# SUBCHAPTER I: INTRODUCTORY MATTERS

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## Record

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

## Text

TRIBAL CODE
CHAPTER 71:
CRIMINAL OFFENSES

CONTENTS:
SUBCHAPTER I: INTRODUCTORY MATTERS

71.101 Purposes ............................................................................................................................. 71-8
71.102 Repealer.............................................................................................................................. 71-8
71.103 Effective Date..................................................................................................................... 71-9
SUBCHAPTER II: DEFINITIONS

71.201 General Provisions ............................................................................................................. 71-9
71.202 Definitions .......................................................................................................................... 71-9
SUBCHAPTER III: JURISDICTION

71.301 Generally. ......................................................................................................................... 71-15
71.302 Persons Under the Tribe's Criminal Jurisdiction .............................................................. 71-16
71.303 Territorial Extent .............................................................................................................. 71-16
SUBCHAPTER IV: GENERAL PROVISIONS
71.401 Affirmative Defenses ....................................................................................................... 71-17
71.02

Double Jeopardy ............................................................................................................... 71-17

71.403 Intoxication....................................................................................................................... 71-18
71.404 Multiple Counts ................................................................................................................ 71-18
71.405 Presumption of Innocence ................................................................................................ 71-18
SUBCHAPTER V: CONTEMPT OF COURT
71.501 Contempt ............................................................................................................................ 71-19
71.502 Disobedience of a Court Order .......................................................................................... 71-19
71.503 Perjury ............................................................................................................................... 71-19
71.504 Violation of a Domestic Violence Protection Order ........................................................... 71-19

71-1

SUBCHAPTER VI: SCHEMING AND PLANNING OFFENSES
71.601 Aiding and Abetting .......................................................................................................... 71-20
71.602 Conspiracy ......................................................................................................................... 71-20
71.603 Solicitation......................................................................................................................... 71-21
71.604 Criminal Attempt............................................................................................................... 71-21
SUBCHAPTER VII: OFFENSES AGAINST THE PERSON
71.701 Assault ............................................................................................................................. 71-21
71.702 Battery. ................................................................................................................................. 71-22
71.703 Assault with a Weapon .................................................................................................... 71-22
71.704 Aggravated Assault or Battery ........................................................................................ 71-22
71.705 Battery on Tribal Justice Personnel ................................................................................. 71-23
71.706 Harassment ........................................................................................................................... 71-23
71.707 Stalking ................................................................................................................................. 71-24
71.708 Homicide .............................................................................................................................. 71-24
71.709 Kidnapping ........................................................................................................................... 71-25
71.710 Misuse of Identity…........................................................................................................ 71-25
71.711 Assault with Intent to Do Great Bodily Harm................................................................. 71-27
71.712 Assault with Intent to Commit Criminal Sexual Conduct ............................................... 71-28
71.713 Malicious Use of Telecommunications. .......................................................................... 71-28
71.714 Aggravated Stalking ........................................................................................................ 71-29
71.715 Aggravated Assault on Tribal Justice Personnel ............................................................. 71-29
71.716 Threatening to Commit Violence with Firearm, Explosive, or Other Dangerous Weapon
Against Student or Employees on School Property……………………………………………... 71-30
SUBCHAPTER VIII: PROPERTY RELATED OFFENSES
71.801 Arson ................................................................................................................................ 71-31
71.802 Burglary ............................................................................................................................ 71-31
71.803 Illegally Receiving Property ............................................................................................. 71-32
71.804 Joyriding ........................................................................................................................... 71-32
71.805 Robbery ............................................................................................................................ 71-32
71.806 Theft ................................................................................................................................. 71-33
71.807 Theft of Services .............................................................................................................. 71-33
71.808 Embezzlement and Theft from Tribal Organizations ....................................................... 71-34
71.809 Breaking and Entering …………………………………………………………………. 71-34

71-2

SUBCHAPTER IX: DAMAGE TO PROPERTY
71.901 Abusing Property .............................................................................................................. 71-35
71.902 Trespass ............................................................................................................................ 71-35
71.903 Desecration ....................................................................................................................... 71-36
71.904 Littering ............................................................................................................................ 71-36
71.905 Illegal Dumping ……………………………………………………………………………71-36

SUBCHAPTER X: FORGERY AND RELATED OFFENSES
71.1001 Forgery ........................................................................................................................... 71-37
71.1002 Fraud ............................................................................................................................... 71-37
71.1003 Passing Bad Checks......................................................................................................... 71-37
71.1004 Bribery in Sports .............................................................................................................. 71-37
71.1005 Private Bribery ................................................................................................................ 71-38
71.1006 Public Bribery.................................................................................................................. 71-38
SUBCHAPTER XI: OBSTRUCTION OF TRIBAL ADMINISTRATION AND RELATED OFFENSES
71.1101 Abuse of Office ............................................................................................................... 71-39
71.1102 Improper Influence of a Tribal Official ........................................................................... 71-39
71.1103 Election Fraud ................................................................................................................. 71-39
71.1104 Malicious Criminal Prosecution ...................................................................................... 71-40
71.1105 Obstruction of Justice ...................................................................................................... 71-40
71.1106 Obstructing Performance of Police Duties ...................................................................... 71-41
71.1107 Refusing, Omitting and Delaying to Arrest ..................................................................... 71-42
71.1108 Concealing or Harboring One Who has Escaped ............................................................ 71-42
71.1109 Filing Fictitious Report ................................................................................................... 71-42
71.1110 Preventing the Use of Telephone in an Emergency. ....................................................... 71-42
71.1111 Prohibited Use of Emergency 9-1-1 Service …………………………………………... 71-43
SUBCHAPTER XII: RIOT AND RELATED OFFENSES
71.1201 Causing or Maintaining a Public Nuisance ..................................................................... 71-43
71.1202 Disorderly Conduct ......................................................................................................... 71-43
71.1203 Riot .................................................................................................................................. 71-45
71.1204 Inciting a Riot .................................................................................................................. 71-45
71.1205 Disobedience of Public Safety Order Under Riot Conditions ......................................... 71-45
71.1206 Obstructing Highway or Other Passage .......................................................................... 71-45
71.1207 Transmitting False Alarms .............................................................................................. 71-46
71-3

71.1208 Trespass or Interference in Public Buildings................................................................... 71-46
71.1209 Soliciting Without a License ........................................................................................... 71-47
SUBCHAPTER XIII: WEAPONS AND RELATED OFFENSES
71.1301 Carrying a Concealed Weapon ........................................................................................ 71-47
71.1302 Unlawful Use of a Weapon ............................................................................................. 71-48
71.1303 Dangerous Use of Explosives .......................................................................................... 71-48
71.1304 Negligent Use of Explosives ........................................................................................... 71-48

SUBCHAPTER XIV: OFFENSES AGAINST THE FAMILY
71.1401 Bigamy ........................................................................................................................... 71-49
71.1402 Child Abuse .................................................................................................................... 71-49
71.1403 Incest .............................................................................................................................. 71-49
71.1404 Domestic Battery or Assault ........................................................................................... 71-50
71.1405 Contributing to the Delinquency of a Minor .................................................................. 71-50
71.1406 Custodial Interference .................................................................................................... 71-50
SUBCHAPTER XV: ALCOHOL AND RELATED OFFENSES
71.1501 Delivery of Alcohol to a Minor ...................................................................................... 71-51
71.1502 Illegal Consumption of Liquor ....................................................................................... 71-51
71.1503 Public Intoxication.......................................................................................................... 71-51
71.1504 Under Age Possession by a Minor.................................................................................. 71-52
71.1505 Under Age Possession of Tobacco by a Minor .............................................................. 71-53
71.1506 Delivery of Nicotine Products to a Minor ...................................................................... 71-54
71.1507 Use of Nicotine and Nicotine Delivery Systems on School Grounds Prohibited.. 71-54
71.1508 REPEALED ................................................................................................................... 71-54
71.1509 REPEALED ................................................................................................................... 71-54
SUBCHAPTER XVI: CONTROLLED SUBSTANCE AND RELATED OFFENSES
71.1601 Furnishing Marijuana REPEALED ................................................................................ 71-54
71.1602 Possession or Furnishing of Narcotics .......................................................................... 71-54
71.1603 Possession of Marijuana REPEALED ............................................................................ 71-55
71.1604 Inhaling Toxic Vapors .................................................................................................... 71-55
71.1605 Misuse of Prescription Medications REPEALED .......................................................... 71-55
71.1606 Possession or Use of Medication without Prescription .................................................. 71-55
71-4

71.1607 Permitted Possession and Use of Marijuana................................................................... 71-55
71.1608 Possession and Use of Marijuana in Excess of Authorized Amounts ............................ 71-56
71.1609 Distribution to a Person under 21 years of Age ............................................................. 71-56
71.1610 Possession or Use by a Person between 18 and 21 years of Age. .................................. 71-57
71.1611 Marijuana Accessories.................................................................................................... 71-57
71.1612 Marijuana Possession or Use Near School and Play Grounds Prohibited ...................... 71-57
71.1613 Marijuana Possession or Use in Public Area or Public View Prohibited ....................... 71-57
71.1614 Permitted Manufacture, Process and Sale of Marijuana Limited to Tribal Enterprises . 71-57
71.1615 Operating a Vehicle ........................................................................................................ 71-58
71.1616 Custody and Visitation ................................................................................................... 71-58
71.1617 Vacating Offenses .......................................................................................................... 71-58
71.1618 Distribution of Marijuana ............................................................................................... 71-58
SUBCHAPTER XVII: ANIMAL CONTROL
71.1701 Cruelty to Animals ......................................................................................................... 71-58
71.1702 Offense Concerning Dogs .............................................................................................. 71-59
SUBCHAPTER XVIII: SEX CRIMES
71.1801 Criminal Sexual Conduct – First Degree ........................................................................ 71-59
71.1802 Criminal Sexual Conduct – Second Degree ................................................................... 71-61
71.1803 Criminal Sexual Conduct – Third Degree ...................................................................... 71-62
71.1804 Criminal Sexual Conduct - Fourth Degree .................................................................... 71-63
71.1805 Indecent Exposure .......................................................................................................... 71-64
71.1806 Prostitution ..................................................................................................................... 71-64
71.1807 Solicitation for Prostitution ............................................................................................ 71-64
71.1808 Patronizing a Prostitute................................................................................................... 71-65
71.1809 Sexual Exploitation......................................................................................................... 71-65
71.1810 Accosting, Enticing or Soliciting a Child for Immoral Purpose..................................... 71-66
71.1811 Child Sexually Abusive Material or Activity ................................................................. 71-66
71.1812 Sex Trafficking………………………………………………………………………….71-68

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HISTORY NOTE:
Current Ordinance
Originally enacted as Chapter 4 of the Law and Order Code, Resolution 11-28-79E, adopted November
11, 1979, effective immediately.
Reenacted in Tribal Code format as part of the Tribal Code on July 5, 1995, Resolution No. 95-89,
effective immediately. Tribal Resolution 97-10,adopted Feb 4, 1999 enacts Chapt 71:Criminal Offenses
and rescinds the current Chapter 71.
Amendments:
Tribal Resolution 2025-87, adopted May 6, 2025, adds 71.716 Threatening to Commit Violence with
Firearm, Explosive, or Other Dangerous Weapon Against Students or Employees on School Property.
Tribal Resolution 2025-85, adopted May 6, 2025, adds 71.809 Breaking and Entering.
Tribal Resolution 2025-86, adopted May 6, 2025, adds 71.1111 Prohibited Use of Emergency 9-1-1
Service.
Tribal Resolution 2024-175, adopted June 4, 2024, amends 71.202 (20) Littering and adds 71.905
Illegal Dumping.
Tribal Resolution 2024-45, adopted February 6, 2024, repealing Section 71.1508 and 71.1509.
Tribal Resolution 2022-258, adopted September 27, 2022, implements the Tribe’s jurisdiction over the
criminal offenses provided in the Violence Against Women Act.
Tribal Resolution 2022-121, adopted April 26, 2022, amends Section 71.1613.
Tribal Resolution 2020-183, adopted August 11, 2020, deletes the current Section 71.1617 and replaces
with new Section 71.1617, vacating of prior marijuana convictions.
Tribal Resolution 2020-101, adopted May 5, 2020, amending by raising the age of an adult for criminal
jurisdiction purposes to 18 years of age or older.
Tribal Resolution 2020-94, adopted April 14, 2020, amending Sections 71.1601-71.1618.
Tribal Resolution 2019-278, adopted October 15, 2019 Limiting Electronic Cigarette.
Subchapter XV. Tribal Resolution 2019-144, adopted May 14, 2019, Technical
Amendments.
Tribal Resolution 2019-109, adopted April 16, 2019, repealed current Subchapter XVI Controlled
Substances and Related Offenses and enacted a wholly new Subchapter XVI Controlled Substances and
Related Offenses. Effective May 15, 2019.
Tribal Resolution 2018-141, adopted June 12, 2018 amending §§71.1601, and 71.1603, Michigan Medical
Marijuana Act, MCL 333.24621 et seq.
Tribal Resolution 2018-30, adopted February 6, 2018 amends §71.1505 and §.1506, Nicotine Products.
Tribal Resolution 2016-248, adopted October 18, 2016 amends §71.201, §71.202, §71.704, §71.707,
§71.1404. Adds new sections §71.711, §71.712, §71.713, §71.714, §71.1406, §71.1605, §71.1809,

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§71.1810, §71.1811.
Tribal Resolution 2016-185, adopted July 26, 2016, amends Chapter 71, by adding §71.1602(3),
possession and administration of Nalosone (Narcan).
Tribal Resolution 2013-225, adopted October 22, 2013, repealed current §71.1504 and enacted
new§71.1504.
Tribal Resolution 2012-181, adopted September 4, 2012, adds §§71.1202(1)(m). Disorderly conduct in
alcohol free zone. Tribal Resolution 2008-133, adopted June 17, 2008, adds §§71.1504-1506, Under Age
Possession of Liquor, Tobacco and Delivery of Tobacco to Minor.
Tribal Resolution 2008-79, adopted April 15, 2008, deletes §71.1202 and replaces with a revised
§71.1202.
Tribal Resolution 2008-61, adopted March 18, 2008, deletes §71.202-71.221 and replaces with §71.202,
adds §71.604 and §71.110, deletes §71.1202 and replaces with new §71.1202 and deletes §71.1801 and
replaces with §.1801-1804. Replaces §71.1202 with a new §71.1202 and deletes §71.1801 and replaces
it with §71.1801-1804.
Tribal Resolution 2007-54, adopted March 20, 2007, amends §71.502.
Tribal Resolution 2005-89, adopted June 14, 2005, adds new section 71.710 misuse of
identity. Tribal Resolution 2005-90, adopted June 14, 2005, repealed current 71.706 and
enacted new 71.706.
Tribal Resolution 2003-58, adopted April 29, 2003, amended '71.1102, improper influence Tribal
Official.
Tribal Resolution 2003-41, adopted March 25, 2003, amended '71.303, violation of Chapter 43.
Tribal Resolution 7-25-87, adopted July 25, 1987, added '71.159, offenses concerning dogs.
Tribal Resolution 10-18-88, adopted October 18, 1988, amended '71.151(2) to increase the
penalty.
Tribal Resolution 6-05-89A, adopted June 5, 1989, added '71.160, offenses concerning
animals.
Tribal Resolution 11-20-90, adopted November 20, 1990, added '71.161, obstruction of
justice.
Tribal Resolution 96-07, adopted January 15, 1996, added '71.161, election fraud

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TRIBAL CODE
CHAPTER 71:
CRIMINAL OFFENSES
SUBCHAPTER I: INTRODUCTORY MATTERS

71.101 Purposes.
(1) The general purposes of the provisions governing the definition of offenses are:
(a) to forbid and deter conduct which unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or tribal interests; and
(b) to give fair warning of the nature of conduct declared to constitute
criminal offenses.
(2) The general purposes of the provisions governing the sentencing and treatment of
offenders are:

(a) to punish the offender for crimes against the Tribe;
(b) to remove offenders from the tribal community when required in the
interests of public protection;
(c) to promote the correction and rehabilitation of offenders;
(d) to deter the commission of offenses;
(e) to pay restitution to the injured party.
71.102 Repealer.
(1) Except as provided in sub. (3), the following are repealed in their entirety:
(a) Chapter 4 of the Law and Order Code, adopted by Resolution No. 11-2879E;

(b) any later amendments to Chapter 4;
(c) the recodification of Chapter 4 as Tribal Code Chapter 71: Criminal
Offenses enacted as part of the Tribal Code by Resolution 95-89; and
(d) any later amendments to Chapter 71.
71-8

71.103 Effective Date.
This Chapter shall take immediate effect. The provisions of this Chapter shall apply to any
offense committed on or after the date of enactment.
SUBCHAPTER II: DEFINITIONS

71.201 General Provisions.
(1) For the purpose of this Chapter, certain terms are defined in this subchapter.
(2) The definitions provided in Tribal Code '71.202 apply unless subchapters include specific
and contrary definitions. Any specific definitions within a subchapter are superior to the general
definitions listed in Tribal Code '71.202 and shall govern the definition of the word for that
subchapter.
(3) When not inconsistent with the context, words used in the present tense include the
future, words in the singular number include the plural number, words in the plural number include
the singular number, and words in the masculine gender include the feminine gender.
(4) The word "shall" is always mandatory and not merely directory.
(5) The definitions set forth in Tribal Code '70.102 shall apply to this Chapter as well.
71.202 Definitions.
(1)
"Apprehension of bodily injury" means any act which is intended to cause
another person to reasonably fear imminent bodily injury.
(2)

"Bodily Injury" means any impairment of physical condition, including physical

pain.
(3) “Child” or “minor child” means a person who is less than eighteen (18) years old.
(4) “Coercion; Commercial Sex Act” have the meanings given the terms in section
1591(c) of title 18, United Sates Code.
(5) "Course of Conduct" means a pattern of conduct composed of a series of two or more
separate non-continuous acts evidencing a continuity of purpose.
(6) "Credible threat" means a threat, verbal or nonverbal, that would cause a
reasonable person to fear for his safety or the safety of a household member, including a
spouse, former spouse, family member, present or former household member or co-parent of a child.
(7) "Developmental disability" means an impairment of general intellectual
functioning or adaptive behavior which meets all of the following criteria:

(a) It originated before the person became 18 years of age.
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(b) It has continued since its origination or can be expected to continue
indefinitely.

(c) It constitutes a substantial burden to the impaired person's ability to
perform in society.
(d) It is attributable to 1 or more of the following:
(i) Mental retardation, cerebral palsy, epilepsy, or autism.
(ii) Any other condition of a person found to be closely related to mental
retardation because it produces a similar impairment or requires treatment and
services similar to those required for a person who is mentally retarded.
(8) "Domestic Violence" means any violation of this Chapter that is committed by:

(a) A current or former spouse or intimate partner of the victim;
(b) A person with whom the victim shares a child in common;
(c) A person who is cohabitating with or who has cohabitated with the victim as
a spouse or intimate partner; or
(d) A person similarly situated to a spouse of the victim
(9) "Emergency" means a situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential.
(10) "Emergency situation" means a situation in which both of the following apply:

(a) Human health, life or safety is in jeopardy and the prompt summoning of aid is
essential.

(b) It is reasonable to believe that a domestic violence offense pursuant to
section 71.1404 is being, has been or is about to be committed.
(11) "Emotional Distress" means significant mental suffering or distress that may, but does
not necessarily, require medical or other professional treatment or counseling.
(12) "Family member" means a spouse, a parent, a child or a person related by
consanguinity to another person.
(13) "Firearm" means any gun, revolver, pistol, shotgun, or other weapon which
discharges a projectile by explosive force.
(14) "Harassment" means conduct directed toward a victim that includes, but is not
limited to, repeated or continuing unconsented contact that would cause a reasonable

71-10

individual to suffer emotional distress and that actually causes the victim to suffer emotional distress.
Harassment does not include constitutionally protected activity or conduct that serves a legitimate
purpose. Harassing behavior can include but is not limited to vandalism, annoying or threatening
telephone calls, following or other violations of protection orders, sending unwanted letters,
electronic mail, electronic forms of communication, sending messages through third parties,
showing up at victim's home or workplace, attempting to obtain private information about the
victim through others, leaving gifts for the victim, disabling or otherwise tampering with the
victim's vehicle, taking mail from the victim's mailbox, entering the victim's home or place of
residence, parking near or driving by the victim's residence or workplace for no legitimate reason.
(15) "Household member" means a person currently or formerly residing in a place of abode
with another person.
(16) "Indian" means any person who is:

(a) a member of the Tribe; or
(b) any other person who would be subject to the jurisdiction of the United States
as an Indian under 18 U.S.C. '1153 if that person were to commit an offense listed in that
section in Indian country to which that section applies.
(17) "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast
of a human being.
(18) "Knife" means any dagger, dirk, knife, sword, spear, or stiletto with a blade over three and
one-half (3 1/2) inches in length, or any other instrument capable of inflicting cutting, stabbing or
tearing wounds, but it does not include a hunting or fishing knife carried for sport or other lawful use.
(19) “Knowingly” means

(a) if the element involves the nature of the person's conduct or the attendant
circumstances, the person is aware that the conduct is of that nature or that such
circumstances exist; and
(b) if the element involves a result of the conduct, the person is aware that it is
practically certain that the conduct will cause such a result.
(20) "Litter" means any non-hazardous solid or liquid domestic or commercial refuse,
garbage, debris, or rubbish.
(21) “Mental health professional” means that term as defined in section 100b of the mental
health code of the State of Michigan, 1974 PA 258, MCL 330.1100b.
(22) "Mental illness" means a substantial disorder of thought or mood that significantly
impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary
demands of life.
(23) "Mentally disabled" means that a person has a mental illness, is mentally retarded, or
has a developmental disability.

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(24) "Mentally incapable" means that a person suffers from a mental disease or defect that
renders that person temporarily or permanently incapable of appraising the nature
of his or her conduct.
(25) “Mentally incapacitated" means that a person is rendered temporarily incapable of
appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other
substance administered to that person without his or her consent, or due to any other act committed
upon that person without his or her consent.
(26) "Mentally retarded" means significantly subaverage general intellectual functioning
that originates during the developmental period and is associated with impairment in adaptive
behavior.
(27) “Negligently” means a manner in which when the person should be aware of a
substantial and unjustifiable risk that the material element exists or will result from his conduct.
The risk must be of such a nature and degree that the person's failure to perceive it, considering the
nature and purpose of the person's conduct and the circumstances known to the person, involves a
gross deviation from the standard of care that a reasonably prudent person would observe in the
actor's situation.
(28) “Obstruction of Justice” means where a violation is committed in accordance with this
Chapter that involves interfering with the administration or due process of the laws of the Sault Ste.
Marie Tribe, including any Tribal criminal proceeding or investigation of a crime.
(29) "Overt act" means an open, manifest act from which criminality may be implied.
(30) "Personal injury" means bodily injury, disfigurement, mental anguish, chronic pain,
pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
(31) “Physically helpless” means that a person is unconscious, asleep, or for any other
reason is physically unable to communicate unwillingness to an act.
(32) “Purposely or intentionally” means:

(a) if the element involves the nature of the person's conduct or a result thereof, it
is the person's conscious object to engage in the conduct of that nature or to cause such a
result; and
(b) if the element involves the attendant circumstances, the person is aware of the
existence of such circumstances or the person believes or hopes that they exist.
(33) “Prescription medication” means a drug, chemical, compound, or treatment that must be
dispensed by a licensed pharmacist and is not otherwise available over-the-counter within the United
States.
(34) "Recklessly" means the person consciously disregards a substantial and unjustifiable
risk that the material element exists or will result from the conduct. The risk must be of such a nature
and degree that, considering the nature and purpose of the person's conduct and the circumstances

71-12

known to the person, its disregard involves a gross deviation of the standard of conduct that a lawabiding person would observe in the actor's situation.
(35) "Riot" means a public disturbance involving an assemblage of three (3) or more persons
which by tumultuous and violent conduct creates substantial danger of damage or injury to property
or persons or substantially obstructs the performance of any lawful governmental function.
(36) “Sell” includes any form of remuneration, trade, or compensation.
(37) "Sexual contact" includes the intentional touching of the victim's or actor's intimate
parts or the intentional touching of the clothing covering the immediate area of the victim's or actor'
s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of
sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:

(a) revenge; or
(b) to inflict humiliation; or
(c) out of anger.
(38) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal
intercourse, or any other intrusion, however slight, of any part of a person's body or of any object
into the genital or anal openings of another person's body, but emission of semen is not required.
(39) “Sexual Violence” means any nonconsensual sexual act or contact proscribed by a
statute defined in this Chapter, including any case in which the victim lacks the capacity to
consent to the act.
(40) "Substantial step" means any conduct, whether act, omission or possession which is
corroborative of the actor's intent to commit the other offense.
(41) “Stalking” means engaging in a course of conduct directed at a specific person as
defined by this Chapter where the violation occurs that would cause a reasonable person to: (A)
fear for the person’s safety or the safety of others; or (B) o suffer substantial emotional distress.
(42) “Telecommunications” and “telecommunications service” mean any service lawfully
provided for a charge or compensation to facilitate the origination, transmission, retransmission,
emission, or reception of signs, data, images, signals, writings, sounds, or other intelligence or
equivalence of intelligence of any nature over any telecommunications system by any method,
including, but not limited to, electronic, electromagnetic, magnetic, optical, photo-optical, digital,
or analog technologies.
(43)

“Telecommunication device” means any of the following:

(a) Any Tribal Court Any instrument, device, card, plate, code, telephone number,
account number, personal identification number, electronic serial number, mobile
identification number, counterfeit number, or financial transaction device as defined in
MCL 750.157m that alone or with another device can acquire, transmit, intercept,
provide, receive, use, or otherwise facilitate the use, acquisition, interception, provision,
reception, and transmission of any telecommunications service.
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(b) Any type of instrument, device, machine, equipment, technology, or software
that facilitates telecommunications or which is capable of transmitting, acquiring,
intercepting, decrypting, or receiving any telephonic, electronic, data, internet access,
audio, video, microwave, or radio transmissions, signals, telecommunications, or services,
including the receipt, acquisition, interception, transmission, retransmission, or decryption
of all telecommunications, transmissions, signals, or services provided by or through any
cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, internet
based or wireless distribution network, system, or facility, or any part, accessory, or
component, including any computer circuit, security module, smart card, software,
computer chip, pager, cellular telephone, personal communications device, transponder,
receiver, modem, electronic mechanism or other component, accessory, or part of any
other device that is capable of facilitating the interception, transmission, retransmission,
decryption, acquisition, or reception of any telecommunications, transmissions, signals,
or services.
(44) "Tribal Justice Personnel" " Tribal Justice Personnel" includes but is not limited to the
following, when acting on behalf of the Tribe or serving the Tribe for any investigation,
adjudication, or other services related to a potential crime or a criminal case:

(a) Any Tribal Court judge, Court administrator, Court Clerk, probation officer, or
other employee or agent of the Court;
(b) Any Tribal law enforcement officer or agent of tribal law enforcement, and any
caseworker, law enforcement officer from any other jurisdiction, EMT worker, or other
person that is working in coordination or conjunction with a tribal law enforcement officer;
(c) Any person incarcerating, supervising, providing treatment, providing
rehabilitation services, or providing reentry services on behalf of the Tribe;
(d) Any ACFS caseworker, supervisor, or other agent when providing any services
related to investigation of allegations that a child may be a child-in-need-of-care under the
law of any tribe or state, or that any criminal act may have been committed against a child
or against a vulnerable adult;
(e) Any victim advocate for services to the alleged victim or other services to the
tribal justice system;
(f) Any medical or mental health professional or detention worker for any services
related to the alleged victim related to the crime or for any services to the defendant related
to bail, sentencing, rehabilitation, sentencing of the defendant, or other services to the tribal
justice system.
(g) The Tribe's prosecutor and all other employees in the Prosecutor's office;
(h) The Defendant's attorney and all employees and agents of that attorney.
(i) Any other person, for actions taken on behalf of the Tribe that would not have
been taken but for the investigation or prosecution, court proceedings, or execution of the
sentence for an alleged crime.
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(45) "Tribe" (or "tribal") means (or refers to) the Sault Ste. Marie Tribe of Chippewa Indians.
(46) "Unconsented contact" means any contact with another individual that is

initiated or continued without that individual's consent or in disregard of that individual's
expressed desire that the contact be avoided or discontinued. Unconsented contact includes,
but is not limited to, any of the following: i) Following or appearing within the sight of that
individual. ii) Approaching or confronting that individual in a public place or on private
property. iii) Appearing at that individual's workplace or residence. iv) Entering onto or
remaining on property owned, leased, or occupied by that individual. v) Contacting that
individual by telephone. vi) Sending mail or electronic communications to that individual.
vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that
individual.
(47) “Violation of a Protection Order” means an act that:
(a)

occurs within the jurisdiction of the Sault Ste. Marie Tribe; and

(b)

violates a provision of a protection order that:
(i) prohibits or provides protection against violent or threatening acts or
harassment against, sexual violence against, contact or communication with, or
physical proximity to, another person;
(ii) was issued against the defendant;
(iii) is enforceable by the Sault Ste. Marie Tribe; and
(iv) is consistent with section 2265(b) of title 18, United States Code.

(48) "Weapon" means a firearm, knife, or any of the following: any dart, blow-gun, air or
pellet gun, non-safety razor, blackjack, billy club, sand club, sand bag, any hand operated striking
weapon consisting at the striking end of an encased heavy substance or at the handle end a strap or
springy shaft which increases the force of the impact, any device designed for propelling by release
of gas or a spring pressure, any device designed to discharge chemicals as an offensive or defensive
weapon, a bomb or any other explosive or incendiary device or Molotov cocktail, brass knuckles or
other device intended to be worn on the hand or other part of the body for infliction of injury to
another person, stun gun, shocking device or any other device used to inflict bodily injury.
SUBCHAPTER III: JURISDICTION

71.301 Generally.
The offenses specified in this Chapter, or those provided for in other chapters of the Tribal
Code, constitute forbidden criminal conduct against the Tribe. Persons committing such offenses
may be tried and punished by the Tribal Court as provided for by this Chapter and Chapter 70;
provided, however, that such jurisdiction, whether or not exercised, shall not affect the power or
authority of any other courts, including those of the United States, or the State of Michigan, which

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may have jurisdiction.

71.302 Persons Under the Tribe's Criminal Jurisdiction.
(1)
The criminal jurisdiction of the Tribe shall extend to all Indians, and
all other persons over whom the exercise of criminal jurisdiction by the Tribe is
authorized or permitted by federal law.
71.303 Territorial Extend.
Except as provided in sub. (2), the criminal jurisdiction of the Tribe shall extend to:
(a) all land within the limits of the Tribe's reservation, including trust land, fee
patented land and rights of way running through the reservation; and

(b) all land outside the boundaries of the Tribe's reservation held in trust by the
United States for individual members of the Tribe or for the Tribe; and
(c) all other land considered "Indian Country" as defined by 18 U.S.C. '1151 that is
associated with the Tribe.

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(2) The criminal jurisdiction of the Tribe shall extend to the following offenses
wherever committed:
(a) Embezzlement and theft from a tribal organization, ' 71.808
(b) Abuse of office, '71.1101, if the office involved is a tribal office;
(c) Improper influence of a tribal official, '71.1102;
(d) Election fraud, '71.1103, if the election involved is a tribal election;
(e) Malicious criminal prosecution, '71.1104, if the prosecution involves the Tribal
Court;

(f) Obstruction of justice, '71.1105, if the investigation involves a violation of
tribal law or the case involved is in Tribal Court;
(g) Public bribery, '71.1006, if the public servant involved is an official,
appointee, judge or employee of the Tribe; [see Settler v. Lameer]
(h) Refusing, omitting and delaying to arrest, '71.1107; and
(i) Filing fictitious report, '71.1109.
(j) Any violation of '43.1017 of Tribal Code Chapter 43: Tribal Tax Code.
SUBCHAPTER IV: GENERAL PROVISIONS
71.401 Affirmative Defenses.

(1) Unless the prosecution's evidence raises an issue of affirmative defense to an alleged
offense, the defendant, to raise the issue, must present some credible evidence on that issue. If the issue
involved in an affirmative defense is raised, the guilt of the defendant must be established beyond
a reasonable doubt as to that issue as well as all other elements of the offense.
(2) Affirmative defenses include but are not necessarily limited to the following:
(a) Alibi. The evidence must indicate that the defendant's whereabouts at the time of
the crime make it impossible or impracticable to place the defendant at the scene of the
crime.

(b) Claim of right. The evidence must indicate that the person thought the
property to be legally his, and that he was operating under an honest conviction that he was
acting under claim of right.

(c) Duress. The evidence must indicate that the person engaged in the conduct
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charged because he was coerced against his will by the use, or the threatened use of, unlawful
force against his person or the person of another. The coercion must be such that a reasonable
person would be unable to resist.
(d) Protection of self, property or another person. The use of reasonable force towards another
person is justified when:

(i) the force is directed toward one who is using unlawful force; and
(ii) the person using such force reasonably believes that use of force is
necessary for the person's protection or that of a third person.
The use of reasonable force toward another person is justified if used to
prevent the unlawful entry into the dwelling of the person asserting the defense or
to prevent the unlawful carrying away of personal property.
(e) Those affirmative defenses specified elsewhere in this Chapter or another chapter of the
Tribal Code.
71.402 Double Jeopardy.

(1) If a criminal prosecution is for a violation of the same provision of law and is based
upon the same facts as a former prosecution in Tribal Court, it is barred by the former prosecution,
when:
(a) the former prosecution resulted in an acquittal; or
(b) the former prosecution proceeded on the basis of a plea of guilty or no
contest; or

(c) the former prosecution resulted in a conviction which has not been
reversed or vacated.
71.403 Intoxication.
Intoxication of the defendant is not a defense to the charge of a criminal offense, but in any
prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant
whenever it is relevant to negate the existence of a specific intent, if such intent is an element of the
crime charged.
71.404 Multiple Counts.

(1) When the conduct of a defendant establishes the commission of more than one
offense, the defendant may be prosecuted for each such offense, unless:

(a) inconsistent findings of facts are required to establish the commission of the
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offense; or

(b) the offenses differ only in that one is defined to prohibit a designated kind of
conduct generally and the other to prohibit a specific instance of such conduct; or
(c) the offense is defined as a continuing course of conduct and the defendant's
course was uninterrupted unless the law provides that specific periods or instances of such
conduct constitute separate offenses.
(2) If the same conduct is defined as an offense in different chapters of the Tribal Code or
in different sections of this chapter, the offender may be prosecuted under any one or all of such
sections or chapters subject to the limitations provided by this section. It shall be immaterial to such
prosecution that one of the enactments or sections provides a lesser penalty than another, or was
enacted at a later date than another unless the later section or enactment specifically repeals the
earlier.
71.405 Presumption of Innocence.

(1) Every person is presumed innocent of any offense with which he is charged until proven
guilty.

(2) No person shall be convicted of any offense unless his guilt, as to each material
element, is proven beyond a reasonable doubt.

SUBCHAPTER V: CONTEMPT OF COURT
71.501 Contempt.

(1) Offense. A person commits the offense of contempt of court, if:
(a) he intentionally fails to maintain the respect due the Tribal Court; or
(b) he intentionally engages in any offensive conduct in the Tribal Court
courtroom.

(2) Sentence. A person deemed guilty of contempt of court shall be subject to immediate
sentencing by the Tribal Court judge and may be sentenced to a jail term not to exceed ninety days,
or a fine not to exceed One Thousand Dollars ($1,000.00), or both.
71.502 Disobedience of a Court Order.

(1) Offense. A person commits the offense of disobedience of a court order, if he
intentionally disobeys any outstanding order, warrant or command duly issued by the Tribal Court, or
any subpoena duly issued by the Tribal Court or an attorney of record.

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(2) Sentence. A person convicted of disobedience of a court order may be sentenced
to a jail term not to exceed three (3) months, or a fine not to exceed One Thousand Dollars
($1,000.00), or both.
71.503 Perjury.

(1) Offense. A person commits the offense of perjury, if he makes any sworn statement,
either in writing or orally, or a sworn affidavit, before the Tribal Court, knowing or having reasonable
cause to know the same to be false, or if he induces another person to do so.
(2) Sentence.
(a) Except as provided in sub. (b), a person convicted of perjury may be sentenced
to imprisonment for a period not to exceed three (3) months, or a fine of not to exceed One
Thousand Dollars ($1,000.00), or both.

(b) If any other person is unjustly deprived of liberty or property, or the use or
benefit thereof, as a result of such perjury, the sentence may be imprisonment for a period not
to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or
both.
71.504 Violation of a Domestic Violence Protection Order
(1) Offense. A person commits the offense of Violation of a Domestic Violence
Protection Order, if he/she knowingly violates any provision of a Domestic Violence Protection
Order, as defined in Section 71.300(47).
(2) Sentence. A person convicted of Violation of a Domestic Violence Protection Order
may be sentenced to imprisonment not to exceed one (1) year in jail, or a fine not to exceed Five
Thousand Dollars ($5,000), or both.
SUBCHAPTER VI: SCHEMING AND PLANNING OFFENSES
71.601 Aiding and Abetting.

(1) Offense. A person commits the offense of aiding and abetting, if:
(a) with the intent to promote or facilitate the act or conduct constituting the
commission of the offense, he aids, abets or advises such other person in planning or
committing the offense.
(2) Sentence. A person convicted of the offense of aiding and abetting shall be subject
to the same sentence as provided for the underlying crime.
(3) Comment. A person shall not be convicted of aiding and abetting if the principle
offender is not found guilty of the underlying crime.
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71.602 Conspiracy.

(1) Offense. A person commits the offense of criminal conspiracy, if with the intent to
promote or facilitate the commission of another offense,
(a) he agrees with another person or persons that they, or one or more of them,
will engage in conduct which constitutes such other offense or an attempt to commit such
other offense; or
(b) he agrees to aid such other person or persons in planning and commission or such
other offense or of an attempt to commit such other offense.
(2) Sentence. A person convicted of criminal conspiracy shall be subject to the same
punishment s that specified for the offense which was the subject of the conspiracy. However, the
penalty shall not exceed the maximum specified for the offense which was the subject of the
conspiracy, whether or not such other offense was committed.
(3) Comment.
(a) Factual or legal impossibility of committing the other offense is not a defense
to a charge of criminal attempt, if the other offense would have been committed had the
attendant circumstances been as the actor believed them to be.
(b) A person who engages in conduct intending to aid another to commit any offense
commits criminal attempt if the conduct would establish his complicity under '71.601 were the
offense to be committed by the other person, even if the other person is not guilty of
committing or attempting the offense.
71.603 Solicitation.

(1) Offense. Except for authorized acts of persons authorized by law to investigate the
commission of offenses by others, a person commits the offense of criminal solicitation, if he
commands, induces, entreats or otherwise attempts to persuade another person to commit an
offense, whether as principal or accomplice, with the intent to promote or facilitate the commission
of that crime.
(2) Sentence. A person convicted of criminal solicitation shall be subject to the same
punishment as that for the completed offense. However, the penalty for solicitation shall not exceed
the maximum specified for the offense which was the subject of the solicitation whether or not the
offense was committed.
(3) Comment. It is no defense to a prosecution under this section that the person solicited
could not commit or could not be guilty of the offense because of lack of responsibility, culpability
or other incapacity.
71.604 Criminal Attempt.

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(1) Offense. A person commits the offense of criminal attempt, if, acting with the kind of
culpability otherwise required for the commission of the crime, he:
(a) purposely engages in conduct that would constitute the crime if the attendant
circumstances were as he believes them to be; or
(b) when causing a particular result is an element of the crime, does or omits to do
anything with the purpose of causing or with the belief that it will cause such result without
further conduct on his part; or
(c) purposely does or omits to do anything that, under the circumstances as he
believes them to be, is an act or omission constituting a substantial step in a course of
conduct planned to culminate in his commission of the crime.
(2) Sentence. A person convicted of criminal attempt shall be subject up to one-half the
maximum period of imprisonment or up to one-half the maximum fine specified for the intended
offense, or both.
SUBCHAPTER VII: OFFENSES AGAINST THE PERSON
71.701 Assault.

(1) Offense. A person commits the offense of assault, if:
(a) he attempts to commit a battery or an unlawful act that places another in
reasonable apprehension of receiving an immediate battery; and
(b) he intended either to injure the person or intended to put the person in
reasonable fear or apprehension of an immediate battery.

(2) Sentence. A person convicted of assault may be sentenced to imprisonment for a period
not to exceed four (4) months or a fine not to exceed Two Thousand Dollars ($2,000.00) or both.
71.702 Battery.

(1) Offense. A person commits the offense of battery, if:
(a) he forcefully or violently strikes or touches another person or something
closely connected with the person; and

(b) he intended either to injure the person or intended to make the person
reasonably fear immediate injury.
(2) Sentence. A person convicted of battery may be sentenced to imprisonment for a
period not to exceed six (6) months, or a fine not to exceed Three Thousand
Dollars ($3,000.00), or both.
71.703 Assault with a Weapon.

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(1) Offense. A person commits the offense of assault with a weapon if:
(a) he committed an assault as defined in '71.701(1); and
(b) he had the ability to commit a battery, or appeared to have the ability, or
thought he had the ability; and
(c) he committed the assault with a weapon.
(2) Sentence. A person convicted of assault with a weapon may be sentenced to
imprisonment for a period not to exceed nine (9) months, or a fine not to exceed Four Thousand
Dollars ($4,000.00), or both.
71.704 Aggravated Assault or Battery.

(1) Offense. A person commits the crime of Aggravated Assault or Battery if the
person:

(a) Commits an assault or battery and causes "serious injury." Serious injury
includes any injury for which medical attention is or should be sought.
(b) Commits an assault or battery which causes physical injury, however slight,
and the assault or battery is committed in the immediate presence of, or is seen by, or directly
perceived by, a minor child who is a family member or household member of either the
victim or the assailant.
(c) Causing physical injury, however slight, and commits the assault or battery
knowing that the victim is pregnant.
(d) Intentionally, knowingly or recklessly causes serious physical injury to another
while operating a motor vehicle under the influence of intoxicants.
(e) Being at least 18 years of age, intentionally or knowingly causes physical injury
to a child 10 years of age or younger.
(2) Sentence. A person convicted of Aggravated Assault or Battery may be sentenced to
imprisonment for a period up to nine (9) months or a fine not to exceed Four Thousand Dollars
($4,000.00), or both
71.705 Battery on Tribal Justice Personnel.

(1) Offense. A person commits the offense of assault on tribal justice personnel, if the
person uses, attempts to use, or threatens to use physical force against any Tribal
Justice Personnel because of the performance or duties of that individual as a Tribal
Justice Personnel in:

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(a) preventing, detecting, investigating, making arrests relating to, making
apprehensions for, or prosecuting a crime;

(b) adjudicating, participating in the adjudication of, or supporting the adjudication
of a crime;

(c) detaining, providing supervision for, or providing services for persons charged
with a crime; or

(d) incarcerating, supervising, providing treatment for, providing rehabilitation
services for, or providing reentry services for persons convicted of a crime.

(2) Sentence. A person convicted of assault on tribal justice personnel may be sentenced
to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand
Dollars ($5,000.00), or both.
71.706 Harassment
(1) A person commits the offense of harassment if that person, by words or conduct, and,
with the intent to annoy, harass, intimidate, threaten or alarm:

(a) causes physical injury or severe emotional distress to another person;
(b) subjects another person to offensive physical contact;
(c) causes physical damage to or destruction of the property of another person;
(d) places another person in reasonable fear of harm to his or her person or
property or to the person or property of a third person;

(e) interferes with another person’s free exercise or enjoyment of any right or
privilege secured to him or her by any applicable law or otherwise violates
the rights of another.
(2) Sentence.
(a) A person convicted of harassment may be sentenced to imprisonment for a period
not to exceed two (2) months, or a fine not to exceed One Thousand Dollars
($1,000.00), or both.
(b) A person convicted of harassment may be sentenced to imprisonment for a
period not to exceed one (1) year, or a fine not to exceed Five Thousand
Dollars ($5,000.00), or both, if such harassment was by reason of, or in a way that
was reasonably related to, associated with, or directed towards that person’s actual
or perceived race, color, religion, national origin, ancestry, gender, marital status,
sexual orientation, or mental, physical or sensory disability of another individual
or group.
(c) Prosecution of a person under this Subsection does not preclude prosecution

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and imposition of penalties for another crime in addition to the penalties imposed
under this Subsection.
71.707 Stalking.

(3) Presumption. In a prosecution for a violation of this section evidence that the defendant
continued to engage in a course of conduct involving repeated unconsented contact with the victim
after having been requested by the victim to discontinue the same or a different form of unconsented
contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable
presumption that the continuation of the course of conduct caused the victim to feel terrorized,
frightened, intimidated, threatened, harassed, or molested.
(4) Offense. A person commits the crime of Stalking if the person engages in a willful
course of conduct involving repeated or continuing harassment of another individual that would cause
a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and
that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or
molested.
(5) Sentence. A person convicted of Stalking may be sentenced to imprisonment for a period
of up to six (6) months, or a Twenty-Five Hundred Dollars ($2,500.00) fine, or both.
71.708 Homicide.

(1) Offense. A person commits the offense of criminal homicide, if:
(a) he intentionally causes the death of another person; or
(b) with the intent to cause bodily injury to a person, or to assault, threaten, menace,
intimidate or endanger any person, he causes the death of that person or any other person; or
(c) acting alone or with one or more persons, he voluntarily commits or
participates in the commission or attempt to commit arson, theft, burglary, kidnapping,
assault or unlawful sexual behavior, and in the course of or in furtherance of the crime that
is being committed or attempted, or in the immediate flight therefrom by anyone, the death
of a person is caused; or

(d) he recklessly or by gross negligence causes the death of another person;
or

(e) under circumstances manifesting indifference to the value of human life, he
intentionally engages in conduct which creates significant risk of injury or death to a person,
and thereby causes the death of another person; or
(f) he operates a motor vehicle in a reckless or grossly negligent manner, or while
intoxicated, or while under the influence or alcohol, drugs or other intoxicant, and such
conduct causes the death of another person.
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(2) A person convicted of criminal homicide may be sentenced to imprisonment for a period
of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000., or both.
71.709 Kidnapping.

(1) Offense. A person commits the offense of kidnapping, if:
(a) he forcibly or otherwise seizes and carries any person from one place to another
without his consent and without legal justification or lawful authority; or
(b) he entices, takes or decoys away any child under the age of eighteen (18) years
not his own, with the intent to keep or conceal the child from the child's parent, guardian or
lawful custodian; or
(c) he intentionally confines, restrains or detains another without the other's
consent; or

(d) he is a natural, adoptive or foster parent of a child under the age of eighteen
(18) years, but knowing or having reasonable cause to know that he has no privilege to do
so, he takes or entices such child from the custody of another parent, guardian or lawful
custodian.
(2) Sentence. A person convicted of kidnapping may be sentenced to imprisonment for a
period of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
71.710 Misuse of Identity.

(1) Offense. A person commits the offense of misuse of identity by:
(a) using or attempting to use the name, address, telephone number, place of
employment, employee identification number or other Personal Information of another
person with intent to defraud or violate the law to obtain credit, goods, services,
money, property, Vital Records, Personal Records, or employment, or to commit
another unlawful act.

(b) using or attempting to use the name, address, telephone number, place of
employment, employee identification number or other Personal Information of another
person by concealing, withholding, or misrepresenting the person’s identity to obtain
credit, goods, services, money, property, Vital Records, Personal Records, or
employment, or to commit another unlawful act.

(c) obtaining, possessing, or attempting to obtain or possess, Personal Information of
another person with the intent to use that information to commit an unlawful act.

(d) selling, transferring, or attempting to sell or transfer, Personal Information of
another person if the person knows or has reason to know that the specific intended
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recipient will use, attempt to use, or further transfer the information to another person
for the purpose of committing an unlawful act.

(e) the unauthorized communication, disclosure or transmitted, electronically or
otherwise, of Personal Information of another person.

(2) Defenses. A person may assert as an affirmative defense to misuse of identity that:
(a) the person acted in otherwise lawful pursuit or enforcement of a person’s legal
rights, including an investigation of a crime or an audit, collection, investigation,
or transfer of a debt, child or spousal support obligation, tax liability, claim,
receivable, account, or interest in a receivable or account.

(b) the action taken was authorized or required by federal, state or tribal law, rule,
regulation, code, or court order or rule, or pursuant to legal discovery or process.

(c) the person acted with the consent of the person whose Personal Information was
used, unless the person giving consent knows that the information will be used to
commit an unlawful act.

(d) the Personal Information is disclosed to or used by a law enforcement agency,
court, or prosecutor as part of a criminal investigation or prosecution, or is
disclosed to or used by a health care provider for purposes of medical treatment and
care.

(e) the Personal Information is used to verify an individual’s identity, identify an
individual, or do another similar administrative purpose related to an
account, transaction, product, service, or employment or proposed account,
transaction, product, service or employment.

(f) The Personal Information is used to provide or administer employee or health
insurance or membership benefits, claims, or retirement programs or to administer
the ownership of shares of stock or their investments, or for other official
governmental, employment, or medical investigatory or administrative purposes.

(3) Sentence. A person convicted of misuse of identity may be sentenced to imprisonment
for a period of one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.), or
both.

(4) Definitions.
(a) “Personal Information” means a number or other information that is used for the
purpose of identifying a specific person or providing access to a person’s financial
accounts, including, but not limited to:

(i)
(ii)

A person’s driver license or other state issued personal
identification card of license number;
All or more than four sequential digits of a social security

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(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)

number;
Employer or taxpayer identification number;
Government passport number;
Health insurance identification number;
Demand deposit, savings account or other financial account
number or the person’s account password;
Stock or other security certificate or account number;
Credit card number;
Vital Records or other Personal Records.

(b) “Vital Records” include, without limitation, a certificate or registration of birth,
death, marriage or divorce, an acknowledgment of parentage, tribal enrollment, or
related data.

(c) “Personal Records” include any item, collection or grouping of information
encompassing any information about a person including, without limitation, medical
and mental health records, financial transaction records, education records,
employment records or history or criminal history that contain the person’s names,
or the identifying number, symbol or other identifying particular assigned to the
person, such as finger or voice print or a photograph, or are otherwise liked to that
person through an identifying particular.
71.711

Assault with Intent to Do Great Bodily Harm.

(1) Offense. A person commits the crime of assault with intent to do great bodily harm if the
person:

(a) Assaults another person with intent to do great bodily harm, less than the crime of
Homicide.

(b) Assaults another person by strangulation or suffocation. Strangulation or
suffocation means intentionally impeding normal breathing or circulation of the blood by
applying pressure on the throat or neck or by blocking the nose or mouth of another person.

(2) This section does not prohibit a person from being charged with, convicted of, or
punished for any other violation of law arising out of the same conduct as the violation of this
section.

(3) Proof of actual injury is not necessary but may be taken into consideration in deciding
whether someone intended to cause great bodily harm.
(4) Sentence. A person convicted of Assault with Intent to do Great Bodily Harm may be
sentenced to imprisonment for a period not to exceed one (1) year or a fine not to exceed Five
Thousand Dollars ($5,000.00), or both.
71.712 Assault with Intent to Commit Criminal Sexual Conduct.

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(1) Offense. A person is guilty of Assault with Intent to Commit Criminal Sexual Conduct
if they commit an assault with the intent to commit any criminal offenses contained in Subchapter18:
Sex Crimes.
(2) Sentence: A person convicted of Assault with Intent to Commit Criminal Sexual
Conduct may be sentenced to imprisonment for a period of up to one (1) year or a fine not to exceed
Five Thousand Dollars ($5,000.00), or both. The offender shall be registered as a sex offender.
71.713 Malicious Use of Telecommunications.
(1) Offense. A person commits the crime of malicious use of telecommunications if he or
she uses any telecommunications service or device to, or with intent to, terrorize, frighten,
intimidate, threaten, harass, molest, or annoy another person, or to disturb the peace and quiet of another
person by any of the following:

(a)
Threatening physical harm or damage to any person or property in the course
of a conversation or message through the use of a telecommunications service or device.
(b)
Falsely and deliberately reporting by message through the use of a
telecommunications service or device that a person has been injured, has suddenly taken
ill, has suffered death, or has been the victim of a crime or an accident.
(c) Deliberately refusing or failing to disengage a connection between a
telecommunications device and another telecommunications device or
between a telecommunications device and other equipment provided for the
transmission of messages through the use of a telecommunications service or
device.

(d) Using vulgar, indecent, obscene, or offensive language or suggesting any lewd or
lascivious act in the course of a conversation or message through the use of a
telecommunications service or device.

(e) Repeatedly initiating a telephone call and, without speaking, deliberately
hanging up or breaking the telephone connection as or after the telephone call
is answered.

(f) Deliberately engaging or causing to engage the use of a telecommunications
service or device of another person in a repetitive manner that causes
interruption in telecommunications service or prevents the person from
utilizing his or her telecommunications service or device.
(2) Sentence. A person convicted of Malicious Use of Telecommunications may be
sentenced to imprisonment for a period of up to six (6) months, or a Five Hundred Dollar ($500.00)
fine, or both. violation of Malicious Use of Telecommunications is a misdemeanor offense
punishable by up to 6 months in custody and up to a $500.00 fine.
71.714 Aggravated Stalking.

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(1) Presumption. In a prosecution for a violation of this section evidence that the defendant
continued to engage in a course of conduct involving repeated unconsented contact with the victim
after having been requested by the victim to discontinue the same or a different form of unconsented
contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable
presumption that the continuation of the course of conduct caused the victim to feel terrorized,
frightened, intimidated, threatened, harassed, or molested.
(2) Offense. A person commits an Aggravated Stalking if the person engages in stalking
behavior and any of the following circumstances exist:
(a) At least one of the actions constituting the offense is in violation of a
personal protection order and the individual has received actual notice of that order.

(b) At least one of the actions constituting the offense is in violation of a condition
of probation, a condition of parole, a condition of pretrial release, or a condition of release
on bond pending appeal.
(c) The course of conduct includes the making of one or more credible threats against
the victim, a member of the victim's family, or another individual living in the same
household as the victim.
(d) The individual has been previously convicted of a violation of Stalking or
Aggravated Stalking.
(3) Sentence. A person convicted of Stalking may be sentenced to imprisonment for a
period of up to one (1) year, or a Five Thousand Dollars ($5,000.00) fine, or both.
71.715 Aggravated Assault on Tribal Justice Personnel.
(1) Offense. A person commits the offense of aggravated assault on law enforcement officer
or tribal justice personnel, if:
(a) he or she intentionally causes serious bodily injury to tribal justice personnel;
(b) he or she intentionally causes bodily injury to tribal personnel with a weapon;
(c) he or she recklessly causes serious bodily injury to tribal justice personnel under
Circumstances manifesting indifference to the value of human life;
(2) Sentence. A person convicted of assault on a tribal justice personnel may be sentenced to
Imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand
Dollars ($5,000.00), or both.
71.716 Threatening to Commit Violence with Firearm, Explosive, or Other Dangerous
Weapon Against Students or Employees on School Property.
(1) Offense. A person who verbally, through the use of an electronic device or system, or
through other means intentionally threatens to use a firearm, explosive, or other dangerous
weapon to commit an act of violence against any students or school employees on school

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grounds or school property if the threat can reasonably interpreted to be harmful or adverse to
human life, or dangerous to human life.
(2) Sentence. Guilty of a misdemeanor punishable by imprisonment for not more that 1 year
or a fine of not more than $1,000.00, or both
(3) This section does not prohibit a person form being charged with, convicted of, or punished
for any other violation of law arising out the same transaction as the violation of this section.
(4) As used in this section:
(a) “Adverse to human life” means that which causes a substantial likelihood of death
or serious injury.
(b) “Dangerous weapon” means a knife, stabbing instrument, brass knuckles,
blackjack, club, or other object specifically designed or customarily carried or
possessed for use as a weapon.
(c) “School” means a public, private, denominational, or parochial school offering
developmental kindergarten, kindergarten, or any grade from 1 through 12.
(d) “School property” means a building, playing field, or property used for school
purposes to impart instruction to children or used for functions and events sponsored
by a school, except a building used primarily for adult education or college extension
courses.
SUBCHAPTER VIII: PROPERTY RELATED OFFENSES
71.801 Arson.

(1) Offense. A person commits the offense of arson, if without legal justification or lawful
authority to do so, he intentionally sets fire to, burns, causes to be burned, or by the use of any
explosive damages or destroys, or causes to be damaged or destroyed, any property of another,
including public property or any unit of government, or in which another has any legally recognized
interest.
(2) Sentence. A person convicted of arson may be sentenced to imprisonment for a period
of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
71.802 Burglary.

(1) Offense. A person commits the offense of burglary, if:
(a) he knowingly enters, breaks into or remains unlawfully in a building, other
structure or motor vehicle belonging to another with the intent to commit therein a crime
against person or property, other than criminal trespass as defined in '71.902; or
(b) he enters or breaks into any vault, safe, cash register, coin vending machine,
product dispenser, money depository, safety deposit box, telephone coin box, vehicle, or
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other apparatus or equipment whether or not coin operated with the intent to take, use, or
steal such object or facility or anything therein.

(2) A person convicted of burglary may be sentenced to imprisonment for a period of up to
one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
71.803 Illegally Receiving Property.

(1) Offense. A person commits the offense of illegally receiving stolen property, if he buys,
receives, conceals, or arranges the sale, transfer, disposal or receipt of any property that he knows or
has reasonable cause to know was obtained by robbery, theft, fraud or deceit, or other unlawful
means.
(2) Sentence. A person convicted of illegally receiving property may be sentenced to
imprisonment for a period of up to six (6) months, or a five not to exceed Five Thousand Dollars
($5,000.00), or both.
71.804 Joyriding.

(1) Offense. A person commits the offense of joyriding, if he drives or takes away any
motor vehicle without the consent of the owner or lawful possessor, or participates with any other
person in such conduct, with the intent of temporarily depriving the owner or rightful possessor of
the use of the same, or of temporarily making use of the motor vehicle.

(2) Sentence.
(a) Except as provided in sub. (b), a person convicted of joyriding may be
sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed
One Thousand Dollars ($1,000.00), or both.

(b) If the vehicle is damaged while the owner or lawful possessor is deprived of its
use, the offender may be sentenced to imprisonment for a period not to exceed six (6)
months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.

(3) Comment. For the purpose of this section, "temporarily depriving" and "temporarily
making use" shall refer to a period of time of not more than twenty-four (24) hours. If the offender
intends to use or deprive the owner or rightful possessor of the use of the motor vehicle, and in fact
the owner or rightful possessor is deprived of the use of the vehicle, for a period in excess of twentyfour (24) hours, it shall be conclusively presumed that the person driving or taking away the motor
vehicle without the consent of the owner or lawful possessor intended to permanently deprive the
owner or lawful possessor of its use and benefit.
71.805 Robbery.

(1) Offense. A person commits the offense of robbery, if he takes anything of value from
the person or presence of another by the use of force, threats, coercion or intimidation.
(2) Sentence.
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(a) A person convicted of robbery may be sentenced to imprisonment for a period
of up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
(b) The Tribal Court may require the offender to compensate the victim for the
value or the stole property in addition to, or in lieu of, the sentence provided in sub. (a).

71.806 Theft.

(1) Offense. A person commits the offense of theft, if he knowingly obtains or exercises
control over anything of value of another without authorization, or by threat or deception, or
knowing said thing of value to have been stolen; and he
(a) intends to deprive such other person permanently of the use or benefit of the
thing of value; or
(b) knowingly uses, conceals or abandons the thing of value in such a manner to
deprive such other person permanently of its use or benefit; or
(c) uses, conceals or abandons the thing of value intending that such use,
concealment or abandonment will deprive such other person permanently of its use and
benefit; or
(d) demands any consideration to which he is not legally entitled as a condition
of restoring the thing of value to such other person; or
(e) having lawfully obtained possession for temporary use of the personal
property of another, deliberately fails to reveal the whereabouts of or to retain said property
to the owner or his representative or the person from whom he has received it, with the intent
to permanently deprive such other person of its use and benefit.
(2) Sentence.
(a) A person convicted of theft may be sentenced to imprisonment for a period of
up to one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(b) The Tribal Court may require the offense to compensate the victim for the
value of the stolen in addition to, or in lieu of, the sentence provided in sub. (a).
71.807 Theft of Services.

(1) Offense. A person commits theft of services, if without lawful authority, that person
obtains services which are available only for compensation with the intent of avoiding payment for
such services.
(2) Sentence.
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(a) A person convicted of theft of services may be sentenced to imprisonment
for a period not to exceed six (6) months or a five not to exceed Five Thousand Dollars
($5,000.00), or both.
(b) The Tribal Court may require the offender to compensate the victim for the
services wrongfully obtained in addition to, or in lieu of, the sentence provided in sub. (a).
71.808 Embezzlement and Theft from a Tribal Organization.

(1) Offense. A person commits the offense of embezzlement and theft from a tribal
organization, if:
(a) he embezzles, steals, knowingly converts to his use or to the use of another,
willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds,
credits, goods, assets, or other property belonging to any tribal organization or entrusted to
the custody or care of any officer, employee, or agent of a tribal organization; or
(b) knowing any such money, funds, credits, goods, assets, or other property to have
been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives,
conceals, or retains the same with intent to convert it to his use or the use of another.
(2) Sentence. A person convicted of embezzlement and theft from a tribal organization
may be sentenced to imprisonment not to exceed more than one (1) year, or a fine not to exceed Five
Thousand Dollars ($5,000.00), or both; but if the value of such property does not exceed the sum
of One Hundred Dollars ($100.00), he may not be sentenced to imprisonment in excess of six (6)
months, or a fine in excess of One Thousand Dollars ($1,000.00) or both.

(3) Comment. For the purposes of this section, "tribal organization" means the Tribe, or
any entity created or owned by the Tribe for economic or governmental purposes,or any entity which
is controlled by the Tribe's Board of Directors. An entity is controlled by the Tribe's Board of
Directors if a majority of the persons serving on the body which governs the entity are chosen by
or required to be members of the Board of Directors.
71.809 Breaking and Entering.

(1) Offense. A person commits the offense of Breaking and Entering if:
(a) He breaks and enters or enters without breaking any:
(i) Dwelling, house, tent, hotel, office, store, shop, warehouse, barn,
granary, factory, or other building, boat ship, railroad car or structure
used or kept for public or private use, or any private apartment therein,
or any cottage, clubhouse, boat house, hunting or fishing lodge, garage
or the out-buildings belonging thereto, any ice shanty with a value of
$100.00 or more, or any other structure.

(b) Without first obtaining permission to enter from the person having immediate
control and/or ownership thereof.

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(2) Comment. For the purpose of this section it does not matter whether or not the
building or other structure listed in subsection (1)(a)(i) is occupied or unoccupied.
(3) Sentence. A person convicted of Breaking and Entering may be sentenced to
imprisonment for a period of up to six (6) months, or a fine not to exceed Five Thousand
Dollars ($5,000.00) or both.
(a) If there building or other structure listed in subsection (1)(a)(i) is damaged in
the process of breaking and entering, the offender may be sentenced to pay
restitution for the damage.

SUBCHAPTER IX: DAMAGE TO PROPERTY
71.901 Abusing Property.

(1) Offense. A person commits the offense of abusing property, if he intentionally,
knowingly or recklessly uses or damages any property not exclusively his own.
(2) Sentence.
(a)

A person convicted of abusing property may be sentenced to imprisonment
for a period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars
($2,000.00), or both.

(b) The Tribal Court may require the offender to compensate the victim for the
repair or replacement costs of the damaged property in addition to, or in lieu of, the sentence
provided in sub. (a).
71.902 Trespass.

(1) Offense. A person commits the offense of trespass if knowingly or having reasonable
cause to know that he is not licensed or privileged to do so, he willfully enters or remains upon or
within any building, structure, or land, or portion thereof after being ordered or notified not to enter or
remain there. Such notice or order may be given by:
(a) written or verbal communication actually given to the intruder; or
(b) written notice posted on or about the property in a manner reasonably likely
to come to the attention of potential intruders; or
(c) by fences, barricades, or other devices manifestly designed to enclose the
property and to exclude potential intruders.
(2) Sentence. A person convicted of criminal trespass may be sentenced to imprisonment
for a period not to exceed three (3) months, or a fine not to exceed One Thousand Dollars
($1,000.00), or both.
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71.903 Desecration.

(1) Offense. A person commits the offense of desecration if he intentionally defaces,
damages, pollutes, or otherwise physically mistreats or destroys in any way any public monument,
public structure or facility, or place of worship or burial, or desecrates in a public place any other object
of veneration or respect by the public or a significant segment of the public.
(2) Sentence. A person convicted of desecration may be sentenced to imprisonment for a
period not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars ($2,000.00),
or both.
71.904 Littering.

(1) Offense. A person commits the offense of littering, if he deposits, throws, dumps,
discards, abandons, or leaves any litter on any public or private property or waters commits the
offense of littering, unless:
(a) such property is an area designated by law for the disposal of such litter and
such person is authorized by the proper public authority to so use such property; or
(b) the litter is placed in a receptacle or container installed on such property for such
use by the public or such person placing litter in it; or
(c) such person is the owner or tenant in lawful possession of such property, or has
first obtained written consent of the owner or tenant in lawful possession, or unless the act
is done under the personal direction of said owner or tenant.
(2) Sentence. A person convicted of littering may be sentenced to imprisonment for a period
not to exceed one (1) month, or a fine not to exceed One Thousand Dollars ($1,000.00), or both
71.905 Illegal Dumping.
(1) Offense. A person commits the offense of illegal dumping, if he/she without the
consent of Tribal Environmental Department:
(a) dump, place, deposit, throw away, or allow a person to dump, place, deposit,
or throw away solid waste or liquid on Tribal land or water other than in sites designated
and set aside for such purposes; or
(b) dispose of or permit the disposal of hazardous waste on Tribal land.
Hazardous waste must be disposed of off-reservation at an Approved Site; or
(c) run a transfer station or sanitary landfill on Tribal land without a permit from
the Environmental Department. The Environmental Program may permit transfer stations,
in its discretion, after considering impacts to the environment and community and
imposing such restrictions and mitigation measures as the Environmental Program deems
necessary to protect the environment and community; or
(d) abandon vehicle(s) or vessel(s) on Tribal land.

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(2) Sentence. A person convicted of Illegal Dumping may be sentenced to imprisonment
for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00),
or both and restitution of costs to return damaged resources to previous condition.
SUBCHAPTER X: FORGERY AND RELATED OFFENSES
71.1001 Forgery.

(1) Offense. A person commits the offense of forgery, if with intent to defraud he falsely
makes, completes, alters, issues, utters, delivers, files, or submits a written instrument or any portion
thereof, for the purpose of obtaining money or other consideration or thing of value, for himself or
any other person.

(2) Sentence. A person convicted of forgery may be sentenced to imprisonment for a period
not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
71.1002 Fraud.

(1) Offense. A person commits the offense of fraud, if he obtains money, property, gain,
advantage, credit, interest or assets from another by intentionally misrepresentation or deceit.
(2) Sentence. A person convicted of fraud may be sentenced to imprisonment for a period
not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
71.1003 Passing Bad Checks.

(1) Offense. A person commits the offense of passing bad checks, if he makes, utters,
issues, delivers or passes a written order to pay a sum of money, drawn on a bank, payable on
demand or at a time certain, and signed by the drawer, when the person so acting knows or has
reasonable cause to know at that time the order will not be paid or honored by the drawee because of
insufficient funds or lack of an account of the drawer deposited or on account with the drawee.

(2) Sentence. A person convicted of passing bad checks may be sentenced to
imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars
($5,000.00), or both.
71.1004 Bribery in Sports.

(1) Offense. A person commits the offense of bribery in sports, if:
(a) he offers, confers, bestows or agrees to confer or bestow any benefit upon or
threatens any detriment to a participant or official in a sports contest or event, directed
either to that person or such other person as may be designated or agreed to by that person,
with the intent to influence that person not to give his best efforts as a participant or with
intent to influence him to perform his duties as an official improperly; or
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(b) being a sports participant or official in a sports contest he accepts, agrees to
accept, or solicits any benefit, directed to himself or such other person as may be designated
or agreed to by him, from another person upon an understanding that he will thereby be
influenced not to give his best and honest efforts as a participant or official in a sports
contest.
(2) Sentence. A person convicted of bribery in sports may be sentenced to imprisonment
for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.
71.1005 Private Bribery.

(1) Offense. A person commits the offense of public bribery, if:
(a) he offers, confers, bestows, or agrees to confer or bestow any personal or
pecuniary benefit, gain privilege or advantage upon any other person, or upon any third
person designated or agreed to by that other person, as consideration for that other person
violating or agreeing to violate a duty to which he is subject as:
(i) agent or employee; or
(ii) trustee, guardian or other fiduciary; or
(iii) lawyer, physician, accountant, appraiser or other professional
advisor; or

(iv) officer, director, partner, manager, or other participant in the affairs
of an incorporated or unincorporated firm, enterprise, company or association; or
(v) duly elected or appointed representative or trustee of a labor
organization or trust fund; or
(vi) arbitrator or other purportedly disinterested adjudicator or referee.
(b) he is a person owing a duty in a capacity set forth in sub. (a) and while in that
status he solicits, accepts, or agrees to accept any personal or pecuniary benefit, gain,
privilege or advantage directed to himself or another person designated or agreed to by him,
upon an agreement or understanding that he will violate or agree to violate his said duty.
(2) Sentence. A person convicted of private bribery may be sentenced to imprisonment
for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.
71.1006 Public Bribery.

(1) Offense. A person commits the offense of public bribery, if:
(a) he offers, confers, bestows or agrees to confer or bestow any personal or
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pecuniary benefit, gain, privilege or advantage upon a public servant, or another person
designated or agreed to be the public servant, with the intent to improperly influence the
public servant's vote, opinion, judgment, exercise of discretion, or other action or inaction in
his official capacity; or

(b) while serving as a public servant, he solicits, accepts, or agrees to accept any
personal or pecuniary benefit, gain, privilege or advantage directed at himself or another
person designated or agreed to by the public servant, upon an agreement or understanding
that the vote, opinion, judgment, exercise of discretion, or other action or inaction by him as
a public servant will be influenced thereby.
(2) Sentence. A person convicted of public bribery may be sentenced to imprisonment
for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.
SUBCHAPTER XI:
OBSTRUCTION OF TRIBAL ADMINISTRATION AND
RELATED OFFENSES
71.1101 Abuse of Office.

(1) Offense. A person commits the offense of abuse of office, if he intentionally acts or
purports to act in an official capacity, including willful failure to act, so as to obtain any personal or
pecuniary benefit, gain, advantage, or privilege to which he is not entitled in or by the performance
of his official duties.
(2) Sentence. A person convicted of abuse of office may be sentenced to imprisonment
for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.
71.1102 Improper Influence of a Tribal Official.

(1) Offense. A person commits the offense of improper influence of a tribal official, if he
threatens harm or injury to any tribal official with the intent of influencing such person’s official
actions.
(2) Sentence. A person convicted of improper influence of a tribal official may be
sentenced to imprisonment not to exceed three (3) months, or a fine not to exceed Five Thousand
Dollars ($5,000.00), or both.
(3) Comment. As used in this section, "tribal official" means an elected official of the Tribe
or a tribal judge, appointee or employee, or a hearing officer or member of a hearing board
established under Article VI, Section 4 of the Tribal Constitution.
71.1103 Election Fraud.

(1) Offense. A person commits the offense of election fraud, if the person:
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(a) gives or offers to give anything of value to another person to induce that
person to vote, or to refrain from voting, for any candidate, signing a nominating petition,
or registering to vote; or
(b) acts to compromise the integrity of the election, or attempts to do so by
falsifying any document, including documents filed with the Tribal Election Committee or
Board of Directors; or

(c) compromises the security of the ballots and other election documents; or
(d) discharges or threatens to discharge a tribal employee for the purpose of
influencing the employees vote or signature on a nominating petition; or
(e) votes, or attempts to vote, more than once in the same election; or
(f) opens, marks, alters, or destroys any ballot sent to another person; or
(g) interfered with the mailing or election materials; or
(h) he alters, defaces or destroys any election documents, including candidate signs
or literature; or
(i) files a false report required by Tribal Code '10.112.
(2) Sentence. A person convicted of election fraud may be sentenced to imprisonment
not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
71.1104 Malicious Criminal Prosecution.

(1) Offense. A person commits the offense of malicious criminal prosecution, if he
maliciously causes or attempts to cause a criminal charge to be prosecuted against an innocent
person, knowing such person to be innocent.
(2) Sentence. A person convicted of malicious criminal prosecution may be sentenced
to imprisonment not to exceed three (3) months, or a fine not to exceed Two Thousand Dollars
($2,000.00), or both.
71.1105 Obstruction of Justice.

(1) A person commits the offense of obstruction of justice, if he knowingly uses
intimidation or physical force, threatens, corruptly persuades or attempts to do so, or engages in
misleading conduct toward another person, with intent to:
(a) influence the testimony of any person in an official proceedings; or
(b) cause or induce any person to:
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(i) withhold testimony, or withhold a record, document or other object,
from an official proceeding; or
(ii) alter, destroy, mutilate, or conceal an object with intent to impair the
object's integrity or availability for use in an official proceeding; or

(iii) evade legal process summoning that person to appear as a witness,
or to produce a record, document or other object, in an official proceeding; or
(iv) be absent from an official proceeding to which such person has been
summoned by legal process; or
(c) hinder, delay or prevent the communication to a law enforcement officer or judge of
information relating to the commission or possible commission of a tribal or federal offense or a
violation of conditions of probation, parole or release pending judicial proceedings.
(2) A tribal law enforcement officer commits the offense of obstruction of justice if he or
she:

(a) commits any of the acts set forth in sub. (10); or
(b) without official reason for doing so, obstructs, impedes, hinders, or interferes
with any investigation or other official activity of the tribal public safety department, or of
another law enforcement agency acting lawfully with respect to a matter arising within the
Tribe's jurisdiction as provided in Subchapter III.
(3) Sentence. A person convicted of obstruction of justice may be sentenced to
imprisonment for a period of up to one (1) year, or a fine not to exceed Five Thousand Dollars
($5,000.00), or both.
71.1106 Obstructing Performance of Police Duties.

(1) Offense. A person commits the offense of obstructing the performance of police duties,
if he willfully prevents or attempts to prevent a police officer or other duly authorized law enforcement
officer from affecting an arrest or otherwise discharging the duties of his office by any of the
following:

(a) creating or appearing to create a risk of bodily harm to the officer or any other
person; or

(b) employing means or threatening to employ means which would justify or
require force on the part of the officer to overcome them; or
(c) escaping, attempting to escape, or assisting or attempting to assist another to
escape from custody of the officer.

(2) Sentence. A person convicted of obstructing police duties may be sentenced to
imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars
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($5,000.00), or both.
71.1107 Refusing, Omitting and Delaying to Arrest.

(1) Offense. Tribal law enforcement officers commit the offense of refusing, omitting
and delaying to arrest, if any officer authorized to serve process, who shall willfully and corruptly refuse
to execute any lawful process to him directed, and requiring him to apprehend or confine any person
convicted or charged with an offense, or who shall willfully and corruptly omit or delay to execute
such process, whereby such person shall escape and go at large.
(2) Sentence. A person convicted of refusing, omitting and delaying to arrest may be
sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to
exceed Five Thousand Dollars ($5,000.00), or both.
71.1108 Concealing or Harboring One Who has Escaped.

(1) Offense. A person commits the offense of concealing or harboring one who has escaped,
if he knowingly or willfully conceals or harbors for purpose of concealment, any person mentioned
in this Chapter, who has escaped or is escaping from lawful custody.
(2) Sentence. A person convicted of concealing or harboring one who has escaped may be
sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five
Thousand Dollars ($5,000.00), or both.
71.1109 Filing Fictitious Reports.

(1) Offense. A person commits the offense of filing fictitious report, if he willfully and
knowingly makes to any tribal law enforcement officer a fictitious report of the commission of any
crime knowing the same to be false

(2) Sentence. A person convicted of filing fictitious report may be sentenced to
imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand
Dollars ($5,000.00), or both.
71.1110 Preventing the Use of a Telephone in an Emergency.

(1) Offense. A person commits the offense of Preventing the Use of a Telephone in an
Emergency if he engages in any of the following conduct:
(a)

knowingly refuses to yield or surrender the use of a telephone line to
another person to report a fire or summon police or medical or other aid in case of
emergency; or

(b)

intentionally prevents or interferes with the use of a telephone by
another person in an emergency situation.

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(2) Sentence. A person convicted of Preventing the Use of a Telephone in an Emergency
may be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed
Two Thousand Dollars ($2,000.00), or both.
71.1111 Prohibited Use of Emergency 9-1-1 Service.
(1) Offense. A person shall not use an emergency 9-1-1 service authorized by this act for
any reason other than to call for an emergency response service from a primary public safety
answering point.
(2) Sentence. A person convicted of Prohibited use of emergency 9-1-1 service may be
sentenced to a jail term not to exceed three (3) months, or a fine not to exceed One Thousand
Dollars ($1,000.00), or both.
SUBCHAPTER XII: RIOT AND RELATED OFFENSES
71.1201 Causing or Maintaining a Public Nuisance.

(1) Offense. A person commits the offense of causing or maintaining a public nuisance,
if he uses, permits to be used or allows to be in such condition any real or personal property under his
control so as to damage, injure or endanger the health, safety or property of another person or the
public.

(2) Sentence.
(a) A person convicted of causing or maintaining a public nuisance may be
sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed
One Thousand Dollars ($1,000.00), or both.
(b) In addition to, or in lieu of, the sentence provided in sub. (a), the court may
order the person to abate or eliminate the nuisance. Such an order to abate or eliminate the
nuisance shall include the identification of the nuisance and the period of time in which it
must be abated or eliminated.
71.1202 Disorderly Conduct.

(1) Offense. A person commits the offense of disorderly conduct, if the person
intentionally, knowingly or recklessly:
(a) uses abusive, indecent, profane, or vulgar language in a public or private place
which by its very utterance tends to incite violence, unlawful conduct, or a breach of the
peace by others; or
(b) makes an offensive gesture or display in a public or private place which by its
very nature tends to incite violence, unlawful conduct, or a breach of the peace by others; or
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(c) abuses or threatens a person in a public or private place in a manner calculated
to place the threatened person in fear of bodily harm; or
(d) makes unreasonable noise in a public place, or on or near private property that he
has no right to occupy; or

(e) fights with another in a public or private place; or
(f) displays a deadly weapon in a public or private place in a manner calculated
to alarm; or

(g) discharges a firearm in a public or private place; or
(h) disrupts any lawful public or religious meeting or assembly; or
(i) lies or sleeps on any public street, alley or private property that he has no right to
occupy; or

(j) urinates or defecates in any public place, except where an approved sanitary
facility is provided, or in public view; or
(k) obstructs any highway or other public passage, whether alone or with others;
or

(l) refuses to obey a reasonable request issued by a person the actor knows to be or
is informed is a law enforcement officer, a fireman, or a person with authority to control the
use of the premises in order to prevent obstruction of a highway or other public passage or
in order to maintain public safety by dispersing those gathered in dangerous proximity to
a fire or other hazard; or
(m) possesses any alcohol or illegal drug while inside an area posted as a drug
and alcohol-free area.
(2) Sentence. A person convicted of disorderly conduct may be sentenced to
imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two Thousand
Dollars ($2,000.00), or both.
(3)

Comment.

(a) As used in subsections 1(k) and 1(l), “obstructs” means render impassable
without unreasonable inconvenience or hazard.

(b) No person shall be deemed guilty of an offense under subsection 1(k) solely
because of a gathering of persons to hear him speak or otherwise communicate, or solely
because of being a member of such a gathering.
(c) For purposes of subsection 1(l), an order to move, addressed to a person whose
speech or other lawful behavior attracts an obstructing audience, shall not be deemed
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reasonable if the obstruction can be readily remedied by police control of the size or location
of the gathering.
71.1203 Riot.

(1) Offense. A person commits the offense of rioting, if he engages in a riot.
(2) Sentence. A person convicted of riot may be sentenced to imprisonment for a period
not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.

71.1204 Inciting a Riot.

(1) Offense. A person commits the offense of inciting a riot, if the person:
(a) incites or urges a person to participate or engage in a current or potential
riot; or

(b) gives commands, instructions, or signals to other persons in furtherance of a
riot; or

(c) knowingly supplies a weapon or destructive device for use in a riot; or
(d) teaches another to prepare or use a weapon or destructive device with intent
that it be used in a riot.
(2) Sentence. A person convicted of inciting a riot may be sentenced to imprisonment
for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.
71.1205 Disobedience of Public Safety Orders Under Riot Conditions.

(1) Offense. A person commits the offense of disobedience of a public safety order under
riot conditions, if during a riot, or when one is impending, he intentionally disobeys a reasonable
public safety order to move, disperse, or refrain from specified activities in the immediate vicinity
of the riot.
(2) Sentence. A person convicted of disobedience of a public safety order during riot
conditions may be sentenced to imprisonment for a period not to exceed one (1) month, or a fine not
to exceed One Thousand Dollars ($1,000.00), or both.
71.1206 Obstructing Highway or Other Passageway.

(1) Offense. A person commits the offense of obstructing a highway or other
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passageway, if he intentionally, knowingly or recklessly:

(a) obstructs a highway, street, sidewalk, railway, waterway, building entrance,
elevator, aisle, stairway or hallway to which the public or a substantial group of the public
has access; or any other place used for the passage of persons, vehicles, or conveyances,
whether the obstruction arises from his acts alone or from his acts and the acts of others; or
(b) disobeys a reasonable request or order to move issued by a police officer,
fireman, or a person with authority to control the use of the premises, to prevent obstruction
of a highway or passageway, or to maintain public safety by disturbing those gathered in
dangerous proximity to a fire, riot or other hazard.
(2) Sentence. A person convicted of obstructing a highway or other passageway may be
sentenced to imprisonment for a period not to exceed one (1) month, or a fine not to exceed One
Thousand Dollars ($1,000.00), or both.
71.1207 Transmitting False Alarms.

(1) Offense. A person commits the offense of transmitting false alarms, if he knowingly
transmits or causes to be transmitted a false message, report or signal of fire or other emergency to
or within any organization dealing with emergencies involving danger to life or property.
(2) Sentence.
(a) Except as provided in sub. (b), a person convicted of transmitting a false alarm
may be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to
exceed One Thousand Dollars ($1,000.00), or both.
(b) If the false alarm results directly or indirectly in injury to person or property,
the person guilty of the offense may be sentenced to imprisonment for a person not to
exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.
71.1208 Trespass or Interference in Public Buildings.

(1) Offense.
(a) A person commits the offense of trespass or interference in public buildings,
if he so conducts himself at or in any public building or facility owned or controlled by the
Tribe or any other governmental entity, so as to willfully deny to any public official, public
employee, or member of the public the lawful rights of such person to enter, to use the
facilities of, or to leave any such public building or facility.
(b) It shall also be an offense under this section for any person:
(i) at or in any such public building or facility to willfully impede any
public official or employee in the lawful performance of duties or activities through
the use of restraint, abduction, coercion, intimidation, or by force and violence or
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threat thereof; or

(ii) to willfully refuse or fail to leave any such public building or facility
upon being requested to do so by the chief administrative officer, or his designee,
charged with maintaining order in such public building or facility, of such person
has committed, is committing, threatens to commit, or incites others to commit any
act which does, or would if completed, disrupt, impair, interfere with, or obstruct the
lawful missions, processes, procedures, or functions being carried on in such
building or facility; or
(iii) at any meeting or session conducted by any judicial, legislative, or
administrative body or official at, or in, any public building or facility, to willfully
impede, disrupt, or hinder the normal proceedings of such meeting or session by any
act of intrusion into the chamber or other areas designated for the use of the body or
official conducting such meeting or session, or to commit any act designated to
intimidate, coerce, or hinder any member of such body or official engaged in the
performance of duties at such meeting or session.
(2) Sentence. A person convicted of trespass or interference in public buildings may be
sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed Two
Thousand Dollars ($2,000.00), or both.
71.1209 Soliciting Without a License.

(1) Offense. A person commits the offense of soliciting without a license, if he begs or
solicits gifts or donations of money or property door to door or by telephone, or on the streets,
sidewalks or other public places, without a license issued by the Tribal Board of Directors, or its
duly authorized agency or representative.
(2) Sentence. A person convicted of soliciting without a license may be sentenced to
imprisonment for a period not to exceed one (1) month, or a fine not to exceed One Thousand
Dollars ($1,000.00), or both.
SUBCHAPTER XIII: WEAPONS AND RELATED OFFENSES
71.1301 Carrying a Concealed Weapon.

(1) Offense. A person commits the offense of carrying a concealed weapon, if he
knowingly carries concealed on or about his person a dangerous weapon unless he is lawfully
authorized to carry such weapon.

(2) Sentence. A person convicted of carrying a concealed weapon may be sentenced to
imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars
($5,000.00), or both.

(3) Comment. It shall be an affirmative defense that the accused was in his own dwelling,
or place of business, owned or operated by him, or on property owned or under his control at the time
of the act of carrying.

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71.1302 Unlawful Use of a Weapon.

(1) Offense. A person commits the offense of unlawful use of a weapon, if:
(a) he discharges a firearm in the proximity of a building or vehicle so as to
knowingly or recklessly endanger a person or property; or
(b) he carries a firearm while intoxicated; or
(c) he handles or uses a firearm or other weapon so as to knowingly or
recklessly endanger the safety or another; or

(d) carries a firearm or other weapon with unlawful intent.
(2) Sentence. A person convicted of unlawful use of a weapon may be sentenced to
imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars
($5,000.00), or both.
71.1303 Dangerous Use of Explosives.

(1) Offense. A person commits the offense of dangerous use of explosives, if with the intent
to injure, intimidate or terrify another, or to damage another's property, he maliciously explodes,
attempts to explode or places any explosive anywhere within the territorial jurisdiction of the Tribe.
(2) Sentence.
(a) A person convicted of dangerous use of explosives may be sentenced to
imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand
Dollars ($5,000.00), or both.
(b) In addition to, or in lieu of, the punishment provided in sub. (a), the Tribal Court
may order the offender to pay to the injured party the costs of any property damaged by his
actions.

71.1304 Negligent Use of Explosives.

(1) Offense. A person commits the offense of negligent use of explosives, if he
negligently explodes, attempts to explode or places any explosive in such a manner as to result in
injury to another or to the property of another, or by such action that increases the probability to
such injury.
(2) Sentence.
(a) A person convicted of negligent use of explosives may be sentenced to
imprisonment for a period not to exceed six (6) months, or a fine not to exceed Five
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Thousand Dollars ($5,000.00), or both.

(b) In addition to, in lieu of, the punishment provided in sub. (a), the Court may
order the offender to pay to the injured party the costs of any property damaged by his
actions.
SUBCHAPTER XIV: OFFENSES AGAINST THE FAMILY
71.1401 Bigamy.

(1) Offense. A person commits the offense of bigamy, if knowing or having reasonable
cause to know that he is then married, he marries another person, or he marries another person
knowing or having reasonable cause to know that such person is then married to a third person.
(2) Sentence. A person convicted of bigamy may be sentenced to imprisonment for a period
not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.
71.1402 Child Abuse.

(1) Offense. A person commits the offense of child abuse, if he knowingly, intentionally,
or negligently, and without justification, causes or permits a person under the age of eighteen (18)
years to be:
(a) placed in a situation that may endanger its life or health; or
(b) exposed to the inclemency of the weather; or
(c) abandoned, tortured, cruelly confined or cruelly punished; or
(d) deprived of necessary food, clothing or shelter.
(e) Subjected to or threatened with any violence or apprehension of bodily injury.
(2) Sentence. A person convicted of child abuse may be sentenced to imprisonment for a
period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or
both.
71.1403 Incest.

(1) Offense. A person commits the offense of incest, if he knowingly marries or has sexual
intercourse with an ancestor or descendant, a brother or sister or the whole or half blood, or an
uncle, aunt, nephew, or niece of the whole blood.

(2) Sentence. A person convicted of incest may be sentenced to imprisonment for a period
of not to exceed six (6) months, or a fine not to exceed Two Thousand Dollars ($2,000.00), or both.
71.1404 Domestic Battery or Assault.

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(1)

Domestic Violence means any act described in subsection 3, if committed by:
(a) a current or former spouse or intimate partner of the victim.

(b) a person with whom the victim shares a child in common.
(c) a person by whom the victim is pregnant.
(d) A person who is cohabitating with or who has cohabitated with the victim as a
spouse o intimate partner; or

(2)

(e) A person similarly situated to a spouse of the victim.
“Partner” means spouses, former spouses, persons who have a child in common, and
persons who have been or are currently in a dating or ongoing intimate relationship.

(3)

Offense. A Person commits the offense of Domestic Battery or Assault if he or she:

(a) Attempts to cause, threatens, or causes physical, substantial emotional, or mental
harm a partner..
(b)

Places a partner in fear of physical harm to him or herself or another family or
household member. This fear may be produced by behavior which induces fear in the victim,
including, but not limited to, harassment, stalking, destruction of property, or physical harm
or threat of harm to household pets.

(c) Causing a partner to engage involuntarily in sexual activity, which includes, but
not limited to, through coercion, intoxication, force, however slight (which includes the
element of surprise or overcoming victim by size), threat of force, or duress.
(4) Sentence. A person convicted of Domestic Battery or Assault may be sentenced to
imprisonment for a period of up to one (1) year or a fine not to exceed Five Thousand Dollars
($5,000.00), or both.
71.1405 Contribute to Delinquency of a Minor.
A person commits the offense of contributing to the delinquency of a minor if he knowingly
causes, encourages or assists a person under the age of eighteen (18) years to be a child offender, as
defined in Tribal Code Chapter 36: Juvenile Code, and particularly '36.324.
71.1406 Custodial Interference.
(1) Offense. A person commits the crime of Custodial Interference if, knowing or having
reason to know that he has no legal right to do so, he takes, entices, or keeps a person from his lawful
custodian with intent to hold him permanently or for a protracted period or in violation of a lawful
custody or visitation order.
(1)

It is a complete defense under this section if a parent proves that his or her actions

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were taken for the purpose of protecting the child from an immediate and actual threat of physical
or mental harm, abuse, or neglect.
(3) Sentence. A person convicted of Custodial Interference may be sentenced to a period
of imprisonment of up to one (1) year or a fine not to exceed One Thousand Dollars ($1,000.00), or
both.
SUBCHAPTER XV: ALCOHOL RELATED OFFENSES
71.1501 Delivery of Liquor to a Minor.

(1) Offense. A person commits the offense of delivery of liquor to a minor, if he sells,
furnishes, procures for, or knowingly assists in the furnishing of any beer, wine, or intoxicating
liquor to any person under the age of twenty-one (21) years.
(2) Sentence. A person convicted of delivery of liquor to a minor may be sentenced to
imprisonment for a period not to exceed six (6) months, or a fine not to exceed Two Thousand
Dollar

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asault_ste_marie%3Afe6330dc0f8cd1f4. Public record. Not legal advice.