# TITLE 14. CRIMES AND

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- **Document type:** Tribal code

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TITLE 14. CRIMES AND
PUNISHMENTS
VHAKVKVCKV HVTVM ESTEMERKV
Chapter
Section
1. CRIMINAL PROCEDURE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
2. CRIMINAL OFFENSES. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101
Cross References
Elections, criminal violations and penalties, see Title 19, § 12–101 et seq.
Gaming, enforcement provisions, see Title 21, § 11–101 et seq.
Traffic Code, see Title 22, § 1–101 et seq.

United States Code Annotated
Laws governing offenses committed in Indian country, see 18 U.S.C.A. § 1152.

CHAPTER 1.

CRIMINAL PROCEDURE

Subchapter
1. Definitions
2. Prosecutor and Indigent Defense Attorneys
3. General Procedural Provisions
4. Proceedings Before Trial
5. Trial
6. Judgment and Sentence
7. Appeal
8. Bail and Bonds
9. Miscellaneous
Cross References
Jurisdiction, see Title 27, § 1–102.
Juvenile adjudications, see Title 6, § 1–701 et seq.
Law Enforcement Department, see Title 16, § 4–101 et seq.

United States Code Annotated
Indian Tribal justice support, see 25 U.S.C.A. § 3611 et seq.

SUBCHAPTER 1.

DEFINITIONS

Section
1–101. Definitions.

§ 1–101. Definitions
The following words and phrases when used in this chapter shall, for the
purposes of this chapter, have the meanings respectively ascribed to them in
this section, except where the context otherwise requires:
A. ‘‘Arrest’’ means the taking of a person into custody in the manner
authorized by law.
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B.

‘‘Clerk’’ means the Muscogee (Creek) Nation District Court Clerk.

C.

‘‘Constitution’’ means the Muscogee (Creek) Nation Constitution.

D. ‘‘Cross-deputization’’ means an agreement between the Nation, the Bureau of Indian Affairs (BIA) and/or any other governmental entity, by which the
Lighthorse Police are authorized to act as law enforcement officers to enforce
the law of another governmental entity within that entity’s territorial jurisdiction, and by which that entity’s law enforcement officers are authorized to act
as law enforcement officers to enforce the Muscogee (Creek) Nation’s laws
within Muscogee (Creek) Nation Indian Country.
E. ‘‘District Court’’ means the District Court of the Muscogee (Creek)
Nation.
F.

[Deleted].

G. ‘‘Indian Country’’ means any real property within the Nation’s constitutional boundaries which is: (1) owned by any Indian subject to federal restrictions against alienation, (2) held in trust by the United States for the benefit of
any Indian, (3) Any real property owned by the Muscogee (Creek) Nation, (4)
held in trust by the United States for the benefit of the Muscogee Creek) Nation,
(5) the Mackey Sandbar site and any other original unallotted fee land owned
by the Muscogee Creek) Nation or (6) any other real property which otherwise
constitutes Indian Country as that term is used in 18 U.S.C. § 1151.
H. ‘‘Lighthorse Police’’ means law enforcement officers of the Muscogee
(Creek) Nation.
I. ‘‘Offense’’ means: (1) any crime as defined by the laws of the Muscogee
(Creek) Nation committed within Muscogee (Creek) Nation Indian country; (2)
any offense as defined by the laws of the Muscogee (Creek) Nation involving the
property or funds of the Muscogee (Creek) Nation, regardless of where the
actions giving rise to the offense occurred; and (3) where applicable, any crime
as defined by the laws of another governmental entity committed outside
Muscogee (Creek) Nation Indian country.
J. ‘‘Other authorized law enforcement officer’’ means any federal law enforcement officer authorized to enforce federal or Tribal law in Muscogee
Creek) Nation Indian Country or any law enforcement officer of a city, county
or state governmental entity who is authorized by a commission received
pursuant to a cross-deputization agreement to enforce federal or Tribal law in
Muscogee Creek) Nation Indian Country.
K. ‘‘Personal property’’ means personal property, including documents,
books, papers, and any other tangible object.
I. ‘‘Supreme Court’’ means the Supreme Court of the Muscogee (Creek)
Nation.
[NCA 01–110, § 101, approved July 6, 2001; amended by NCA 07–179, § 3, eff. July 10,
2007.]

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CRIMINAL PROCEDURE

SUBCHAPTER 2. PROSECUTOR AND INDIGENT
DEFENSE ATTORNEYS
Section
1–201. Prosecutor; general provisions.
1–202. Assistant Prosecutor.
1–203. Minimum qualifications.
1–204. Indigent Defense Attorneys.
1–205. Law clerks and legal interns.
1–206. Preferences in selection.
1–207. Oath of office.
1–208. Compensation.

§ 1–201. Prosecutor; general provisions
All offenses committed by a person against the laws of the Muscogee (Creek)
Nation shall be prosecuted by a Prosecutor. The Office of the Prosecutor shall
be a division of the Muscogee (Creek) Nation Department of Justice. The
prosecutor shall maintain an office at a location designated by the Muscogee
(Creek) Nation Attorney General, but the Prosecutor shall be empowered to
perform his or her duties at any geographic location within or without the
Muscogee (Creek) Nation Indian Country, and at any time of the night or day.
The Prosecutor shall exercise independent professional judgment related to the
investigation, prosecution and sentencing in all criminal and juvenile matters,
but shall be subject to the general administrative supervision of the Attorney
General with regard to personnel matters and general office procedures.
[NCA 01–110, § 102, approved July 6, 2001; amended by 07–179, § 4, eff. July 10,
2007.]
Cross References
Department of Justice, see Title 16, § 3–101.
Offenses against the person, see Title 14, Ch. 2, subch. 3.
Property offenses, see Title 14, Ch. 2, subch. 3.
Obstruction of justice, see Title 14, Ch. 2, subch. 6.
Crimes against public health and safety, see Title 14, Ch. 2, subch. 7.

Library References
District and Prosecuting Attorneys O1.
Indians O600.
Westlaw Topic Nos. 131, 209.

C.J.S. District and Prosecuting Attorneys §§ 1
to 4.
C.J.S. Indians §§ 151 to 179.

§ 1–202. Assistant Prosecutor
An Assistant Prosecutor may be employed to assist in the performance of the
Prosecutor’s duties if so authorized by the Attorney General. The Assistant
Prosecutor shall possess all of the qualifications required for the Prosecutor set
forth in Title 14, § 1–203, and shall have all authority possessed by the
Prosecutor, but shall be under the direct supervision of the Prosecutor as to the
performance of prosecutorial functions, whose decision regarding the performance of such functions shall be final. The Assistant Prosecutor shall be subject
to the general administrative supervision of the Attorney General.
[NCA 01–110, § 103, approved July 6, 2001.]

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§ 1–203. Minimum qualifications
The Prosecutor and the Assistant Prosecutor shall possess the following
minimum qualifications:
1. Be an attorney who has been licensed to practice law before the highest
court of any state for a period of two (2) years or more, and be a member in
good standing of the Oklahoma Bar Association and the Muscogee (Creek)
Nation Bar, except that the Assistant Prosecutor may have been licensed for a
shorter period of time if found to be otherwise qualified for the position;
2. Be at least twenty-one (21) years of age;
3. Have never been convicted of a felony;
4. Have not been convicted of any misdemeanor involving dishonesty or
involving alcohol or substance abuse during the two (2) year period preceding
his or her appointment, and during said two year period shall not have been
subject to supervision of any sort as a result of a conviction of any misdemeanor involving dishonesty or involving alcohol or substance abuse, regardless of
actual date of conviction;
5. Not be Attorney General of the Nation, not be a member of the National
Council, not be a member of a committee or board of the Nation, and not the
holder of any other elective or appointive office of the Nation, provided, that a
candidate who is a member of the National Council, or the holder of some
other appointive or elective Tribal office, may be appointed and confirmed as
Prosecutor, subject to the condition that he or she resign, at which time he or
she may be sworn in as Prosecutor and assume the duties of his or her office;
and
6. Not be employed on a salary or contract basis by the Nation or by
agencies, authorities or other entities of the Nation or by Chartered Indian
Communities of the Nation in any capacity other than as an officer of the Court,
and not be employed by any business owned or operated by the Nation.
[NCA 01–110, § 105, subsec. A, approved July 6, 2001.]
Cross References
Juvenile adjudication not to disqualify from employment or office, see Title 6, § 1–404.

Library References
District and Prosecuting Attorneys O2(3).
Indians O600.
Westlaw Topic Nos. 131, 209.

C.J.S. District and Prosecuting Attorneys
§§ 5, 11 to 14.
C.J.S. Indians §§ 151 to 179.

§ 1–204. Indigent Defense Attorneys
Indigent Defense Attorneys shall be hired to represent as counsel anyone who
appears at the initial appearance without aid of counsel, and who has been
informed by the Judge that it is his or her right to have counsel, and who
desires counsel, if such person is determined by the Court to be indigent
pursuant to court rules setting standards for indigence. Indigent Defense
Attorneys may also be appointed in civil child dependency and neglect cases to
represent parents or guardians who are determined by the Court to be indigent
pursuant to court rules setting standards for indigence.
[NCA 01–110, § 104, approved July 6, 2001.]

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CRIMINAL PROCEDURE
Library References
Indians O638.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–205. Law clerks and legal interns
The Prosecutor and Assistant Prosecutor may be assisted by law clerks and
legal interns who have not yet been licensed to practice law before the highest
court of any state; provided that if a legal intern is licensed as an intern
pursuant to the rules of a state bar association, the Prosecutor shall ensure that
all the requirements related to supervision of legal interns of such state bar
association, as well as any requirements of the Muscogee (Creek) Nation Bar,
are fully met.
[NCA 01–110, § 105, subsec. A, approved July 6, 2001.]

§ 1–206. Preferences in selection
A hiring preference shall be given, in the following order of preference, to
otherwise qualified applicants for the positions of Prosecutor, Assistant Prosecutor, and Indigent Defense Attorney:
A. First preference: Enrolled members of the Muscogee (Creek) Nation;
B. Second preference: Enrolled members of any other Indian Tribe.
C. Third preference: Non-Indians.
[NCA 01–110, § 106, approved July 6, 2001.]
Cross References
Tribal employees, Indian preference, see Title 37, § 3–201 et seq.

Library References
District and Prosecuting Attorneys O2(2).
Indians O213.
Westlaw Topic Nos. 131, 209.

C.J.S. District and Prosecuting Attorneys §§ 5
to 7.
C.J.S. Indians §§ 59 to 61.

§ 1–207. Oath of office
Upon appointment, the Prosecutor, and the Assistant Prosecutor, shall be
installed and take office as soon as practical. Prior to installation the Prosecutor and Assistant Prosecutor must take the following Oath of Office:
‘‘I,
, do solemnly swear (or affirm) that I will faithfully execute the
office of the Prosecutor, will enforce the laws of the Muscogee (Creek) Nation
in all causes coming before me with integrity and fairness, without regard to
the identities of the parties before me, and will to the best of my ability
preserve, protect and defend the Constitution of the Muscogee (Creek) Nation
of Oklahoma.’’
[NCA 01–110, § 107, approved July 6, 2001.]

§ 1–208. Compensation
The compensation of the Prosecutor, and Assistant Prosecutor shall be paid
by the Muscogee (Creek) Nation pursuant to the Nation’s personnel or employment contract policies.
[NCA 01–110, § 108, approved July 6, 2001.]

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Library References

District and Prosecuting Attorneys O4.
Westlaw Topic No. 131.

SUBCHAPTER 3.

C.J.S. District and Prosecuting Attorneys
§§ 64 to 80.

GENERAL PROCEDURAL PROVISIONS

Section
1–301. Scope, purpose and construction.
1–302. Prosecution of offenses.
1–303. Rights of defendant.
1–304. Court appointment of counsel a privilege.
1–305. Limitation of prosecution.
1–306. Search and seizure.
1–307. Arrest.
1–309. Extradition of defendants subject to other jurisdiction.
1–310. Protective custody.

§ 1–301. Scope, purpose and construction
A. Applicability. This Title governs the procedure in all criminal proceedings in the District Court.
B. Criminal proceeding defined. A criminal proceeding includes any proceeding in which a person is charged with a criminal offense of any degree,
brought to trial, convicted, or punished.
C. Construction and intent. This Title is intended to provide for the just
determination of every criminal proceeding. It shall be construed to secure
simplicity in procedure, fairness in administration of justice and the elimination
of unjustifiable expense and delay.
D. Other applicable law. In any case wherein provisions which would
govern specific procedural issues are not contained in this chapter, the District
Court may resort to the Judicial Code or other applicable law of the Nation,
subject always to the due process rights of the defendant and the fundamental
fairness of the proceedings. If no provisions addressing such procedural issues
are contained in the Judicial Code or other applicable law of the Nation, the
Court may proceed in a lawful fashion consistent with Muscogee (Creek) Nation
laws, the Constitution of the Nation, and the federal Indian Civil Rights Act,
subject always to the due process rights of the defendant and the fundamental
fairness of the proceedings; provided, that nothing in this section shall be
construed as authorizing the applicability of any state or federal procedural or
substantive law or statute to criminal proceedings in the Muscogee (Creek)
Nation courts.
[NCA 01–110, § 201, approved July 6, 2001.]
Library References
Indians O600.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–302. Prosecution of offenses
A. Punishment. No person shall be punished for an offense except upon a
legal conviction, including a plea of guilty or nolo contendere in open court, by
88

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CRIMINAL PROCEDURE

a court of competent jurisdiction, provided, however, that no incarceration or
other disposition of one accused of an offense prior to trial in accordance with
this title shall be deemed punishment.
B. Plaintiff and defendant. All criminal proceedings shall be prosecuted in
the name of the Muscogee (Creek) Nation as plaintiff, against the person
charged with an offense, referred to as the defendant.
C. Criminal case number. The District Court Clerk shall assign a case
number prefix to criminal actions in a manner approved by the District Court.
[NCA 01–110, § 202, approved July 6, 2001.]
Library References
Indians O600, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–303. Rights of defendant
In all criminal proceedings, the defendant shall have the following rights:
A. Representation. The defendant shall have the right to appear and represent himself; to be represented by a Indigent Defense Attorney upon application
and approval by the Court if found qualified for free representation; to be
represented at his or her own expense by any attorney admitted to practice
before the District Court.
B. Nature of charges. The defendant shall have the right to be informed of
the nature of the charges against him and to have a written copy of the
complaint containing all information required by Title 14, § 1–401 herein.
C. Testimony by defendant. The defendant shall have the right to testify in
his or her own behalf, or to refuse to testify regarding the charge against him or
her, provided, however, that once a defendant takes the stand to testify on any
matter relevant to the immediate proceeding against him or her, he or she shall
be deemed to have waived all right to refuse to testify in that immediate
criminal proceeding. However, such a waiver in one distinct phase of the
criminal trial process, such as a motion hearing, trial or sentencing hearing,
shall not be deemed to constitute a waiver of defendant’s right to remain silent
in other distinct phases of the criminal trial process.
D. Confront witnesses. The defendant shall have the right to confront and
cross-examine all witnesses against him, subject to evidentiary requirements in
the Judicial Code or other applicable law of the Muscogee (Creek) Nation.
E. Subpoena. The defendant shall have the right to compel by subpoena the
attendance of witnesses on his or her own behalf.
F. Speedy trial. The defendant shall have the right to have a speedy public
trial, which shall be held within one-hundred and eighty (180) days of the date
of the defendant’s arraignment if he or she has made bail and within ninety (90)
days of the date of the defendant’s arraignment if he or she is incarcerated due
to his or her failure or inability to make bail, unless the defendant has waived
his or her right to a speedy trial, said trial to be held before an impartial judge
or jury as provided in this Title or other applicable law of the Nation.
89

Title 14, § 1–303
G.

CRIMES & PUNISHMENTS

Appeal. The defendant shall have the right to appeal in all cases.

H. Spouse’s testimony. The defendant shall have the right to prevent his or
her present or former spouse from testifying against him concerning any matter
which occurred during such marriage, except that:
1. The defendant’s present or former spouse may testify against him in any
case in which the offense charged is alleged to have been committed against the
spouse or the immediate family, or the children of either the spouse or the
defendant, or against the marital relationship; and
2. Any testimony by the spouse in the defendant’s behalf will be deemed a
waiver of this privilege.
I. Double jeopardy. The defendant shall have the right to not be twice put in
jeopardy by the Nation for the same offense, provided that nothing herein shall
be construed as prohibiting the prosecution in the Muscogee (Creek) Nation
Courts of a defendant following a state or federal jeopardy.
[NCA 01–110, § 203, approved July 6, 2001.]
Cross References
Child abuse proceedings, communication not privileged, see Title 6, § 1–506.
Juvenile proceedings, exclusion of certain statements by alleged delinquent, see Title 6, § 1–407.

Library References
Indians O213, 603, 609, 610, 612, 630, 638.
Westlaw Topic No. 209.
C.J.S. Indians §§ 59 to 61, 151 to 179.

§ 1–304. Court appointment of counsel a privilege
Appointment of free legal counsel for a defendant is a privilege which shall be
granted to defendants unable to afford legal counsel by the Court.
[NCA 01–110, § 204, approved July 6, 2001.]
Library References
Indians O638.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–305. Limitation of prosecution
A. Bribery and offenses related to public funds and public property. Prosecutions for the crimes of bribery, embezzlement of public money, assets or
property of the Muscogee (Creek) Nation or other subdivision thereof, or of any
misappropriation of public money, assets or property of the Muscogee (Creek)
Nation or other subdivision thereof, falsification of public records of the
Muscogee (Creek) Nation or other subdivision thereof, and conspiracy to
defraud the Muscogee (Creek) Nation or other subdivision thereof in any
manner or for any purpose shall be commenced within seven (7) years after the
discovery of the crime.
B. Tax laws. Prosecutions for criminal violations of any Muscogee (Creek)
Nation tax laws shall be commenced within five (5) years after the commission
of such violation.
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C. Rape and forcible sodomy. Prosecution for the crime of rape or forcible
sodomy shall be commenced within seven (7) years after the discovery of the
crime.
D. Other offenses. In all other cases a prosecution for a public offense must
be commenced within seven (7) years after its commission.
[NCA 01–110, § 205, approved July 6, 2001.]
Library References
Indians O602.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–306. Search and seizure
A. Search warrants. A search warrant is an order directed to any federal
law enforcement officer or a Lighthorse Police Officer directing him to search a
particular place in Muscogee (Creek) Nation Indian Country for described
persons or personal property and if found to seize them.
B. Affidavit. A warrant shall issue only on an affidavit or affidavits sworn to
before a District Judge and establishing grounds for issuing the warrant. If the
District Judge is satisfied that grounds for the application exist or that there is
probable cause to believe that they exist, he or she shall issue a warrant
identifying the personal property and naming or describing the person or place
to be searched. The finding of probable cause may be based on hearsay
evidence either in whole or in part.
C. Contents of search warrants. Every search warrant shall contain the
name and address of the Court and the signature of the District Judge issuing
the warrant. It shall specifically describe the place to be searched and the items
to be searched for and seized. The warrant shall be directed to any Lighthorse
Police Officer or other authorized law enforcement officer. The warrant shall
contain the date upon which it was issued and shall command that the search
shall be conducted within a specified period of time not to exceed ten (10) days.
The warrant shall specify the person or place to be searched and shall specify
the objective of the search.
D. Service of search warrants. Search warrants shall be served by any
Lighthorse Police Officer or other authorized law enforcement officer between
the hours of 7:00 a.m. and 9:00 p.m., unless otherwise directed on the warrant
by the District Judge who issued it. A copy of the warrant shall be left with an
occupant or owner over sixteen (16) years of age of the place searched if
present during said search. If the place to be searched is not occupied at the
time of the search, a copy of the warrant shall be left in some conspicuous
place on the premises. In order to serve the warrant, the officer may break
open any outer or inner door or window of a place to be searched, or any part
of any place to be searched, or anything thereon, if after notice of the officer’s
authority and purpose, the officer is denied or refused admittance, or when the
premises to be searched are unoccupied at the time of the search, or if it is
necessary to liberate himself or a person aiding in the execution of the warrant.
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E. Inventory. The officer serving a search warrant shall make a signed
inventory of all personal property seized and attached such inventory to the
warrant. A copy of the inventory and search warrant shall be left with an
occupant or owner over sixteen (16) years of age if present during the search or
left in a conspicuous place with the search warrant if an occupant is not
present during the search.
F.

Return of search warrants.

1. The officer shall endorse on the warrant the date, time, and place of
service and the signature of the officer serving it.
2. The warrant shall be returned to the Court with an inventory of personal
property seized within five (5) days of service, Saturdays, Sundays, and legal
holidays excluded.
3. In every case the warrant shall be returned within ten (10) days of the
date of issuance, unless return be due on a Saturday, Sunday, or legal holiday,
in which case, the return shall be made on the next business day.
G. Personal property subject to seizure. Personal property in Muscogee
(Creek) Nation Indian country which is subject to seizure is property in which
there is probable cause to believe such property is:
1.

Stolen, embezzled, contraband, or otherwise criminally possessed; or

2.

Which is or has been used to commit a criminal offense; or

3. Personal property which constitutes evidence of the commission of a
criminal offense.
H. Warrantless searches. A Lighthorse Police Officer or other authorized
law enforcement officer may conduct a search without a warrant in Muscogee
(Creek) Nation Indian country only:
1.

Incident to a lawful arrest; or

2.

With the consent of the person to be searched, or

3. With the consent of the person having actual possession and control of
the property to be searched; or
4. When he has reasonable grounds to believe that the person searched may
be armed and dangerous; or
5. When the search is of a vehicle capable of being moved and the officer
has probable cause to believe that it contains personal property subject to
seizure, or upon inventory of such vehicle after impoundment and seizure; or
6. In any other circumstances wherein federal or Tribal case law has held
that a search without obtaining a warrant prior to the search in those circumstances would not be unreasonable.
I. Unlawful search and seizure. A person aggrieved by an unlawful search
and seizure may move the District Court for the return of the personal
property, not contraband, on the ground that he is entitled to lawful possession
of the personal property illegally seized. The District Court may receive evidence on any issue of fact necessary to the decision of the motion. If the motion
is granted, the personal property shall be returned, if not contraband, and shall
not be admissible at any hearing or trial.
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J. Questioning of person in act of committing offense; frisk search. A
Lighthorse Police Officer or other authorized law enforcement officer may stop
any person in a public place in Muscogee (Creek) Nation Indian Country whom
he or she has reasonable cause to believe is in the act of committing an offense,
or has committed an offense, or is attempting to commit an offense and
demand of him his or her name, address, an explanation of his or her actions
and may, if he or she has reasonable grounds to believe his or her own safety or
the safety of other nearby is endangered, conduct a frisk type search of such
person for weapons.
[NCA 01–110, § 206, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 510.

Cross References
Search warrants for the protection of children, see Title 6, § 1–601 et seq.

Library References
Searches and Seizures O24, 101, 105, 123,
141.
Westlaw Topic No. 349.
C.J.S. Searches and Seizures §§ 13 to 14, 16,
21, 61, 70 to 71, 172 to 176, 183 to 186, 188

to 193, 199 to 200, 203 to 205, 225 to 243,
246 to 247, 250 to 251, 253 to 255, 272,
274.

§ 1–307. Arrest
A. Persons authorized to make arrest. An arrest may be made by either a
Lighthorse Police Officer or other authorized law enforcement officer or by a
private person.
B. Arrest without warrant. A Lighthorse Police Officer or other authorized
law enforcement officer may make an arrest in obedience to an arrest warrant,
or he or she may, without a warrant, arrest a person:
1. When he or she has probable cause to believe that an offense has been
committed in his or her presence.
2. When he or she has probable cause for believing the person has committed an offense, although not in his or he or her presence, and there is
reasonable cause for believing that such person before a warrant can be
obtained may:
a.

Flee the jurisdiction or conceal himself to avoid arrest, or

b.

Destroy or conceal evidence of the commission of an offense, or

c. Injure or annoy another person or damage property belonging to another
person.
C. Citizen’s arrest. A private person may arrest another, for prompt delivery
to a Lighthorse Police Officer or other authorized law enforcement officer,
when an offense is committed or attempted in his or her presence;
D. Request for assistance in making arrest. Any person making an arrest
may orally summon as many persons as he or she deems necessary to help him.
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CRIMES & PUNISHMENTS

E. Arrest at residence. If the offense charged is an offense in violation of the
Federal Major Crimes Act,1 the arrest may be made at his or her residence at
any time of the day or night. Otherwise the arrest pursuant to a warrant can be
made at a person’s residence only between the hours of 7:00 a.m. and 9:00 p.m.
unless otherwise specifically authorized by the issuing Judge. The arrest shall
be by a Lighthorse Police Officer or other authorized law enforcement officer
pursuant to an arrest warrant, or by a Lighthorse Police Officer or other
authorized law enforcement officer for an offense committed in the home in the
presence of the officer, or by a Lighthorse Police Officer or other law enforcement officer in continuous pursuit of a person who flees to his or her home to
avoid arrest. Arrest at places other than at the residence may be made at any
time.
F. Information to be provided to person arrested. Any person, upon making
an arrest:
1. Must inform the person to be arrested of his or her intention to arrest
him, of the cause or reasons for the arrest, and his or her authority to make it,
except when the person to be arrested is actually engaged in the commission of,
or an attempt to, commit an offense, or is pursued immediately after its
commission or an escape if such is not reasonably possible under the circumstances;
2. Must show the warrant of arrest as soon as is practicable, if such exists
and is demanded;
3. If a Lighthorse Police Officer or other authorized law enforcement
officer, may use reasonable force and use all necessary means to effect the
arrest if the person to be arrested either flees or forcibly resists after receiving
information of the officer’s intent to arrest, provided that deadly force may be
used only when deemed necessary and reasonable for the protection of the
public and in accordance with the rights of the suspect under the Indian Civil
Rights Act;
4. If a Lighthorse Police Officer or other authorized law enforcement
officer, may break open a door or window of a building in which the person to
be arrested is, or is reasonable believed to be, after demanding admittance and
explaining the purpose of which admittance is desired;
5. May search the person arrested and take from him and put into evidence
all weapons he or she may have about his or her person;
6. Shall as soon as is reasonably possible, deliver the person arrested to a
police officer or do as commanded by the arrest warrant or deliver the person
arrested to the jail for processing of a complaint.
[NCA 01–110, § 207, approved July 6, 2001.]
1 18 U.S.C.A. § 1153.

Historical and Statutory Notes
Derivation:
NCA 82–30, § 509.

Cross References
Domestic or family violence, arrests, see Title 6, § 3–305.

94

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Library References
Arrest O62, 64, 66, 68(5).
Westlaw Topic No. 35.

C.J.S. Arrest §§ 9 to 13, 48 to 49, 52 to 53,
55.

§ 1–308 Arrest in hot pursuit
A. Pursuit outside Muscogee (Creek) Nation Indian Country. Any Lighthorse Police Officer or other law enforcement officer otherwise empowered to
arrest a person within Muscogee (Creek) Nation Indian Country may continuously pursue such person from a point of initial contact within the Muscogee
(Creek) Nation jurisdiction to any point of arrest within or without Muscogee
(Creek) Nation Indian Country and such arrest shall be valid, provided, that
such officer shall respect and comply with the extradition requirements of the
jurisdiction in which the arrest is finally made.
B. Pursuit inside Muscogee (Creek) Nation Indian Country. Any law enforcement officer commissioned by the federal government, any Indian Tribe,
or any state, when in hot and continuous pursuit of any person for the
commission of a felony within such other jurisdiction, may validly arrest such
person within the Muscogee (Creek) Nation jurisdiction, provided, that any
person so arrested shall be forthwith delivered to the Lighthorse Police for a
show cause hearing pursuant to the requirements governing extradition set
forth in Section 211 of this Title.1
[NCA 01–110, § 208, approved July 6, 2001.]
1 So in original;

no Section 211 was added by NCA 01–110. See Title 14, § 1–309.

Library References
Arrest O66(3).
Westlaw Topic No. 35.
C.J.S. Arrest § 55.

§ 1–309. Extradition of defendants subject to other jurisdiction
[Reserved pursuant to NCA 01–110, § 2, § 209, approved July 6, 2001.]

§ 1–310. Protective custody
Any Indian person who through physical or mental disability or habitual
intemperance is unable to care for himself may be taken into protective custody
and held in jail without criminal charges for a period not to exceed twenty-four
(24) hours.
[NCA 92–14, § 1–603, approved March 4, 1992.]

SUBCHAPTER 4.

PROCEEDINGS BEFORE TRIAL

Section
1–401. The complaint.
1–402. Arrest warrant or summons to appear.
1–403. Criminal citations.
1–404. Initial appearance and arraignment.
1–405. Plea bargaining.
1–406. Withdrawing guilty plea.

95

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Section
1–407. Depositions.
1–408. Discovery.
1–409. Subpoena.

§ 1–401. The complaint
A. Complaint. Every criminal proceeding shall be commenced by the filing
of a criminal complaint. The complaint is a sworn written statement of the
essential facts charging that a named individual(s) has committed a particular
offense.
B.

Contents of complaint. The complaint shall contain:

1.

The name and address of the court;

2. The name of the defendant; if known or some other name if not known
plus whatever description of the defendant is known, including his or her Tribal
membership or Tribal affiliation if known;
3. The signature of the Prosecutor or Assistant Prosecutor and his or her
typewritten name, title, and office address;
4. A written statement describing in ordinary and plain language the facts of
the offense alleged to have been committed including a reference to the time,
date, and place as nearly as may be known. The offense may be alleged in the
language of the statute violated;
5. The person against whom or against whose property the offense was
committed and the names of the witnesses of the Nation if known, otherwise no
statement need be made;
6. The general name and Muscogee (Creek) Nation Code title and section
number of the alleged offense; and
7.

Verification by a Lighthorse Officer.

C. Error. No minor omission from or error in the form of the complaint
shall be grounds for dismissal of the case unless some significant prejudice
against the defendant can be shown to result therefrom.
D. Time of filing complaint. A complaint may be filed at any time within the
period prescribed by Title 14, § 1–406, provided, that if an accused has been
arrested without a warrant the complaint shall be filed promptly and in no case
later than the time of arraignment.
E. Joinder of offenses. Two (2) or more offenses may be charged in one
complaint so long as they are set out in separate counts and:
1.

They are part of a common scheme or plan, or

2.

They arose out of the same transaction.

F. Joinder of defendants. Two (2) or more defendants may be joined in one
complaint if they are alleged to have participated in a common act, scheme, or
plan to commit one or more offenses. Each defendant need not be charged in
each count.
G. Dismissal of complaint. The Court, for the furtherance of justice, may
either on its own motion or upon the application of the prosecuting attorney,
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order an action be dismissed. An order for the dismissal of the action shall not
be a bar to any other prosecution for the same offense.
[NCA 01–110, § 301, approved July 6, 2001.]
Cross References
Right of defendant to be informed of nature of charges, see Title 14, § 1–303.

Library References
Indians O604.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–402. Arrest warrant or summons to appear
A. Summons and arrest warrants. If it appears from the complaint that an
offense has been charged against the defendant, a Judge of the District Court
may issue a summons to the defendant to bring him before the court in lieu of
an arrest warrant. An arrest warrant shall issue only upon a complaint
charging an offense by the defendant against the law of the Nation supported
by the recorded ex parte testimony or affidavit of some person having knowledge of the facts of the case through which the Judge can determine that
probable cause exists to believe that an offense has been committed and that
the defendant committed it.
B. Contents of summons. A criminal summons shall contain the same
information as an arrest warrant except, that instead of commanding the arrest
of the accused, it shall order the defendant to appear before a District Judge
within five (5) days or on some certain day to enter a plea to the charge, and a
notice that upon the defendant’s failure to appear an arrest warrant shall issue
and that the defendant may be further charged with disobeying a lawful order
of the Court. If the defendant fails to appear in response to a summons or
refuses to accept the summons an arrest warrant shall be issued.
C. Contents of arrest warrants. The warrant of arrest shall be signed by the
Judge issuing it, and shall contain the name and address of the Court; the name
of the defendant, or if the correct name is unknown, any name by which the
defendant is known and the defendant’s description; and, a description of the
offense charged with a reference to the section of the Muscogee (Creek) Nation
Crimes and Punishments Code alleged to have been violated. It shall order and
command the defendant be arrested and brought before a Judge of the District
Court to enter a plea. When two (2) or more charges are made against the same
person only one warrant shall be necessary to commit him to trial.
D.

Service of arrest warrants and summons.

1. Warrants for arrest and criminal summons authorized in writing by the
Judge may be served by any Lighthorse Police or other authorized law enforcement officer or any adult person at any place within Muscogee (Creek) Nation
Indian Country. Warrants for arrest and criminal summons authorized in
writing by the Judge may also be served outside Muscogee (Creek) Nation
Indian Country by any other law enforcement officer who has a Lighthorse
commission pursuant to a cross-deputization agreement or other federal, state
97

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and Tribal law enforcement officer(s) whose assistance has been requested by
the Muscogee (Creek) Lighthorse Police.
2. Warrants for arrest and summons are to be served at a person’s home
only between the hours of 7:00 a.m. and 9:00 p.m., unless an authorization to
serve such process at night is placed on the face thereof by a District Judge.
3. The date, time, and place of service or arrest shall be written on the
warrant or summons along with the signature of the person serving such, and
the warrant returned to the Court. A copy, so signed, shall be given to the
person served or arrested at the time of arrest if reasonably possible, or as soon
thereafter as is reasonably possible.
4. An officer need not have the warrant in his or her possession at the time
of arrest, but if not he or she shall inform the defendant of the charge, that a
warrant of arrest has been issued and shall provide the defendant a copy of the
warrant not later than the time of arraignment.
[NCA 01–110, § 302, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 508.

Library References
Indians O604.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–403. Criminal citations
A. Issuance of citation. Whenever a Lighthorse Police or other authorized
law enforcement officer would be empowered to make an arrest without a
warrant for an offense, but has reasonable grounds to believe an immediate
arrest is not necessary to preserve the public peace and safety, he or she may,
in his or her discretion, issue the defendant a citation instead of taking said
person into custody. Such citation, signed by the Lighthorse Police or other
authorized law enforcement officer, shall be considered a court order, and may
be filed in the action in lieu of a formal complaint, if endorsed by the Muscogee
(Creek) Nation Prosecutor, unless the Court orders that a formal complaint be
filed.
B.

Contents of citation.

1. The citation shall contain the name and address of the Court, the name or
alias and description of the defendant, a description of the offense charged, and
the signature of the Lighthorse Police Officer or other authorized law enforcement officer who issued the citation.
2. The citation shall contain an agreement by the defendant to appear
before a District Judge within five (5) days or on a day certain to answer to the
charge, and the signature of the defendant.
3. The citation shall contain a notice that upon defendant’s failure to
appear, an arrest warrant shall issue and that the defendant may be further
charged with disobeying a lawful order of the Court.
98

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4. The original copy of the citation shall be delivered to the Criminal
Prosecutor for review and a legible copy shall be given to the defendant.
[NCA 01–110, § 303, approved July 6, 2001.]

§ 1–404. Initial appearance and arraignment
A. Initial appearance: An initial appearance is a hearing at the conclusion
of which the District Court shall determine whether a detention after the arrest
of an accused person is reasonable. The initial appearance shall be held within
forty-eight (48) hours of an accused person’s arrest and confinement.
B. Arraignment defined. An arraignment is the bringing of an accused
person before the District Court Judge in order to inform him of the charge
against him and of his or her rights, receive his or her plea and set bail. The
arraignment shall be held in open court upon the appearance of an accused in
response to a criminal summons, citation or criminal complaint.
C. Procedure at arraignment. Arraignments shall be conducted in the
following order:
1.

The District Judge should request the Prosecutor to read the charges.

2. The Prosecutor should read the entire complaint, deliver a copy to the
defendant unless he or she has previously received a copy thereof, and state the
minimum and maximum authorized penalties.
3. The District Judge should determine that the accused understands the
charge against him and explain to the defendant that he or she has the
following rights:
a.

The right to remain silent;

b.

The right to be tried by a jury upon request; and

c. The right to consult with an attorney at his or her own expense and that if
he or she desires to consult with an attorney the arraignment will be continued.
4. The District Judge shall ask the defendant if he or she wishes to obtain
counsel and, if the defendant so desires, he or she will be given a reasonable
time to obtain counsel. If the defendant shows his or her indigence and counsel
is available for appointment, an Indigent Defense Attorney may be appointed to
serve as counsel.
5. The District Judge should ask the defendant whether he or she wishes to
plead ‘‘guilty’’, ‘‘nolo contendere’’, or ‘‘not guilty’’. If the defendant is allowed
time to obtain or consult with counsel, the District Court shall enter a plea of
‘‘not guilty’’ on the defendant’s behalf.
D. Receipt of plea at arraignment. The defendant shall plead ‘‘guilty’’, ‘‘nolo
contendere’’, or ‘‘not guilty’’ to the offense charged, at which time the Judge
shall proceed as follows:
1. If the defendant refuses to plead, the Judge shall enter a plea of ‘‘not
guilty’’ for him.
2. If the defendant pleads ‘‘not guilty’’, the Judge shall set a trial date and
conditions for bail prior to trial.
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3. If the defendant pleads ‘‘guilty’’ or ‘‘nolo contendere’’, the Court shall not
accept the plea without first addressing the defendant personally and determining that the defendant understands the nature of the charge, the rights that he
or she is waiving, and that he or she is making the plea voluntarily. The Court
shall not enter a judgment upon a plea of guilty or nolo contendere unless it is
satisfied that there is a factual basis for the plea. If the guilty plea is accepted,
the Judge may immediately sentence the defendant or order a sentencing
hearing. If the Court refuses to accept a plea of guilty or nolo contendere, the
Court shall enter a plea of not guilty.
4. The defendant, with the consent of the Court and of the prosecuting
attorney, may plead guilty to any lesser offense than that charged which is
included in the offense charged in the complaint or to any lesser degree of the
offense charged.
[NCA 01–110, § 304, approved July 6, 2001.]
Library References
Indians O605.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–405. Plea bargaining
Whenever the defendant plea guilty as a result of a plea arrangement with the
Prosecutor, the full terms of such agreement shall be disclosed to the Judge.
The Judge in his or her discretion, is not required to honor such agreement. In
the event that the Judge decides not to honor such agreement, he or she should
offer the defendant an opportunity to withdraw his or her plea and proceed to
trial.
[NCA 01–110, § 305, approved July 6, 2001.]
Library References
Indians O605.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–406. Withdrawing guilty plea
A motion to withdraw a plea of guilty may be made only before a sentence is
imposed, deferred, or suspended, except that the Court may allow a guilty plea
to be withdrawn to correct a manifest injustice.
[NCA 01–110, § 306, approved July 6, 2001.]
Library References
Indians O605.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–407. Depositions
A. Depositions—when taken. Whenever due to exceptional circumstances of
the case it is in the interest of justice that the testimony of a prospective witness
of a party be taken and preserved for use at trial, the Court may upon motion of
100

Title 14, § 1–407

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such party and notice to the parties order that testimony of such witness be
taken by deposition.
B. Oral deposition of defendant. In no event shall a deposition be taken of a
party defendant without the defendant’s consent and the scope and manner of
such deposition including the examination and cross-examination shall be such
as would be allowed in the trial itself. The Nation shall make available to the
defendant or defendant’s counsel for examination and use at the taking of his or
her deposition any statement of a witness which is in their possession to which
the defendant would be entitled to at the trial.
C. Notice of taking deposition. The party who is taking the deposition shall
give to every party reasonable written notice of the time and place for taking
the deposition. The notice shall state the name and address of each person to be
examined.
D.

Depositions—how taken

1. The deposition shall be taken by stenographic means. The Court may
upon motion order that a deposition be taken by telephone, video recording or
other remote electronic means.
2. A deposition upon oral examination shall not last more than six (6) hours
and shall be taken only between the hours of 8:00 a.m. and 5:00 p.m. on a day
other than a Saturday or Sunday and on a date other than a holiday unless
agreed upon by the parties.
E. Objections to deposition. Objections to deposition testimony or evidence
or parts thereof shall be stated at the time of the taking of the deposition
including stating the grounds for the objection.
F.

Use of deposition

1. At the trial or upon any hearing, a part or all of a deposition, so far as
otherwise admissible under the rules of evidence, may be used as substantive
evidence if the witness is unavailable, or the witness gives testimony at the trial
or hearing inconsistent with that witness’ deposition.
2. Any deposition may be used by any party for the purpose of contradicting
or impeaching testimony of the deponent as a witness. If only part of the
deposition is offered in evidence by a party, an adverse party may require the
offering of all of it which is relevant to the part offered; any party may offer
other parts.
G. Payment of expenses. The party that is seeking to depose shall pay the
cost of the deposition, including travel expense, attorney’s fees and the cost of
the transcript of the deposition. Whenever a deposition is taken by the defendant who is unable to bear the expense, the Court may direct that the expenses
be paid by the Nation.
[NCA 01–110, § 307, approved July 6, 2001.]
Library References
Indians O604.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

101

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§ 1–408. Discovery
A. Requests for discovery. Requests for discovery shall be accompanied by a
statement of interrogatories or request for admissions and a list of the documents, if any sought to be produced.
B. Disclosure of evidence by the Nation. Upon request of the defense, the
Nation shall disclose the following:
1. The names and address of witnesses which the Nation intends to call at
trial, together with their relevant, written or recorded statement, if any, or if
none summaries of any oral statement;
2. Any written or recorded statements and the substance of any oral
statements made by the accused or made by a co-defendant;
3. Any reports made by experts in connection with the particular case,
including results of physical or mental examination and of scientific tests,
experiments, or comparisons;
4. Any books, papers, documents, photographs, tangible objects, buildings
or places which the prosecuting attorney intends to use in the hearing or trial
or which were obtained from or belonged to the accused;
5. Any record or prior criminal convictions of the defendant or any codefendant; and OSBI rap sheet/records check on any witness listed by the
Nation who will testify at trial, except that the OSBI report shall not provide
date of birth, social security number, home phone number or address.
6. Any evidence favorable to the defendant if such evidence is material to
either guilt or punishment.
C. Disclosure of evidence by the defendant. Upon request of the Nation, the
defense shall be required to disclose the following:
1. The names and addresses of witnesses which the defense intends to call
at trial, together with their relevant written or recorded statement, if any, or if
none, summaries of any oral statement;
2. OSBI rap sheet/records check on any witness listed by the defendant who
will testify at trial, except that the OSBI report shall not provide date of birth,
social security number, home phone number or address.
3. The names and addresses of any witness the defendant will call, other
than himself, for testimony relating to any mental disease, mental defect, or
other condition bearing upon his or her mental state at the time the offense was
allegedly committed, together with the witness’ statement of that fact, unless
the statement is redacted by the court to preclude disclosure of privileged
communication;
4. Upon the prosecuting attorney’s request, the defendant shall allow him
access at any reasonable times and in any reasonable manner to inspect,
photograph, copy, or have reasonable tests made upon any book, paper,
document, photograph, or tangible object which is within the defendant’s
possession or control and which:
a.

The defendant intends to offer into evidence, or
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b. Is a report or statement as to physical or mental examination or scientific
test made in connection with the case prepared by and relating to the anticipated testimony of a person whom the defendant intends to call as a witness,
provided the report or statement is not precluded by privileged communication.
D.

Information not subject to disclosure

1. This Title does not authorize the discovery or inspection of reports,
memoranda or other internal government documents made by the attorney for
the Nation or any other government agent investigating or prosecuting the case.
Nor does the rule authorize the discovery or inspection of statements made by
government witnesses or prospective government witnesses except as provided
above in subsection B.
2. The discovery order shall not include discovery of legal work product of
either attorney which is deemed to include legal research or those portions of
records, correspondence, reports, or memoranda which are only the opinions,
theories, or conclusions of the attorney or the attorney’s legal staff.
E. Time of discovery. All issues relating to discovery, except as otherwise
provided, will be completed at least ten (10) days prior to trial. The court may
specify the time, place and manner of making the discovery and may prescribe
such terms and conditions as are just.
F.

Regulation of discovery

1. Upon motion of the Nation or defendant, the Court may at any time order
that specified disclosures be restricted, or make any other protective order. If
the Court enters an order restricting specified disclosures, the entire text of the
material restricted shall be sealed and preserved in the records of the Court to
be made available to the Appellate Court in the event of an appeal.
2. If at any time during the course of the proceedings it is brought to the
attention of the Court that a party has failed to comply with this rule, the Court
may order such party to permit the discovery or inspection, grant continuance,
or prohibit the party from introducing evidence not disclosed, or it may enter
such other order as it deems just under the circumstances.
3. Reasonable cost of copying, duplicating, videotaping, developing or any
other cost associated with this Code for items requested shall be paid by the
party so requesting; however any item which was obtained from the defendant
by the Nation of which copies are requested by the defendant shall be paid by
the Nation.
[NCA 01–110, § 308, approved July 6, 2001.]
Library References
Indians O604.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–409. Subpoena
A. Issuance and return. The defendant and the prosecutor shall have the
right to subpoena any witnesses they deem necessary for the presentation of
their case, including subpoenas issued in blank. Subpoenas in criminal cases
shall be issued, served and returned as in civil cases.
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B. Service. A subpoena may be served any place within or without Muscogee (Creek) Nation Indian Country, as provided for service in civil cases.
C. Civil sanctions for failure to comply with subpoena. Failure, without
adequate excuse, to obey a properly served subpoena may be deemed a
contempt of Court, and civil enforcement may proceed upon the order of the
Court. No contempt shall be prosecuted unless a return of service of the
subpoena has been made on which is endorsed the date, time and place of
service and the person performing such service. The Court shall determine on a
case by case basis whether it possesses sufficient civil jurisdiction over nonIndian persons who have failed to obey a subpoena; such determination shall
focus on whether such non-Indian person has sufficient contacts with Muscogee (Creek) Nation Indian Country to justify the exercise of the Nation’s civil
jurisdiction over such person.
[NCA 01–110, § 309, approved July 6, 2001.]
Library References
Indians O604.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

SUBCHAPTER 5.

TRIAL

Section
1–501. Trial by jury or by Court.
1–502. Order of trial.
1–503. Judge conflict or disability.
1–504. Evidence.
1–505. Expert witnesses.
1–506. Interpreters.
1–507. Motion for judgment of acquittal.
1–508. Instructions.
1–509. Verdict.

§ 1–501. Trial by jury or by Court
All trials of offenses which are punishable by incarceration shall be by jury
unless the defendant and the Muscogee (Creek) Nation waive trial by jury, in
which case the proceeding shall be tried by the District Court without a jury.
Jurors shall be selected and jury trials shall be conducted in accordance with
the provisions governing juries contained in the Judicial Procedures Code of
the Muscogee (Creek) Nation.
[NCA 01–110, § 401, approved July 6, 2001.]
Cross References
Jury trials, judicial procedure, see Title 27, § 2–110 et seq.

Library References
Indians O608.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

104

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§ 1–502. Order of trial
The trial of all criminal offenses shall be conducted in the following manner:
A. Calling case. The Court shall call the case name and number and ask the
parties if they are ready to proceed. If the parties are not ready, the Court may
continue the case or direct the case to proceed in its discretion.
B. Jury selection. If the case is to a jury, the Court should randomly select a
potential jury panel in the manner set forth in the Judicial Code of the
Muscogee (Creek) Nation. The jury panel shall be seated and sworn in following
questioning by the parties and by the Court and following any removals of
prospective jurors for cause or due to peremptory challenge, pursuant to
procedures set forth in said Code.
C. Court’s explanation regarding reading of complaint. After the jury is
sworn, the Court shall request the prosecutor to read the criminal complaint
and to make his or her opening statement. Prior to reading the complaint, the
Court shall explain to the jury that the complaint is not evidence, but is being
read for the sole purpose of informing the defendant and the jury of the offense
charged against the defendant. The Court shall also inform the jury that the
statements of counsel are not evidence but are presented so that the jury will
have an opportunity to hear what counsel for each party expects the evidence to
show.
D. Reading of complaint and opening statement. The prosecutor shall then
read the complaint, state ‘‘to these charges/this charge the defendant has plead
not guilty’’ and briefly present the facts which he or she intends to prove to
show the offense. No argument of the facts or law shall be allowed.
E. Opening statement by defense. The defense may then make an opening
statement or may reserve their opening statement until the beginning of the
presentation of the defense evidence.
F. Presentation of evidence. The prosecutor shall then present his or her
evidence followed by the defendant’s presentation of his or her defense evidence. After the defendant has presented his or her evidence, the prosecutor
may present evidence in rebuttal.
G. Closing arguments. The prosecutor shall then present his or her closing
argument and, the defendant his or her closing argument. The prosecution shall
be entitled to reserve a portion of the time allocated for the prosecutor’s closing
arguments for presentation of final closing argument following closing arguments by the defense.
H. Instructions to jury or decision by court. If trial is to a jury, the Judge
should give them his or her instructions and they shall retire to decide their
verdict. If trial is to the Judge, he or she shall then make his or her decision or
announce the time at which he or she will present his or her decision. When
making his or her decision, the Judge shall make a general finding of guilt or
innocence and shall, upon request of any party, make specific findings which
may be embodied in a written decision.
[NCA 01–110, § 402, approved July 6, 2001.]

105

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Library References

Indians O608, 610, 615, 650.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–503. Judge conflict or disability
A. Disability during trial. If by reason of death, sickness or other disability,
the District Judge before whom a jury trial has commenced is unable to
proceed with the trial, any other special District Judge may, upon certifying
that he or she has familiarized himself with the record of the trial, proceed with
the trial.
B. Disability after trial. If by reason of death, sickness or other disability,
the District Judge before whom the defendant has been tried is unable to
perform the required duties of a District Judge after the verdict or finding of
guilt, any other District Judge may perform those duties unless such Judge feels
he or she cannot fairly perform those duties in which case a new trial may be
granted. A new trial shall not be granted if all that remains to be done is the
sentencing of a defendant.
[NCA 01–110, § 403, approved July 6, 2001.]
Library References
Judges O39.
Westlaw Topic No. 227.
C.J.S. Judges §§ 220, 224 to 227, 237 to 238.

§ 1–504. Evidence
The admissibility of evidence and the competence and privileges of witnesses
in criminal proceedings shall be governed by judicial procedures relating to
evidence established in Title 27 of the Code of Laws of the Nation.
[NCA 01–110, § 404, approved July 6, 2001.]
Library References
Indians O610, 612.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–505. Expert witnesses
Either party may call expert witnesses of their own selection and each bear
the cost of such.
[NCA 01–110, § 405, approved July 6, 2001.]
Library References
Indians O610.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–506. Interpreters
The Court may appoint an interpreter of its own selection and each party
may provide his or her own interpreter. An interpreter through whom testimo106

Title 14, § 1–509

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ny is received from a defendant or witness or communicated to a defendant or
other witness shall be put under oath to faithfully and accurately translate and
communicate as required by the Court. The trial Judge or Clerk may act as
interpreter only with the consent of all parties.
[NCA 01–110, § 405, approved July 6, 2001.]

§ 1–507. Motion for judgment of acquittal
A. Acquittal at close of evidence. The Court on motion from defendant or on
its own motion, shall order the entry of a judgment of acquittal of one or more
offenses charged in the complaint after the evidence of either side is closed if
the evidence is insufficient as a matter of law to sustain a conviction of such
offenses. A motion for acquittal by the defendant does not affect his or her right
to present evidence.
B. Reservation of decision on motion for acquittal. If a motion for judgment
of acquittal is made at the close of all the evidence, the Court may reserve
decision on the motion, submit the case to the jury and decide the motion any
time either before or after the jury returns its verdict or is discharged.
[NCA 01–110, § 406, approved July 6, 2001.]

§ 1–508. Instructions
At the close of evidence or at such earlier time during the trial as the Court
reasonably directs, any party may file written requests that the Court instruct
the jury on the law as set forth in the request. At the same time, copies of such
requests shall be furnished to adverse parties. The Court shall inform counsel of
its proposed action upon the requests prior to the arguments of counsel to the
jury, but the Court shall instruct the jury after the arguments are completed. No
party may assign as error any portion of the charge or omission therefrom
unless he objects thereto before the jury retires to consider its verdict, stating
distinctly the matter to which he or she objects and the grounds of the
objection. Opportunity shall be given out of the hearing and out of the presence
of the jury.
[NCA 01–110, § 407, approved July 6, 2001.]
Library References
Indians O615.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–509. Verdict
A. Return of verdict. The verdict of a jury shall be unanimous. It shall be
returned by the jury to the judge in open court. If the jury is unable to agree,
the jury may be discharged and the defendant tried again before a new jury.
B. Separate verdicts for separate defendants or charges. If there are multiple defendants or charges, the jury may at any time return its verdict as to any
defendants or charges to which it has agreed and continue to deliberate on the
others.
C. Lesser offense. If the evidence is found to support a verdict of a lesser
included offense or attempt to commit the crime charged, without having been
107

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formally charged with the lesser included offense or attempt, the defendant may
be found guilty of such charge.
D. Jury poll. Upon return of the verdict, the jury may be polled at the
request of either party. If upon the poll there is not unanimous concurrence,
the jury may be directed to retire for further deliberation or may be discharged.
[NCA 01–110, § 408, approved July 6, 2001.]
Library References
Indians O616.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

SUBCHAPTER 6.

JUDGMENT AND SENTENCE

Section
1–601. Sentence and judgment.
1–602. Presentence investigation.
1–603. Criminal executions.
1–604. Sentence.
1–605. Merger of sentence.
1–606. Victim’s restitution.
1–607. Court costs.
1–608. Reimbursement of costs of imprisonment.
1–609. Deferred judgment procedure.
1–610. Suspended sentence procedure.
1–611. Revocation of suspended sentence; acceleration of deferred sentence; hearing;
review.
1–612. Withdrawal of plea on a deferred imposition of sentence.
1–613. Entry of judgment.
1–614. Jail work release program.
1–615. New trial.
1–616. Arrest of judgment.
1–617. Correction or reduction of sentence.
1–618. Clerical mistakes.

§ 1–601. Sentence and judgment
A. 1. If a verdict of acquittal is rendered the defendant must immediately
be discharged.
2. After a plea or verdict of guilty, or after judgment against the defendant
the Court must designate a time for sentencing, which must be within a
reasonable time after the verdict or judgment is rendered. The sentence must be
entered in the minutes of the Court as soon as it is imposed.
3. If the defendant pleads guilty, or is convicted either by the Court or by a
jury, the Court must impose the sentence imposed by the jury or a sentence in
conformity with the law; or sentence the defendant to pay a fine or both.
4. The determination and imposition of sentence shall be the exclusive duty
of the Court.
B. When a person has been found guilty of a criminal offense under Title
14, Chapter 2, the Court shall sentence the defendant in accordance with the
following subsections of this section, depending upon whether the offense is
108

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denominated a misdemeanor or a felony in the provisions of the offense of
which the defendant was convicted, unless the provisions of such offense
expressly specify a different punishment:
1. Misdemeanors: fines and imprisonment. Every person who is convicted
of any criminal offense set forth in this Title 14, Chapter 2, which is denominated a misdemeanor shall be punished by a fine of not less than fifty dollars
($50.00) and not more than two thousand five hundred dollars ($2,500.00); or
by imprisonment of not less than one (1) day and not more than one (1) year;
or by both such a fine and such term of imprisonment. In addition to any
punishment provided for in this subsection A, the Court may also order
community service and/or counseling as authorized by subsections C and D of
this section.
2. Felonies: fines and imprisonment. Every Indian person who is convicted of any criminal offense set forth in this Title 14, Chapter 2, which is
denominated a felony shall be punished by a fine of not less than one thousand
dollars ($1,000.00) and not more than five thousand dollars ($5,000.00); or by
imprisonment of not less than thirty (30) days and not more than one (1) year;
or by both such a fine and such term of imprisonment. In addition to any
punishment provided for in this paragraph 2, the Court may also order
community service and/or counseling as authorized by paragraphs 3 and 4 of
this section.
3. Community service. In addition to or, at the discretion of the sentencing
Judge, in lieu of any fine or any portion thereof or any term of imprisonment or
any portion thereof which may be imposed under paragraph 1 and 2 of this
subsection, the Court may order that the convicted defendant perform community service as determined by the Court in the sound exercise of its discretion.
4. Counseling. In addition to any fines, imprisonment, community service,
restitution and/or other punishment imposed by the Court for violations of this
Title 14, Chapter 2, the Court may also order the defendant to receive counseling through Muscogee Nation Behavioral Health or any other counseling
service.
5. Multiple convictions; concurrent and consecutive sentencing. Each violation of any provision of Title 14, Chapter 2, shall be a separate offense and
shall be punishable as such. Provided, however, when a defendant has been
convicted of multiple offenses under Title 14, Chapter 2, the Judge at the time
of sentencing shall have the discretion to order that any term of imprisonment
for any offense be served concurrently with one or more other terms of
imprisonment or consecutively to one or more other terms of imprisonment.
[NCA 92–14, § 9–701, as amended by NCA 99–04, § 107, effective June 1, 1999; NCA
01–110, § 501, approved July 6, 2001; NCA 07–179, § 5, eff. July 10, 2007.]
Historical and Statutory Notes
Derivation:
NCA 82–30, §§ 123, 135.

Cross References
Property subject to forfeiture, see Title 22, § 2–102.

109

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Library References

Indians O616, 619, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–602. Presentence investigation
A. Requirement. No defendant who has plead guilty or nolo contendere to a
crime or has been convicted of a crime which may result in commitment for
three (3) months or more in jail shall be sentenced or otherwise disposed of
before a written report of investigation by a probation officer is presented to
and considered by the Court, unless the Court deems such report unnecessary.
The Court may, in its discretion, order a presentence investigation for a
defendant sentenced to a lesser period than three (3) months in jail.
B. Content of investigation. Whenever a investigation is required, the probation officer shall promptly inquire into the characteristics, circumstances,
needs and potentialities of the defendant; his criminal record and social history;
and circumstance of the offense; the time the defendant has been in detention
and the harm to the victim, his immediate family, and the community. All local
and state mental and correctional institutions, courts, and police agencies shall
furnish the probation officers on request the defendant’s criminal record and
other relevant information. The investigation shall include a physical and
mental examination of the defendant when it is desirable in the opinion of the
court. The presentence investigation shall be filed in the case file and shall
constitute a public record.
[NCA 01–110, § 502, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 131.

Library References
Indians O621.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–603. Criminal executions
A. When a judgment for confinement is entered, a certified copy thereof
must be delivered to the Chief of the Lighthorse Administration which shall be
sufficient warrant for its execution.
B. If judgment is rendered imposing a fine or requirement for the performance of a service only, and the defendant is not detained for any legal cause, he
or she must be discharged as soon as judgment is rendered.
C. A judgment that the defendant pay a fine may also direct that defendant
be sentenced to incarceration or community service until the fine is paid, in the
proportion of one (1) day labor at the current minimum wage for every one
dollar ($1.00) of the fine.
[NCA 01–110, § 503, approved July 6, 2001.]

110

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JUDGMENT AND SENTENCE
Historical and Statutory Notes
Derivation:
NCA 82–30, §§ 126, 134.

Library References
Indians O619, 623, 624, 627.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–604. Sentence
A. The Court shall make brief statement of the basic reasons for the
sentence the court imposes. If the sentence is a commitment, the District Court
Clerk shall forward a copy to the jail where the defendant is or will be
incarcerated.
B.

The sentence may:

1.

Release the defendant on probation;

2. Defer the imposition of sentence for a period not to exceed twelve (12)
months;
3. Suspend the execution of the sentence up to the maximum sentence
allowed for a particular offense. However, if any restrictions or conditions are
violated, any elapsed time shall not be a credit against the sentence, unless the
Court shall otherwise order;
4.

Impose a fine as provided by law for the offense;

5.

Commit the defendant to a jail; or

6. Impose any combination of the above, and the Court may also impose
any restrictions or conditions on the above, sentence which it deems necessary.
C. The District Court Judge may upon proper application by the Attorney
General, revoke any suspended sentence or accelerate any deferred sentence
prior to its expiration.
D. Prior to the revocation or the acceleration of an order suspending or
deferring the imposition of sentence, the defendant shall be given a hearing.
[NCA 01–110, § 504, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, §§ 132, 134.

Cross References
Domestic or family violence, sentence, see Title 6, § 3–3011 et seq.

Library References
Indians O620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–605. Merger of sentence
Unless the Judge otherwise orders:
111

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A. When a person serving a term of commitment imposed by a Court in the
Tribe is committed for another offense, the shorter term or consecutively
shorter remaining term shall be added in the other term; and
B. When a person under suspended or on probation or parole for an offense
committed against the Tribe is sentenced for another offense, the period still to
be served on suspended sentence, probation or parole shall be added in any
new sentence of commitment or probation.
[NCA 82–30, § 136, approved Sept. 13, 1982.]
Library References
Indians O620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–606. Victim’s restitution
In addition to any fines, terms of imprisonment, community service and/or
other punishment imposed by the Court for violations of Title 14, Chapter 2, the
Court may also order that the defendant pay monetary restitution to any
persons who were victims of offenses committed by the convicted defendant.
Such restitution shall be determined by the Court in the use of its sound
discretion after a hearing, conducted prior to sentencing, at which the victims
may present evidence of loss, damage or expense. Any restitution ordered shall
be in an amount sufficient to compensate the victim for the theft, damage or
other loss of the victim’s property or the cost of medical or other professional
services incurred by the victim or victims as a consequence of the convicted
defendant’s criminal actions. All victims’ restitution monies shall be paid to
the Court Clerk, who shall then pay the same over to the victim or victims in
accordance with the Court’s orders. Any award of restitution under this
section shall constitute compensation to the victim for the actual damages,
losses or other costs suffered or incurred by said victim as a direct result of the
defendant’s criminal acts, as opposed to a penalty or fine imposed upon the
defendant as punishment for committing the crime.
[NCA 92–14, § 9–702, as amended by NCA 99–04, § 107, effective June 1, 1999.]
Library References
Indians O626.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–607. Court costs
In addition to any punishment imposed under subsection B of Title 14,
§ 1–601 or any restitution or costs awarded under Title 14, § 1–606 or Title 14,
§ 1–608, the Court in its discretion may order the defendant to pay Court costs
in the amount of sixty dollars ($60.00) for each offense of which the defendant
was convicted. The Court may also charge a service of process fee of thirty
dollars ($30.00) as reimbursement to the Lighthorse Police for every warrant
served.
[NCA 92–14, § 9–703, as amended by NCA 99–04, § 107, effective June 1, 1999.]

112

JUDGMENT AND SENTENCE

Title 14, § 1–609

Library References
Indians O662.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–608. Reimbursement of costs of imprisonment
A. In addition to any fine ordered under subsection B of Title 14, § 1–601
and/or restitution ordered under Title 14, § 1–606, the Court in its discretion
may order any person convicted of a crime and sentenced to a term of
imprisonment pursuant to the provisions of this chapter to reimburse the
Lighthorse Police pursuant to the provisions of this chapter to reimburse the
Lighthorse for food and maintenance for each day of imprisonment of said
convicted person. The costs assessed to the defendant may not exceed the
actual costs paid by the Nation for the costs billed for imprisonment of the
defendant. All funds paid pursuant to this section shall be paid to the Court
Clerk, who shall in turn reimburse the Lighthorse Police. Any award in this
section shall constitute reimbursement to the Lighthorse Police Department for
the actual costs incurred by the Lighthorse Police for imprisonment of the
defendant, as opposed to a penalty or fine imposed upon the defendant as
punishment for committing the crime.
B. All incarceration costs, including medical expenses associated with incarceration, shall be assessed in the prisoner’s District Court case. All incarceration costs that are collected by the District Court Clerk, shall be considered
program income payable to the Lighthorse Police. The Lighthorse Police shall
include in their budget all revenues attributable to incarceration costs.
[NCA 92–14, § 9–704, as amended by NCA 99–04, § 107, effective June 1, 1999; NCA
01–39, § 6, as amended by NCA 02–152, § 2, approved Oct. 30, 2002; NCA 07–179, § 6,
eff. July 10, 2007.]

§ 1–609. Deferred judgment procedure
A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, the
Court may, prior to and without entering a judgment of guilt and with the
consent of the defendant, defer the finding of guilt and place the defendant on
probation under the supervision of the Court of the Muscogee (Creek) Nation
upon the conditions of probation prescribed by the Court in the exercise of its
sound discretion. As part of the terms of probation, the Court may also
consider ordering the defendant to pay a sum of money into the court fund not
to exceed the amount of any fine authorized by this title for the crime charged,
to pay restitution, perform community service and/or attend counseling.
B. The period of probation under this procedure shall not exceed nine (9)
months for any single offense. Where multiple offenses are charged and the
judgment on one or more of said offenses is deferred, the Judge at the time of
sentencing shall have the discretion to order the probationary period for each
offense to be served concurrently with one or more other terms of probation or
consecutively to one or more other terms of probation. Upon completion of all
periods of probation the defendant shall be discharged by the Court without an
entry of judgment of guilt, and the verdict or plea of guilty or plea of nolo
113

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contendere shall be expunged by the Court Clerk from the record and said
charge shall be dismissed with prejudice to any further action.
C. Upon proof of any violation of the conditions of probation at a hearing
conducted in accordance with Title 14, § 1–611, the Court may enter a
judgment of guilt and proceed as provided in said section. The deferred
judgment procedure described in this section shall only be available to defendants not having been previously convicted of a crime denominated a felony
under the laws of the Muscogee (Creek) Nation or under the laws of the United
States of America or any state thereof.
[NCA 92–14, § 9–705, as amended by NCA 99–04, § 107, effective June 1, 1999.]
Library References
Indians O625.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–610. Suspended sentence procedure
A. Upon a verdict or plea of guilty or plea of nolo contendere and a
judgment of guilt the Court may suspend in whole or in part the imposition of
any term or terms of imprisonment and place the defendant on probation under
the supervision of the Court of the Muscogee (Creek) Nation upon the conditions of probation prescribed by the Court in the exercise of its sound discretion.
B. Upon proof of any violation of the conditions of probation at a hearing
conducted in accordance with Title 14, § 1–611, the Court shall revoke the
suspended sentence. The Court in its discretion may then order that the
defendant serve the full sentence or that he serve a portion of said sentence
with the remainder to be suspended, subject to the terms and conditions of
probation.
[NCA 92–14, § 9–706, as amended by NCA 99–04, § 107, effective June 1, 1999.]

§ 1–611. Revocation of suspended sentence; acceleration of deferred sentence; hearing; review
A. Any sentence the imposition of which has been suspended or deferred by
the Court may be revoked or accelerated for any one of the following reasons:
1. The defendant has at any time during the period of his probation
committed any act or engaged in any conduct in violation of any of the express
terms and conditions of the defendant’s probation as set forth in the judgment
and sentence or the Court’s order deferring judgment and sentence; or
2. The defendant has at any time during the period of his probation failed to
do or perform any act or service, including without limitation the payment of
any fine or restitution, required to be done or performed under the express
terms and conditions of the defendant’s probation as set forth in the judgment
and sentence or the Court’s order deferring judgment and sentence; or
3. The defendant has at any time during the period of his probation
committed any act or engaged in any conduct in violation of any of the
114

JUDGMENT AND SENTENCE

Title 14, § 1–612

provisions of this chapter or in violation of any other Tribal, state or federal
criminal law.
B. Proceedings to revoke any suspended sentence or accelerate any deferred
sentence shall be initiated by the Attorney General by way of written application requesting same, which application shall be filed in the case wherein the
sentence was ordered prior to the expiration of the suspended or deferred
sentence. The application shall state the reasons why the suspended sentence
should be revoked or why the deferred sentence should be accelerated and shall
request that a warrant issue for the arrest of the defendant. Upon being
brought before the Court on such warrant, the defendant shall either admit or
deny the allegations in the Attorney General’s application or he may stand
silent, in which case the allegations shall be deemed denied. If the defendant
denies or is deemed to have denied the allegations of the Attorney General’s
application to revoke or accelerate, the Court shall order that the application be
set for hearing within twenty (20) days. The Attorney General and the defendant shall have the right to present evidence and testimony at the hearing but
the burden of proof shall be on the Attorney General to prove the allegations
justifying the revocation or acceleration of the sentence by a preponderance of
the evidence. If the defendant admits to the allegations of the application or if,
after the hearing on the application, it appears to the satisfaction of the Court
that grounds for a revocation or acceleration exist, the Court shall revoke the
suspended sentence or accelerate the deferred sentence.
C. Where one of the grounds for the application to revoke the suspended
sentence or to accelerate the deferred sentence is the defendant’s failure to
make timely payment of fines and costs as ordered by the Court, or if at any
time during the defendant’s period of probation the defendant petitions the
Court for a modification of the time for payment of fines or costs, the Court
may hear evidence on the cause of such failure to make timely payment, and if
it appears to the satisfaction of the Court from such evidence that the terms of
the order for payment of fines and costs create a manifest hardship on the
defendant or his or her immediate family, the Court may modify the terms or
method of payment of same. The burden of proving a change of condition
justifying a modification in terms or method of payment shall be on the
defendant and the standard shall be by clear and convincing evidence.
D. The defendant whose suspended or deferred sentence is being considered
for revocation or acceleration at said hearing shall have the right to be
represented by counsel, to present evidence in his own behalf and to be
confronted by the witnesses against him. Any order of the Court revoking such
suspended sentence, in whole or in part, or accelerating a deferred sentence in
whole or part, shall be subject to review on appeal, as in other appeals of
criminal cases.
[NCA 92–14, § 9–707, as amended by NCA 99–04, § 107, effective June 1, 1999.]

§ 1–612. Withdrawal of plea on a deferred imposition of sentence
Whenever the Court has deferred the imposition of sentence, and after
expiration of the time period during which imposition of sentence has been
deferred, the defendant may file a motion for the Court to allow the defendant
115

Title 14, § 1–612

CRIMES & PUNISHMENTS

to withdraw his or her plea of guilty and order that the charge or charges
against him be dismissed and the record expunged.
[NCA 01–110, § 505, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 133.

Library References
Indians O605, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–613. Entry of judgment
When a judgment upon a conviction is rendered the Clerk must enter the
same in the minutes, stating briefly the offense for which the conviction was
had, and the fact of prior convictions (if any) and must, within five (5) days,
annex together and file the following papers:
1. The complaint or information and a copy of the minutes of the arraignment, pleas and motions.
2.

A copy of the minutes of the trial.

3.

The instructions given or refused and the endorsements thereon.

4.

A copy of the judgment.

[NCA 01–110, § 506, approved July 6, 2001.]
Library References
Indians O619.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–614. Jail work release program
A. A Court, after having sentenced a person to confinement in a jail may, in
its discretion, upon the request of the Attorney General or Chief of Lighthorse
Police and with the consent of the convicted person, order that any part of the
imprisonment so imposed be served in confinement, with parole during the
hours or periods the convicted person is actually employed.
B. Upon the issuance of such an order under this act, the Attorney General
or Chief of Lighthorse Police shall arrange for the convicted person to continue
his or her regular employment without interruption insofar as is reasonably
possible: However, that said prisoner shall be confined in the jail during the
hours when he or she is not employed and, to the extent directed by the Court
pay the support of his or her dependents, if any, and balance shall be retained
until his or her discharge.
C. The Court may, in its discretion, upon request, reduce the sentence of the
prisoner up to one-fourth (1/4) of the full term, if in the opinion of the Court,
the prisoner’s conduct, diligence and general attitude merit such diminution.
D. In cases where the convicted person violates the conditions of said
sentence, he or she shall be returned to Court; the Court may then require that
116

Title 14, § 1–617

JUDGMENT AND SENTENCE

the balance of his or her sentence be spent in full confinement and further; the
Court may cancel any diminution of sentence granted under this act.
[NCA 01–110, § 507, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 138.

Library References
Indians O624, 627.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–615. New trial
The Court, on motion of a defendant, may grant a new trial to him if required
in the interest of justice. If trial was by the Court without a jury, the Court, on
motion of a defendant for a new trial, may vacate the judgment, if entered, take
additional testimony, and direct the entry of a new judgment. A motion for a
new trial based on the ground of newly discovered evidence may be made only
within one (1) month after final judgment, but if an appeal is pending the Court
may grant the motion only on remand of the case. A motion for a new trial
based on any other grounds shall be made within ten (10) days after verdict or
finding of guilty or within such further time as the Court may fix during the
seven-day period.
[NCA 01–110, § 508, approved July 6, 2001.]
Library References
Indians O618.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–616. Arrest of judgment
The Court, on motion of a defendant, shall dismiss the action if the complaint
does not charge an offense or if the Court was without jurisdiction of the
offense charged. The motion in arrest of judgment shall be made within ten (10)
days after verdict or finding of guilty or plea of guilty, or within such further
time as the Court may fix during the seven-day period.
[NCA 01–110, § 509, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 129.

§ 1–617. Correction or reduction of sentence
The Court may correct an illegal sentence at any time and may correct a
sentence imposed in an illegal manner within thirty (30) days after the sentence
is imposed, or within thirty (30) days after receipt by the Court of a mandate
issued upon affirmance of the judgment or dismissal of the appeal. The Court
may also reduce a sentence upon revocation of probation.
[NCA 01–110, § 510, approved July 6, 2001.]

117

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Library References

Indians O620, 637.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–618. Clerical mistakes
Clerical mistakes in judgments, orders, or other parts of the record and
errors in the record arising from oversight or omission may be corrected by the
Court at any time and after such notice, if any, as the Court orders.
[NCA 01–110, § 511, approved July 6, 2001.]

SUBCHAPTER 7.

APPEAL

Section
1–701. Right of appeal; how taken.
1–702. Stay of judgment; relief pending review.
1–703. Executive order for relief from judgment.
Cross References
Appellate procedure, see Title 27, § 3–101 et seq.
Tribal Court proceedings, appeal, see Title 27, § 2–120.

§ 1–701. Right of appeal; how taken
A. Defendant’s right to appeal. The defendant has the right to appeal from
the following:
1.

A final judgment of conviction; and the sentence imposed thereon.

2. From an order made, after judgment and sentences, affecting his or her
substantial rights.
B. Nation’s right to appeal. The Nation has the right to appeal from the
following:
1. A judgment of dismissal, upon a motion to dismiss based on any procedural irregularity occurring before trial, or an order excluding evidence in
favor of the defendant prior to trial;
2. An order arresting judgment or acquitting the defendant contrary to the
verdict of the jury or before such verdict can be rendered;
3.

An order of the Court directing the jury to find for the defendant;

4. An order made after judgment and sentence affecting the substantial
rights of the Nation.
C. Notice of appeal. A notice of intent to appeal must be filed within ten (10)
days of the entry of the final judgment and sentence or other appealable order
and such notice must be served on all parties except the party filing the appeal.
D. Appellate Procedure Code. Such appeals shall be had in accordance with
the Muscogee (Creek) Nation Supreme Court Appellate Procedure Rules.1
[NCA 01–110, § 601, approved July 6, 2001.]
1 Title 27, Appendix 2, of the Muscogee (Creek) Nation Code.

118

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Library References
Indians O630.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–702. Stay of judgment; relief pending review
A. Stay of sentence of imprisonment. A sentence of imprisonment may be
stayed if an appeal is taken and the defendant may be given the opportunity to
make bail. Any defendant not making bail or otherwise obtaining release
pending appeal shall have all time spent in incarceration counted towards his
or her sentence in the matter under appeal.
B. Stay of sentence to pay fine. A sentence to pay a fine or a fine and costs,
may be stayed pending appeal upon motion of the defendant, but the Court may
require the defendant to pay such money subject to return if the appeal should
favor the defendant and negate the requirement for paying such.
C. Stay of probation order. An order placing the defendant on probation
may be stayed on motion of the defendant if an appeal is taken.
[NCA 01–110, § 602, approved July 6, 2001.]
Library References
Indians O628.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–703. Executive order for relief from judgment
A. Authority to pardon. The Principal Chief of the Nation shall recommend
to the National Council to pardon, or commute any judgment and sentence
imposed for any criminal offense upon a determination that a pardon or
commutation of sentence promotes the ends of justice.
B. Approval of pardon. Such pardon or commutation will be entered by
filing a copy of the proposed action with the Court Clerk for a period of sixty
(60) days after a copy of the proposed executive action has been submitted for
approval to each Justice of the Supreme Court and to each member of the
National Council. If, within sixty (60) days after the filing thereof, with proof of
service, any such Justice or a majority of the National Council voting at a
National Council meeting shall disapprove the proposed pardon or commutation with written reasons, in a writing delivered to the Principal Chief and filed
with the Court Clerk, such proposed pardon or commutation shall not be
approved. Otherwise, upon expiration of the sixty (60) day period, the pardon
or commutation may be issued by the Principal Chief of the Nation.
[NCA 01–110, § 603, approved July 6, 2001.]
Library References
Indians O637.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

119

Title 14, § 1–801

CRIMES & PUNISHMENTS

SUBCHAPTER 8.

BAIL AND BONDS

Section
1–801. Release prior to arraignment.
1–802. Release prior to trial.
1–803. Appeal from conditions of release.
1–804. Release of flight risk or person who is danger to others.
1–805. Penalties for failure to appear.
1–806. Authority to act as bail bondsman.
1–807. Persons or classes prohibited as bondsmen.

§ 1–801. Release prior to arraignment
A. Posting of jail bond with police. Defendants may be released following
arrest after posting jail bond with the police. The purpose of the bond is to
guarantee the appearance of any person accused of public offense at his or her
hearing and trial with a minimum of inconvenience to him, but with maximum
assurance thereof to the public. The bond shall include notice to the defendant
that he or she must appear for arraignment on the next Court day, and no other
notice of the Court date shall be given to the defendant or bondsmen. The
privilege of making bond prior to formal charging and arraignment incorporates the duty to voluntarily and promptly appear for arraignment, where any
substitution offered by a bondsman for the ‘‘prior approved’’ jail bond form
may be considered by the Judge. The jail bond shall not be used to frustrate the
orderly disposition of the case.
B. Schedule. A schedule of appropriate appearance bond shall be provided
by the District Court on a jail bond schedule, under which the police are
authorized to receive non-cash bonds and release the accused. Licensed bondsmen can post surety bonds with the Lighthorse or Court. Friends or family
members may post cash bound with the Court, however, only money orders or
cashiers checks, endorsed to the Muscogee (Creek) Nation District Court Clerk,
may be posted, with the Lighthorse Police.
[NCA 01–110, § 701, approved July 6, 2001.]
Library References
Indians O604.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 1–802. Release prior to trial
A. General recognizance or appearance bond. Any person charged with an
offense shall, at his or her appearance before a Judge, be ordered released
pending trial on his or her personal recognizance or upon execution of an
unsecured appearance bond in an amount specified by the Judge, subject to the
condition that such person shall not attempt to influence, injure, tamper with
or retaliate against an officer, juror, witness, informant, or victim or violate any
other law, unless the judicial officer determines in the exercise of his or her
discretion, that such a release will not reasonably assure the appearance of the
person as required.
B. Conditions. When such determination is made, the Judge shall, either in
lieu of or in addition to release on personal recognizance or execution of an
120

JUDGMENT AND SENTENCE

Title 14, § 1–802

unsecured appearance bond, impose one or any combination of the following
conditions of release which will reasonably assure the appearance of the person
for trial:
1. Place the person in the custody of a designated person or organization
agreeing to supervise him;
2. Place restrictions on the travel, association, or place of abode of the
person during the period of release;
3. Require the execution of an appearance bond in an amount up to five
thousand dollars ($5,000) for each count, and the deposit in the registry of the
Court, in cash or other security as directed, of a sum not to exceed ten percent
(10%) of the amount of the bond, such deposit to be returned upon the
performance of the conditions of release;
4. Require the execution of a bail bond with sufficient solvent sureties, or
the deposit of cash in lieu thereof; or
5. Impose any other condition deemed reasonably necessary to assure
appearance as required, including a condition requiring that the person return
to custody at a specified hour.
C. Considerations. In determining which conditions of release will reasonably assure appearance, the judicial officer shall, on the basis of available
information, take into account the nature and circumstances of the offense
charged, the weight of the evidence against the accused, the accused’s family
ties, employment, financial resources, character and mental condition, the
length of his or her residence in the community, his or her record of convictions, and his or her record of appearance at Court proceedings or of flight to
avoid prosecution or failure to appear at Court proceedings.
D. Order of release. A Judge authorizing the release of a person under this
section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such person of the penalties applicable to
violations of the conditions of his or her release and shall advise him that a
warrant for his or her arrest will be issued immediately upon any such
violation.
E. Review of conditions of release. A person for whom conditions of release
are imposed and who after seventy-two (72) hours from the time of the release
hearing continues to be detained as a result of his or her inability to meet the
conditions of release, shall, upon application, be entitled to have the conditions
reviewed by the judicial officer who imposed them. Unless the conditions of
release are amended and the person is thereupon released, the judicial officer
shall set forth in writing the reasons for requiring the conditions imposed. A
person who is ordered released on a condition which requires that he or she
return to custody after specified hours shall, upon application, be entitled to a
review by the judicial officer who imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition,
the judicial officer shall set forth in writing the reasons for continuing the
requirement. In the event that the judicial officer who imposed conditions of
release is not available, any other judicial officer of the Court may review such
conditions.
121

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CRIMES & PUNISHMENTS

F. Amendment of release order. A judicial officer ordering the release of a
person on any condition specified in this section may at any time amend his or
her order to impose additional or different conditions of release; provided that,
if the imposition of such additional or different conditions results in the
detention of the person as a result of his or her inability to meet such conditions
or in the release of the person on a condition requiring him to return to custody
after specified hours, the provisions of subsection E shall apply.
G. Information in release order. Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the
rules pertaining to the admissibility of evidence in a court of law.
H. Security. Nothing contained in this section shall be construed to prevent
the disposition of any case or class of cases by forfeiture of collateral security
where such disposition is authorized by the Court, nor to prevent the Court by
rule from authorizing and establishing a policeman’s bail schedule for certain
offenses or classes of offenses through which a person arrested may post bail
with the police for transmittal to the Court Clerk and obtain his or her release
prior to his or her appearance before a judicial officer.
[NCA 01–110, § 702, approved July 6, 2001.]
Historical and Statutory Notes
Derivation:
NCA 82–30, § 512.

Cross References
Domestic or family violence, conditions for pretrial release, see Title 6, § 3–308.

Library References
Bail O41.
Indians O604.
Westlaw Topic Nos. 49, 209.

C.J.S. Bail; Release and Detention Pending
§§ 7 to 8, 11 to 60.
C.J.S. Indians §§ 151 to 179.

§ 1–803. Appeal from conditions of release
A. Motion to amend release order. A person who is detained, or whose
release on a condition requiring him to return to custody after specified hours
is continued, after review of his or her application pursuant to subsection E or
F of Title 14, § 1–802 by a District Judge, may move the Court to amend the
order and have such motion determined by a Judge of the Court. Said motion
will be determined promptly.
B. Appeal. In any case in which a person is detained after (1) a District
Judge denies a motion, under subsection A above, to amend an order imposing
conditions of release, or (2) conditions of release have been imposed or
amended by a District Judge, an appeal may be taken to the Supreme Court.
Any order so appealed shall be affirmed if it is supported by the proceedings
below. If an order is not so supported, the Supreme Court may remand the case
for further hearing, or may, with or without additional evidence, order the
person released pursuant to Title 14, § 1–802 upon such conditions as the
Supreme Court determines to be proper. This appeal shall be determined
promptly.
[NCA 01–110, § 703, approved July 6, 2001.]

122

Title 14, § 1–806

JUDGMENT AND SENTENCE

§ 1–804. Release of flight risk or person who is danger to others
A person who has been convicted of an offense and is either awaiting
sentence or has filed an appeal, shall be treated in accordance with Title 14,
§ 1–802 unless the Court has reason to believe that no one or more conditions
of release will reasonably assure that the person will not flee or pose a danger
to any other person or to the community. If such a risk of flight or danger is
believed to exist, or if it appears that an appeal is frivolous or taken for delay,
the person may be ordered detained. The provisions of Title 14, § 1–803 shall
not apply to persons described in this section.
[NCA 01–110, § 704, approved July 6, 2001.]
Library References
Bail O44.
Indians O604.
Westlaw Topic Nos. 49, 209.

C.J.S. Bail; Release and Detention Pending
§§ 7 to 8, 39 to 45, 47 to 54, 56 to 60.
C.J.S. Indians §§ 151 to 179.

§ 1–805. Penalties for failure to appear
Whoever, having been released pursuant to this subchapter willfully fails to
appear before the Court as required, shall incur a forfeiture of any security
which was given or pledged for his or her release, and in addition, shall be
subject to the following penalties:
A. Failure to appear after release following conviction. If the defendant fails
to appear after release following conviction of an offense, he or she shall be
fined not more than the maximum provided for the offense charged or imprisoned for not more than six (6) months or both; or
B. Failure of material witness to appear after release. If the defendant fails
to appear after he or she was released for appearance as a material witness, he
or she shall be fined not more than two hundred fifty dollars ($250.00) or
imprisoned for not more than three (3) months or both.
[NCA 01–110, § 704–A, approved July 6, 2001.]
Library References
Bail O75.3.
Indians O604.
Westlaw Topic Nos. 49, 209.

C.J.S. Bail; Release and Detention Pending
§§ 253 to 257.
C.J.S. Indians §§ 151 to 179.

§ 1–806. Authority to act as bail bondsman
Any person authorized to act as bail bondsmen or runners in the federal or
state courts shall be qualified to act as bondsmen and runners in the District
Court, and shall be liable to the same obligations as in their licensing jurisdiction and comply with all orders of the Supreme Court and District Court.
Bondsmen are on constructive notice of all hearings or trial settings. Those in
the bonding business are expected to give their clients the kind of service their
fee justifies. Bondsmen shall be mailed a copy of all trial dockets, as are
advocates, and are expected to have their clients present for hearing as
scheduled. If a defendant proves uncooperative, bondsmen are encouraged to
advise his or her attorney or advocate, and the prosecutor, and to use all lawful
123

Title 14, § 1–806

CRIMES & PUNISHMENTS

procedures to surrender him and terminate further responsibility on his or her
bail.
[NCA 01–110, § 705, approved July 6, 2001.]
Library References
Bail O60.
Westlaw Topic No. 49.

C.J.S. Bail; Release and Detention Pending
§§ 2 to 5, 160.

§ 1–807. Persons or classes prohibited as bondsmen
The following persons or classes shall not be bail bondsmen and shall not
directly or indirectly receive any benefits from the execution of any bail bond:
jailers, police officers, District Judges, Special Judges, Court Clerks and any
person having the power to arrest or having anything to do with the control of
Tribal prisoners.
[NCA 01–110, § 706, approved July 6, 2001.]
Library References
Bail O60.
Westlaw Topic No. 49.

SUBCHAPTER 9.

C.J.S. Bail; Release and Detention Pending
§§ 2 to 5, 160.

MISCELLANEOUS

Section
1–901. Procedures for unclaimed property in possession of Lighthouse Police.

§ 1–901. Procedures for unclaimed property in possession of Lighthouse
Police
A. Disposition. The Lighthorse Police is authorized to dispose of by public
sale, destruction, donation, or retain for departmental use, personal property
which has come into its possession, or deposit in a special fund, as hereafter
provided, all money or legal tender of the United States which has come into its
possession, whether said property or money be stolen, embezzled, lost, abandoned or the owner of said property or money otherwise being unknown or not
having claimed the same, and which the Lighthorse Police has held for at least
six (6) months, and such property or money, or any part thereof, being no
longer needed to be held as evidence or otherwise used in connection with any
litigation.
B. Destruction of property. Where personal property held under the circumstances provided in subsection A of this section is determined by Lighthorse Police to be unsuitable for disposition by public sale due to its condition
or assessed as having limited or no resale value, it may be destroyed or
discarded. Where disposition by destruction, is made of personal property, a
report describing the property by category and quantity, and indicating what
disposition was made for each item or lot, shall be submitted to the District
Court within ten (10) days following the disposition.
C. Application for public sale. Where disposition by public sale is appropriate, the Lighthorse Police shall file an application in the Muscogee (Creek)
Nation District Court requesting the authority of said Court to dispose of such
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JUDGMENT AND SENTENCE

Title 14, § 1–901

personal property, and shall attach to the application a list describing such
property, including all identifying numbers and marks, if any, the date said
property came into its possession and the name and address of the owner, if
known. The Court shall set said application for hearing not less than ten (10)
days nor more than twenty (20) days after filing.
D. Notice. Notice shall be given by the Lighthorse Police of said hearing to
each and every owner known and as set forth in said application by certified
mail directed to their last-known address at least ten (10) days prior to the date
of said hearing. Said notice shall contain a brief description of the property of
said owner and the place and date of the hearing. In addition notice of said
hearing shall be posted in three public places in the Muscogee (Creek) Nation
territorial jurisdiction, one being the courthouse.
E. Authorization for disposing of property. At the hearing, if no owner
appears and establishes ownership to said property, the Court shall enter an
order authorizing the Lighthorse Police to dispose of the property pursuant to
Title 32, § 3–101 et seq.
F. Disposition of money. When the Lighthorse Police has in its possession
money or legal tender under the circumstances provided in subsection A of this
section, prior to appropriating the same for deposit into a special fund, it shall
file an application in the District Court requesting the Court to enter an order
authorizing it to so appropriate said money for deposit in said special fund.
Said application shall describe the money or legal tender, together with serial
numbers, if any, the date the same came into possession of the Lighthorse
Police, and the name and address of the owner, if known. Upon filing, said
application, which may be joined with an application as described in subsection
C of this section, shall be set for hearing not less than ten (10) days nor more
than twenty (20) days from the filing thereof, and notice of said hearing shall be
given as provided in subsection D of this section. Such notice shall state that,
upon no one appearing to prove ownership to said money or legal tender, the
same will be ordered by the Court to be deposited in the special fund by the
Lighthorse Police. Said notice may be combined with a notice to sell personal
property as set forth in subsection D of this section. At the hearing, if no one
appears to claim and prove ownership to said money or legal tender, the Court
shall order the same to be deposited by the Lighthorse Police Agency in the
special fund, as provided in subsection H of this section.
G. Retention of property. Where the Lighthorse Police has in its possession
under the circumstances provided in subsection A of this section, personal
property deemed to have potential utility to the Lighthorse Police or another
Muscogee (Creek) Nation department, prior to appropriating the personal
property for use, the Lighthorse Police shall file an application in the District
Court requesting the Court to enter an order authorizing it to so appropriate or
transfer the property for use. The application shall describe the property,
together with serial numbers, if any, the date the property came into the
possession of the Lighthorse Police and the name and address of the owner, if
known. Upon filing, the application, which may be joined with an application
as described in subsection C of this section, shall be set for hearing not less
than ten (10) days nor more than twenty (20) days from the filing thereof.
Notice of the hearing shall be given as provided in subsection D of this section.
125

Title 14, § 1–901

CRIMES & PUNISHMENTS

The notice shall state that, upon no one appearing to prove ownership to the
personal property, the property will be ordered by the Court to be delivered for
use by the Lighthorse Police or transferred to another Muscogee (Creek) Nation
department for its use. The notice may be combined with a notice to sell
personal property as set forth in subsection D of this section. At the hearing, if
no one appears to claim and prove ownership to the personal property, the
Court shall order the property to be available for use by the Lighthorse Police
agency or delivered to another Muscogee (Creek) Nation department.
H. Special fund; use for certain authorized purpose. The money received
from the sale of personal property as above provided, after payment of the
Court costs and other expenses, if any, together with all money in possession of
the Lighthorse Police, which has been ordered by the Court to be deposited in
the special fund, shall be deposited in such fund to be expended upon the
approval of the Lighthorse Commission for the purchase of equipment, materials or supplies that may be used in crime prevention, education, training or
programming. Said fund or any portion of it may be expended in paying the
expenses of Lighthorse Police Officers to attend law enforcement or public
safety training courses.
I. Firearms. All firearms shall either be appropriated for use by the Lighthorse Police in accordance with subsection G of this section or shall be
destroyed. Prior to destruction of firearms the Lighthorse Police shall file an
application in the District Court requesting the Court to enter an order
authorizing it to destroy the firearms. The application shall describe the
property, together with serial numbers, if any, the date the property came into
the possession of the Lighthorse Police and the name and address of the owner,
if known. Upon filing, the application, which may be joined with an application
as described in subsection C of this section, shall be set for hearing not less
than ten (10) days nor more than twenty (20) days from the filing thereof.
Notice of the hearing shall be given as provided in subsection D of this section.
The notice shall state that, upon no one appearing to prove ownership to the
personal property, the property will be ordered by the Court to be destroyed.
The notice may be combined with a notice to sell personal property as set forth
in subsection D of this section. At the hearing, if no one appears to claim and
prove ownership to the personal property, the Court shall order the property
destroyed. No firearm shall be returned to an owner who is a convicted felon,
who is mentally ill or who is subject to a protective order prohibiting possession of a firearm. Provided, that Lighthorse Police may subsequently release the
firearm to another individual with proof of assignment or sale of the firearm by
the original owner, so long as that individual is not a convicted felon, mentally
ill or subject to a protective order prohibiting possession of a firearm.
[NCA 02–135, § 2, approved Aug. 28, 2002.]
Library References
Searches and Seizures O84.
Westlaw Topic No. 349.
C.J.S. Searches and Seizures §§ 276 to 289.

126

CHAPTER 2.

CRIMINAL OFFENSES

Subchapter
1. General; Purpose; Punishments
2. Crimes Arising From Other Crimes or Potential Crimes
3. Crimes Against Person
4. Arson, Burglary and Related Crimes
5. Controlled Dangerous Substances
6. Crimes Against Public Safety
7. Reserved
8. Crimes Related to Licensing, Tribal Officers and Public Records
9. Crimes Involving Family and Children
10. Defenses

SUBCHAPTER 1.

GENERAL; PURPOSE; PUNISHMENTS

Section
2–101. Title
2–102. Purpose.
2–103. Definition of crime.
2–104. Crimes; punishment.
2–105. Contempt, direct and indirect; definition.
2–106. Forfeiture of property.
2–107. Forfeiture of public office.
2–108. Criminal charges controlling.
2–109. Conduct constituting more than one crime.
2–110. Burden of proof.
2–111. Capacity to commit crime.
2–112. Civil actions.
2–113. Definitions; general.

§ 2–101. Title
This act shall be known and may be cited as the ‘‘Criminal Offenses Code of
the Muscogee (Creek) Nation’’.
[NCA 10–053, approved May 27, 2010.]

§ 2–102. Purpose
The purpose of this Code is to define the conduct constituting crimes and
prescribe the punishment for each. The manner of prosecuting and convicting
persons accused of crime is prescribed in the Code of Criminal Procedure,
MCNCA Title 14.
[NCA 10–053, approved May 27, 2010.]

§ 2–103. Definition of crime
A crime is a social harm which is defined and made punishable by legislative
enactment and codified in this Code. This Code does not affect any power
conferred by the Nation upon the Courts to find a person liable for contempt or
to employ and sanction authorized by the law for the enforcement of an order
of a civil judgment or decree.
[NCA 10–053, approved May 27, 2010.]

127

Title 14, § 2–104

CRIMES & PUNISHMENT

§ 2–104. Crimes; punishment
A. The sentencing policy of the Court in criminal cases is to strive toward
restitution and reconciliation of the offender, the victim and Muscogee (Creek)
Nation. While one goal of sentencing is to impress upon the offender the wrong
he has committed, the paramount goal is to restore the victim and the Nation to
the position that existed prior to the commitment of the offense, and to restore
the offender to harmony with the victim and the community by requiring him
to right his wrongdoing. These goals shall be considered in sentencing for
criminal offenses.
B. All crimes subject to the jurisdiction of the Court are classified as either
misdemeanors or felonies and are punishable by a maximum jail term not to
exceed one year and/or a fine not to exceed five thousand dollars ($5,000.00).
All persons punished by incarceration after conviction of a crime shall be
placed in the custody of an approved jail facility contracted by the Nation to
accept custody. All terms of incarceration and the amount of all fines shall be
fixed by the Court.
C. Unless the Court determines that the ends of justice will not be served
thereby, or that a civil action will more adequately adjudicate damages in the
specific case at hand, then in addition to any sentence otherwise provided by
law, the Court shall order the offender to pay restitution to the victim, including
when the victim is the Muscogee (Creek) Nation.
[NCA 10–053, approved May 27, 2010.]

§ 2–105. Contempt, direct and indirect; definition
Contempt of Court shall be divided into direct and indirect contempt. Direct
contempt shall consist of disorderly or insolent behavior committed during the
session of the Court and in its immediate view and presence; the unlawful and
willful refusal of any person to be sworn as a witness; the refusal to answer any
legal or proper question; or any breach of the peace, noise or disturbance, so
near to it as to interrupt its proceedings. Indirect contempt of Court shall
consist of willful disobedience of any process or order lawfully issued or made
by Court or resistance willfully offered by any person to the execution of a
lawful order or process of a Court. Contempt may be summarily punished by
the Court whether direct or indirect.
[NCA 10–053, approved May 27, 201

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3A4489d29b4fb6f64a. Public record. Not legal advice.