with a
street or road is not an intersection.
U.
"Intersection control area" means intersection area, together with any modification of the
adjacent roadway area resulting from the arc of curb corners and any marked or unmarked
crosswalks adjacent to the intersection.
V.
“Lane road” means a road divided into clearly marked lanes for vehicular traffic.
W.
“Law Enforcement Officer/ Officer” means Little Traverse Bay Bands of Odawa Indians
Tribal Law Enforcement Officer or an Officer from a foreign government who is authorized to
direct or regulate traffic or to make arrests for violations of traffic regulations.
X.
“Legal owner” means a person having a security interest in a vehicle according to
applicable Tribal, state or federal laws, or the registered owner of a vehicle without a security
interest or the lessor of a vehicle without a security interest.
Y.
“Marked crosswalk” means any portion of a roadway identified for pedestrian crossing by
lines or other markings.
Z.
“Mobile home, manufactured home” means a structure, designed and constructed to be
transportable in one or more sections, built on a permanent chassis, and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities,
including plumbing, heating, and electrical systems. Manufactured home does not include a
modular home. A structure which met the definition of a “manufactured home” at the time of
manufacture is still considered to meet this definition even if it is no longer transportable.
AA. “Moped” means a motorized device designed to travel with not more than three sixteeninch or larger diameter wheels in contact with the ground, having fully operative pedals, and a
motor that is capable of propelling the device at not more than thirty miles per hour on level
ground. Any other vehicle properly licensed by an authorized state or federal authority may also
be considered a moped.
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BB. “Motor homes” means motor vehicles originally designed, reconstructed, or permanently
altered to provide facilities for lodging and cooking or sewage disposal, and is enclosed within a
solid body shell with the vehicle. A camper or like unit constructed separately and attached to a
motor vehicle is not a motor home.
CC. “Motor vehicle” means every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, including an automobile, motor truck, motor home,
motorcycle, or any other self-propelled except devices exclusively moved by human power or used
exclusively upon stationary rails or tracks and except for the purpose of titling and registration of
a mobile home.
DD. “Motorcycle” means a motor vehicle designed to travel on not more than three wheels in
contact with the ground, on which the driver rides astride the motor unit or power train and is
designed to be steered with a handle bar. Farm tractors and mopeds are excluded. Or any motor
vehicle authorized by a foreign government that is approved of and defined as a “motorcycle”.
EE. “Muffler” means a device consisting of a series of chambers, or other mechanical designs
which receives exhaust gas from an internal combustion engine and is effective in reducing noise.
FF.
“Multiple lane road” means any road wide enough to reasonably accommodate two or more
separate lanes of traffic in the same direction, each lane not less than the maximum legal vehicle
width, whether or not the lanes are marked.
GG. “Operator or Driver” means every person who drives or is in actual physical control of a
vehicle.
HH.
“Owner” means a person who has a lawful right of possession of a vehicle by reason of
obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle
is subject to a security interest. It means registered owner where the reference to owner may be
construed as either to registered or legal owner.
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II.
“Park or Parking” means the standing of a vehicle, whether occupied or not, other than
temporarily for the purpose of and while actually engaged in loading or unloading property or
passengers.
JJ.
“Passenger car” means every motor vehicle, except motorcycles, designed for carrying ten
passengers or less and used for the transportation of persons.
KK. “Pedestrian” means any person who is afoot or who is using a wheelchair or a means of
conveyance propelled by human power other than a bicycle.
LL.
“Person” includes every natural person, firm, co-partnership, corporation, association, or
organization.
MM. “Pneumatic tires” includes every tire of rubber or other resilient material designed to be
inflated with compressed air to support the load.
NN. “Pole trailer” means every vehicle without power, designed to be attached to a towing
vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing
vehicle, and ordinarily used for transporting long or irregular shaped loads capable of sustaining
themselves as beams between the supporting connections.
OO. “Private carrier bus” means every motor vehicle having a seating capacity for eleven or
more people, used regularly to transport people for any organized agricultural, religious or
charitable purpose. This term does not include buses operated by common carriers.
PP.
“Private road or driveway” includes every place in private ownership used for travel of
vehicles by the owner or those having express or implied permission from the owner, but not by
other persons.
QQ. “Registered owner” means the person whose lawful right of possession of a vehicle has
most recently been recorded with a licensing department.
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RR. “Rental car” means a passenger car that is used solely by a rental car business for rental to
others, without a driver provided by the rental car business, for periods of not more than thirty
consecutive days. A “Rental car” does not include vehicles rented or loaned to customers by
automotive repair businesses while the customer's vehicle is under repair; or vehicles licensed and
operated as taxicabs.
SS.
“Rental car business” means a person engaging in the business of renting rental cars.
TT.
“Residence district” means the area next to and including a public road not comprising a
business district, when the property on the public road for a continuous distance of three hundred
feet or more on either side is mostly improved with residences or residences and buildings in use
for business.
UU. “Revoke” in all its forms, means the invalidation for a period of one calendar year and
thereafter until reissued.
VV. “Right of way” means the right of one vehicle or pedestrian to proceed in a lawful manner
in preference to another vehicle or pedestrian approaching under such circumstances of direction,
speed, and proximity as to be in danger of a collision unless one gives way to the other.
WW. “Road” means the entire width between the boundary lines of every way publicly
maintained when any part is open to the use of the public for vehicular travel.
XX. “Roadway” means that portion of a road improved, designed, or ordinarily used for
vehicular travel, exclusive of the sidewalk or shoulder even though the sidewalk or shoulder is
used by persons riding bicycles.
YY.
“Safety zone” means the area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is marked or indicated by painted marks,
signs, buttons, standards, or otherwise.
ZZ. “School bus” means every motor vehicle used regularly to transport children to and from
school or in connection with school activities.
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AAA. “Semitrailer” includes every vehicle without power designed and constructed so that an
appreciable part of its weight and that of its load rests on and is carried by a towing vehicle, motor
vehicle, or truck tractor.
BBB. “Sidewalk” means that property between the curb lines or the edge of a roadway and the
adjacent property, set aside and intended for the use of pedestrians or the portion of private
property parallel and next to a public road and dedicated to use by pedestrians.
CCC. “Solid tire” includes every tire of rubber or other resilient material which does not depend
upon inflation with compressed air for the support of the load.
DDD. “Stand or standing” means the stopping of a vehicle, occupied or not, other than
temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
EEE. “Stop” when required, means complete cessation from movement.
FFF. “Stop or stopping” when prohibited, means any halting even momentarily of a vehicle,
occupied or not, except when necessary to avoid conflict with other traffic or in compliance with
the directions of an Officer or traffic control sign or signal.
GGG. “Suspend” in all its forms and unless a different period is specified, means invalidation for
any period less than one calendar year and thereafter until reinstatement.
HHH. “Territorial Jurisdiction of the Little Traverse Bay Bands of Odawa Indians” means all land
that is held in trust by the United States government for the benefit of the Tribe.
III.
“Traffic” includes pedestrians, ridden or herded animals, vehicles, and other conveyances
either singly or together, while using any public roads for purposes of travel.
JJJ. “Traffic-control devices” means all signs, signals, markings and devices not inconsistent
with this Statute, placed or erected by authority of a public body or official having jurisdiction, for
the purpose of regulating, warning or guiding traffic.
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KKK. “Trailer” includes every vehicle without power designed for being drawn by or used in
conjunction with a motor vehicle constructed so that no appreciable part of its weight rests on or
is carried by the motor vehicle.
LLL. “Tribal Council” means the Legislative Branch of the Little Traverse Bay Bands of Odawa
Indians Tribe.
MMM.
“Tribal Court” means the court within the Judiciary Branch of the Little Traverse
Bay Bands of Odawa Indians Tribe.
NNN. “Tribe” means the Little Traverse Bay Bands of Odawa Indians Tribe.
OOO. “Used vehicle” means a vehicle which has been sold, bargained, exchanged, given away,
or title transferred from the person who first took title to it from the manufacturer or first importer,
dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly
known as “second-hand” within the ordinary meaning.
PPP. “Wheelchair conveyance” means any vehicle specially manufactured or designed for the
transportation of a physically or medically impaired wheelchair-bound person. The vehicle may
be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the
impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion
device capable of propelling the vehicle. The Chief of Police may approve and define as a
wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar
in performance and application to vehicles that do meet these specific criteria.
(Source: WOS 2010-011, October 14, 2010, Section IV)
(Source: WOS 2023-014, October 10, 2023, Section II(B)(2), Jurisdictional Adjustment Statute,
See (HHH) in this Section)
9.305 LIABILITY OF OPERATOR, OWNER, LESSEE FOR VIOLATIONS
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A.
Whenever an act or omission is declared to be in violation of this Statute, if the operator of
the vehicle is not the owner or lessee of the vehicle, but is so operating or moving the vehicle with
the express or implied permission of the owner or lessee, then the operator and/or owner or lessee
are both subject to the provisions of this Statute with the primary responsibility to be that of the
owner or lessee.
B.
If the person operating the vehicle at the time of the violation or omission is not the owner
or lessee of the vehicle, the person is fully authorized to accept the citation and execute the promise
to appear on behalf of the owner or lessee.
(Source: WOS 2010-011, October 14, 2010, Section V)
9.306 ALLOWING UNAUTHORIZED PERSON TO DRIVE
It is a violation for the registered owner of a vehicle to knowingly permit another person
to drive the vehicle when the other person is not a legally authorized driver.
(Source: WOS 2010-011, October 14, 2010, Section VI)
9.307 OPERATOR’S LICENSE, REGISTRATION, INSURANCE AND PLATES
A.
Operator’s License
1.
No person shall operate a vehicle within the jurisdiction of the Tribe unless he or
she has a valid operator’s license, chauffeur’s license or permit, issued to him or her by
any jurisdiction recognized by the Tribe, on his or her person or within the vehicle being
operated.
2.
No person shall drive a motorcycle or a motor-driven cycle, except a moped, unless
such person has a valid driver’s license specially endorsed by a jurisdiction recognized by
the Tribe to enable the holder to drive such vehicles, nor may a person drive a motorcycle
of a larger engine displacement than that authorized by the special endorsement.
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B.
Registration of Vehicle
1.
A certificate of license registration issued by the Tribe or other jurisdiction
recognized by the Tribe for the limited purpose of this Section, to be valid must have
endorsed thereon the signature of the registered owner (if a firm or corporation, the
signature of one of its officers or other duly authorized agent) and must be carried in the
vehicle for which it is issued.
2.
It shall be a violation for any person to operate or have in his possession a vehicle
without carrying thereon such certificate of license registration. Any person in charge of
such vehicle shall, upon demand of an officer, permit an inspection of such certificate of
license registration.
3.
It shall be a violation for any person to sell or transfer any motor vehicle without
having proper certificates of ownership.
4.
A person may secure or obtain a certificate of ownership without obtaining a
certificate of license registration and vehicle license plates, if the vehicle is not operated
on a public road.
C.
Liability Insurance or Other Financial Responsibility Required
1.
It shall be a violation for a person to operate a motor vehicle on roads within tribal
jurisdiction without insurance under an acceptable motor vehicle liability policy, is selfinsured, is covered by an acceptable certificate of deposit, or is covered by an acceptable
liability bond.
2.
“Acceptable” means, for purposes of this Section, an amount consistent with tribal
law or that of a jurisdiction recognized by the Tribe for the limited purpose of this Section.
Written proof of financial responsibility for motor vehicle operation must be provided on
the request of an Officer.
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3.
It shall be a violation to fail to display an insurance identification card when asked
to do so by an Officer and shall create a presumption that the person does not have motor
vehicle insurance.
4.
If a person cited for a violation of this Section provides evidence to the Tribal Court
that shows that at the time the person was cited, he or she was insured then the court may
dismiss the violation without cost or fine.
5.
The provisions of this Section shall not apply to operation of a motorcycle, a motor-
driven cycle, or a moped.
6.
It shall be a violation for any person who knowingly provides false evidence of
financial responsibility to an Officer or to a court, including an expired or canceled
insurance policy, bond, or certificate of deposit.
D.
License Plate
1.
It shall be a violation for a person to operate any vehicle over and along a public
roadway without first obtaining and keeping in full force and effect a current and proper
vehicle license plate and displaying the vehicle license plate properly registered to the
vehicle and the current registered owner.
2.
Exceptions.
a.
Farm vehicle[s] if operated within a radius of fifteen miles of the farm where
principally used or garaged and trailers used exclusively to transport farm
implements from one farm to another during the daylight hours or at night when
the equipment has lights that comply with the law.
b.
"Special road construction equipment" which is designed and used
primarily for grading of roads, paving of roads, earth moving, and other
construction work on roads and which is only incidentally operated or moved over
the road.
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c.
Spray or fertilizer applicator rigs designed and used exclusively for spraying
or fertilizing in the conduct of agricultural operations and not primarily for the
purpose of transportation, and nurse rigs or equipment auxiliary to the use of and
designed or modified for the fueling, repairing or loading of spray and fertilizer
applicator rigs and not used, designed or modified primarily for the purpose of
transportation.
d.
Forklifts operated during daylight hours on public highways adjacent to and
within five hundred (500’) feet of the warehouses they serve.
3.
Attachment of Plates to Vehicles
a.
Vehicle license number plates shall be attached conspicuously at the rear of
the vehicle so it can be plainly seen and read at all times.
b.
It is unlawful to display a vehicle license number plate not legally issued to
the vehicle or plate(s) which have been in any manner changed, altered, disfigured
or have become illegible.
c.
It is unlawful to use any holders, frames, or any materials that in any manner
change, alter, or make the vehicle license number plates illegible.
E.
Legal Owner Not Liable for Acts of Registered Owner
The person, firm, co-partnership, association or corporation to whom a certificate of
ownership has been issued shall not incur liability or be responsible for damage resulting from any
act or contract made by the registered owner or by any person acting for, by or under the authority
of the registered owner.
F.
Alteration or Forgery
It shall be a violation for any person to alter, forge, or causes to be altered or forged any
Operator’s License, Registration, Insuran
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