MIAMI TRIBE OF OKLAHOMA
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MIAMI TRIBE OF OKLAHOMA
CRIMINAL OFFENSES CODE
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Short Title .........................................................................................................1
Application .......................................................................................................1
Special Tribal Criminal Jurisdiction .................................................................1
C.F.R. Not Applicable ......................................................................................5
Civil and Criminal Immunity for Persons Aiding Police Officers ...................5
Construction and Interpretation ........................................................................6
Definitions ........................................................................................................6
Rehabilitative, Restorative, and Remedial Sanctions Authorized ....................7
Criminal Forfeiture Authorized ........................................................................7
Conduct on Tribal Property: Certain Conduct Regulated, Prohibited ..............8
Persons Capable of Committing Crimes...........................................................8
Voluntary Intoxication Not Mitigating .............................................................9
Culpability Required Unless Otherwise Provided ............................................9
CHAPTER ONE: CRIMES AGAINST PROPERTY ..................................................................10
Section 101
Arson in the First Degree ................................................................................10
Section 102
Arson in the Second Degree ...........................................................................10
Section 103
Arson in the Third Degree .............................................................................10
Section 104
Criminal Mischief ...........................................................................................11
Section 105
Litter from Vehicle; Flaming and Glowing Substances; Burn Bans ..............11
Section 106
Dumping Trash on Public or Private Property Without Consent; Flaming and
Glowing Substances ...................................................................................12
Section 107
Bombs and Explosives; Foul, Poisonous, Offensive or Injurious Substances;
Threats........................................................................................................13
Section 108
Malicious Mischief to Government Property or Contracts.............................14
Section 109
Trees Cut or Injured ........................................................................................14
Section 110
Burglary ..........................................................................................................14
Section 111
Breaking and Entering ....................................................................................16
Section 112
Criminal Trespass ...........................................................................................16
Section 113
Defacing or Injuring House of Worship .........................................................18
Section 114
Theft or Receipt of Stolen Mail ......................................................................18
Section 115
Destruction of Letter Boxes or Mail ...............................................................19
Section 116
Obstruction of Mails .......................................................................................19
Section 117
Obstruction of Correspondence ......................................................................19
Section 118
Reserved .........................................................................................................19
Section 119
Blackmail ........................................................................................................19
Section 120
Larceny ...........................................................................................................20
Section 121
Extortion .........................................................................................................21
Section 122
False Pretenses ................................................................................................22
Section 123
Embezzlement.................................................................................................22
Section 124
Receiving Stolen Property ..............................................................................23
Section 125
Theft of Property Lost, Mislaid or Delivered by Mistake ..............................23
i
Section 126
Section 127
Section 128
Section 129
Section 130
Section 131
Section 132
Section 133
Section 134
Section 135
Section 136
Section 137
Section 138
Section 139
Section 140
Section 141
Section 142
Section 143
Section 144
Section 145
Section 146
Section 147
Section 148
Section 149
Section 150
Section 151
Section 152
Section 153
Section 154
Section 155
Section 156
Section 157
Section 158
Section 159
Section 160
Section 161
Section 162
Theft of Services .............................................................................................23
Unauthorized Use of a Vehicle .......................................................................24
Embezzlement And Theft From Indian Tribal Organizations ........................24
Theft From Gaming Establishments On Indian Lands ...................................24
Theft by Officers or Employees of Gaming Establishments on Indian Lands ...
........................................................................................................................25
Offenses Relating to Stamps .......................................................................... 25
Unauthorized Use or Sale of Stamps ..............................................................26
Reserved .........................................................................................................26
Reserved ........................................................................................................26
Possession of Forged Instruments ..................................................................26
Forgery............................................................................................................27
Criminal Simulation........................................................................................27
Fraudulent Handling of Recordable Instruments ............................................27
Tampering With Records ................................................................................28
Bad Checks .....................................................................................................28
Fraudulent Use of a Credit Card .....................................................................28
Fraudulently Obtaining Personal Identity of Other Persons ...........................29
Defrauding Casinos, Hotels, Inns, Restaurants, Apartments, etc. ..................30
Unlawful Procurement of Electronic, Telephone or Utility Services .............30
False Statements Made as Basis of Imposing Tax or Assessment .................31
Reserved .........................................................................................................31
Deceptive Business Practices .........................................................................31
Defrauding Creditors ......................................................................................32
Securing Execution of Documents by Deception ...........................................33
Criminal Usury ...............................................................................................33
Unlawful Dealing with Property by a Fiduciary.............................................33
Making a False Credit Report .........................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
Reserved .........................................................................................................34
CHAPTER 2: CRIMES AGAINST PERSONS ...........................................................................35
Section 201
Assault in the First Degree .............................................................................35
Section 202
Assault in the Second Degree .........................................................................35
Section 203
Mayhem ..........................................................................................................36
Section 204
Verbal or Written Assault ...............................................................................36
Section 205
Verbal Abuse by a Caretaker ..........................................................................37
Section 206
Omission to Provide for a Child .....................................................................37
ii
Section 207
Section 208
Section 209
Section 210
Section 211
Section 212
Section 213
Section 214
Section 215
Section 216
Section 217
Section 218
Section 219
Section 220
Section 221
Section 222
Section 223
Section 224
Section 225
Section 226
Section 227
Section 228
Section 229
Section 230
Section 231
Section 232
Section 233
Section 234
Section 235
Section 236
Section 237
Section 238
Section 239
Section 240
Section 241
Section 242
Section 243
Section 244
Section 245
Section 246
Section 247
Section 248
Section 249
Section 250
Section 251
Child Endangerment .......................................................................................38
Child Neglect and Child Violence ..................................................................39
Reserved .........................................................................................................40
Truancy ...........................................................................................................40
Homicide in the First Degree ..........................................................................41
Homicide in the Second Degree .....................................................................41
Causing a Suicide ...........................................................................................42
Aiding or Soliciting a Suicide.........................................................................42
Domestic Violence..........................................................................................43
Violation of Domestic Violence Protection Order .........................................44
Reserved .........................................................................................................44
Reserved .........................................................................................................44
Reserved .........................................................................................................45
Reserved .........................................................................................................45
Kidnapping .....................................................................................................45
False Imprisonment ........................................................................................45
Custodial Interference .....................................................................................46
Criminal Coercion ..........................................................................................46
Pointing Weapons at Others ...........................................................................47
Assault on Process Server ...............................................................................47
Assaulting, Resisting, or Impeding Certain Officers or Employees ...............47
Resistance to Extradition Agent .....................................................................48
Assault of Tribal Justice Personnel.................................................................48
Definition of Rape ..........................................................................................48
Rape in the First Degree .................................................................................50
Rape in the Second Degree .............................................................................51
Deviate Sexual Intercourse .............................................................................51
Sexual Assault ................................................................................................52
Sex Trafficking ...............................................................................................53
Rape by Instrument .........................................................................................55
Age Limitation on Conviction for Rape .........................................................56
Slight Penetration is Sufficient to Complete Crime .......................................56
Definition of Force in Sex Offense .................................................................56
Reserved .........................................................................................................56
Robbery...........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
Reserved .........................................................................................................57
iii
CHAPTER THREE: INCHOATE CRIMES ................................................................................58
Section 301
Attempt ...........................................................................................................58
Section 302
Criminal Conspiracy .......................................................................................58
Section 303
Solicitation ......................................................................................................58
Section 304
Reserved .........................................................................................................58
Section 305
Reserved .........................................................................................................58
Section 306
Reserved .........................................................................................................58
Section 307
Reserved .........................................................................................................59
Section 308
Reserved .........................................................................................................59
Section 309
Reserved .........................................................................................................59
Section 310
Reserved .........................................................................................................59
Section 311
Reserved .........................................................................................................59
Section 312
Reserved .........................................................................................................59
Section 313
Reserved .........................................................................................................59
CHAPTER FOUR: CRIMES AGAINST PUBLIC JUSTICE .....................................................60
Section 401
Bribery ............................................................................................................60
Section 402
Improper Influence in Official Matters...........................................................60
Section 403
Retaliation for Past Official Action ................................................................61
Section 404
Improper Gifts to Public Servants ..................................................................61
Section 405
Unofficial Misconduct ....................................................................................62
Section 406
Oppression in Office .......................................................................................62
Section 407
Misusing Public Money ..................................................................................62
Section 408
Perjury in the First Degree ..............................................................................63
Section 409
Perjury in the Second Degree .........................................................................64
Section 410
Tampering with Witnesses .............................................................................65
Section 411
Tampering with Evidence ...............................................................................66
Section 412
Tampering With Public Records ....................................................................66
Section 413
Impersonating a Public Servant; Impersonating a Police Officer ..................67
Section 414
Obstructing Governmental Function ..............................................................67
Section 415
Willfully Disturbing, Interfering With or Disrupting Tribal Business, Agency
or Department Operations, or Employees ..................................................68
Section 416
Prevention of Legislative Meetings; Disturbing Legislative Proceedings;
Refusal to Leave; Forceful or Fraudulent Adjournment ............................68
Section 417
Advocating or Teaching Necessity, Etc., of Crime, Criminal Syndicalism or
Sabotage; Printing, Publishing, Etc., Books, Pamphlets, Etc.; Organizing
or Becoming Member of Society or Assembly; Criminal Syndicalism
Defined; Sabotage Defined ........................................................................69
Section 418
Public Officer Making False Certificate or Writing .......................................70
Section 419
Fraudulent Alteration of Bill or Resolution ....................................................70
Section 420
Acceptance of Emolument, Gratuity, Reward or Unearned Fees ...................70
Section 421
Gratuity or Reward for Appointment .............................................................71
Section 422
Conviction of Legislator Requires Forfeiture of Office .................................71
Section 423
Personal Interest of Official in Transaction ....................................................71
Section 424
Offenses by Officers and Employees .............................................................72
Section 425
Failure to Obey an Officer ..............................................................................72
iv
Section 426
Section 427
Section 428
Section 429
Section 430
Section 431
Section 432
Section 433
Section 434
Section 435
Section 436
Section 437
Section 438
Section 439
Section 440
Section 441
Section 442
Section 443
Section 444
Section 445
Section 446
Section 447
Section 448
Section 449
Section 450
Section 451
Section 452
Section 453
Section 454
Section 455
Section 456
Section 457
Section 458
Section 459
Section 460
Section 461
Section 462
Section 463
False Arrest .....................................................................................................73
Refusing to Aid an Officer .............................................................................73
Obstructing Justice..........................................................................................73
Providing Contraband .....................................................................................74
Resisting Lawful Arrest ..................................................................................74
Escape .............................................................................................................74
Bail Jumping ...................................................................................................75
Failure to Obey a Lawful Order of the Court .................................................75
Unlawful Return of Banished Persons ............................................................75
Aiding Return of Banished Persons ................................................................76
Tampering With A Witness, Victim, or an Informant ....................................76
Unlawful Use of License or Identification Card.............................................78
Attempt to Evade Or Defeat Tax ....................................................................80
Willful Failure to File Return, Supply Information, or Pay Tax or Fee .........80
False Alarms ...................................................................................................80
Doing Business Without A License ................................................................81
Tampering With Public Property ....................................................................81
Injuring Public Property .................................................................................81
Abuse of Office...............................................................................................82
Fraud and False Statements ............................................................................82
Fraudulent Returns, Statements, Or Other Documents ..................................83
Reserved .........................................................................................................83
Reserved .........................................................................................................83
Reserved .........................................................................................................83
Reserved .........................................................................................................83
Compensation for Past Official Behavior .......................................................83
Official Unlawful Action ................................................................................84
Special Influence ............................................................................................84
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
Reserved .........................................................................................................85
CHAPTER FIVE: CRIMES AGAINST PUBLIC HEALTH, SAFETY, AND WELFARE .......86
Section 501
Rioting ............................................................................................................86
Section 502
Failure to Disperse ..........................................................................................86
Section 503
Disorderly Conduct .........................................................................................86
Section 504
Harassment .....................................................................................................88
Section 505
Public Nuisance ..............................................................................................88
Section 506
Disrupting a Public or Religious Assembly....................................................88
v
Section 507
Section 508
Section 509
Section 510
Section 511
Section 512
Section 513
Section 514
Section 515
Section 516
Section 517
Section 518
Section 519
Section 520
Section 521
Section 522
Section 523
Section 524
Section 525
Section 526
Section 527
Section 528
Section 529
Section 530
Section 531
Section 532
Section 533
Section 534
Section 535
Section 536
Section 537
Section 538
Section 539
Section 540
Section 541
Section 542
Section 543
Section 544
Section 545
Section 546
Section 547
Section 548
Weapons Offense ............................................................................................89
Aggravated Weapons Offense ........................................................................89
Dangerous Devices .........................................................................................90
Possessing Firearm with Removed or Defaced Serial or Identification
Number During Commission of Criminal Offense ....................................90
Unlawful Acts Against Constitutional Government .......................................91
Organization to Overthrow the Tribal Government .......................................91
Terrorism ........................................................................................................92
Attempt To Interfere With Administration of Laws .......................................93
Disturbing or Interrupting Funeral..................................................................93
Desecration .....................................................................................................93
Littering ..........................................................................................................94
Smoking in Certain Public Places Prohibited .................................................94
Dumping Within 100 Yards of Public Roadway ............................................97
Unlawful Hazardous Waste Transportation....................................................97
Interfering with or Preventing Firemen or Others from Extinguishing Fires .98
Burn Ban Violation .........................................................................................98
Projecting Object at Public Event ...................................................................99
Planning or Threatening Violent Act ..............................................................99
Violation of Gaming Law ...............................................................................99
Abusing a Corpse ..........................................................................................100
Prostitution....................................................................................................100
Spreading Venereal Disease .........................................................................101
Indecent Exposure; Indecent Exhibitions; Obscene or Indecent Writings,
Pictures, Etc. ............................................................................................102
Lewd or Indecent Proposals or Act to Child Under Age 16 .........................104
Obscene Language in a Public Place, Etc. ....................................................105
Loitering Around Residence, Etc., to Watch Occupants ..............................105
Obscenity, Threats, or Harassment by Telephone or Other Electronic
Communication ........................................................................................105
Stalking .........................................................................................................107
Sale of Intoxicating Beverage, Drug, or Other Intoxicating Substance to
Minors ......................................................................................................107
Intoxication ...................................................................................................108
Possession of an Alcoholic Beverage ...........................................................108
Tobacco Offenses .........................................................................................108
Abuse of Psychotoxic Chemical Solvents ....................................................109
Drug Offense ................................................................................................110
Reserved .......................................................................................................111
Unlawful Flight .............................................................................................111
Prohibition Against Carry-Out of Open Containers .....................................112
Possession or Sale of Drug Related Paraphernalia .......................................112
Displaying Material Harmful to Minors .......................................................115
Smoking in Indoor Public Places and Workplaces .......................................117
Leaving Child Unattended in Vehicle, Residence Or Building ....................119
Allowing or Encouraging Minor to Commit Offenses .................................119
vi
Section 549
Section 550
Section 551
Section 552
Section 553
Section 554
Section 555
Section 556
Section 557
Section 558
Section 559
Section 560
Section 561
Section 562
Section 563
Section 564
Section 565
Section 566
Section 567
Section 568
Section 569
Section 570
Section 571
Section 572
Section 573
Section 574
Section 575
Section 576
Section 577
Section 578
Section 579
Section 580
Section 581
Section 582
Section 583
Section 584
Parental Responsibility Failure .....................................................................120
Commission Of Crime In Presence Of Minor ..............................................120
Cruelty to Animals ........................................................................................120
Livestock Offense .........................................................................................121
Fires Left Unattended and Unextinguished ..................................................122
Failure to Report Child Abuse ......................................................................122
Interjurisdictional Violation of Protection Order .........................................124
Failure to Register as Sex Offender ..............................................................125
Obstruction of Sex Offender Registration ....................................................125
Reserved .......................................................................................................126
Reserved .......................................................................................................126
Reserved .......................................................................................................126
False Reports ................................................................................................126
Emergency Telephone Abuse .......................................................................126
Violation of Privacy......................................................................................127
Criminal Defamation ....................................................................................127
Conducting Gambling; Playing Gambling; Permitting Gambling on
Premises; Seizure of Gambling Equipment .............................................128
Waters Offense .............................................................................................130
Contributing to the Delinquency of a Minor ................................................131
Harboring an Endangered Runaway Child ...................................................131
Causing Delinquency ....................................................................................132
Neglect of Child on Probation ......................................................................132
Trafficking In Children .................................................................................133
Curfew Violation ..........................................................................................133
Fireworks Offense ........................................................................................135
Hosting, Permitting or Allowing a Party, Gathering or Event Where Minors
Are Consuming Alcoholic Beverages, Drugs, or Other Intoxicating
Substances ................................................................................................136
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
Reserved .......................................................................................................137
CHAPTER SIX: TRAFFIC OFFENSES .....................................................................................138
Section 601
Definitions ....................................................................................................138
Section 602
Driving While License is Suspended or Revoked ........................................138
Section 603
Careless Driving ...........................................................................................138
Section 604
Reckless Driving...........................................................................................138
Section 605
Driving While Intoxicated ............................................................................139
vii
Section 606
Section 607
Section 608
Section 609
Section 610
Section 611
Section 612
Section 613
Section 614
Section 615
Section 616
Section 617
Section 618
Section 619
Section 620
Section 621
Section 622
Section 623
Section 624
Section 625
Section 626
Section 627
Section 628
Section 629
Section 630
Section 631
Section 632
Section 633
Section 634
Section 635
Section 636
Section 637
Section 638
Section 639
Section 640
Section 641
Section 642
Section 643
Section 644
Duties of Drivers Involved in Accidents Involving Deaths or Personal
Injuries .....................................................................................................139
Duty Upon Striking Unattended Vehicle ......................................................140
Duty Upon Striking Highway Fixtures .........................................................140
When Driver Unable to Report .....................................................................140
Driver's License in Possession ......................................................................140
Permitting Unauthorized Person to Drive.....................................................141
Traffic Control and Signal Devices ..............................................................141
Following Too Closely .................................................................................141
Stopping for School Bus ...............................................................................141
Entering Public Road from Private Road .....................................................142
Right of Way at Intersection .........................................................................142
Failure to Stop at Stop Sign and Yielding Right of Way .............................142
Driving on Right Side ...................................................................................142
Passing Oncoming Vehicles .........................................................................142
Passing and Turning on Curve or Crest ........................................................143
Unsafe Vehicles ............................................................................................143
Speed Limits .................................................................................................144
When Lights Are Required to Be On ...........................................................145
Pedestrians ....................................................................................................145
Throwing Trash on Roads and Roadways ....................................................145
Illegal Parking ...............................................................................................145
Failure to Stop When Directed by Police .....................................................146
Failure to Yield Right of Way to Emergency Vehicles ................................146
Obstruction of Public Highways or Streets ..................................................147
Motor Vehicle Registration Violation ..........................................................147
Seizure of Vehicle Not Displaying Proper Tag; Sale ...................................148
Destroying Traffic, Boundary, and Warning Signs ......................................149
Insurance Verification in Possession ............................................................149
Violation of Vehicle License Registration Requirement ..............................149
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
Reserved .......................................................................................................150
viii
Section 1
Short Title
This Code may be cited as the Criminal Offenses Code for the Miami Tribe of Oklahoma.
Section 2
A.
B.
C.
D.
Section 3
A.
Application
This Code shall apply to all Indian and non-Indian persons violating its provisions
within the territorial jurisdiction of the Tribe, provided, that the provisions of Chapter
Four of this Code shall apply to all members of the Tribe and all Indian residents of
the jurisdiction of the Tribe wherever such violation may occur, if such violation has
any actual or intended effect upon the political integrity or political or economic
security of the Tribe.
Except as provided in Section 3, below, this Code shall apply to non-Indians violating
its provisions within the territorial jurisdiction of the Tribe to the extent not
inconsistent with federal law, and to the extent that any person found to have violated
any provision of this Code may be prosecuted in a civil action, and shall be subject to
all of the remedies, sanctions, and punishments available at law, except that the nonIndian offender shall not be subject to jail or incarceration by the Court as a possible
punishment for a tribal offense in said civil action. The non-Indian, in such cases,
shall have all the procedural rights of a criminal defendant, and such cases shall be
tried by the rules of criminal procedure. The Courts shall retain the inherent and
statutory powers of civil contempt and legal and equitable relief which are herein
expressly preserved.
Except as provided in Section 3, below, this Code shall apply to non-Indians violating
its provisions within the territorial jurisdiction of the Tribe to the extent not
inconsistent with federal law, and to the extent that any person found to have violated
any provision of this Code may be banished from the jurisdiction of the Tribe for a
period of not more than ten (10) years, or for such longer term as may be imposed by
the section violated, in a civil proceeding brought by the Tribal Prosecutor. The nonIndian, in such cases, shall have all the procedural rights of a criminal defendant, and
such cases shall be tried by the rules of criminal procedure. The exclusion authority
vested to the Court herein does not limit, diminish, modify, replace, or otherwise
affect the inherent authority of the Tribe to exclude any person from its Indian
country by an act of the Miami General Council or Business Committee.
Except as provided in Section 3, below, each violation of any provision of this Code
or any other tribal law, including by a non-Indian, shall be considered a civil violation
subject to enforcement by any means not prohibited by federal law, including but not
limited to, the issuance of fines, forfeitures, costs, civil contempt, and exclusion.
Special Tribal Criminal Jurisdiction
Special Tribal Criminal Jurisdiction. Pursuant to 25 U.S.C. § 1304, the Tribe is a
participating tribe in the expansions of tribal criminal jurisdiction authorized by the
Indian Civil Rights Act, as amended, and exercises its “Special Tribal Criminal
Jurisdiction” as follows:
1
B.
1.
The Tribe’s Special Tribal Criminal Jurisdiction applies to any person in the
Tribe’s Indian country;
2.
The Tribe’s exercise of Special Tribal Criminal Jurisdiction applies to
offenses that are Covered Crimes, as defined in this Section 3(B);
3.
In exercising its Special Tribal Criminal Jurisdiction, the Tribe (including its
agents and officers) has all authority required to carry out the recognition of
jurisdiction under 25 U.S.C. § 1304, including, without limitation, the powers
of investigation, arrest, detention, prosecution, adjudication, subpoena, and
execution of sentences;
4.
The Tribe may exercise Special Tribal Criminal Jurisdiction over an alleged
offense if both the offender and the victim are non-Indians only in cases of
obstruction of justice or assault of Tribal justice personnel;
5.
The Tribe’s exercise of Special Tribal Criminal Jurisdiction shall be subject to
the substantive and procedural requirements imposed by 25 U.S.C. § 1304 as
codified in Section 104 of the Tribe’s Rules of Criminal Procedure;
6.
No provision of this Section 3 shall be interpreted to restrict a law
enforcement officer’s duty to keep the peace, enforce the proper banishment
of a non-Indian, or prohibit a law enforcement officer from detaining nonIndian offenders and turning them over to the proper authorities for
prosecution.
Covered Crimes. The Tribe shall exercise its Special Tribal Criminal Jurisdiction
under this Section 3 over conduct in the Tribe’s Indian country that falls into one or
more of the following categories of Covered Crime:
1.
2.
Assault on Tribal Justice Personnel is any violation of this Code that involves
the use, attempted use, or threatened use of physical force against an
individual authorized to act for, or on behalf of, the Tribe or serving the Tribe,
or because of the performance or duties of that individual in— (A) preventing,
detecting, investigating, making arrests relating to, making apprehensions for,
or prosecuting a covered crime; (B) adjudicating, participating in the
adjudication of, or supporting the adjudication of a covered crime; or (C)
detaining, providing supervision for, or providing services for persons charged
with a covered crime; or (D) incarcerating, supervising, providing treatment
for, providing rehabilitation services for, or providing reentry services for
persons convicted of a covered crime. Assault of Tribal Justice Personnel
includes, without limitation, a violation of Section 229 (Assault of Tribal
Justice Personnel), when committed under the circumstances described in this
subdivision.
Child Violence is the use, threatened use, or attempted use of violence against
a person who has not yet attained the age of 18 that is proscribed by this Code.
2
Child Violence includes, without limitation, the offenses identified in Section
107 (Bombs and Explosives; Foul, Poisonous, Offensive or Injurious
Substances; Threats); Section 201 (Assault in the First Degree); Section 202
(Assault in the Second Degree); Section 203 (Mayhem); Section 204 (Verbal
or Written Assault); Section 205 (Verbal Abuse by a Caretaker); Section 208
(Child Neglect and Child Violence); Section 211 (Homicide in the First
Degree); Section 212 (Homicide in the Second Degree); Section 213 (Causing
Suicide); Section 221 (Kidnapping); Section 222 (False Imprisonment);
Section 224 (Criminal Coercion); Section 241 (Robbery); Section 503
(Disorderly Conduct); Section 504 (Harassment); Section 508 (Aggravated
Weapons Offense); Section 509 (Dangerous Device); Section 524 (Planning
or Threatening Violent Act); and Section 553 (Obscenity, Threats, or
Harassment by Telephone or Other Electronic Communication), in which a
victim is a person who has not yet attained the age of 18.
3.
Dating Violence is any violation of this Code where the violation is
committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim, as determined by the length of the
relationship, the type of relationship, and the frequency of interaction between
the persons involved in the relationship. Dating Violence includes, without
limitation, the offenses identified in Section 107 (Bombs and Explosives;
Foul, Poisonous, Offensive or Injurious Substances; Threats); Section 201
(Assault in the First Degree); Section 202 (Assault in the Second Degree);
Section 203 (Mayhem); Section 204 (Verbal or Written Assault); Section 205
(Verbal Abuse by a Caretaker); Section 211 (Homicide in the First Degree);
Section 212 (Homicide in the Second Degree); Section 213 (Causing Suicide);
Section 221 (Kidnapping); Section 222 (False Imprisonment); Section 224
(Criminal Coercion); Section 241 (Robbery); Section 503 (Disorderly
Conduct); Section 504 (Harassment); Section 508 (Aggravated Weapons
Offense); Section 509 (Dangerous Device); Section 524 (Planning or
Threatening Violent Act); and Section 553 (Obscenity, Threats, or
Harassment by Telephone or Other Electronic Communication), when
committed under the circumstances described in this subdivision.
4.
Domestic Violence is any violation of this Code that is committed by: (A) a
current or former spouse or intimate partner of the victim; (B) a person with
whom the victim shares a child in common; (C) a person who is cohabitating
with or who has cohabitated with the victim as a spouse or intimate partner; or
(D) a Family or household member or dating partner, as defined in Section
215(E). Domestic Violence includes, without limitation, the offenses
identified in Section 107 (Bombs and Explosives; Foul, Poisonous, Offensive
or Injurious Substances; Threats); Section 201 (Assault in the First Degree);
Section 202 (Assault in the Second Degree); Section 203 (Mayhem); Section
204 (Verbal or Written Assault); Section 205 (Verbal Abuse by a Caretaker);
Section 211 (Homicide in the First Degree); Section 212 (Homicide in the
Second Degree); Section 213 (Causing Suicide); Section 221 (Kidnapping);
3
Section 222 (False Imprisonment); Section 224 (Criminal Coercion); Section
241 (Robbery); Section 503 (Disorderly Conduct); Section 504 (Harassment);
Section 508 (Aggravated Weapons Offense); Section 509 (Dangerous
Device); Section 524 (Planning or Threatening Violent Act); and Section 553
(Obscenity, Threats, or Harassment by Telephone or Other Electronic
Communication), when committed under the circumstances described in this
subdivision.
5.
Obstruction of Justice is any violation of this Code that involves interfering
with the administration or due process of the laws of the Tribe, including any
Tribal criminal proceeding or investigation of a crime. Obstruction of Justice
includes, without limitation, the offenses identified in Section 114 (Theft or
Receipt of Stolen Mail); Section 115 (Destruction of Letter Boxes or Mail);
Section 117 (Obstruction of Correspondence); Section 119 (Blackmail);
Section 121 (Extortion); Section 135 (Possession of Forged Instruments);
Section 136 (Forgery); Section 138 (Fraudulent Handling of Recordable
Instruments); Section 139 (Tampering with Records); Section 223 (Criminal
Coercion); Section 226 (Assault on Process); Section 227 (Assaulting,
Resisting, or Impeding Certain Officers or Employees); Section 228
(Resistance to Extradition Agent); Section 303 (Solicitation); crimes
enumerated in Chapter 4 (Crimes Against Public Justice); 501 (Rioting);
Section 502 (Failure to Disperse); Section 503 (Disorderly Conduct); Section
504 (Harassment); Section 506 (Disrupting a Public or Religious Assembly);
Section 513 (Terrorism); Section 514 (Attempt to Interfere With
Administration of Laws); Section 533 (Obscenity, Threats, or Harassment by
Telephone or Other Electronic Communication); Section 542 (Unlawful
Flight); Section 554 (Failure to Report Child Abuse); Section 555
(Interjurisdictional Violation of a Protection Order); Section 556 (Failure to
Register As Sex Offender); Section 557 (Obstruction of Sex Offender
Registry); Section 561 (False Reports); Section 562 (Emergency Telephone
Abuse); Section 567 (Contributing to the Delinquency of a Minor); Section
568 (Harboring an Endangered Runaway Child); and Section 570 (Neglect of
Child on Probation), when committed under the circumstances described in
this subdivision.
6.
Sexual Violence is any nonconsensual sexual act or contact proscribed by this
Code, including in any case in which the victim lacks the capacity to consent
to the act. Sexual Violence includes, without limitation, the offenses identified
in Section 231 (Rape in the First Degree); Section 232 (Rape in the Second
Degree); Section 233 (Deviate Sexual Intercourse); 234 (Sexual Assault);
Section 236 (Rape by Instrument); when committed under the circumstances
described in this subdivision.
7.
Sex Trafficking is conduct within the meaning of 18 U.S.C. § 1591(a),
including the offense of sex trafficking as defined under Section 235 (Sex
Trafficking).
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8.
Stalking is engaging in a course of conduct directed at a specific person, in
violation of this Code, that would cause a reasonable person—(A) to fear for
the person’s safety or the safety of others; or (B) to suffer substantial
emotional distress. Stalking includes, without limitation, the offense identified
in Section 534 (Stalking), when committed under the circumstances provided
in this subdivision.
9.
Violation of a Protective Order is an act that— (A) occurs in the Tribe’s
Indian country; and (B) violates a provision of a protection order that— (i)
prohibits or provides protection against violent or threatening acts or
harassment against, sexual violence against, contact or communication with,
or physical proximity to, another person; (ii) was issued against the defendant;
(iii) is enforceable by the Tribe; and (iv) is consistent with 18 U.S.C. §
2265(b).
For the purpose of this subdivision, the term “protection order” means any
injunction, restraining order, or other order issued by a civil or criminal court
for the purpose of preventing violent or threatening acts or harassment against,
sexual violence against, contact or communication with, or physical proximity
to, another person. It includes any temporary or final order issued by a civil or
criminal court, whether obtained by filing an independent action or as a
Pendente lite order in another proceeding, if the civil or criminal order was
issued in response to a complaint, petition, or motion filed by or on behalf of
the person seeking protection.
10.
Section 4
Offenses Not Enumerated. Any person who engages in conduct that
constitutes an offense under this Code, where such offense is committed under
circumstances that constitute the elements of any Covered Crime, shall be
subject to the Tribe’s Special Tribal Criminal Jurisdiction, whether or not the
particular offense is identified in this Section 3(B) as an example of a Covered
Crime.
C.F.R. Not Applicable
Any and all provisions of Part 11 of Title 25 of the United States Code of Federal
Regulations as presently or hereafter constituted are declared to be not applicable to the Tribe.
Section 5
Civil and Criminal Immunity for Persons Aiding Police Officers
Private citizens aiding a police officer in the performance of the officer’s duties as a
police officer shall have the same civil and criminal immunity as a police officer, as a result of
any act or commission for aiding or attempting to aid a police officer, when such officer is in
imminent danger of loss of life or grave bodily injury or when such officer requests such
assistance and when such action was taken under emergency conditions and in good faith.
5
Every federal, state, and local law enforcement officer engaged in the performance of
official duties as a federal, state, and local law enforcement officer or when serving as a police
officer for the Miami Tribe of Oklahoma shall have the same immunity from civil and criminal
actions as any other officer performing official duties within this jurisdiction. The Miami Tribe
of Oklahoma or any of its political subdivisions shall not assume the liability for or provide the
legal representation for any federal, state, and local law enforcement officer serving as police
officers of the Miami Tribe of Oklahoma.
Section 6
Constitution and Interpretation
Each act, event or occurrence in violation of the tribal criminal laws shall constitute a
separate offense and shall be punishable as a separate violation. Each day that any violation
occurs or continues shall constitute a separate offense and shall be punishable as a separate
violation. Every act, conduct, thing, or transaction in violation of the tribal criminal laws shall
constitute a separate offense as to each item, issue or title involved and shall be punishable as
such.
Section 7
Definitions
1.
“Courts” or “Tribal Courts” means the Courts of the Miami Tribe of
Oklahoma
2.
“Indian country” or “Indian lands” for purposes of Special Tribal Criminal
Jurisdiction over a non-Indian Defendant means the definition given in 18
U.S.C. § 1151 and for all other purposes means that land or territory subject to
the jurisdiction of the Miami Tribe of Oklahoma, including lands defined at
18 U.S.C. § 1151 or 25 U.S.C. § 2710, and any interest in realty, held in fee or
otherwise, by the Miami Tribe of Oklahoma, its agencies or political
subdivisions.
3.
“Judge” means any Magistrate, Judge, or Justice of the Courts of the Miami
Tribe of Oklahoma.
4.
“Legislature” means the Business Committee of the Miami Tribe of
Oklahoma
5.
“Person” or “One” means and includes an individual, firm, partnership,
corporation, or association.
6.
"Tribe" or "Tribal" means the Miami Tribe of Oklahoma. The term includes
political subdivisions, agencies, departments, sections of tribal management,
tribal business enterprises, tribally-chartered corporations, all elected or
appointed officers or members of any tribal governing body, and other
individuals designated or authorized to act for any of the above who are acting
in good faith within that designation or authority, and all of their employees,
except independent contractors, acting in good faith within the scope of that
6
employment, whether performing governmental or proprietary functions and
whether acting together or singularly.
Section 8
Rehabilitative, Restorative, and Remedial Sanctions Authorized
In addition to the maximum range of punishments authorized for each violation of law,
the Courts are authorized to impose upon the offender such requirements and measures as the
Courts deem just and proper and which would serve the interests of the Tribe, the parties, and
justice. The orders of the Courts may include, but are not limited to: restoration, restitution,
community service, rehabilitation, treatment, counseling, education, supervised release,
probation, protection, fees, costs, seizure, forfeiture, and exclusion.
Section 9
Criminal Forfeiture Authorized
A.
The Court, in imposing a sentence on a person convicted of an offense in violation of
the Constitution or any criminal offense, shall order that the person forfeit to the
Tribe any property, real or personal, possessed, used or involved in such offenses, or
any property traceable to such property, regardless of whether the property has
already been seized.
B.
The Court, in imposing a sentence on a person convicted of a violation of, or a
conspiracy to violate, any provision of the Constitution and Bylaws or other criminal
offense shall order that the person forfeit to the Tribe any property constituting, or
derived from, proceeds the person obtained directly or indirectly, as the result of such
violation.
C.
The Court, in imposing a sentence upon a person convicted of a crime against
property shall order that the person forfeit to the Tribe any property, real or personal,
which represents or is traceable to the gross receipts obtained, directly or indirectly,
as a result of such violation
D.
With respect to an offense of a crime against property, committed for the purpose of
executing or attempting to execute any scheme or artifice to defraud, or for obtaining
money or property by means of false or fraudulent statements, pretenses,
representations, or promises, the gross receipts of such an offense shall include any
property, real or personal, tangible or intangible, which is obtained, directly or
indirectly, as a result of such offense.
E.
The Court, in imposing a sentence on a person convicted of a crime against property
shall order that the person forfeit to the Tribe any property, real or personal, which
represents or is traceable to the gross proceeds obtained, directly or indirectly, as a
result of such violation.
F.
The Court, in imposing a sentence on a person convicted of a criminal offense shall
order that the person forfeit to the Tribe:
7
1.
any conveyance, including any vessel, vehicle, or aircraft or any other property
used in the commission of the offense of which the person is convicted; and
2.
any property real or personal—
a.
that constitutes, or is derived from or is traceable to the proceeds
obtained directly or indirectly from the commission of the offense of
which the person is convicted; or
b.
that is used to facilitate, or is intended to be used to facilitate, the
commission of the offense of which the person is convicted.
G.
The Court, in imposing a sentence on a person described in subsection F shall order
that the person forfeit to the Tribe all property described in that subsection.
H.
The forfeiture of property under this section, including any seizure and disposition of
the property and any related judicial or administrative proceeding, shall be governed
by the provisions of tribal law.
Section 10
Conduct on Tribal Property: Certain Conduct Regulated, Prohibited
To the extent not inconsistent with applicable federal law, the Tribe, through its executive
branch, has the plenary authority to conduct warrantless routine administrative searches of
persons and property in tribal facilities and on tribal property in order to protect persons and to
prevent the introduction of contraband. The Tribe, through its executive, legislative, and judicial
branches, possesses the authority to establish and enforce minimum standards of conduct and to
provide remedies and penalties designed to promote public safety, provide for the general
welfare, and to promote the orderly administration of tribal programs, services, operations, and
activities. The branches of tribal government retain such authority and shall establish and
maintain adequate security measures in tribal facilities and on tribal property designed to better
protect the Tribe's critical infrastructure and key resources.
Section 11
Persons Capable of Committing Crimes
All persons are capable of committing crimes, except those belonging to the following
classes:
1.
Children under the age of seven (7) years;
2.
Children over the age of seven (7) years, but under the age of fourteen (14)
years, in the absence of proof that, at the time of committing the act or neglect
charged against them, they knew its wrongfulness;
3.
Persons who are impaired by reason of an intellectual disability upon proof
that, at the time of committing the act charged against them. they were
incapable of knowing its wrongfulness;
8
Section 12
4.
Mentally ill persons, and all persons of unsound mind, including persons
temporarily or partially deprived of reason, upon proof that, at the time of
committing the act charged against them, they were incapable of knowing its
wrongfulness;
5.
Persons who committed the act, or made the omission charged, under an
ignorance or mistake of fact which disproves any criminal intent. But
ignorance of the law does not excuse from punishment for its violation;
6.
Persons who committed the act charged without being conscious thereof; and
7.
Persons who committed the act, or make the omission charged, while under
involuntary subjection to the power of superiors.
Voluntary Intoxication Not Mitigating
No act committed by a person while in a state of voluntary intoxication shall be deemed
less criminal by reason of his having been in such condition.
Section 13
Culpability Required Unless Otherwise Provided
When the culpability sufficient to establish a material element of an offense is not
provided by this Code, such element is established if a person acts willfully with respect thereto.
When applied to the intent with which an act is done or omitted, the term “willfully” means
simply a purpose or willingness to commit the act or omission referred to. It does not require
intent to violate law, or to injury another, or to acquire an advantage.
Section 14
Restitution
In addition to imposing a sentence under the Criminal Offenses Code for the Miami Tribe
of Oklahoma, the court may order the person convicted to make reasonable restitution to the
victim(s) of the crime or offense for the actual physical injury or property damage or loss
sustained by the victim as a direct result of the offense for which the defendant has been
convicted. With the consent of the parties, the court may order restitution for the actual physical
injury or property damage, or loss sustained by the victim, for an offense dismissed pursuant to
plea negotiations. An order of restitution shall not preclude the victim from seeking any other
legal remedy.
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CHAPTER ONE: CRIMES AGAINST PROPERTY
Section 101
A.
Arson in the First Degree
It shall be unlawful to knowingly and willfully start a fire or cause an explosion with
the purpose of:
1.
Destroying or damaging any building, dwelling, occupied structure, or other
property of another exceeding One Thousand Dollars ($1,000.00) in value; or
2.
Destroying or damaging any property, by whoever owned, to collect insurance
for such loss.
B.
Arson in the first degree shall be punishable by a fine of not less than Two Hundred
Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00); or by
imprisonment in the Tribal jail for a term of not less than three (3) months nor more
than one (1) year; or by banishment for a period of not less than five (5) nor more
than ten (10) years; or any combination of the above sentences.
C.
Should the commission of the offense result in the death of or serious bodily injury to
any person, a sentence of banishment may be imposed for any period not exceeding
life in addition to the punishment authorized above.
Section 102
A.
B.
It shall be unlawful to knowingly or recklessly, carelessly, or negligently, without
regard to the consequences, start a fire or cause an explosion which:
1.
Endangers human safety or life; or
2.
Damages or destroys the property of another.
Arson in the second degree shall be punishable by a fine of not less than Two
Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00),
or by imprisonment in the Tribal jail for a term not exceeding one (1) year, or both.
Section 103
A.
Arson in the Second Degree
Arson in the Third Degree
It shall be unlawful after having started any fire, even though started safely for a
lawful purpose, to fail to either:
1.
Take reasonable measures to put out or control the fire; or
2.
Give prompt alarm, if the fire is spreading in such manner that it may
endanger the life or property of another.
10
B.
Arson in the third degree shall be punishable by a fine of not less than Two Hundred
Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by
imprisonment in the Tribal jail for a period not exceeding three (3) months, or both.
Section 104
A.
B.
Criminal Mischief
It shall be unlawful to:
1.
Injure, deface, damage, or destroy any real or personal property of another; or
2.
Tamper with the property of another so as to recklessly endanger the safety of
another, or recklessly cause any damage to any property or utility service; or
3.
Damage, destroy, maim, or deface any domestic animal property of another;
or
4.
Purposely or recklessly shoot or propel a missile or other object upon or
against a motor vehicle, airplanes, boat, locomotive or train.
Criminal mischief shall be punishable by a fine of not more than Five Hundred
Dollars ($500.00), or by imprisonment in the Tribal jail for not more than three (3)
months, or both.
Section 105
Litter from Vehicle; Flaming and Glowing Substances; Burn Bans
A.
It shall be unlawful for the operator of a vehicle, unless any other person in the
vehicle admits to or is identified as having committed the act, to commit any act of
throwing, dropping, depositing, or otherwise placing any litter from a vehicle,
including motor vehicles, trailers, or parts thereof, upon highways, roads, or public
property.
B.
If any other person in the vehicle admits to or is identified as having committed the
act of throwing, dropping, depositing, or otherwise placing any litter from a vehicle,
including motor vehicles, trailers, or parts thereof, upon highways, roads, or public
property, the person shall be punishable under this section.
C.
Litter from vehicle shall be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00) or by imprisonment in the Tribal jail for not more than one (1) year, or
both.
D.
During a declared burn ban by the Chairman, any person convicted of violating the
provisions of subsection A of this section with any flaming or glowing substances
except those which by law may be placed upon highway rights-of-way, or any
substance which may cause a fire shall be punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00) or by imprisonment in the Tribal jail for not more than
one (1) year, or both. The penalties collected from the payment of the citations shall,
11
after deduction of court costs, be paid to the fire department of the district in which
the flaming or glowing substance was discarded.
E.
As used in this section, “litter” means any flaming or glowing substances except those
which by law may be placed upon highway rights-of-way, any substance which may
cause a fire, any bottles, cans, trash, garbage, or debris of any kind. As used in this
section, “litter” shall not include trash, garbage, or debris placed beside a public road
for collection by a garbage or collection agency, or deposited upon or within public
property designated by the Tribe or by any of its agencies or political subdivisions as
an appropriate place for such deposits if the person making the deposit is authorized
to use the property for such purpose.
Section 106
Dumping Trash on Public or Private Property Without Consent; Flaming and
Glowing Substances
A.
It shall be unlawful for any person to deliberately place, throw, drop, dump, deposit,
or discard any garbage, trash, waste, rubbish, refuse, debris, or other deleterious or
combustible substance on any public property or on any private property of another
without consent of the property owner.
B.
Dumping trash on public or private property without consent shall be punishable by a
fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the
Tribal jail for not more than one (1) year, or both.
C.
Violation of the provisions of subsection A of this section with any flaming or
glowing substance, or any substance which may cause a fire, including during a burn
ban declared by the Chairman, shall be punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00),or by imprisonment in the tribal jail for not more than
one (1) year, or by both such fine and imprisonment. The penalties collected from the
payment of the citations shall, after deduction of court costs, be paid to the fire
department of the district in which the flaming or glowing substance was discarded.
Any person violating the provisions of this subsection shall be liable for all damages
caused by the violation.
D.
In addition to the punishment prescribed by subsections B and C of this section, the
Court shall direct the person to make restitution to the property owner affected; to
remove and properly dispose of the garbage, trash, waste, rubbish, refuse, or debris
from the property; to pick up, remove, and properly dispose of garbage, trash,
rubbish, refuse, debris, and other nonhazardous deleterious substances from public
property; or perform community service or any combination of the foregoing which
the court, in its discretion, deems appropriate. The dates, times, and locations of such
activities shall be scheduled by the Police Chief pursuant to the order of the court in
such a manner as not to interfere with the employment or family responsibilities of
the person.
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E.
The discovery of two or more items which have been dropped, dumped, deposited,
discarded, placed, or thrown at one location and which bear a common address in a
form which tends to identify the latest owner of the items shall create a rebuttable
presumption that any competent person residing at such address committed the
unlawful act.
Section 107
A.
Bombs and Explosives; Foul, Poisonous, Offensive or Injurious Substances;
Threats
It shall be unlawful to willfully or maliciously commit any of the following acts:
1.
Place in, upon, under, against, or near to any building, car, truck, aircraft,
motor, or other vehicle, vessel, railroad, railway car, or locomotive, or
structure, any explosive or incendiary device with unlawful intent to destroy,
throw down, or injure, in whole or in part, such property, or conspire, aid,
counsel or procure the destruction of any building, public or private, or any
car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or
locomotive, or structure; or
2.
Place in, upon, under, against, or near to any building, car, truck, aircraft,
motor, or other vehicle, vessel, railroad, railway car, or locomotive, or
structure, any explosive or incendiary device with intent to destroy, throw
down, or injure in whole or in part, under circumstances that, if such intent
were accomplished, human life or safety would be endangered thereby; or
3.
By the explosion of any explosive or the igniting of any incendiary device
destroy, throw down, or injure any property of another person, or cause injury
to another person; or
4.
Manufacture, sell, transport, or possess any explosive, the component parts of
an explosive, an incendiary device, or simulated bomb with knowledge or
intent that it or they will be used to unlawfully kill, injure, or intimidate any
person, or unlawfully damage any real or personal property; or
5.
Place in, upon, under, against, or near to any building, car, truck, aircraft,
motor, or other vehicle, vessel, railroad, railway car, or locomotive, or
structure, any foul, poisonous, offensive or injurious substance or compound,
explosive, incendiary device, or simulated bomb with intent to wrongfully
injure, molest, or coerce another person or to injure or damage the property of
another person; or
6.
Injure, damage, or attempt to damage by an explosive or incendiary device
any person, persons, or property, whether real or personal; or
7.
Make any threat or convey information known to be false, concerning an
attempt or alleged attempt to kill, injure, or intimidate any person or
13
unlawfully damage any real or personal property by means of an explosive,
incendiary device, or simulated bomb; or
8.
Manufacture, sell, deliver, mail, or send an explosive, incendiary device, or
simulated bomb to another person; or
9.
While committing or attempting to commit any criminal offense, possess,
display, or threaten to use any explosive, incendiary device, or simulated
bomb.
B.
Nothing contained herein shall be construed to apply to, or repeal any laws pertaining
to, the acts of mischief of juveniles involving no injurious firecrackers or devices
commonly called "stink bombs."
C.
Violation of this section shall be punishable by a fine not to exceed Five Thousand
Dollars ($5,000.00) or by imprisonment in the Tribal jail for not more than one (1) year,
or both.
Section 108
Malicious Mischief to Government Property or Contracts
A.
It shall be unlawful to willfully injure or commit any depredation against any
property of the Tribe, or of any department or agency thereof, or any property which
has been or is being manufactured or constructed for the Tribe, or any department or
agency thereof, or attempts to commit any of the foregoing offenses.
B.
Malicious Mischief to Government Property or Contracts shall be punishable by a
fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in the
Tribal jail for not more than one (1) year, or both.
Section 109
Trees Cut or Injured
A.
It shall be unlawful to cut, or wantonly injure or destroy any tree growing, standing,
or being upon any land of the United States which, in pursuance of law, has been
reserved or purchased by the United States for any public use, or upon any Indian
reservation, or lands belonging to or occupied by any tribe of Indians under the
authority of the United States, or any Indian allotment while the title to the same shall
be held in trust by the Government, or while the same shall remain inalienable by the
allottee without the consent of the United States.
B.
Trees cut or injured shall be punishable by a fine not to exceed One Thousand Dollars
($1,000.00), or by imprisonment in the Tribal jail for not more than three (3) months,
or both.
Section 110
A.
Burglary
It shall be unlawful to break into by any force whatsoever and enter the dwelling
14
house of another, in which there is at the time a human being, with intent to commit
any crime therein, either:
1.
By forcibly bursting or breaking the wall, or an outer door, window, or shutter
of a window of such house, or the lock or bolts of such door, or the fastening
of such window or shutter; or
2.
By breaking in any other manner, being armed with a dangerous weapon, or
being assisted or aided by one or more confederates then actually present; or
3.
By unlocking an outer door by means of false keys or by picking the lock
thereof, or by lifting a latch or opening a window, is guilty of burglary in the
first degree.
B.
It shall be unlawful to break into by any force whatsoever and enter in any manner
any dwelling in which there is no human at the time, building, office, room,
apartment, tenement, shop warehouse, store, mill, barn, stable, garage, tent, vessel,
railroad car, airplane, motor vehicle, trailer, or semi-trailer, mobile home, or any
similar enclosed structure of another without consent with the intent to steal or
commit any offense punishable by imprisonment.
C.
Burglary as set forth in subsection A of this section, shall be punishable by a fine of
not less than One Thousand Dollars ($1,000) nor more than Five Thousand Dollars
($5,000); or by imprisonment in Tribal jail for no more than two (2) years, or by
banishment for a period of not less than five (5) years or any period not exceeding
life; or by any combination of the above sentence.
D.
Burglary as set forth in subsection B of this section, shall be punishable by a fine of
not less than Two Hundred and Fifty Dollars ($250.00) nor more than Five Thousand
Dollars ($5,000.00); or, by imprisonment in the Tribal jail for not less than three (3)
months nor more than one (1) year; or, by banishment for a period of not less than
five (5) years nor more than ten (10) years; or by any combination of the above
sentences.
E.
Should the commission of the offense result in the death of or serious bodily injury to
any person, a sentence of banishment may be imposed for any period not exceeding
life in addition to the punishment authorized above.
F.
The term “dwelling house” includes every house or edifice, any part of which has
usually been occupied by any person lodging therein at night, and any structure
jointed to and immediately connected with such house or edifice.
G.
The term “dwelling” includes every house, trailer, vessel, apartment, or other
premises, any part of which has been usually occupied by a person lodging therein at
night and any structure jointed to and immediately connected with such house, trailer,
or apartment.
15
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1431 for violations of subsection (A) of this section and 21
Okla. Stat. Ann. § 1435 for violations of subsection (B) or the State of Oklahoma’s counterpart
for this same offense as it may be further amended from time to time.
Section 111
A.
Breaking and Entering
It shall be unlawful to break into by any force whatsoever and enter in any manner
any dwelling, building, office, room, apartment, tenement, shop, warehouse, store,
mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle trailer or
semi-trailer, mobile home, trunk, drawer, box, coin operated machine, or similar
structure, object, or device of another without consent with the intent to:
1.
Cause annoyance or injury to any person therein; o;
2.
Cause damage to any property therein; or
3.
Commit any offense therein; or
4.
Steal; or
5.
Cause, or does actually cause, whether intentionally or recklessly, fear for the
safety of another.
B.
It shall be unlawful to, without the intention to commit any crime therein, willfully
and intentionally break and enter into any building, trailer, vessel or other premises
used as a dwelling without the permission of the owner or occupant thereof, except in
the cases and manner allowed by law.
C.
Breaking and entering shall be punishable by a fine of not less than Two Hundred
Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by
imprisonment in the Tribal jail for a period not exceeding three (3) months, or both.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1438 for violations of subsection (B) or the State of Oklahoma’s
counterpart for this same offense as it may be further amended from time to time.
Section 112
Criminal Trespass
A.
Whoever shall willfully or maliciously enter the property of another after being
expressly forbidden to do so or without permission by the owner or lawful occupant
thereof shall be deemed guilty of trespass.
B.
Criminal Trespass shall include, but not be limited to:
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1.
Cutting down or destroying any kind of wood or timber, standing or growing
upon the lands of another; or, driving or riding through, into, or across any
cultivated hedge or tree row, or any grove of ornamental trees or orchard of
fruit trees growing upon the land of another, or in any other manner injuring
the same; or
2.
Carrying away any kind of wood or timber that has been cut down, and is
lying on such lands; or
3.
Maliciously severing from the freehold any produce thereof, or anything
attached thereto; or
4.
Digging, taking, or carrying away from any property without the license of the
owner, or legal occupant thereof, any earth, soil, or stone, being a part of the
freehold, or severed therefrom at some previous time, under such
circumstances as would render the trespass a larceny, if the thing so severed or
carried away were personal property; or
5.
Digging, taking, or carrying away from any land within the Tribe's territory,
laid down on the map or plan of the Tribe as a street or avenue, or otherwise
established or recognized as a street or avenue, without the license of the
Governor, or owner of the fee thereof, any earth, soil or stone under such
circumstances as would render the trespass a larceny, if the thing so severed or
carried away were personal property; or
6.
Entering upon the premises or property of a child care shelter or facility
without permission being first obtained; or
7.
Without permission or privilege to do so, enter in or upon any property or
building, or surreptitiously remaining upon any property or in any building or
structure.
C.
Criminal trespass shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding three (3)
months, or both.
D.
It is a complete affirmative defense to the offense of criminal trespass, except as
defined in subsection B of this section, that:
1.
The property was open to the public upon entry and upon being ordered to
leave the person did so without undue delay, or
2.
Even though not open to the public, the person did not substantially interfere
with the use of the property or damage of any property, and upon being
ordered to leave the person did so without undue delay.
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E.
On rural lands fenced with barbed wire or other types of fencing normally meant to
enclose or exclude domestic animals, signs prohibiting entry or use at least six (6)
inches by eight (8) inches placed upon or in plain sight next to such fence not more
than one hundred fifty (150) feet apart shall create a rebuttable presumption that
reasonable notice against entry or entry for certain purposes had been given.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1835 for violations of subsection (A) of this section and 21
Okla. Stat. Ann. § 1768 for violations of subsection (B) or the State of Oklahoma’s counterpart
for this same offense as it may be further amended from time to time.
Section 113
Defacing or Injuring House of Worship
A.
It shall be unlawful to willfully break, deface, or otherwise injure any house of
worship, or any part thereof, or any appurtenance thereto, or any book, furniture,
ornament, musical instrument, article of silver or plated ware, or other chattel kept
therein for use in connection with religious worship.
B.
Defacing or injuring a house of worship shall be punishable by a fine not exceeding
Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not
exceeding one (1) year, or both.
Section 114
A.
B.
Theft or Receipt of Stolen Mail
It shall be unlawful to:
1.
Steal, take, or abstract, or by fraud or deception obtain, or attempt so to
obtain, from or out of any mail, post office, or station thereof, letter box, mail
receptacle, or any mail route or other authorized depository for mail matter, or
from a letter or mail carrier, any letter, postal card, package, bag, or mail, or
abstract or remove from any such letter, package, bag, or mail, any article or
thing contained therein, or secrete, embezzle, or destroy any such letter, postal
card, package, bag, or mail, or any article or thing contained therein; or
2.
Steal, take, or abstract, or by fraud or deception obtain any letter, postal card,
package, bag, or mail, or any article or thing contained therein which has been
left for collection upon or adjacent to a collection box or other authorized
depository of mail matter; or
3.
Buy, receive, or conceal, or unlawfully have in the person’s possession, any
letter, postal card, package, bag, or mail, or any article or thing contained
therein, which has been stolen, taken, embezzled, or abstracted, as herein
described, knowing the same to have been stolen, taken, embezzled, or
abstracted.
Theft or receipt of stolen mail shall be punishable by a fine not exceeding Two
18
Thousand Dollars ($2,000.00), or by imprisonment in the Tribal jail not exceeding
six (6) months, or both.
Section 115
Destruction of Letter Boxes or Mail
A.
It shall be unlawful to willfully or maliciously injure, tear down, or destroy any letter
box or other receptacle intended or used for the receipt or delivery of mail on any
mail route, or break open the same or willfully or maliciously injure, deface, or
destroy any mail deposited therein.
B.
Destruction of letter boxes or mail shall be punishable by a fine not exceeding Two
Thousand Dollars ($2,000.00), or by imprisonment in the Tribal jail not exceeding six
(6) months, or both.
Section 116
Obstruction of Mails
A.
It shall be unlawful to knowingly and willfully obstruct or retard the passage of the
mail or any carrier or conveyance carrying the mail.
B.
Obstruction of mails shall be punishable by a fine not exceeding Two Thousand Dollars
($2,000.00), or by imprisonment in the Tribal jail not exceeding six (6) months, or both.
Section 117
Obstruction of Correspondence
A.
It shall be unlawful to, without authority, open or destroy any mail not directed to the
person, or take any letter, postal card, or package out of any post office or any
authorized depository for mail matter, or from any letter or mail carrier, or which has
been in any post office or authorized depository, or in the custody of any letter or
mail carrier, before it has been delivered to the person to whom it was directed, with
design to obstruct the correspondence, or to pry into the business or secrets of
another, or open, secrete, embezzle, or destroy the same.
B.
Obstruction of correspondence shall be punishable by a fine not exceeding Two
Thousand Dollars ($2,000.00), or by imprisonment in the Tribal jail not exceeding six
(6) months, or both.
Section 118
Reserved.
Section 119
Blackmail
A.
It shall be unlawful to verbally or by written or printed communication and with
intent to extort or gain any thing of value from another or to compel another to do an
act against the other person’s will:
1.
Accuse or threaten to accuse any person of a crime or conduct which would
tend to degrade and disgrace the person accused; or
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2.
B.
Blackmail shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1)
year, or both.
Section 120
A.
Expose or threaten to expose any fact, report or information concerning any
person which would in any way subject such person to the ridicule or
contempt of society, coupled with the threat that such accusation or exposure
will be communicated to a third person or persons unless the person
threatened or some other person pays or delivers to the accuser or some other
person something of value or does some act against the person’s will.
Larceny
Grand larceny is committed in either of the following cases:
1.
When the property taken is of a value of One Thousand Dollars ($1,000) or
greater; or
2.
When such property, although not of a value of One Thousand Dollars
($1,000) or greater, is taken from the person of another.
3.
Larceny in other cases is petit larceny and is unlawful.
B.
Larceny of a building is committed when any person entering and stealing money or
other things of value from any house, railroad car, tent, booth, or temporary building
shall be guilty of larceny from the building.
C.
It shall be unlawful to steal an aircraft, automobile, or other automotive driven
vehicle, construction equipment, or farm equipment.
D.
Grand larceny and auto larceny as set forth in subsection (C) shall be punishable by a
fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the
Tribal jail for a term not exceeding one (1) year, or both.
E.
Larceny of a building shall be punishable by fine not exceeding Five Thousand
Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding
one (1) year, or both.
F.
Petit larceny shall be punishable by a fine of not less than Ten Dollars ($10.00) or
more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail not
to exceed six (6) months, or both.
G.
If grand larceny, larceny of a building, or auto larceny as set forth in subsection (C) is
committed, a sentence of banishment for a period of not exceeding ten (10) years may
be imprisoned in addition to the punishment authorized above.
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H.
“Larceny” means the unlawful taking or carrying away of any tangible or intangible
personal property by fraud or stealth with the intent to deprive the another thereof.
I.
The word “stolen” or “steal” shall mean larceny as defined in subsection (H) of this
section.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1704 for violations of subsection (A) of this section and 21
Okla. Stat. Ann. § 1723 for violations of subsection (B), 21 Okla. Stat. Ann. § 1720 for violations
of subsection (C) or the State of Oklahoma’s counterpart for this same offense as it may be
further amended from time to time.
Section 121
Extortion
A.
It shall be unlawful to take, receive, obtain, or control the use or disposition of
property of another with the person’s consent induced by a wrongful use of force or
fear or under color of official right.
B.
Fear such as will constitute extortion, may be induced by a threat, either:
1.
To do an unlawful injury to the person or property of the individual
threatened, or to any relative of individual or member of the individual’s
family; or
2.
To accuse the individual, or any relative of the individual or member of the
individual’s family, of any crime; or
3.
To expose, or impute to the individual, or any relative of the individual or
member of the individual’s family, any deformity or disgrace; or
4.
To expose any personal information or secret not public knowledge tending to
expose any person to hatred, contempt, or ridicule, or to impair the
individual’s business or reputation, except by institution of legal proceedings
to recover the debt demanded or proper reports to bona fide credit agencies; or
5.
To unlawfully take or withhold official action.
C.
Any person who extorts or attempts to extort any money or other property from
another, under circumstances not amounting to robbery, by means of force or any
threat such as mentioned in subsection B, or under color of official right is guilty of
violating this section.
D.
Any person, who by an extortionate means, obtains from another person signature to
any paper or instrument, whereby, if such signature were freely given, any property
would be transferred, or any debt, demand, charge or right of action created, is
punishable in the same manner as if the actual delivery of such property or payment
21
of the amount of such debt, demand, charge or right of action were obtained.
E.
Any person who, with intent to extort any money or other property from another,
sends to any person any letter or other writing, whether subscribed or not, expressing
or implying, or adapted to imply, any threat, such as is specified in this section, is
punishable in the same manner as if such money or property were actually obtained
by means of such threat.
F.
Extortion shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1)
year, or both.
G.
If the value of the property extorted exceeds One Thousand Dollars ($1,000.00), a
sentence of banishment for a period not exceeding ten (10) years may be imposed in
addition to the punishment authorized above.
Section 122
False Pretenses
A.
It shall be unlawful to obtain or attempt to obtain, take or attempt to take, or receive
or attempt to receive from any person, agency, department, firm, or corporation any
money, property of thing of value, by means or by use of any trick or deception, or
false or fraudulent representation, or statement or pretense, or by any other means or
instruments or device commonly called the “confidence game”, or by means or use of
any false or bogus checks, or by any other written or printed or engraved instrument
or spurious coin, with the intent to deprive the owner thereof.
B.
False pretenses shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1) year,
or both.
C.
If the value of the property gained by false pretenses exceeds One Thousand Dollars
($1,000.00), a sentence of banishment for a period not exceeding ten (10) years may be
imposed in addition to the punishment authorized above.
Section 123
Embezzlement
A.
It shall be unlawful to wrongfully or fraudulently appropriate for a person's own use
or the use of another any property of another with which the person has been
entrusted.
B.
Embezzlement shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1) year,
or both.
C.
If the value of the property embezzled exceeds One Thousand Dollars ($1,000.00), a
sentence of banishment for a period not exceeding ten (10) years may be imposed in
22
addition to the punishment authorized above.
Section 124
Receiving Stolen Property
A.
It shall be unlawful to possess, receive, buy, or conceal any personal property that has
been stolen or otherwise obtained from its true owner in violation of this Code with the
intent to deprive the true owner thereof.
B.
Receiving stolen property shall be punishable by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding
one (1) year, or both.
C.
If the value of the property exceeds One Thousand Dollars ($1,000.00), a sentence of
banishment for a period not exceeding ten (10) years may be imposed in addition to
the punishment authorized above.
Section 125
Theft of Property Lost, Mislaid or Delivered by Mistake
A.
It shall be unlawful to fail to take reasonable measures to restore property to a person
entitled thereto, with the intent to deprive the owner thereof, when it is known or
reasonably suspected that the property has been lost, mislaid, or delivered under a
mistake as to the nature or amount of the property or the identity of the recipient.
B.
Theft of property lost, mislaid, or delivered by mistake shall be punishable by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail
for a term not exceeding one (1) year, or both.
C.
If the value of the property exceeds One Thousand Dollars ($1,000.00), a sentence of
banishment for a period not exceeding ten (10) years may be imposed in addition to
the punishment authorized above.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1702 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 126
Theft of Services
A.
It shall be unlawful to obtain services known to be available only for compensation by
deception, threat, force, or any other means with the intent to avoid due payment
therefore.
B.
Theft of services shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1)
year, or both.
C.
If the value of the service rendered exceeds One Thousand Dollars ($1,000.00), a
23
sentence of banishment for a period not exceeding ten (10) years may be imposed in
addition to the punishment authorized above.
Section 127
Unauthorized Use of a Vehicle
A.
It shall be unlawful to take, drive, or operate another's motor vehicle, motorcycle,
bicycle, or wheeled conveyance without the consent of the owner, with the intent to
temporarily deprive the owner of its use or possession.
B.
Unauthorized use of a vehicle shall be punishable by a fine not exceeding Five
Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not
exceeding one (1) year, or both.
C.
If the vehicle sustains damages while in the custody, possession, or under the control
of the person violating this section, the violator shall be required to make double
restitution of the amount of the actual damage to the vehicle.
Section 128
Embezzlement and Theft From Indian Tribal Organizations
A.
It shall be unlawful to embezzle, steal, knowingly convert to the person’s use or the
use of another, willfully misapply or willfully permit to be misapplied, any of the
moneys, funds, credits, goods, assets, or other property belonging to any Indian tribal
organization or entrusted to the custody or care of any officer, employee, or agent of
an Indian tribal organization; or
B.
Knowing any such moneys, funds, credits, goods, assets, or other property to have
been so embezzled, stolen, converted, misapplied or permitted to be misapplied,
receive, conceal, or retain the same with intent to convert it to the person’s use or the
use of another.
C.
Embezzlement and theft from Indian tribal organizations shall be punishable by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal
jail for a term not exceeding one (1) year, or both.
Section 129
Theft From Gaming Establishments On Indian Lands
A.
It shall be unlawful to abstract, purloin, willfully misapply, or take and carry away
with intent to steal, any money, funds, or other property belonging to an
establishment operated by or for or licensed by an Indian tribe pursuant to an
ordinance or resolution approved by the National Indian Gaming Commission.
B.
Theft from gaming establishments on Indian lands shall be punishable by a fine not
exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for
a term not exceeding one (1) year, or both.
24
Section 130
Theft by Officers or Employees of Gaming Establishments on Indian
Lands
A.
It shall be unlawful for a person, being an officer, employee, or individual licensee of
a gaming establishment operated by or for or licensed by an Indian tribe pursuant to
an ordinance or resolution approved by the National Indian Gaming Commission, to
embezzle, abstract, purloin, willfully misapply, or take and carry away with intent to
steal, any moneys, funds, assets, or other property of such establishment.
B.
Theft by officers or employees of gaming establishments on Indian lands shall be
punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by
imprisonment in the Tribal jail for a term not exceeding one (1) year, or both.
Section 131
A.
Offenses Relating to Stamps
It shall be unlawful to:
1.
Counterfeiting - With intent to defraud, alter, forge, make, or counterfeit any
stamp, coupon, ticket, book, or other device prescribed under tribal authority
for the collection or payment of any tax imposed, or sell, lend, or have in the
person’s possession any such altered, forged, or counterfeited stamp, coupon,
ticket, book, or other device, or make, use, sell, or have in the person’s
possession any material in imitation of the material used in the manufacture of
such stamp, coupon, ticket, book, or other device; or
2.
Mutilation or removal - Fraudulently cut, tear, or remove from any vellum,
parchment, paper, instrument, writing, package, or article, upon which any tax
is imposed, any adhesive stamp or the impression of any stamp, die, plate, or
other article provided, made, or used in pursuance of tribal law; or
3.
Use of mutilated, insufficient, or counterfeited stamps - Fraudulently use, join,
fix, or place to, with, or upon any vellum, parchment, paper, instrument,
writing, package, or article, upon which any tax is imposed,
4.
a.
Any adhesive stamp, or the impression of any stamp, die, plate, or other
article, which has been cut, torn, or removed from any other vellum
parchment, paper, instrument, writing, package, or article, upon which
any tax is imposed; or
b.
Any adhesive stamp or the impression of any stamp, die, plate, or
other article of insufficient value; or
c.
Any forged or counterfeited stamp, or the impression of any forged or
counterfeited stamp, die, plate, or other article; or
Reuse of Stamps 25
B.
a.
Preparation for reuse - Willfully remove or alter the cancellation or
defacing marks of, or otherwise prepare, any adhesive stamp, with
intent to use, or cause the same to be used, after it has already been
used; or
b.
Trafficking - Knowingly or willfully buy, sell, offer for sale, or give
away, any such washed or restored stamp to any person for use, or
knowingly use the same; or
c.
Possession - Knowingly and without lawful excuse (the burden of
proof of such excuse being on the accused) has in possession any
washed, restored, or altered stamp, which has been removed from any
vellum, parchment, paper, instrument, writing, package, or article.
Conviction of the offense of offenses relating to stamps shall be punishable by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal
jail for a term not exceeding one (1) year, or by a sentence of banishment for a
period not less than one (1) year nor exceeding five (5) years, or any combination of
the above punishments.
Section 132
Unauthorized Use or Sale of Stamps
A.
It shall be unlawful to buy, sell, offer for sale, use, transfer, take or give in exchange,
or pledge or give in pledge, except as authorized by law or in regulations made
pursuant thereto, any stamp, coupon, ticket, book, or other device prescribed for the
collection or payment of any tax imposed.
B.
Conviction of the offense of unauthorized use or sale of stamps shall be punishable by
a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the
Tribal jail for a term not exceeding One (1) year, or by a sentence of banishment for a
period not less than one (1) year nor exceeding five (5) years, or any combination of
the above punishments.
Section 133
Reserved.
Section 134
Reserved.
Section 135
Possession of Forged Instruments
A.
Every person who has in the person’s possession any forged or counterfeited
instrument, knowing the same to be forged, counterfeited or falsely altered with intent
to injure or defraud by uttering the same to be true, or as false, or by causing the same
to be uttered.
26
B.
Possession of a forged instrument shall be punishable by a fine not exceeding Five
Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not
exceeding one (1) year, or by a sentence of banishment for a period not less than one
(1) year nor exceeding five (5) years, or any combination of the above punishments.
Upon a second or subsequent conviction for forgery, a sentence of banishment for a
period not less than five (5) years, nor exceeding ten (10) years, may be imposed in
addition to the punishment authorized above.
C.
The term “forgery” shall have the meaning set forth in Section 136 of this Code.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1579 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 136
Forgery
A.
It shall be unlawful to alter any writing of another without the person’s authority, or
to make, complete, execute, authenticate, issue or transfer any writing so that it
purports to be the act of another who did not authorized that act, with the intent to
defraud or injure anyone.
B.
Forgery shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1)
year, or by a sentence of banishment for a period not less than one (1) year nor
exceeding five (5) years, or any combination of the above punishments. Upon a
second or subsequent conviction for forgery, a sentence of banishment for a period
not less than five (5) years, nor exceeding ten (10) years, may be imposed in addition
to the punishment authorized above.
C.
“Writing” includes printing or any other method of recording information, money,
coins, tokens, stamps, seals, credit cards, badges, trademarks, money, and other
symbols of value, right, privilege, or identification.
Section 137
Criminal Simulation
A.
It shall be unlawful to make, alter or utter, or attempt to circulate or sell as genuine
any object so that it appears to have value because of antiquity, rarity, source, or
authorship which it does not possess, with intent to defraud anyone.
B.
Criminal simulation shall be punishable by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding
one (1) year, or both.
Section 138
A.
Fraudulent Handling of Recordable Instruments
It shall be unlawful to destroy, remove or conceal any will, deed, mortgage, security
27
instrument, Tribal resolution, any Tribal record, for which the law provides public
recording, or to knowingly record a false or forged instrument, with the intent to
deceive or injure anyone, or to conceal wrong doing.
B.
Fraudulent handling of recordable instruments shall be punishable by a fine not
exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail
for a term not exceeding one (1) year, or by sentence of banishment for a period not
less than one (1) year nor exceeding five (5) years, or any combination of the above
punishments. Upon a second conviction for fraudulent handling of recordable
instruments, a sentence of banishment for a period not less than five (5) years nor
exceeding ten (10) years may be imposed in addition to the punishment authorized
above.
Section 139
Tampering With Records
A.
It shall be unlawful to falsify, destroy, remove, or conceal any writing or record, with
the intent to deceive or injure anyone or to conceal any wrong doing.
B.
Tampering with records shall be punishable by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding
one (1) year, or by both fine and imprisonment, or by a sentence of banishment for a
period not less than one (1) year nor exceeding five (5) years, or any combination of
the above punishments. Upon a second conviction for tampering with records, a
sentence of banishment for a period not less than five (5) years nor exceeding ten (10)
years may be imposed in addition to the punishment authorized above.
Section 140
Bad Checks
A.
It shall be unlawful to issue or pass a check or similar sight order for the payment of
money, for the purpose of obtaining any money, property, or other thing of value or
paying for any services, rent, wages or salary, knowing or believing that it will not be
honored by the drawee.
B.
Bad checks shall be punishable by a fine not exceeding Five Thousand Dollars
($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one (1)
year, or both. Restitution shall be required.
Section 141
A.
Fraudulent Use of a Credit Card
It shall be unlawful to knowingly use or attempt to use in person, by telephone or by
internet, a credit card or debit card for the purpose of obtaining credit, property,
goods, services, or for the purpose of obtaining cash advances in lieu of these items,
or to deposit, obtain or transfer funds, with knowledge that:
1.
The card was stolen; or
28
2.
The card has been revoked or canceled; or
3.
The card was not issued to the person, and it not used with the consent of the
person to whom issued; or
4.
The card is counterfeit, false, or nonexistent; or
5.
For any other reason, the person’s use of the credit card is unauthorized by
either the issuer or the person to whom the card has been issued.
B.
Fraudulent use of a credit card shall be punishable by a fine not exceeding Five
Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not
exceeding one (1) year, or both. Restitution shall be required.
C.
The term “credit card” means an identification card or device issued to a person, firm
or corporation by a business organization which permits such person, firm or
corporation to purchase or obtain goods, property or services on the credit of such
organization.
D.
The term “debit card” means an identification card or device issued to a person, firm
or corporation by a business organization which permits such person, firm or
corporation to obtain access to or activate a consumer banking electronic facility.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1550.2 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 142
Fraudulently Obtaining Personal Identity of Other Persons
A.
It shall be unlawful for any person to willfully and with fraudulent intent obtain the
name, address, social security number, date of birth, place of business or
employment, debit, credit or account numbers, driver license number, or any other
personal identifying information of another person, living or dead, with intent to use,
sell, or allow any other person to use or sell such personal identifying information to
obtain or attempt to obtain money, credit, goods, property, or service in the name of
the other person without the consent of that person.
B.
It shall be unlawful for any person to use with fraudulent intent the personal identity of
another person, living or dead, or any information relating to the personal identity of
another person, living or dead, to obtain or attempt to obtain credit or anything of value.
C.
It shall be unlawful for any person with fraudulent intent to lend, sell, or otherwise
offer the use of such person’s own name, address, social security number, date of
birth, or any other personal identifying information or document to any other person
with the intent to allow such other person to use the personal identifying information
or document to obtain or attempt to obtain any identifying document in the name of
29
such other person.
D.
It shall be unlawful for any person to willfully create, modify, alter or change any
personal identifying information of another person with fraudulent intent to obtain any
money, credit, goods, property, service or any benefit or thing of value, or to
control, use, waste, hinder or encumber another person’s credit, accounts, goods,
property, title, interests, benefits or entitlements without the consent of that person.
E.
Fraudulently obtaining personal identity of other persons shall be punishable by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal
jail for a term not exceeding one (1) year, or both. Restitution shall be required.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 1533.1 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 143
Defrauding Casinos, Hotels, Inns, Restaurants, Apartments, etc.
A.
It shall be unlawful to obtain food, lodging, services, or other accommodations at any
casino, hotel, inn, restaurant, boarding house, rooming house, motel, or auto camp,
with intent to defraud the owner or keeper thereof.
B.
It shall be unlawful to obtain shelter, lodging, or any other services at any apartment
house, apartment, rental unit, rental house, or trailer camp, with intent to defraud the
owner or keeper thereof.
C.
Defrauding casinos, hotels, inns, restaurants, apartments, etc., shall be punishable by
a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the
Tribal jail for a term not exceeding one (1) year, or both. Restitution shall be required.
D.
Proof that such lodging, food, services, or other accommodations were obtained by
false pretense or by false or fictitious show or pretense of any baggage or other
property, or that the person gave a check on which payment was refused, or that the
person left the hotel, inn, restaurant, boarding house, rooming house, motel,
apartment house, apartment, rental unit or rental house, trailer camp or auto camp,
without payment or offering to pay for such food, lodging, services or other
accommodation, or that the person surreptitiously removed or attempted to remove
the person’s baggage, or that the person registered under a fictitious name, shall be
prima facie proof of the intent to defraud mentioned in this section; but this section
shall not apply where there has been an agreement in writing for delay in payment.
Section 144
A.
Unlawful Procurement of Electronic, Telephone or Utility Services
It shall be unlawful to defraud any individual, corporation, or other person, with
intent to defraud or to aid and abet another to defraud any individual, corporation, or
other person, of the lawful charge, in whole or in part, for any electronic, telephone or
30
utility service, or to avoid or attempt to avoid or to cause or assist another to avoid or
attempt to avoid any such charge for such service:
B.
1.
By charging such service to an existing account, or using such services from
an existing account, telephone number or credit card number without the
authority of the subscriber thereto or the legitimate holder thereof; or
2.
By charging such service to a nonexistent, false, fictitious, or counterfeit
account, telephone number or credit card number or to a suspended,
terminated, expired, cancelled or revoked account, telephone number or credit
card number; or
3.
By use of a code, prearranged scheme, or other similar strategem or device
whereby said person in effect sends or receives information; or
4.
By rearranging, tampering with or making connection with any facilities or
equipment of a telephone or other communications or utility company,
whether physically, inductively, acoustically, or electrically, or by utilizing
such service, having reason to believe that such rearrangement, connection, or
tampering existed or occurred.
Unlawful procurement of electronic, telephone or utility services shall be punishable
by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in
the Tribal jail for a term not exceeding one (1) year, or both.
Section 145
False Statements Made as Basis of Imposing Tax or Assessment
A.
It shall be unlawful to willfully state any material matter which the person knows to
be false in making any statement, oral or written, which is required or authorized by
law to be made as the basis of imposing any tax or assessment, or of an application to
reduce any tax or assessment.
B.
False statements made as basis of imposing tax or assessment shall be punishable by a
fine not exceeding Five Thousand Fifty Dollars ($5,000.00), or by imprisonment in the
Tribal jail for a term not exceeding one (1) year, or both.
Section 146
Reserved.
Section 147
Deceptive Business Practices
A.
It shall be unlawful to, in the course of business, intentionally:
1.
Use or possess for use a false weight or measure, or any other device for
falsely determining or recording any quality or quantity; or
2.
Sell, offer, or expose for sale, or deliver less than the represented quality or
31
quantity of any commodity or service; or
3.
Take or attempt to take more than the represented quantity of any commodity
or service when as the buyer, the buyer furnishes the weight or measure; or
4.
Sell, offer or expose for sale adulterated or mislabeled commodities; or
5.
Make a substantial false or misleading statement in any advertisement
addressed to the public or a substantial segment thereof for the purpose of
promoting the purchase or sale of property or services; or
6.
Make a false or misleading written statement for the purpose of obtaining
property or credit; or
7.
Make a false or misleading written statement for the purpose of promoting the
sales of securities, or omit information required by law to be disclosed in
written documents relating to securities.
B.
Deceptive business practices shall be punishable by a fine not exceeding Five
Thousand Fifty Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term
not exceeding three (3) months, or both.
C.
It is an affirmative defense to deceptive business practice that the defendant's conduct
was not knowingly or recklessly deceptive.
D.
Upon a second or subsequent offense, banishment for a period of not more than ten
(10) years may be imposed in addition to the punishment authorized above.
E.
“Adulterated” means varying from the standard of composition or quality prescribed
by law or commercial usage.
F.
“Mislabeled” means varying from the standard of truth or disclosure in labeling
prescribed by law or commercial usage.
Section 148
A.
Defrauding Creditors
It shall be unlawful to:
1.
Destroy, remove, conceal, encumber, transfer, or otherwise deal with property
subject to a security interest with the intent to hinder enforcement of that
interest; or
2.
Deal with property with the intent to defeat or obstruct the operation of any
law relating to administration of property for the benefit of creditors; or
knowingly falsify any writing or record relating to the property; or knowingly
32
misrepresent or refuse to disclose to a person entitled to administer property
for the benefit of creditors, the existence, amount or location of the property,
or any other information which the actor could be legally required to furnish
in relation to such administration.
B.
Defrauding creditors shall be punishable by a fine not exceeding Two Hundred Fifty
Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three
(3) months, or both.
Section 149
Securing Execution of Documents by Deception
A.
It shall be unlawful to intentionally, and by deception, cause another to execute any
instrument affecting or likely to affect the pecuniary interest of any person.
B.
Securing execution of documents by deception shall be punishable by a fine not
exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal
jail for a term not exceeding three (3) months, or both.
Section 150
A.
B.
It shall be unlawful to intentionally provide financing or make loans at a rate of
interest higher than the following:
1.
If the amount to which the interest applies is less than One Hundred Dollars
($100.00) or the period of the loan or financing is less than one (1) year, or
both, the rate of interest shall not exceed a 24% per annum simple interest
rate.
2.
If the amount to which the interest applies is greater than One Hundred
Dollars ($100.00) or the period of the loan or financing is greater than one (1)
year, or both, the rate of interest shall not exceed an 18% per annum simple
interest rate.
Criminal usury shall be punishable by a fine not exceeding Two Hundred Fifty
Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three
(3) months, or both. The victim shall be entitled to restitution for double the actual
amount of interest which was actually paid and cancellation of all interest owing for
the term of the financing.
Section 151
A.
Criminal Usury
Unlawful Dealing with Property by a Fiduciary
It shall be unlawful to knowingly deal with property that has been entrusted to one in
a fiduciary capacity, or property of the Tribal government or of a financial institution,
in a manner which is known to be a violation of the person’s fiduciary duty, or which
involves a substantial risk or loss to the owner or to a person for whose benefit the
property was entrusted.
33
B.
Unlawful dealing with property by a fiduciary shall be punishable by a fine not
exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail
for a term not exceeding one (1) year, or both.
C.
As used in this section, “fiduciary” includes a trustee, guardian, executor,
administrator, receiver or any person carrying on fiduciary functions on behalf of a
corporation or other organization which is a fiduciary.
Section 152
Making a False Credit Report
A.
It shall be unlawful to knowingly make a materially false or misleading statement to
obtain property or credit for oneself or another or to keep some other person from
obtaining credit.
B.
Making a false credit report shall be punishable by a fine not exceeding Two Hundred
Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding
three (3) months, or both.
Section 153
Reserved.
Section 154
Reserved.
Section 155
Reserved.
Section 156
Reserved.
Section 157
Reserved.
Section 158
Reserved.
Section 159
Reserved.
Section 160
Reserved.
Section 161
Reserved.
Section 162
Reserved.
34
CHAPTER 2: CRIMES AGAINST PERSONS
Section 201
A.
Assault in the First Degree
It shall be unlawful to recklessly under circumstances manifesting indifference to the
value of human life, to:
1.
Attempt to cause or cause great bodily injury to another; or
2.
To use a sharp or dangerous weapon with the intent to cause great bodily injury,
or with the intent to put in fear of imminent serious bodily injury with the
apparent ability to do so.
B.
It shall be unlawful to willfully attempt to cause or cause great bodily injury to another.
C.
It shall be unlawful to, with intent to do bodily harm and without justifiable or
excusable cause, attempt to commit or commit bodily harm upon the person of another
with any sharp or dangerous weapon.
D.
Except as provided by subdivision (E) below, assault in the first degree shall be
punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of
imprisonment in the Tribal jail not to exceed one (1) year, or banishment for a term of
not less than one (1) year, nor more than ten (10) years, or any combination of the
above punishments.
E.
A second or subsequent act of assault in the first degree within five (5) years of a
guilty plea or conviction of assault in the first degree is a Felony and shall be
punishable by a fine not to exceed Fifteen Thousand Dollars ($15,000), or by a term
of imprisonment not to exceed three (3) years, or both, and may be subject
banishment for a term of not less than one (1) year, nor more than ten (10) years, or
any combination of the above punishments.
F.
For purposes of this section “great bodily injury” means bone fracture, protracted and
obvious disfigurement, protracted loss or impairment of the function of a body part,
organ or mental faculty, or substantial risk of death.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting
officer may cite to 21 Okla. Stat. Ann. § 646 for violations of subsection (B) and 21 Okla.
Stat. Ann. § 645 for violations of subsection (C) or the State of Oklahoma’s counterpart for
this same offense as it may be further amended from time to time.
Section 202
A.
Assault in the Second Degree
It shall be unlawful to willfully:
1.
Attempt to cause; or
35
2.
Attempt by a show of force or violence to put another in fear of imminent
bodily injury with the apparent ability to do so.
B.
It shall be unlawful to willfully use force or violence upon the person of another.
C.
It shall be unlawful to wrongfully, purposely, knowingly, or recklessly:
D.
1.
Negligently cause bodily injury to another with a weapon; or
2.
Recklessly endanger another by an act or omission to act which threatens to
cause serious bodily injury to another, whether or not such harm actually
occurs.
Assault in the second degree shall be punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to
exceed one (1) year, or both.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 641 for violations of subsection (A) and 21 Okla. Stat. Ann. §
642 for violations of subsection (B) or the State of Oklahoma’s counterpart for this same offense
as it may be further amended from time to time.
Section 203
Mayhem
A.
It shall be unlawful to wrongfully, purposely, or knowingly deprive a human being of
a member of the person’s body or render it useless, or to cut out or disable the tongue,
put out an eye or eyes, or slit the nose, ear, or lip of another.
B.
Mayhem is a felony and shall be punishable by a fine not to exceed Fifteen Thousand
Dollars ($15,000), or by a term of imprisonment not to exceed three (3) years, or
both, and further may be subject to banishment for a term of not less than one (1) year
nor more than life, or any combination of the above.
Section 204
A.
B.
Verbal or Written Assault
It shall be unlawful to threaten verbally or in writing to commit any offense involving
violence with apparent ability to do so:
1.
With intent to terrorize another or place such other in fear of imminent serious
bodily injury or
2.
To cause evacuation of a building, place of assembly, or facility of public
transportation, or otherwise to cause serious public inconvenience.
Verbal or written assault shall be punishable by a fine not to exceed Five Thousand
36
Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one
(1) year, or both.
Section 205
Verbal Abuse by a Caretaker
A.
It shall be unlawful for a caretaker to verbally abuse any person entrusted to the care
of the caretaker, or knowingly cause, secure, or permit an act of verbal abuse to be
done.
B.
Verbal abuse by a caretaker shall be punishable by a fine not to exceed One Thousand
Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one
(1) year, or both.
C.
For the purpose of this section, “verbal abuse” means the repeated use of words,
sounds, or other forms of communication by a caretaker, including but not limited to,
language, gestures, actions or behaviors, that are calculated to humiliate or intimidate
or cause fear, embarrassment, shame, or degradation to the person entrusted to the
care of the caretaker.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting
officer may cite to 21 Okla. Stat. Ann. § 843.2 or the State of Oklahoma’s counterpart for
this same offense as it may be further amended from time to time.
Section 206
Omission to Provide for a Child
A.
It shall be unlawful, unless otherwise provided for by law, for any parent, guardian, or
person having custody or control of a child as defined by tribal statute who willfully
omits, without lawful excuse, to furnish necessary food, clothing, shelter, monetary
child support, medical attendance, payment of court-ordered day care, or payment of
court-ordered medical insurance costs for such child which is imposed by law.
B.
Omission to provide for a child shall include any person obligated to make child
support payments who willfully and without lawful excuse becomes delinquent in
said child support payments and such delinquent child support accrues without
payment by the obligor for a period of one (1) year, or exceeds Five Thousand
Dollars ($5,000.00).
C.
Omission to provide for a child shall be punishable by a fine not to exceed One
Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to
exceed six (6) months, or both. Any subsequent conviction pursuant to this section
shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by
a term of imprisonment in the Tribal jail not to exceed one (1) year, or both.
D.
It shall be unlawful for any person to leave the jurisdiction to avoid providing
necessary food, clothing, shelter, court-ordered monetary child support, or medical
attendance for such child. Violation of this subsection shall be punishable by a fine
37
not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the
Tribal jail not to exceed one (1) year, or both.
E.
Nothing in this section shall be construed to mean a child is endangered for the sole
reason the parent, guardian or person having custody or control of a child, in good
faith, selects and depends upon spiritual means alone through prayer, in accordance
with the tenets and practice of a recognized church or religious denomination, for the
treatment or cure of disease or remedial care of such child; provided, that medical
care shall be provided where permanent physical damage could result to such child;
and that the laws, rules, and regulations relating to communicable diseases and
sanitary matters are not violated.
F.
As used in this section, the duty to furnish medical attendance shall mean that the
parent or person having custody or control of a child must furnish medical treatment
in such manner and on such occasions as an ordinarily prudent person, solicitous for
the welfare of a child, would provide; such parent or person having custody or control
of a child is not criminally liable for failure to furnish medical attendance for every
minor or trivial complaint with which the child may be afflicted.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 852 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 207
Child Endangerment
A.
It shall be unlawful for a person who is the parent, guardian, or person having custody
or control over a child as defined by tribal statute, to knowingly permit physical or
sexual abuse of a child or to knowingly permit a child to be present at a location
where alcoholic beverages or intoxicating substances are being consumed or ingested
or where a controlled dangerous substance is present or is being manufactured or
attempted to be manufactured as defined by Tribal statute. However, it is an
affirmative defense to this section if the person had a reasonable apprehension that
any action to stop the abuse would result in substantial bodily harm to the person or
the child.
B.
The provisions of this section shall not apply to any parent, guardian or other person
having custody or control of a child for the sole reason that the parent, guardian or
other person in good faith selects and depends upon spiritual means or prayer for the
treatment or cure of disease or remedial care for such child. This subsection shall in
no way limit or modify the protections afforded said child in Section 206 of this Code
or in the Tribe's child protection laws.
C.
Except as provided by subdivision (D) and (E) below, child endangerment shall be
punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of
imprisonment in the Tribal jail not to exceed one (1) year, or both.
38
D.
Child endangerment by knowingly permitting physical or sexual abuse of a child is a
Felony and shall be punishable by a fine not to exceed Fifteen Thousand Dollars
($15,000), or by a term of imprisonment not to exceed three (3) years, or both.
E.
A second or subsequent act of child endangerment within five (5) years of a guilty
plea or conviction of child endangerment is a Felony and shall be punishable by a fine
not to exceed Fifteen Thousand Dollars ($15,000), or by a term of imprisonment not
to exceed three (3) years, or both.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to Okla. Stat. Ann. tit. 21, § 852.1 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 208
Child Neglect and Child Violence
It shall be unlawful:
A.
For a parent, guardian, or other person supervising the care or custody of a minor
child to willfully or maliciously engage in child neglect; or
B.
For any parent or other person to willfully or maliciously engage in enabling child
neglect; or
C.
For any person to willfully or maliciously engage in child violence; or
D.
For any person responsible for the health, safety, or welfare of a child to willfully or
maliciously engage in enabling child violence.
E.
Child neglect, and enabling child neglect as set forth in subsections (A) and (B) of
this section, shall be punishable by a fine not exceeding Five Hundred Dollars
($500.00), or by a term of imprisonment in the Tribal jail not to exceed Thirty (30)
days, or both.
F.
Child violence and enabling child violence as set forth in subsections (C) and (D) of
this section shall be punishable by a fine not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000), or by imprisonment in
Tribal jail not exceeding one (1) year, or both.
G.
For the purposes of this section “neglect” means a failure or omission to provide
adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or
appropriate education, medical dental, or behavioral health care, failure to supervise
or protect the child from harm or threatened harm of which any reasonable and
prudent person responsible for the child’s health or welfare would, special care made
necessary for the child’s health and physical or mental condition, failure to protect the
child from the use, possession, sale or manufacturing of illegal drugs, illegal
39
activities, or sexual acts or material that are not age-appropriate, or abandonment of
the child.
H.
For the purposes of this section “child violence” means the willful or malicious use,
threated use, or attempted use of violence against a child.
I.
Provided, however, that nothing contained in this section shall prohibit any parent,
teacher or other person from using ordinary force as a means of discipline, including
but not limited to spanking, switching or paddling.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 21 Okla. Stat. Ann. § 843.5 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 209
Reserved
Section 210
Truancy
A.
It shall be unlawful for a parent of a minor who is over the age of six years and under
the age of 18 years to neglect or refuse to cause or compel such a minor to attend and
comply with the rules of a public, private, or other school of the parent's choosing in
which the minor is enrolled.
B.
It shall be unlawful for any minor who is over the age of six and under the age of
eighteen and who has not finished four years of high school work to neglect or refuse
to attend and comply with the rules of some public, private, or other school or receive
an education by other means for the full term the schools of the district in which the
minor attends are in session, provided that this section shall not apply if any such
minor is:
1.
Prevented from attending school because of mental or physical disability, as
determined by the board of education of the district, upon a certificate of the
school physician or public health physician or, if no such physician is
available, a duly licensed and practicing physician;
2.
Excused from attending school, due to an emergency, by the principal of the
school in which the minor is enrolled, at the request of the parent of the minor;
3.
Excused from attending school by:
a.
The administrator of the school or district where the minor attends
school; and
b. The parent of the minor.
Provided, further, that no minor shall be excused from attending school by
40
such joint agreement between the school administrator and the parent of the
minor unless and until it has been determined that such action is in the best
interest of the minor and/or the community and that such minor shall
thereafter be under the supervision of the parent until the minor has reached
the age of 18 years; and
4.
Observing religious holy days if, prior to the absence, the parent of the minor
submits a written request for the absence. The school district shall excuse a
student pursuant to this subsection for the days on which the religious holy
days are observed and for the days in which the student must travel to and
from the site where the student will observe the holy days.
C.
Any parent convicted of violating this section shall be punished by a fine of not more
than $500.00, plus costs, or by imprisonment for not more than 60 days or by both
such fine and imprisonment. Each separate day of violation shall constitute a separate
offense.
D.
Any minor convicted of violating this section shall be punished on the first offense by
a fine of not more than $50.00, on the second offense by a fine of not more than
$100.00, and on every subsequent offense by a fine of not more than $500.00, plus
costs. Each separate day of violation shall constitute a separate offense.
When issuing a complaint or citation for this offense, the law enforcement or prosecuting officer
may cite to 70 Okla. Stat. Ann. § 10-105 or the State of Oklahoma’s counterpart for this same
offense as it may be further amended from time to time.
Section 211
A.
B.
It shall be unlawful to:
1.
Purposely, knowingly, and wrongfully with the malice aforethought cause the
death of another human being; or
2.
Cause the death of another human being due to the commission or attempted
commission of a felony or offense punishable by banishment.
Homicide in the first degree is a felony and shall be punishable by a fine not to
exceed Fifteen Thousand Dollars ($15,000), or by a term of imprisonment not to
exceed three (3) years, or both, and further may be subject to banishment for a period
not less than ten (10) years nor more than life, or any combination of the above.
Section 212
A.
Homicide in the First Degree
Homicide in the Second Degree
It shall be unlawful to:
1.
Recklessly or negligently with disregard of the possible consequence of one’s
41
conduct to cause the death of another human being; or
2.
3.
B.
Cause the death of another human being by operating a motor vehicle in a
reckless, negligent, or careless manner, or while under the influence of an
alcoholic beverage, intoxicating liquor, a controlled substance, or any drug, to
a degree which renders the person incapable of safely driving a vehicle.
a.
A blood alcohol content in excess of .08 shall create a rebuttable
presumption that the person was under the influence of an alcoholic
beverage.
b.
For purposes of this section, a motor vehicle is any self-propelled
vehicle and includes, but is not limited to, any automobile, truck, van,
motorcycle, train, engine, watercraft, aircraft, or snowmobile.
Cause the death of a human being due to the commission of any criminal
offense.
Homicide in the second degree shall be punishable by a fine of Five Thousand
Dollars ($5,000.00), or by term of imprisonment in the Tribal jail not to exceed one
(1) year; or by banishment for a period not less than one (1) year nor more than
twenty (20) years; or any combination of the above.
Section 213
Causing a Suicide
A.
It shall be unlawful to intentionally cause a suicide by force, duress, or deception.
B.
Causing a suicide shall be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one (1)
year, or by banishment for a period of not less than one (1) year nor more than twenty
(20) years or any combination of the above.
Section 214
Aiding or Soliciting a Suicide
A.
It shall be unlawful to intentionally aid or solicit another to attempt or commit
suicide.
B.
Punishment.
1.
Aiding or soliciting a suicide shall be punishable by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail
not to exceed one (1) year, or both, if the defendant's conduct has actually
caused or contributed substantially to a suicide, or attempted suicide.
2.
Otherwise, aiding or soliciting a suicide is punishable by a fine not to exceed
Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the
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Tribal jail not to exceed three (3) months, or both.
Section 215
Domestic Violence
A.
It shall be unlawful to commit an act of domestic violence.
B.
Except as provided in subdivision (C) below, domestic violence shall be punishable
by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of
imprisonment in the Tribal jail not to exceed one (1) year, or both.
C.
A second or subsequent act of domestic violence within five (5) years of a guilty plea
or conviction of domestic violence is a Felony and shall be punishable by a fine not to
exceed Fifteen Thousand Dollars ($15,000), or by a term of imprisonment not to
exceed three (3) years, or both.
D.
“Domestic Violence” means the commission of any one of the following acts where
the defendant is a family or household member or dating partner of the victim:
E.
1.
The act of inflicting physical harm or bodily injury, or the infliction of fear of
imminent physical harm or bodily injury, through the commission or
attempted commission of any crimes of violence within this Code as
enumerated in Section 3(B) of this Code and as defined by 18 U.S.C. § 16;
2.
The act of physically harming, attempting to physically harm, or placing the
victim in reasonable fear of physical harm to the victim, provided reasonable
fear may be produced by behavior which induces fears in the victim, including
harassment, stalking, destruction of property, controlling the victim’s conduct
by threat of force, or physical harm or threat of harm or bodily injury to
members of the victim’s family or household member or household pets; or
3.
The act of preventing a victim from accessing victim or social services or
interfering with an emergency call (911, emergency medical or ambulance
services, or any call for assistance from a police or fire department, or for
other assistance needed in an emergency to avoid harm to person or property).
“Family or household member or dating partner” means the following:
1.
Current or former spouses or intimate partners, as defined by 18 U.S.C. §
2266;
2.
Parents, guardians, step-parents, and children;
3.
Persons related to victim by blood, marriage, or adoption: brother, sister,
stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-aunt, great-uncle;
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4.
Persons who are presently residing together or who have resided together in
the past;
5.
Persons who have a child in common regardless of whether they have been
married or have lived together at any time;
6.
A man and woman if the woman is pregnant and the man is alleged to be the
father, regardless of whether they have been married or have lived together at
any time;
7.
Persons involved in a significant romantic, dating, or sexual relationship;
8.
Persons who are or have been in a social relationship of a romantic or intimate
nature, as determined by the length of the relationship, the type of the
relationship, and the frequency of interaction between the persons involved in
the relationships.
Section 216
Violation of a Domestic Violence Protection Order
A.
It shall be unlawful for a person to knowingly violate a Domestic Violence Protection
Order.
B.
Except as provided in subdivision (C) below, violation of a Domestic Violence
Protection Order shall be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one (1)
year, or both.
C.
A second or subsequent act of violation of a Domestic Violence Protection Order
within five (5) years of a guilty plea or conviction of Violation of a Domestic
Violence Protection Order is a felony and shall be punishable by a fine not to exceed
Fifteen Thousand Dollars ($15,000), or by a term of imprisonment not to exceed three
(3) years, or both.
D.
“Domestic Violence Protection Order” means a temporary or permanent court order
related to Domestic Violence, harassment, and/or sexual abuse, issued for the purpose
of preventing violent or threatening acts or harassment against, or contact or
communication with, or physical proximity to another person. Protection order
includes any temporary or final order issued in the civil or criminal context, whether
obtained by filing an independent action or as an order awaiting further litigation in
another proceeding, provided the order was issued in response to an application,
complaint, petition, or motion filed by or on behalf of a person seeking protection.
Section 217
Reserved.
Section 218
Reserved.
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Section 219
Reserved.
Section 220
Reserved.
Section 221
Kidnapping
A.
It shall be unlawful to intentionally and wrongfully remove another from the person’s
place of residence, business, or from the vicinity where the person is found, or to
unlawfully confine or conceal another for a substantial period, with any of the
following purposes:
1.
To hold for ransom or reward, or as a shield or hostage; or
2.
To facilitate commission of any offense or flight thereafter; or
3.
To inflict bodily injury on or to terrorize the victim or another; or
4.
To interfere with the performance of any Tribal governmental or political
function.
B.
A removal, restraint, or confinement is wrongful within the meaning of this Code if it
is accomplished by force, threat, or deception, or, in the case of a person under the
age of fourteen (14) or incompetent, if it is accomplished without the consent of a
parent, guardian or other person responsible for general supervision of the person’s
welfare.
C.
Kidnapping shall be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one (1)
year; or by banishment for a period not less than five (5) years nor more than ten (10)
years if the kidnapping resulted in bodily injury; or any combination of the above.
D.
In the case of a second or subsequent conviction for Kidnapping or if death resulted,
Kidnapping is a felony and shall be punishable by a fine not to exceed Fifteen
Thousand Dollars ($15,000), or by a term of imprisonment not to exceed three (3)
years, or both, and further may be subject to banishment for a period not less than five
(5) years nor more than life, or any combination of the above.
Section 222
False Imprisonment
A.
It shall be unlawful to knowingly and wrongfully restrain or imprison another so as to
interfere with a person’s liberty.
B.
False imprisonment shall be punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three
(3) months, or both, unless the detention occurs under circumstances which exposes
the victim to a risk of serious bodily injury, in which case the offense shall be
45
punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of
imprisonment in the Tribal jail not to exceed one (1) year, or both.
Section 223
A.
It shall be unlawful to wrongfully:
1.
2.
B.
B.
Take, entice, conceal, or detain a child under the age of sixteen (16) from the
child’s parent, guardian, or other lawful custodian, knowing the person has no
legal right to do so, and
a.
With the intent to hold the child for period substantially longer that
any visitation or custody period previously awarded by a court of
competent jurisdiction; or
b.
With the intent to deprive another person of their lawful visitation or
custody rights; or
Intentionally take, entice or detain an incompetent or other person who has
been committed by authority of law to the custody of another person or
institution from the other person or institution, without good cause and with
knowledge that there is no legal right to do so.
Custodial interference shall be punishable by a fine not to exceed One Thousand
Dollars ($1,000.00) or by a term of imprisonment in the Tribal jail not to exceed six
(6) months or both.
Section 224
A.
Custodial Interference
Criminal Coercion
It shall be unlawful to intentionally and wrongfully restrict another's freedom of
action to the person’s detriment, by threatening to:
1.
Commit any criminal offense; or
2.
Accuse anyone wrongfully of a criminal offense; or
3.
Expose any secret tending to subject any person to hatred, contempt or
ridicule, or to impair the person’s credit or business reputation; or
4.
Unlawfully take or withhold action as an official, or cause an official to take
or withhold action.
It is an affirmative defense to prosecution based on this section, except for subsection
(1) above, that the actor believed the accusation or secret to be true or the proposed
official action justified and that the person’s purpose was limited to compelling the
other in a lawful manner to behave in a way reasonably related to the circumstances
46
which were the subject of the accusation, exposure, or proposed official action; for
example, as by refraining from further misbehavior, making good a wrong done,
refraining from taking any action or responsibility for which the actor believes the
other disqualified.
C.
Criminal coercion shall be punishable by a fine not to exceed Five Thousand Dollars
($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one (1)
year, or both.
Section 225
Pointing Weapons at Others
A.
It shall be unlawful to point any pistol, rifle, or shotgun, or any other deadly weapon,
whether loaded or not, at any other person or persons, except for an act of selfdefense.
B.
Pointing weapons at others shall be punishable by a fine not to exceed Five Thousand
Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one
(1) year, or both.
C.
If the person violating this section has been issued a concealed handgun license,
nothing in this section prevents the person from being subject to an administrative
violation.
Section 226
Assault on Process Server
It shall be unlawful to:
A.
Knowingly and willfully obstruct, resist, or oppose any officer of the Tribe, or other
person duly authorized, in serving, or attempting to serve or execute, any legal or
judicial writ or process of any court of the Tribe, or tribal judge; or
B.
Assault, beat, or wound any officer or other person duly authorized, knowing the
person to be such an officer, or other person so duly authorized, in serving or
executing any such writ, rule, order, process, warrant, or other legal or judicial writ
or process.
C.
Assault on process server shall be punishable by a fine not exceeding Five Thousand
Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not exceeding
one (1) year, or both.
Section 227
Assaulting, Resisting, or Impeding Certain Officers or Employees
It shall be unlawful to:
A.
Forcibly assault, resist, oppose, impede, intimidate, or interfere with any officer,
agent, or employee while such officer, agent, or employee is engaged in or on account
47
of the performance of official duties, or any person assisting such officer, agent, or
employee in the performance of such duties or on account of that assistance; or
B.
Forcibly assault, harass, or intimidate any person who formerly served as a person
designated in subsection A on account of the performance of official duties during such
person’s term of service.
C.
Assault, resisting, or impeding certain officers or employees shall be punishable by a
fine not exceeding Five Thousand Dollars ($5,000.00), or by a term of imprisonment
in the Tribal jail not exceeding one (1) year, or both.
Section 228
Resistance to Extradition Agent
A.
It shall be unlawful to knowingly and willfully obstruct, resist, or oppose an
extradition agent of any federal, tribal, state, or local government in the execution of
the person’s duties.
B.
Resistance to extradition agent shall be punishable by a fine not exceeding Five
Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not
exceeding one (1) year, or both.
Section 229
A.
D.
Assault of Tribal Justice Personnel
It shall be unlawful to use, attempt to use, or threaten to use physical force against
any Tribal personnel authorized to act for, or on behalf of, the Tribe during, or
because of, the performance or duties that individual in:
1.
Preventing, detecting, investigating, making arrests relating to, making
apprehensions for, or prosecuting a covered crime listed in Section 3 herein;
2.
Adjudicating, participating in the adjudication of, or supporting the
adjudication of a covered crime listed in Section 3 herein;
3.
Detaining, providing supervision for, or providing services for persons
charged with a covered crime listed in Section 3 herein; or
4.
Incarcerating, supervising, providing treatment for, providing rehabilitation
services for, or providing reentry services for persons convicted of a covered
crime listed in Section 3 herein.
Assault of Tribal justice personnel shall be punishable by a fine not exceeding Five
Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not
exceeding one (1) year, or both.
Section 230
Rape Definition
48
A.
“Rape” is an act of sexual intercourse involving vaginal or anal penetration
accomplished with a male or female within or without the bonds of matrimony who
may be of the same or the opposite sex as the perpetrator under any of the following
circumstances:
1.
Where the victim is under sixteen (16) years of age;
2.
Where the victim is incapable through mental illness or any other
unsoundness of mind, whether temporary or permanent, of giving legal
consent;
3.
Where force or violence is used or threatened, accompanied by apparent
power of execution to the victim or to another person;
4.
Where the victim is intoxicated by a narcotic or anesthetic agent, administered
by or with the privity of the accused as a means of forcing the victim to
submit;
5.
Where the victim is at the time unconscious of the nature of the act and this
fact is known to the accused;
6.
Where the victim submits to sexual intercourse under the belief that the person
committing the act is a spouse, and this belief is induced by artifice, pretense,
or concealment practiced by the accused or by the accused in collusion with
the spouse with intent to induce that belief. In all cases of collusion between
the accused and the spouse to accomplish such act, both the spouse and the
accused, upon conviction, shall be deemed guilty of rape;
7.
Where the victim is under the legal custody or supervision of a state agency, a
federal agency, a county, a municipality or a political subdivision and engages
in sexual intercourse with a state, federal, county, municipal or political
subdivision employee or an employee of a contractor of the state, the federal
government, a county, a municipality or a political subdivision that exercises
authority over the victim, or the subcontractor or employee of a subcontractor
of the contractor of the state or federal government, a county, a municipality
or a political subdivision that exercises authority over the victim;
8.
Where the victim is at least sixteen (16) years of age and is less than twenty
(20) years of age and is a student, or under the legal custody or supervision of
any public or private elementary or secondary school, junior high or high
school, or public vocational school, and engages in sexual intercourse with a
person who is eighteen (18) years of age or older and is an employee of the
same school system;
9.
Where the victim is nineteen (19) years of age or younger and is in the legal
custody of a state agency, federal agency or tribal agency and engages in
49
sexual intercourse with a foster parent or foster parent applicant; or
10.
Where the victim is a student at a secondary school, is concurrently enrolled at
an institution of higher education, and engages in acts pursuant to this
subsection with a perpetrator who is an employee of the institution of higher
education of which the victim is enrolled.
11.
Rape is an act of sexual intercourse accomplished with a male or female who
is the spouse of the perpetrator if force or violence is used or threatened,
accompanied by apparent power of execution to the victim or to another
person.
Section 231
A.
B.
Rape in the First Degree
Rape or rape by instrumentation in the first degree shall include:
1.
Rape committed by a person over eighteen (18) years of age upon a person
under f
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