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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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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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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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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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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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TITLE IX. CRIMINAL LAWS; | Frix