# WINNEBAGO TRIBAL CODE (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3A4b592a17668d38bc

## Record

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

## Text

WINNEBAGO TRIBAL CODE
TITLE 3

TITLE 3
CRIMINAL CODE
(As redesignated June 1, 1989)
SUMMARY OF CONTENTS
SECTION

ARTICLE-PAGE

1. TABLE OF REVISIONS

ii

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 ARTICLE 13: [REPEALED]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

i

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

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

8

3-827, 3-828

May 17, 2023

6
13
14
16
7
8
7
3

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
July 15, 2025
December 12, 2025
December 12, 2025
December 12, 2025
April 20, 2026

ii

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

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

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

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
or
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.

iv

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

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

v

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.

1

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

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
a
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
a
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
a
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

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

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]

ix

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

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
x

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

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.

xi

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

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.

xi

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:
1.
2.
3.
4.
5.
6.
7.

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]

1

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:
1.
2.
3.
4.
5.
6.
7.

8.
9.
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.
1.
2.
3.
4.
5.

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.
1.

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:
A.
It is established by proof of the same or less than all the facts required to establish the
commission of the offense charged; or
B.
It consists of an attempt to commit the offense charged or to commit an offense otherwise
included therein; or
C.
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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2.

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.
1.

2.

3.

4.

5.
6.

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:
A.
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
B.
The former prosecution:
i.
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:
A.
The defendant consents to the termination; or
B
The defendant waives his/her right to object to the termination; or
C.
The court finds and states for the record that the termination is necessary because:
i.
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
D.
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.
1.

2.

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:
A.
The conduct, attendant circumstances or results of conduct included in the definition of the
offense; plus
B.
The culpable mental state required (if any); but
C.
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:
1.

2.

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.
1.
2.

3.

4.

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.
A reflex or convulsion;
B.
A bodily movement during unconsciousness or sleep;
C.
Conduct during hypnosis;
D.
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:
A.
The omission is expressly made sufficient by the law defining the offense; or
B.
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.
1.

Kinds of culpability defined are:
A.
Purposely: a person acts purposely with respect to a element of an offense:
i.
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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B.

2.

3.

4.

5.

6.

7.

8.

9.

Knowingly: a person acts knowingly with respect to an element of an offense when:
i.
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.
C.
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.
D.
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.
E.
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.
1.

2.

Conduct is the cause of a result when:
A.
It is an antecedent but for which the result in question would not have occurred; and
B.
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.
1.

2.

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.
1.
2.

3.

4.

5.

6.

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:
A.
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
B.
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:
A.
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.
B.
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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A.
B.
C.

7.

8.

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
i.
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.
1.

2.

3.

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.
1.
2.

3.
4.

5.

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.
1.

2.

3.

4.

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.
1.

2.

3.

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:
A.
The bodily harm consented to or threatened by the conduct consented to is not serious; or
B.
The conduct and the harm are reasonably foreseeable hazards of joint participants in a
lawful activity; or
C.
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:
A.
It is given by a person who is legally incompetent to authorize the conduct constituting an
offense; or
B.
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
C.
It is given by a person whose improvident consent is sought to be prevented by the law
defining the offense; or
D.
It is induced by force, duress, or deception. [TCR 86-79]

3-210 Entrapment.
1.

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:
A.
Making knowingly false representations designed to induce the belief that such conduct is
not prohibited; or
B.
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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2.

3.

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.
1.

2.
3.

4.

5.

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:
1.

2.
3.

4.

5.

“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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6.

“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.
1.

2.

Conduct which the actor believes to be necessary to avoid a harm or evil to him/her or to another is
justifiable if:
A.
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;
B.
Neither Section 3-213 to 3-222, nor other law defining the offense provides exceptions for
defenses dealing with the specific situation involved; and
C.
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.
1.

2.

3.

Except as provided in subsection (2) of this Section, conduct is justifiable when it is required or
authorized by:
A.
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;
B.
The law governing the execution of legal process;
C.
The judgment or order of a competent court or tribunal;
D.
The law governing the armed services or the lawful conduct of war; or
E.
Any other provision of law imposing a public duty.
Sections 3-213 to 3-222, shall apply to:
A.
The use of force upon or toward the person of another for any of the purposes dealt with in
such sections; and
B.
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:
A.
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
B.
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.
1.

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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2.
3.

4.

5.

6.

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:
A.
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;
B.
The actor has been unlawfully dispossessed of the property and is making are entry or
recapture justified by Section 3-217; or
C.
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:
A.
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
B.
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:
i.
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.
1.

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:
A.
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;
B.
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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C.
2.

The actor believes that his/her intervention is necessary for the protection of such other
person.
Notwithstanding subsection (1) of this Section:
A.
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;
B.
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
C.
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
1.

2.

3.

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:
A.
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
B.
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:
i.
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.
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;
B.
A person who has been dispossessed of land does not regain possession thereof merely by
setting foot there on; and
C.
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:
A.
Such request would be useless;
B.
It would be dangerous to him/herself or another person to make the request; or

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C.

4.

5.

6.

7.

8.

9.

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:
A.
The reentry or recapture is made by or on behalf of a person who was actually
dispossessed of the property; and
B.
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:
A.
Has employed or threatened deadly force against or in the presence of the actor; or
B.
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:
A.
Such device is not designed to cause or known to create a substantial risk of causing death
or serious bodily harm;
B.
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
C.
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:
A.
The actor believes that the person against whom he/she uses force has no claim of right to
obstruct the actor;
B.
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
C.
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.
1.

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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2.

3.

4.

5.

6.

7.

The use of force is not justifiable under this Section unless:
A.
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
B.
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:
A.
The arrest is for a criminal offense;
B.
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;
C.
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.
i.
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:
A.
He/she reasonably believes the arrest is lawful; and
B.
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:
A.
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
B.
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:
1.

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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A.

2.

3.

4.

5.

6.

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
B.
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:
A.
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
B.
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:
A.
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
B.
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:
A.
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
B.
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:
A.
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;
B.
The nature or degree of force used is not forbidden by Sections 3-214 to 3-215; and
C.
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:
A.
He/she believes that the force used is necessary for such purpose; and
B.
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.
1.

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

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A.

2.

3.

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
B.
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:
1.
2.

Sections 3-212 to 3-222, or the law defining the offense deals with the specific situation involved;
or
A legislative purpose to exclude the justification claimed otherwise plainly appears. [TCR 86-79]

3-222 Justification an affirmative defense; civil remedies unaffected.
1.
2.

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
or
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.
1.

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:
a.
The actor knows that fact; or
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b.
2.

3.

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:
a.
The actor knows that fact; or
b.
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.
1.

2.

3.

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:
a.
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;
or
b.
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.
1.

2.

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.
1.

2.

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.
1.

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

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A.

2.

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
B.
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.
1.

2.

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:
A.
Cause annoyance or injury to any person therein; or
B.
Cause damage to any property therein; or
C.
Commit any offense therein; or
D.
Steal; or
E.
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:
1.

2.

3.

4.

5.

6.

“Deprive” shall mean:
A.
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
B.
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:
A.
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
B.
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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7.
8.

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.
1.
2.
3.

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.
1.

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:
A.
Conceals or takes possession of the goods or merchandise of any store or retail
establishment;
B.
Alters the price tag or other price marking on goods or merchandise of any store or retail
establishment;
C.
Transfers the goods or merchandise of any store or retail establishment from one container
to another;
D.
Interchanges the label or price tag from one item of merchandise with a label or price tag
for another item of merchandise; or
E.
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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1.

2.
3.

4.

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;
or
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:
A.
Where such instrument has been stolen, forged, revoked or canceled, or where for any
other reason its use by the actor is unauthorized; or
B.
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.
1.

A person commits theft if he/she obtains property of another by threatening to:
A.
Inflict bodily injury on anyone or commit any other criminal offense; or
B.
Accuse anyone of a criminal offense; or
C.
Expose any secret tending to subject any person to hatred, contempt or ridicule, or to
impair his/her credit or business repute; or
D.
Take or withhold action as an official, or cause an official to take or withhold action; or
E.
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;
or
F.
Testify or provide information or withhold testimony or information with respect to
another’s legal claim or defense.
G
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.
1.

2.

3.

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.
1.

2.
3.
4.

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.
1.
2.

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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3.

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.
1.

2.
3.
4.

A person commits criminal mischief if he/she:
A.
Damages property of another intentionally or recklessly; or
B.
Intentionally tampers with property of another so as to endanger person or property; or
C.
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.
1.
2.

3.

4.
5.
6.

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:
A.
Actual communication to the actor; or
B.
Posting in a manner prescribed by law or reasonably likely to come to the attention of
intruders; or
C.
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:
A.
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;
B.
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:
1.
2.
3.
4.

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.
1.

2.

3.
4.

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:
A.
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
B.
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:
1.

2.
3.
4.

5.

“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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6.

7.
8.
9.

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:
A.
B.

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.
1.

2.
3.
4.

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.
1.

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.
1.

A person commits criminal possession of forgery devices when:
A.
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
B.
He/she makes or possesses any device, apparatus, equipment, or article capable of or
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2.

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
C.
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.
1.

2.

A person commits a criminal simulation when:
A.
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
B.
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.
1.

2.

A person commits the crime of criminal impersonation if he/she:
A.
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
B.
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
C.
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.
1.

2.

3.

4.

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:
A.
Issuing a bad check is a Class I offense when the value of the insufficient amount is over
five thousand dollars ($5,000.00).
B.
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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C.

5.

6.

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.
1.

2.

A person commits a Class I offense if he/she:
A.
Willfully and knowingly subscribes to, makes, or causes to be made any false statement or
entry in the books of an organization; or
B.
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
C.
Makes, states, or publishes any false statement of the amount of the assets or liabilities of
any such organization; or
D.
Fails to make true and correct entry in the books and records of such organization of its
business and transactions; or
E.
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:
A.
Any organization chartered by the Winnebago Tribe of Nebraska; or
B.
Any organized group of persons performing community activities as approved by the
Winnebago Tribe of Nebraska; or
C.
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.
1.

2.

3.

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:
A.
Agent or employee; or
B.
Trustee, guardian, or other fiduciary; or
C.
Lawyer, physician, accountant, appraiser, or other professional advisor; or
D.
Officer, director, partner, manager, or other participant in the direction of the affairs of an
incorporated or unincorporated association; or
E.
Duly elected or appointed representative or trustee of a labor organization or employee of
a welfare trust fund; or
F.
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.
1.

2.

It shall be unlawful to use a credit card for the purpose of obtaining property or services with
knowledge that:
A.
The card is stolen; or
B.
The card has been revoked or canceled; or
C.
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.
1.

2.
3.

It shall be unlawful, in the course of business, to intentionally:
A.
Use or possess for use a false weight or measure, or any other device for falsely
determining or recording any quality or quantity; or
B.
Sell, offer, or expose for resale, or deliver less than the represented quality or quantity of
any commodity or service; or
C.
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
D.
Sell, offer or expose for sale adulterated or mislabeled commodities:
i.
“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
E.
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
F.
Make a false or misleading statement for the purpose of obtaining property or credit; or
G.
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.
1.

2.

It shall be unlawful to:
A.
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
B.
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.
1.
2.

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.
1.

2.

It shall be unlawful to intentionally provide financing or make loans at a rate of interest higher than
the following:
A.
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.
B.
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.
1.

2.
3.

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.
1.
2.

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:
1.
2.

3.

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3A4b592a17668d38bc. Public record. Not legal advice.