WINNEBAGO TRIBAL CODE (2026)

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WINNEBAGO TRIBAL CODE

TITLE 3

CRIMINAL CODE

(As redesignated June 1, 1989)

SUMMARY OF CONTENTS

SECTION

ARTICLE-PAGE

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

iii

3. ARTICLE 1: GENERAL PROVISIONS

1-1

4. ARTICLE 2: PRINCIPLES OF CRIMINAL RESPONSIBILITY

2-1

5. ARTICLE 3: CRIMES AGAINST PROPERTY

3-1

6. ARTICLE 4: CRIMES AGAINST THE PERSON

4-1

7. ARTICLE 5: INCHOATE CRIMES

5-1

8. ARTICLE 6: CRIMES AGAINST PUBLIC JUSTICE

6-1

9. ARTICLE 7: CRIMES AGAINST PUBLIC HEALTH, SAFETY AND

WELFARE

7-1

10. ARTICLE 8: CONTROLLED SUBSTANCES ACT

8-1

11. ARTICLE 9: RESERVED

9-1

12. ARTICLE 10: RESERVED

10-1

13. ARTICLE 11: RESERVED

11-1

14. ARTICLE 12: ADULT AND ELDERLY PROTECTIVE SERVICES

ACT

12-1

15. ARTICLE 13: [REPEALED]

13-1

16. ARTICLE 14: WINNEBAGO LAW ENFORCEMENT CODE

14-1

17. ARTICLE 15: CRIMINAL TRAFFIC OFFENSES

15-1

18. ARTICLE 16: WINNEBAGO PUBLIC SAFETY COMMMISSION

CODE

16-1

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

TABLE OF REVISIONS

The following table is included in this title as a guide for determining whether each article properly

reflects the current version. This table will be updated with the revision of each article.

Through usage and supplementation, pages in bound titles can be inserted and removed when

sections are revised on an article-by-article basis. This table should be placed before the Table of Contents

in the title.

The “Article” column lists each article, and the “Section” column lists any corresponding sections

that have been revised, in sequence. The “Revised Date” column reflects the effective date of the revision

(e.g., “6/20/15”). If an article is not listed in the table, it has not been revised since the December 2015

Winnebago Tribal Code update and distribution.

Article

Section

Revised Date

3-827, 3-828

May 17, 2023

3-602

Adopt entire article

Adopt revised article

Adopt entire article

Adopting 3-713

Adopting 3-830 to 3-838

Amending 3-736 to 3-739

Amending 3-321

May 21, 2025

May 3, 2024

July 15, 2025

December 12, 2025

April 20, 2026

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

CRIMINAL CODE

(As redesignated June 1, 1989)

ARTICLE 1

GENERAL PROVISIONS

3-101

3-102

3-103

3-104

3-105

3-106

3-107

3-108

Name and citation.

Effective date.

Purpose and construction.

No affect on civil liability.

Exclusiveness of offenses.

Severability.

Terms, defined.

Prosecution for multiple offenses.

3-109

3-110

3-111

3-112

3-113

3-114

3-115

Limitation.

Separate trials.

Lesser included offenses.

Double jeopardy.

Burden and presumption of innocence.

Negating defenses.

Presumptions of fact.

TITLE 3

ARTICLE 2

PRINCIPLES OF CRIMINAL RESPONSIBILITY

3-201 Acts and omissions to act.

3-202 Culpability; general requirements.

3-203 Causal relationship between conduct and

result.

3-204 Ignorance or mistake of fact.

3-205 Liability for conduct of another.

3-206 Corporation and unincorporated

associations.

3-207 Intoxication.

3-208 Duress.

3-209 Consent.

3-210 Entrapment.

3-211 Mental disease or defect.

3-212 Justification; terms defined.

3-213 Justification; choice of evils.

3-214

3-215

3-216

3-217

3-218

3-219

Public duty; execution.

Use of force; self-protection.

Use of force; protection of others persons.

Use of force; protection of property.

Use of force; law enforcement.

Use of force by person with special

responsibility for care, discipline or safety

of others.

3-220 Mistake of law; reckless or negligent use

of force.

3-221 Justification in property crimes.

3-222 Justification an affirmative defense; civil

remedies unaffected.

iii

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WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 3

CRIMES AGAINST PROPERTY

3-301

3-302

3-303

3-304

3-305

3-306

3-307

3-308

3-309

3-310

3-311

3-312

3-313

3-314

3-315

3-316

3-317

3-318

3-319

3-320

3-321

3-322

3-323

3-324

3-325

3-326

3-327

Building defined.

Arson, first degree; penalty.

Arson, second degree; penalty.

Arson, third degree; penalty.

Burning to defraud insurer; penalty.

Burglary; penalty.

Possession of burglary tools; penalty.

Breaking and entering; penalty.

Theft; terms defined.

Consolidation of theft offenses.

Theft by unlawful taking or disposition.

Theft by shoplifting; penalty.

Theft by deception.

Theft by extortion.

Theft of property lost, mislaid, delivered by

mistake; penalty.

Theft of services; penalty.

Unauthorized use of a propelled vehicle;

affirmative defense; penalty.

Theft by receiving stolen property.

Grading of theft offenses.

Criminal mischief; penalty.

Criminal trespass; penalty.

Repealed.

Criminal trespass, affirmative defenses.

Littering of public and private property;

penalty.

Forgery; terms defined.

Forgery, first degree; penalty.

Forgery, second degree; forgery penalties.

3-328 Criminal

possession of a

forged

instrument; penalty.

3-329 Criminal possession of forgery devices;

penalty.

3-330 Criminal simulation; penalty.

3-331 Criminal impersonation; penalty.

3-332 Issuing a bad check; penalty.

3-333 False statement or book entry; destruction

secretion of records;

penalty;

organization defined.

3-334 Commercial bribery and breach of duty to

act disinterestedly; penalty.

3-335 Fraudulent use of credit card; penalty.

3-336 Deceptive business practices; penalty.

3-337 Defrauding creditors; penalty.

3-338 Securing execution of documents by

deception; penalty.

3-339 Criminal usury; penalty.

3-340 Unlawful dealing with property by a

fiduciary; penalty.

3-341 Making a false credit report; penalty.

3-342 Computers; terms defined.

3-343 Depriving or obtaining property or

services; penalty.

3-344 Unlawful acts; harming or disrupting

operations; penalties.

3-345 Unlawful acts; obtaining confidential

public information; penalties.

3-346 Unlawful acts; access without

authorization; exceeding

authorization; penalties.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 4

CRIMES AGAINST THE PERSON

3-401 Compounding a criminal offense, defined;

penalty.

3-402 Homicide; terms defined.

3-403 Murder in the first degree; penalty.

3-404 Murder in the second degree; penalty.

3-405 Manslaughter; penalty.

3-406 Motor vehicle homicide; penalty.

3-407 Assisting suicide, defined; penalty.

3-408 Assault in the first degree; penalty.

3-409 Assault in the second degree; penalty.

3-409.5 Simple assault; penalty.

3-410 Terroristic threats; penalty.

3-411 Restrain, abduct; defined.

3-412 Kidnapping; penalty.

3-413 False imprisonment in the first degree;

penalty.

3-414 False imprisonment in the second degree;

penalty.

3-415

Violation of custody; penalties.

3-416 Sexual assault; legislative intent.

3-417 Sexual assault; terms defined.

3-418 Sexual assault; first degree; penalty.

3-419 Sexual assault; second degree; penalty.

3-420 Sexual assault; in camera hearing.

3-421 Sexual assault; evidence of past sexual

behavior; when admissible; procedure.

3-422 Sexual assault; evidence against another

person; when admissible.

3-423 Confined person; offenses against

another person; penalty; sentence.

3-424 Robbery; penalty.

3-425 Stalking.

3-426 Strangling.

3-427 Suffocating.

3-428 Domestic Violence.

3-429 Family Violence.

3-430 Crime involving domestic or

family violence

TITLE 3

ARTICLE 5

INCHOATE CRIMES

3-501 Criminal attempt; conduct; penalty.

3-502 Conspiracy, defined; penalty.

3-503 Conspiracy; renunciation of criminal

intent.

3-504

3-505

3-506

Accessory to crime; defined; penalty.

Aiding consummation of crime; penalty.

Prosecuting for aiding and abetting.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

3-601

3-602

3-603

3-604

3-605

3-606

3-607

3-608

3-609

3-610

3-611

3-612

3-613

3-614

3-615

3-616

3-617

3-618

3-619

TITLE 3

ARTICLE 6

CRIMES AGAINST PUBLIC JUSTICE

Obstructing government operations;

3-620 Bribery of a juror; penalty; juror receiving

penalty.

bribe; penalty.

Physical injury related to criminal offense; 3-621 Tampering with witnesses, informants, or

report by health care provider; sexual

jurors; penalty.

assault; duties of health care provider; law

3-622 Jury tampering; penalty.

enforcement agency; duties; violation;

penalty.

Refusing to aid a peace officer; penalty.

3-623 Tampering with physical evidence;

Resisting arrest; penalty; affirmative

penalty; physical evidence, defined.

defense.

3-624 Simulating legal process; penalty.

Consumption of liquor on public property,

3-625 Employee; penalized due to jury service;

public roads, streets, alleys, forbidden;

prohibited; penalty.

penalty.

3-626 Impersonating a peace officer.

Obstructing a peace officer; penalty.

3-627 Impersonating a public servant.

False reporting; penalty.

3-628 Official misconduct; penalty.

Interfering with a fireman on official duty;

3-629 Oppression under color of office; penalty.

penalty; fireman, defined.

3-630 Misusing public money.

Abuse of public record; penalty; public

3-631 Improper influence in official matters.

record, defined.

3-632 Retaliation for past official action.

Escape; official detention, defined;

3-633 Improper gifts to public servants.

knowingly permitting escape; penalty;

3-634 Special influence.

3-635 Doing business without a license.

defense to prosecution.

Providing contraband; penalty.

3-636 Tampering with public property.

Loitering about jail; penalty.

3-637 Injuring public property.

Assault on an officer in the first degree;

3-638 Bail jumping.

penalty.

3-639 Failure to obey a lawful order of the Court.

Assault on an officer in the second degree;

3-640 Repealed.

3-641 Neglecting to serve a warrant; penalty;

penalty.

Repealed.

forfeiture of office.

Perjury; subornation of perjury; penalty.

3-642 Mutilating a flag; penalty; flag, defined.

Juror, testimony and official proceedings;

3-643 Illegal solicitation.

defined.

3-644 Repealed.

Bribery; penalty.

3-645 Failure to appear; penalty.

Bribery of a witness; penalty; witness

3-646 Sell or exchange of property for promise to

receiving bribe; penalty.

vote prohibited.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 7

CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE

(As revised December 12, 2025)

3-701 Bigamy; penalty; exception.

3-702 Incestuous marriages; declared void.

3-703 Incest; penalty.

3-704 Child abuse; penalty.

3-705 [REPEALED by TCR 15-133]

3-706 [REPEALED by TCR 15-133]

3-706.1 [REPEALED by TCR 15-133]

3-707 [REPEALED by TCR 15-133]

3-708 [REPEALED by TCR 15-133]

3-709 Privileged communication; patient and

physician; husband and wife; not ground for

excluding evidence.

3-710 Abandonment of spouse, child or

dependent stepchild; child, defined.

3-711 Criminal nonsupport; penalty; exception.

3-712 Protective custody; penalty.

3-713 Failure to send child to school and aaa

educational neglect of a minor; truancy;

penalties.

3-714 Curfew; penalty.

3-715 Contributing to the delinquency of a child;

definitions; procuring alcohol for a minor;

penalty.

3-716 Minor in possession; penalty.

3-717 Tobacco; minor in possession; sale to

minors; smoking in tribal building

prohibited; penalties; exemption.

3-718 Trafficking in children; penalty.

3-719 Welfare offense; penalty.

3-720 Desecration; penalty.

3-721 Disrupting a public or religious assembly.

3-722 Violation of privacy; penalty.

3-723 Criminal defamation; penalty.

3-724 Harassment; penalty.

3-725 Disorderly conduct; penalty.

3-726 Prostitution; penalty; citation in lieu of

arrest.

3-727 Pandering; penalty.

3-728 Pandering; evidence.

3-729 Keeping a place of prostitution; penalty.

3-730 Prostitution cases; incrimination testimony;

how treated.

3-731

3-732

3-733

3-734

3-735

3-736

3-737

3-738

3-739

3-740

3-741

3-742

3-743

3-744

3-745

3-746

3-747

3-748

3-749

3-750

3-751

3-752

3-753

3-754

3-755

3-756

3-757

3-758

vii

Debauching a minor; penalty.

Public indecency; penalty.

Obscenity; penalty.

Rioting; penalty.

Failure to disperse; penalty.

Dangerous weapon, firearm, school zone, other

terms; defined.

Unlawful carrying or possession of dangerous

weapons; penalty.

Aggravated weapons offense; penalty.

Using firearms to commit a crime;

penalty.

Dangerous devices; penalty.

Fireworks offense; penalty.

Inhaling or drinking certain compounds;

penalty.

Selling and offering for sale certain

compounds; use; knowledge of seller; unlawful.

Act, exceptions.

[Reserved.]

Abandoning, or concealing a dead human

body; penalty.

Concealing the death of another person;

penalty.

Intimidation by phone call; penalty; prima

facie evidence.

Interfering with a public service company;

penalty.

Maintaining

nuisance;

penalty;

abatement or removal.

Disturbing the peace; penalty.

Telecommunications violations; penalty.

Animal, cruel mistreatment, cruel neglect,

and abandon; defined.

Cruelty to animals; penalty; authorized or

permitted conduct.

Livestock offense; penalty.

Waters offense; penalty.

Assault of a Human Embryo or Fetus;

terms defined; limitations.

Assault of a Human Embryo or Fetus in

the first degree; penalty.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 7

CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE

(continued)

3-759

3-760

Assault of a Human Embryo or Fetus in 3-761

3-762

the second degree; penalty

Assault of a Human Embryo or Fetus in the

third degree; penalty.

viii

Indecent liberties; penalty.

Video Recording and Distribution of

Criminal Assaults

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 8

CONTROLLED SUBSTANCES ACT

(As revised December 12, 2025)

3-801 Definitions.

3-802 Prohibition of sales, transport, import, export

or possession of drug paraphernalia or drug

manufacturing equipment.

3-803 Narcotics revolving fund.

3-804 Future controlled substances included.

3-805 Nomenclature in schedules.

3-806 Schedule I characteristics.

3-807 Schedule II characteristics.

3-808 Schedule III characteristics.

3-809 Schedule IV characteristics.

3-810 Schedule V characteristics.

3-811 Schedule I.

3-812 Schedule II.

3-813 Schedule III.

3-814 Schedule IV.

3-815 Schedule V

3-816 Seizure without warrant; forfeitures; disposition;

evidence; court costs; and expenses.

3-817 School Property; distribution; dispensing or

possession.

3-818 Prohibited acts; penalties.

3-819 Prohibited acts; fraud, deceit.

3-820

3-821

3-822

3-823

3-824

3-825

3-826

3-827

3-828

3-830

3-831

3-832

3-833

3-834

3-835

3-836

3-837

3-838

Certain substances causing intoxication;

exemptions; penalties.

Endeavor and conspiracy.

General penalty clause.

Additional penalties.

Severability.

Possession of a dangerous drug; penalty.

Dangerous drug offense; penalty.

Manufacturing, selling, giving, distributing, or

possessing with intent to manufacture, sell, give or

distribute methamphetamine; penalty.

Methamphetamine lab cleanup costs; reimbursement.

Short Title.

Purpose.

Definitions.

Prohibition on Vaping on School Property by Minors.

General Prohibition of possession of vaping device by

Minors.

Prohibition on Vaping on School Property by

Adults.

Furnishing Vaping Devices to Minors.

Enforcement.

Severability.

TITLE 3

ARTICLE 9

[Reserved]

TITLE 3

ARTICLE 10

[Reserved]

TITLE 3

ARTICLE 11

[Reserved]

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 12

ADULT AND ELDERLY PROTECTIVE SERVICES ACT

3-1210

3-1200

3-1201

3-1202

Citation.

Legislative intent.

Definitions.

3-1203

Duty to report abuse, neglect or

exploitation.

Duty of law enforcement to investigate;

Role of the Department; Interference

with investigation and retalitation;

Penalty

3-1204

3-1205

3-1206

3-1207

3-1208

3-1209

3-1211

3-1212

3-1213

Immunity from liability.

Access to reports; Release of

Information; When; Exceptions.

Evidence exclusions void.

No abuse, neglect or exploitation solely

for reliance upon spiritual healing.

Willful failure to report.

3-1214

3-1215

3-1216

3-1217

3-1218

Willful

release

of confidential

information.

Abuse, neglect or exploitation of a

vulnerable or elderly adult; Penalty.

Short-term protective services,

temporary placement; Ex parte order

authorized.

Subpoena of Medical and Financial

Records.

Procedures for prosecution.

Conditions of Release.

Elder Protection Order and Time Limits.

Violation of Protection Orders.

Severability.

TITLE 3

ARTICLE 13

VICTIMS’ RIGHTS ACT

(Adopted May 3, 2024)

3-1301

3-1302

3-1303

3-1304

Purpose and Findings.

Definitions.

3-1305

Duties of Law Enforcement to Victims of

Domestic or Family Violence; Required

Notice.

3-1306

3-1307

Rights Specific to Victims of Sexual

Assault.

Rights of All Victims of Crime; Duty of

Prosecutor to Inform.

Victim Advocate.

No Cause of Action.

TITLE 3

ARTICLE 14

WINNEBAGO LAW ENFORCEMENT CODE

3-1401

3-1402

3-1403

3-1404

3-1405

3-1406

3-1407

Purpose.

Source of Authority.

Repealer.

Definitions.

Jurisdiction.

Authority over Department.

General Principles.

3-1408

3-1409

3-1410

3-1411

3-1412

3-1413

Chief of Police.

Tribal Police Officers.

Powers of the Winnebago Tribal Police

Department.

Cross-Deputization and Other Agreement.

Conflicts of Interest.

Severability.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 15

CRIMINAL TRAFFIC OFFENSES

(As adopted September 24, 2003)

3-1500 Driving under influence of alcoholic

liquor or drug; penalties; revocation of

operator’s license; applicable to violation

of statutes or ordinances; probation;

alcohol assessment; court; powers.

3-1501 Driving under influence of alcoholic

liquor or drugs; implied consent to

submit to chemical test; when test

administered; refusal; penalty.

3-1502 Driving under influence of alcoholic

liquor or drugs; test; additional test;

refusal to permit; effect; results of test;

available upon request.

3-1503 Driving under influence of alcoholic

liquor or drugs; chemical test; consent of

person incapable of refusal not

withdrawn.

3-1504 Driving under influence of alcoholic

liquor or drugs; chemical test; violation

of statute or ordinance; results;

competent evidence; permit; fee.

3-1505 Driving under influence of alcohol;

operator’s license; confiscation and

revocation; procedures; appeal.

3-1506 Driving under influence of alcohol;

revocation of impounded operator’s

license; procedure; reinstatement; fee;

eligibility for employment driving

permit and ignition interlock device.

3-1507 Operator’s license revocation decision;

notice; contents.

3-1508 License revocation; appeal.

3-1509 Blood sample; results of chemical test;

admissible in criminal prosecution;

disclosure required.

3-1510 Person under twenty-one years of age;

prohibited acts; enforcement.

3-1511 Implied consent to submit to chemical

test; when test administered; refusal;

penalty.

3-1512

Impounded operator’s license; sealing

of record; when; operation of motor

vehicle authorized.

3-1513 Ignition interlock device; court order

authorized; issuance of restricted Class

O license; prohibited act; violation;

penalty.

3-1514 Careless driving, defined; penalty.

3-1515 Reckless driving, defined; penalty.

3-1516 Willful reckless driving, defined.

3-1517 Willful reckless driving; first offense;

penalty.

3-1518 Reckless driving or willful reckless

driving; second offense; penalty.

3-1519 Reckless driving or willful reckless

driving; third and subsequent offenses;

penalty.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 16

WINNEBAGO PUBLIC SAFETY COMMISSION CODE

(As adopted July 15, 2025)

3-1600 Establishment.

3-1601 Purpose and Policy.

3-1603 Source of Authority.

3-1604 Definitions.

3-1605 Winnebago Public Safety Commission.

3-1606 Public Safety Commission Meetings.

3-1606 Appointment of Commissioners.

3-1607 Commissioner Requirements and

Qualifications.

3-1609 Confidentiality.

3-1610 Conflicts of Interest.

3-1611 Removal of Commissioners.

3-1612 Complaints.

3-1613 Commission Hearings.

3-1614 Severability.

3-1615 Repealer.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 1

TITLE 3

CRIMINAL CODE

(As redesignated June 1, 1989)

ARTICLE 1

GENERAL PROVISIONS

3-101

3-102

3-103

3-104

3-105

3-106

3-107

3-108

Name and citation.

Effective date.

Purpose and construction.

No affect on civil liability.

Exclusiveness of offenses.

Severability.

Terms, defined.

Prosecution for multiple offenses.

3-109

3-110

3-111

3-112

3-113

3-114

3-115

Limitation.

Separate trials.

Lesser included offenses.

Double jeopardy.

Burden and presumption of innocence.

Negating defenses.

Presumptions of fact.

3-101 Name and citation. This Title shall be known and may be cited as the Criminal Code, and

references in this part shall refer to this Code unless another is clearly indicated. [TCR 86-79]

3-102 Effective date. This Code shall apply to all offenses as herein defined occurring on or after its

effective date. If all or any part of any offense was committed prior to such date, the offense shall be

governed by the prior existing law, except that defenses enumerated herein shall apply to all offenses tried

after the effective date. [TCR 86-79]

3-103 Purpose and construction. The provisions of this Code shall be construed in accordance with

these general principles and purposes:

To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial

harm to individual or public interests;

To subject to public control persons whose conduct indicates that they are disposed to commit

crimes;

To safeguard conduct that is without fault and which is essentially victimless in its effect from

condemnation as criminal;

To give fair warning of the nature of the conduct declared to constitute an offense;

To differentiate on reasonable grounds between serious and minor offenses,

To prevent arbitrary and oppressive treatment of persons accused or convicted of offenses and to

promote the correction and rehabilitation of such persons; and

To encourage in each case the least restrictive means which enables rehabilitation of the defendant.

[TCR 86-79, 89-87]

3-104 No affect on civil liability. This Code shall not bar, suspend or otherwise affect any right or

liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a

civil action. [TCR 86-79]

3-105 Exclusiveness of offenses. No conduct constitutes an offense unless so declared by this Code, or

by any other Tribal resolution or ordinance or Code provision or by federal law. [TCR 86-79]

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 1

3-106 Severability. If any provision of this Code or the application of any provision of this Code to any

person or circumstance is held invalid, the remainder of this Code shall not be affected thereby.

[TCR 86-79]

3-107 Terms, defined. As used in this Code, unless the context otherwise requires:

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

“Act” shall mean a bodily movement, and includes words and possession of property; make

possible;

“Aid” or “assists” shall mean knowingly to give or lend money or credit to be used for, or to

available, or to further activity thus aided or assisted;

“Benefit” shall mean any gain or advantage to the benefit person pursuant to the desire or consent

of the beneficiary;

“Bodily injury” shall mean physical pain, illness, or any impairment of physical condition;

“Conduct” shall mean an action or omission and its accompanying state of mind, or where relevant,

a series of acts and omissions;

“Deadly physical forces” shall mean force, the intended, natural, and probable consequence of

which is to produce death, or which does, in fact, produce death;

“Deadly weapon” shall mean any firearm, knife, bludgeon, or other device, instrument, material, or

substance, whether animate or inanimate, which in the manner it is used or intended to be used is

capable of producing death or serious bodily injury;

“Deface” shall mean to alter the appearance of something by removing, distorting, adding to, or

covering all or a part of the thing;

“Dwelling” shall mean a building or other thing which is used, intended to be used, or usually used

by a person for habitation;

“Government” shall mean the Winnebago Tribe of Nebraska, the United States, the state, and any

corporation or other entity established by law to carry out any governmental function;

“Governmental functions” shall mean any activity which a public servant is legally authorized to

undertake on behalf of government;

“Motor vehicles” shall mean every self-propelled land vehicle, not operated upon rails, except selfpropelled invalid chairs;

“Omission” shall mean a failure to perform an act as to which a duty of performance is imposed by

law;

“Peace officers” shall mean any officer or employee of the Winnebago Tribe of Nebraska, the

United States, or the state, authorized by law to make arrests;

“Pecuniary benefits” shall mean benefit in the form of money, property, commercial interest, or

anything else, the primary significance of which is economic gain;

“Person” shall mean any natural person and where relevant a corporation or an unincorporated

association;

“Public places” shall mean a place to which the public or a substantial number of the public has

access, and includes but is not limited to highways, transportation facilities, schools, places of

amusement, parks, playgrounds, and the common areas of public and private buildings and

facilities;

“Public servants” shall mean any officer or employee of government, whether elected or appointed,

and any person participating as an advisor, consultant, process server, or otherwise in performing a

governmental function, but the term does not include witnesses;

“Recklessly” shall mean acting with respect to a material element of an offense when any person

disregards a substantial and unjustifiable risk that the material element exists or will result from

his/her conduct. The risk must be of such a nature and degree that, considering the nature and

purpose of the actor’s conduct and the circumstances known to him/her, its disregard involves a

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21.

22.

23.

gross deviation from the standard of conduct that a law-abiding person would observe in the

actor’s situation;20.

“Serious bodily injury” shall mean bodily injury which involves a

substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or

protracted loss or impairment of the function of any part or organ of the body;

“Tamper” shall mean to interfere with something improperly or to make unwarranted alterations in

its condition;

“Thing of value” shall mean real property, contract rights, choices in action, services, and any

rights of use or enjoyment connected therewith; and

“Voluntary act” shall mean an act performed as a result of effort or determination, and includes the

possession of property if the actor was aware of his/her physical possession or control thereof for a

sufficient period to have been able to terminate it. [TCR 86-79]

3-108 Prosecution for multiple offenses. When the same conduct of a defendant may establish the

commission of more than one offense, the defendant may be prosecuted for each such offense. He/she may

not, however, be convicted of more than one offense, if.

One offense is a lesser included offense of another offense where conviction was sought for both;

One offense consists only of a conspiracy, or any attempt to commit the other; or

Inconsistent findings of fact are required to establish the offenses; or

The offenses only differ in that one is defined to prohibit a specific kind of conduct and the other

prohibits the same conduct generally; or

The offense is defined as a continuing course of conduct and the defendant’s course of conduct was

uninterrupted, unless the Code provides that specific periods of such conduct constitute separate

offenses. [TCR 86-79]

3-109 Limitation. Except as provided in Section 3-105, a defendant shall not be subject to separate

trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such

offenses are known to the prosecuting officer or to the state patrol, the Bureau of Indian Affairs police, or

the Tribal police at the time of the commencement of the first trial and are within the jurisdiction of the

Tribe. [TCR 86-79]

3-110 Separate trials. Upon application of any party and if justice so requires, the court may order that

separate trials be held for two or more offenses based on the same conduct or arising from the same

criminal episode. [TCR 86-79]

3-111 Lesser included offenses.

A defendant may be convicted of a lesser included offense different from the offense charged in a

complaint without having been specifically charged with such included offense. An offense is so

included when:

It is established by proof of the same or less than all the facts required to establish the

commission of the offense charged; or

It consists of an attempt to commit the offense charged or to commit an offense otherwise

included therein; or

It differs from the offenses charged only in the respect that a less serious injury or risk of

injury to the same person, property or public interest or a lesser kind of culpability suffices

to establish its commission.

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The court must charge the jury with respect to a lesser included offense if so requested by the

defendant if there is a rational basis for a verdict acquitting the defendant of the offense charged

and convicting him/her of the lesser included offense. [TCR 86-79]

3-112 Double jeopardy.

If a defendant has been prosecuted for one or more offenses arising out of a single criminal episode

or the same facts as the original prosecution, a subsequent prosecution for the same or a different

offense arising out of such episode or facts is barred if:

The subsequent prosecution is for an offense that was or should have been tried in the

former prosecution, unless such subsequent trial has been ordered as a separate trial by the

judge; and

The former prosecution:

Resulted in acquittal; or

ii.

Resulted in conviction; or

iii.

Was improperly terminated; or

iv.

Was terminated by a final order of judgment for the defendant that has not been

reversed, set aside or vacated and that necessarily required a determination

inconsistent with a fact that must be established to secure conviction in the

subsequent prosecution.

There is an acquittal if the prosecution results in a finding of not guilty by the trier of fact or in a

determination that there was insufficient evidence to warrant conviction. A finding of guilty of the

lesser included offense is an acquittal of the greater offense even though the conviction for the

lesser included offense is subsequently reversed, set aside, or vacated.

There is a conviction if the prosecution resulted in a judgment of guilty that has not been reversed,

set aside, or vacated; a verdict that has not been reversed, set aside, or vacated and that is capable

of supporting a judgment; or a plea of guilty accepted by the court.

There is an improper termination of prosecution if the termination takes place before the verdict, if

for reasons not amounting to an acquittal, and takes place after a jury has been impaneled and

sworn in, or, if the matter was to be tried without a jury, after the first witness is sworn. However,

termination of prosecution is not improper if:

The defendant consents to the termination; or

The defendant waives his/her right to object to the termination; or

The court finds and states for the record that the termination is necessary because:

It is physically impossible to proceed with the trial in conformity to the law; or

there is a legal defect in the proceeding not attributable to the prosecution that

would make any judgment entered upon a verdict reversible as a matter of law; or

ii.

Prejudicial conduct in or out of the courtroom not attributable to the prosecution

makes it impossible to proceed with the trial without injustice to the defendant or

to the prosecution; or

iii.

The jury is unable to agree on the verdict; or

A false statement of a juror on voir dire prevents a fair trial.

A subsequent prosecution of an offense is not barred if the former prosecution resulted in a

judgment of a guilt held invalid in a subsequent proceeding on appeal, or on writ of habeas corpus.

Prosecution for an offense under this Code is not barred by virtue of the fact that the defendant

could be or has been charged or convicted under 18 U.S.C.A., section 1153 (Major Crimes Act) or

other federal law. [TCR 86-79]

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3-113 Burden and presumption of innocence.

A defendant in a criminal proceeding is presumed to be innocent until each and every element of

the offense against him/her if proved beyond a reasonable doubt. In the absence of such proof the

defendant shall be acquitted.

By “element of the offense” is meant:

The conduct, attendant circumstances or results of conduct included in the definition of the

offense; plus

The culpable mental state required (if any); but

Jurisdiction is not an element of the offense nor is the statute of limitations or any other

matter similarly unconnected with the harm or evil incident or conduct, sought to be

prevented by the statute; these matters are established by a preponderance of the evidence.

The existence of justification or excuse as defenses to the offense may also be established

by a preponderance of the evidence. [TCR 86-79]

3-114 Negating defenses. The prosecution need not negate any defense either in the complaint or by

proof unless the defense is in issue as a result of evidence presented at trial by either side, or unless the

defense is an affirmative defense, and the defendant has presented evidence of such. [TCR 86-79]

3-115 Presumptions of fact. An evidentiary presumption established by this Code has the following

consequences:

When the evidence of facts which support the presumption exist, the issue of the existence of the

presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a

whole clearly negates the presumed fact.

In submitting the issue of the presumed fact to the jury, the court shall charge the jury that the

presumed fact must on all evidence be proved beyond a reasonable doubt. And, that the law

regards the facts that give rise to the presumed fact as evidence which, in effect, established the

presumed fact at least by a preponderance of the evidence, but does not necessarily establish such

fact beyond a reasonable doubt. [TCR 86-79]

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TITLE 3

ARTICLE 2

PRINCIPLES OF CRIMINAL RESPONSIBILITY

3-201 Acts and omissions to act.

3-202 Culpability; general requirements.

3-203 Causal relationship between conduct and

result.

3-204 Ignorance or mistake of fact.

3-205 Liability for conduct of another.

3-206 Corporation and unincorporated

associations.

3-207 Intoxication.

3-208 Duress.

3-209 Consent.

3-210 Entrapment.

3-211 Mental disease or defect.

3-212 Justification; terms defined.

3-213 Justification; choice of evils.

3-214

3-215

3-216

3-217

3-218

3-219

Public duty; execution.

Use of force; self-protection.

Use of force; protection of other persons.

Use of force; protection of property.

Use of force; law enforcement.

Use of force by person with special

responsibility for care, discipline or safety

of others.

3-220 Mistake of law; reckless or negligent use

of force.

3-221 Justification in property crimes.

3-222 Justification an affirmative defense; civil

remedies unaffected.

3-201 Acts and omissions to act.

A person is not guilty of an offense unless his/her liability is based on conduct which includes a

voluntary act or the omission to perform an act of which he/she is physically capable.

The following are not voluntary acts within the meaning of this Section:

A reflex or convulsion;

A bodily movement during unconsciousness or sleep;

Conduct during hypnosis;

A bodily movement that otherwise is not a product of the effort or determination of the

actor, either conscious or habitual.

Liability for the commission of an offense may not be based on an omission unaccompanied by

action unless:

The omission is expressly made sufficient by the law defining the offense; or

A duty to perform the omitted act is otherwise imposed by law.

Possession is an act, within the meaning of this Section, if the possessor knowingly procured or

received the thing possessed or was aware of his/her control thereof for a sufficient period to have

been able to determine hi/her possession. [TCR 86-79]

3-202 Culpability; general requirements. A person is not guilty of an offense unless he acted

purposely, knowingly, or negligently, as the law may require, with respect to each element of the offense, or

unless his/her acts constitute an offense involving strict liability.

Kinds of culpability defined are:

Purposely: a person acts purposely with respect to a element of an offense:

If the element involves the nature of his/her conduct or a result thereof, it is his/her

conscious object to engage in conduct of that nature or to cause such a result; and

ii.

If the element involves the attendant circumstances, he/she is aware of the

existence of such circumstances, or he/she believes or hopes that they exist.

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Knowingly: a person acts knowingly with respect to an element of an offense when:

If the element involves the nature of his/her conduct or the attendant

circumstances, he/she is aware that his/her conduct is of that nature or that such

circumstances exist; and

ii.

If the element involves a result of conduct, he/she is aware that it is practically

certain that his/her conduct will cause such a result.

Recklessly: a person acts recklessly with respect to an element of an offense when he/she

consciously disregards a substantial and unjustifiable risk that the element exists or will

result from his/her conduct. The risk must be of such a nature and degree that, considering

the nature and purpose of the actor’s conduct and the circumstances known to him/her, its

disregard involves a gross deviation from the standard of conduct that a law-abiding

person would observe in the actor’s situation.

Negligently: A person acts negligently with respect to an element of an offense when

he/she should be aware of a substantial and unjustifiable risk that the element exists or will

result from his/her conduct. The risk must be of such a nature and degree that the actor’s

failure to perceive it, considering the nature and purpose of his/her conduct and the

circumstances known, reflects a want of that degree of care that a reasonable person would

observe in the actor’s situation.

Strict Liability: an element of an offense shall involve strict liability only when the

definition of the offense or element clearly indicates a legislative purpose to impose strict

liability for an element of the offense by use of the phrase strict liability or other terms of

similar import, and when so used, no proof of a culpable mental state is required to

establish the commission of the element or offense.

When the culpability sufficient to establish an element of an offense is not specifically prescribed,

such element is established if a person acts purposely, knowingly, or recklessly with respect

thereto.

When the law defining an offense prescribes the kind of culpability that is sufficient for the

commission of an offense, without distinguishing among the elements thereof, such provisions shall

apply to all the material elements of the offense, unless a contrary purpose plainly appears.

When the law provides that negligence suffices to establish an element of an offense, such element

also is established if a person acts purposely, knowingly, or recklessly. When recklessness suffices

to establish an element, such element is also established if a person acts purposely or knowingly.

When acting knowingly suffices to establish an element, such element is also established if a

person acts purposely.

When a particular purpose is an element of an offense, the element is established although such

purpose is conditional, unless the condition negates the harm or evil sought to be prevented by the

offense.

When knowledge of the existence of a particular fact is an element of an offense, such knowledge is

established if a person is or should be aware of a high probability of its existence, unless he/she

actually believes that it does not exist.

A requirement that an offense be committed willfully is satisfied if a person acts knowingly with

respect to the material elements of the offense, unless a purpose to impose further requirements

appears.

The knowledge that certain conduct constitutes an offense is not an element of the offense unless

the definition so provides. The lack of understanding of the meaning or application of the law is

not a defense to an offense unless so specified.

When the grade or degree of an offense depends on whether the offense is committed purposely,

knowingly, recklessly, or negligently, its grade or degree shall be the lowest for which the

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determinative kind of culpability is established with respect to any element of the offense.

[TCR 86-79]

3-203 Causal relationship between conduct and result.

Conduct is the cause of a result when:

It is an antecedent but for which the result in question would not have occurred; and

The relationship between the cause and result satisfied any additional causal requirements

imposed by this Code or the definition of the offense.

When a particular mental state is specified in conjunction with an element of an offense, proof of

the existence of that element is not avoided because the actual result differed from that intended or

that which was probable or likely under the circumstances either in kind or degree or because a

different person or different property was injured or affected than that intended or than that which

was probable or likely under the circumstances, unless such differences are sufficient without

consideration of the mental state involved to constitute a defense or avoidance or unless such

differences are of such magnitude that it would be unjust to find the element involved in light of

such differences. [TCR 86-79]

3-204 Ignorance or mistake of fact.

The law provides that the actual state of mind which exists itself constitutes a defense when intent

is an element of the offense. However, state of mind may be inferred from the acts of the

defendant.

Although ignorance or mistake of fact will otherwise afford a defense to the offense charge, the

defense is not available if the defendant would be guilty of another offense if the situation had been

as he/she supposed, in which case the punishment available upon conviction shall not exceed that

prescribed for the other offense. [TCR 86-79]

3-205 Liability for conduct of another.

A person is guilty of an offense if it is committed by his/her own conduct or by the conduct of

another person for whom he/she is legally accountable, or both.

A person is legally accountable for the conduct of another person when:

Acting with the kind of culpability that is sufficient for the commission of the offense,

he/she causes an innocent or irresponsible person to engage in such conduct, or

He/she is an accomplice of such other person in the commission of the offense.

A person is an accomplice of another person in the commission of an offense if:

With the purpose of promoting or facilitating the commission of an offense, he/she (i) aids

or agrees or attempts to aid such other person in planning or committing it; or (ii) having

legal duty to prevent the commission of the offense, fails to make proper effort to do so.

His/her conduct is expressly declared by law to establish his/her complicity.

When causing a particular result is an element of an offense, an accomplice in the conduct causing

such result is an accomplice in the commission of that offense, if he/she acts with the kind of

culpability, if any, with respect to that result that is sufficient for the commission of the offense.

A person who is legally incapable of committing a particular offense him/herself may be guilty

thereof if it is committed by the conduct of another person for whom he/she is legally accountable,

unless such liability is inconsistent with the purpose of his/her incapacity.

Unless otherwise provided by the Code or by the law defining the offense, a person is not an

accomplice in an offense committed by another person if.

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He/she is a victim of that offense; or

The offense is so defined that his/her conduct is inevitably incident to its commission; or

He/she terminates his/her complicity prior to the commission of the offense, and

Wholly deprives it of effectiveness in the offense; or gives timely warning to law

enforcement authorities or otherwise makes proper effort to prevent the

commission of the offense.

An accomplice may be convicted on proof of the commission of the offense and of his/her

complicity therein, though the person claimed to have committed the offense has not been

prosecuted or convicted of a different offense or degree of offense or has immunity from

prosecution or has been acquitted.

Notwithstanding the above, no person shall be held legally accountable in any criminal proceeding

for another’s criminal conduct solely because of their familial or marital relationship with any

person accused of criminal conduct. [TCR 86-79]

3-206 Corporation and unincorporated associations.

A person is legally accountable for any conduct he/she performs or causes to be performed in the

name of a corporation or unincorporated association or in its behalf to the same extent as if it were

performed in his/her own name or behalf.

Whenever a duty to act is imposed by law upon a corporation or unincorporated association, any

agent of the corporation or association having primary responsibility for the discharge of the duty

is legally accountable for a reckless emission to perform the required act to the same extent as if

the duty were imposed by law directly upon him/herself.

When a person is convicted of an offense by reason of his/her legal accountability for the conduct

of a corporation or an unincorporated association, he/she is subject to the sentence authorized by

law when a natural person is convicted of an offense of the class involved. [TCR 86-79]

3-207 Intoxication.

Except as provided in subsection (4) of this Section, intoxication of the actor is not a defense

unless it negates an element of the offense, including, but not limited to, “specific intent.”

When recklessness establishes an element of the offense, if the actor, due to self-induced

intoxication, is unaware of risk of which he/she would have been aware had he/she been sober,

such lack of awareness is not a defense to the crime charged.

Intoxication does not, in itself, constitute a mental disease as that term is used in this Code.

Intoxication which (A) is not self induced, or (B) is the result of intoxication excessive in degree

given the amount of intoxicant, to which result the actor does not know he/she is susceptible, is an

affirmative defense if by reason thereof the defendant lacks substantial capacity either to appreciate

the wrongfulness of his/her conduct or to conform his/her conduct to the requirements of the law.

“Intoxication” means a disturbance of mental or physical capabilities and/or capacities resulting

from the introduction of substances into the body. Except as otherwise provided in the Code,

intoxication must be proven by use of scientific testing equipment e.g., intoxilyzer. The arresting

officer must have reasonable grounds to believe that such person has alcohol in his/her body, or

has committed a moving traffic violation, or has been involved in a traffic accident. [TCR 86-79]

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3-208 Duress.

Except as herein otherwise provided, it is an affirmative defense that the actor engaged in conduct

constituting an offense because he/she was coerced to do so by the use of, or threat to use,

unlawful force against his/her person or the person of another, which a law-abiding person of

reasonable firmness in his/her situation would have been unable to resist.

The defense provided in this Section is unavailable to a person who intentionally, knowingly, or

recklessly places him/herself in a situation in which it is probable that he/she will be subject to

duress.

It is not a defense that a spouse acted on the command of his/her spouse, unless they acted under

coercion as would establish a defense under subsection (1) above. No presumption of duress arises

from the mere presence of one spouse at the time the other acted.

The defense provided in this Section is unavailable in any situation where the coerced conduct

threatens to cause death or serious bodily harm to some person other than the actor or does in fact

cause such harm. [TCR 86-79]

3-209 Consent.

The consent of the victim to conduct constituting an offense or to the result thereof is a defense if

such consent negates an element of the offense or precludes the infliction of the harm or evil sought

to be prevented by the law defining the offense.

When conduct constitutes an offense because it threatens to cause or causes bodily harm, consent

to such conduct or to the infliction of such harm is a defense only if:

The bodily harm consented to or threatened by the conduct consented to is not serious; or

The conduct and the harm are reasonably foreseeable hazards of joint participants in a

lawful activity; or

The consent establishes a justification for the conduct under this Code.

Unless otherwise provided by the Code or the law defining the offense, assent does not constitute

consent if:

It is given by a person who is legally incompetent to authorize the conduct constituting an

offense; or

It is given by a person who by reason of youth, mental disease or defect or intoxication is

manifestly unable or known to the actor to be unable to make a reasonable judgment as to

the nature or the harmfulness of the conduct constituting the offenses; or

It is given by a person whose improvident consent is sought to be prevented by the law

defining the offense; or

It is induced by force, duress, or deception. [TCR 86-79]

3-210 Entrapment.

A public law enforcement officer or official or a person acting in cooperation with such an official

perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense,

he/she induces or encourages another person to engage in conduct constituting an offense by either:

Making knowingly false representations designed to induce the belief that such conduct is

not prohibited; or

Employing methods of persuasion or inducement which create a substantial risk that such

an offense will be committed by persons other than those who are ready to commit it in the

absence of such inducement.

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The defense afforded by this Section shall be unavailable when causing or threatening bodily injury

is an element of the offense charged and the prosecution is based on conduct causing or threatening

such injury to a person other than the person perpetrating the entrapment.

Except as provided in (2) above, a person prosecuted for an offense shall be acquitted if he/she

proves by a preponderance of the evidence that his/her conduct occurred in response to an

entrapment. The issue of entrapment shall be tried to and decided by the court and not by jury.

Evidence of past offenses shall be admissible only if the defendant takes the stand in his/her own

defense. [TCR 86-79]

3-211 Mental disease or defect.

In any prosecution for an offense, it shall be a defense that the defendant, at the time of the conduct

upon which the prosecution is based, as a result of mental disease or defect lacked substantial

capacity either to appreciate the wrongfulness of his/her conduct or to conform his/her conduct to

the requirement of the law.

As used in this Section, the terms mental diseases or defect do not include an abnormality

manifested only by repeated criminal or otherwise antisocial conduct.

The defense afforded by this Section shall not be available unless notice of intent to rely on such

defense is given at least two weeks before trial. By giving such notice, the defendant will be

deemed to have consented to be examined for the prosecution by not more than two professional

medical or other experts for the purpose of ascertaining the state of defendant’s mental health.

No person who, as a result of mental disease or defect, lacks capacity to understand the

proceedings against him/her or to assist in his/her own defense shall be tried, convicted, or

sentenced for the commission of an offense so long as such incapacity endures.

The defendant shall have the burden of proving by a preponderance of the evidence that he/she has

a mental disease or defect within the meaning of this Section. [TCR 86-79]

3-212 Justification; terms defined. As used in Sections 3-212 to 3-222 unless the context otherwise

requires:

“Unlawful forces” shall mean force, including confinement, which is employed without the consent

of the person against whom it is directed and the employment of which constitutes an offense or

actionable tort or would constitute such offense or tort except for a defense such as the absence of

intent, negligence, or mental capacity, duress, youth, or diplomatic status; not amounting to a

privilege to use the force;

“Assent” shall mean consent, whether or not it otherwise is legally effective, except assent to the

infliction of death or serious bodily harm;

“Deadly force” shall mean force which the actor uses with the purpose of causing or which he/she

knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a

firearm in the direction of another person or at a vehicle in which another person is believed to be

constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a

weapon or otherwise, so long as the actor’s purpose is limited to creating an apprehension that

he/she will use deadly force if necessary, shall not constitute deadly force;

“Actor” shall mean any person who uses force in such a manner as to attempt to invoke the

privileges and immunities afforded him/her by Sections 3-213 to 3-222, except any duly authorized

law enforcement officer of the state, or the Winnebago Tribe of Nebraska, or the United States.

“Dwelling” shall mean any building or structure, though movable or temporary, or a portion

thereto, which is for the time being the actor’s home or place of lodging; and

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“Public servants” shall mean any elected or appointed officer or employee of the Winnebago Tribe

of Nebraska, the United States, or the state, except any duly authorized law enforcement officer of

the state , the Winnebago Tribe of Nebraska, or the United States. [TCR 86-79]

3-213 Justification; choice of evils.

Conduct which the actor believes to be necessary to avoid a harm or evil to him/her or to another is

justifiable if:

The harm or evil sought to be avoided by such conduct is greater than that sought to be

prevented by the law defining the offense charged;

Neither Section 3-213 to 3-222, nor other law defining the offense provides exceptions for

defenses dealing with the specific situation involved; and

A legislative purpose to exclude the justification claimed does not otherwise plainly

appear.

When the actor was reckless or negligent in bringing about the situation requiring a choice of

harms or evils or in appraising the necessity for his/her conduct, the justification afforded by this

Section is unavailable in prosecution for any offense for which recklessness or negligence, as the

case may be, suffices to establish culpability. [TCR 86-79]

3-214 Public duty; execution.

Except as provided in subsection (2) of this Section, conduct is justifiable when it is required or

authorized by:

The law defining the duties or functions of a public officer or the assistance to be rendered

to such officer in the performance of his/her duties;

The law governing the execution of legal process;

The judgment or order of a competent court or tribunal;

The law governing the armed services or the lawful conduct of war; or

Any other provision of law imposing a public duty.

Sections 3-213 to 3-222, shall apply to:

The use of force upon or toward the person of another for any of the purposes dealt with in

such sections; and

The use of deadly force for any purpose, unless the use of such force is otherwise

expressly authorized by law or occurs in the lawful conduct of war.

The justification afforded by subsection (1) of this Section shall apply:

When the actor believes his/her conduct to be required or authorized by the judgment or

direction of a competent court or tribunal or in the lawful execution of legal process,

notwithstanding lack of jurisdiction of the court or defect in the legal process; and

When the actor believes his/her conduct to be required or authorized to assist a public

officer in the performance of his/her duties, notwithstanding that the officer exceeded this

legal authority. [TCR 86-79]

3-215 Use of force; self-protection.

Subject to the provisions of this Section and of Section 3-220, the use of force upon or toward

another person is justifiable when the actor believes that such force is immediately necessary for

the purpose of protecting him/herself against the use of unlawful force by such other person on the

present occasion.

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The use of such force is not justifiable under this Section to resist an affect which the actor known

is being made by a peace officer, although the arrest is unlawful.

The use of such force is not justifiable under this Section to resist force by the occupier or

possessor of property or by another person on his/her behalf, where the actor knows that the person

using the force is doing so under a claim of right to protect the property, except that this limitation

shall not apply if:

The actor is a public officer acting in the performance of his/her duties or person lawfully

assisting him/her therein or a person making or assisting in a lawful arrest;

The actor has been unlawfully dispossessed of the property and is making are entry or

recapture justified by Section 3-217; or

The actor believes that such force is necessary to protect him/herself against death or

serious bodily harm.

The use of deadly force shall not be justifiable under this Section unless the actor believes that such

force is necessary to protect him/herself against death, serious bodily harm, kidnapping or sexual

intercourse compelled by force or threat, nor is it justifiable if:

The actor, with the purpose of causing death or serious bodily harm, provoked the use of

force against him/herself in the same encounter; or

The actor knows that he/she can avoid the necessity of using such force with complete

safety by retreating or by surrendering possession of a thing to a person asserting a claim

of right thereto or by complying with a demand that he/she abstain from any action which

he/she has no duty to take, except that:

The actor shall not be obliged to retreat from his/her dwelling or place of work,

unless he/she was the initial aggressor or is assailed in his/her place of work by

another person whose place of work the actor knows it to be; and a public officer

justified in using force in the performance of his/her duties or person justified in

using force in his/her assistance or a person justified in using force in making an

arrest or preventing an escape shall not be obliged to desist from efforts to perform

such duty, effect such arrest or prevent such escape because of resistance or

threatened resistance by or on behalf of the person against whom such action is

directed.

Except as required by subsections (3) and (4) of this Section, a person employing protective force

may estimate the necessity thereof under the circumstance as he/she believes them to be when the

force is used, without retreating, surrendering possession, doing any other act which he/she has no

legal duty to do, or abstaining from any lawful action.

The justification afforded by this Section extends to the use of confinement as protective force only

if the actor takes all reasonable measures to terminate the confinement as soon as he/she knows

that he/she safely can do so, unless the person confined has been arrested on charge of crime.

[TCR 86-79]

3-216 Use of force; protection of other persons.

Subject to the provisions of this Section and of Section 3-210, the use of force upon or toward the

person of another is justifiable to protect a third person when:

The actor would be justified under Section 3-215, in using such force to protect

him/herself against the injury he/she believes to be threatened to the person whom he/she

seeks to protect;

Under the circumstances as the actor believes them to be, the person whom he/she seeks to

protect would be justified in using such protective force; and

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The actor believes that his/her intervention is necessary for the protection of such other

person.

Notwithstanding subsection (1) of this Section:

When the actor would be obliged under Section 3-215 to retreat, to surrender the

possession of a thing or to comply with a demand before using force in self-protection,

he/she shall not be obliged to do so before using force for the protection of another person,

unless he/she knows that he/she can thereby secure the complete safety of such other

person;

When the person whom the actor seeks to protect would be obliged under Section 3-215 to

retreat, to surrender the possession of a thing or to comply with a demand if he/she knew

that he/she could obtain complete safety by so doing, the actor is obliged to try to cause

him/her to do so before using force in his/her protection if the actor knows that he/she can

obtain complete safety in that way; and

Neither the actor nor the person whom he/she seeks to protect is obliged to retreat when in

the other’s dwelling or place of work to any greater extent than in his/her own.

[TCR 86-79]

3-217 Use of force; protection of property

Subject to the provisions of this Section and of Section 3-220, the use of force upon or toward the

person of another is justifiable when the actor believes that such force is immediately necessary:

To prevent or terminate an unlawful entry or other trespass upon land or a trespass against

or the unlawful carrying away of tangible, movable property; provided, that such land or

movable property is, or is believed by the actor to be, in his/her possession or in the

possession of another person for whose protection he/she acts; or

To effect an entry or reentry upon land or to retake tangible movable property; provided,

that the actor believes that he/she or the person by whose authority he/she acts or a person

from whom he/she or such other person derives title was unlawfully dispossessed of such

land or movable property and is entitled to possession and provided that:

The force is used immediately or on fresh pursuit after such dispossession; or

ii.

The actor believes that the person against whom he/she uses force has no claim of

right to the possession of the property and, in the case of land, the circumstances,

as the actor believes them to be, are of such urgency that it would be an

exceptional hardship to postpone the entry or reentry until a court order is

obtained.

For the purposes of subsection (1) of this Section:

A person who had parted with the custody of property to another who refuses to restore it

to him/her is no longer in possession, unless such property is movable and was and still is

located on land in his/her possession;

A person who has been dispossessed of land does not regain possession thereof merely by

setting foot there on; and

A person who has a license to use or occupy real property is deemed to be in possession

thereof except against the licenser acting under claim of right.

The use of force is justifiable under this Section only if the actor first requests the person against

whom such force is used to desist from his/her interference with the property, unless the actor

believes that:

Such request would be useless;

It would be dangerous to him/herself or another person to make the request; or

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Substantial harm will be done to the physical condition of the property which is sought to

be protected before the request can effectively be made.

The use of force to prevent or terminate at trespass is not justifiable under this Section if the actor

knows that dire exclusion of the trespasser will expose him/her to substantial danger of serious

bodily harm.

The use of force to prevent an entry or reentry upon land or the recapture of movable property is

not justifiable under this Section although the actor believes that such reentry or recapture is

unlawful, if:

The reentry or recapture is made by or on behalf of a person who was actually

dispossessed of the property; and

It is otherwise justifiable under subsection (l)(B) of this Section.

The use of deadly force is not justifiable under this Section unless the actor believes that the person

against whom the force is used is attempting to commit or consummate arson, burglary, robbery or

other felonious theft or property destruction and either:

Has employed or threatened deadly force against or in the presence of the actor; or

The use of force other than deadly force to prevent the commission or the consummation of

the crime would expose the actor or another in his/her presence to substantial danger of

serious bodily harm.

The justification afforded by this Section extends to the use of confinement as protective force only

if the actor takes all reasonable measures to terminate the confinement as soon as he/she knows

that he/she can do so with safety to the property, unless the person confined has been arrested on a

charge of crime.

The justification afforded by this Section extends to the use of advice for the purpose of protecting

property only if:

Such device is not designed to cause or known to create a substantial risk of causing death

or serious bodily harm;

Such use of the particular device to protect such property from entry or trespass is

reasonable under the circumstances, as the actor believes them to be; and

Such device is one customarily used for such a purpose or reasonable care is taken to

make known to probable intruders the fact that it is used.

The use of force to pass a person whom the actor believes to be purposely or knowingly and

unjustifiably obstructing the actor from going to a place to which he/she may lawfully go is

justifiable if:

The actor believes that the person against whom he/she uses force has no claim of right to

obstruct the actor;

The actor is not being obstructed from entry or movement on land which he/she knows to

be in the possession or custody of the person obstructing him/her, or in the possession or

custody of another person by whose authority the obstructer acts, unless the

circumstances, as the actor believes them to be, are of such urgency that it would not be

reasonable to postpone the entry or movement on such land until a court order is obtained;

and

The force used is not greater than would be justifiable if the person obstructing the actor

were using force against him/her to prevent his/her passage. [TCR 86-79]

3-218 Use of force; law enforcement.

Subject to the provisions of this Section and of Section 3-220, the use of force upon or toward the

person of another is justifiable when the actor is making or assisting an arrest and the actor

believes that such force is immediately necessary to effect a lawful arrest.

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The use of force is not justifiable under this Section unless:

The actor makes known the purpose of the arrest or believes that it is otherwise known by

or cannot reasonably be made known to the person to be arrested; and

When the arrest is made under a warrant, the warrant is valid or believed by the actor to be

valid.

The use of deadly force is not justifiable under this Section unless:

The arrest is for a criminal offense;

Such person effecting the arrest is authorized to act as a peace officer or is assisting a

person whom he/she believes to be authorized to act as a peace officer;

The actor believes that the force employed creates no substantial risk of injury to innocent

persons; and the actor reasonably believes that: force; or the crime for which the arrest is

made involved conduct including the use or threatened use of deadly.

There is a substantial risk that the person to be arrested will cause death or serious

bodily harm if this apprehension is delayed.

The use of reasonable force to prevent the escape of an arrested person from custody is justifiable.

A guard or other person authorized to act as a peace officer is justified in using reasonable force

which he/she believes to be immediately necessary to prevent the escape of a person from jail,

prison, or other institution for the detention of persons charged with or convicted of a crime.

A private person who assists another private person in effecting an unlawful arrest, or who assists

a peace officer in effecting an unlawful arrest, is justified in using force which he/she would be

justified in using if the arrest were lawful, if:

He/she reasonably believes the arrest is lawful; and

The arrest would be lawful if the facts were as he/she believes them to be.

The use of force upon or toward the person of another is justifiable when the actor believes that

such force is immediately necessary to prevent such other person from committing suicide,

inflicting serious bodily harm upon him/herself, committing or consummating the commission of a

crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace,

except that:

Any initiation imposed by the other provisions of Sections 3-212 to 3-222 on the justifiable

use of force in self-protection, for the protection of others, the protection of property, the

effectuation of an arrest or the prevention of an escape from custody shall apply

notwithstanding the criminality of the conduct against which such force is used; and

The use of deadly force is not in any event justifiable under this subsection unless the actor

reasonably believes that there is a substantial risk that the person who he/she seeks to

prevent from committing a crime will cause death or serious bodily harm to another unless

the commission or the consummation of the crime is prevented and that the use of such

force presents no substantial risk of injury to innocent persons.

The justification afforded by subsection (6) of this Section extends to the use of confinement as

preventive force only if the actor takes all reasonable measures to terminate the confinement as

soon as he/she knows that he/she safely can do so, unless the person confined has been arrested on

a charge of crime. [TCR 86-79, 89-87]

3-219 Use of force by person with special responsibility for care, discipline, or safety of others. The

use of force upon or toward the person of another is justifiable if:

The actor is the parent or guardian or other person similarly responsible for the general care and

supervision if a minor or a person acting at the request of such parent, guardian or other

responsible person and:

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Such force is used for the purpose of safeguarding or promoting the welfare of the minor,

including the prevention or punishment of his/her misconduct; and

Such force used is not designed to cause or known to create a substantial risk of causing

death, serious bodily harm, disfigurement, extreme pain or mental distress or gross

degradation; or

The actor is a teacher or a person otherwise entrusted with the care or supervision for a special

purpose of a minor and:

The actor believes that the force used is necessary to further such special purpose,

including the maintenance of reasonable discipline in a school, class or other group, and

that the use of such force is consistent with the welfare of the minor; and

The degree of force, if it had been used by the parent or guardian of the minor, would not

be unjustifiable under subdivision (1)(B) of this Section;

The actor is the guardian or other person similarly responsible for the general care and supervision

of an incompetent person, and:

Such force is used for the purpose of safeguarding or promoting the welfare of the

incompetent person, including the prevention of his/her misconduct, or, when such

incompetent person is in a hospital or other institution for his/her care and custody, for the

maintenance of reasonable discipline in such institution; and

Such force used is not designed to cause or known to create a substantial risk of causing

death, serious bodily harm, disfigurement, extreme or unnecessary pain, mental distress, or

humiliation;

The actor is a doctor or other therapist or a person assisting him/her at his/her direction, and:

Such force is used for the purpose of administering a recognized form of treatment which

the actor believes to be adapted to promoting the physical or mental health of the patient;

and

Such treatment is administered with the consent of the patient or, if the patient is a minor

or an incompetent person, with the consent of his/her parent or guardian or other person

legally competent to consent in his/her behalf, or the treatment is administered in an

emergency when the actor believes that no one competent to consent can be consulted and

that a reasonable person, wishing to safeguard the welfare of the patient, would consent;

The actor is a jailer or other authorized official of a jail and:

He/she believes that the force used is necessary for the purpose of enforcing the lawful

rules or procedures of the institution, unless his/her belief in the lawfulness of the rule or

procedure sought to be enforced is erroneous and his/her error is the result of ignorance or

mistake as to the provisions of Sections 3-212 to 3-222, any other provisions of the

criminal law, or the law governing the administration of the institution;

The nature or degree of force used is not forbidden by Sections 3-214 to 3-215; and

If deadly force is used, its use is otherwise justifiable under Sections 3-212 to 3-222;

The actor is a person who is authorized or required by law to maintain order or decorum in a

vehicle, train or other carrier or in a place where others are assembled, and:

He/she believes that the force used is necessary for such purpose; and

Such force used is not designed to cause or known to create a substantial risk of causing

death, bodily harm, or extreme mental distress. [TCR 86-79]

3-220 Mistake of law; reckless or negligent use of force.

The justification afforded by Sections 3-215 to 3-218, is unavailable when:

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The actor’s belief in the unlawfulness of the force or conduct against which he/she

employs protective force or his/her belief in the lawfulness of an arrest which he/she

endeavors to effect by force is erroneous; and

His/her error is the result of ignorance or mistake as to the provisions of Sections 3-212 to

3-222, any other provision of the criminal law, or the law governing the legality of an

arrest or search.

When the actor believes that the use of force toward another person is justifiable (as under Sections

3-216 to 3-219), but, the actor is reckless or negligent in having such belief, the justification

afforded by those sections is unavailable in a prosecution or an offense for which recklessness or

negligence, as the case may be, suffices to establish culpability.

When the actor is justified under Sections 3-214 to 3-219 in using force upon or toward the person

of another but he/she recklessly or negligently injures or creates a risk of injury to innocent

persons, the justification afforded by those sections is unavailable in a prosecution for such

recklessness or negligence towards innocent persons. [TCR 86-79]

3-221 Justification in property crimes. Conduct involving the appropriation, seizure or destruction of,

damage to, intrusion on or interference with property is justifiable under circumstances which would

establish a defense of privilege in a civil action based thereon, unless:

Sections 3-212 to 3-222, or the law defining the offense deals with the specific situation involved;

A legislative purpose to exclude the justification claimed otherwise plainly appears. [TCR 86-79]

3-222 Justification an affirmative defense; civil remedies unaffected.

In any prosecution based on conduct which is justifiable under Sections 3-212 to 3-222,

justification is an affirmative defense.

The fact that conduct is justifiable under Sections 3-212 to 3-222, does not abolish or impair any

remedy for such conduct which is available in any civil action. [TCR 86-79]

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TITLE 3

ARTICLE 3

CRIMES AGAINST PROPERTY

3-301

3-302

3-303

3-304

3-305

3-306

3-307

3-308

3-309

3-310

3-311

3-312

3-313

3-314

3-315

3-316

3-317

3-318

3-319

3-320

3-321

3-322

3-323

3-324

3-325

3-326

3-327

Building defined.

Arson, first degree; penalty.

Arson, second degree; penalty.

Arson, third degree; penalty.

Burning to defraud insurer; penalty.

Burglary; penalty.

Possession of burglary tools; penalty.

Breaking and entering; penalty.

Theft; terms defined.

Consolidation of theft offenses.

Theft by unlawful taking or disposition.

Theft by shoplifting; penalty.

Theft by deception.

Theft by extortion.

Theft of property lost, mislaid, delivered by

mistake; penalty.

Theft of services; penalty.

Unauthorized use of a propelled vehicle;

affirmative defense; penalty.

Theft by receiving stolen property.

Grading of theft offenses.

Criminal mischief; penalty.

Criminal trespass; penalty.

Repealed.

Criminal trespass, affirmative defenses.

Littering of public and private property;

penalty.

Forgery; terms defined.

Forgery, first degree; penalty.

Forgery, second degree; forgery penalties.

3-328 Criminal

possession of a

forged

instrument; penalty.

3-329 Criminal possession of forgery devices;

penalty.

3-330 Criminal simulation; penalty.

3-331 Criminal impersonation; penalty.

3-332 Issuing a bad check; penalty.

3-333 False statement or book entry; destruction

secretion of records;

penalty;

organization defined.

3-334 Commercial bribery and breach of duty to

act disinterestedly; penalty.

3-335 Fraudulent use of credit card; penalty.

3-336 Deceptive business practices; penalty.

3-337 Defrauding creditors; penalty.

3-338 Securing execution of documents by

deception; penalty.

3-339 Criminal usury; penalty.

3-340 Unlawful dealing with property by a

fiduciary; penalty.

3-341 Making a false credit report; penalty.

3-342 Computers; terms defined.

3-343 Depriving or obtaining property or

services; penalty.

3-344 Unlawful acts; harming or disrupting

operations; penalties.

3-345 Unlawful acts; obtaining confidential

public information; penalties.

3-346 Unlawful acts; access without

authorization; exceeding

authorization; penalties.

3-301 Building defined. As used in this Article, unless the context otherwise requires, building shall

mean a structure which has the capacity to contain, and is designed for the shelter of man, animals, or

property, and includes ships, trailers, sleeping cars, aircraft, or other vehicles or places adapted for

overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a

person or animal is actually present. If a building is divided into units for separate occupancy, any unit not

occupied by the defendant is a building of another. [TCR 86-79]

3-302 Arson, first degree; penalty.

A person commits arson in the first degree if he/she intentionally damages a building by starting a

fire or causing an explosion when another person is present in the building at the time and either:

The actor knows that fact; or

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The circumstances are such as to render the presence of a person therein a reasonable

probability.

A person commits arson in the first degree if a fire is started or an explosion is caused in the

perpetration of any robbery, burglary, or criminal mischief when another person is present in the

building at the time and either:

The actor knows that fact; or

The circumstances are such as to render the presence of a person therein a reasonable

probability.

Arson in the first degree is a Class I offense. [TCR 86-79]

3-303 Arson, second degree; penalty.

A person commits arson in the second degree if he/she intentionally damages a building by starting

a fire or causing an explosion or if a fire is started or an explosion is caused in the perpetration of

any robbery, burglary, or criminal mischief.

The following affirmative defenses may be introduced into evidence upon prosecution for a

violation of this Section:

No person other than the accused has a security or proprietary interest in the damaged

building, or, if other persons have such interests, all of them consented to his/her conduct;

The accused’s sole intent was to destroy or damage the building for a lawful and proper

purpose.

Arson in the second degree is a Class II offense. [TCR 86-79]

3-304 Arson, third degree; penalty.

A person commits arson in the third degree if he/she intentionally sets fire to, burns, causes to be

burned, or by the use of any explosive, damages or destroys, any property of another without

his/her consent, other than a building or occupied structure.

Arson in the third degree is a Class III offense. [TCR 86-79]

3-305 Burning to defraud insurer; penalty. Any person who, with the intent to deceive or harm an

insurer, sets fire to or burns or attempts so to do, or who causes to be burned, or who aids, counsels or

procures the burning of any building or personal property, of whatsoever class or character, whether the

property is of him/herself or of another, which shall at the time be insured by any person, company or

corporation against loss or damage by fire, commits a Class I offense. [TCR 86-79]

3-306 Burglary; penalty.

A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters

any real estate or any improvements erected thereon with intent to commit any criminal offense, or

with intent to steal property of any value.

Burglary is a Class I offense. [TCR 86-79]

3-307 Possession of burglary tools; penalty.

A person commits the offense of possession of burglary tools if:

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He/she knowingly possesses any explosive, tool, instrument, or other article adapted,

designed, or commonly used for committing or facilitating the commission of an offense

involving forcible entry into premises or theft by a physical taking; and

He/she intends to use the explosive, tool, instrument, or article, or knows some person

intends ultimately to use it, in the commission of an offense of the nature described in

subdivision (1)(A) of this Section.

Possession of burglary tools is a Class III offense. [TCR 86-79, 89-87]

3-308 Breaking and entering; penalty.

It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling,

building, office, room, pol-do stable, garage, tent, vessel, apartment, tenement, chee-poda-ke, shop,

warehouse, store, mill, barn, railroad car, airplane, motor vehicle, trailer or semi-trailer, mobile

home, trunk, drawer, box, coin operated machine, or similar structure, object, or device of another

without consent with the intent to:

Cause annoyance or injury to any person therein; or

Cause damage to any property therein; or

Commit any offense therein; or

Steal; or

Cause, or does actually cause, whether intentionally or recklessly, fear for the safety or

another.

Breaking and entering is Class III offense. [TCR 86-79]

3-309 Theft; terms defined. As used in Sections 3-309 to 3-319, unless the context otherwise requires:

“Deprive” shall mean:

To withhold property of another permanently or for so extended a period as to appropriate

a major portion of its economic value, or with intent to restore only upon payment of

reward or other compensation; or

To dispose of the property of another so as to create a substantial risk that the owner will

not recover it in the condition it was when the actor obtained it.

“Financial institution” shall mean a bank, insurance company, credit union, building and loan

association, investment trust, or other organization held out to the public as a place of deposit of

funds or medium of savings or collective investment;

“Movable property” shall mean property the location of which can be changed, including things

growing on, affixed to, or found in land, and documents although the rights represented thereby

may have no physical location. Immovable property shall mean all other property.

“Obtain” shall mean:

In relation to property, to bring about a transfer or purported transfer of a legal interest in

the property, whether to the obtainer or another; or

In relation to labor or service, to secure performance thereof.

“Property” shall mean anything of value, including real estate, tangible and intangible personal

property, contract rights, credit cards, charge plates, or any other instrument which purports to

evidence an undertaking to pay for property or services delivered or rendered to or upon the order

of a designated person or bearer, chooses in action and other interests in or claims to wealth,

admission or transportation tickets, captured or domestic animals, food and drink, electric or other

power;

“Property of another” shall mean property in which any person other than the actor has an interest

which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest

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in the property and regardless of the fact that the other person might be precluded from civil

recovery because the property was used in an unlawful transaction or was subject to forfeiture as

contraband. Property in possession of the actor shall not be deemed property of another who has

only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales

contract or other security agreement;

“Receiving” shall mean acquiring possession, control or title, or lending on the security of the

property, and

“Stolen” shall mean property which has been the subject of theft or robbery or a vehicle which is

received from a person who is then in violation of Section 3-318. [TCR 86-79]

3-310 Consolidation of theft offenses. Conduct denominated theft in Sections 3-309 to 3-319

constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement,

false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like. An

accusation of theft may be supported by evidence that it was committed in any manner that would be theft

under Sections 3-309 to 3-319, notwithstanding the specification of a different manner in the indictment or

information, subject only to the power of the court to insure fair trial by granting a continuance or other

appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by

surprise. [TCR 86-79]

3-311 Theft by unlawful taking or disposition.

A person is guilty of theft if he/she takes, or exercises control over, movable property of another

with the intent to deprive him/her thereof.

A person is guilty of theft if he/she transfers immovable property of another or any interest therein

with the intent to benefit him/herself or another not entitled thereto.

For the purposes of this Section, it shall be presumed that a lessee’s failure to return leased or

rented movable property to the lessor after the expiration of a written lease or written rental

agreement is done with intent to deprive if such lessee has been mailed notice by certified mail that

such lease or rental agreement has expired and he/she has failed within ten (10) days after such

notice to return such property. [TCR 86-79]

3-312 Theft by shoplifting: penalty.

A person commits the crime of theft by shoplifting when he/she, with the intent of appropriating

merchandise to his/her own use without paying for the same or to deprive the owner of possession

of such property or its retail value, in whole or in part, does any of the following:

Conceals or takes possession of the goods or merchandise of any store or retail

establishment;

Alters the price tag or other price marking on goods or merchandise of any store or retail

establishment;

Transfers the goods or merchandise of any store or retail establishment from one container

to another;

Interchanges the label or price tag from one item of merchandise with a label or price tag

for another item of merchandise; or

Causes the cash register or other sales recording device to reflect less than the retail price

of the merchandise. [TCR 86-79]

3-313 Theft by deception. A person commits theft if he/she obtains property of another by deception. A

person deceives if he/she intentionally:

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Creates or reinforces a false impression, including false impressions as to law, value, intention, or

other state of mind; but deception as to a person’s intention to perform a promise shall not be

inferred from the fact alone that he/she did not subsequently perform the promise; or

Prevents another from acquiring information which would affect his/her judgment of transaction;

Fails to correct a false impression which the deceiver previously created or reinforced, or which the

deceiver knows to be influencing another to whom he/she stands in a fiduciary or confidential

relationship; or

Uses a credit card, charge plate, or any other instrument which purports to evidence an undertaking

to pay for property or services delivered or rendered to or upon the order of a designated person or

bearer:

Where such instrument has been stolen, forged, revoked or canceled, or where for any

other reason its use by the actor is unauthorized; or

Where the actor does not have the intention and ability to meet all obligations to the issuer

arising out of his/her use of the instrument. The word deceive does not include falsity as to

matter having no pecuniary significance, or statements unlikely to deceive ordinary persons

in the group addressed. [TCR 86-79]

3-314 Theft by extortion.

A person commits theft if he/she obtains property of another by threatening to:

Inflict bodily injury on anyone or commit any other criminal offense; or

Accuse anyone of a criminal offense; or

Expose any secret tending to subject any person to hatred, contempt or ridicule, or to

impair his/her credit or business repute; or

Take or withhold action as an official, or cause an official to take or withhold action; or

Bring about or continue a strike, boycott, or other collective unofficial action, if the

property is not received for the benefit of group in whose interest the actor purports to act;

Testify or provide information or withhold testimony or information with respect to

another’s legal claim or defense.

It is an affirmative defense to prosecution based on subdivision (1)(B), (1)(C), or (1)(D) of

this Section that the property obtained by threat of accusation, exposure, lawsuit or other

invocation of official action was honestly claimed as restitution or indemnification for

harm done in the circumstances to which such accusation, exposure, lawsuit or other

official action relates, or as compensation for property or lawful services. [TCR 86-79]

3-315 Theft of property lost, mislaid, or delivered by mistake; penalty. A person who comes into

control of property of another that he/she knows to have been lost, mislaid, or delivered under a mistake as

to the nature or amount of the property or the identity of the recipient commits theft if, with intent to

deprive the owner thereof, he/she fails to take reasonable measures to restore the property to a person

entitled to have it. Any person violating the provisions of this Section shall upon conviction thereof, be

punished by the penalty prescribed in the next lower classification below the value of the item lost, mislaid,

or delivered under mistake pursuant to Section 3-319. [TCR 86-79]

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3-316 Theft of services; penalty.

A person commits theft if he/she obtains services which he/she knows are available only for

compensation, by deception or threat, or by false token or other means to avoid payment for the

service. Services include labor, professional service, telephone service, electric service, other

public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, and

use of vehicles or other movable property. Where compensation for service is ordinarily paid

immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to

pay or absconding without payment or offer to pay gives rise to a presumption that the service was

obtained by deception as to intention to pay.

A person commits theft if having control over the disposition of services of others, to which he/she

is not entitled, he/she diverts such services to his/her own benefit or to the benefit of another not

entitled thereto.

Any person who makes or possesses any device, instrument, apparatus, or equipment designed or

which can be used to obtain telecommunications service fraudulently or to conceal from any

supplier of telecommunications service or from any lawful authority the existence or place of origin

or of destination of any telecommunication; or who sells, gives or otherwise transfers to another, or

offers or advertises for sale, any such device, instrument, apparatus, or equipment, or plans or

instructions for making or assembling the same, under circumstances evincing an intent to use or

employ such device, instrument, apparatus, or equipment, or to allow the same to be used or

employed, for a purpose described in this subsection, or knowing or having reason to believe that

the same is intended to be used, or that the plans or instructions are intended to be used, for making

or assembling such device, instrument, apparatus, or equipment is guilty of a Class II offense.

[TCR 86-79]

3-317 Unauthorized use of a propelled vehicle; affirmative defense; penalty.

A person commits the offense of unauthorized operation of a propelled vehicle if he/she

intentionally exerts unauthorized control over another’s propelled vehicle by operating the same

without the owners consent.

Propelled vehicle shall mean an automobile, airplane, motorcycle, motorboat, or other selfpropelled vehicle.

It shall be an affirmative defense to a prosecution under this Section that the defendant reasonably

believes the owner would have authorized the use had he/she known of it.

In addition to the penalty for a Class III offense, the offender shall be required to make restitution

in the amount of damages sustained while the vehicle was in the custody, possession, or under the

control of the offender. [TCR 86-79]

3-318 Theft by receiving stolen property. A person commits theft if he/she receives, retains, or

disposes of stolen movable property of another knowing that it has been stolen, or believing that it has been

stolen, unless the property is received, retained, or disposed with intention to restore it to the owner.

[TCR 86-79]

3-319 Grading of theft offenses.

Theft constitutes a Class I offense when the value of the thing involved is over five thousand

dollars ($5,000.00).

Theft constitutes a Class II offense when the value of the thing involved is one thousand dollars

($1,000.00) or more, but not over five thousand dollars ($5,000.00).

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Theft constitutes a Class III offense when the value of the thing involved is less than one thousand

dollars ($1,000.00). [TCR 86-79, 89-87]

3-320 Criminal mischief; penalty.

A person commits criminal mischief if he/she:

Damages property of another intentionally or recklessly; or

Intentionally tampers with property of another so as to endanger person or property; or

Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.

Criminal mischief is a Class I offense if the actor intentionally causes pecuniary loss in excess of

five thousand dollars ($5,000.00), or a substantial interruption or impairment of public

communication, transportation, supply of water, gas or power, or other public service.

Criminal mischief is a Class II offense if the actor intentionally causes pecuniary loss in excess of

one thousand dollars ($1,000.00), but not over five thousand dollars ($5,000.00).

Criminal mischief is a Class III offense if the actor intentionally or recklessly causes pecuniary loss

in an amount of one thousand dollars ($1,000.00) or less, or if his/her action results in no pecuniary

loss. [TCR 86-79, 89-87]

3-321 Criminal trespass; penalty.

A person commits the offense of criminal trespass if, knowing that he/she is not licensed or

privileged to do so, he/she enters or secretly remains in any building or occupied structure, or any

separately secured or occupied portion thereof; or

If, knowing he/she is not licensed or privileged to do so, he/she enters or remains in any place as to

which notice against trespass is given by:

Actual communication to the actor; or

Posting in a manner prescribed by law or reasonably likely to come to the attention of

intruders; or

Fencing or other enclosure manifestly designed to exclude intruders.

A person banished by the Tribal Council or Court Order who enters onto the Winnebago

Reservation shall constitute criminal trespass:

Unless such entry is made pursuant to a valid Limited Authorization issued by a duly

authorized Approving Official and all conditions for said Limited Authorization are strictly

followed;

Prior to entry onto the Reservation, the banished person shall cause to be served on the

Police Department and have on his/her person at all times while on the Reservation a copy

of the Limited Authorization.

"Banishment" means a civil sanction imposed by the Tribal Council or Tribal Court that requires

an individual to leave the Tribe's Reservation and prohibits that individual from returning, either

permanently or for a specified period of time, absent authorization:

The Tribal Council Chairperson or his/ her designee is authorized for good cause to issue a Limited

Authorization to enter the Reservation for specific purposes, locations, dates, and times; pursuant

to policy and regulations the Council adopts, and

Criminal trespass is a Class III offense. [TCR 86-79, 89-87, 26-120]

3-322 REPEALED. [TCR 86-79, 89-87]

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3-323 Criminal trespass; affirmative defenses. It is an affirmative defense to prosecution under Section

3-321 that:

A building or occupied structure involved in an offense under Section 3-321 was abandoned; or

The premises were at the time open to members of the public and the actor complied with all lawful

conditions imposed on access to or remaining in the premises; or

The actor reasonably believed that the owner of the premises or other person empowered to license

access thereto would have licensed him/her to enter or remain; or

The actor was in the process of navigating or attempting to navigate with a non-powered vessel any

stream or river on this reservation and found it necessary to portage or otherwise transport the vessel

around any fence or obstructions in such stream or river. [TCR 86-79]

3-324 Littering of public and private property; penalty.

Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or

private property, or in any waters, commits the offense of littering unless:

Such property is an area designated by law for the disposal of such material and such

person is authorized by the proper public authority to so use such property; or

Such person is authorized by the owner of the private property to use such property for

such purpose.

The word litter as used in this Section shall mean all waste material susceptible of being dropped,

deposited, discarded, or otherwise disposed of by any person upon any property on the reservation,

but does not include wastes of primary processes of farming or manufacturing. Waste material as

used in this subsection shall mean any material appearing in a place or in a context not associated

with that material’s function or origin.

Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle or watercraft in

violation of this Section, the operator of such motor vehicle or watercraft commits the offense of

littering.

Littering is an infraction. [TCR 86-79, 89-87]

3-325 Forgery; terms defined. As used in Sections 3-325 to 3-334, unless the context otherwise

requires:

“Written instrument” shall mean any paper, document, or other instrument containing written or

printed matter used for purposes of reciting, embodying, conveying, or recording information, and

any money, credit card, token, stamp, seal, badge, trade-mark, or any evidence or symbol of value,

right, privilege, or identification which is capable of being used to the advantage or disadvantage

of some person;

“Complete written instrument” shall mean a written instrument which purports to be genuine and

fully drawn with respect to every essential feature thereof;

Incomplete written instruments shall mean one which contains some matter by way of content or

authentication but which requires additional matter in order to render it a complete written

instrument;

“To falsely make written instruments” shall mean to make or draw a written instrument, whether

complete or incomplete, which purports to be an authentic creation of its ostensible maker, but

which is not, either because the ostensible maker is fictitious or because, if real, he/she did not

authorize the making or the drawing thereof;

“To falsely complete a written instrument” shall mean to transform an incomplete written

instrument into a complete one by adding, inserting, or changing matter without the authority of

anyone entitled to grant such authority, so that the complete written instrument falsely appears or

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purports to be in all respects an authentic creation of or fully authorized by its ostensible maker;

“To falsely alter a written instruments” shall mean to change a written instrument without the

authority of anyone entitled to grant such authority, whether it be in complete or incomplete form,

by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or by

any other means, so that such instrument in its thus altered form falsely appears or purports to be

in all respects an authentic creation of or fully authorized by its ostensible maker;

“Forged instrument” shall mean a written instrument which has been falsely made, completed,

endorsed or altered. The terms forgery and counterfeit and their variants are intended to be

synonymous in legal effect as used in this Article;

“Possess” shall mean to receive, conceal, or otherwise exercise control over; and

“Utter” shall mean to issue, authenticate, transfer, sell, transmit, present, use, pass, or deliver, or to

attempt or cause such uttering. [TCR 86-79]

3-326 Forgery, first degree; penalty. A person commits forgery in the first degree if, with intent to

deceive or harm, he/she falsely makes, completes, endorses, alters, or utters a written instrument which is

or purports to be, or which is calculated to become or to represent if completed:

Part of an issue of money, stamps, securities, or other valuable instruments issued by a government

or governmental agency; or

Part of an issue of stock, bonds, bank notes, or other instruments representing interests in or claims

against a corporate or other organization or its property. [TCR 86-79, 89-87]

3-327 Forgery, second degree; forgery penalties.

Whoever, with intent to deceive or harm, falsely makes, completes, endorses, alters, or utters any

written instrument which is or purports to be, or which is calculated to become or to represent if

completed, a written instrument which does or may evidence, create, transfer, terminate, or

otherwise affect a legal right, interest, obligation, or status, commits forgery in the second degree.

Forgery is a Class I offense when the face value, or purported face value, or the amount of any

proceeds wrongfully procured or intended to be procured by the use of such instrument, is more

than five thousand dollars ($5,000.00).

Forgery is a Class II offense when the face value or amount of proceeds exceeds one thousand

dollars ($1,000.00) but is not over five thousand dollars ($5,000.00).

Forgery is a Class III offense when the face value or amount of proceeds is one thousand dollars

($1,000.00) or less. [TCR 86-79, 89-87]

3-328 Criminal possession of a forged instrument; penalty.

Whoever, with knowledge that it is forged and with intent to deceive or harm, possesses any forged

instrument covered by Section 3-326 or 3-327 commits criminal possession of a forged instrument

shall be penalized according to Section 3-327 and the value of the instrument or proceeds of a

purported instrument. [TCR 86-79, 89-87]

3-329 Criminal possession of forgery devices; penalty.

A person commits criminal possession of forgery devices when:

He/she makes or possesses with knowledge of its character any plate, die, or other device,

apparatus, equipment, or article specifically designed for use in counterfeiting, unlawfully

simulating, or otherwise forging written instruments; or

He/she makes or possesses any device, apparatus, equipment, or article capable of or

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adaptable to a use specified in subsection (1)(A) of this Section, with intent to use it

him/herself, or to aid or permit another to use it, for purposes of forgery; or

Illegally possesses a genuine plate, die or other device used in the production of written

instruments, with intent to deceive or harm.

Criminal possession of forgery devices is a Class II offense. [TCR 86-79]

3-330 Criminal simulation; penalty.

A person commits a criminal simulation when:

With intent to deceive or harm, he/she makes, alters, or represents an object in such fashion

that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition

which it does not in fact have; or

With knowledge of its true character and with intent to use to deceive or harm, he/she

utters, misrepresents, or possesses any object so simulated.

Criminal simulation is a Class II offense. [TCR 86-79]

3-331 Criminal impersonation; penalty.

A person commits the crime of criminal impersonation if he/she:

Assumes a false identity and does an act in his/her assumed character with intent to gain a

pecuniary benefit for him/herself or another, or to deceive or harm another; or

Pretends to be representative of some person or organization and does an act in his/her

pretended capacity with the intent to gain a pecuniary benefit for him/herself or another,

and to deceive or harm another; or

Carries on any profession, business, or any other occupation without a license, certificate,

or other authorization required by law.

Criminal impersonation is a Class I offense. [TCR 86-79]

3-332 Issuing a bad check; penalty.

Whoever obtains property, services, or present value of any kind by issuing or passing a check or

similar signed order for the payment of money, knowing that he/she has no account with the drawee

at the time the check or order is issued, or, if he/she has such an account, knowing that he/she does

not have sufficient funds in, or credit with, the drawee for the payment of such check or order in

full upon its presentation, commits the offense of issuing a bad check.

Upon request of the depositor and the payment of seven dollars ($7.00) for each check, draft, order

or assignment of funds, the Tribal prosecutor shall mail notice to the person issuing the check or

order at his/her last known address that such check or order has been returned to the depositor. The

seven dollar ($7.00) payment shall be payable to the Tribal Court.

In any prosecution where the person issuing the check has an account with the drawee, he/she shall

be presumed to have known that he/she did not have sufficient funds in, or credit with, the drawee

for the payment of such check or order in full upon its presentation, if, within thirty days after

issuance of the check or order, he/she has been notified that the drawee refused payment for lack of

funds and he/she has failed within ten days after such notice to make the check good or has failed

to make the check good within ten days of notice by mail from the Tribal prosecutor.

Offenses under this Section shall be classified as follows:

Issuing a bad check is a Class I offense when the value of the insufficient amount is over

five thousand dollars ($5,000.00).

Issuing a bad check is a Class II offense when the value of the insufficient amount is one

thousand dollars ($1,000.00) or more, but not over five thousand dollars ($5,000.00).

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Issuing a bad check is a Class III offense when the value of the insufficient amount is less

than one thousand dollars ($1,000.00).

Any person convicted of violating this Section may, in addition to being fined or imprisoned, be

ordered to make restitution to the party injured for the value of the check, draft, order, or assignment

of funds and any costs of filing with the Tribal prosecutor. If the court shall in addition to sentencing

any person to imprisonment under this Section also enter an order of restitution, the time permitted

to make such restitution shall not be concurrent with the sentence of imprisonment.

The fact that restitution to the party injured has been made shall be a mitigating factor in the

imposition of punishment for any violation of this Section. [TCR 86-79, 89-87]

3-333 False statement or book entry; destruction or secretion of records; penalty; organization,

defined.

A person commits a Class I offense if he/she:

Willfully and knowingly subscribes to, makes, or causes to be made any false statement or

entry in the books of an organization; or

Knowingly subscribes to or exhibits false papers with the intent to deceive any person or

persons authorized to examine into the affairs of any such organization; or

Makes, states, or publishes any false statement of the amount of the assets or liabilities of

any such organization; or

Fails to make true and correct entry in the books and records of such organization of its

business and transactions; or

Mutilates, alters, destroys, secrets, or removes any of the books or records of such

organization, without the consent of the executive director of the organization.

Organization as used in this Section shall mean:

Any organization chartered by the Winnebago Tribe of Nebraska; or

Any organized group of persons performing community activities as approved by the

Winnebago Tribe of Nebraska; or

The various committees authorized to conduct specified projects on behalf of the

Winnebago Tribe of Nebraska. [TCR 86-79]

3-334 Commercial bribery and breach of duty to act disinterestedly; penalty.

A person commits a Class I offense if he/she solicits, accepts, or agrees to accept any benefit as

consideration for knowingly violating or agreeing to violate a duty of fidelity to which he/she is

subject as:

Agent or employee; or

Trustee, guardian, or other fiduciary; or

Lawyer, physician, accountant, appraiser, or other professional advisor; or

Officer, director, partner, manager, or other participant in the direction of the affairs of an

incorporated or unincorporated association; or

Duly elected or appointed representative or trustee of a labor organization or employee of

a welfare trust fund; or

Arbitrator or other purportedly disinterested adjudicator or referee.

A person who holds him/herself out to the public as being engaged in the business of making

disinterested selection, appraisal, or criticism of commodities, property, or services, commits a

Class I offense if he/she solicits, accepts, or agrees to accept any benefit to alter, modify, or change

his/her selection, appraisal, or criticism.

A person commits a Class I offense if he/she confers or offers or agrees to confer any benefit the

acceptance of which would be an offense under subsection (1) or (2) of this Section. [TCR 86-79]

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3-335 Fraudulent use of a credit card; penalty.

It shall be unlawful to use a credit card for the purpose of obtaining property or services with

knowledge that:

The card is stolen; or

The card has been revoked or canceled; or

For any other reason his/her use of the credit card is unauthorized by either the issuer or

the person to whom the card has been issued.

Fraudulent use of a credit card is a Class I offense. Restitution shall be required. [TCR 86-79]

3-336 Deceptive business practices; penalty.

It shall be unlawful, in the course of business, to intentionally:

Use or possess for use a false weight or measure, or any other device for falsely

determining or recording any quality or quantity; or

Sell, offer, or expose for resale, or deliver less than the represented quality or quantity of

any commodity or service; or

Take or attempt to take more than the represented quantity of any commodity or service

when as buyer he/she furnishes the weight or measure; or

Sell, offer or expose for sale adulterated or mislabeled commodities:

“Adulterated” means varying from the standard of composition or quality

prescribed by law or commercial usage;

ii.

“Mislabeled” means varying from the standard of truth of disclosure in labeling

prescribed by law or commercial usage; or

Make a substantial false or misleading statement in any advertisement addressed to the

public or a substantial segment thereof for the purpose of promoting the purchase or sale

of property or services; or

Make a false or misleading statement for the purpose of obtaining property or credit; or

Make a false or misleading written statement for the purpose of promoting the sales of

securities, or omit information required by law to be disclosed in written documents

relating to securities.

Deceptive business practices is a Class II offense.

It is an affirmative defense that the defendants conduct was not knowingly or recklessly deceptive.

[TCR 86-79]

3-337 Defrauding creditors; penalty.

It shall be unlawful to:

Destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a

security interest with the intent to hinder enforcement of that interest; or

Deal with property with the intent to defeat or obstruct the operation of any law relating to

administration of property for the benefit of creditors; or knowingly falsify any writing or

record relating to the property; knowingly misrepresent or refuse to disclose to a person

entitled to administer property for the benefit of creditors, the existence, amount or location

of the property or any other information which the actor could be legally required to furnish

in relation to such administration.

Defrauding creditors is a Class II offense. [TCR 86-79]

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3-338 Securing execution of documents by deception; penalty.

It shall be unlawful to intentionally, and by deception, cause another to execute any instrument

affecting or likely to affect the pecuniary interest of another.

Securing execution of documents by deception is a Class II offense. [TCR 86-79]

3-339 Criminal usury; penalty.

It shall be unlawful to intentionally provide financing or make loans at a rate of interest higher than

the following:

If the amount to which the interest applies is less than one hundred dollars ($100.00) or the

period of the loan for financing is less than one year, or both, the rate of interest shall not

exceed a twenty four percent per annum simple interest rate.

If the amount to which the interest applies is greater than one hundred dollars ($100.00) or

the period of the loan for financing is greater than one year, or both, the rate of interest

shall not exceed an eighteen percent per annum simple interest rate.

Criminal usury is a Class II offense. The victim shall be entitled to restitution for double the actual

amount of interest which was actually paid and cancellation of all interest owing for the term of the

financing. [TCR 86-79]

3-340 Unlawful dealing with property by a fiduciary; penalty.

It shall be unlawful to knowingly deal with property that has been entrusted to one in a fiduciary

capacity, or property of the Tribe, of government or of a financial institution, in a manner which

he/she knows is a violation of his/her fiduciary duty, or which involves a substantial risk of loss to

the owner or to a person for whose benefit the property was entrusted.

As used in this Section, “fiduciary” includes a trustee, guardian, executor, administrator, receiver

or any person carrying on fiduciary functions on behalf of a corporation or other organization which

is a fiduciary.

Unlawful dealing with property by a fiduciary is a Class I offense. [TCR 86-79]

3-341 Making a false credit report; penalty.

It shall be unlawful to knowingly make a materially false or misleading statement to obtain property

or credit for oneself or another or to keep some other person from obtaining credit.

Making a false credit report is a Class II offense. [TCR 86-79]

3-342 Computers; terms defined.

otherwise requires:

For purposes of Sections 3-342 to 3-346, unless the context

“Access” shall mean to instruct, communicate with, store data in, retrieve data frame, or otherwise

use the resources of a computer or computer network;

“Computer” shall mean a high-speed data processing device or system which performs logical

arithmetic data storage and retrieval, communication, or control functions and includes any input,

output, data storage processing, or communication facilities directly related to or operating in

conjunction with any such device or system;

“Computer networks” shall mean the interconnection of communication links with a computer or

an interconnection of computers which communicate with each other;

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“Computer programs” shall mean a set of instructions, statements, or related data that directs or is

intended to direct the computer to perform certain specified functions;

“Data” shall mean a representation of information, facts, knowledge, concepts, or instructions

prepared in formalized or other manner and intended for use in a computer or computer network;

“Property” shall mean any tangible or intangible thing of value and shall include, but not be limited

to, financial instruments, data, computer programs, information, computer-produced or stored data,

supporting documentation, or data in transit, whether in human or computer readable form; and

“Service” shall mean use of a computer or computer network including but not limited to data

processing and storage function, computer programs, or data. [TCR 86-79]

3-343 Depriving or obtaining property or services; penalty. Any person who intentionally accesses or

causes to be accessed, directly or indirectly, any computer or computer network without authorization or

who, having accessed any computer or computer network with authorization, knowingly and intentionally

exceeds the limits of such authorization shall be guilty of a Class I offense if he/she intentionally:

Deprives another of property or services; or

Obtains property or services of another. [TCR 86-79]

3-344 Unlawful acts; harming or disrupting operations; penalties. Any person who accesses or causes

to be accessed any computer or computer network without authorization or who, having accessed any

computer or computer network with authorization, knowingly and intentionally exceeds the limits of such

authorization shall be guilty of a Class I offense if he/she intentionally:

Alters, damages, deletes, or destroys any computer, computer network, computer program, data, or

other property; or

Disrupts the operations of any computer or computer network. [TCR 86-79]

3-345 Unlawful acts; obtaining confidential public information; penalties. Any person who

intentionally accesses or causes to be accessed any computer or computer network without authorization,

knowingly and intentionally exceeds the limits of such authorization, and thereby obtains information filed

by the public with the Tribe or any department or committee of the Tribe which is required by statute or

ordinance to be kept confidential shall be guilty of a Class II offense. For any second or subsequent offense

under this Section, such person shall be guilty of a Class I offense. [TCR 86-79, 93-84]

3-346 Unlawful acts; access without authorization; exceeding authorization; penalties. Any person

who intentionally accesses any computer, computer program or data without authorization and with

knowledge that such access was not authorized or who, having accessed any computer or computer network

with authorization, knowingly or intentionally exceeds the limits of such authorization shall be guilty of a

Class II offense. For any second or subsequent offense under this Section, such person shall be guilty of a

Class I offense. [TCR 86-79, 89-87]

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TITLE 3

ARTICLE 4

CRIMES AGAINST THE PERSON

3-401 Compounding a criminal offense, defined; 3-416 Sexual assault; legislative intent.

penalty.

3-417 Sexual assault; terms defined.

3-402 Homicide; terms defined.

3-418 Sexual assault; first degree; penalty.

3-403 Murder in the first degree; penalty.

3-419 Sexual assault; second degree; penalty.

3-404 Murder in the second degree; penalty.

3-420 Sexual assault; in camera hearing.

3-405 Manslaughter; penalty.

3-421 Sexual assault; evidence of past sexual

3-406 Motor vehicle homicide; penalty.

behavior; when admissible; procedure.

3-407 Assisting suicide, defined; penalty.

3-422 Sexual assault; evidence against another

3-408 Assault in the first degree; penalty.

Person; when admissible

3-409 Assault in the second degree; penalty.

3-423 Confined person; offenses against

3-409.5 Simple assault; penalty.

another person; penalty; sentence.

3-410 Terroristic threats; penalty.

3-424 Robbery; penalty.

3-411 Restrain, abduct; defined.

3-425 Stalking.

3-412 Kidnapping; penalty.

3-426 Strangling.

3-413 False imprisonment in the first degree;

3-427 Suffocating.

penalty.

3-428 Domestic Violence.

3-414 False imprisonment in the second degree;

3-429 Family Violence.

penalty.

3-430 Crime involving domestic or family

3-415 Violation of custody; penalties.

violence.

3-401 Compounding a criminal offense, defined; penalty.

A person is guilty of compounding a criminal offense if he/she accepts or agrees to accept any

pecuniary benefit or other reward or promise thereof, as consideration for:

Refraining from seeking prosecution of an offender; or

Refraining from reporting to law enforcement authorities the commission of any criminal

offense or information relating to a criminal offense.

It is an affirmative defense to prosecution under this Section that the benefit received by the

defendant did not exceed an amount which the defendant reasonably believed to be due him/her as

restitution for harm caused by the crime.

Compounding a criminal offense is a Class II offense. [TCR 86-79]

3-402 Homicide; terms defined. As used in Sections 3-402 to 3-406 unless the context otherwise

requires:

Homicide shall mean the killing of a person by another.

Person, when referring to the victim of a homicide, shall mean a human being who had been born

and was alive at the time of the homicidal act; and

Premeditation shall mean a design formed to do something before it is done. [TCR 86-79]

3-403 Murder in the first degree; penalty. A person commits murder in the first degree if he/she kills

another person:

Purposely and with deliberate and premeditated malice; or

In the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery,

kidnapping, hijacking of any public or private means of transportation, or burglary; or

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By administering poison or causing the same to be done; or if by willful and corrupt perjury or

subornation of the same he/she purposely procures the conviction and execution of any innocent

person.

Murder in the first degree is a Class I offense. [TCR 86-79]

3-404 Murder in the second degree; penalty.

A person commits murder in the second degree if he/she causes the death of a person intentionally,

but without premeditation.

Murder in the second degree is a Class I offense. [TCR 86-79]

3-405 Manslaughter; penalty.

A person commits manslaughter if he/she kills another without malice, either upon a sudden

quarrel, or causes the death of another unintentionally while in the commission of an unlawful act.

Manslaughter is a Class I offense. [TCR 86-79]

3-406 Motor vehicle homicide; penalty.

A person who causes the death of another unintentionally while engaged in the operation of a motor

vehicle in violation of a Tribal law or in violation of any federal law commits the offense of motor

vehicle homicide.

A person is guilty of motor vehicle homicide if, while under the influence of an alcoholic beverage,

intoxicating liquor, a controlled substance, or any drug, to a degree which renders the person

incapable of safely driving a vehicle, he/she causes the death of another by operating a motor

vehicle in a reckless, negligent, or careless manner.

The presumptions established in the Nebraska Code regarding blood alcohol content are adopted

by reference and shall be applicable to this Section. Any chemical test administered to a defendant

shall be admissible in accordance with the rules of evidence.

Any person who operates or has in his/her actual physical control a motor vehicle upon a public

highway on this reservation shall be deemed to have given his/her consent to submit to a chemical

test of his/her blood, urine, or breath, for the purpose of determining the amount of alcohol content

in his/her body fluid.

For purposes of this Section, a motor vehicle is any self-propelled vehicle and includes, but is not

limited to, any automobile, truck, van, motorcycle, train, engine, water craft, aircraft or

snowmobile.

Motor vehicle homicide is a Class I offense. [TCR 86-79, 95-27]

3-407 Assisting suicide, defined; penalty.

A person commits assisting suicide when, with intent to assist another person in committing

suicide, he/she aids and abets him/her in committing or attempting to commit suicide.

Assisting suicide is a Class I offense. [TCR 86-79]

3-408 Assault in the first degree; penalty.

A person commits the offense of assault in the first degree if he/she:

Intentionally or knowingly causes serious bodily injury to another person; or

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WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 4

Intentionally or knowingly causes bodily injury to another person with a dangerous

instrument.

Assault in the first degree is a Class I offense. [TCR 86-79]

3-409 Assault in the second degree; penalty.

3-409.5

A person commits the offense of assault in the second degree if he/she:

Recklessly causes bodily injury to another; or with a dangerous instrument; or

Recklessly causes serious bodily injury to another person;

While during confinement or in legal custody of the Tribal or Bureau of Indian Affairs

police or in any jail, unlawfully strikes or wounds another.

Assault in the second degree is a Class II offense. [TCR 86-79, 89-87]

Simple assault; penalty.

A person commits the offense of simple assault if he/she:

Recklessly attempts to cause bodily injury to another, whether or not such injury results;

Threatens another in a menacing manner.

Simple assault is a Class III offense. [TCR 86-79, 89-87]

3-410 Terroristic threats; penalty.

A person commits terroristic threats if:

He/she threatens to commit any crime likely to result in death or serious physical injury to

another person or likely to result in substantial property damage to another person; or

He/she intentionally makes false statements with the intent of causing the evacuation of a

building, place of assembly, or facility of public transportation.

Terroristic threats are a Class I offense. [TCR 86-79]

3-411 Restrain, abduct; defined. As used in Sections 3-411 to 3-414, unless the context otherwise

requires:

Restrain shall mean to restrict a person’s movement in such a manner as to interfere substantially

with his/her liberty:

By means of force, threat, or deception; or

If the person is under the age of eighteen years or incompetent, without the consent of the

relative, person or institution having lawful custody of him/her.

Abduct shall mean to restrain a person with intent to prevent his/her liberation by:

Secreting or holding him/her in a place where he/she is not likely to be found; or

Endangering or threatening to endanger the safety of any human being. [TCR 86-79]

3-412 Kidnapping; penalty.

A person commits kidnapping if he/she abducts another or, having abducted another, continues to

restrain him/her with intent to do the following:

Hold him/her for ransom or reward; or

Use him/her as a shield or hostage; or

Terrorize him/her or a third person; or

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To facilitate commission of any offense or flight thereafter; or

Interfere with the performance of any government or political function.

Kidnapping is a Class I offense. [TCR 86-79}

3-413 False imprisonment in the first degree; penalty.

A person commits false imprisonment in the first degree if he/she knowingly restrains or abducts

another person:

Under terrorizing circumstances or under circumstances which expose the person to the

risk of serious bodily injury; or

With intent to hold him/her in condition of involuntary servitude.

This Section does not apply to protective custody as authorized under Section 3-712.

False imprisonment in the first degree is a Class I offense. [TCR 86-79]

3-414 False imprisonment in the second degree; penalty.

A person commits false imprisonment in the second degree if he/she knowingly restrains another

person without legal authority.

In any prosecution under this Section, it shall be an affirmative defense that the person restrained:

Was on or in the immediate vicinity of the premises of a retail mercantile establishment

and he/she was restrained for the purpose of investigation or questioning as to the

ownership of any merchandise; and

Was restrained in a reasonable manner and for not more than a reasonable time; and

Was restrained to permit such investigation or questioning by a police officer, or by the

owner of the mercantile establishment, his/her authorized employee or agent; and

That such police officer, owner, employee or agent had reasonable grounds to believe that

the person so detained was committing or attempting to commit theft of merchandise on the

premises; provided, nothing in this Section shall prohibit or restrict any person restrained

pursuant to this Section from maintaining any applicable civil remedy if no theft has

occurred.

This Section does not apply to protective custody as authorized under Section 3-712.

False imprisonment in the second degree is a Class III offense. [TCR 86-79, 89-87]

3-415 Violation of custody; penalties.

Any person, including a natural or foster parent, who, knowing that he/she has no legal right to do

so or, heedless in that regard, takes or entices any child under the age of eighteen years from the

custody of its parent having legal custody, guardian, or other lawful custodian commits the offense

of violation of custody.

Violation of custody is a Class III offense for a first offense. For all subsequent offenses violation

of custody shall be a Class II offense. [TCR 86-79, 89-87]

3-416 Sexual assault; legislative intent. It is the intent of the Winnebago Tribe of Nebraska to enact

laws dealing with sexual assault and related criminal sexual offenses which will protect the dignity of the

victim at all stages of judicial process, which will insure that the alleged offender in a criminal sexual

offense case have preserved the constitutionally guaranteed due process of law procedures, and which will

establish a system of investigation, prosecution, punishment, and rehabilitation for the welfare and benefit

of the residents of this reservation as such system is employed in the area of criminal sexual offenses.

[TCR 86-79]

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3-417 Sexual assault; terms defined. As used in Sections 3-416 to 3-422, unless the context otherwise

requires:

“Actor” shall mean a person accused of sexual assault;

“Intimate parts” shall mean the genital area, groin, inner thighs, buttocks, or breasts;

“Past sexual behavior” shall mean sexual behavior other than the sexual behavior upon which the

sexual assault is alleged;

“Serious personal injury” shall mean great bodily injury or disfigurement, extreme mental anguish

or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ;

“Sexual contact” shall mean the intentional touching of the victim’s sexual or intimate parts or the

intentional touching of the victim’s clothing covering the immediate area of the victim’s sexual or

intimate parts. Sexual contact shall also mean the touching by the victim of the actor’s sexual or

intimate parts or the clothing covering the immediate area of the actor’s sexual or intimate parts

when such touching is intentionally caused by the actor. Sexual contact shall include only such

conduct which can be reasonably construed as being for the purpose of sexual arousal or

gratification of either party;

“Sexual penetration” shall mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio,

anal intercourse, or any intrusion, however slight, of any part of the actor’s or victim’s body or any

object manipulated by the actor into the genital or anal openings of the victims body which can be

reasonably construed as being for non-medical or non-health purposes. Sexual penetration shall

not require emission of semen; and

Victim shall mean the person alleging to have been sexually assaulted. [TCR 86-79]

3-418 Sexual assault; first degree; penalty.

Any person who subjects another person to sexual penetration; and

Overcomes the victim by force, threat of force, express or implied, coercion, or deception;

Knew or should have known that the victim was mentally or physically incapable of

resisting or appraising the nature of his/her conduct; or

The actor is eighteen years of age or older and the victim is less than eighteen years of age

is guilty of sexual assault in the first degree.

Sexual assault in the first degree is a Class I offense. The sentencing judge shall consider whether

the actor shall have caused serious personal injury to the victim in reaching his/her decision on the

sentence. [TCR 86-79, 89-87]

3-419 Sexual assault; second degree; penalty.

Any person who subjects another person to sexual contact; and

Overcomes the victim by force, threat of force, express or implied, coercion, or deception;

Knew or should have known that the victim was physically or mentally incapable of

resisting or appraising the nature of his/her conduct is guilty of sexual assault in the

second degree; or

Any person who subjects an unemancipated minor to sexual penetration is guilty of sexual

assault in the second degree.

Sexual assault in the second degree is a Class II offense. [TCR 86-79, 89-87]

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3-420 Sexual assault; in camera hearing. Upon motion to the court by either party in a prosecution in a

case of sexual assault, an in camera hearing shall be conducted in the presence of the judge, under

guidelines established by the judge, to determine the relevance of evidence of the victim’s or the defendant’s

past sexual conduct. [TCR 86-79]

3-421 Sexual assault; evidence of past sexual behavior; when admissible; procedure.

If the defendant intends to offer evidence of specific instances of the victim’s past sexual behavior,

notice of such intention shall be given to the Tribal prosecutor and filed with the Court not later

than fifteen days before trial.

Upon motion to the Court by either party in a prosecution in a case of sexual assault, an in camera

hearing shall be conducted under guidelines established by the Winnebago Rules of Evidence, Rule

1A-412, to determine the relevance of evidence of the victim’s or the defendant’s past sexual

behavior. Evidence of a victim’s past sexual behavior shall not be admissible unless such evidence

is:

Evidence of past sexual behavior with persons other than the defendant, offered by the

defendant upon the issue of whether the defendant was or was not, with respect to the

victim, the source of any physical evidence, including but not limited to, semen, injury,

blood, saliva, and hair; or

Evidence of past sexual behavior with the defendant when such evidence is offered by the

defendant on the issue of whether the victim consented to the sexual behavior upon which

the sexual assault is alleged if it is first established to the Court that such activity shows

such a relation to the conduct involved in the case and tends to establish a pattern of

conduct or behavior on the part of the victim as to be relevant to the issue of consent.

[TCR 86-79, 93-85]

3-422 Sexual assault; evidence against another person; when admissible. Specific instances of prior

sexual activity between the victim and any person other than the defendant shall not be admitted into

evidence in prosecution under the Tribal Criminal Code unless consent by the victim is at issue, when such

evidence may be admitted if it is first established to the Court at an in-camera hearing conducted under

guidelines established by Winnebago Rules of Evidence, Rule 1A-412 that such activity shows such a

relation to the conduct involved in the case and tends to establish a pattern of conduct or behavior on the

part of the victim as to be relevant to the issue of consent. [TCR 86-79, 93-85]

3-423 Confined person; offenses against another person; penalty; sentence.

Any person who is legally confined in a jail and who commits:

Assault in the first or second degree, as defined in Sections 3-408 to 3-409;

Terroristic threats as defined in Section 3-410;

Kidnapping as defined in Section 3-412; or

False imprisonment in the first or second degree as defined in Sections 3-413 to 3-414,

against any person for the purpose of compelling or inducing the performance of any act

by such person or any other person shall be guilty of a Class I offense.

Sentences imposed under subsection (1) of this Section shall be served consecutive to any sentence

or sentences imposed for violations committed prior to the violation of subsection (1) of this

Section and shall not include any credit for time spent in custody prior to sentencing unless the time

in custody is solely related to the offense for which the sentence is being imposed under this

Section. [TCR 86-79]

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3-424 Robbery; penalty.

A person commits robbery if, with the intent to steal, he/she forcibly or by violence, or by

putting in fear takes from the person of another any money or personal property of any value

whatsoever.

Robbery is a Class I offense. [TCR 86-79]

3-425 “Stalking” Any person who, directly or indirectly, willfully and repeatedly follows, harasses,

or engages in conduct that poses a credible threat to another and is likely to place that person

in reasonable fear of their safety or the immediate safety of their family shall be guilty of

stalking and may be punished as provided in this Title. Under this Article, stalking behavior

can include, but is not limited to:

Vandalism;

Annoying or threatening phone calls;

Following or other violations of an order for protection;

Actual assaults;

Sending unwanted letters or electronic communications;

Sending unwanted messages or threats through third parties;

Showing up at a victim’s residence or place of employment;

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 residence whether the victim is or is not present;

Parking near or driving by the victim’s residence or place of employment for no

legitimate reason; or

The use of agencies or law enforcement that constitutes a pattern of conduct consistent with

retaliation by initiating investigations, restrictions, or sanctions against the victim. Stalking is a Class

I Offense.

3-426 “Strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or

circulation of the blood of a person by applying pressure to the throat or neck, regardless of

whether that conduct results in any visible injury or whether there is any intent to kill or

protractedly injure the victim. Strangling is a Class I offense.

3-427 “Suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing

of a person by covering the mouth of the person, the nose of the person, or both, regardless of

whether that conduct results in any visible injury or whether there is any intent to kill or

protractedly injure the victim. Suffocating is a Class I offense.

3-428 “Domestic Violence” sometimes referred to as intimate partner violence, is a subcategory of

Family Violence. It means the occurrence of one or more of the following acts by a current or

former intimate partner, as defined at Title 12, Article 2, Domestic and Family Violence Act,

of the victim:

Attempting to cause or causing physical harm to a current or former intimate

partner;

Placing a current or former intimate partner member in fear of physical harm;

Causing a current or former intimate partner to engage involuntarily in sexual

activity by force or duress;

Intentionally engaging in a course of conduct directed at a specific person that

December 2025

would cause a reasonable person under the same circumstances to fear bodily injury

to or the death of himself or herself or a member of his or her family or household.

Domestic Violence is a Class II Offense.

3-429 “Family Violence” means the occurrence of one or more of the following acts by a family or

household member, as defined at Title 12, Article 2, Domestic and Family Violence Act, but

does not include acts of self- defense:

Attempting to cause or causing physical harm to another family or household

member;

Placing a family or household member in fear of physical harm;

Causing a family or household member to engage involuntarily in sexual activity by

force or duress;

Intentionally engaging in a course of conduct directed at a specific person that would

cause a reasonable person under the same circumstances to fear bodily injury to or the

death of himself or herself or a member of his or her family or household.

Family Violence is a Class II Offense.

3-430 “Crime Involving Domestic or Family Violence” occurs when a Family or Household

Member commits a crime against another Family or Household Member, or a current or

former intimate partner commits a crime against another current or former intimate partner,

which is a crime under tribal law, with the purpose of or having the effect of, inflicting

physical harm or bodily injury, or placing the victim in apprehension of imminent physical

harm or bodily injury shall constitute a Crime Involving Domestic or Family Violence and

trigger the application of Title 12, Article 2, 12-203 and increasing the penalty for the

underlying crime.

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WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 5

TITLE 3

ARTICLE 5

INCHOATE CRIMES

3-501 Criminal attempt; conduct; penalty.

3-502 Conspiracy, defined; penalty.

3-503 Conspiracy; renunciation of criminal

intent.

3-504 Accessory to crime; defined; penalty.

3-505 Aiding consummation of crime; penalty.

3-506 Prosecuting for aiding and abetting.

3-501 Criminal attempt; conduct; penalty.

A person shall be guilty of an attempt to commit a crime if he/she:

Intentionally engages in conduct which would constitute the crime if the attendant

circumstances were as he/she believes them to be; or

Intentionally engages in conduct which, under the circumstances as he/she believes them to

be, constitutes a substantial step in a course of conduct intended to culminate in his/her

commission of the crime.

When causing a particular result is an element of the crime, a person shall be guilty of an attempt

to commit the crime if, acting with the state of mind required to establish liability with respect to

the attendant circumstances specified in the definition of the crime, he/she intentionally engages in

conduct which is a substantial step in a course of conduct intended or known to cause such a result.

Conduct shall not be considered a substantial step under this Section unless it is strongly

corroborative of the defendants criminal intent.

Criminal attempt is:

A Class I offense when the crime attempted is a Class I offense.

A Class II offense when the crime attempted is a Class II offense.

A Class III offense when the crime attempted is a Class III offense. [TCR 86-79]

3-502 Conspiracy, defined; penalty.

A person shall be guilty of criminal conspiracy if, with intent to promote or facilitate the

commission of a criminal offense:

He/she agrees with one or more persons that they or one or more of them shall engage in

the conduct or shall cause the result specified by the definition of the offense; and

He/she or another person with whom he/she conspired commits an overt act in pursuance

of the conspiracy.

If a person knows that one with whom he/she conspires to commit a crime has conspired with

another person or persons to commit the same crime, he/she is guilty of conspiring to commit such

crime with such other person or persons whether or not he/she knows their identity.

If a person conspires to commit a number of crimes, he/she is guilty of only one conspiracy so long

as such multiple crimes are the object of the same agreement or continuous conspiratorial

relationship.

Conspiracy is a crime of the same class as the most serious offense which is an object of the

conspiracy. A person prosecuted for a criminal conspiracy shall be acquitted if such person proves

by a preponderance of the evidence that his/her conduct occurred in response to an entrapment.

[TCR 86-79]

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 5

3-503 Conspiracy; renunciation of criminal intent. In a prosecution for criminal conspiracy, it shall be

an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete

renunciation of his/her criminal intent, gave timely warning to law enforcement authorities or otherwise

made a reasonable effort to prevent the conduct or result which is the object of the conspiracy.

[TCR 86-79]

3-504 Accessory to crime; defined; penalty.

A person is guilty of being an accessory to crime if with intent to interfere with, hinder, delay, or

prevent the discovery, apprehension, prosecution, conviction, or punishment, of another for an

offense, he/she:

Harbors or conceals the other; or

Provides or aids in providing a weapon, transportation, disguise, or other means of

effecting escape or avoiding discovery or apprehension; or

Conceals or destroys evidence of the crime or tampers with a witness, informant,

document, or other source of information, regardless of its admissibility in evidence; or

Warns the other of impending discovery or apprehension other than in connection with an

effort to bring another into compliance with the law; or

Volunteers false information to a peace officer; or

By force, intimidation, or deception, obstructs anyone in the performance of any act which

might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment

of such person.

Accessory to crime is a crime of the same class as the most serious offense to which the accused

served as an accessory. [TCR 86-79, 89-87]

3-505 Aiding consummation of crime; penalty.

A person is guilty of aiding consummation of crime if he/she intentionally aids another to secrete,

disguise, or convert the proceeds of a criminal offense or otherwise profit from a crime.

Aiding consummation of crime is a crime of the same class as the most serious offense to which the

accused aided in the consummation. [TCR 86-79, 89-87]

3-506 Prosecuting for aiding and abetting. A person who aids, abets, procures, or causes another to

commit any offense may be prosecuted and punished as if he were the principal offender. [TCR 86-79]

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WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 6

3-601

3-602

3-603

3-604

3-605

3-606

3-607

3-608

3-609

3-610

3-611

3-612

3-613

3-614

3-615

3-616

3-617

3-618

3-619

TITLE 3

ARTICLE 6

CRIMES AGAINST PUBLIC JUSTICE

Obstructing government operations;

3-620 Bribery of a juror; penalty; juror receiving

penalty.

bribe; penalty.

Physical injury related to criminal offense; 3-621 Tampering with witnesses, informants, or

report by health care provider; sexual

jurors; penalty.

assault; duties of health care provider; law

3-622 Jury tampering; penalty.

enforcement agency; duties; violation;

penalty.

Refusing to aid a peace officer; penalty.

3-623 Tampering with physical evidence;

Resisting arrest; penalty; affirmative

penalty; physical evidence, defined.

defense.

3-624 Simulating legal process; penalty.

Consumption of liquor on public property,

3-625 Employee; penalized due to jury service;

public roads, streets, alleys, forbidden;

prohibited; penalty.

penalty.

3-626 Impersonating a peace officer.

Obstructing a peace officer; penalty.

3-627 Impersonating a public servant.

False reporting; penalty.

3-628 Official misconduct; penalty.

Interfering with a fireman on official duty;

3-629 Oppression under color of office; penalty.

penalty; fireman, defined.

3-630 Misusing public money.

Abuse of public record; penalty; public

3-631 Improper influence in official matters.

record, defined.

3-632 Retaliation for past official action.

Escape; official detention, defined;

3-633 Improper gifts to public servants.

knowingly permitting escape; penalty;

3-634 Special influence.

3-635 Doing business without a license.

defense to prosecution.

Providing contraband; penalty.

3-636 Tampering with public property.

Loitering about jail; penalty.

3-637 Injuring public property.

Assault on an officer in the first degree;

3-638 Bail jumping.

penalty.

3-639 Failure to obey a lawful order of the Court.

Assault on an officer in the second degree;

3-640 Repealed.

3-641 Neglecting to serve a warrant; penalty;

penalty.

Repealed.

forfeiture of office.

Perjury; subornation of perjury; penalty.

3-642 Mutilating a flag; penalty; flag, defined.

Juror, testimony and official proceedings;

3-643 Illegal solicitation.

defined.

3-644 Repealed.

Bribery; penalty.

3-645 Failure to appear; penalty.

Bribery of a witness; penalty; witness

3-646 Sell or exchange of property for promise to

receiving bribe; penalty.

vote prohibited.

3-601 Obstructing government operations; penalty.

A person commits the offense of obstructing government operations if he/she intentionally

obstructs, impairs, or perverts the administration of law or other governmental functions by force,

violence, physical interference or obstacle, breach of official duty, or any other unlawful act,

except that this Section does not apply to flight by a person charged with crime, refusal to submit

to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding

compliance with law without affirmative interference with governmental functions.

Obstructing governmental operations is a Class III offense. [TCR 86-79]

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WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 6

3-602 Physical injury related to criminal offense; report by health care provider; sexual assault;

duties of health care provider; law enforcement agency; duties; violation; penalty.

Except as provided in subsection (2) of this section, every health care provider on this reservation

shall immediately report to law enforcement every case in which the health care provider is

consulted for medical care for physical injury which appears to have been received in connection

with, or as a result of, the commission of a criminal offense. Such report shall include the name of

the victim, a brief description of the victim’s physical injury, and, if ascertainable, the victim’s

residential address and the location of the offense. Any provision of law or rule of evidence

relative to confidential communications is suspended insofar as compliance with this Section is

concerned.

When a health care provider is consulted for medical care for physical injury which reasonably

appears to have been received in connection with, or as a result of, the commission of an actual or

attempted sexual assault and the victim was nineteen (19) years of age or older at the time of such

actual or attempted sexual assault, the health care provider shall:

Provide the victim with information detailing the reporting options available under

subdivision (2)(b) of this section;

Ask the victim to select one of the below reporting & specimen collection options:

(i)

Full Law Enforcement Report with Evidence Collection - To provide written

consent to report such actual or attempted sexual assault as provided in

subsection (1) of this section. If the victim provides such written consent, the

health care provider shall make the report required by subsection (1) of this

section and submit to law enforcement a sexual assault evidence collection kit if

one has been obtained; or

(ii)

Partial Report with Evidence Collection - To provide written consent for the

healthcare provider obtaining of a sexual assault evidence collection kit for the

purpose of forensic testing and providing their name to identify the specimen, but

not reporting to law enforcement for purposes of current prosecution or

participating in an investigation; or

(iii)

Anonymous Reporting with Evidence Collection - To sign a written

acknowledgment that such actual or attempted sexual assault will not be reported

except as provided in subsection (3) or (4) of this section, but that the health care

provider will submit to law enforcement a sexual assault evidence collection kit,

if one has been obtained, using an anonymous reporting protocol. A health care

provider may use the anonymous reporting protocol developed by the Nebraska

Attorney General under Nebraska Revised Statute 84-218 or may use a different

anonymous reporting protocol. Victims who have experienced serious bodily

injury or if a weapon was used during the assault are not eligible for anonymous

reporting.

Regardless of the victim's decision under subdivision (2)(b) of this section, if the victim is

suffering from a serious bodily injury, or any bodily injury where a deadly weapon was used to

inflict such injury, which appears to have been received in connection with, or as a result of, the

commission of an actual or attempted sexual assault, the health care provider shall report such

injury to law enforcement as provided in subsection (1) of this section; and unless declined by the

victim, refer him or her to an advocate.

The victim (or victim’s legally-recognized surrogate decisionmaker if the victim is a minor or

ward) shall always have the right to refuse evidence collection with respect to the sexual assault

evidence collection kit.

Victims who are under the age of nineteen (19) and have reported or have suspected sexual

assault has occurred must be reported to law enforcement under subsection (1) of this section.

The healthcare provider will submit a sexual assault evidence collection kit to law enforcement if

one has been obtained; Subsection (2) rights do not apply.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 6

A law enforcement agency receiving a sexual assault evidence collection kit under this section

shall preserve such kit for twenty years after the date of receipt or as otherwise ordered by a

court.

Any health care provider who knowingly fails to make any report required by subsection (1) of

this section is guilty of an infraction. If multiple health care providers are involved in the

consultation of a person in a given occurrence, this section does not require each health care

provider to make a separate report, so long as one of such health care providers makes the report

required by this section.

For purposes of this section:

Advocate means any employee or supervised volunteer of a domestic violence and

sexual assault victim assistance program or of any other agency, business, or organization

that is not affiliated with a law enforcement or prosecutor's office, whose primary

purpose is assisting domestic violence and sexual assault victims;

Anonymous reporting protocol means a reporting protocol that allows the identity of

the victim, his or her personal or identifying information, and the details of the sexual

assault or attempted sexual assault to remain confidential and undisclosed by the health

care provider, other than submission to law

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.