Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE V  CRIMINAL OFFENSES

CHAPTER 500  GENERAL PROVISIONS

500.01     Scope and Effect

500.02     Definitions

500.03     Criminal Offense Based on Voluntary Intentional Conduct

500.04     Mental State

500.05     Jurisdiction

CHAPTER 501  DEFENSES TO CRIME

501.01     Burden of Proof; Standard of Proof

501.02     Ignorance or Mistake.

501.03     Alcoholism and Intoxication

501.04     Mental Disease or Defect

501.05     Self-Defense

501.06     Defense of Others

501.07     Defense of Property

501.08     Use of Deadly Force

501.09     Duress

CHAPTER 502  CRIMES AGAINST THE PERSON

502.01     Assault Definition

502.02     Kidnaping

502.03     False Imprisonment

502.04     Negligent Homicide and Serious Bodily Injury

502.05     Robbery

CHAPTER 503  CRIMES AGAINST THE FAMILY

503.01     Bigamy

503.02     Adultery

503.03     Incest

503.04     Non-Support of Spouse or Child

503.05     Criminal Domestic Violence

503.06     Compulsory School Attendance

503.07     Neglect or Endangerment of a Child

CHAPTER 504  CRIMES AGAINST THE TRIBE

504.01     Carrying Handguns

504.011       Handling Dangerous Weapons - Superseded by Section 504.12

504.12     Handling a Dangerous Weapon

504.012       Automatic Weapons

504.02     Commercial Fishing

504.03     Damage to Property of the Red Lake Band

504.04     Violation of Tribal Ordinances

504.05     Setting Fires

504.06     Littering

504.07     Removal of Non-Members

504.08     Liquor

504.09     Embezzlement

504.10     Fighting Forest Fires

504.11     Curfew

504.12     Handling a Dangerous Weapon

504.13     Control of Vicious Dogs

504.14     Sale or Transfer to persons under eighteen [intoxicating substances]

504.15      Possessing, dealing in.

CHAPTER 505  THEFT AND RELATED CRIMES

505.01    Theft

505.02     Unauthorized Use of a Motor Vehicle

505.04     Obtaining Public Assistance by Fraud

CHAPTER 506       CRIMES AGAINST ADMINISTRATION OF JUSTICE

506.01     Perjury

506.02     Escape

506.03     Obstructing Legal Process or Arrest

506.04     Aiding on Offender to Avoid Arrest

506.05     Release, Failure to Appear

506.06     Misconduct of Judicial Officer

506.07     Destruction of Evidence

506.08     Criminal Contempt

506.09     Fleeing an Officer

506.10     Refusal to Assist a Police Officer

506.11     Witness and Juror Tampering

CHAPTER 507  PUBLIC MISCONDUCT OR NUISANCE

507.01     Unlawful assembly

507.02     Riot

507.03     Terroristic Threats

507.04     Public Nuisance

507.05     Disorderly Conduct

Section 507.055     Disorderly House

Section 507.065     Gross Misdemeanor Disorderly House

507.06     Obscene or Harassing Telephone Calls

507.07         Vandalism.

507.08     Attempted or Assisted Suicide

507.09     Harassment; Stalking; Penalties

4)     would cause a  person under such circumstances to feel oppressed, persecuted, or intimidated; and

5)     causes this reaction on the part of the victim.

CRIMES RELATING TO MORALITY AND DECENCY

508.01     Prostitution

508.02     Cohabitation

508.03     Sodomy

508.04     Fornication

508.05     Indecent Exposure

508.06     Carnal Knowledge of Children

508.07     Aggravated Sexual Assault

508.08     Indecent Liberties

508.09     Contributing to Delinquency of Minor

CHAPTER 509       DAMAGE OR TRESPASS TO PROPERTY

509.01     Trespass to Property

509.02     Defeating Security on Realty

509.03     Defeating Security on Personal Property

509.04     Arson

509.05     Defrauding an Insurer

509.06     Criminal Damage to Property

509.07     Burglary

509.08     Breaking and Entering

CHAPTER 511  CRIMES OF COMPULSION

511.01     Coercion

CHAPTER 512  CRIMES AFFECTING TRIBAL OFFICERS, EMPLOYEES

512.01     Bribery

512.02     Terroristic Threats Against Government Officials

512.03     Acts Overthrowing the Government

512.04     Martial Law

CHAPTER 513  GAMBLING

513.01     Gambling

CHAPTER 514  FORGERY AND RELATED CRIMES

514.01     Forgery

514.02         Issuing Bad Checks

514.03     Obtaining Signature By False Pretenses

514.04     False Official Statements

CHAPTER 515  EXTRADITION

515.01     Extradition of Offenders

CHAPTER 516  CRUELTY TO DOMESTICATED ANIMALS

516.01         Cruelty to Domesticated Animals

516.02         Damage to Animals

CHAPTER 517  LICENSES

517.01     Solicitation

CHAPTER 518       CRIMES AGAINST PUBLIC SAFETY AND HEALTH

518.00     Criminal Defamation.

518.01     Sale of Tobacco to Children

518.02     Superseded by 504.12




TITLE V
CRIMINAL OFFENSES


CHAPTER 500
GENERAL PROVISIONS


500.01             Scope and Effect


No act or omission is a crime unless made so by this title or by other applicable law of the Red Lake Indian Reservation.


500.02             Definitions


Subdivision 1.             Crime.  Crime means conduct which is prohibited by this code or ordinance of the Red Lake Band and for which the actor may be sentenced to imprisonment, with or without a fine.


Subdivision 2.             Petty Misdemeanor.  Petty Misdemeanor means an offense which is prohibited by law for which a sentence of a fine of not more than $200.00 may be imposed.


Subdivision 3.             Misdemeanor.  Misdemeanor means a crime for which a sentence of not more than six (6) months or a fine of not more than $500.00, or both, may be imposed.


Subdivision 4.             Gross Misdemeanor.  Gross Misdemeanor means crime which is not a petty misdemeanor or misdemeanor.  The maximum sentence which may imposed for a gross misdemeanor is imprisonment for not more than one (1) year, or fine of not more than $5,000.00 or both.


Subdivision 5.             Tribe.  Tribe means the Red Lake Band of Chippewa  Indians.


Subdivision 6. "Indian"         (a) For the limited purposes of the Criminal & Juvenile Code, an Indian shall be defined as the following:


(1)        An enrolled member of the Red Lake Band of Chippewa Indians; or

(2)        A Person of Indian descent who is a member, either enrolled by custom, or eligible for enrollment, of any federally recognized Indian Tribe under the jurisdiction of the United States; or


(3)        A descendent whose parent or grandparent is a current or former Red Lake member, or of one eligible for such membership, and who is a resident of the Red Lake Indian Reservation who is considered an Indian by the traditions, customs, culture, and mores of the Red Lake Band of Chippewa Indians.

(b)        Excluding enrolled members, an Indian defined by this section, does not receive any  rights or privileges of membership of the Red Lake Band of Chippewa Indians.

 

(Section 500.02 Subdivision 6, revised to Tribal Code by Resolution No. 167-95 dated August 8, 1995)


500.03             Criminal Offense Based on Voluntary Intentional Conduct


No person shall be convicted of an offense except based on conduct which includes a voluntary act or the omission to perform an act of which the defendant is physically capable.  Unless otherwise prohibit  in this code with respect to a particular offense, an offense is established only if a person acts intentionally with respect thereto.


500.04             Mental State


Subdivision 1.             Criminal Intent.  When criminal intent is an element of a crime in this title, such intent is indicated by the term "intentionally"; the phrase "with intent to", the phrase "with intent that" or some form of the verbs "know" or "believe."


Subdivision 2.             Know.  To know requires only that the actor believes that the specified fact exists.


Subdivision 3.             Intentionally.  Intentionally means that the actor either had a purpose to do the thing or cause the result specified or believes that his act, if successful, will cause that result.  In addition, the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word "intentionally".


Subdivision 4. With Intent To; With the intent that.  "With the intent to" or "with intent that" means that the actor either has a purpose to do the thing or cause the result specified or believes that this act, if successful, will cause that result.


Subdivision 5.             Proof of Law.  Criminal intent does not require proof or knowledge of the existence of the law under which he is prosecuted.


Subdivision 6.             "Negligent".  Conduct is reckless if, with respect to a result or to a circumstance, a person should be aware of a substantial and unjustifiable risk that such a risk will occur or that such a circumstance exists, and his or her conduct involves a significant deviation from the standard of care that a reasonable person would observe.


Subdivision 7.             "Reckless".  Conduct is reckless if, with respect to a result or to a circumstance, a person consciously disregards a substantial risk that such a risk will occur or that such a circumstance exists, and the risk is of such a nature and degree that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the situation.


(Section 500.04 Subd. 1 amended and Subd. 8 deleted to Tribal Code by Resolution No. 167-95 dated  August 8, 1995)


500.05             Jurisdiction


An Indian actor may be convicted and sentenced under the laws of the Red Lake Band of Chippewa Indians if he or she commits an offense in whole or in part within the boundaries of the Red Lake Indian Reservation.  It is not a defense that the defendant's conduct is also a criminal offense under the laws of a state or of the United States or of another country.


[Editor's note: strike-through and underlines in original.]




CHAPTER 501
DEFENSES TO CRIME


501.01             Burden of Proof; Standard of Proof


Subdivision 1.             Tribe's Burden. The tribe has the burden of proving each element of an offense beyond a reasonable doubt.


Subdivision 2.             Defendant's Proof of Defense.  Whenever the defendant introduces evidence of a defense to support a reasonable belief as to the existence of that defense, the Tribe has the burden of disproving such defense beyond a reasonable doubt, unless this code or another ordinance expressly requires the defendant to prove the defense by a preponderance of the evidence.


 501.02            Ignorance or Mistake.

Ignorance or mistakes as to a matter of fact or law is a defense if:


a)         The ignorance or mistakes negates the necessary mental state required for the commission of an offense; or


b)         The law provides that the state of mind established by such ignorance or mistake constitutes a defense.


Whenever in this Code, an offense depends on a child's being below a certain age, it is no defense that the defendant did not know the child's age, or reasonably believed the child to be older than the required age.


501.03             Alcoholism and Intoxication


Subdivision 1.  Alcoholism and intoxication by use of alcohol or drugs are not defense unless they negate an element of the offense.


Subdivision 2.  When negligence or recklessness forms an element of the offense, self-induced intoxication by alcohol or drugs is no defense.


Subdivision 3.  Alcoholism and intoxication by alcohol or drugs do not, in themselves, constitute a mental disease or defect within the meaning of the law.


501.04             Mental Disease or Defect


Subdivision 1.  A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, as defined in the Mental Health Code, he or she lacks substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law.


Subdivision 2.  As used in this Section, the terms "Mental Disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.


501.05             Self-Defense


Subdivision 1.  The use of reasonable force is a defense when a person reasonably believes that such force is immediately necessary to protect himself or herself.


Subdivision 2.  A person is not justified in using force for the  purpose of resisting arrest, execution of process, or other performance of duty by a public servant regardless of whether the conduct of the public servant is lawful.


Subdivision 3.  A person is not justified in using force if the conduct of the person against whom force is used was provoked by the defendant himself or herself with the intent to cause physical injury to that other person.


501.06             Defense of Others


The use of force in order to defend a third person is a defense if:


a)         The defendant reasonably believes that the person whom he seeks to protect would be justified in using such protective force; and 


b)         The defendant has not, by provocation or otherwise, forfeited the right of self-defense; and


c)         The defendant reasonably believes that intervention is necessary for the protection of such other person.


501.07             Defense of Property


The use of force, other than deadly force, is a defense if the defendant reasonably believes that such force is necessary to prevent or terminate conduct which the defendant reasonably believes to be the commission or attempted commission of a crime involving trespass  on, damage to, or theft of property.


501.08             Use of Deadly Force


The use of deadly force is a defense only where the defendant reasonably believes that such force is necessary to protect himself/herself or another person against death, serious bodily harm, kidnaping, a sexual act compelled by force or threat, or to prevent or terminate the commission or attempted commission of arson.


501.09             Duress


When any crime is committed or participated in by two (2) or more persons, anyone of whom participates only under compulsion by another engaged therein, who by threats creates a reasonable apprehension in the mind of such participator is liable to instant death, such threats and apprehension constitutes duress which will excuse such participator from criminal liability.




CHAPTER 502
CRIMES AGAINST THE PERSON


502.01             Assault Definition


Subdivision 1.             First Degree Assault.  First degree assault is an act done with intent to cause fear in another person of immediate bodily harm or death or the intentional infliction of or attempt to inflict bodily harm upon another without causing any actual bodily harm.  First degree assault is a petty misdemeanor.


Subdivision 2.             Second Degree Assault.  Any Indian person who intentionally causes bodily injury to another or recklessly or negligently causes bodily injury to another or attempts by physical menace to put another in fear of serious bodily harm is guilty of second degree assault.  Second degree assault is a misdemeanor.


Subdivision 3.             Third Degree Aggravated Assault.  Any Indian person who intentionally causes serious bodily injury to another or intentionally causes bodily injury to another with a deadly weapon or recklessly causes serious bodily injury to another under circumstances manifesting indifference to the value of human life is guilty of third degree aggravated assault.  Any Indian person who commits a first or second degree simple assault with a deadly weapon is guilty of third degree aggravated assault.  Aggravated assault is a gross misdemeanor.


[Editor's note: strike-through and underlines in original.]



Subdivision 4.             Assault of Police Officer, Tribal Game Wardens, Tribal Security
Person and Any Law Enforcement Personnel.


a)         Any Indian person who commits a first or second degree simple assault against a Police Officer, Tribal Game Warden, Tribal Security person or any other law enforcement personnel is guilty of a misdemeanor, unless the assault is committed with a deadly weapon in which case the Indian shall be guilty of a gross misdemeanor.


b)         Any Indian person who commits a third degree aggravated assault against a Police Officer, Tribal Game Warden, Tribal Security person or any other law enforcement personnel is guilty of a gross misdemeanor.


(Section 502.01, Subd. 4 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)


[Editor's note: strike-through and underlines in original.]



502.02             Kidnaping


Subdivision 1.             Acts Constituting.  Any Indian who intentionally confines or removes from one place to another, any person without his consent or, if he is under the age of sixteen  (16) years, without the consent of his parents or other legal custodian, for any of the following purposes, is guilty of kidnaping:


a)         To hold for ransom or reward for release, or as a shield or hostage; or


b)         To facilitate the commission of any crime or flight thereafter; or

 

c)         To commit great bodily harm or to terrorize the victim or another; or


d)         To hold in involuntary servitude; or


e)         Violation of a court order relating to custody of a minor child.


Subdivision 2.  Whoever violates Subdivision 1 is guilty of a gross misdemeanor.


502.03             False Imprisonment


Any Indian who, knowing he has no lawful authority to do so, intentionally confines or restrains a child not his own under the age of 18 years without the child's parent's or legal custodian's consent, or any other person without the person’s consent, is guilty of false imprisonment is a gross misdemeanor.


502.04             Negligent Homicide and Serious Bodily Injury


Resulting in Death.  Any Indian who causes the death or bodily injury (including mental anguish) of a human being, not constituting murder or manslaughter, as a result of operation of a motor vehicle, aircraft, water craft or any other instrumentality or mechanism which causes death or bodily injury under any of the following circumstances:


a)         In a grossly negligent manner; or


b)         In a negligent manner while under the influence of alcohol, a controlled substance, or any combination of these element; or

c)         In a negligent manner while having an alcohol concentration of 0.10, or more, is guilty of negligent homicide or bodily injury.  Negligent homicide or bodily injury is a gross misdemeanor.


(Section 502.04 amended to the Tribal Code by Resolution No. 205-90, dated September 11, 1990)


502.05             Robbery


Subdivision 1.             Simple Robbery.  Any Indian, knowing he is not entitled thereto, takes personal property from the person of another and uses or threatens the imminent use of force against any person to overcome his resistance or compels acquiescence in the taking or carrying away of the property is guilty of simple robbery.  Simple robbery is a misdemeanor.


Subdivision 2. Aggravated Robbery.  Any Indian who, while committing a robbery, is armed with a dangerous weapon or inflicts bodily harm upon another is guilty of aggravated robbery.  Aggravated robbery is a gross misdemeanor.


502.06             Endangering an Unborn Fetus


Subd. 1.   Any Indian woman who is pregnant and using alcohol, controlled substances or inhalants, is guilty of a crime and upon conviction shall be sentenced as a misdemeanor.  Sentencing options shall include mandatory attendance of prenatal classes, chemical dependency assessment, appropriate chemical dependency and counseling, and random screening of alcohol and drugs.


Subd. 2.  Any Indian who endangers an unborn fetus by any action or omission including but not limited to striking, kicking, pushing, or assaulting the pregnant woman shall be guilty of a misdemeanor.


(Section 502.06 added to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)

(Section 502.06, Subd. 2 added to Tribal Code by Resolution No. 54-95, dated March 14, 1995)

(Section 502.06, Subd. 1 & 2 amended to Tribal Code by Resolution No. 98-98, dated June 9, 1998)




CHAPTER 503
CRIMES AGAINST THE FAMILY


503.01             Bigamy


Any Indian who does any of the following is guilty of bigamy:


a)         Enters into a marriage with knowledge that his prior marriage is still valid; or


b)         Enters into a marriage with knowledge that the prior marriage of the person he marries is still valid.


Bigamy is a gross misdemeanor.


503.02             Adultery


When a married person has sexual intercourse with another person, not then his or her spouse, whether married or not, both are guilty of adultery.


Adultery is a misdemeanor.


503.03             Incest


Subdivision 1.  Any Indian who has sexual intercourse or sexual contact with another nearer of kin to him/her than first cousin, whether of the half or the whole blood, with knowledge of the relationship, is guilty of incest.  Incest is a gross misdemeanor.


Subdivision 2.  Any Indian guilty of Incest, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.


(Section 503.03 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)


503.04             Non-Support of Spouse or Child


Subdivision 1.  Any Indian who is legally obligated to provide care and support to a spouse or child and knowingly omits or fails to provide child care and support to a spouse or child care, support or supervision appropriate to the child's age, is guilty of a misdemeanor


Subdivision 2.  In addition to any penalty provided for under law, the Court may provide, upon conviction of a violation of Subdivision 1 hereof, for the care and support of the child or spouse and require bond or other security to secure the performance and may suspend sentence or execution thereof, conditioned upon compliance with the Court order.


Subdivision 3.  If the Court should find that an Order made pursuant to Subdivision 2 has been violated, the suspension may be revoked and the sentence imposed or executed.


Subdivision 4.  In the event that a child, while unsupervised in violation of subdivision 1 hereof, or cause damage to the person or property of another, the person or persons who are legally obligated to provide care and support to such child shall be civilly liable for and damages caused by such child.  A child for purposes of this section is one who is under the age of eighteen (18) years.


(Section 503.04 Amended/added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)


503.05             Criminal Domestic Violence


Subdivision 1. Probable Cause Arrest for Domestic Violence.  Notwithstanding any other law to the contrary, a police officer may arrest an Indian anywhere without a warrant, including at the Indian's place of residence, if the police officer has probable cause to believe that the Indian has assaulted, made a threat with a dangerous weapon, or placed in fear of immediate bodily harm the Indian's spouse, former spouse, or other person with whom the Indian presently resides or has formally resided.  The arrest may be made even though the assault did not take place in the presence of the Police Officer.


Subdivision 2. Immunity.  A police officer acting in good faith and exercising due care in making an arrest pursuant to Subdivision 1 hereof is immune from civil liability that might result from the police officer's action.  This immunity in no way relieves a police officer from liability caused as a result of police brutality.


Subdivision 3. Detention For Domestic Violence.  An Indian who is arrested on a charge of assaulting the Indian's spouse or other person with whom the Indian resides must be transported to the Red Lake Police station or jail.  The officer in charge of the police station or jail shall issue a summons to the Indian in lieu of continued detention unless it reasonably appears to the officer that the continued detention is necessary to prevent an assault to the victim or another person or there is a likelihood that the arrested Indian will fail to respond to a summons.  If the arrested Indian is detained by the police department, the arrested Indian must be brought before the Red Lake Nation Court without unnecessary delay.


Subdivision 4. Notice of Rights.  The police officer making an arrest under this section shall file a complaint against the alleged assaulter and shall tell the victim whether or not a shelter or other services are available to the victim on the Red Lake Reservation and give the victim immediate written notice of the legal rights and remedies available to the victim.  The written notice must include the following:


a)         That the victim has the right to file a petition with the Red Lake Nation Court for an Order for Protection and that an Order for Protection may include the following:


1)         Restraining the perpetrator from further acts of domestic violence;


2)         Excluding the perpetrator from the victim’s household; and


3)         Mandatory counseling or other available social services including participation by the perpetrator in various treatment programs.


Subdivision 5. Judicial Review. 


a)         Upon initial appearance before the Red Lake Nation Court on a police detention for an alleged domestic violence charge, the Court shall review the facts surrounding the arrest and detention.  The arrested Indian must be released pending trial on the Indian's own recognizance or bail unless the Court determines that a release would be detrimental to the public safety or a release could result in the likelihood of an assault on the victim or another person or a release will not reasonably assure the appearance of the arrested person at the next scheduled court proceeding.


b)         If the Court determines that an unconditional release of the arrested person pursuant to this Subdivision is not advisable, the Court may use its discretion and impose on the arrested Indian any conditions for release that the Court believes will reasonably assure protection of the victim or another person from an assault and will assure the presence of the arrested Indian at the next scheduled court proceeding.  The arrested Indian may then be released on the condition imposed by the Court.


Subdivision 6. Violation of Conditions of Release.  A warrant for the arrest of the released Indian shall be issued immediately by the Court if the Court is advised in an executed writing that the released Indian has violated the conditions of release and the Court finds that probable cause exists to believe that the conditions of release have been violated.


Subdivision 7. Penalties.  Upon a conviction of a charge of domestic violence, the convicted Indian shall be sentenced in accordance with the provisions of Section 502.01 of the Tribal Code.  In addition to the penalties provided for section 502.01 of the Tribal Code, the Court, in the exercise of its sound discretion, may order the convicted Indian to attend mandatory counseling or treatment as a part of the sentence.


(Section 503.05 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)


503.06             Compulsory School Attendance


Subdivision 1. Parental Responsibility.  The parent of a child is responsible for assuring that the child attends school in accordance with the mandatory school attendance policy and laws of the Red Lake Reservation.


Subdivision 2. Parent Defined.  Parents means a parent, guardian or other person having legal custody of a child.


Subdivision 3. Violations; Penalties.  Any parent who fails or refuses to fulfill the responsibility imposed on a parent in Subdivision 1 hereof, or any person who induces or attempts to induce a child unlawfully to be absent from school or any person who knowingly harbors or employs, while school is in session, any child unlawfully absent from school shall be guilty of a misdemeanor.


(Section 503.06 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)


503.07             Neglect or Endangerment of a Child


            Persons guilty of neglect or endangerment.


a)         Neglect. 


(1)   A parent, legal guardian, or caretaker who deprives a child of necessary

(2)   food, shelter, health care, or supervision appropriate to the child’s age, when the parent, or guardian, or caretaker is able to make the necessary provisions and the deprivation may likely to harm the child’s physical, mental, or emotional health is guilty of neglect of a child, which is a misdemeanor.  A gross misdemeanor may result if the deprivation results in  harm to the child’s physical, mental, or emotional health.


(3)   A parent, legal guardian, or caretaker who knowingly permits the continuing                        


(4)   physical or sexual abuse of a child is guilty of neglect of a child, which is a gross misdemeanor.


b)         Endangerment.  A parent, legal guardian, or caretaker who endangers a child by:


(1)   intentionally or recklessly causing or permitting a child to be placed in a situation likely to substantially harm the child’s physical, mental, or emotional health or cause the childs death; or


(2)   knowingly causing or permitting the child to be present where any person is selling, using or possessing a controlled substance, including alcohol, is guilty of misdemeanor child endangerment.


(c). Endangerment by firearm access or other dangerous apparatus.  A person who intentionally, negligently or recklessly causes a child under 14 years of age to be placed in a situation likely to harm the child’s physical health or that of any individual or cause the child’s death as a result of the child’s access to a loaded firearm is guilty of child endangerment


A gross misdemeanor may result if such endangerment results in harm to the child’s physical health.


(Section 503.07, Neglect or Endangerment of a Child added to Tribal Code by Resolution No. 74-98, dated May 12, 1998)




CHAPTER 504
CRIMES AGAINST THE TRIBE


504.01             Carrying Handguns


Subdivision 1. Definitions. 


a)         Handgun means a weapon designed to be fired by the use of a single hand and with an overall length less than 12 inches, or having a barrel or barrels of a length less than sixteen (16) inches; and


1)         from which may be fired one or more solid projectiles by means of a cartridge or shell, or


2)         for which the propelling force is a spring, elastic band, carbon dioxide, air, or other gas or vapor.


Handgun does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun, or nail gun used in the construction industry or children's pop guns or toys.


b)         Crime of violence includes murder in the first degree, murder in the second degree, murder in the third degree,  manslaughter, aiding suicide, aiding attempted suicide, aggravated assault, use of drugs to injure or to facilitate crime, simple robbery, aggravated robbery, kidnaping, false imprisonment, rape, aggravated sodomy, felonious theft, aggravated arson, riot, burglary, reckless use of a gun or dangerous weapon, intentionally pointing a gun at or towards a human being, setting a spring gun, unlawfully owning, possessing, or operating a machine gun, conspiracy and coercion and an attempt to commit any of these offenses.


Subdivision 2. Penalty.  Any Indian, other than a law enforcement officer who has authority to make arrests, who carries, holds or possesses a handgun in a motor vehicle, snowmobile or boat, or on or about his clothes or person, or otherwise in his possession or control in a public place without first having obtained a permit to carry the handgun from the Red Lake Law Enforcement Program is guilty of a gross misdemeanor, and the handgun involved may be confiscated.


Subdivision 3. Application Procedure.  Application for permits to carry a handgun shall be made to the head of the Red Lake Reservation Law Enforcement Program on forms provided by that Department.


Subdivision 4. Grounds for Denial of Permit.  A permit to carry a handgun shall not be granted to the applicant if applicant:


a)         Is under the age of 18 years.


b)         Has been convicted on the Red Lake Reservation or elsewhere of a crime of violence unless 10 years have elapsed since the expiration of the sentence and during that time he has not been convicted of any other crime of violence.


c)         Is or has been confined or committed to a mental institution unless he possesses a current certificate of a medical doctor that he is no longer suffering from any mental disability.


d)         Does not have any occupational or personal safety hazard requiring a permit to carry a pistol.


Subdivision 5. Denial of Permit.  If the head of the Red Lake Reservation law Enforcement Program should refuse to issue a permit to carry a handgun, the applicant may appeal such denial to the Court as a civil action.


Subdivision 6.             Renewal.  Permits to carry a handgun issued pursuant to this section shall expire after one (1) year and shall thereafter be renewed in the same manner as the original permit.


Subdivision 7. False Application.  Any applicant who gives or causes to be given any false information in applying for a permit to carry a handgun, knowing the information to be false, is subject to immediate revocation of the permit or if no permit exists, the application shall be denied.


Subdivision 8. Carrying Handguns Under Certain Conditions.  A permit to carry a handgun is not required of an Indian:


a)         Who keeps or possesses a handgun at his place of business, dwelling house, premises, or on land he possesses.


b)         Who carries a handgun from a place of purchase to his dwelling house or place of business or from his dwelling house or place of business to or from a place where repairing is done provided the handgun is not concealed on his person.


c)         Who carries a handgun between his dwelling house and his place of business provided the handgun is not concealed on his person.


d)         Who carries a handgun in the woods or field or upon the waters for the purpose of hunting or target shooting.


e)         Who transports a handgun in a motor vehicle, snowmobile or boat if the handgun is unloaded and contained in a closed and fastened case or box.

 

Subdivision 9. Number of Handguns.  A person shall be entitled to carry or possess one handgun per permit issued.


(Title of Section  504.01 changed to "Carrying Handguns" by Tribal Council Resolution No. 308-92, dated September 15, 1992)


504.011           Handling Dangerous Weapons - Superseded by Section 504.12


Any Indian who does any of the following is guilty of a gross misdemeanor:


Carelessly or recklessly handles or uses a gun, knife, numchuck, or other dangerous weapon or explosion so as to endanger the safety or well-being of another; or,


Intentionally points a gun of any kind, capable of injuring or killing a human being, whether loaded or unloaded, at or toward another; or,


Intentionally points a knife of any kind, capable of injuring or killing a human being, at or towards another; or,

 

Transfers or possesses metal knuckles or a switchblade knife capable of opening automatically; or,


Possesses any other dangerous article or substance which is capable of injuring or killing a human being for the purpose of being used unlawfully as a weapon against another.


(Section 504.011 added to Tribal Code by Tribal Resolution No. 308-92, dated September 15, 1992)


(Section 504.011, superseded by Section 504.12, added to Tribal Code by Resolution 292-93, dated September 14, 1993

(Section 504.011, Handling Dangerous Weapons, added to Tribal Code by Resolution No. 308-92, dated September 15, 1992, superseding Section 518.02, Handling Dangerous Weapons, created by Resolution 264-90, dated December 11, 1990).


504.12             Handling a Dangerous Weapon


Any Indian who does any of the following is guilty of a misdemeanor:


Recklessly handles or uses a gun or other dangerous weapon so as to endanger the safety of another; or

intentionally points a gun of any kind, capable of injuring or killing a human being (whether loaded or unloaded) at or toward another human being.


(Section 504.12 added to Tribal Code by Resolution No. 292-93 dated September 14, 1993)


504.012           Automatic Weapons


Subdivision 1. Automatic weapon means any firearm designed to discharge or capable of discharging automatically more than one (1) time by a single function of the trigger.


Subdivision 2. Whoever owns, possesses, or operates an automatic weapon is guilty of a gross misdemeanor and the automatic weapon may be confiscated.


Subdivision 3. This section does not apply to law enforcement officers and members of the armed services in either the United States or the State of Minnesota for use of the course of their duties.


(Section 504.012 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)


504.02             Commercial Fishing


Subdivision 1. Policy.  The waters of the Red Lake and all other waters located within the boundaries of the Red Lake Indian Reservation and the fish located within those waters are the property of the Red Lake Band of Chippewa Indians and as such are subject to the governmental jurisdiction of the Red Lake Tribal Council.  In order to preserve, conserve and protect the fish and the fishing industry of the Red Lake Indian Reservation for present and future generations, the following laws are enacted to regulate and control said fishing industry.


Subdivision 2. Rule Making Authority.  The Red Lake Tribal Council is hereby given the right to enact rules and regulations, from time to time, governing fishing on the Red Lake Indian Reservation.


Subdivision 3. Violation of Rules.  Any person who violates any provision of 25 CFR Part 242 (1982) or any rule or regulation issued by the Red Lake Tribal Council regarding fishing on the Red Lake Indian Reservation shall be deemed guilty of a gross misdemeanor and upon conviction thereof shall be subject to the penalty of forfeiture of the right to take fish for a period not to exceed  one (1) year and a fine of not more than $3,000.00 or imprisonment of not more than one (1) year, or any combination of these penalties.  In addition to the penalties provided for herein, any Indian convicted for the illegal sale of fish shall forfeit his right to take fish for any purpose for a period of six (6) months.


Subdivision 4. Gill Nets.  Any person who uses or possesses a gill net with a mesh of less than 3 ˝ inches extension measure shall be guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.


Subdivision 5. Forfeiture.


            a)         A gill net with a mesh of less than 3 ˝ inches extension measure is an illegal net and may be seized by authorized law enforcement personnel as contraband and shall be forfeited.  Upon forfeiture, the Court shall order the illegal net(s) destroyed by the Red Lake Police Department.


b)         All fish taken in violation of these provisions may be seized by authorized law enforcement personnel and shall be subject to forfeiture.  Upon forfeiture gill nets and fish shall be disposed of by the Court.


Subdivision 6. Principles Controlling Penalties.   In determining the amount of any penalty imposed pursuant to this section the Court shall take into account the nature, circumstances, and gravity of the offense committed, and may consider the violators ability to pay, and such other matters as justice may require.


Subdivision 7. Spawning Season.  Spawning season for the Red Lake Reservation waters shall be for the period beginning with the second Saturday of March and ending with the second Saturday of May, annually.  No walleye pike or northern pike (pickerel) shall be taken during the spawning season except for propagation purposes.  Members of the Red Lake Band of Chippewa Indians may spear rough fish only, such as suckers, carp and redhorse, in the creeks and rives of the Red Lakes during the spawning season.  Any person who violates this Subdivision is guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.


Subdivision 8. Closed Season.  The inland lakes and trout streams shall be closed to hook and line fishing beginning with the second Saturday in March to the last Saturday in April each year.  Fishing by hook and line during the period from the last Saturday in April to the second Saturday in May shall be for trout only.  Any person who violates this Subdivision is guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.


Subdivision 9. Members Personal Use.  Members of the Red Lake Band of Chippewa Indians may take all species of fish in reasonable amounts for their own use by spearing or angling in the Red Lake River area west of the outlet bridge during the spawning season.  Any manner of taking fish other than by hook and line and by spearing is prohibited.  Fish shall not be taken in this area during the spawning season for commercial purposes.  Any person who violates this Subdivision is guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.


504.03             Damage to Property of the Red Lake Band


Subdivision 1. Cutting Timber.  Any Indian who shall cut or cause to be cut any timber on the Red Lake Indian Reservation, other than fire wood for home heating fuel used on the Reservation,  without first having secured a valid permit from the Red Lake Tribal Council, or shall cut, cause to be cut, or remove timber from the Red Lake Indian Reservation in violation of the terms and conditions of any permit, or shall refuse to pay the required stumpage on any timber cut upon the Red Lake Indian Reservation is guilty of a misdemeanor.  In addition to the penalties provided for by law, all timber cut or removed from the Red Lake Reservation in violation of this subdivision may be confiscated by the Red Lake Police Department and forfeited pursuant to law and the right to obtain a permit to take timber in the future shall be withheld for a period not to exceed one (1) year from the date of conviction for a violation of this subdivision.  The Court shall also order that all past due stumpage fees be paid.


Subdivision 2. Unauthorized Lease of Land.  Any Indian who leases all or  part of any land which has been assigned or licensed to him/her by the Red Lake Band of Chippewa Indians in violation of the terms of that assignment or license shall be guilty of a misdemeanor.


Subdivision 3. Unauthorized Use of Land.  Any Indian who cuts and makes hay on land not assigned or licensed to him/her by the Red Lake Band of Chippewa Indians or uses land for any agricultural purpose without the proper permit from the Red Lake Band of Chippewa Indians is guilty of a misdemeanor. 


Subdivision 4. Damage to Tribal Property.  Any Indian who shall, without proper authority, use or damage any public, government or tribal property or water rights or cause a substantial interruption or impairment of a public service is guilty of a misdemeanor.


Subdivision 5. Sale of Trust Property.  Any Indian who sells, transfers, assigns, trades or in any manner disposes of trust or restricted property and in the case of livestock, the increases therefrom, in violation of any governmental rule or regulation is guilty of a misdemeanor.


504.04             Violation of Tribal Ordinances


Any Indian who violates an ordinance or resolution of the Red Lake Band of Chippewa Indians in which no penalty is prescribed, shall be guilty of a misdemeanor.


504.05             Setting Fires 


Subdivision 1.             Permit Required.  Any Indian who shall start a fire without first obtaining a burning permit from the Red Lake Band of Chippewa Indians is guilty of a misdemeanor.


Subdivision 2.             Control of Fires.  Any Indian who shall intentionally or negligently set a fire and fails to properly control it and extinguish it is guilty of a misdemeanor.  In addition to the criminal penalties provided from herein, the perpetrator of the fire may be held civilly liable for any damage caused by the failure to properly control and extinguish said fire.


504.06             Littering


Any Indian who shall throw, put or leave any refuse upon any of the highways, streets or avenues of the Red Lake Indian Reservation or shall fail to clean up any glass or other debris on such highways, streets or avenues as the consequences of an accident in which he was a participant, is guilty of a petty misdemeanor.


504.07             Removal of Non-Members


Subdivision 1.             Cause For Removal.  Any person who is not legally entitled to reside on the Red Lake Indian Reservation and whose presence is or may be injurious to the peace, happiness and welfare of the members of the Red Lake Band of Chippewa Indians may be removed from the Red Lake Indian Reservation.


Subdivision 2. Procedure for Removal.


a)         Authority of Chairman.  The Chairman of the Tribal Council of the Red Lake of Chippewa Indians shall have the authority to remove those persons described in Subdivision 1 hereof and shall issue a written order of removal to the Red Lake Police Department to carry out the terms of the removal order.


b)         Authority of the Red Lake Tribal Court.  Any member of the Red Lake Band of Chippewa Indians and law enforcement personnel, including the Red Lake Police Department and Red Lake Tribal Game Wardens, may petition the Red Lake Tribal Court to have those persons described in Subdivision 1 hereof removed from the Red Lake Indian Reservation.  The petition need not be in any particular form but must state with particularity the name of the person to be removed and the grounds for such removal.  The Red Lake Tribal Court upon the filing of the petition shall fix a date for a hearing on the petition, which date shall not be more than fourteen (14) days from the date of the filing of the petition.  The petition along with the notice of hearing shall be served upon the person to be removed in accordance with Section 200.06 of the Code.  At the hearing the Red Lake Tribal Court shall hear evidence presented by all parties.  The Red Lake Tribal Court after a hearing shall render its decision and shall make its recommendation to the Red Lake Tribal Chairman as to the removal or non-removal of the individual sought to be removed.  The Red Lake Tribal Chairman shall have the final decision on the removal or non-removal of an individual.


Subdivision 3.             Penalties.  Any person who shall be served with a removal order and shall refuse to leave the lands of the Red Lake Indian Reservation or any person who shall return to the Red Lake Indian Reservation in violation of a removal order is guilty of trespassing.


Subdivision 4. Hearing.    Any person who has been served with a written removal order as provided for herein shall have the right to request a hearing before the Red Lake Tribal Council.  The request shall be in writing and shall be served by mail on the Secretary of the Red Lake Tribal Council no later than five (5) days after the date of service of the removal order.  The Secretary of the Red Lake Tribal Council, upon receipt of a request for a hearing, shall schedule a hearing before the Red Lake Tribal Council no later than ten (10) days after the date of service of the request for hearing on him.  Pending the date scheduled for the hearing, the person served with the removal order shall abide by all the terms of the removal order; except, the person so served may attend any scheduled hearing on the removal order or continuance thereof.


(Section 504.07 amended to the Tribal Code by Resolution No. 308-92, dated September 15, 1992)


504.08     Liquor


Subdivision 1. Definitions.  An alcohol beverage is any beverage produced by distilling, brewing, or fermentation, which produces ethyl alcohol, homemade liquor, beer, malt liquor, ale, whiskey, brandy, gin, vodka, rum, wine, and including other distilled spirits, and including all dilutions and mixtures thereof.


Subdivision 2.  Any person who shall possess, actually or constructively, transport or manufacture any alcoholic beverage within the boundaries of the Red Lake Indian Reservation is guilty of a petty misdemeanor.


Subdivision 3.  Any Person who shall sell any  alcohol beverage within the boundaries of the Red Lake Indian Reservation is guilty of a gross misdemeanor. 


(Section 504.08 Amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

(Section 504.08 Subdivisions 1, 2, & 3 amended by Resolution No. 54-95, dated March 14, 1995)

(Section 504.08, Subd. 3 amended to Tribal Code by Resolution No. 229-97, dated November 25, 1997) Note: Statement from Chief May Dway Gwa No Nind also added.


504.09     Embezzlement


Any Indian, who, having the lawful custody of property not owned by him/her, shall convert the same to his own use, with the intent to deprive the owner lacy, in any manner or form, is guilty of embezzlement.  Embezzlement is a gross misdemeanor.


504.10     Fighting Forest Fires


Any male Indian, who is physically able, between the ages of 18 and 55 years, without a good and sufficient excuse, who refuses to fight forest fires on the Red Lake Indian Reservation when requested to do so by an agent of the United States Government, the Red Lake Police Department or Tribal Forest officers is guilty of a petty misdemeanor.


504.11     Curfew


Any Indian whose minor children, or any minor children under his/her care and control, are found  loitering or walking on the streets, highways or other public places other than the children’s own residence on the Red Lake Indian Reservation without their parent or guardian, between the hours 10:00 o'clock p.m. and 6:00 o'clock a.m. is guilty of a petty misdemeanor.  Curfew shall be extended for a period of one hour following the conclusion of any adult supervised social event attended by a minor child.  A minor child who is under the age of eighteen (18).


(Section 504.11 amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

(Section 504.11 amended to the Tribal Code by Resolution No. 308-92, dated September 15, 1992)

(Section 504.11 revised to the Tribal Code by Resolution No. 54-95, dated March 15, 1995)


[Editor's note: strike-through and underlines in original.]



504.12             Handling a Dangerous Weapon


Any Indian who does any of the following is guilty of a misdemeanor:


a)         recklessly handles or uses a gun or other dangerous weapon so as to endanger the safety of another; or


b)         intentionally points a gun of any kind, capable of injuring or killing a human being (whether loaded or unloaded) at or toward another human being.


(Section 504.12 added to Tribal Code by Resolution 292-93, dated September 14, 1993)


504.13             Control of Vicious Dogs


Any Indian who causes bodily harm to another person by negligently or intentionally failing to keep a dog properly confined is guilty of a misdemeanor.  It shall be an affirmative defense to liability under this section that the victim provoked the dog to cause the victim's bodily harm.


(Section 504.13 added to Tribe Code by Resolution No. 292-93, dated September 14, 1993)


504.14             Sale or Transfer to persons under eighteen.


No person shall sell or transfer possession of any glue, spray paint, inhalant or room odorizer containing the intoxicating substances defined in section 700.06C to another person under eighteen (18) years of age.  Any violation shall be a misdemeanor.


(Section 504.14 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)


504.15             Possessing, dealing in.


No person shall, for the purpose of intentionally violating or aiding another to violate any Section 700.06C or 504.15, possess, buy, sell, transfer possession, or receive possession of any glue or spray paint containing the intoxicating substances defined in Section 700.06C.  Any violation shall be a misdemeanor.


(Section 504.15 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)




CHAPTER 505
THEFT AND RELATED CRIMES


505.01    Theft


Subdivision 1.             Acts of Theft.  Any Indian who does any of the following, commits theft and may be sentenced as provided in Subdivision 2:


a)         Intentionally and without claim or right takes, uses, transfers or retains possession of the property of another without his consent and with intent to deprive the owner of possession of the property; or


b)         Obtains for himself/herself or another the possession of property or the performance of a service by a third person by intentionally deceiving him/her with a false representation which is known to be false, made with intent to defraud and which does defraud the person to whom it is made; or


c)         By swindling, whether by artifice, trick, devise, or any other means, obtained property or services from another person; or


d)         Finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates the property to his own use or to that of another not entitled thereto without first having made a reasonable effort to find the owner and offer and surrender the property to him/her; or


e)         Obtains the services of another with the intention of receiving those services without making the agreed or reasonable expected payment of money or other consideration; or


f)          Receives, retains or disposes of the property of another knowing that it has been stolen or believing that it has probably been stolen, unless the property was entrusted to him/her; or


g)         Intentionally disposes of, uses or transfers any interest in property which has been entrusted to him/her as a parent, guardian or for any other reason, for other than the purpose or purposes for which the property was entrusted to him/her; or


h)         Alters, removes or obliterates numbers or symbols placed on personal property for purposes of identification with the intent to prevent identification, if the person who alters, removes or obliterates the numbers or symbols is not the owner and does not have permission of the owner to make the alteration, removal or obliteration; or


i)          With the intent to prevent the identification of property so as to deprive the owner of possession lacy, alters or removes any permanent serial number, permanent distinguishing number or manufactures identification number with knowledge that the permanent serial number, permanent distinguishing number or manufactures identification number has been removed or altered.


Subdivision 2. Sentence.  Whoever commits theft may be sentenced as follows:


a)         If the value of property or services stolen does not exceed $100.00, the offense shall be classified as a petty misdemeanor and sentencing shall be made according to the provisions on petty misdemeanor definitions.


b)         If the value of the property or services stolen exceeds $100.00 but does not exceed $500.00, the offense shall be classified as a misdemeanor and sentencing shall be made according to the provisions on misdemeanor and sentencing shall be made according to the provisions on misdemeanor definitions.


c)         If the value of the property or services stolen exceeds $500.00, the offense shall be classified as a gross misdemeanor and sentencing shall be made according to the provisions on gross misdemeanor definitions.


d)         Restitution may be ordered in the discretion of the court.


505.02             Unauthorized Use of a Motor Vehicle


Subdivision 1. Acts Constituting.  Any Indian who intentionally takes or drives a motor vehicle without the consent of the owner or his authorized agent is guilty of a gross misdemeanor.

This subdivision also applies to any individual(s) bringing a stolen vehicle within the exterior borders of the Red Lake Reservation.


Subdivision 2. Definition.  Motor vehicles means any self-propelled device whether operated on land, rails, water or in the air.


(Section 505.02, Unauthorized Use of a Motor Vehicle, Subd. 1 amended to Tribal Code by Resolution no. 74-98, dated May 12, 1998)

505.03             Receiving Stolen Property


Subdivision 1.  Any Indian who receives, possesses, transfers, buys or conceals stolen property knowing or having reason to know the property was stolen, unless the property is received, retained or disposed of with intent to restore it to the owner, is guilty of receiving stolen property and may be sentences as follows:


a)         If the value of property does not exceed $100.00, the offense is classified as a petty misdemeanor.


b)         If the value of the property exceeds $100.00, but does not exceed $500.00, the offense is classified as a misdemeanor.


c)         If the value of the property exceeds $500.00, the offense is classified as a gross misdemeanor.


(Section 505.03 Added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)


505.04             Obtaining Public Assistance by Fraud


Subdivision 1.    FRAUD.  Any Indian who obtains or attempts to obtain, or aids or abets any Indian to obtain by means of an intentional false statement or representation, by concealment of a material fact, or by impersonation or other fraudulent device, public assistance, including food stamps, to which the Indian is not entitled or public assistance, including food stamps, in an amount which is greater than that to which the Indian is entitled is guilty of theft and shall be sentenced in accordance with Section 505.01 of the Tribal Code.


Subdivision 2.     RECOVERY OF ASSISTANCE.  The amount of public assistance determined by the Red Lake Nations Court to have been incorrectly paid shall be recoverable from the Indian who received the same by the Red Lake Tribe as a debt due to the Tribe.


(Section 505.03 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992).

(Section 505.04 renumbered to Tribal Code by Resolution No. 135-97, dated June 24, 1997)




CHAPTER 506
CRIMES AGAINST ADMINISTRATION OF JUSTICE


506.01             Perjury


Subdivision 1. Acts Constituting.  Any Indian who, in any official proceeding of the Red Lake Band of Chippewa Indians, or the court systems thereof, makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, or makes a false statement in any writing which is required or authorized by law to be under oath or affirmation, when the statement is material and the defendant does not believe it to be true, is guilty of perjury.


Subdivision 2. Sentence.  Conviction of perjury is a gross misdemeanor.


506.02             Escape


Subdivision 1. Acts Prohibited.  Any Indian who unlawfully removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period is guilty of escape.


Subdivision 2. Exceptions.  Official detention does not include supervision or probation or parole or constraint incidental to release on bail.


Subdivision 3. Sentence.  Conviction of escape is a gross misdemeanor.


506.03             Obstructing Legal Process or Arrest


Any Indian who intentionally obstructs, hinders or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense or interferes with a police officer while the officer is engaged in the performance of his/her official duties is guilty of obstruction of the legal process.  A conviction of obstruction of the legal process is a misdemeanor.


506.04             Aiding on Offender to Avoid Arrest


Subdivision 1. Acts Prohibited.  Any Indian who harbors, conceals or aids another known by him/her to have committed a crime under the laws of the Red Lake Band of Chippewa Indians or a state or of the United States with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment is guilty of aiding an offender.


Subdivision 2. Sentence.  A conviction of aiding an offender is a gross misdemeanor.


506.05             Release, Failure to Appear


Subdivision 1. Any Indian who has been charged with or convicted of a crime and held in lawful custody therefor, and is released from custody, with or without bail or recognizance, on the condition that he personally appear when required with respect to such change or conviction, and intentionally fails without lawful excuse, to so appear when required or surrender himself/herself within three days thereafter, is guilty of an offense.  A conviction of an offense under this section is a misdemeanor, for which a failure to appear will constitute a gross misdemeanor.


Subdivision 2.             The Tribal Prosecutor is duly authorized to file a complaint for Release, Failure to Appear and prosecute said offense.


(Section 506.05 Subd. 1 revised and Subd. 2 added to Tribal Code by Resolution No. 167-95 dated,

August 8, 1995)


506.06             Misconduct of Judicial Officer


Any Indian who is a Judicial Officer and does either of the following is guilty of a misdemeanor:


a)         Agrees with or promises another to determine a cause or controversy or issue pending or to be brought before him/her for or against any party; or


b)         Intentionally obtains or receives and uses information relating to the proceeding before him/her contrary to the regular course of the proceeding.


506.07             Destruction of Evidence


Any Indian who destroys a writing or object to prevent it from being produced at a trial or other proceeding authorized by law is guilty of an offense.  A conviction under this section is a

gross misdemeanor.


506.08             Criminal Contempt


The courts of the Red Lake Indian Reservation have the power to punish for contempt of their authority in the following situations:


a)         Misbehavior of any person in its presence or so near thereto as to the administration of justice; or


b)         Disobedience or resistance to any process, order, subpoena, warrant or command of the court.


Criminal contempt is a misdemeanor.


Subdivision 2. The Tribal Prosecutor is duly authorized to file a complaint for Criminal Contempt and prosecute said offense.


(Section 506.08 Subd. 2 added to Tribal Code by Resolution No 167-95  dated, August 8, 1995)


506.09             Fleeing an Officer


Subdivision 1. Definition of Flee.  For purposes of this section, the term "flee" means to attempt to elude a police officer after a signal has been given by such police officer to stop.


Subdivision 2. Fleeing.  Any Indian who flees or attempts to flee a police officer  in a motor vehicle after having been signaled by such police officer to stop shall be guilty of a gross misdemeanor.


Subdivision 3.  Fleeing by foot or non motor vehicle.  Any person who flees or attempts to flee a police officer by foot or in a non-motor vehicle after having been signaled by such police officer to stop shall be guilty of a misdemeanor.


(Section 506.09 added to Tribal Code by Resolution No. 264-90, dated December 11, 1990).

(Section 506.09 amended to Tribal Code by Resolution No, 229-97, dated November 25, 1997)


506.10             Refusal to Assist a Police Officer


Any Indian who is requested by a Red Lake Police Officer to provide assistance to such police officer in the performance of the officers official duties, shall have a duty to provide reasonable assistance to such police officer.  A refusal by such Indian to provide reasonable assistance to a police officer as required herein shall constitute a misdemeanor.


(Section  506.10 added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)


506.11             Witness and Juror Tampering


Subdivision 1. Any Indian who interferes or attempts to interfere with any legal process or witness testimony by intimidating, harassing, threatening, or to interfere with a witness in any manner which tends to intimidate or instill fear, shall be guilty of a misdemeanor.


Subdivision 2.  Any Indian who interferes or attempts to interface with a juror or prospective juror by intimidating, harassing, threatening, or to interfere in any manner which tends to intimidate or instill fear in any juror, shall be guilty of a misdemeanor.


(Section 506.11 Witness and Juror Tampering added to Tribal Code by Resolution No, 39-95, dated February 15, 1995)




CHAPTER 507
PUBLIC MISCONDUCT OR NUISANCE


507.01             Unlawful assembly


When two or more Indians assemble, each participant is guilty of unlawful assembly which is a misdemeanor if the assembly is:


a)         With intent to commit an unlawful or lawful act by force; or


b)         With intent to carry out any purpose in such a manner as will disturb or threaten the public peace; or


c)         Without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace.


507.02              Riot


When two or more Indians are assembled and disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot which is a gross misdemeanor.


507.03             Terroristic Threats


Subdivision 1.  Any Indian who threatens to commit any crime with the purpose to terrorize another or to cause evacuation of a building or place of assembly or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience is guilty of Terroristic threat which is a gross misdemeanor.


Subdivision 2.  Any Indian who communicates to another with the purpose to terrorize another or in reckless disregard of the risk of causing such terror, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present, is guilty of an offense under this subdivision which is a gross misdemeanor


507.04             Public Nuisance


Any Indian who by his act or failure to perform an act does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:


a)         causes a disturbance to the health, safety or peace and comfort of any number (including one) of members of the public;


b)         Interferes with, obstructs, or renders dangerous for passage, any public highways or right-of-way, or waters used by the public;


c)         maintains or permits conditions which disturb the health, safety or peace and comfort of any number (including one) of members of the public.


d)         fails to obey a police officer who commands an individual to refrain from interfering with a police officer's duties or fails to leave or keep away from a public or private place, in order to maintain peace.


7)                  Police or security officers have the right to exclude any individual(s) for the remainder of a public gathering or pow wow.  If an individual(s) returns, then individual(s) will be found in violation of Section 507.04, Subdivision (d).


(Section 507.04 Subd.s (a) amended and (c) added by Resolution No. 16-94, dated January 11, 1994).

(Section 507.04 Subd. (d) added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)

(Section 50704. Subd. (e) added to Tribal Code by Resolution No. 229-97, dated November 25, 1997)


507.05             Disorderly Conduct


Any Indian who does any of the following in a public or private place, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of peace, is guilty of disorderly conduct which is a misdemeanor:


a)         Engages in brawling or fighting; or


b)         Disturbs an assembly or meeting, not unlawful in its character; or


c)         Engages in offensive, obscene, or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others.


d)         Because of intoxication, alarms, angers or disturbs other persons on public or private property.  Under  such circumstances, the police shall have authority to immediately remove such Indian from the public or private property where he is causing the disturbance.

 

(Section 507.05 Amended to the Tribal Code by Resolution No. 205-90, dated September 11, 1990)


Section 507.055          Disorderly House


The owner, occupant, or renter of any dwelling who maintains or permits conditions which allow or lead to:  Disturbances or disorderly conduct, presence of alcohol or other controlled substances amongst a group setting, or calls for intervention by law enforcement personnel, shall be guilty of maintaining a disorderly house, which is a misdemeanor.


(Section 507.055, Disorderly House added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)


Section 507.065          Gross Misdemeanor Disorderly House


Any person found guilty of maintaining a disorderly house under Section 507.055 of this Code who has been convicted of the same crime within the twelve (12) months prior to the date of any new offense under Section 507.055, shall be guilty of Gross Misdemeanor Disorderly House.


(Section 507.065, Gross Misdemeanor Disorderly House added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)


507.06             Obscene or Harassing Telephone Calls


Subdivision 1.  Any Indian who, by means of a telephone does any of the following shall be guilty of a misdemeanor:


a)         Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent, or


b)         Makes a telephone call, whether or not conversation ensues, without disclosing the caller's identity and with intent to annoy, abuse, threaten, or harass any person at the called number, or


c)         Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number, or


d)         Having control of telephone, knowingly permits it to be used for any purpose prohibited by this section.


507.07             Vandalism.


Any Indian who defaces, defiles, damages, harms, injures or destroys real, personal or public property in whole or part, shall be guilty of vandalism, which shall be punished in the following manner.


a)         Petty Misdemeanor.  Vandalism shall be punished as a petty misdemeanor if the value of the property does not exceed $100.00.


b)         Misdemeanor.  Vandalism shall be punished as a misdemeanor if the value of the property is from $100.00 to $500.00.


c)                     Gross Misdemeanor.  Vandalism shall be punished as a gross misdemeanor if the                       value of the property exceeds $500.00.


d)         Restitution can be ordered in the discretion of the Court in addition to or in lieu of fine or imprisonment.

(Section 507.07 Vandalism added to Tribal Code by Resolution No. 262-94, dated July 13, 1994)


507.08             Attempted or Assisted Suicide


Subdivision 1.  Any Indian who attempts to take his or her own life, with a firearm, knife, sharp object, controlled substance, medication, prescribed or over-the-counter, rope, or like means is guilty of a misdemeanor.


Subdivision 2.  Any Indian who assists an attempted suicide by any means including but not limited to providing firearms, ammunition, weaponry of any sort, controlled substances, medication, prescribed or over-the-counter, rope or like means is guilty of a misdemeanor.


Subdivision 3.  Penalties shall include, but not limited to, a mandatory mental health evaluation, placement in a mental health facility, and/or a mandatory 90 day commitment to the Redby Halfway House.


(Section 507.08 added to the Tribal Code by Resolution No. 216-95, dated September 28, 1995)



507.09 Harassment; Stalking; Penalties


Subdivision 1.  Definition.  As used in this section, “harass” means to engage in intentional conduct in a manner that:


1)                                       would cause a  person under such circumstances to feel oppressed, persecuted, or intimidated; and

2)                   causes this reaction on the part of the victim.



Subdivision 2.   Harassment and Stalking Crimes.


A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor;


1.                                          directly or indirectly manifests a purpose or intent to injure a person, property, or rights of another by the commission of an unlawful act;


2.                                          stalks, follows, or pursues another;


3.                                          returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;


4.                                          repeatedly makes telephone calls, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;


5.                                          makes or causes the telephone of another repeatedly or continuously to ring;


6.                                          repeatedly uses mail or delivers or causes the delivery of letters, telegrams, packages, or other objects; or


7.                                          engages in any other harassing conduct that interferes with another person or intrudes on the person’s privacy or liberty.


Subdivision 3. Pattern of harassing conduct or Stalking.


a)         A person who engages in a pattern of harassing conduct with respect to a single victim or one or more members of a single household in a manner that would cause a reasonable person under the circumstances to feel terrorized or to fear bodily harm and which does cause this reaction on the part of the victim, is guilty of a gross misdemeanor.


8)      for purposes of this subdivision, a “pattern of harassing conduct” means two or more acts within a five-year period that violate the provisions of any of the following:


(1)        Section 507.03, Terroristic Threats


(2)        Chapter 804, Domestic Abuse, Section 804.08, Violation of an Order


(3)        Section 509.01, Trespass


(4)        Section 507.06, Obscene or harassing telephone calls


(5)        Section 509.07, Burglary


(6)        Section 509.06, Criminal Damage to Property


or any two or more acts within a five year period that would cause a reasonable person under the circumstances to feel oppressed, persecuted, or intimidated.


(Section 507.09, Harassment; Stalking; Penalties added to Tribal Code by Resolution No. 74-98, dated May 12, 1998)



CRIMES RELATING TO MORALITY AND DECENCY


508.01             Prostitution


Any Indian who:


a)         Is an inmate of a house of prostitution, manages a house of

                        prostitution, or is otherwise engaged in sexual activity as a business; or


b)         Solicits another person to hire a prostitute or commit an act of prostitution; or


c)         Loiters in view of any public place with the intent of being hired to engage in sexual activity; or


d)         Hires a prostitute to engage in sexual activity or enters or remains in a house of prostitution with intent to engage in sexual activity, is guilty of prostitution or patronizing a prostitute.  Prostitution is a gross misdemeanor.


508.02             Cohabitation


Any Indian who shall live or cohabit with another as husband and wife, not then and there being married, shall be guilty of a misdemeanor.


508.03             Sodomy


Any Indian who carnally knows in any manner any animal or bird, or carnally knows any male or female by the anus or by or with the mouth or voluntarily submits to such carnal knowledge; or attempts sexual intercourse with a dead body is guilty of sodomy which is a gross misdemeanor.


508.04             Fornication


When any single Indian man and any single Indian woman have sexual intercourse with each other each is guilty of fornication which is a misdemeanor.


508.05             Indecent Exposure


Subdivision 1.  Any Indian who exposes his or her genitals or other intimate parts, in any public place where other persons are present, is guilty of indecent exposure which is a misdemeanor, except if the act is done in the presence of a minor, such crime shall be deemed a gross misdemeanor.


Subdivision 2.  Any Indian guilty of Indecent Exposure involving a child or children, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.


(Section 508.05 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)


508.06             Carnal Knowledge of Children


Subdivision 1. Definition.  Carnal Knowledge or carnally know shall mean the act of having sexual intercourse.


Subdivision 2.  Every Indian who shall carnally know or abuse any child under the age of eighteen (18) years shall be guilty of a gross misdemeanor.  Neither mistake as to the age nor consent to the act by the minor is a defense.


Subdivision 3.  Any Indian guilty of Carnal Knowledge of Children, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.


(Section 508.06 Subd. 1 & 2 amended and Subd. 3 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)


508.07             Aggravated Sexual Assault


Subdivision 1.  Any Indian who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of Aggravated Sexual Assault if:


a)         The defendant compels the other person to submit by force or by any threat that would render a person of reasonable firmness incapable of resisting; or


b)         The defendant or someone else, with the defendant's knowledge, has substantially impaired the other person's power to appraise or control that person's conduct by administering or employing, without the other person's knowledge, intoxicants, drugs or another similar substance with intent to prevent resistance; or


c)         The other person is unconscious or under hypnosis; or


d)         The defendant knows that the other person submits because the other person falsely supposes the defendant to be someone else, unless the defendant is the spouse of the other person; or


e)         The other person is under eighteen (18) years of age; or


f)          The defendant knows that the other person suffers from a mental disease or defect which renders that person incapable of understanding the nature of his or her conduct, unless the defendant is the spouse of the other person; or


g)         The other person is in official custody or otherwise detained in a hospital, prison, or other similar institution and the defendant has supervisory or disciplinary authority over the detained person.


"Sexual act" means sexual contact between human beings consisting of contact between the penis and vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus.  For the purpose of this Code, sexual contact between the penis and vulva, or between the penis and the anus, occurs upon penetration, however slight.  Emission is not required.


Neither mistake as to the age nor consent to the act by the minor is a defense.


Aggravated Sexual Assault is a gross misdemeanor.


Subdivision 2.   Any Indian guilty of Aggravated Sexual Assault, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.


(Section 508.07 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)


(Section 508.07 Amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)


508.08             Indecent Liberties


Subdivision 1.  Every Indian who shall take indecent liberties with or on the person of any female or male, without that persons consent, and every person who shall take indecent liberties with or on the person of any female or male under the age of eighteen (18) years, without regard to whether the person shall consent to the same or not, is guilty of a gross misdemeanor.


Subdivision 2.  Any Indian guilty of Indecent Liberties, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation. 


(Section 508.08 Amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

(Section 508.08 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95 dated September 28, 1995)


508.09             Contributing to Delinquency of Minor


Any Indian person who by act, word or omission encourages, causes or contributes to the delinquency of a child, or to a child's status as a habitual truant, runaway, juvenile offender, juvenile alcohol offender, or juvenile controlled substance offender, is guilty of a misdemeanor.




CHAPTER 509
DAMAGE OR TRESPASS TO PROPERTY


509.01             Trespass to Property


Any Indian who, knowing that he or she is not licensed or privileged to do so is guilty of trespassing, which is a misdemeanor, if the Indian does any of the following:


a)         Enters or remains in any building or occupied structure, or separately secured or occupied portion thereof; or


b)         Enters or remains in any place as to which notice against trespass is given by:  actual communication to the defendant, or posting in a manner reasonably likely to come to the attention of the defendant, or fencing or other enclosure designed to exclude intruders; or


c)         Intentionally allows livestock to occupy or graze on the lands of another person; is guilty of trespass which is a misdemeanor.


509.02             Defeating Security on Realty


Any Indian who sells, gives, conveys, transfers, assigns or damages real property which is subject to a mortgage with intent to impair the value of the security, without the consent of the security holder, is guilty of an offense which is punishable as a misdemeanor.


509.03             Defeating Security on Personal Property


Any Indian, who with intent to defraud, does any of the following is guilty of a misdemeanor:


a)         Conveys, removes or transfers personal property in which he knows that another has a security interest; or


b)         Being a debtor and knowing the location of the property refuses to disclose the same to the creditors entitled to possession thereof.


509.04             Arson


Any Indian who unlawfully, by means of fire or explosions, intentionally destroys or damages any dwelling, building, appurtenant structures or any other real or personal property, regardless of who is the owner of the property, is guilty of arson which is a gross misdemeanor.


509.05             Defrauding an Insurer


Any Indian who, with the intent to injure or defraud an insurer, damages or destroys any real or personal property, whether his own or that of another, which at the time is insured by any person, firm or corporation against loss or damage is guilty of an offense which is a gross misdemeanor.


509.06             Criminal Damage to Property


Subdivision 1. Act of Criminal Damage.  Any Indian who intentionally or negligently or recklessly, causes physical damage to property of another without the latter's consent may be sentenced as provided in Subdivision 2.


Subdivision 2. Sentence.  Any Indian who is found guilty of committing criminal damage to property may be sentenced as follows:


a)         If the value of the property damaged does not exceed $100.00, the offense shall be classified as a petty misdemeanor and sentencing shall be made in accordance with the provisions defining petty misdemeanor.


b)         If the value of the property damaged exceeds $100.00 but does not exceed $500.00, the offense shall be classified as a misdemeanor and sentencing shall be made in accordance with the provisions defining misdemeanors.


c)         If the value of the property damaged exceeds $500.00, the offense shall be classified as a gross misdemeanor and sentencing shall be made in accordance with the provisions defining gross misdemeanor.


d)         Restitution may be ordered in the discretion of the Court.


(Section 509.06 amended to Tribal Code by Resolution 53-92, dated February 11, 1992).

(Section 509.06 amended to Tribal Code by Resolution 54-95, dated March 14, 1995).


509.07             Burglary


Any Indian who enters a building or dwelling without consent and with intent to commit a crime therein is guilty of burglary which is a gross misdemeanor.


(Section 509.07 added to Tribal Code by Resolution No. 53-92, dated February 11, 1992).


509.08             Breaking and Entering


Any Indian who enters or occupies a building or dwelling without consent of the owner or the consent of the person who has the right to give consent; except, in emergency situations, is guilty of breaking and entering which is a misdemeanor.


(Section 509.08 added to Tribal Code by Resolution No. 53-92, dated  February 11, 1992)




CHAPTER 510
ANTICIPATORY CRIMES


510.01             Attempts


Subdivision 1.  Any Indian who, with intent to commit a gross misdemeanor, does an act which is a substantial step toward the commission of the crime, is guilty of an attempt to commit that crime.


Subdivision 2.  It is a defense to a charge of attempt that the gross misdemeanor was not committed because the defendant ceased voluntarily and in good faith and therefore abandoned his intention to commit the crime.


Subdivision 3.  Punishment for an attempt shall be equal to the punishment provided for the crime.


510.02             Conspiracy


Subdivision 1.  Any Indian who conspires with another to cause a third person to be arrested or prosecuted on a criminal charge knowing the charge to be false is guilty of a misdemeanor.


Subdivision 2.  Any Indian who conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such a conspiracy each is guilty of an offense which is punishment in the same manner as provided for in the crime.




CHAPTER 511
CRIMES OF COMPULSION


511.01             Coercion


Subdivision 1.  Any Indian who orally or in writing makes any of the following threats and thereby causes another against his will to do any act or forbear doing a lawful act is guilty of coercion:


a)         A threat to unlawfully inflict bodily harm upon the person threatened; or


b)         A threat to unlawfully inflict damage to the property of the person threatened; or


c)         A threat to unlawfully injure a trade, business or profession of the person threatened; or


d)         A threat to expose any person to public disgrace or ridicule.


Subdivision 2.  The punishment for a violation of Subdivision 1 a) or b) shall be as provided for in gross misdemeanor and the punishment for a violation of Subdivision 1 c) or d) shall be as provided for in misdemeanors.




CHAPTER 512
CRIMES AFFECTING TRIBAL OFFICERS, EMPLOYEES


512.01             Bribery


Subdivision 1. Tribal Officers and Employees.  Any Indian who offers, gives or promises to give, directly or indirectly, to any tribal officer or employee any benefit, reward, or consideration to which he is not legally entitled, with intent thereby to influence such officer or employee with respect to the performance of his powers or duties as such officer or employee, or being a public officer or employee, requests, receives or agrees to receive, directly or indirectly that he will be so influenced is guilty of bribery.


Subdivision 2.  Any Indian who offers, gives or promises to give any benefit, reward or consideration to a witness in a proceeding before the court, with intent to influence the witnesses's testimony or is about to become such a witness and requests, receives or agrees to receive any such benefit, reward or consideration upon the understanding that he will be so influenced is guilty of bribery.


Subdivision 3.  Bribery is a gross misdemeanor.


512.02             Terroristic Threats Against Government Officials


Any Indian who commits or attempts an act of coercion or Terroristic threats directed against any elected official of the Red Lake Band of Chippewa Indians or any officer or employee of the Red Lake Band or members of their family is guilty of a gross misdemeanor.  In addition to the penalties provided for a gross misdemeanor, it shall be mandatory that the defendant shall be imprisoned for a minimum of sixty (60) days.


512.03             Acts Overthrowing the Government


Subdivision 1. Acts of Overthrowing.


a)         Any Indian who intentionally advocates, abets, advises or teaches the desirability or propriety of overthrowing or destroying the government of the Red Lake Band of Chippewa Indians by force or violence or by assassination of any such government, is guilty of an offense and shall be punished as provided for herein.


b)         Any Indian who with intent to cause the overthrow or destruction of the government of the Red Lake Band of Chippewa Indians, prints, publishes, issues, circulates, sells or distributes any written or printed matter advocating, advising or teaching the desirability or propriety of overthrowing or destroying such government by force or violence, is guilty of an offense and shall be punished as provided herein.


c)         If two (2) or more Indians conspire to commit any offense named in this section, each shall be punished as provided for herein; or


d)         Any Indian who incites, assists, participates or engages in any rebellion or insurrection against the authority of the Red Lake Band of Chippewa Indians or laws thereof or gives aid or comfort thereto, is guilty of an offense and shall be punished as provided for herein.


Subdivision 2. Penalties.  Any Indian convicted of violating Subdivision 1 hereof, shall lose membership in the Red Lake Band of Chippewa Indians pursuant to the procedure governing loss of members contained in Article III, Section 1(b) of the Revised Constitution and By-laws of the Red Lake Band of Chippewa Indians.


512.04             Martial Law


The Chairman of the Red Lake Band of Chippewa Indians, whenever he deems it necessary, for the purposes of relief of the reservation, the enforcement of its laws or the protection of the life and property of the members of the Band, may by public proclamation call a state of emergency and declare martial law to be in effect.  For the purpose, the Chairman may make orders and regulations and enforce the same and appoint all necessary officers, and may require all proper public officers to perform such duties as he may direct.  The duration of the martial law shall not exceed the duration of the state of emergency plus six (6) months thereafter.




CHAPTER 513
GAMBLING


513.01             Gambling


Subdivision 1.  Any Indian who does any of the following, without first having obtained a license from the Red Lake Tribal Council, is guilty of a gross misdemeanor.


a)         Offers wholesale betting to the public for private profit, or


b)         Sells or transfers a chance to participate in a lottery or pull tabs or conducts a lottery, or


c)         Permits a structure or location owned or occupied by him/her or under his control to be used as a gambling place; or


d)         Intentionally participates in the income of a gambling place.


Subdivision 2.  In addition to the penalties provided in Subdivision 1 hereof, a violation of this section or a violation of the terms of any permit or license issued in connection with this section shall cause the following:


a)         The permit shall be revoked by the Tribal Council and shall only be reissued to the defendant in the sole discretion of the Tribal Council; and


b)         Any and all devices used or intended for use as a gambling device, all moneys, material and other property used or intended for use as payment to participate in gambling or a prize or receipt for gambling may be seized and forfeited pursuant to law.


Subdivision 3.  The Red Lake Tribal Council may issue license, pursuant to rules and regulations issued by it from time to time, to non-profit organizations, which are organized for religious, educational, health, fraternal, veteran, governmental or community development purposes, for the purpose of conducting or selling bingo, raffles, tipboards or pull-tabs.


Subdivision 4.  Any organization which has obtained a license pursuant to this section must keep records of each occasion on which it conducts gambling, and must display in a conspicuous place its permit and a sign indicating the purpose for which it is conducting the gambling.  The record must include gross receipts, expenses, profits and disbursements of profits.  The records required to be maintained pursuant to this subdivision must be preserved for at least three (3) years.  A copy of the report must be filed with the Red Lake Tribal Council at the end of each calendar year during which the licensee conducted any gambling.




CHAPTER 514
FORGERY AND RELATED CRIMES


514.01             Forgery


Subdivision 1.  Any Indian who, with the intent to injure or defraud, does any of the following is guilty of forgery which is a gross misdemeanor:


a)         Falsely makes or alters a writing or possesses a falsely made or altered writing; or


b)         Falsely makes or alters a writing or object whereby when genuine, legal rights, privileges or obligations are created, terminated, transferred or so falsifies or alters any writing normally relied upon as evidence of a debt or property rights; or


c)         Falsely makes or alters the records, accounts, or other documents relating to a person, corporation or business; or


d)         Destroys a writing or object to prevent it from being produced at a trial, hearing, or other proceeding authorized by law.


514.02             Issuing Bad Checks


Any Indian who issues any checks, draft, or order upon any bank or other depository knowing that there are not sufficient funds in the defendant's account to pay such check, draft, or order in full upon presentation is guilty of an offense punishable as follows:


a)         If the amount involved is $100.00 or less, the offense shall be punishable as a misdemeanor and if the amount involved is $100.00 or more, the offense shall be punishable as a gross misdemeanor.


b)         If the Indian is convicted of drawing a check, draft or order upon a bank or other depository when he knows that the account is closed, the offense shall be punishable as a gross misdemeanor.


514.03             Obtaining Signature By False Pretenses


Any Indian who, by a false pretense, obtains the signature of another to a writing which is the subject of a forgery in Section 514.01 is guilty of a misdemeanor.


514.04             False Official Statements


Any person subject to this code, who with intent to deceive, signs any false record, return, rule, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, is guilty of a gross misdemeanor.


(Section 514.04 reworded by Resolution No. 229-97, dated November 25, 1997




CHAPTER 515
EXTRADITION


515.01             Extradition of Offenders


Any Indian who resides upon, or comes to the Red Lake Indian Reservation, who is wanted in Federal Court, State Court or on another Indian reservation for a gross misdemeanor, felony offense or for violation of any condition of release for such offenses, which shall be evidenced by an issued Warrant for Arrest, shall be charged under this Section with the offense of being a fugitive from justice and upon conviction thereof, the Court shall order the offender held for and turned over to the federal, state or other reservation officers.


(Section 515.01 amended to the Tribal Code by Resolution No. 308-92, dated September 15, 1992)




CHAPTER 516
CRUELTY TO DOMESTICATED ANIMALS


516.01             Cruelty to Domesticated Animals


Subdivision 1.  No Indian shall torture, beat, neglect, starve, abandon or otherwise treat any animal or animals in a cruel manner whether the animal belongs to himself/herself or another person.  In this chapter domesticated animals are defined as tame, as distinguished from wild, living in or near the habitation of people or by habit or special training in association with people.


Subdivision 2.  No Indian shall allow any maimed, sick, infirm or disabled animal to lie in any street, road or other public place for more than three (3) hours after receiving notice of the animal's condition.


Subdivision 3.  No Indian shall allow any dog belonging to him/her or under his care and control to habitually chase or molest persons traveling peacefully upon the public roads or shall allow any female dog in heat to be unconfined during the term that it is in heat.  In addition to the penalties provided for in Subdivision 4 hereof, the court may order that the animal involved in a violation of Subdivision 2 or 3 hereof shall be disposed of by the Red Lake Police Department.


Subdivision 4.  A violation of this Chapter is a misdemeanor.


516.02             Damage to Animals


Subdivision 1.  Any Indian who shall knowingly attack, chase, destroy, injure or kill any domestic animal which belongs to another person shall be guilty of a misdemeanor.


Subdivision 2. Civil Suit.  The owner of the domestic animal which has been the subject of the offense set forth in Subdivision 1 hereof shall be entitled to recover his damages in a civil action against the perpetrator of the acts referred to in said Subdivision.




CHAPTER 517
LICENSES


517.01             Solicitation


Subdivision 1.  Every person, organization or corporation which solicits contributions, in the form of money or property of any kind or value, from persons on the Red Lake Indian Reservation by any means whatsoever shall, prior to any solicitations, obtain a license from the Tribal Council of the Red Lake Band of Chippewa Indians.


Subdivision 2. Conditions of License.  The Tribal Council may set forth any and all reasonable regulations and conditions to the granting of such a license which may include, but shall not be limited to, requiring the maintenance of financial records, filing annual reports of the activities of the licensee with the Tribal Council and setting the times when solicitations may take place.


Subdivision 3. Violations.  Any person, organization or corporation who shall violate the provisions of Section 517.01 or the terms of any license issued pursuant thereto shall be guilty of a misdemeanor and in addition to the penalties provided for misdemeanors the Court may terminate any license issued for a period of time which it considers reasonable in the exercise of its sound discretion.




CHAPTER 518
CRIMES AGAINST PUBLIC SAFETY AND HEALTH


518.00             Criminal Defamation.


Any person who commits act(s) of Defamation against any other person within the jurisdiction of the Red Lake Band of Chippewa Indians shall be strictly liable for a fine of not more than Five Thousand Dollars  ($5,000.00) per offense and/or restitution as the Court directs.  Intent, whether general or special, shall not be an element of the offense.


Subdivision.    Definitions.


A.        Act of Defamation.     For purposes of this statute, an "act of defamation" shall include any defamation, libel or slander, issued or caused to be issued, orally or by distribution or sale, within the jurisdiction of the Red Lake Band of Chippewa Indians.


B.        Defamation.    For purposes of this statute, the term "defamation" shall mean an untruthful communication or anything that exposes a person, class of persons, a business or other association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to a person's liability to work, conduct business or conduct his/her/their occupation.


C.        Libel.   For purposes of this statute, the term "libel" shall mean any written matter which exposes a person, group of persons, business, or other association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to a person's ability to work, conduct business or conduct his/her/their occupation.


D.        Slander.          For purposes of this statute, the term "slander" shall mean any spoken matter which exposes a person, group of persons, business, or other association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to a person's ability to work, conduct business or conduct his/her/their occupation.


E.         Person.            For purposes of this statute, the term "person" shall mean any individual, business, group of individuals, association of individuals, including minors and adults.


Subdivision 2. Retraction.     If the Court has determined that a defamation has occurred and that a retraction is advisable, the Court may Order the Defendant to print, advertise, or otherwise publish a retraction of the defamatory matter.  If a retraction is Ordered by the Court, the words "RETRACTION" shall appear in bold capital letters above.  The Court may Order a retraction in addition to and not in lieu of any other consequences for criminal or civil defamation.


Subdivision 3  Proof Required.          The proof required shall be as follows:  That the Defendant communicated in writing, orally, or by other means information which the Defendant knew or had reason to know was defamatory to a third person without the consent of the person defamed.


A.        Proof of Damages not required.        No proof that the person defamed was damaged monetarily or otherwise shall be an element of proof.


B.        Intent. Intent not an element of proof required to establish that the offense has occurred.  Defamation shall be a strict liability crime.  Intent shall be one of other factors considered by the Court in determining sentence and/or restitution.


C.        Oral Communication Witnesses.       No person shall be convicted of slander (oral defamation) except on the testimony or sworn affidavit of two (2) or more witnesses.


Subdivision 4. Judgment  or Sentence.


A.        Sentence.        The fine and/or imprisonment shall be within the discretion of the Court.  Factors weighing on the amount of the fine and/or the term of imprisonment shall include but not be limited to the following:  (1) the degree of viciousness or malice involved in the Defamation, (2) the degree of disregard to the truth of the Defamation, (3) the likelihood that the fine and/or term of imprisonment imposed will be repeated, (4) the intent involved shall be a factor weighed with other factors in determining the amount of the fine and/or term of imprisonment.  In addition or in lieu of fine and/or imprisonment, the Court may Order that restitution be made to the victim in the form of money payments, mediation between the parties, or otherwise as the Court directs.


Subdivision 5. Defenses.       Violation of this law shall be justified and not subject to further prosecution of a civil or criminal action if:


A.        Truth with good Motives.      The defamatory matter is true and is communicated with good motives, in good faith and for justifiable ends;


B.        Privilege.        The communication is absolutely privileged;


C.        Public Debate.            The communication consists of a fair comment made in good  faith with respect to persons participating in matters of public concern;


D.        Public Knowledge.      The communication is a fair and true report of a public judicial, legislative or other public or official proceedings;


E.         Duty.   The communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with intent to further such interest or duty.


(Section 518, Criminal Defamation, added to Tribal Code by Resolution No. 16-94, dated January 11, 1994)


518.01             Sale of Tobacco to Children


Subdivision 1.  For the purposes of this section the following terms have the meaning ascribed to them in this section:


a)         "Tobacco" means cigarettes, cigars, and other smoking tobacco, snuff, plug, fine cut and other chewing tobacco;  and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices.


b)         "Tobacco-related Devices" means cigarette papers or pipes used for smoking.


Subdivision 2.  Whoever furnishes tobacco or tobacco related devices to a person under the age of eighteen (18) years is guilty of a misdemeanor.


Subdivision 3.  Whoever uses tobacco or tobacco related devices and is under the age of eighteen (18) years is guilty of a petty misdemeanor.


Subdivision 4.  The offenses set forth in subdivision 2 and 3 shall not be applicable if the furnishing or use of the tobacco or tobacco products is used for religious purposes.


518.02             Superseded by 504.12


(Section 504.12 added to Tribal Code by Resolution 292-93, dated ___________, 1993, superseded 518.02 created by Resolution 264-90, dated December 11,  1990)).



< Home >
< Next >
< Next >