Title
TITLE 21 CRIMES AND PUNISHMENTS (INCLUDES 2019 POCKET PART + AMENDMENTS: SEE HEADER)
Body
*NOTICE: This document is provided as a courtesy. This document includes amendments to the Title 21 2019 Pocket Part as listed below and have not yet been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: <https://cherokee.legistar.com/Legislation.aspx>
Includes: LA 28-20, LA 03-21, LA 07-21, LA 18-21, LA 19-21, LA 29-21, LA 36-21, LA 39-21, LA-02-22, AND LA-33-22
TITLE 21
CRIMES AND PUNISHMENTS
PART I. IN GENERAL
Chapter
1. Preliminary Provisions
2. General Provisions
3. Persons Liable to Punishment
4. Parties to Crime
6. Crimes Against the Executive Power
7. Crimes Against the Legislative Power
8. Crimes Against the Revenue and Property of the Nation
PART II. CRIMES AGAINST PUBLIC JUSTICE
10. Bribery and Corruption
11. Conspiracy
11A. Election Fraud
12. Escapes and Aiding Therein
13. Falsifying Evidence
14. Forging, Stealing, Mutilating and Falsifying Judicial and Public Records and Documents
15. Illegal Use of Government Documents
16. Nepotism
17. Perjury and Subornation of Perjury
18. Rescues
19. Other Crimes Against Public Justice
PART III. CRIMES AGAINST THE PERSON
20. Assault and Battery
21. Attempts to Kill
22. Duels and Challenges
23. Criminal Assaults
24. Homicide
25. Kidnapping
26. Maiming
28. Robbery
29. Suicide
30. Miscellaneous Offenses Against the Person
PART IV. CRIMES AGAINST PUBLIC DECENCY AND MORALITY
31. Abandonment and Neglect of Wife or Children
31A. Contributing to Delinquency of Minors
32. Concealing Death of Children
32A. Trafficking In Children
34. Bigamy, Incest and Sodomy
35. Child Stealing
36. Crimes Against Religion and Conscience
38. Gambling
39. Cherokee Nation Obscenity and Child Pornography Act
40. Junk Dealers
42. Pandering
43. Pawnbrokers
45. Rape, Abduction, Carnal Abuse of Children and Seduction
46. Domestic Abuse
47. Violating Sepulture and the Remains of the Dead
47A. General and Miscellaneous Provisions
PART V. CRIMES AGAINST PUBLIC HEALTH AND SAFETY
48. General and Miscellaneous Provisions
49. Animals and Carcasses
50. Tobacco
51 or 52 Railroad???
PART VI. CRIMES AGAINST PUBLIC PEACE
53. Manufacturing, Selling and Wearing Weapons
CHEROKEE NATION FIREARMS ACT OF 1971
54. Masks and Disguises; Threatening Letters; Unlawful Organizations
55. Other Crimes Against Public Peace
PART VII. CRIMES AGAINST PROPERTY
56. Arson
58. Burglary and House Breaking
59. Embezzlement
60. Extortion and Blackmail
61. False Pretenses, False Personations, Cheats and Frauds
62. False Weights and Measures
63. Forgery or Counterfeiting
64. Frauds and Offenses in Corporation Affairs
65. Frauds in Insurance Companies
67. Injuries to Animals
68. Larceny
69. Malicious Mischief
70. Other Offenses Against Property Rights
PART VIII. CONTROLLED DANGEROUS SUBSTANCES
75. Uniform Controlled Dangerous Substances Act
PART IX. BOATING SAFETY
PART I
IN GENERAL
CHAPTER 1
PRELIMINARY PROVISIONS
Section
1. Title of code
2. Criminal acts are only those prescribed-"This code" defined
3. Crime and public offense defined
4. Crimes classified
5. Felony defined
6. Misdemeanor defined
7. Objects of criminal code
8. Conviction must precede punishment
9. Indian defined
10. Punishment of crimes
10a. Punishment of crimes concerning public officials, appointed officials or department heads
11. Specific statutes in other titles as governing-Acts punishable in different ways-Acts not otherwise punishable by imprisonment
12. Reserved
13. Uniform Reporting System
14. Sentencing Authority
15-20. Reserved
§ 1. Title of code
This title shall be known and may be cited as the Criminal Code of Cherokee Nation.
LA 10-90, eff. November 13, 1990. Amended LA 01-91, eff. February 9, 1991, LA 28-20, eff. December 14, 2020.
§ 2. Criminal acts are only those prescribed-"This code" defined
No act or omission shall be deemed criminal or punishable except as prescribed or authorized by this code. The words "this code" as used in the "penal code" shall be construed to mean "Cherokee Nation Code Annotated."
LA 10-90, eff. November 13, 1990.
§ 3. Crime and public offense defined
A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, any of the following punishments:
1. Imprisonment;
2. Fine;
3. Removal from office;
4. Disqualification to hold and enjoy any office of honor, trust, or profit, under this Nation;
5. Restitution;
6. Community service; or
7. Victim compensation assessment.
LA 10-90, eff. November 13, 1990.
§ 4. Crimes classified
All crimes or offenses are divided into:
1. Felonies;
2. Misdemeanors.
§ 5. Felony defined
A felony is a crime which is, or may be, punishable by imprisonment for more than one year.
§ 6. Misdemeanor defined
Every other crime that is not a felony is a misdemeanor.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 7. Objects of criminal code
This title specifies the classes of persons who are deemed capable of committing crimes, and who are liable to punishment therefor; and defines the nature of the various crimes and prescribes the kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting criminals is regulated by the Code of Criminal Procedure, Title 22 of the Cherokee Nation Code Annotated.
LA 10-90, eff. November 13, 1990, amended , LA 28-20, eff. December 14, 2020.
§ 8. Conviction must precede punishment
The punishments prescribed by this title can be inflicted only upon a legal conviction in a court having jurisdiction.
LA 10-90, eff. November 13, 1990.
§ 9. Indian defined
For the purposes of criminal prosecution and juvenile delinquency under the laws of the Cherokee Nation, the term “Indian” includes:
A. Any person who is a citizen of the Cherokee Nation;
B. Any person who is a citizen or member of any other federally recognized Indian tribe, including Alaska Native entities;
C. Any person who is eligible to become a member of any federally recognized Indian tribe; and
D. Any person who would be considered an “Indian” for the purposes of federal criminal prosecution under 18 U.S.C. § 1152 and/or 18 U.S.C. § 1153.
LA 28-20, eff. December 14, 2020.
§ 10. Punishment of crimes
Except in cases where a different punishment is prescribed by this title or by some existing provisions of law, every offense declared to be a crime is punishable by the maximum punishment provided for by the Indian Civil Rights Act, 25 U.S.C. § 1302(a)(7). Provided that, for any conviction of any offense classified as a misdemeanor, the Court may not impose any penalty or punishment greater than imprisonment for a term of one (1) year or a fine of Five Thousand Dollars ($5,000.00) or both; for felonies and other crimes the Court may subject a defendant to a term of imprisonment greater than one (1) year but not to exceed three (3) years for any one (1) offense, or a fine greater than Five Thousand Dollars ($5,000.00) but not to exceed Fifteen Thousand Dollars ($15,000.00), or both, if the defendant is a person accused of a criminal offense who (a) has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or (b) is being prosecuted for an offense comparable to an offense that would be punishable by more than one (1) year of imprisonment if prosecuted by the United States or any of the states.
LA 10-90, eff. November 13, 1990. Amended LA 01-91, eff. February 9, 1991. Amended LA 10-13, eff. April 13, 2013, LA 28-20, eff. December 14, 2020.
§ 10a. Punishment of crimes concerning public officials, appointed officials or department heads
Any elected official, appointed official or department head who is convicted of a crime concerning bribery, embezzlement, fraud, perjury, or forgery or larceny may in addition to the punishments provided under this title, be subject to the punishment of disqualification from employment with Cherokee Nation.
LA 18-06, eff. August 21, 2006.
§ 11. Specific statutes in other titles as governing-Acts punishable in different ways-Acts not otherwise punishable by imprisonment
A. If there be in any other titles of the laws of this Nation a provision making any specific act or omission criminal and providing the punishment therefor, and there be in this penal code any provision or section making the same act or omission a criminal offense or prescribing the punishment therefor, that offense and the punishment thereof, shall be governed by the special provisions made in relation thereto, and not by the provisions of this penal code. But an act or omission which is made punishable in different ways by different provisions of this code may be punished under any of such provisions, the punishments therein prescribed are substituted for those prescribed for a first offense, but in no case can it be punished under more than one section of law; and an acquittal or conviction and sentence under any one section of law, bars the prosecution for the same act or omission under any other section of law.
B. Provided, however, notwithstanding any provision of law to the contrary, any offense, including traffic offenses, in violation of the laws of this Nation which is not otherwise punishable by a term of imprisonment or confinement shall be punishable by a term of imprisonment not to exceed one day in the discretion of the Court, in addition to any fine prescribed by law.
LA 10-90, eff. November 13, 1990.
§ 12. Reserved
§ 13. Uniform Reporting System
For purposes of any crime specified by the criminal code of this title or any provision of the law in the Cherokee Nation, all criminal and juvenile justice information systems shall adopt and use the uniform reporting standard created and published by the Oklahoma State Bureau of Investigation as provided by Section 1517 of Title 22 of the Oklahoma Statutes. The uniform reporting standard shall ensure the accurate reporting of all criminal and juvenile delinquency information relating to arrests, charges, custody records, dispositions, and any other information record purporting to identify a criminal or juvenile delinquency history record or information to be maintained by any criminal or juvenile justice information system within the Cherokee Nation. The courts, any criminal justice department, and juvenile delinquency department of the Cherokee Nation is hereby directed to comply with and use the uniform reporting standard for reporting and maintaining all criminal justice information systems as set forth in this section.
LA 28-20, eff. December 14, 2020.
§ 14. Sentencing Authority
A. The Cherokee Nation has authority pursuant to the “Tribal Law and Order Act of 2010”, Pub.L. 111-211, Title II, July 29, 2010, 124 Stat. 2261 and 25 U.S.C. § 1302 to subject a person convicted of a crime punishable by the laws of the Cherokee Nation to a term of imprisonment not to exceed three (3) years for any single offense and a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or both.
B. The Cherokee Nation may impose upon a convicted person a total penalty or punishment of imprisonment for not more than nine (9) years in a criminal proceeding.
C. For the purposes of this section, the term “offense” means a violation of a criminal law.
D. For the purposes of this section, the term “criminal proceeding” means a prosecution for a single offense or a series of offenses that are part of a continuing transaction that may constitute separate offenses, but that are closely related in time.
E. If a defendant is convicted in a criminal proceeding for more than one offense where the total punishment upon conviction would be more than nine (9) years, the sentencing judge shall at the time of sentencing order that some or all of the sentences be served concurrently so that a term of imprisonment is not entered where the defendant would be subjected to imprisonment for a term of more than nine (9) years.
LA 28-20, eff. December 14, 2020.
§§ 15-20. Reserved
CHAPTER 2
GENERAL PROVISIONS
MISCELLANEOUS PROVISIONS
Section
21. Prohibited act a misdemeanor, unless stated otherwise
22. Gross injuries-Grossly disturbing peace-Openly outraging public decency-Injurious acts not expressly forbidden
23. Acts punishable under foreign laws
24. Reserved
25. Foreign conviction or acquittal
26. Contempts, criminal acts which are also punishable as
27. Mitigation of punishment
28. Aiding in a crime
29. Sending letter-When complete-Place of prosecution
30. Failure to perform duty
31-40 Reserved
ATTEMPTS
41. Conviction for attempt not permitted where crime is perpetrated
42. Attempts to commit crimes-Punishment
43. Unsuccessful attempt-Another crime committed
44. Attempt defined
45-50 Reserved
51. Offense of habitual criminal and punishment
52. Reserved
53. Attempt to conceal death of child-Punishment on subsequent conviction
54-60 Reserved
SENTENCE AND IMPRISONMENT
61 Sentences to be served in order received by penal institution-Concurrent sentences
62. Sentences to run concurrent with federal or state court sentence
63. Suspended sentence-Revocation-Relinquishment of custody
64. Imposition of fine in addition to imprisonment
65. Civil rights suspended
66. Person of convict protected
67. Conviction does not work forfeiture
68. Sentence-Transfer to Bureau of Prisons
69. Return to Cherokee Nation to complete sentence
70-80 Reserved
PERJURY ON EXAMINATION OF PRIVILEGED WITNESS
81. Testimony-Privilege of witnesses and perjury
DEFINITIONS
91. Terms to have meanings specified unless different meaning appears
92. Willfully defined
93. Negligent-Negligence
94. Corruptly
95. Malice-Maliciously
96. Knowingly
97. Bribe
98. Vessel
99. Peace officer
100. Signature
101. Writing includes printing
102. Real property
103. Personal property
104. Property defined
105. Person defined
106. Person as designating party whose property may be subject of offense
107. Singular includes plural
108. Gender
109. Present tense
110. Intent to defraud
OTHER REMEDIES AND PUNISHMENTS
131. Civil remedies not affected
132. Proceeding to impeach or remove
FINES AND PENALTIES
141. Payment into Cherokee Nation
CRIME VICTIMS COMPENSATION ACT
142.1. Intent of Cherokee Nation Tribal Council
142.2-142.11. Reserved
142.12. Authority to authorize payments
142.13. Revolving Fund Established
142.14-142.17. Reserved
142.18. Victim compensation assessments
WILMA P. MANKILLER VICTIMS’S RIGHTS ACT
143.1 Intent of Cherokee Nation Tribal Council
143.2. Short Title
143.3 Victim’s Rights-Generally
143.4 Duty of the Office of the Attorney General to the Victims
143.5 Duty of Law Enforcement to Victims
143.6 Victim Impact Statements
MISCELLANEOUS PROVISIONS
§ 21. Prohibited act a misdemeanor, unless stated otherwise
Where the performance of an act is prohibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing of such act is a misdemeanor, unless the defendant is a person accused of a criminal offense who (a) has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or (b) is being prosecuted for an offense comparable to an offense that would be punishable by more than one (1) year of imprisonment if prosecuted by the United States or any of the states.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 22. Gross injuries-Grossly disturbing peace-Openly outraging public decency-Injurious acts not expressly forbidden
Every person who willfully and wrongfully commits any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, and is injurious to public morals, although no punishment is expressly prescribed therefor by this code, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 23. Acts punishable under foreign laws
An act or omission declared punishable by this title is not less so because it is also punishable under the laws of another foreign tribe, a state, the United States, or another government or country, unless the contrary is expressly declared in this title.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 24. Reserved
§ 25. Foreign conviction or acquittal
Whenever it appears upon the trial that the accused has already been acquitted or convicted upon any criminal prosecution under the laws of a state, another government or country, founded upon the act or omission in respect to which he is upon trial, this is a sufficient defense.
LA 10-90, eff. November 13, 1990.
§ 26. Contempts, criminal acts which are also punishable as
A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.
LA 10-90, eff. November 13, 1990.
§ 27. Mitigation of punishment
Where it is made to appear at the time of passing sentence upon a person convicted, that such person has already paid a fine or suffered an imprisonment for the act which he stands convicted, under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.
LA 10-90, eff. November 13, 1990.
§ 28. Aiding in a crime
Whenever an act is declared a crime, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act, is guilty of a crime, and punishable in the same manner as the principal offender.
LA 10-90, eff. November 13, 1990.
§ 29. Sending letter-When complete-Place of prosecution
In the various cases in which the sending of a letter is made criminal by this title, the offense is deemed complete from the time when such letter is deposited in any post office or any other place, or delivered to any person with intent that it shall be forwarded. And the party may be charged and tried in courts of the Cherokee Nation.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 30. Failure to perform duty
No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it.
LA 10-90, eff. November 13, 1990.
§§ 31-40. Reserved
ATTEMPTS
§ 41. Conviction for attempt not permitted where crime is perpetrated
No person can be convicted of an attempt to commit a crime when it appears that the crime intended or attempted was perpetrated by such person in pursuance of such attempt.
LA 10-90, eff. November 13, 1990.
§ 42. Attempts to commit crimes-Punishment
Every person who attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempt, as follows:
1. Except in cases where a different punishment is prescribed by law, the punishment for attempt shall be a misdemeanor unless the attempt is to commit a felony.
2. Attempt to commit a felony shall be a felony and is punishable by payment of a fine not more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a period not exceeding three (3) years, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 43. Unsuccessful attempt-Another crime committed
The last two sections do not protect a person who in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.
LA 10-90, eff. November 13, 1990.
§ 44. Attempt defined
A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
1. purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or
2. when causing a particular result in an element of the crime, does anything with the purpose of causing or with the belief that it will cause such result, without further conduct on his part.
LA 10-90, eff. November 13, 1990.
§§ 45-50. Reserved
§ 51. Offense of Habitual Criminal and Punishment
A. It shall be unlawful for any person to commit a felony in the Cherokee Nation after said person has been convicted within the preceding ten (10) years in the Cherokee Nation, in another federally recognized Indian tribe, or in any state of the United States, or by the federal government of any prior felony offense.
B. Any person found guilty of violating subsection A of this section shall upon conviction be guilty of a felony and punished by imprisonment for not more than three (3) years, or by a fine of not exceeding Ten Thousand Dollars ($10,000.00), or by both fine and imprisonment
C. The purpose of this section is to enhance the punishment for convicted felons who continue to commit felony offenses and shall be liberally construed in support of that purpose. A person may be convicted of the provisions of this section and for committing the underlying crime without the offenses merging.
LA 28-20, eff. December 14, 2020.
§ 52. Reserved
§ 53. Attempt to conceal death of child-Punishment on subsequent conviction
Every person who, having endeavored to conceal the live birth of an child, or the death of any such child under the age of two (2) years, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 54-60. Reserved
SENTENCE AND IMPRISONMENT
§ 61. Sentences to be served in order received by penal institution-Concurrent sentences
When any person is convicted of two or more crimes in the same proceeding or court or in different proceedings or courts, and the judgment and sentence for each conviction arrives at a penal institution on different dates, the sentence which is first received at the institution shall commence and be followed by those sentences which are subsequently received at the institution, in the order in which they are received by the institution, regardless of the order in which the judgments and sentences were rendered by the respective courts, unless a judgment and sentence provides that it is to run concurrently with another judgment and sentence.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 62. Sentences to run concurrent with federal or state court sentence
When a defendant is sentenced in a Cherokee Nation Court and is also under sentence from a federal court or a state court, the Court may direct that custody of the defendant be relinquished to the federal or state authorities and that such Nation Court sentence as is imposed may run concurrently with the federal or state sentence imposed.
LA 10-90, eff. November 13, 1990.
§63. Suspended sentence-Revocation-Relinquishment of custody
When a defendant has received a suspended sentence from a Cherokee Nation Court and is also under sentence from a federal court or a state court, the Court may revoke the suspended sentence and direct that custody of the defendant be relinquished to the federal or the state's authorities and that the sentence may run concurrently with the federal or the state's sentence which has been imposed.
LA 10-90, eff. November 13, 1990.
LA 28-20, eff. December 14, 2020.
§ 64. Imposition of fine in addition to imprisionment
A. Upon a conviction for any misdemeanor punishable by imprisonment, in relation to which no fine is prescribed by law, the court or a jury may impose a fine on the offender not exceeding One Thousand Dollars ($1,000.00) in addition to the imprisonment prescribed.
B. Upon a conviction for any felony punishable by imprisonment, in relation to which no fine is prescribed by law, the court or a jury may impose a fine on the offender not exceeding Fifteen Thousand Dollars ($15,000.00) in addition to the imprisonment prescribed.
LA 10-90, eff. November 13, 1990, amended LA 28-20, eff. December 14, 2020.
§ 65. Civil rights suspended
A sentence of imprisonment suspends all the civil rights of the person so sentenced, except the right to make employment contracts, during confinement under said sentence, subject to the approval of the Nation's Court, when this benefits the vocational training or release preparation of the prisoner, and forfeits all public offices.
LA 10-90, eff. November 13, 1990.
§66. Person of convict protected
The person of a convict sentenced to imprisonment in the Cherokee Nation penal institution is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.
LA 10-90, eff. November 13, 1990.
§ 67. Conviction does not work forfeiture
No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.
LA 10-90, eff. November 13, 1990.
§ 68. Sentence-Transfer to Bureau of Prisons
The District Court, upon the request of the Marshal or the Attorney General, may refer any person sentenced to a term of imprisonment in the Nation to the Bureau of Prisons for transfer of the inmate to the nearest appropriate and available Bureau of Prisons facility.
LA 10-13, eff. April 13, 2013.
§69. Return to Cherokee Nation to complete sentence
Provided, that, after a defendant has been transferred to another jurisdiction pursuant to the provisions of this title, if any sentence remains to be served in the Cherokee Nation, such defendant shall be returned by the sentencing court to the Cherokee Nation to complete his sentence.
LA 28-20, eff. December 14, 2020.
§§ 70-80. Reserved
PERJURY ON EXAMINATION OF PRIVILEGED WITNESS
§ 81. Testimony-Privilege of witnesses and perjury
The various sections of this title which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.
LA 10-90, eff. November 13, 1990.
DEFINITIONS
§ 91. Terms to have meanings specified unless different meaning appears
Wherever the terms mentioned in the following sections are employed in this title, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears.
LA 10-90, eff. November 13, 1990.
§ 92. Willfully defined
The term "willfully" when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.
LA 10-90, eff. November 13, 1990.
§ 93. Negligent-Negligence
The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
LA 10-90, eff. November 13, 1990.
§ 94. Corruptly
The term "corruptly" when so employed, imports a wrongful design to acquire some pecuniary or other advantage to the person guilty of the act or omission referred to.
LA 10-90, eff. November 13, 1990.
§ 95. Malice-Maliciously
The terms "malice" and "maliciously," when so employed, import a wish to vex, annoy or injure another person, established either by proof or presumption of law.
LA 10-90, eff. November 13, 1990.
§ 96. Knowingly
The term "knowingly," when so applied, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
LA 10-90, eff. November 13, 1990.
§ 97. Bribe
The term "bribe" signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, asked, given or accepted, with a corrupt intent to influence unlawfully the person to whom it is given, in his action, vote or opinion, in any public or official capacity.
LA 10-90, eff. November 13, 1990.
§ 98. Vessel
The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, and every structure adapted to be navigated from place to place.
LA 10-90, eff. November 13, 1990.
§ 99. Peace officer
The term "peace officer" signifies any marshal, sheriff, law enforcement officer, highway patrolman, constable or policeman, and any other officers whose duty it is to enforce and preserve the public peace.
LA 10-90, eff. November 13, 1990.
§ 100. Signature
The term "signature" includes any name, mark or sign, written with the intent to authenticate any instrument or writing.
LA 10-90, eff. November 13, 1990.
§ 101. Writing includes printing
The term "writing" includes printing.
LA 10-90, eff. November 13, 1990.
§ 102. Real property
The term "real property" includes every estate, interest and right in lands, tenements and hereditaments.
LA 10-90, eff. November 13, 1990.
§ 103. Personal property
The term "personal property" includes every description of money, goods, chattels, effects, evidences of right in action, and written instruments by which any pecuniary obligation, right or title to property, real or personal, is created or acknowledged, transferred, increased, defeated, discharged or diminished.
LA 10-90, eff. November 13, 1990.
§ 104. Property defined
The term "property" includes both real and personal property.
LA 10-90, eff. November 13, 1990.
§ 105. Person defined
The word "person" includes corporations, as well as natural persons who are subject to the jurisdiction of Cherokee Nation pursuant to federal law.
LA 10-90, eff. November 13, 1990.
§ 106. Person as designating party whose property may be subject of offense
Where the term "person" is used in this Title to designate the party whose property may be the subject of any offense, it includes this Nation, any state, other government or country which may lawfully own any property within this Nation, and all public and private corporations or joint associations, as well as individuals.
LA 10-90, eff. November 13, 1990.
§ 107. Singular includes plural
The singular number includes the plural, and the plural the singular.
LA 10-90, eff. November 13, 1990.
§ 108. Gender
Words used in the masculine gender comprehend as well the feminine and neuter.
LA 10-90, eff. November 13, 1990.
§ 109. Present tense
Words used in the present tense include the future, but exclude the past.
LA 10-90, eff. November 13, 1990.
§ 110. Intent to defraud
Whenever, by any of the provisions of this title, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate whatever.
LA 10-90, eff. November 13, 1990.
OTHER REMEDIES AND PUNISHMENTS
§ 131. Civil remedies not affected
The omission to specify or affirm in this title, any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.
LA 10-90, eff. November 13, 1990.
§ 132. Proceeding to impeach or remove
The omission to specify or affirm in this title, any ground of forfeiture of a public office or other trust or special authority conferred by law, to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension.
LA 10-90, eff. November 13, 1990.
FINES AND PENALTIES
§ 141. Payment into Cherokee Nation
All fines, forfeitures and pecuniary penalties prescribed as a punishment by any of the provisions of this title, when collected, shall be paid to Cherokee Nation.
LA 10-90, eff. November 13, 1990.
CRIME VICTIMS COMPENSATION ACT
§ 142.1. Intent of Cherokee Nation Tribal Council
It is the intent of the Cherokee Nation Council to provide a method of compensating and assisting those persons within the Nation who are victims of criminal acts andphysical or psychological injury or death. To this end, it is the further intent of the Council to provide compensation in the amount of expenses actually incurred as a direct result of the criminal acts of other persons.
LA 10-90, eff. November 13, 1990,LA 03-21, eff. January 19, 2021.
§§ 142.2-142.11. Reserved
§ 142.12. Authority to authorize payments
The Principal Chief shall have the authority to create any process deemed necessary through which victim compensation payments may be expended.
LA 03-21, eff. January 19, 2021.
§ 142.13. Revolving Fund Established
There is hereby established a revolving fund to be designated the “Crime Victims Compensation Revolving Fund” (“Fund”) which shall be held and administered by the Treasurer in accordance with the purposes of this Act. The Fund shall be authorized by the Tribal Council as a continuing fund, which shall initially receive a direct appropriation to begin the Fund and thereafter, shall receive a direct continuing appropriation from all monies accruing to the credit of said Fund. Such monies are hereby appropriated and may be budgeted and expended by the Treasurer for the purpose of implementing the provisions of the Wilma P. Mankiller Victim’s Act, including the provisions set forth in Section 142.1 et seq. of this title.
Expenditures from said fund shall be made by the Treasurer against claims filed as prescribed by policies created pursuant to § 142.12. The fund shall be maintained as authorized by law for investments by the Treasurer. The interest earned by any investment of monies from the fund shall be credited to the fund for expenditure as provided by herein.
LA 07-21, eff. February 22, 2021.
§§ 142.14-142.17. Reserved
§ 142.18. Victim compensation assessments
A. In addition to the imposition of any costs, penalties or fines imposed pursuant to law, any person convicted of, pleading guilty to, or agreeing to a deferred judgment procedure for a crime involving criminally injurious conduct, be it a felony or misdemeanor offense, shall be ordered to pay a victim compensation assessment of at least Five Dollars ($5.00), but not to exceed fifteen Thousand Dollars ($15,000.00), for each crime for which he was convicted. In imposing this penalty, the Court shall consider factors such as the severity of the crime, the prior criminal record, and the ability of the defendant to pay, as well as the economic impact of the victim compensation assessment on the dependents of the defendant.
B. All monies collected pursuant to this section shall be deposited in the Victims Compensation Revolving Fund.
LA 10-90, eff. November 13, 1990, LA 03-21, eff. January 19, 2021.
§ 143.1 Intent of Cherokee Nation Tribal Council
It is the intent of the Cherokee Nation Tribal Council to secure justice and due process for victims throughout the criminal and juvenile justice systems. To this end, the Council provides that victims of crime shall have rights, which shall be protected by law in a manner no less vigorous than the rights afforded to the accused.
LA 03-21, eff. January 19, 2021.
§ 143.2. Short Title
This act shall be known and may be cited as the “Wilma P. Mankiller Victim’s Rights Act.”
LA 03-21, eff. January 19, 2021.
§ 143.3 Victim’s Rights-Generally
A. Victims of crime shall have the following rights:
1. To be treated with fairness and respect for the victim's safety, dignity, and privacy;
2. Upon request and whenever possible, to reasonable and timely notice of and to be present at all proceedings involving the criminal or delinquent conduct;
3. To be heard in any proceeding involving release, plea, sentencing, or disposition;
4. To refuse an interview or other request made by the accused or any person acting on behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel;
5. Upon request and whenever possible, to full and timely restitution;
6. To proceedings free from unreasonable delay, and a prompt conclusion of the case;
7. Upon request, to confer with the attorney for the Nation; and
8. To be informed of all rights enumerated in this section.
B. The victim, or the attorney for the Cherokee Nation Attorney General’s Office, may assert in any jurisdiction the rights enumerated in this act and any other right afforded to the victim by law. The court shall act promptly on such a request.
C. This act shall not be construed as a waiver of sovereign immunity and shall not create any cause of action for compensation or damages against the Cherokee Nation, any officer, employee, or agent of the nation, or any officer or employee of the court.
D. As used in this section, the term "victim" includes any person against whom a criminal offense or delinquent act is committed, or any person who is directly and proximately harmed by the commission of such offense or act. The term "victim" shall not include the accused or any person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.
LA 03-21, eff. January 19, 2021.
§ 143.4. Duty of the Office of Attorney General to Victims
A. The Office of the Attorney General is directed to inform the victims and witnesses of crimes of their rights under this Act. The following rights shall be included:
1. Upon request, to be notified and to be present at all proceedings involving the criminal or delinquent conduct; to be heard in any proceeding involving release, plea, sentencing, disposition, and parole; to be notified that a court proceeding to which a victim or witness has been subpoenaed will or will not go on as scheduled in order to save the person an unnecessary trip to court;
2. To be treated with fairness and respect for the safety, dignity and privacy of the victim;
3. To be informed of financial assistance and other social services available to witnesses and/or victims, including information on how to apply for any applicable assistance and services;
4. To be informed of the procedure for applying to receive any restitution to which the victim is entitled;
5. To be provided, whenever possible, a secure waiting area during court proceedings that does not require close proximity to defendants and families and friends of defendants;
6. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property-except weapons, currency, contraband, property subject to evidentiary analysis, and property the ownership of which is disputed-shall be returned to the person;
7. To have the family members of any homicide victims afforded any applicable services under this section, whether or not the person is to be a witness in any criminal proceeding;
8. To be informed of any plea bargain negotiations and, upon request, to confer with the attorney for the nation;
9. To have victim impact statements filed with the court;
10. To a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor. In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern the right to a speedy trial for a defendant or a minor. In ruling on any motion presented on behalf of a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy resolution of the case. If a continuance is granted, the court shall enter into the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.
B. The Attorney General’s office shall provide all victims with an official request for restitution form. The form is to be completed and signed by the victim, and shall include all invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss. The victim shall provide all documentation and evidence of compensation or reimbursement from insurance companies or agencies of this Nation, any other nation or tribal government, any state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss. The unexcused failure or refusal of the victim to provide all or part of the requisite information prior to the sentencing, unless disclosure is deferred by the court, shall constitute a waiver of any grounds to appeal or seek future amendment or alteration of the restitution order predicated on the undisclosed available information.
LA 03-21, eff. January 19, 2021.
§143.5. Duty of Law Enforcement to Victims
Upon the preliminary investigation of a crime, it shall be the duty of the officer who interviews the victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an incompetent person, or the family member who receives death notification in the case of a homicide, in writing, of their rights as a crime victim. Written notification shall consist of handing the victim a preprinted card or brochure that, at a minimum, includes the following information:
1. A statement that reads, "As a victim of crime, you have certain rights";
2. Telephone and address information for the Office of the Attorney General; and
3. The website address where victims can access a full list of their rights, additional information, and how to apply for victim compensation assistance.
LA 03-21, eff. January 19, 2021.
§143.6. Victim Impact Statements
A. Each victim, or members of the immediate family of each victim, or person designated by the victim or by family members of the victim, may present a victim impact statement either in writing or orally at the sentencing proceeding. Any victim or representative who appears personally at the formal sentence proceeding shall not be cross-examined by opposing counsel; provided, however, such cross-examination shall not be prohibited in a proceeding before a jury or a judge acting as a finder of fact. A written victim impact statement introduced at a formal sentence proceeding shall not be amended by any person other than the author, nor shall the statement be excluded in whole or in part from the court record. The court shall allow the victim impact statement to be read into the record.
B. If a presentence investigation report is prepared, the person preparing the report shall consult with each victim or members of the immediate family or a designee of members of the immediate family if the victim is deceased, incapacitated or incompetent, and include any victim impact statements in the presentence investigation report. If the individual to be consulted cannot be located or declines to cooperate, a notation to that effect shall be included.
C. The judge shall make available to the parties copies of any victim impact statements.
D. In any case which is plea bargained, victim impact statements shall be presented at the time of sentencing. In determining the appropriate sentence, the court shall consider among other factors any victim impact statements if submitted to the jury, or the judge in the event a jury was waived.
E. Any victim impact statements submitted to the court, judge, or jury shall be considered when deciding whether to release an individual on parole.
LA 03-21, eff. January 19, 2021.
CHAPTER 3
PERSONS LIABLE TO PUNISHMENT
Section
151. Persons liable to punishment in Cherokee Nation
152. Persons capable of committing crimes-Exceptions-Children-Idiots-Lunatics-Ignorance-Commission without consciousness-Involuntary subjection
153. Intoxication no defense
154. Morbid propensity no defense
155. Subjection to superior exonerates
156. Duress must be actual
§ 151. Persons liable to punishment in Cherokee Nation
The following persons are liable to punishment under the laws of this Nation:
1. All persons who commit, in whole or in part, any crime within the Nation.
2. All who commit theft out of this Nation, and bring, or are found with the property stolen, in this Nation.
3. All who, being out of this Nation, abduct or kidnap, by force or fraud, any person contrary to the laws of the place where such act is committed, and bring, send, or convey such person within the limits of this Nation, and are afterward found therein.
4. And all who, being out of this Nation, cause or aid, advise or encourage, another person, causing an injury to any person or property within this Nation by means of any act or neglect which is declared criminal by this code, and who are afterward found within this Nation.
LA 10-90, eff. November 13, 1990.
§ 152. Persons capable of committing crimes-Exceptions-Children-Idiots-Lunatics-Ignorance-Commission without consciousness-Involuntary subjection
All persons are capable of committing crimes, except those belonging to the following classes:
1. Children under the age of seven (7) years.
2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness.
3. Idiots.
4. Lunatics, insane persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness.
5. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation.
6. Persons who committed the act charged without being conscious thereof.
7. Persons who committed the act, or make the omission charged, while under involuntary subjection to the power of superiors.
LA 10-90, eff. November 13, 1990.
§ 153. Intoxication no defense
No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition.
LA 10-90, eff. November 13, 1990.
§ 154. Morbid propensity no defense
A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense to a prosecution therefor.
LA 10-90, eff. November 13, 1990.
§ 155. Subjection to superior exonerates
The involuntary subjection to the power of a superior which exonerates a person charged with a criminal act or omission from punishment therefor, arises from duress.
LA 10-90, eff. November 13, 1990.
§ 156. Duress must be actual
The duress which excuses a person from punishment who has committed a prohibited act or omission must be an actual compulsion by use of force or fear.
LA 10-90, eff. November 13, 1990.
CHAPTER 4
PARTIES TO CRIME
Section
171. Classification of parties
172. Principals defined
173. Accessories defined
175. Punishment of accessories
§ 171. Classification of parties
The parties to crimes are classified as:
1. Principals, and,
2. Accessories.
LA 10-90, eff. November 13, 1990.
§ 172. Principals defined
All persons concerned in the commission of crime, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals.
LA 10-90, eff. November 13, 1990.
§ 173. Accessories defined
All persons who, after the commission of any crime, conceal or aid the offender, with knowledge that he has committed a crime, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories.
LA 10-90, eff. November 13, 1990.
§ 175. Punishment of accessories
Except in cases where a different punishment is prescribed by law, an accessory to a crime is punishable as a principal.
LA 10-90, eff. November 13, 1990.
CHAPTER 6
CRIMES AGAINST THE EXECUTIVE POWER
Section
264. Falsely assuming to be peace officers-Private persons may make arrests
265. Bribing or offering bribe to executive officer
266. Asking or receiving bribes
267. Preventing officer's performance of duty
268. Resisting executive officer
269. Asking or receiving unauthorized reward for official act
270. Reward for omission to act, asking or receiving
278. Refusal to surrender books to successor
279. Administrative officers included
§ 264. Falsely assuming to be peace officers-Private persons may make arrests
Any person who shall without due authority exercise or attempt to exercise the functions of or hold himself out to any one as a deputy sheriff, marshal, policeman, constable or peace officer, shall be deemed guilty of a crime: Provided, however, that this section shall not be so construed as to prevent private persons from making arrests for crimes committed in their presence.
LA 10-90, eff. November 13, 1990.
§ 265. Bribing or offering bribe to executive officer
Every person who gives or offers any bribe to any executive officer, with intent to influence him in respect to any act, decision, vote, opinion, or other proceedings of such officer, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 266. Asking or receiving bribes
Every executive officer or person elected or appointed to executive office who asks, receives or agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may by law be brought before him in his official capacity, shall be influenced thereby, is guilty of a crime and in addition thereto, forfeits his office and is forever disqualified from holding any public office under the laws of the Nation.
LA 10-90, eff. November 13, 1990.
§ 267. Preventing officer's performance of duty
Every person who attempts, by means of any threat or violence, to deter or prevent any executive officer from performing any duty imposed upon such officer by law, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 268. Resisting executive officer
Every person who knowingly resists, by the use of force or violence, any executive officer in the performance of his duty, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 269. Asking or receiving unauthorized reward for official act
Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, excepting such as may be authorized by law, for doing any official act, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 270. Reward for omission to act, asking or receiving
Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 278. Refusal to surrender books to successor
Every person who having been an executive officer of this Nation, wrongfully refuses to surrender the official seal or any of the books and papers appertaining to his office, to his successor, who has been duly elected or appointed, and has duly qualified, and has demanded the surrender of the books and papers of such office is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 279. Administrative officers included
The various provisions of this article which relate to executive officers apply in relation to administrative officers in the same manner as if administrative and executive officer were both mentioned together.
LA 10-90, eff. November 13, 1990.
CHAPTER 7
CRIMES AGAINST THE LEGISLATIVE POWER
Section
301. Preventing meetings of Council
304. Preventing Council Member or personnel from performing official duties-Penalty
308. Bribery of or influencing Council Members
309. Soliciting bribes-Trading votes
312. Forfeiture of office-Disqualification to hold office
318. Bribery
321. Member of Council-Soliciting or securing employment with Cherokee Nation
§ 301. Preventing meetings of Council
Every person who willfully and by force or fraud prevents the Council, or any of the Members thereof, from meeting or organizing, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 304. Preventing Council Member or personnel from performing official duties-Penalty
Any person who alone or in concert with others willfully either by force, physical interference, fraud, intimidation, or by means of any independently unlawful act, prevents or attempts to prevent any member, officer or employee of the council from performing any official act, function, power or duty shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 308. Bribery of or influencing Council Members
Every person who gives or offers to give a bribe to any Member of the Council, or attempts directly or indirectly, by menace, deceit, suppression of truth or any other corrupt means, to influence a Member in giving or withholding his vote, or in not attending the Council meeting, or any committee thereof is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 309. Soliciting bribes-Trading votes
Every Member of the Council who asks, receives or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity or who gives, or offers or promises to give any official vote in consideration that another Member of the Council shall give any such vote, either upon the same or another question, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 312. Forfeiture of office-Disqualification to hold office
The conviction of a Member of the Council of bribery involves as a consequence, in addition to the punishment prescribed by this code, a forfeiture of his office, and disqualifies him from ever afterwards holding any office under this Nation.
LA 10-90, eff. November 13, 1990.
§ 318. Bribery
No person, firm, or member of a firm, corporation, or association shall give or offer any money, position or thing of value to any Member of the Council to influence him to work or to vote for any proposition, nor shall any Member of the Council accept any money, position, promise, or reward or thing of value for his work or vote upon any bill, resolution or measure before the Council.
LA 10-90, eff. November 13, 1990.
§ 321. Member of Council-Soliciting or securing employment with Cherokee Nation
It shall be unlawful for any Member of the Council to solicit, receive or accept any money or thing of value either directly or through another person for soliciting or securing employment of or for another person from any department or institution of the Nation, where the said department or institution is supported in whole or in part from revenues levied pursuant to shall be given in any manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or who gives, or offers or promises to give any official vote in consideration that another Member of the Council shall give any such vote, either upon the same or another question, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 8
CRIMES AGAINST THE REVENUE AND PROPERTY OF THE NATION
Section
341. Embezzlement and false accounts by officers
344. Fraud by officer authorized to sell, lease or make contract
346. Obstructing the collection of taxes
349. Injuring or burning public buildings
351. False statement regarding taxes
353. Officer dealing in warrants-Crime
355. Member of governing body not to furnish public supplies for consideration
358. False, fictitious or fraudulent claims against Cherokee Nation
359. Penalties
§ 341. Embezzlement and false accounts by officers
Every public officer of the Nation and every deputy or clerk of any such officer and every other person receiving any money or other thing of value on behalf of or for account of this Nation or any department of the government of this Nation or any bureau or fund created by law and in which this Nation or the people thereof, are directly or indirectly interested, who either:
First: Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money or anything of value received by him as such officer, clerk, or deputy, or otherwise, on behalf of this Nation, or any subdivision of this Nation, or the people thereof, or in which they are interested; or
Second: Receives, directly or indirectly, any interest, profit or perquisites, arising from the use or loan of public funds in his hands or money to be raised through his agency for the Nation; or
Third: Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to any monies so received by him, on behalf of the Nation, or the people thereof, or in which they are interested; or
Fourth: Fraudulently alters, falsifies, cancels, destroys or obliterates any such account; or
Fifth: Willfully omits or refuses to pay over to the Nation, or its officers or agents authorized by law to receive the same, any money or interest, profit or perquisites arising therefrom, received by him under any duty imposed by law so to pay over the same, shall upon conviction thereof, be deemed guilty of a crime, and in addition thereto shall be disqualified to hold office in this Nation, and the court shall issue an order of such forfeiture, and should appeal be taken from the judgment of the Court, the defendant may, in the discretion of the Court, stand suspended from such office until such cause is finally determined.
LA 10-90, eff. November 13, 1990.
§ 344. Fraud by officer authorized to sell, lease or make contract
Every public officer, being authorized to sell or lease any property, or make any contract in his official capacity, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 346. Obstructing the collection of taxes
Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which, or any part of which the people of this Nation are directly or indirectly interested, and which such officer is by law empowered to collect, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 349. Injuring or burning public buildings
Every person who willfully burns, destroys, or injures any public buildings or improvements in this Nation, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 351. False statement regarding taxes
Every person who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully states any material matter which he knows to be false, is guilty, upon conviction, of a crime.
LA 10-90, eff. November 13, 1990.
§ 353. Officer dealing in warrants-Crime
It shall be unlawful for any public officer or deputy or employee of such officer to either directly or indirectly, buy, barter for, or otherwise engage in any manner in the purchase of any bonds, warrants or any other evidence of indebtedness against this Nation, any subdivision thereof, of which he is an officer.
LA 10-90, eff. November 13, 1990.
§ 355. Member of governing body not to furnish public supplies for consideration
It shall be unlawful for any Member of the Council of the nation to furnish, for a consideration any material or supplies for the use of said Nation or subdivision.
LA 10-90, eff. November 13, 1990.
§ 358. False, fictitious or fraudulent claims against Cherokee Nation
It shall be unlawful for any person, firm, corporation, association or agency to make, present, or cause to be presented to any employee or officer of Cherokee Nation, or to any department or agency thereof, any false, fictitious or fraudulent claim for payment of public funds upon or against Cherokee Nation, or any department or agency thereof, knowing such claim to be false, fictitious or fraudulent.
LA 10-90, eff. November 13, 1990.
§ 359. Penalties
Any person, firm, corporation, association or agency found guilty of violating the foregoing section shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
PART II
CRIMES AGAINST PUBLIC JUSTICE
CHAPTER 10
BRIBERY AND CORRUPTION
Section
380. Bribery of fiduciary
381. Bribing officers
382. Officers receiving bribes
383. Bribing jurors, referees, etc.
384. Receiving bribes by jurors, referees, etc.
385. Misconduct of jurors
386. Accepting gifts
387. Gifts defined
388. Attempts to influence jurors
389. Drawing jurors fraudulently
390. Misconduct by officer in charge of jury
§ 380. Bribery of fiduciary
A. Any fiduciary who, with a corrupt intent and without the consent of his beneficiary, intentionally or knowingly solicits, accepts, or agrees to accept any bribe from another person with the agreement or understanding that the bribe as defined by law will influence the conduct of the fiduciary in relation to the affairs of his beneficiary, upon conviction, is guilty of a crime.
B. Any person who offers, confers, or agrees to confer any bribe the acceptance of which is an offense pursuant to the provisions of subsection (A) of this section, upon conviction, is guilty of a crime.
C. As used in subsection (A) of this section:
1. "Beneficiary" means any person for whom a fiduciary is acting.
2. "Fiduciary" means:
a. an agent or employee; or
b. a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary; or
c. a lawyer, physician, accountant, appraiser, or other professional advisor; or
d. an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association.
LA 10-90, eff. November 13, 1990.
§ 381. Bribing officers
Whoever corruptly gives, offers, or promises to any executive, legislative, judicial, or other public officer, or any employee of Cherokee Nation or any political subdivision thereof, including peace officers and any other law enforcement officer, or any person assuming to act as such officer, after his election or appointment, either before or after he has qualified or has taken his seat, any gift or gratuity whatever, with intent to influence his act, vote, opinion, decision, or judgment on any matter, question, cause, or proceeding which then may be pending, or may by law come or be brought before him in his official capacity, or as a consideration for any speech, work, or service in connection therewith, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 382. Officers receiving bribes
Every executive, legislative, judicial, or other public officer, or any employee of Cherokee Nation or any political subdivision thereof, including peace officers and any other law enforcement officer, or any person assuming to act as such officer, who corruptly accepts or requests a gift or gratuity, or a promise to make a gift, or a promise to do an act beneficial to such officer, or that judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or that in such capacity he shall make any particular nomination or appointment, shall forfeit his office, be forever disqualified to hold any public office, trust, or appointment under the laws of this Nation, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 383. Bribing jurors, referees, etc.
Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, umpire or assessor, or to any person who may be authorized by law or agreement of parties interested to hear or determine any question or controversy, with intent to influence his vote, opinion or decision upon any matter or question which is or may be brought before him for decision, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 384. Receiving bribes by jurors, referees, etc.
Every juror, referee, arbitrator, umpire or assessor, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe upon any agreement or understanding that his vote, opinion or decision upon any matter or question which is or may be brought before him for decision, shall be thereby influenced, is guilty of crime.
LA 10-90, eff. November 13, 1990.
§ 385. Misconduct of jurors
Every juror or person drawn or summoned as a juror, or chosen arbitrator, or umpire, or appointed referee, who either:
1. Makes any promise or agreement to give a verdict for or against any party; or
2. Willfully permits any communication to be made to him, or receives any book, paper, instrument, or information relative to any cause pending before him, except according to the regular course of proceeding upon the trial of such cause,
is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 386. Accepting gifts
Every judicial officer, juror, referee, arbitrator or umpire, who accepts any gift from any person, knowing him to be a party in interest or the attorney or counsel of any party in interest to any action or proceeding then pending or about to be brought before him, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 387. Gifts defined
The word "gift" in the foregoing section shall not be taken to include property received by inheritance, by will or by gift in view of death.
LA 10-90, eff. November 13, 1990.
§ 388. Attempts to influence jurors
Every person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as arbitrator or appointed a referee, in respect to his verdict, or decision of any cause or matter pending, or about to be brought before him, either:
1st, By means of any communication oral or written had with him, except in the regular course of proceedings upon the trial of the cause;
2nd, By means of any book, paper, or instrument, exhibited otherwise than in the regular course of proceedings, upon the trial of the cause;
3rd, By means of any threat or intimidation;
4th, By means of any assurance or promise of any pecuniary or other advantage; or,
5th, By publishing any statement, argument or observation relating to the cause, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 389. Drawing jurors fraudulently
Every person authorized by law to assist at the drawing of any jurors to attend any court, who willfully puts or consents to the putting upon any list of jurors as having been drawn any name which shall not have been drawn for that purpose in the manner prescribed by law; or, who omits to place on such list any name that shall have been drawn in the manner prescribed by law, or who signs or certifies any list of jurors as having been drawn which was not drawn according to law; or, who is guilty of any other unfair, partial or improper conduct in the drawing of any such list of jurors, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 390. Misconduct by officer in charge of jury
Every officer to whose charge any juror or jury is committed by any court or magistrate who negligently or willfully permits them, or any one of them, either:
1. To receive any communication from any person;
2. To make any communication to any person;
3. To obtain or receive any book or paper or refreshment; or
4. To leave the jury room, the jury box, or his immediate custody or control, without the leave of such court or magistrate first obtained, is guilty of a crime.
Every bailiff, or other officer or person, into whose custody and care any court of record contemplates committing any juror or jury, before entering upon his duties as such for the Court term or such lesser period of such service as the Court may determine, shall first be admonished and shall make in writing and file with the Clerk of such Court a solemn oath, sworn to before the Clerk or Judge of such Court, to the effect that he will regard the foregoing provisions of this section and that he will faithfully prevent the same and obstruct any attempt to accomplish or to attempt to do any of them, but at the same time to have regard to the comfort and well-being of the jurors and all of them, entrusted into his care in each and every jury trial in any cause during such Court term or lesser period of appointment by such Court.
In every Court the same admonition shall be given and the same oath required as above, in each jury trial; but the Court shall have the option whether the same be oral, or in writing and filed in such case, but thereafter during the trial of the same cause and until such jury is dismissed from further consideration of the same it shall not be necessary, for all intent and purposes of this act, to administer again such admonition or to require such oath.
LA 10-90, eff. November 13, 1990.
CHAPTER 11
CONSPIRACY
Section
421. Conspiracy-Definition-Punishment
422. Conspiracy outside Cherokee Nation against the peace of the Nation
423. Overt act necessary
424. Punishment for conspiracy against Cherokee Nation
§ 421. Conspiracy-Definition-Punishment
A. If two or more persons conspire, either:
1. To commit any crime; or
2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or
3. Falsely to move or maintain any suit, action or proceeding; or
4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or
5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.
B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a crime.
LA 10-90, eff. November 13, 1990.
§ 422. Conspiracy outside Cherokee Nation against the peace of the Nation
If two or more persons, being out of this Nation, conspire to commit any act against the peace of this Nation, the commission or attempted commission of which, within this nation, would be treason against the Nation, they are guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 423. Overt act necessary
No agreement to commit a crime amounts to a conspiracy, unless some act besides such agreement be done to effect the object thereof, by one or more of the parties to such agreement.
LA 10-90, eff. November 13, 1990.
§ 424. Punishment for conspiracy against Cherokee Nation
If two or more persons conspire either to commit any offense against Cherokee Nation, any subdivision thereof, or to defraud Cherokee Nation, any subdivision thereof, in any manner or for any purpose, and if one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 11A
ELECTION FRAUD
Section
425. Voting fraud
426. Unlawful influence of voters
427. Receiving the votes of unqualified voters
428. Tampering with election returns
§ 425. Voting fraud
Every person, not having the qualification of a voter, who shall fraudulently vote, or attempt to vote, at any election, or who shall vote or attempt to vote, more than once for the same candidate, at any election, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined not less than One Hundred Dollars ($100.00), and be imprisoned for any time less than one (1) year and exceeding six (6) months, and be forever disqualified from voting.
LA 10-90, eff. November 13, 1990.
§ 426. Unlawful influence of voters
Every person who shall by bribery, treats or offers of employment, attempt to influence any voter in giving his vote, or shall use threats to procure any voter to vote contrary to the inclination of such voter, or to deter him from giving his vote, shall be deemed guilty of a crime, and, upon conviction, be fined in a sum of not less than One Hundred Dollars ($100.00), and not more than Five Hundred Dollars ($500.00), or be imprisoned for any time less than one (1) year, and exceeding three (3) months, or both by fine and imprisonment, at the discretion of the Court.
LA 10-90, eff. November 13, 1990.
§ 427. Receiving the votes of unqualified voters
Any Election Board member who shall willfully and knowingly receive or sanction the reception of the vote of any person not having the qualification of a voter, or who shall be guilty of a wilful neglect of duty, or of any corrupt action in the execution of the same, shall be deemed guilty of a misdemeanor, and, upon conviction, be fined in a sum of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), and be imprisoned for any term less than one (1) year and exceeding three (3) months.
LA 10-90, eff. November 13, 1990.
§ 428. Tampering with election returns
Any person, who shall fraudulently alter, mutilate, destroy, or unlawfully open, after being sealed up, any returns of election, shall be deemed guilty of a misdemeanor, and, upon conviction, be imprisoned for any term less than one (1) year and exceeding three (3) months.
LA 10-90, eff. November 13, 1990.
CHAPTER 12
ESCAPES AND AIDING THEREIN
Section
431. Rearrest of escaped prisoners
434. Escape from penal institution
436. Attempt to escape from penal institution
437. Assisting prisoner to escape
438. Carrying into penal institution things to aid escape
439. Concealing escaped prisoner
440. Harboring criminals and fugitives-Penalty
441. Assisting escape from officer
442. Prisoner defined
443. Escape from penal institution
443A. Additional punishment under rules and regulations of penal institution after escape
444. Escape or attempt to escape from arrest or detention
445. Unauthorized entry into penal institution, jail, etc.-Penalties
§ 431. Rearrest of escaped prisoners
Every prisoner confined upon conviction for a criminal offense, who escapes from a penal institution, may be pursued, retaken and imprisoned again, notwithstanding the term for which he was sentenced to be imprisoned may have expired at the time when he is retaken, and he shall remain so imprisoned until tried for such escape, or discharged, on a failure to prosecute therefor.
LA 10-90, eff. November 13, 1990.
§ 434. Escape from penal institution
Every prisoner confined in the penal institution, who escapes by force or fraud from such penal institution, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 436. Attempt to escape from penal institution
Every prisoner confined in any penal institution who attempts by force or fraud, although unsuccessfully, to escape therefrom, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 437. Assisting prisoner to escape
Every person who willfully by any means whatever, assists any prisoner confined in any penal institution to escape therefrom, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 438. Carrying into penal institution things to aid escape
Every person who carries or sends into any penal institution anything useful to aid any prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 439. Concealing escaped prisoner
Every person who willfully and knowingly conceals any prisoner, who having been confined in penal institution upon a charge or conviction of crime, has escaped therefrom, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 440. Harboring criminals and fugitives-Penalty
Any person who shall knowingly feed, lodge, clothe, arm, equip in whole or in part, harbor, aid, assist or conceal in any manner any person guilty of any crime, or outlaw, or fugitive from justice, or any person seeking to escape arrest for any crime committed within this Nation or state, jurisdiction or territory, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 441. Assisting escape from officer
Every person who willfully assists any prisoner in escaping or attempting to escape from the custody of any officer or person having the lawful charge of such prisoner under any process of law or under any lawful arrest, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 442. Prisoner defined
The term "prisoner" in this chapter includes every person held in custody under process of law issued from a court of competent jurisdiction, whether civil or criminal, or under any lawful arrest.
LA 10-90, eff. November 13, 1990.
§ 443. Escape from penal institution
Any person having been imprisoned awaiting charges or prisoner awaiting trial or having been sentenced to confinement who escapes from such confinement, either while actually confined therein, or while permitted to be at large as a trusty, or while awaiting transportation thereto, is guilty of a crime regardless of being in physical custody.
LA 10-90, eff. November 13, 1990.
§ 443A. Additional punishment under rules and regulations of penal institution after escape
In addition, all prisoners who escape from the aforesaid penal institutions either while confined therein, or while at large as a trusty, when apprehended and returned to the penal institution, shall be punishable by the penal institution authorities in such manner as may be prescribed by the rules and regulations of the penal institution, provided that such punishment shall not be cruel or unusual.
LA 10-90, eff. November 13, 1990.
§ 444. Escape or attempt to escape from arrest or detention
A. It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to escape or attempt to escape from such peace officer.
B.Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a misdemeanor offense shall be guilty of amisdemeanor.
C. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a felony offense shall be guilty of a felony.
D. It is unlawful for any person admitted to bail or released on recognizance, bond, or undertaking for appearance before any court of the Cherokee Nation, and required as a condition of such release from detention to wear any electronic monitoring device on the body of the person to remove such device without authorization from the court. For purposes of this subsection, any person charged with a misdemeanor offense who removes such device without authorization from the court shall be guilty of a misdemeanor and any person charged with a felony offense who removes such device without authorization from the court shall be guilty of a felony.
LA 10-90, eff. November 13, 1990, LA 36-21, eff. August 12, 2021.
§ 445. Unauthorized entry into penal institution, jail, etc.-Penalties
Any person who willfully gains unauthorized entry into any Cherokee Nation penal institution, any place where prisoners are located, or the penal institution grounds, upon conviction, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 13
FALSIFYING EVIDENCE
Section
450. Misprision of crime and false statements to law enforcement
451. Offering false evidence
452. Deceiving witness
453. Preparing false evidence
454. Destroying evidence
455. Preventing witness from giving testimony
456. Bribing witness-Subornation of perjury
§ 450. Misprision of crime and false statements to law enforcement
A. Misprision of crime. It shall be unlawful for any person having knowledge of the actual commission of a crime cognizable by a Court of the Cherokee Nation, which crime would be a felony under the laws of the State of Oklahoma or the United States of America, to affirmatively conceal and not make known that crime to a Cherokee Nation Judge or some other person in civil authority within Cherokee Nation. Such act shall constitute a crime against Cherokee Nation, and shall be punished as provided in 21 CNCA § 10.
B. False statement to law enforcement. In connection with a law enforcement investigation, whoever, in any manner within the jurisdiction of Cherokee Nation knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be guilty of a crime, subject to punishment as provided in 21 CNCA § 10.
LA 31-03, eff. November 19, 2003.
§ 451. Offering false evidence
Every person who, upon any trial, proceedings, inquiry or investigation whatever, authorized by law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 452. Deceiving witness
Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry or investigation whatever, proceeding by authority of law, with intent to affect the testimony of such witness, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 453. Preparing false evidence
Every person guilty of falsely preparing any book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced as genuine upon any trial, proceeding or inquiry whatever, authorized by law, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 454. Destroying evidence
Every person who knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, proceeding, inquiry or investigation whatever, authorized by law, willfully destroys the same, with intent thereby to prevent the same from being produced, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 455. Preventing witness from giving testimony
Every person who willfully prevents any person from giving testimony who has been duly summoned or subpoenaed or endorsed on the criminal information as a witness or threatens physical or mental harm through force or fear with the intent to prevent the witness from appearing in Court to give his testimony, or to alter his testimony, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 456. Bribing witness-Subornation of perjury
Every person who gives or offers or promises to give to any witness or person about to be called as a witness in any matter whatever, any bribe upon any understanding or agreement that the testimony of such witness shall be influenced, or who attempts by any other means fraudulently to induce any witness to give false testimony is guilty of a crime, but if the offer, promise, or bribe is in any way to induce the witness to swear falsely, then it shall be held to be subornation of perjury.
LA 10-90, eff. November 13, 1990.
CHAPTER 14
FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS
Section
461. Larceny or destruction of records by clerk or officer
462. Larceny or destruction of records by other persons
463. Offering forged or false instruments for record
464. Forging name to petition-Penalties
§ 461. Larceny or destruction of records by clerk or officer
Every clerk, register or other officer having the custody of any record, maps or book, or of any paper or proceeding of any Court, filed or deposited in any public office, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying or unlawfully removing or secreting such record, map, book, paper or proceeding, or who permits any other person so to do, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 462. Larceny or destruction of records by other persons
Every person not an officer such as is mentioned in the last section, who is guilty of any of the acts specified in that section, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 463. Offering forged or false instruments for record
Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this Nation, which instrument, if genuine, might be filed or registered or recorded under any law of this Nation or of the United States, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 464. Forging name to petition-Penalties
Any person who shall knowingly sign, subscribe or forge the name of any other person, without the consent of such other person, to any petition, application, remonstrance, or other instrument of writing, authorized by law to be filed in or with any Court, board or officer, with intent to deceive or mislead such Court, board or officer, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 15
ILLEGAL USE OF GOVERNMENT DOCUMENTS
Section
471. Criminal activity with respect to Cherokee Nation citizenship
§ 471. Criminal activity with respect to Cherokee Nation citizenship
A. A person who knowingly buys or barters the Cherokee Nation Citizenship Card from another tribal citizen for whatever purposes may be subject to criminal prosecution. The penalty upon conviction of the offense specified in this subsection shall be no longer than one (1) year imprisonment, or a fine of no more than Five Thousand Dollars ($5,000.00), or both.
B. A person who knowingly sells or barters his or her Cherokee Nation Citizenship Card to another tribal citizen or person for whatever purposes maybe subject to criminal prosecution. The penalty upon conviction of the offense specified in this subsection shall be no longer than one (1) year imprisonment, or a fine of no more than Five Thousand Dollars ($5,000.00), or both.
C. In addition to the foregoing sanctions, any person who knowingly buys, sells, or barters the Cherokee Nation Citizenship Card to or from another person for whatever purposes may be subject to a civil penalty as hereinafter provided. The penalty for violating this subsection shall be a fine of not more than Five Thousand Dollars ($5,000.00).
D. Any person who knowingly uses, or allows another person to use, any Cherokee Nation Citizenship Card, Cherokee Nation Registry Number, or Cherokee Roll Number, for the purpose of defrauding Cherokee Nation or the United States, or for any other fraudulent purpose, may be subject to criminal prosecution. The penalty upon conviction of the offense specified in this subsection shall be no longer than one (1) year imprisonment, no greater than a Five Thousand Dollars ($5,000.00) fine, or both.
LA 2-93, eff. August 11, 1993.
CHAPTER 16
NEPOTISM
Section
481. Repealed
482. Unlawful to pay salary to ineligible persons
483. Appointment of one related to another officer
485. Penalty
486. Removal from office for violation of chapter
487. Officers affected
§ 481. Repealed by LA 34-07, eff. September 13, 2007
History
The repealed section related to nepotism in appointments within Cherokee Nation departments, and was derived from LA 10-90.
§ 482. Unlawful to pay salary to ineligible persons
It shall be unlawful for any such executive, legislative, ministerial or judicial officer mentioned in the preceding section, to draw or authorize the drawing of any warrant or authority for the payment out of any public fund, of the salary, wages, pay or compensation of any such ineligible person, and it shall be unlawful for any executive, legislative, ministerial or judicial officer to pay out of any public funds in his custody or under his control the salary, wages, pay or compensation of any such ineligible person.
LA 10-90, eff. November 13, 1990.
§ 483. Appointment of one related to another officer
It shall be unlawful for any executive, legislative, ministerial, or judicial officer to appoint and furnish employment for any person whose services are to be rendered under his direction and control and paid for out of the public funds, and who is related by either blood or marriage within the third degree to any other executive, legislative, ministerial or judicial officer when such appointment is made in part consideration that such other officer shall appoint and furnish employment to any one so related to the officer making such appointment.
LA 10-90, eff. November 13, 1990.
§ 485. Penalty
Any executive, legislative, ministerial or judicial officer who shall violate any provision of this article, shall be deemed guilty of a crime involving official misconduct.
LA 10-90, eff. November 13, 1990.
§ 486. Removal from office for violation of chapter
Every person guilty of violating the provisions of this chapter, shall, independently of, or in addition to any criminal prosecution that may be instituted, be removed from office according to the mode of trial and removal prescribed in the Constitution and laws of this Nation.
LA 10-90, eff. November 13, 1990.
§ 487. Officers affected
Under the designation executive, legislative, ministerial or judicial officer as mentioned herein are included the Principal Chief, Deputy Principal Chief, Council Members, Commissioners, all the heads of the Departments of the Nation Government, Judges of all the Courts of this Nation, Trustees, Officers and Commissioners of subdivisions of the Nation.
LA 10-90, eff. November 13, 1990.
CHAPTER 17
PERJURY AND SUBORNATION OF PERJURY
Section
491. Perjury defined-Defense
492. Oath defined
493. Oath of office
494. Irregularities no defense
495. Incompetency no defense
497. Making deposition or certificate
498. Degree of proof required
500. Punishment for perjury
501. Summary committal of witness
503. Documents may be retained
504. Perjury by subornation-Attempted perjury by subornation
505. Punishment of subornation of perjury
§ 491. Perjury defined-Defense
Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. It shall be a defense to the charge of perjury as defined in this section that the statement is true.
LA 10-90, eff. November 13, 1990.
§ 492. Oath defined
The term "oath," as used in the last section, includes an affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law.
LA 10-90, eff. November 13, 1990.
§ 493. Oath of office
So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the previous sections.
LA 10-90, eff. November 13, 1990.
§ 494. Irregularities no defense
It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.
LA 10-90, eff. November 13, 1990.
§ 495. Incompetency no defense
It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually was required to give such testimony or made such deposition or certificate.
LA 10-90, eff. November 13, 1990.
§ 497. Making deposition or certificate
The making of a deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person with the intent that it be uttered or published as true.
LA 10-90, eff. November 13, 1990.
§ 498. Degree of proof required
A. Proof of guilt beyond a reasonable doubt is sufficient for conviction under this chapter, and it shall not be necessary also that proof be by a particular number of witnesses or by documentary or other type of evidence.
B. Lack of materiality of the statement is not a defense but the degree to which a perjured statement might have affected some phase or detail of the trial, hearing, investigation, deposition, certification or declaration shall be considered, together with the other evidence or circumstances, in imposing sentence.
LA 10-90, eff. November 13, 1990.
§ 500. Punishment for perjury
Perjury is a crime.
LA 10-90, eff. November 13, 1990.
§ 501. Summary committal of witness
Whenever it appears probable in any court of record, that any person who has testified in any action or proceeding in such Court has committed perjury, such Court must immediately commit such person by an order or process for that purpose to a penal institution or take a recognizance with sureties for his appearance and answering to an information for perjury.
LA 10-90, eff. November 13, 1990.
§ 503. Documents may be retained
If, upon the hearing of such action or proceeding in which such perjury has probably been committed, any papers or documents produced by either party shall be deemed necessary to be used on the prosecution for such perjury, the Court may by order detain such papers or documents from the party producing them, and direct them to be delivered to the Prosecuting Attorney.
LA 10-90, eff. November 13, 1990.
§ 504. Perjury by subornation-Attempted perjury by subornation
Whoever procures another to commit perjury is guilty of perjury by subornation. Whoever does any act with the specific intent to commit perjury by subornation but fails to complete that offense is guilty of attempted perjury by subornation.
LA 10-90, eff. November 13, 1990.
§ 505. Punishment of subornation of perjury
Any person guilty of subornation of perjury is punishable in the same manner as he would be if personally guilty of the perjury so procured.
LA 10-90, eff. November 13, 1990.
CHAPTER 18
RESCUES
Section
521. Rescuing prisoners
522. Taking goods from legal custody
§ 521. Rescuing prisoners
Every person who by force or fraud rescues or attempts to rescue, or aids another person in rescuing or in attempting to rescue any prisoner from any officer or other person having him in lawful custody, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 522. Taking goods from legal custody
Every person who willfully injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 19
OTHER CRIMES AGAINST PUBLIC JUSTICE
Section
531. Injury to records-Embezzlement by officer
532. Permitting escapes
533. Refusing to receive prisoners
535. Arrest without authority
537. Refusing to aid officer
538. Refusing to make arrest
540. Obstructing officer
540A. Eluding police officer
540B. Roadblocks
543. Compounding crimes
544. Compounding prosecution
545. Attempt to intimidate officer
546. Suppressing evidence
547. Buying lands in suit
554. Attorneys-Buying demands for suit-Misleading inferior courts
555. Prosecutors and their partners
556. Prosecutor advising the defense
557. Attorneys may defend themselves
565. Definition of direct contempt and indirect contempt
565.1. Trial court-Power to punish contempt-Censure-Contempt proceedings
566. Punishment for direct or indirect contempt-Guidelines for determination of sentence and purge fee for failure to comply with certain orders regarding children
567. Indirect contempts-Notice-Trial by jury-Appearance bond
567.1. Indirect contempt for failure to pay child support-Purge fee
568. Contempt-Substance of offense made of record
569. Attorneys-Second application to another judge to stay trial
573. Fraudulent concealment of property
575. Attorneys, misconduct by-Deceit-Delaying suit-Receiving allowance for money not laid out
576. Attorney permitting other person to use his name
577. Attorneys, use of name lawful, when
578. Inheritance, intercepting by fraudulent production of infant
579. Substituting child
584. Prosecuting suit or bringing action or procuring arrest in false name
587. False certificate by public officer
588. Recording of petit jury proceedings-Listening or observing-Penalty
589. False reporting of crime
§ 531. Injury to records-Embezzlement by officer
Every sheriff, marshal, police officer, clerk, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of an ministerial officer who either:
1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or
2. Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property entrusted to him in virtue of his office;
is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 532. Permitting escapes
Every sheriff, marshal, policeman, coroner, clerk of a court, constable or other ministerial officer and any deputy or subordinate of any ministerial officer, who either:
1. Willfully or carelessly allows any person lawfully held by him in custody to escape or go at large, except as may be permitted by law; or
2. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape is attempted or not; or
3. Commits any unlawful act tending to hinder justice;
is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 533. Refusing to receive prisoners
Every officer who, in violation of a duty imposed upon him by law as such officer to receive into his custody any person as a prisoner, willfully neglects or refuses so to receive such person into his custody, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 535. Arrest without authority
Every public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority arrests any person, or detains him against his will, or seizes or levies upon any property, or dispossesses anyone of any lands or tenements without due and legal process, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 537. Refusing to aid officer
Every person who, after having been lawfully commanded to aid any officer in arresting any person or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 538. Refusing to make arrest
Every person who, after having been lawfully commanded by any magistrate to arrest another person, willfully neglects or refuses so to do, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 540. Obstructing officer
Every person who willfully delays or obstructs any peace officer in the discharge or attempt to discharge any duty of his office, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 540A. Eluding police officer
Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, marshal, sheriff, highway patrol or state game ranger vehicle directing the said operator to bring his vehicle to a stop and who willfully increases his speed or extinguishes his lights in an attempt to elude such peace officer, or wilfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 540B. Roadblocks
A peace officer may set up one or more roadblocks to apprehend any person riding upon or within a motor vehicle traveling upon a highway, street, turnpike, or area accessible to motoring public, when the officer has probable cause to believe such person is committing or has committed:
1. a violation of 21 CNCA § 540A;
2. escape from the lawful custody of any peace officer;
3. a crime under the laws of this Nation or the laws of any other jurisdiction.
A roadblock is defined as a barricade, sign, standing motor vehicle, or similar obstacle temporarily placed upon or adjacent to a public street, highway, turnpike or area accessible to the motoring public, with one or more peace officers in attendance thereof directing each operator of approaching motor vehicles to stop or proceed.
Every operator of a motor vehicle approaching such roadblock has a duty to stop at the roadblock unless directed otherwise by a peace officer in attendance thereof and the willful violation hereof shall constitute a separate offense from any other offense committed. Any person who willfully attempts to avoid such roadblock or in any manner willfully fails to stop at such roadblock or who willfully passes by or through such roadblock without receiving permission from a peace officer in attendance thereto, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 543. Compounding crimes
Every person who, having knowledge of the actual commission of a crime or violation of statute, takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any evidence thereof, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 544. Compounding prosecution
Every person who takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound, discontinue or delay any prosecution then pending for any crime or violation of statute, or to withhold any evidence in aid thereof, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 545. Attempt to intimidate officer
Every person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, to any juror, referee, arbitrator, umpire or assessor or other person authorized by law to hear or determine any controversy, with intent to induce him either to any act not authorized by law, or to omit or delay the performance of any duty imposed upon him by law, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 546. Suppressing evidence
Every person who maliciously practices any deceit or fraud, or uses any threat, menace or violence, with intent to prevent any party to an action or proceeding from obtaining or producing therein any book, paper, or other matter or thing which might be evidence, or from procuring the attendance or testimony of any witness therein, or with intent to prevent any person having in his possession any book, paper or other matter or thing which might be evidence in such suit or proceeding, or prevent any person being cognizant of any fact material thereto from producing or disclosing the same, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 547. Buying lands in suit
Every person who takes any conveyance of any lands or tenements, or of any interest or estate therein, from any person not being in the possession thereof, while such lands or tenements are the subject of controversy, by suit in any Court, knowing the pendency of such suit, and that the grantor was not in possession of such lands or tenements, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 554. Attorneys-Buying demands for suit-Misleading inferior courts
Every attorney who either directly or indirectly buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a crime. Any attorney who in any proceeding before any Court in which he appears as attorney, willfully misstates any proposition or seeks to mislead the Court in any matter of law is guilty of a crime and on any trial therefor the nation shall only be held to prove to the Court that the cause was pending, that the defendant appeared as an attorney in the action, and showing what the legal statement was, wherein it is not the law. If the defense be that the act was not willful the burden shall be on the defendant to prove that he did not know that there was error in his statement of the law.
LA 10-90, eff. November 13, 1990.
§ 555. Prosecutors and their partners
Every attorney who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any Court, the prosecution of which is carried on, aided or promoted by any person as prosecutor or other public attorney; with whom such person is directly or indirectly connected as a partner, or who takes or receives, directly or indirectly, from or on behalf of any defendant therein, any valuable consideration, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 556. Prosecutor advising the defense
Every attorney who, having prosecuted or in any manner aided or promoted any action or proceeding in any court, as prosecutor or other public attorney, afterward, directly or indirectly, advises in relation to, or takes any part in the defense thereof, as attorney or otherwise, or takes or receives any valuable consideration from or on behalf of any defendant therein, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a crime; and in addition to the punishment prescribed therefor he shall forfeit his license to practice.
LA 10-90, eff. November 13, 1990.
§ 557. Attorneys may defend themselves
The two last sections do not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.
LA 10-90, eff. November 13, 1990.
§ 565. Definition of direct contempt and indirect contempt
Contempts of court shall be divided into direct and indirect contempts. Direct and indirect contempts can be civil or criminal in nature.
A. Direct and indirect contempts
1. Direct contempts shall consist of disorderly or insolent behavior committed during the session of the Court and in its immediate view, and presence, and of the unlawful and willful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be deemed direct contempt of court, and may be summarily punished as hereinafter provided for.
2. Indirect contempts of court shall consist of willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a Court.
B. Civil and criminal contempts
1. Civil contempts: failure to obey a court order that was issued for another party's benefit. A civil contempt procedure is coercive or remedial in nature.
2. Criminal contempts: acts that obstruct justice or attack the integrity of the court. A criminal contempt proceeding is punitive in nature.
LA 9-07, eff. March 21, 2007.
§ 565.1. Trial court-Power to punish contempt-Censure-Contempt proceedings
A. The Trial Judge has the power to cite for contempt anyone who, in his presence in open court, willfully obstructs judicial proceedings. If necessary, the Trial Judge may punish a person cited for contempt after an opportunity to be heard has been given.
B. Censure shall be imposed by the Trial Judge only if:
1. it is clear from the identity of the offender and the character of his acts that disruptive conduct is willfully contemptuous; or
2. the conduct warranting the sanction is preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.
C. The Trial Judge, as soon as practicable after he is satisfied that courtroom misconduct requires contempt proceedings, should inform the alleged offender of his intention to institute said proceedings.
D. Before imposing any punishment for contempt, the Judge shall give the offender notice of the charges and an opportunity to adduce evidence or argument relevant to guilt or punishment.
E. The Judge before whom courtroom misconduct occurs may impose appropriate sanctions including punishment for contempt. If the Judge's conduct was so integrated with the contempt that he contributed to it or was otherwise involved or his objectivity can reasonably be questioned, the matter shall be referred to another Judge.
LA 10-90, eff. November 13, 1990.
§ 566. Punishment for direct or indirect contempt-Guidelines for determination of sentence and purge fee for failure to comply with certain orders regarding children
A. Unless otherwise provided for by law, punishment for direct or indirect contempt shall be by the imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding six (6) months, or by both, at the discretion of the Court.
B. 1. In the case of indirect contempt for the failure to comply with an order for child support, other support, visitation, or other court orders regarding minor children the Supreme Court shall promulgate guidelines for determination of the sentence and purge fee. If the Court fails to follow said guidelines, the Court shall make a specific finding stating the reasons why the imposition of the guidelines would result in inequity. The factors that shall be used in determining the sentence and purge fee are:
a. the proportion of the child support or other support that was unpaid in relation to the amount of support that was ordered paid;
b. the proportion of the child support or other support that could have been paid by the party found in contempt in relation to the amount of support that was ordered paid;
c. the present capacity of the party found in contempt to pay any arrearages;
d. any willful actions taken by the party found in contempt to reduce factor c;
e. the past history of compliance or noncompliance with the support or visitation order; and
f. willful acts to avoid the jurisdiction of the Court.
2. When a court of competent jurisdiction makes an order compelling a parent to furnish monetary support, necessary food, clothing, shelter, medical attention, medical insurance or other remedial care for the minor child of the parent:
a. proof that:
i. the order was made, filed, and served on the parent, or
ii. the parent had actual knowledge of the existence of the order, or
iii. the order was granted by default after prior due process notice to the parent, or
iv. the parent was present in Court at the time the order was pronounced; and
b. proof of noncompliance with the order,
shall be prima facie evidence of an indirect civil contempt of court.
LA 10-90, eff. November 13, 1990.
§ 567. Indirect contempts-Notice-Trial by jury-Appearance bond
A. In all cases of indirect contempt the party charged with contempt shall be notified in writing of the accusation and have a reasonable time for defense; and the party so charged shall, upon demand, have a trial by jury.
B. In the event the party so charged shall demand a trial by jury, the Court shall thereupon set the case for trial at the next jury term of said Court, and shall fix the amount of an appearance bond to be posted by said party charged, which bond shall be signed by said party and two sureties, which sureties together shall qualify by showing ownership of real property, the equal of which property shall be in double the amount of the bond, or, in the alternative, the party charged may deposit with the Court Clerk cash equal to the amount of the appearance bond.
C. In a case of indirect contempt, it shall not be necessary for the party alleging indirect contempt, or an attorney for that party, to attend an initial appearance or arraignment hearing for the party charged with contempt, unless the party alleging the indirect contempt is seeking a cash bond. If a cash bond is not being requested, the Clerk of the Court shall, upon request, notify the party alleging the indirect contempt of the date of the trial.
D. Notwithstanding any other provision of law, a party charged with indirect civil contempt of court for failure to pay child support, day care expenses or unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses as required by the terms of a valid child support order shall not be entitled to trial by jury.
LA 10-90, eff. November 13, 1990. Amended LA 9-07, eff. March 21, 2007
§ 567.1. Indirect contempt for failure to pay child support-Purge fee
When a person is found guilty of indirect contempt of court for failure to pay child support, day care expenses or unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses, that person may purge the contempt by:
1. Making all future payments for child support, day care expenses and unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses as required by the current order for child support; and
2. a. paying the full amount of the arrearage, or some portion thereof, as a lump sum if the Court determines the contemnor has the financial ability to do so; and
b. if the full amount of the arrearage is not paid in a lump sum, then by making additional monthly payments in an amount equal to one-half of the current monthly child support obligation, exclusive of day care expenses.
All payments made pursuant to this subdivision (2)(b) shall be applied to reduce the amount of child support arrearage which was the subject of the contempt action. Payments made in accordance with the provisions of this subdivision (2)(b) shall bear interest as set forth in 43 CNCA § 511(C) and 43 CNCA § 513.
3. The total amount of the payments required to be made pursuant to subdivisions (1) and (2)(b) above shall not exceed forty percent (40%) of the contemnor's current gross monthly income. For purposes of this subdivision, the contemnor's gross income shall be determined in accordance with the provisions of 43 O.S. § 118(2) and (3) as incorporated by reference in the Cherokee Nation Code Annotated at 43 CNCA § 514. If the total amount of the payments required to be made pursuant to subdivisions (1) and (2)(b) above exceeds forty percent (40%) of the contemnor's gross monthly income, then the amount required to be paid under subdivision (2)(b) above shall be reduced such that the total payments required under subdivision (1) and (2)(b) shall equal forty percent (40%) of the contemnor's gross monthly income. If application of this subdivision (3) creates a payout schedule which exceeds three (3) years then the terms and provisions of 43 CNCA § 511(B) shall apply.
4. The payments required to be made pursuant to this section shall continue until the child support arrearage, which was the subject of the contempt action has been paid in full, at which time the contempt shall be deemed purged.
5. If a contemnor is committed to the custody of the sheriff to serve the sentence imposed by the Court, the contemnor may thereafter only be discharged from the custody of the sheriff:
a. upon payment in full of the adjudicated arrearage; or
b. upon serving the full sentence: or
c. upon the making of a subsequent agreement by the parties as to payment of the arrearages, which agreement has been approved by the Court and entry of a court order that the contemnor be released from the custody of the sheriff with the balance of the sentence to be conditionally suspended, subject to performance of the terms of the agreement and the provisions of the court order for release. Persons incarcerated pursuant to the provisions of this section shall not be entitled to credit for good time, blood time, trustee time, or any other credit for time served. Persons incarcerated pursuant to the provisions of this section shall serve flat time in all cases.
LA 9-07, eff. March 21, 2007
§ 568. Contempt-Substance of offense made of record
Whenever a person shall be imprisoned for contempt the substance of the offense shall be set forth in the order for his confinement, and made a matter of record in the Court.
LA 10-90, eff. November 13, 1990.
§ 569. Attorneys-Second application to another judge to stay trial
Every attorney or counselor at law who, knowing that an application has been made for an order staying the trial of an indictment, to a Judge authorized to grant the same, and has been denied, without leave reserved to renew it, makes an application to another Judge to stay the same trial, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 573. Fraudulent concealment of property
Every person who, having been called upon, by the lawful order of any Court, to make a true exhibit of his real and personal effects, either:
1. willfully conceals any of his estate or effects, or any books or writing relative thereto; or,
2. willfully omits to disclose to the Court any debts or demands which he has collected, or any transfer of his property which he had made after being ordered to make an exhibit thereof, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 575. Attorneys, misconduct by-Deceit-Delaying suit-Receiving allowance for money not laid out
Every attorney who, whether as attorney or as counselor, who:
1st, is guilty of any deceit or collusion, or consents to any deceit or collusion with intent to deceive the Court or any party; or
2nd, willfully delays his client's suit, with a view to his own gain; or
3rd, willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for, is guilty of a crime; and, in addition to the punishment prescribed therefor by this code, he forfeits to the party injured treble damages, to be recovered in a civil action.
LA 10-90, eff. November 13, 1990.
§ 576. Attorney permitting other person to use his name
If any attorney knowingly permits any person not being his general law partner or a clerk in his office to sue out any process or to prosecute or defend any action in his name, except as authorized by the next section, such attorney, and every person who shall so use his name is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 577. Attorneys, use of name lawful, when
Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the people, or of any public officer, board of officers or municipal corporation, on behalf of another party, the prosecutor, or attorney of such public officer or board or corporation may permit any proceeding therein to be taken in his name by an attorney to be chosen by the party in interest.
LA 10-90, eff. November 13, 1990.
§ 578. Inheritance, intercepting by fraudulent production of infant
Every person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate, from any person lawfully entitled thereto, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 579. Substituting child
Every person to whom an infant has been confided for nursing, education, or any other person, who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 584. Prosecuting suit or bringing action or procuring arrest in false name
Every person who maliciously institutes or prosecutes any action or legal proceeding; or makes or procures any arrest, in the name of a person who does not exist, or has not consented that it be instituted or made, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 587. False certificate by public officer
Every public officer who, being authorized by law to make or give any certificate or other writing, knowingly makes and delivers as true any such certificate or writing containing any statement which he knows to be false, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 588. Recording of petit jury proceedings-Listening or observing-Penalty
Any person, firm or corporation who knowingly and willfully, by means of any device whatsoever, records or attempts to record the proceedings of any jury in any Court of Cherokee Nation while such jury is deliberating or voting or listens to or observes, or attempts to listen to or observe, the proceedings of any jury of which he is not a member in any Court of Cherokee Nation while such jury is deliberating or voting shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 589. False reporting of crime
It shall be unlawful to willfully, knowingly and without probable cause make a false report to any person of any crime or circumstances indicating the possibility of crime having been committed, including the unlawful taking of personal property, which report causes or encourages the exercise of police action or investigation, and any person violating the provisions hereof shall be guilty of a crime and upon conviction thereof shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
PART III
CRIMES AGAINST THE PERSON
CHAPTER 20
ASSAULT AND BATTERY
Section
641. Assault defined
642. Battery defined
643. Force against another not unlawful, when-Self-defense-Defense of property
644. Assault or assault and battery-Punishment
645. Assault, battery, or assault and battery with a dangerous weapon punishment
646. Aggravated assault and battery defined
647. Punishment for aggravated assault and battery
648. Definitions
649. Assault, battery or assault and battery upon police officer or other peace officer-Penalties
649.1. Certain acts against police dog or police horse prohibited-Penalties
649.2. Killing police dog or police horse-Penalties
650. Aggravated assault and battery upon peace officer
650.1. Athletic contests-Assault and battery upon referee, umpire, etc.
650.2. Aggravated assault and battery upon Cherokee Nation corrections employee
650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider-Punishment
650.4. Assault, battery or assault and battery upon emergency medical technician or other emergency medical care provider-Punishment
650.5. Aggravated assault and battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider-Punishment
§ 641. Assault defined
An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.
LA 10-90, eff. November 13, 1990.
§ 642. Battery defined
A battery is any willful and unlawful use of force or violence upon the person of another.
LA 10-90, eff. November 13, 1990.
§ 643. Force against another not unlawful, when-Self-defense-Defense of property
To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases:
1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting him or acting by his direction.
2. When necessarily committed by any person in arresting one who has committed any crime, and delivering him to a public officer competent to receive him in custody.
3. When committed either by the party about to be injured, or by any other person in his aid or defense, in preventing or attempting to prevent an offense against his person, or any trespass or other unlawful interference with real or personal property in his lawful possession; provided the force or violence used is not more than sufficient to prevent such offense.
4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by his refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree.
5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel or other vehicle any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force and violence used is not more than is sufficient to expel the offending passenger, with a reasonable regard to his personal safety.
6. When committed by any person in preventing a person who is impaired by reason of intellectual or developmental disability, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person.
LA 10-90, eff. November 13, 1990, LA 19-21, eff. May 17, 2021.
§ 644. Assault or assault and battery-Punishment
A. Assault shall be punishable by imprisonment for a term not exceeding thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by bothsuch fine and imprisonment.
Assault and battery shall be punishable by imprisonment for a term not exceedingsix (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
C. Any person who commits any assault and battery against a current or former intimate partner or a family or household member as defined by 22 CNCA § 60.1 shall be guilty of domestic abuse. Upon conviction, the defendant shall be guilty of a misdemeanor and punished by imprisonment for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent offense, the person shall be guilty of a felony and punished by imprisonment for not more than three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment. The provisions of Section 51 of this title shall apply to any second or subsequent offense.
D. 1. Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon an intimate partner or a family or household member as defined by 22 CNCA § 60.1 with any sharp or dangerous weapon, upon conviction, is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony and punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph.
2. Any person who, without such cause, shoots an intimate partner or a family or household member as defined by 22 CNCA § 60.1 by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph.
E. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment for not more than one (1) year.
F. Any person convicted of a second or subsequent offense of domestic abuse against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony, punishable by imprisonment for not more than three (3) years.
G. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy and a miscarriage occurs or injury to the unborn child occurs shall be guilty of a felony, punishable by imprisonment for not more than three (3) years.
H. Any person convicted of domestic abuse as defined in subsection C of this section that results in great bodily injury to the victim shall be guilty of a felony and punished by imprisonment for not more than three (3) years. The provisions of Section 51 of this title shall apply to any second or subsequent conviction of a violation of this subsection.
I. Any person convicted of domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be guilty of a misdemeanor and punished by imprisonment for not less than six (6) months nor more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted of a second or subsequent domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be guilty of a felony and punished by imprisonment for not less than one (1) year nor more than three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment. The provisions of Section 51 of this title shall apply to any second or subsequent offense.
J. For every conviction of any provision of this section, the court shall:
1. Specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse as specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor. Three unexcused absences in succession or seven unexcused absences in a period of fifty-two (52) weeks from any court-ordered domestic abuse counseling or treatment program shall be prima facie evidence of the violation of the conditions of probation.
b. A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this subsection. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional;
The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.
K. As used in subsection F of this section, “in the presence of a child” means in the physical presence of a child; or having knowledge that a child is present and may see or hear an act of domestic violence. For the purposes of subsections C and F of this section, “child” may be any child whether or not related to the victim or the defendant.
L. For the purposes of subsections C and F of this section, any conviction for assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or any person living in the same household as the defendant, shall constitute a sufficient basis for a felony charge if that conviction is rendered in any court of record.
M. Any plea of guilty or nolo contendere or a finding of guilt for a violation of any subsection of this section shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under which the existence of a prior conviction is relevant for a period of ten (10) years following the completion of any court imposed probationary term; provided, the person has not, in the meantime, been convicted of a misdemeanor involving moral turpitude or a felony.
N. For purposes of subsection F of this section, “great bodily injury” means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.
LA 10-90, eff. November 13, 1990, LA 19-21, eff. May 17, 2021.
§ 645. Assault, battery, or assault and battery with a dangerous weapon punishment
Every person who with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another with any kind of firearm or air gun or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction shall be guilty of a crime.
LA 10-06, eff. June 16, 2006.
§ 646. Aggravated assault and battery defined
A. An assault and battery becomes aggravated when committed under any of the following circumstances:
1. When great bodily injury is inflicted upon the person assaulted; or
2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in 21 CNCA § 641.
B. For purposes of this section "great bodily injury" means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.
LA 10-90, eff. November 13, 1990. Amended LA 10-06, eff. June 16, 2006.
§ 647. Punishment for aggravated assault and battery
Aggravated assault and battery shall be a crime.
LA 10-90, eff. November 13, 1990.
§ 648. Definitions
A. "Dog handler" means any police officer or peace officer who has successfully completed training in the handling of a police dog as established by the policy or standard of the law enforcement agency employing said officer.
B. "Police dog" means any dog used by a law enforcement agency of this Nation or political subdivision of this Nation which is especially trained for law enforcement work and is subject to the control of a dog handler.
C. "Police horse" means any horse which is used by a law enforcement agency of this Nation or political subdivision of this Nation for law enforcement work.
D. "Police officer," "police" or "peace officer" means any duly appointed person who is charged with the responsibility of maintaining public order, safety, and health by the enforcement of all laws, ordinances or orders of this Nation or any of its political subdivisions and who is authorized to bear arms in execution of his responsibilities.
LA 10-90, eff. November 13, 1990.
§ 649. Assault, battery or assault and battery upon police officer or other peace officer-Penalties
A. Every person who, without justifiable or excusable cause, knowingly commits any assault upon the person of an officer of the Cherokee Nation Marshal Service, police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other Nation peace officer employed by any Nation, state or federal governmental agency to enforce Nation laws while said officer is in the performance of his or her duties is upon conviction, guilty of a crime.
B. Every person who, without justifiable or excusable cause knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other Nation peace officer employed by any Nation governmental agency to enforce Nation laws while said officer is in the performance of his duties, upon conviction, is guilty of a crime.
C. As used in this section and in 21 CNCA § 650, "corrections personnel "means any person, employed by the Nation or by a political subdivision, who has direct contact with inmates of a jail or Nation correctional facility, and includes but is not limited to, penal institution employees in job classifications requiring direct contact with inmates, persons providing vocational-technical training to inmates, education personnel who have direct contact with inmates because of education programs for inmates, and persons employed by county or municipal jails to supervise inmates or to provide medical treatment or meals to inmates of jails.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013.
§ 649.1. Certain acts against police dog or police horse prohibited-Penalties
A. No person shall willfully torture, torment, beat, mutilate, injure, disable, or otherwise mistreat a police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the Nation or political subdivision of the Nation.
B. No person shall willfully interfere with the lawful performance of any police dog or police horse.
C. Except as provided in subsection (D) of this section, any person convicted of violating any of the provisions of this section shall be guilty of a crime.
D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a crime shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 649.2. Killing police dog or police horse-Penalties
A. No person shall willfully kill any police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the State of Oklahoma, federal government, Nation or a political subdivision of the State of Oklahoma, federal government or Nation.
B. Except as provided in subsection (C) of this section, any person convicted of violating the provisions of this section is guilty of a crime.
C. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section during the commission of a crime shall be guilty of a crime, punishable by imprisonment in a penal institution not exceeding six (6) months, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990.
§ 650. Aggravated assault and battery upon peace officer
A. Every person who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon the person of a marshal, police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel as defined in 21 CNCA § 649, or any state, federal or Nation peace officer employed by any Nation governmental agency to enforce Nation laws, while said officer is in the performance of his duties, shall upon conviction thereof be guilty of a crime.
B. This section shall not supersede any other act or acts, but shall be cumulative thereto.
LA 10-90, eff. November 13, 1990.
§ 650.1. Athletic contests-Assault and battery upon referee, umpire, etc.
Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery, or assault and battery upon the person of a referee, umpire, timekeeper, coach, official, or any person having authority in connection with any amateur or professional athletic contest is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 650.2. Aggravated assault and battery upon Cherokee Nation corrections employee
Every person in the custody of the Cherokee Nation penal institution or who commits any aggravated assault and battery upon the person of a Nation employee while said employee is in the performance of his duties shall upon conviction thereof be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider-Punishment
Every person who willfully delays, obstructs or in any way interferes with an emergency medical technician or other emergency medical care provider in the performance of or attempt to perform emergency medical care and treatment or in going to or returning from the scene of a medical emergency, upon conviction, is guilty of a crime punishable by imprisonment in the penal institution not exceeding six (6) months, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990.
§ 650.4. Assault, battery or assault and battery upon emergency medical technician or other emergency medical care provider-Punishment
A. Every person who, without justifiable or excusable cause, knowingly commits any assault upon the person of an emergency medical technician or other emergency medical care provider, upon conviction, is punishable by imprisonment in a penal institution not exceeding six (6) months, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
B. Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any battery or assault and battery upon the person of an emergency medical technician or other emergency medical care provider, upon conviction, is guilty of a crime.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013.
§ 650.5. Aggravated assault and battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider-Punishment
Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any aggravated assault and battery or any assault with a firearm or other deadly weapon upon the person of an emergency medical technician or other emergency medical care provider, upon conviction, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 21
ATTEMPTS TO KILL
Section
651. Poison, attempt to kill by administering
652. Shooting or discharging firearm with intent to kill-Assault and battery with deadly weapon, etc.
§ 651. Poison, attempt to kill by administering
Every person who, with intent to kill, administers or causes or procures to be administered to another any poison which is actually taken by such other person but by which death is not caused, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 652. Shooting or discharging firearm with intent to kill-Assault and battery with deadly weapon, etc.
Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, is guilty of a crime. Any person who commits any assault and battery upon another by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, or in resisting the execution of any legal process, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 22
DUELS AND CHALLENGES
Section
661. Duel defined
662. Punishment for dueling
§ 661. Duel defined
A duel is any combat with deadly weapons fought between two persons by agreement.
LA 10-90, eff. November 13, 1990.
§ 662. Punishment for dueling
Every person fighting any duel, although no death or wound ensues, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 23
CRIMINAL ASSAULTS
Section
681. Assaults with intent to commit crime; Punishment
§ 681. Assaults with intent to commit crime; Punishment
A. Every person who commits an assault with intent to commit any crime, except an assault with intent to kill, the punishment for which assault is not otherwise prescribed in this code, is guilty of a crime, punishable pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment if the offense involved sexual assault.
B. Any person convicted for a violation of subsection (A) of this section where the offense involved sexual assault, shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
CHAPTER 24
HOMICIDE
GENERAL PROVISIONS
Section
691. Homicide defined
692. Homicide classified
693. Proof necessary to conviction of murder or manslaughter
694. Petit treason by killing master or husband abolished-Such offenses homicides
695. Confidential or domestic relation may be considered
MURDER
701.7. Murder in the first degree
701.8. Murder in the second degree
701.9. Punishment for murder
701.16. Solicitation for murder in the first degree
702. Design to effect death inferred
703. Premeditation
704. Anger or intoxication no defense
705. Act imminently dangerous and evincing depraved mind
MANSLAUGHTER
711. Manslaughter in the first degree defined
712. Liability of physicians
713. Killing an unborn quick child
715. Punishment for manslaughter in the first degree
716. Manslaughter in the second degree
717. Owner of mischievous animal which kills person
722. Punishment for manslaughter in the second degree
EXCUSABLE AND JUSTIFIABLE HOMICIDE
731. Excusable homicide, what is
732. Justifiable homicide by officer
733. Justifiable homicide by any person
GENERAL PROVISIONS
§ 691. Homicide defined
Homicide is the killing of one human being by another.
§ 692. Homicide classified
Homicide is either:
1. Murder;
2. Manslaughter;
3. Excusable homicide; or
4. Justifiable homicide.
§ 693. Proof necessary to conviction of murder or manslaughter
No person can be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed and the fact of the killing by the accused are each established as independent facts beyond a reasonable doubt.
LA 10-90, eff. November 13, 1990.
§ 694. Petit treason by killing master or husband abolished-Such offenses homicides
The rules of the common law, distinguishing the killing of a master by his servant and of a husband by his wife, as petit treason are abolished and these offenses are deemed homicides, punishable in the manner prescribed by this chapter.
LA 10-90, eff. November 13, 1990.
§ 695. Confidential or domestic relation may be considered
Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.
LA 10-90, eff. November 13, 1990.
MURDER
§ 701.7. Murder in the first degree
A. A person commits murder in the first degree when he unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
B. A person also commits the crime of murder in the first degree when he takes the life of a human being, regardless of malice, in the commission of forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.
C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to 21 CNCA § 843.
D. A person commits murder in the first degree when he unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Substances Act, 21 CNCA § 2101 et seq., unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.
LA 10-90, eff. November 13, 1990.
§ 701.8. Murder in the second degree
Homicide is murder in the second degree in the following cases:
1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or
2. When perpetrated by a person engaged in the commission of any crime other than the unlawful acts set out in 21 CNCA § 701.7(B).
LA 10-90, eff. November 13, 1990.
§ 701.9. Punishment for murder
A. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall be guilty of a crime.
B. A person who is convicted of or pleads guilty or nolo contendere to murder in the second degree shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 701.16. Solicitation for murder in the first degree
It shall be unlawful for any person or agent of that person to solicit another person or persons to cause the death of a human being by the act of murder in the first degree as is defined by 21 CNCA § 701.7. A person who is convicted, pleads guilty or pleads nolo contendere to the act of solicitation for murder in the first degree, except as provided in 21 CNCA § 701.7, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 702. Design to effect death inferred
A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed.
LA 10-90, eff. November 13, 1990.
§ 703. Premeditation
A design to effect death sufficient to constitute murder may be formed instantly before committing the act by which it is carried into execution.
LA 10-90, eff. November 13, 1990.
§ 704. Anger or intoxication no defense
Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.
LA 10-90, eff. November 13, 1990.
§ 705. Act imminently dangerous and evincing depraved mind
Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, regardless of human life, is not the less murder because there was no actual intent to injure others.
LA 10-90, eff. November 13, 1990.
MANSLAUGHTER
§ 711. Manslaughter in the first degree defined
Homicide is manslaughter in the first degree in the following cases:
1. When perpetrated without a design to effect death by a person while engaged in the commission of a crime.
2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
LA 10-90, eff. November 13, 1990.
§ 712. Liability of physicians
Every physician who being in a state of intoxication without a design to effect death, administers any poison, drug or medicine, or does any other act as such physician to another person, which produces the death of such other person, is guilty of manslaughter in the first degree.
LA 10-90, eff. November 13, 1990.
§ 713. Killing an unborn quick child
The willful killing of an unborn quick child by any injury committed upon the person of the mother of such child is manslaughter in the first degree.
LA 10-90, eff. November 13, 1990.
§ 715. Punishment for manslaughter in the first degree
Every person committing manslaughter in the first degree is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 716. Manslaughter in the second degree
Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.
LA 10-90, eff. November 13, 1990.
§ 717. Owner of mischievous animal which kills person
If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances permitted, to avoid such animal, the owner is deemed guilty of manslaughter in the second degree.
LA 10-90, eff. November 13, 1990.
§ 722. Punishment for manslaughter in the second degree
Every person committing of manslaughter in the second degree is guilty of a crime.
LA 10-90, eff. November 13, 1990.
EXCUSABLE AND JUSTIFIABLE HOMICIDE
§ 731. Excusable homicide, what is
Homicide is excusable in the following cases:
1. When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.
2. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.
LA 10-90, eff. November 13, 1990.
§ 732. Justifiable homicide by officer
A peace officer, correctional officer, or any person acting by his command in his aid and assistance, is justified in using deadly force when:
1. In effecting an arrest or preventing an escape from custody following arrest and the officer reasonably believes both that:
a. such force is necessary to prevent the arrest from being defeated by resistance or escape, and
b. there is probable cause to believe that the person to be arrested has committed a crime involving the infliction or threatened infliction of serious bodily harm, or the person to be arrested is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay; or
2. The officer is in the performance of his legal duty or the execution of legal process and reasonably believes the use of the force is necessary to protect himself or others from the infliction of serious bodily harm; or
3. The force is necessary to prevent an escape from a penal institution from custody while in transit thereto or therefrom unless the officer has reason to know:
a. the person escaping is not a person who has committed a crime involving violence, and
b. the person escaping is not likely to endanger human life or to inflict serious bodily harm if not apprehended.
LA 10-90, eff. November 13, 1990.
§ 733. Justifiable homicide by any person
Homicide is also justifiable when committed by any person in either of the following cases:
1. When resisting any attempt to murder such person, or to commit any crime upon him, or upon or in any dwelling house in which such person is; or
2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a crime, or to do some great personal injury, and imminent danger of such design being accomplished; or
3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any crime committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.
LA 10-90, eff. November 13, 1990.
CHAPTER 25
KIDNAPPING
Section
741. Kidnapping defined
745. Kidnapping for purpose of extortion-Assisting in disposing, receiving, possessing or exchanging money or property received
746. Venue
747. Holder of hostage-Telephone communications
748. Human trafficking for forced labor or forced sexual exploitation
748.2 Rights of victims of human trafficking-Civil action against perpetrator
§ 741. Kidnapping defined
A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either:
1. To cause such other person to be confined or imprisoned in this Nation against the will of the other person; or,
2. To cause such other person to be sent out of this Nation against the will of the other person; or,
3. To cause such person to be sold as a slave, or in any way held to service against the will of such other person, is guilty of a crime, punishable pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment when the offense was by a non-parent and involved sexual abuse or sexual exploitation.
B. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress.
C. Any person, except for the parent of the child, convicted for a violation of subsection (A) of this section where the offense involved sexual abuse or sexual exploitation, shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 745. Kidnapping for purpose of extortion-Assisting in disposing, receiving, possessing or exchanging money or property received
A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, for the purpose of extorting any money, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, or from any other person, or in any manner threatens either by written instrument, word of mouth, message, telegraph, telephone, by placing an ad in a newspaper, or by messenger, demands money or other thing of value, shall be guilty of a crime.
B. Every person, not a principal in the kidnapping and not a relative or agent authorized by a relative of a kidnapped person, but who knowingly aids, assists, or participates in the disposing, receiving, possession or exchanging of any moneys, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 746. Venue
Every offense prohibited in the last section may be tried in the jurisdiction in which the crime may have been committed or in any jurisdiction through which the person so seized, confined, inveigled or kidnapped shall have been taken, carried, or into which such person may be brought.
LA 10-90, eff. November 13, 1990.
§ 747. Holder of hostage-Telephone communications
A. The supervising law enforcement official having jurisdiction in the geographical area where hostages are held who has probable cause to believe that the holder of one or more hostages is committing a crime shall have the authority to order a telephone company to arrange to cut, reroute or divert telephone lines in any emergency in which such hostages are being held, for the purpose of preventing telephone communication by the holder of such hostages with any person other than a peace officer or a person authorized by the peace officer.
B. The serving telephone company within the geographical area of a law enforcement unit shall designate appropriate telephone company management employees to provide, or cause to be provided, all required assistance to law enforcement officials to carry out the purposes of this section.
C. Good faith reliance on an order by a supervising law enforcement official pursuant to this section, shall constitute a complete defense to any civil or criminal action brought against a telephone company, its agents or employees, as a result of compliance with said order.
LA 10-90, eff. November 13, 1990.
§ 748. Human trafficking for forced labor or forced sexual exploitation
A. As used in Sections 748 and 748.2 of this title:
1. “Coercion” means compelling, forcing or intimidating a person to act by:
a. threats of harm or physical restraint against any person,
b. any act, scheme, plan, or pattern intended to cause a person to believe that performing, or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person,
c. the abuse or threatened abuse of the law or legal process,
d. knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, or other government identification document, including but not limited to a driver license or birth certificate, of another person,
e. facilitating or controlling a person's access to any addictive or controlled substance other than for legal medical purposes,
f. blackmail,
g. demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution,
h. determining, dictating or setting the times at which another person will be available to engage in an act of prostitution with a third party,
i. determining, dictating or setting the places at which another person will be available for solicitation of, or to engage in, an act of prostitution with a third party, or
j. determining, dictating or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party;
2. “Commercial sex” means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display;
3. “Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;
4. “Human trafficking” means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's commercial sex act or labor;
5. “Human trafficking for labor” means:
a. recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion or for purposes of engaging the person in labor, or
b. benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act of trafficking for labor;
6. “Human trafficking for commercial sex” means:
a. recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion for purposes of engaging the person in a commercial sex act,
b. recruiting, enticing, harboring, maintaining, transporting, providing, purchasing or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act, or
c. benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex;
7. “Legal process” means the criminal law, the civil law, or the regulatory system of the Cherokee Nation, the federal government, any state, territory, district, commonwealth, or trust territory therein, and any foreign government or subdivision thereof and includes legal civil actions, criminal actions, and regulatory petitions or applications;
8. “Minor” means an individual under eighteen (18) years of age; and
9. “Victim” means a person against whom a violation of any provision of this section has been committed.
10. It shall be unlawful to knowingly engage in human trafficking.
11. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment for a term of not more than three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment. The court shall also order the defendant to pay restitution to the victim as provided in 22 CNCA § 991F.
12. It is an affirmative defense to prosecution for a criminal offense that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking.
13. The consent of a victim to the activity prohibited by this section shall not constitute a defense.
14. Lack of knowledge of the age of the victim shall not constitute a defense to the activity prohibited by this section with respect to human trafficking of a minor.
LA 29-21, eff. June 18, 2021
§ 748.2 Rights of victims of human trafficking-Civil action against perpetrator
A. Human trafficking victims shall:
1. Be housed in an appropriate shelter as soon as practicable;
2. Not be detained in facilities inappropriate to their status as crime victims;
3. Not be jailed, fined, or otherwise penalized due to having been trafficked;
4. Receive prompt medical care, mental health care, food, and other assistance, as necessary;
5. Have access to legal assistance, information about their rights, and translation services, as necessary; and
6. Be provided protection if the safety of the victim is at risk or if there is a danger of additional harm by recapture of the victim by a trafficker, including:
a. taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals, and
b. ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public.
B. Any person aggrieved by a violation of 21 CNCA § 748(B) may bring a civil action against the person or persons who committed the violation to recover actual and punitive damages and reasonable attorney fees and costs. The civil action brought under this section may be instituted in the Cherokee Nation District Court. A criminal case or prosecution is not a necessary precedent to civil action. The statute of limitations for the cause of action shall not commence until the latter of the victim's emancipation from the defendant, the victim's twenty-first birthday, or the plaintiff discovers or reasonably should have discovered that he or she was a victim of human trafficking and that the defendant caused, was responsible for or profited from the human trafficking.
C. Upon availability of funds, the Principal Chief is authorized to establish an emergency hotline number for victims of human trafficking to call in order to request assistance or rescue.
D. Any peace officer who comes in contact with a human trafficking victim shall inform the victim of the human trafficking emergency hotline number and give notice to the victim of certain rights. The notice shall consist of handing the victim a written statement of the rights provided for in subsection A of this section.
E. Any peace officer or employee of the Cherokee Nation courts or the Department of Juvenile Justice who has reasonable suspicion that a minor may be a victim of human trafficking and is in need of immediate protection shall assume protective custody over the minor and immediately notify Cherokee Nation Indian Child Welfare. The minor shall be transferred to the emergency custody of Cherokee Nation Indian Child Welfare. While in the custody thereof, the minor shall be provided with any necessary emergency social services which include, but shall not be limited to, medical examination or treatment, or a mental health assessment.
Law enforcement and Cherokee Nation Indian Child Welfare shall conduct a joint investigation into the claim.
The minor shall remain in the custody of Cherokee Nation Indian Child Welfare until the investigation has been completed, but for no longer than two (2) judicial days, for the show-cause hearing. The Cherokee Nation Indian Child Welfare may release the minor to the custody of a parent or legal guardian if it determines the minor will not be subject to further exploitation. If no such determination is made, the minor shall be subject to the deprived child provisions of the Cherokee Nation Code Annotated and made eligible for appropriate child welfare services.
The minor shall not be subject to juvenile delinquency proceedings for prostitution or other nonviolent misdemeanor offenses committed as a direct result of being a victim of human trafficking. It shall be an affirmative defense to delinquency or criminal prosecution for any misdemeanor or felony offense that the offense was committed during the time of and as the direct result of the minor being the victim of human trafficking.
LA 29-21, eff. June 18, 2021
CHAPTER 26
MAIMING
Section
751. Maiming defined
752. Maiming one's self
754. Means and manner of maiming immaterial
755. Maiming by disfigurement
756. Design to maim inferred
757. Premeditated design
758. Recovery before trial at bar-Conviction of assault and battery
759. Punishment for maiming
§ 751. Maiming defined
Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance or disables any member or organ of his body or seriously diminishes his physical vigor, is guilty of maiming.
LA 10-90, eff. November 13, 1990.
§ 752. Maiming one's self
Every person who with design to disable himself from performance of any legal duty, existing or anticipated, inflicts upon himself any injury whereby he is so disabled, is guilty of maiming.
LA 10-90, eff. November 13, 1990.
§ 754. Means and manner of maiming immaterial
To constitute maiming it is immaterial by what means or instrument, or in what manner the injury was inflicted.
LA 10-90, eff. November 13, 1990.
§ 755. Maiming by disfigurement
To constitute maiming by disfigurement, the injury must be such as is calculated, after healing, to attract observation. A disfigurement which can only be discovered by close inspection does not constitute maiming.
LA 10-90, eff. November 13, 1990.
§ 756. Design to maim inferred
A design to injure, disfigure, or disable, is inferred from the fact of inflicting an injury which is calculated to disfigure or disable, unless the circumstances raise a reasonable doubt whether such design existed.
LA 10-90, eff. November 13, 1990.
§ 757. Premeditated design
A premeditated design to injure, disfigure or disable, sufficient to constitute maiming, may be formed instantly before inflicting the wound.
LA 10-90, eff. November 13, 1990.
§ 758. Recovery before trial at bar-Conviction of assault and battery
Where it appears, upon a trial for maiming another person, that the person injured has, before the time of trial, so far recovered from the wound that he is no longer by it disfigured in personal appearance, or disabled in any member or organ of his body, or affected in physical vigor, no conviction for maiming shall be had; but the accused may be convicted of assault and battery, with or without a special intent, according to proof.
LA 10-90, eff. November 13, 1990.
§ 759. Punishment for maiming
Every person convicted of maiming is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 28
ROBBERY
Section
791. Robbery defined
792. Force or fear-How employed
793. Degree of force immaterial
794. What fear is an element
795. Value of property not material
796. Taking secretly not robbery
797. Degrees of robbery
798. Punishment for first degree
799. Punishment for second degree
800. Robbery by two or more persons-Punishment
801. Robbery or attempted robbery with dangerous weapon or imitation firearm-Punishment
§ 791. Robbery defined
Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
LA 10-90, eff. November 13, 1990.
§ 792. Force or fear-How employed
To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking.
LA 10-90, eff. November 13, 1990.
§ 793. Degree of force immaterial
When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.
LA 10-90, eff. November 13, 1990.
§ 794. What fear is an element
The fear which constitutes robbery may be either:
1. The fear of an unlawful injury, immediate or future, to the person or property of the person robbed or of any relative of his, or member of his family; or
2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed, at the time of the robbery.
LA 10-90, eff. November 13, 1990.
§ 795. Value of property not material
When property is taken under the circumstances, required to constitute robbery, the fact that the property was of trifling value does not qualify the offense.
LA 10-90, eff. November 13, 1990.
§ 796. Taking secretly not robbery
The taking of property from the person of another is not robbery, when it clearly appears that the taking was fully completed without his knowledge.
LA 10-90, eff. November 13, 1990.
§ 797. Degrees of robbery
Robbery, when accomplished by the use of force, or of putting the person robbed in fear of some immediate injury to his person, is robbery in the first degree. When accomplished in any other manner, it is robbery in the second degree.
LA 10-90, eff. November 13, 1990.
§ 798. Punishment for first degree
Every person convicted of robbery in the first degree is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 799. Punishment for second degree
Every person convicted of robbery in the second degree is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 800. Robbery by two or more persons-Punishment
Whenever two or more persons conjointly commit a robbery or where the whole number of persons conjointly commits a robbery and persons present and aiding such robbery amount to two or more, each and either of such persons is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 801. Robbery or attempted robbery with dangerous weapon or imitation firearm-Punishment
Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 29
SUICIDE
Section
811. Suicide defined
813. Aiding suicide
814. Furnishing weapon or drug
815. Aid in attempt to commit suicide
816. Incapacity of person committing or attempting suicide no defense
817. Punishment for aiding suicide
818. Punishment for aiding an attempt at suicide
§ 811. Suicide defined
Suicide is the intentional taking of one's own life.
LA 10-90, eff. November 13, 1990.
§ 813. Aiding suicide
Every person who willfully, in any manner, advises, encourages, abets, or assists another person in taking his own life, is guilty of aiding suicide.
LA 10-90, eff. November 13, 1990.
§ 814. Furnishing weapon or drug
Every person who willfully furnishes another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life, is guilty of aiding suicide, if such person thereafter employs such instrument or drug in taking his own life.
LA 10-90, eff. November 13, 1990.
§ 815. Aid in attempt to commit suicide
Every person who willfully aids another in attempting to take his own life, in any manner which by the preceding sections would have amounted to aiding suicide if the person assisted had actually taken his own life, is guilty of aiding an attempt at suicide.
LA 10-90, eff. November 13, 1990.
§ 816. Incapacity of person committing or attempting suicide no defense
It is no defense to a prosecution for aiding suicide or aiding an attempt at suicide, that the person who committed or attempted to commit the suicide was not a person deemed capable of committing crime.
LA 10-90, eff. November 13, 1990.
§ 817. Punishment for aiding suicide
Every person convicted of aiding suicide is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 818. Punishment for aiding an attempt at suicide
Every person convicted of aiding an attempt at suicide is guilty of a crime.
LA 10-90, eff. November 13, 1990.
CHAPTER 30
MISCELLANEOUS OFFENSES AGAINST THE PERSON
IN GENERAL
Section
831. Intoxicated physician
832. Willfully poisoning food, drink, medicine, or patent or proprietary medicine
833. Unlawful confinement of lunatics
834. Reconfining persons discharged upon writ of deliverance
835. Concealing persons to avoid habeas corpus
836. Assisting in concealing person to avoid habeas corpus
837. Intimidating laborers
838. Intimidating employers
RIGHT OF PRIVACY
839.1. Right of privacy-Use of name or picture for advertising without consent-Crime
839.2. Right of action-Damages
839.3. Right of photographer to exhibit specimens of work-Other uses excepted
TATTOOING
841. Reserved
842. Reserved
CHILD ABUSE
843. Abuse of children-Penalties
843.1. Caretaker-Abuse, neglect or financial exploitation of charge
843.2. Verbal abuse by caretaker
843.3. Abuse or exploitation of vulnerable adult by non-caretaker
843.4. Exploitation of elderly persons or disabled adults
843.5. Criminal forfeiture
843.6. Civil forfeiture
844. Ordinary force as means of discipline not prohibited
845. Repealed
846. Mandatory reporting of physical abuse or birth of chemically-dependent child-Investigations-Spiritual treatment exemption-Appointment of attorney for child
846.1. Report of criminally inflicted injuries
847. Immunity from civil or criminal liability
848. Admissibility of evidence
EXPLOSIVES
849. Wiring or equipping of vehicles or structures with explosives-Penalty
INTIMIDATION OR HARASSMENT
850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability-Standardized reporting system
IN GENERAL
§ 831. Intoxicated physician
Every physician who being in the state of intoxication administers any poison, drug or medicine, or does any other act as such physician to another person, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 832. Willfully poisoning food, drink, medicine, or patent or proprietary medicine
A. 1. No person shall willfully mingle any poison, Schedule I through V drug pursuant to the provisions of 21 CNCA § 2203 et seq., or sharp object, or any other object or substance which if used in a manner which is not customary or usual is harmful to human life, with any food, drink, medicine, or patent or proprietary medicine with intent that the same shall be taken, consumed, applied, or used in any manner by any human being to his injury; and
2. Unless authorized by law, no person shall willfully poison or place any Schedule I through V drug pursuant to the provisions of 21 CNCA § 2203 et seq., or any other object or substance which if used in a manner which is not customary or usual is harmful to human life in any spring, well, or reservoir of water.
B. Any person convicted of violating any of the provisions of this section shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 833. Unlawful confinement of lunatics
Every overseer of the poor, constable, keeper of a penal institution, or other person who confines any idiot, lunatic, or insane person, in any other manner or in any other place than is authorized by law, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 834. Reconfining persons discharged upon writ of deliverance
Every person who, either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from a penal institution upon a writ of deliverance, is guilty of a crime; and, in addition to the punishment prescribed therefor, he forfeits to the party aggrieved One Thousand Dollars ($1,000.00), to be recovered in a civil action.
LA 10-90, eff. November 13, 1990.
§ 835. Concealing persons to avoid habeas corpus
Every person having in his custody or power, or under his restraint, a party who by the provisions of law relating to habeas corpus, would be entitled to a writ of habeas corpus, or for whose relief such writ has been issued, who, with intent to elude the service of such writ, to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who, without lawful excuse, refuses to produce him, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 836. Assisting in concealing person to avoid habeas corpus
Every person who knowingly assists in the violation of the preceding section is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 837. Intimidating laborers
Every person who, by use of force, threats or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or induces such hired person to relinquish his work or employment, or to return any work he has in hand, before it is finished, is guilty of a crime.
Every person who, by use of force, threats, or intimidation, prevents or endeavors to prevent any farmer or rancher from harvesting, handling, transporting or marketing any agricultural products, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 838. Intimidating employers
Every person who, by use of force, threats or intimidation, prevents or endeavors to prevent another from employing any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
RIGHT OF PRIVACY
§ 839.1. Right of privacy-Use of name or picture for advertising without consent-Crime
Any person, firm or corporation that uses for the purpose of advertising for the sale of any goods, wares or merchandise, or for the solicitation of patronage by any business enterprise, the name, portrait or picture of any person, without having obtained, prior or subsequent to such use, the consent of such person, or, if such person is a minor, the consent of a parent or guardian, and, if such person is deceased, without the consent of the surviving spouse, personal representatives, or that of a majority of the deceased's adult heirs, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 839.2. Right of action-Damages
Any person whose right of privacy, as created in 21 CNCA § 839.1, is violated or the surviving spouse, personal representatives or a majority of the adult heirs of a deceased person whose name, portrait, or picture is used in violation of 21 CNCA § 839.1, may maintain an action. Provided that this act shall not prevent the continued use of names of such persons by business establishments using such names and displaying such names at the effective date of this act.
LA 10-90, eff. November 13, 1990.
§ 839.3. Right of photographer to exhibit specimens of work-Other uses excepted
Nothing contained in this act shall be so construed as to prevent any person, firm or corporation, practicing the profession of photography, from exhibiting in or about his or its establishment specimens of the work of such establishment, unless the same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed; and nothing contained in this act shall be so construed as to prevent any person, firm or corporation from using the name, portrait or picture of any manufacturer or dealer in connection with the goods, wares and merchandise manufactured, produced or dealt in by him which he has sold or disposed of with such name, portrait or picture used in connection therewith; or from using the name, portrait or picture of any author, composer or artist in connection with his literary, musical or artistic productions which he has sold or disposed of with such name, portrait or picture used in connection therewith. Provided that this act shall not prevent the continued use of names of such persons by business establishments using such names and displaying such names at the effective date of this act.
LA 10-90, eff. November 13, 1990.
§ 841. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 842. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
CHILD ABUSE
§ 843. Abuse of children-Penalties
A. For the purposes of this section:
1. "Abuse" means harm or threatened harm to a child's health, safety or welfare by a person responsible for the child's health, safety or welfare, including sexual abuse and sexual exploitation.
2. "Child" means any unmarried person under the age of eighteen (18) years.
3. "Harm or threatened harm to a child's health or safety" includes, but is not limited to:
a. nonaccidental physical or mental injury;
b. sexual abuse;
c. sexual exploitation;
d. neglect;
e. failure or omission to provide protection from harm or threatened harm; or
f. abandonment.
4. "Neglect" means abandonment, or failure or omission to provide any of the following:
a. adequate food, clothing, shelter, medical care, or supervision; or
b. special care made necessary by the physical or mental condition of the child.
5. "Person responsible for a child's health, safety or welfare" includes a parent, a legal guardian, a custodian, a foster parent, a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child, an agent or employee of a public or private residential home, institution, facility or day treatment program, or an owner, operator, or employee of a child care facility.
6. "Sexual abuse" includes, but is not limited to, rape, incest and lewd or indecent acts or proposals made to a child, as defined by law, by a person responsible for the child's health, safety or welfare regardless of the age or consent of the child.
7. "Sexual exploitation" includes, but is not limited to, allowing, permitting, or encouraging a child to engage in prostitution, as defined by law, by a person responsible for the child's health, safety or welfare or allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic photographing, filming, or depicting of a child in those acts as defined by the law, by a person responsible for the child's health, safety or welfare.
B. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a crime, punishable pursuant to 21 CNCA § 10. As used in this subsection, "child abuse" means the willful or malicious abuse, as defined by paragraph 1 of subsection (A) of this section, of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another.
C. Any parent or other person who shall willfully or maliciously engage in enabling child abuse shall, upon conviction, be punished pursuant to 21 CNCA § 10. As used in this subsection, "enabling child abuse" means the causing, procuring or permitting of a willful or malicious act of child abuse, as defined by paragraph 1 of subsection (A) of this section, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse as proscribed by this subsection.
D. Any parent or other person who shall willfully or maliciously engage in child neglect shall, upon conviction, be punished pursuant to 21 CNCA § 10. As used in this subsection, "child neglect" means the willful or malicious neglect, as defined by paragraph 3 of subsection (A) of this section, of a child under eighteen (18) years of age by another.
E. Any parent or other person who shall willfully or maliciously engage in enabling child neglect shall, upon conviction, be punished pursuant to 21 CNCA § 10. As used in this subsection, "enabling child neglect" means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by paragraph 3 of subsection (A) of this section, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection.
F. Any parent or other person who shall willfully or maliciously engage in child sexual abuse shall, upon conviction, be punished pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment. As used in this section, "child sexual abuse" means the willful or malicious sexual abuse, as defined by paragraph 6 of subsection (A) of this section, of a child under eighteen (18) years of age by another.
G. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a child under twelve (12) years of age shall, upon conviction, be punished pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment.
H. Any parent or other person who shall willfully or maliciously engage in enabling child sexual abuse shall, upon conviction, be punished pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment. As used in this subsection, "enabling child sexual abuse" means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, as defined by paragraph 6 of subsection (A) of this section, of a child under the age of eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse as proscribed by this subsection.
I. Any parent or other person who shall willfully or maliciously engage in child sexual exploitation shall, upon conviction, be punished pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment. As used in this subsection, "child sexual exploitation" means the willful or malicious sexual exploitation, as defined by paragraph 7 of subsection (A) of this section, of a child under eighteen (18) years of age by another.
J. Any parent or other person who shall willfully or maliciously engage in sexual exploitation of a child under twelve (12) years of age shall, upon conviction, be punished pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment.
K. Any parent or other person who shall willfully or maliciously engage in enabling child sexual exploitation shall, upon conviction, be punished pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment. As used in this subsection, "enabling child sexual exploitation" means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, as defined by paragraph 7 of subsection (A) of this section, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.
L. Notwithstanding any other provision of law, any parent or other person convicted of rape or lewd molestation of a child under fourteen (14) years of age subsequent to a previous conviction, in any court of competent jurisdiction, for any offense of forcible anal or oral sodomy, rape, or lewd molestation of a child under fourteen (14) years of age shall be punished, punishable pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment.
M. Any person convicted of violating the provisions of subsections (F) through (L) of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
N. Consent shall not be a defense for any violation of this section.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 843.1. Caretaker-Abuse, neglect or financial exploitation of charge
A. No caretaker or other person as defined in 43A O.S. § 10-103 shall abuse, commit financial neglect of, commit neglect of, commit sexual abuse upon, or financially exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting or knowingly cause, secure, or permit any of said acts to be done.
B. Any person convicted of violating the provisions of this section shall be guilty of a crime punishable pursuant to 21 CNCA § 10, provided that when such conviction involves sexual abuse or sexual exploitation, such sentence must include a term of imprisonment.
C. Consent shall not be a defense for any violation of this section.
D. Any person convicted of violating the provisions of this section by committing sexual abuse or sexual exploitation shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
E. For purposes of this section and 21 CNCA §§ 843.2 through 843.4:
1. "Abuse" means causing or permitting:
a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish; or
b. the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult.
2. "Caretaker" shall be defined as a person who has:
a. the responsibility for the care of a vulnerable adult or the financial management of the resources of a vulnerable adult as a result of a family relationship;
b. assumed the responsibility for the care of a vulnerable adult voluntarily, by contract, or as a result of the ties of friendship; or
c. been appointed a guardian, limited guardian, or conservator.
3. "Exploitation" or "exploit" means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;
4. "Financial neglect" means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:
a. squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult;
b. refusing to pay for necessities or utilities in a timely manner; or
c. providing substandard care to a vulnerable adult despite the availability of adequate financial resources.
5. "Incapacitated person" means:
a. any person eighteen (18) years of age or older:
i. who is impaired by reason of mental or physical illness or disability, dementia or related disease, mental retardation, developmental disability or other cause; and
ii. whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that such person lacks the capacity to manage his or her financial resources or to meet essential requirements for his or her mental or physical health or safety without assistance from others; or
b. a person for whom a guardian, limited guardian, or conservator has been appointed.
6. "Indecent exposure" means forcing or requiring a vulnerable adult to:
a. look upon the body or private parts of another person or upon sexual acts performed in the presence of the vulnerable adult; or
b. touch or feel the body or private parts of another.
7. "Neglect" means:
a. the failure to provide protection for a vulnerable adult who is unable to protect his or her own interest; or
b. the failure to provide a vulnerable adult with adequate shelter, nutrition, health care, or clothing; or
c. negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services.
8. "Self-neglect" means the action or inaction of a vulnerable adult which causes that person to fail to meet the essential requirements for physical or mental health and safety due to the vulnerable adult's lack of awareness, incompetence or incapacity;
9. "Sexual abuse" means:
a. oral, anal, or vaginal penetration of a vulnerable adult by or through the union with the sexual organ of a caretaker or other person providing services to the vulnerable adult, or the anal or vaginal penetration of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult with any other object; or
b. for the purpose of sexual gratification, the touching, feeling or observation of the body or private parts of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult; or
c. indecent exposure by a caretaker or other person providing services to the vulnerable adult.
10. "Sexual exploitation" includes, but is not limited to, a caretaker's causing, allowing, permitting or encouraging a vulnerable adult to engage in prostitution or in the lewd, obscene, or pornographic photographing, filming or depiction of the vulnerable adult as those acts are defined by the Nation's laws.
11. "Verbal abuse" means the use of words, sounds, or other communication including, but not limited to, gestures, actions or behaviors, by a caretaker or other person providing services to a vulnerable adult that are likely to cause a reasonable person to experience humiliation, intimidation, fear, shame or degradation.
12. "Vulnerable adult" means an individual who is an incapacitated person or who, because of physical or mental disability, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse, verbal abuse, neglect, or exploitation without assistance from others.
F. Nothing in this section shall be construed to mean a vulnerable adult is abused or neglected for the sole reason the vulnerable adult, in good faith, selects and depends upon spiritual means alone, in accordance with the practices of a recognized religious method of healing, for the treatment or cure of disease or remedial care, or a caretaker or other person responsible, in good faith, is furnishing such vulnerable adult spiritual means alone, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care in accordance with the practices of or express consent of the vulnerable adult.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 843.2. Verbal abuse by caretaker
No caretaker shall verbally abuse any person entrusted to the care of the caretaker, or knowingly cause, secure, or permit an act of verbal abuse to be done. Any person convicted of violating the provisions of this section shall, upon conviction, be guilty of a crime punishable pursuant to 21 CNCA § 10.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 843.3. Abuse or exploitation of vulnerable adult by non-caretaker
A. Any person who engages in abuse, sexual abuse, or exploitation of a vulnerable adult, as defined in 21 CNCA § 843, shall be guilty of a crime punishable pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment when the offense involved sexual abuse or exploitation. Any person convicted of violating the provisions of this subsection by committing sexual abuse or exploitation shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
B. Any person who has a responsibility to care for a vulnerable adult who purposely, knowingly or recklessly neglects the vulnerable adult shall be guilty of a crime punishable pursuant to 21 CNCA § 10.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 843.4. Exploitation of elderly persons or disabled adults
A. As used in this section, "exploitation of an elderly person or disabled adult" means:
1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:
a. stands in a position of trust and confidence with the elderly person or disabled adult; or
b. has a business relationship with the elderly person or disabled adult.
2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.
B. Any person convicted of violating this section commits a crime punishable pursuant to 21 CNCA § 10.
C. For purposes of this section, "elderly person" means any person sixty-two (62) years of age or older.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 843.5. Criminal forfeiture
A. Property subject to criminal forfeiture.-A person who is convicted of an offense under §§ 843, 843.1, 843.3, or 843.4 of this title, or who is convicted of an offense under §§ 1021(B), 1021.2, or 1021.3 of this title, shall forfeit to the Nation all such person's interest in:
1. Any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
2. Any property, real or personal, and not otherwise addressed by 21 CNCA § 1040.54, used or intended to be used to commit or to promote the commission of such offense or any property traceable to such property.
B. The provisions of 22 CNCA § 991A-11 shall apply to the criminal forfeiture of property pursuant to subsection A.
LA 29-21, eff. June 18, 2021
§ 843.6. Civil forfeiture
Any property subject to forfeiture pursuant to § 843.5 of this title may be forfeited to the Nation in a civil case in accordance with the procedures set forth in 22 CNCA § 991A-11.
LA 29-21, eff. June 18, 2021
§ 844. Ordinary force as means of discipline not prohibited
Provided, however, that nothing contained in this act shall prohibit any parent, teacher or other person from using ordinary force as a means of discipline, including but not limited to spanking, switching or paddling.
LA 10-90, eff. November 13, 1990.
§ 845. Repealed by LA 20-08, eff. January 12, 2009
History
The repealed section related to a statement of child protection policy and definitions, and was derived from LA 10-90.
§ 846. Mandatory reporting of physical abuse or birth of chemically-dependent child-Investigations-Spiritual treatment exemption-Appointment of attorney for child
A. Every physician or surgeon, including doctors of medicine and dentistry, licensed osteopathic physicians, residents and interns, examining, attending or treating a child under the age of eighteen (18) years and every registered nurse examining, attending or treating such a child in the absence of a physician or surgeon, every teacher of any child under the age of eighteen (18) years, and every other person having reason to believe that a child under the age of eighteen (18) years has had physical injury or injuries inflicted upon him or her by other than accidental means where the injury appears to have been caused as a result of physical abuse or neglect, shall report the matter promptly to Cherokee Nation and the county office of the Department of Human Services in the county wherein the suspected injury occurred. Every physician or surgeon, including doctors of medicine, licensed osteopathic physicians, residents and interns, or any other health care professional attending the birth of a child who appears to be a child born in a condition of dependence on a controlled dangerous substance shall promptly report the matter to Cherokee Nation and the county office of the Department of Human Services in the county in which such birth occurred. Provided it shall be a crime for any person to knowingly and willfully fail to promptly report any incident as provided above. If the report is not made in writing in the first instance, it shall be reduced to writing by the maker thereof as soon as maybe after it is initially made by telephone or otherwise and shall contain the names and addresses of the child and his or her parents or other persons responsible for his or her care, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, the nature and extent of the child's dependence on a controlled dangerous substance and any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person or persons responsible therefor if such information or any part thereof is known to the person making the report.
Cherokee Nation and the county office receiving any report as herein provided shall investigate said report in accordance with priority guidelines established by Cherokee Nation and the Department of Human Services and if the county office finds evidence of abuse and neglect forward its findings to the prosecutor together with its recommendation as to disposition. In addition, a copy of the findings shall be sent to the Child Welfare Division of the Department of Human Services which shall be responsible for maintaining a permanent central registry, suitably cross-indexed, of all such reported findings. Any information contained in the central registry shall be available to any county office and to any prosecutor's office or public law enforcement agency investigating a report of suspected child abuse or neglect. The Department of Human Services may promulgate rules and regulations in furtherance of the provisions of this section.
All records concerning child abuse shall be confidential and shall be open to inspection only to persons duly authorized by the Nation, State of Oklahoma or United States in connection with the performance of their official duties. It shall be unlawful and a crime for the Commission, or any employee working under the direction of the Department of Human Services, any other public officer or employee, or any Court-Appointed Special Advocate to furnish or permit to be taken off of the records any information therein contained for commercial, political or any other unauthorized purpose.
No provision of this section shall be construed to mean that a child has been abused or neglected because said child's parent, guardian or custodian in good faith selects and depends upon spiritual means or prayer for the treatment or cure of disease or remedial care of such child.
B. In every case filed under 21 CNCA § 843, the Judge of the District Court shall appoint an attorney-at-law to appear for and represent a child who is the alleged subject of child abuse in such case if the prosecutor has a conflict of interest. The attorney may be allowed a reasonable fee for such services to be paid from the Court Fund to be fixed by the District Court. The attorney shall be given access to all reports relevant to the case and to any reports of examination of the child's parents or other custodian made pursuant to this section. The attorney shall be charged with the representation of the child's best interests. To that end, he shall make such further investigation that he deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses at the preliminary hearing and trial, make recommendations to the Court and participate further in the proceedings to the degree appropriate for adequately representing the child. A Court-Appointed Special Advocate as defined by 10 CNCA § 1109 may be appointed to represent a child who is the alleged subject of child abuse or neglect. The Court-Appointed Special Advocate shall be given access to all reports relevant to the case and to any reports of examination of the child's parents or other custodian made pursuant to this section.
LA 10-90, eff. November 13, 1990.
§ 846.1. Report of criminally inflicted injuries
Any physician, surgeon, osteopathic physician, resident, intern, physician's assistant, or registered nurse, examining, attending, or treating the victim of what appears to be criminally injurious conduct as defined by 21 CNCA § 142.3 shall report orally or by telephone the matter promptly to the nearest appropriate law enforcement agency wherein the criminally injurious conduct occurred.
LA 10-90, eff. November 13, 1990.
§ 847. Immunity from civil or criminal liability
Any person participating in good faith and exercising due care in the making of a report pursuant to the provisions of 21 CNCA § 846 or 21 CNCA § 846.1, or any person who, in good faith and exercising due care, allows access to a child by persons authorized to investigate a report concerning the child shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
LA 10-90, eff. November 13, 1990.
§ 848. Admissibility of evidence
In any proceeding resulting from a report made pursuant to the provisions of 21 CNCA § 846 or 21 CNCA § 846.1 or in any proceeding where such a report or any contents of the report are sought to be introduced into evidence, such report, contents, or other fact related thereto or to the condition of the child or victim who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure.
LA 10-90, eff. November 13, 1990.
EXPLOSIVES
§ 849. Wiring or equipping of vehicles or structures with explosives-Penalty
Every person who shall attach to, or place in or upon any motor vehicle or any vehicle designed or customarily used to transport a person or persons or any structure designed or customarily used for the occupancy of a person or persons, any explosive material, thing or device with the intent of causing bodily injury or death to any person shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
INTIMIDATION OR HARASSMENT
§ 850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability-Standardized reporting system
A. No person shall maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, national origin or disability:
1. Assault or batter another person;
2. Damage, destroy, vandalize or deface any real or personal property of another person; or
3. Threaten, by word or act, to do any act prohibited by paragraph 1 or 2 of this subsection if there is reasonable cause to believe that such act will occur.
B. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, make or transmit, cause or allow to be transmitted, any telephone or electronic message.
C. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material.
D. Any person convicted of violating any provision of subsections (A), (B) or (C) of this section shall be guilty of a crime on a first offense.
E. Cherokee Nation shall cooperate with the Oklahoma State Bureau of Investigation to develop a standard system for Nation, state and local law enforcement agencies to report incidents of crime which are apparently directed against members of racial, ethnic or religious groups to the Bureau within seventy-two (72) hours of the time such incidents are reported to such agencies.
F. No person, partnership, company or corporation that installs telephone or electronic message equipment shall be required to monitor the use of such equipment for possible violations of this section, nor shall such person, partnership, company or corporation be held criminally or civilly liable for the use by another person of the equipment in violation of this section, unless the person, partnership, company or corporation that installed the equipment had prior actual knowledge that the equipment was to be used in violation of this section.
LA 10-90, eff. November 13, 1990.
PART IV
CRIMES AGAINST PUBLIC DECENCY AND MORALITY
CHAPTER 31
ABANDONMENT AND NEGLECT OF WIFE OR CHILDREN
Section
851. Desertion of children under age of ten-Felony
852. Omission to provide for a child-Penalties
852.1. Child endangerment-Knowingly permitting physical or sexual abuse-Good faith reliance on spiritual healing-Penalties
853. Desertion of wife or child under 15 a felony
854. Proof of marriage-Wife as competent witness-Duty of prosecutor to prosecute
§ 851. Desertion of children under age of ten-Felony
Any parent of any child or children under the age of ten (10) years, and every person to whom such child or children have been confided for nurture or education, who deserts such child or children within Cherokee Nation, or takes such child or children out of Cherokee Nation, with the intent wholly to abandon it, shall be deemed guilty of afelony punishable by a term of imprisonment not to exceed three (3) years and a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or both.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 852. Omission to provide for a child-Penalties
A. Unless otherwise provided for by law, any parent, guardian, or person having custody or control of a child as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes who willfully omits, without lawful excuse, furnish necessary food, clothing, shelter, monetary child support, medical attendance, payment of court-ordered day care or payment of court-ordered medical insurance costs for such child which is imposed by law, upon conviction, is guilty of amisdemeanor. Any subsequent conviction pursuant to this section shall be a felony, punishable by imprisonment for not more than three (3) years or by the imposition of a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. As used in this section, the "duty to furnish medical attendance" shall mean that the parent or person having custody or control of a child must furnish medical treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide; such parent or person having custody or control of a child is not criminally liable for failure to furnish medical attendance for every minor or trivial complaint with which the child may be afflicted.
B. Any person who leaves the Nation to avoid providing necessary food, clothing, shelter, court-ordered monetary child support, or medical attendance for such child, upon conviction,shall be guilty of a felony punishable by imprisonment for not more than three (3) years or by the imposition of a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
C. Nothing in this section shall be construed to mean a child is endangered for the sole reason the parent, guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child; provided, that medical care shall be provided where permanent physical damage could result to such child; and that the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated.
D. Nothing contained in this section shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the health or welfare of the child.
E.
Psychiatric and psychological testing and counseling are exempt from the provisions of this section.
F. .It is the duty of any parent having legal custody of a child who is an alcohol-dependent person or a drug-dependent person, as such terms are defined by Section 3-403 of Title 43A of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT43AS3-403&originatingDoc=N8771E210C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, to provide for the treatment, as such term is defined by Section 3-403 of Title 43A of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT43AS3-403&originatingDoc=N8771E210C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, of such child. Any parent having legal custody of a child who is an alcohol-dependent person or a drug-dependent person who without having made a reasonable effort fails or willfully omits to provide for the treatment of such child shall be guilty of amisdemeanor. For the purpose of this subsection, the "duty to provide for such treatment" shall mean that the parent having legal custody of a child must provide for the treatment in such manner and on such occasions as an ordinarily prudent person, solicitous for the welfare of a child, would provide.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 852.1. Child endangerment-Knowingly permitting physical or sexual abuse-Good faith reliance on spiritual healing-Penalties
A. In this section "abandon" means to leave a child in any place without providing reasonable and necessary care for the child under circumstance sunder which no reasonable similarly situated adult would leave a child of that age and ability.
B. A person commits a crime if, having custody, care or control of a child younger than fifteen (15) years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.
C. A person commits a crime if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than fifteen (15) years in imminent danger of death, bodily injury or physical or mental impairment.
D. A person who is the parent, guardian, or person having custody or control over a child as defined in 10 CNCA § 1101, commits the crime of child endangerment when the person knowingly permits physical or sexual abuse of a child or who knowingly permits a child to be present at a location when a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in 21 CNCA § 2101. However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to stop the abuse would result in substantial bodily harm to the person or the child.
E. The provision of this action shall not apply to any parent, guardian or other person having custody or control of a child for the sole reason that the parent, guardian or other person in good faith selects and depends upon spiritual means or prayer for the treatment or cure of disease or remedial care for such child. This subsection shall in no way limit or modify the protections afforded said child in 21 CNCA § 852 or 10 CNCA § 1130.
LA 10-90, eff. November 13, 1990. Amended LA 10-06, eff. June 16, 2006.
§ 853. Desertion of wife or child under 15 a felony
Every person who shall without good cause abandon his wife in destitute or necessitous circumstances and neglect and refuse to maintain or provide for her, or who shall abandon his or her minor child or children under the age of fifteen (15) years and willfully neglect or refuse to maintain or provide for such child or children, shall be deemed guilty of afelony punishable by a term of imprisonment not to exceed three (3) years and a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or both.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 854. Proof of marriage-Wife as competent witness-Duty of prosecutor to prosecute
No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children than is or shall be required to prove such fact in a civil action, and such wife shall be a competent witness to testify in any case brought under this chapter, and to any and all matters relevant thereto, including the fact of such marriage and the parentage of such child or children. It shall be the mandatory duty of each prosecutor of this Nation to diligently prosecute all persons violating any of the provisions of this chapter, and in all cases where the evidence is deemed sufficient to justify a prosecution for such violation, any prosecutor who shall willfully fail, neglect or refuse to institute criminal proceedings to enforce such provisions, shall be subject to removal from office.
LA 10-90, eff. November 13, 1990.
CHAPTER 31A
CONTRIBUTING TO DELINQUENCY OF MINORS
Section
856. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang
856.1. Causing, aiding, abetting or encouraging minor to participate in certain drug-related crimes
856.2. Harboring endangered runaway child
856.3. Gang related offenses--Condition of membership
857. Definitions
858.1. Causing, aiding, abetting or encouraging minor to be in need of supervision or dependent or neglected-Punishment-Second or subsequent conviction
858.2. Neglect of minor adjudicated delinquent, in need of supervision or dependent and neglected and placed in parents' or others' care
858.3. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected-Penalty
LA 10-90, eff. November 13, 1990.
§ 856. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang
A. 1. Except as otherwise specifically provided by law, every person who shall knowingly or willfully cause, aid, abet or encourage a minor to be, to remain, or to become a delinquent child or a runaway child, upon conviction, shall.for the first offense, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
2. For purposes of prosecution under this subsection, a “runaway child” means an unemancipated minor who is voluntarily absent from the home without a compelling reason, without the consent of a custodial parent or other custodial adult and without the parent or other custodial adult’s knowledge as to the child’s whereabouts. “Compelling reason” means imminent danger from incest, a life-threatening situation, or equally traumatizing circumstance. A person aiding a child based upon a reasonable belief that the child is in physical, mental or emotional danger and with notice to the appropriate authority of the location of the child within twelve (12) hours of aiding the child shall not be subject to prosecution under this section.
B. Every person convicted of a second or any subsequent violation of this section shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
.
C. Every person eighteen (18) years of age or older who shall knowingly or willfully cause, aid, abet or encourage a minor to commit or participate in committing an act that would be a felony if committed by an adult shall, upon conviction, be guilty of a felony punishable by the maximum penalty allowed for conviction of the offense or offenses which the person caused, aided, abetted or encouraged the minor to commit or participate in committing.
D. Every person who shall knowingly or willfully cause, aid, abet, encourage, solicit, or recruit a minor to participate, join, or associate with any criminal street gang, as defined by subsection F of this section, or any gang member for the purpose of committing any criminal act shall, upon conviction, be guilty of a felony punishable by imprisonment for a term of not more than three (3) years, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
E. Every person convicted of a second or subsequent violation of subsection D of this section shall be guilty of a felony punishable by imprisonment for a term not more than three (3) years nor more than ten (10) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
F. “Criminal street gang” means any ongoing organization, association, or group of five or more persons that specifically either promotes, sponsors, or assists in, or participates in, and requires as a condition of membership or continued membership, the commission of one or more of the following criminal acts:
1. Assault, battery, or assault and battery with a deadly weapon, as defined in Section 645 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S645&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
2. Aggravated assault and battery as defined by Section 646 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S646&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
3. Robbery by force or fear, as defined in Sections 791 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S791&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> through 797 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S797&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
4. Robbery or attempted robbery with a dangerous weapon or imitation firearm, as defined by Section 801 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S801&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
5. Unlawful homicide or manslaughter, as defined in Sections 691 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S691&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> through 722 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S722&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
6. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled dangerous substances, as defined in Section 2-101 et seq. <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT63S2-101&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> ;
7. Trafficking in illegal drugs, as provided for in the Trafficking in Illegal Drugs Act, Section 2-414 et seq.;
8. Arson, as defined in Sections 1401 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1401&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> through 1403 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1403&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
9. The influence or intimidation of witnesses and jurors, as defined in Sections 388 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S388&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, 455 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S455&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> and 545 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S545&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
10. Theft of any vehicle, as described in Section 1720 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1720&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
11. Rape, as defined in Section 1111 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1111&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
12. Extortion, as defined in Section 1481 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1481&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
13. Transporting a loaded firearm in a motor vehicle, in violation of Section 1289.13 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1289.13&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
14. Possession of a concealed weapon, as defined by Section 1289.8 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1289.8&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
15. Shooting or discharging a firearm, as defined by Section 652 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S652&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
16. Soliciting, inducing or enticing another to commit an act of prostitution, as defined by Section 1030 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1030&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title;
17. Human trafficking, as defined by Section 748 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S748&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title; or
18. Possession of a firearm after former conviction of a felony, as defined by Section 1283 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1283&originatingDoc=NF35E9120C4B011E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 856.1. Causing, aiding, abetting or encouraging minor to participate in certain drug-related crimes
Every person who shall knowingly, intentionally or willfully cause, aid, abet or encourage a minor child to:
1. Distribute, dispense, possess or manufacture a controlled dangerous substance, as provided in the Uniform Controlled Dangerous Substances Act, 21 CNCA § 2101 et seq.;
2. Create, distribute, or possess a counterfeit controlled dangerous substance, as defined by 21 CNCA § 2101;
3. Distribute any imitation controlled substance as defined by 21 CNCA § 2101;
4. Conspire or participate in any scheme, plan or act for the purposes of avoiding, eluding or evading arrest or detection by law enforcement authorities for crimes involving controlled substances as defined by 21 CNCA § 2101; or
5. Violate any penal provisions of the Uniform Controlled Dangerous Substances Act, 21 CNCA § 2101 et seq.;
shall be guilty of a shall be guilty of a felony punishable by imprisonment not to exceed three (3) years and a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or both.
.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 856.2. Harboring endangered runaway child
It shall be unlawful for any person to knowingly and willfully harbor an endangered runaway child. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Every person convicted of a second or any subsequent violation shall, upon conviction, be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment not exceeding three (3) years, or by both such fine and imprisonment. For purposes of this section, an “endangered runaway child” means an unemancipated minor who is voluntarily absent from the home for seventy-two (72) hours or more without a compelling reason and without the consent of a custodial parent or other custodial adult or an unemancipated minor who is voluntarily absent from the home without a compelling reason and without the consent of a custodial parent or other custodial adult and the child needs medication or other special services. For purposes of this section, “compelling reason” shall be defined as provided in Section 856 of Title 21 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S856&originatingDoc=N8AB06B40C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>.
LA 07-21, eff. February 22, 2021.
§ 856.3. Gang related offenses--Condition of membership
Any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang or while in association with any criminal street gang or gang member shall be guilty of a felony offense. For purposes of this section, “criminal street gang” is defined subsection F of Section 856 of this chapter and “gang-related offense” means those offenses enumerated in paragraphs 1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S856&originatingDoc=NB0846380B9AA11E08E6ADC2C854ACF59&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> through 16 of subsection F of Section 856 of this chapter.
LA 07-21, eff. February 22, 2021
§ 857. Definitions
1. "Delinquent child," as used in 21 CNCA § 856, 21 CNCA § 857, 21 CNCA § 858.1 and 21 CNCA § 858.2, shall include a minor, as herein defined, who shall have been or is violating any penal statute of this Nation, or who shall have been or is committing any one or more of the following acts, to wit:
a. Associating with thieves, vicious or immoral persons;
b. Frequenting a house of ill repute;
c. Frequenting any policy shop, or place where any gambling device is operated;
d. Frequenting any saloon, dram shop, still, or any place where intoxicating liquors are manufactured, stored or sold;
e. Possession, carrying, owning or exposing any vile, obscene, indecent, immoral or lascivious photograph, drawing, picture, book, paper, pamphlet, image, device, instrument, figure or object;
f. Willfully, lewdly or lasciviously exposing his or her person, or private parts thereof, in any place, public or private, in such manner as to be offensive to decency, or calculated to excite vicious or lewd thoughts, or for the purpose of engaging in the preparation or manufacture of obscene, indecent or lascivious photographs, pictures, figures or objects;
g. Possessing, transporting, selling, or engaging or aiding or assisting in the sale, transportation or manufacture of intoxicating liquor, or the frequent use of same;
h. Being a runaway from his or her parent or legal guardian;
i. Violating any penal provision of the Uniform Controlled Dangerous Substances Act, 21 CNCA § 2101 et seq.
2. "Encourage," as used in 21 CNCA § 856, 21 CNCA § 857, 21 CNCA § 858.1 and 21 CNCA § 858.2, in addition to the usual meaning of the word, shall include a willful and intentional neglect to do that which will directly tend to prevent such act or acts of delinquency on the part of such minor, when the person accused shall have been able to do so.
3. "Every person," as used in 21 CNCA § 856, 21 CNCA § 856.1, 21 CNCA § 857, 21 CNCA § 858.1 and 21 CNCA § 858.2, shall include human beings, without regard to their legal or natural relationship to such minor, as well as legal or corporate entities.
4. "Minor" or "child," as used in 21 CNCA § 856, 21 CNCA § 857, 21 CNCA § 858.1 and 21 CNCA § 858.2, shall include male or female persons who shall not have arrived at the age of eighteen (18) years at the time of the commission of the offense.
LA 10-90, eff. November 13, 1990.
§ 858.1. Causing, aiding, abetting or encouraging minor to be in need of supervision or dependent or neglected-Punishment-Second or subsequent conviction
A. Any parent or other person who knowingly and willfully:
1. causes, aids, abets or encourages any minor to be in need of supervision, ordeprived; or
2. shall by any act or omission to act have caused, encouraged or contributed to the deprivation, or the need of supervision of the minor, or to such minor becoming deprived, or in need of supervision; shall be deemed guilty of a shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined a sum not to exceed Five Hundred Dollars ($500.00), or imprisonment for a period not to exceed one (1) year, or by both such fine and imprisonment.
B. Upon a second or succeeding conviction for a violation of this section, the defendant shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned for a term not to exceed one (1) year, or punished by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 858.2. Neglect of minor adjudicated delinquent, in need of supervision or deprived
In all cases where a minor has been adjudged delinquent, in need of supervision or deprived by a court of competent jurisdiction and such court by order for care or probation, has placed such minor in the care or on probation to the parent, legal guardian, legal custodian of such minor, stepparent or other adult person living in the home, any parent, legal guardian or legal custodian of such minor who shall neglect, fail or refuse to give such minor proper parental care, or to comply with the order for care or probation shall be deemed guilty of a misdemeanor and upon conviction thereof shall, as applicable, be punished as provided in Section 856 or 858.1 of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 858.3. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected--Penalty
Any person who knowingly and willfully:
1. Causes, aids, abets or encourages a minor to be, to remain or to become delinquent, in need of supervision or deprived, or
2. Omits the performance of any duty, which act or omission causes or tends to cause, aid, abet, or encourage any minor to be delinquent, in need of supervision or deprived, within the purview of the laws of this Nation, upon conviction, shall be guilty of a misdemeanor and, as applicable, shall be punished pursuant to the provisions of Section 856 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S856&originatingDoc=N8BA7EAA0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, 858.1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S858.1&originatingDoc=N8BA7EAA0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> or 858.2 of this title.
LA 07-21, eff. February 22, 2021.
CHAPTER 32
CONCEALING DEATH OF CHILDREN
Section
863. Concealing stillbirth or death of child
864. Reserved
§ 863. Concealing stillbirth or death of child
Every person who endeavors either by themselves or by the aid of others to conceal the stillbirth of an issue of a woman's body, or the death of anysuch issue under the age of two (2) years, is guilty of a misdemeanor punishable by imprisonment for a term not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 864. Reserved
CHAPTER 32A
TRAFFICKING IN CHILDREN
Section
865. Definitions
866. Elements of offense
867. Punishment
868. Partial invalidity
869. Construction of act
870. Reporting Requirements
§ 865. Definitions
As used in 21 CNCA § 866, 21 CNCA § 867, 21 CNCA § 868, and 21 CNCA § 869, the terms hereinafter enumerated shall have the following meanings:
1. “Advertising” or “Advertisement” means any communication that originates within this state by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television or any communication that is disseminated through the use of a computer or related electronic device including, but not limited to, electronic mail, websites, weblogs, search engines, banner messages, pop-up messages, chat rooms, list servers, instant messaging or other Internet presences, and any attachments or links related thereto;
2. "Child" means an unmarried or unemancipated person under the age of eighteen (18) years.
3. "Child-placing agency" means any child welfare agency licensed by any government and authorized to place minors for adoption.
4. "Birth parent" means a parent of a child being placed for adoption and includes, but is not limited to, a woman who is pregnant or who presents herself as pregnant and who is offering to place her child, born or unborn, for adoption.
5.“Person” means any natural person, corporation, association, organization, institution or partnership;
6. "Department" means the Cherokee Nation Department of Children, Youth and Family Services.
7."Foster home" means a home or other place, other than the home of a parent, relative within the fourth degree, or guardian of the child concerned, wherein a child is received for permanent care, custody and maintenance.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 866. Elements of offense
A. 1. The crime of trafficking in children is defined to consist of any of the following acts or any part thereof:
a. the acceptance, solicitation, offer, payment or transfer of any compensation, in money, property or other thing of value, at any time, by any person in connection with the acquisition or transfer of the legal or physical custody or adoption of a minor child except as otherwise provided by the Cherokee Nation Adoption Code, 10 CNCA § 55 et seq.;
b. the acceptance or solicitation of any compensation, in money, property or other thing of value, by any person or organization for services performed, rendered or purported to be performed to facilitate or assist in the adoption or foster care placement of a minor child, except by the Cherokee Nation Department of Children, Youth and Family Services or an agency licensed thereby, or an attorney authorized to practice law in Cherokee Nation. The provisions of this paragraph shall not prohibit an attorney licensed to practice law outside of Cherokee Nation or a non-Cherokee Nation child-placing agency from receiving compensation when working with an attorney licensed in Cherokee Nation who is, or when working with a child-placing agency licensed in Cherokee Nation which is, providing adoption services or other services necessary for placing a child in an adoptive arrangement.
c. the solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for the purpose of an adoption by the birth parent of the child who at the time of the solicitation or receipt had no intent to consent to eventual adoption;
d. the payment of a recognized hospital or a physician qualified under the laws of Cherokee Nation which renders competent and needed hospital and medical care to an expectant mother or reasonable domiciliary care to a mother and child when such hospital and medical care have been approved by the Judge of the District Court shall not be considered as compensation for the adoption of the child or in any sense of the words be referred to as "trafficking in children"; nor shall the charge of a reasonable attorney's fee for services rendered in adoption or custody proceedings, approved by the Court, be considered as trafficking in children; nor shall the fees charged by a licensed child placing agency approved by the Court, for services rendered in the care of any child or its parent, the investigation and counseling services to and on behalf of the child, its parents and prospective adoptive home, be considered as trafficking in children; provided, however, that all such procedure relating to the care of an expectant unwed mother and her child and the adoption procedure therein comprised, or any other adoption, shall remain confidential in its nature, as otherwise provided by law;
e. offering to place, or advertising to place, a child for adoption or for care in a foster home, by any person, as an inducement to any woman to enter an institution or home or other place for maternity care or for the delivery of a child;
f. bringing or causing to be brought into this Nation or sending or causing to be sent outside this Nation any child for the purpose of placing such child in a foster home or for the adoption thereof without first obtaining the consent of the Department of Children, Youth and Family Services. Provided, however, that this provision shall have no application to the parent or guardian of the child nor to a person bringing said child into this Nation for the purpose of adopting the child into such person's same into his own family;
g. acceptance of or the offering or payment of any compensation, in money, property or other thing of value, by any person, in connection with the acquisition or transfer of the legal or physical custody of a child, except as ordered by the Court or except as otherwise provided by law;
h. the solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a woman who knows she is not pregnant but who holds herself out to be pregnant and offers to place a child upon birth for adoption;
i. the receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a birth parent who receives, from one or more parties, an aggregate amount of One Thousand Dollars ($1,000.00) or more in total value without first disclosing to each prospective adoptive parent, child-placing agency, or attorney the receipt of these expenses;
j. advertising of services for compensation to assist with or effect the placement of a child for adoption or for care in a foster home by any person or organization except by the Department of Children, Youth and Family Services, or a child-placing agency licensed thereby. Nothing in this paragraph shall prohibit an attorney authorized to practice law in Cherokee Nation from the advertisement of legal services related to the adoption of children; and
k. Advertising for and solicitation of a woman who is pregnant to induce he to place her child upon birth for adoption, except by the Department of Children, Youth and Family Services or an attorney authorized to practice law in Cherokee Nation.
2.a. Except as otherwise provided by this subsection, the violation of any of the subparagraphs in paragraph 1 of this subsection shall constitute a felony punishable by imprisonment for a term not to exceed three (3) years or a fine of up to Ten Thousand Dollars ($10,000.00) per violation or by both such fine and imprisonment.
b. Prospective adoptive parents who violate subparagraph a of paragraph 1 of this subsection, upon conviction thereof, shall be guilty of a misdemeanor and may be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) per violation.
B. 1. No person shall knowingly publish for circulation within the borders of Cherokee Nation an advertisement of any kind in any print, broadcast or electronic medium, including, but not limited to, newspapers, magazines, telephone directories, handbills, radio or television, which violates subparagraph j or k of paragraph 1 of subsection (A) of this section.
2. Any person violating the provisions of this subsection shall, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) per violation.
C. The payment or acceptance of costs and expenses listed in the Cherokee Nation Adoption Code shall not be a violation of this section as long as the petitioner or birth parent has complied with the applicable procedure specified therein, and such costs and expenses are approved by the Court.
D. Any person knowingly failing to file an affidavit of all adoption costs and expenses before the final decree of adoption as required by the Cherokee Nation Adoption Code shall be guilty of a misdemeanor and punished by a fine not to exceed Five Thousand Dollars ($5,000.00) per violation.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 867. Punishment
A. The offense of trafficking in children by any person shall be a felony punishable by imprisonment for a term not to exceed three (3) years or by a fine not to exceed Fifteen Thousand Dollars, or by both such fine and imprisonment.
B. Conviction of the crime of trafficking in children, subsequent to a prior conviction for such offense in any form, shall be guilty of a crime punishable pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment. No suspension of judgment or sentence shall be permitted.
C. Any person convicted of the offense of trafficking in children shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 868. Partial invalidity
If any provision or section of this act or the application thereof to any person, corporation, organization, association, partnership, or institution shall be held to be invalid or unconstitutional, the remainder of the act and the application of such provision or section to any other person, organization, association, institution, corporation or partnership shall not be affected thereby.
LA 10-90, eff. November 13, 1990.
§ 869. Construction of act
Except as otherwise set forth or except in case of conflict between the provisions hereof and other law, the provisions of this act shall be cumulative to existing law.
LA 10-90, eff. November 13, 1990.
§ 870. Reporting requirements
A. Every person having reason to believe that a person or child-placing agency is engaging in the crime of trafficking in children as described in Section 866 of this title shall report the matter promptly to the Cherokee Nation Marshal Service. The Marshal Service shall notify the Office of the Attorney General no later than seven (7) days after receiving a report.
1. No privilege or contract shall relieve any person from the reporting requirements in this subsection.
2. The reporting requirements in this subsection are individual, and no employer, supervisor or administrator shall interfere with the reporting requirement of any employee or other person or in any manner discriminate or retaliate against the employee or other person who in good faith reports suspected trafficking in children, or who provides testimony in any proceeding involving trafficking in children. Any employer, supervisor or administrator who discharges, discriminates or retaliates against the employee or other person shall be liable for damages, costs and attorney fees.
B. Any person who knowingly and willfully fails to promptly report suspected trafficking in children or who interferes with the prompt reporting of trafficking in children and who is licensed by a state entity shall be reported to the licensing entity and may be subject to discipline, including license revocation or suspension.
LA 07-21, eff. February 22, 2021
CHAPTER 34
BIGAMY, INCEST AND SODOMY
Section
881. Bigamy defined
882. Exceptions to the rule of bigamy
883. Bigamy a felony
884. Person marrying bigamist
885. Incest
886. Crime against nature
887. Crime against nature, what penetration necessary
888. Forcible sodomy
§ 881. Bigamy defined
Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.
LA 10-90, eff. November 13, 1990.
§ 882. Exceptions to the rule of bigamy
The last preceding section does not extend:
1. To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor
2. To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor
3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor
4. To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.
LA 10-90, eff. November 13, 1990.
§ 883. Punishment of bigamy
Any person guilty of bigamy is guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by a fine of an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment..
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 884. Person marrying bigamist
Any person who knowingly marries the husband or wife of another, in any case in which such husband or wife would be punishable according to the foregoing provisions, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 885. Incest-Penalty
Persons who, being within the degrees of consanguinity within which marriages are by the laws of the Nation declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be quilty of a felony punishable by imprisonment for a term not to exceed three (3) years or a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-21, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 886. Crime against nature
Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment for a term for a term not to exceed three (3) years or a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-21, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 887. Crime against nature, what penetration necessary
Any sexual penetration, however slight, is sufficient to complete the crime against nature.
LA 10-90, eff. November 13, 1990.
§ 888. Forcible sodomy
A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S886&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, upon conviction, is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a period of not more than twenty (20) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT22S991A&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. Any person convicted of a third or subsequent violation of this section, where the victim of the third or subsequent offense is a person under sixteen (16) years of age, shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1114&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, a violation of Section 1123 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1123&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title or sexual abuse of a child pursuant to Section 843.5 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S843.5&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, or of any attempt to commit any of these offenses or any combination of the offenses, shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.
B. The crime of forcible sodomy shall include:
1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age;
2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;
3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime;
4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision of this state;
5. Sodomy committed upon a person who is at least sixteen (16) years of age but less than twenty (20) years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is eighteen (18) years of age or older and is employed by the same school system;
6. Sodomy committed upon a person who is at the time unconscious of the nature of the act, and this fact should be known to the accused;
7. Sodomy committed upon a person where the person is intoxicated by a narcotic or anesthetic agent administered by or with the privity of the accused as a means of forcing the person to submit; or
8. Sodomy committed upon a person who is at least sixteen (16) years of age but less than eighteen (18) years of age by a person responsible for the child’s health, safety or welfare. “Person responsible for a child’s health, safety or welfare” shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom the child’s parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT10S175.20&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, or
h. an owner, operator or employee of a child care facility, as defined by Section 402 of Title 10 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT10S402&originatingDoc=N4CF04200B4BE11E88D32F3D9C0291EFB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>.
LA 07-21, eff. February 22, 2021
CHAPTER 35
CHILD STEALING
Section
891. Child stealing-Penalty
§ 891. Child stealing-Penalty
Whoever maliciously, forcibly or fraudulently takes or entices away any child under the age of sixteen (16) years, with intent to detain or conceal such child from its parent, guardian or other person having the lawful charge of such child or to transport such child from the jurisdiction of Cherokee Nation or the United States without the consent of the person having lawful charge of such child shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), provided that such sentence must include a term of imprisonment. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
CHAPTER 36
CRIMES AGAINST RELIGION AND CONSCIENCE
Section
913. Compelling form of belief
914. Preventing religious act
915. Disturbing religious meeting
916. Definition of disturbance
§ 913. Compelling form of belief
Any willful attempt by means of threats or violence to compel any person to adopt, practice or profess any particular form of religious belief, is a
misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 914. Preventing religious act
Every person who willfully prevents, by threats or violence, another person from performing any lawful act enjoined upon or recommended to such person by the religion which he professes, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 915. Disturbing religious meeting
Every person who willfully disturbs, interrupts or disquiets any assemblage of people met for religious worship, by any of the acts or things hereinafter enumerated, is guilty of amisdemeanor.
§916. Definition of disturbance
The following are the acts deemed to constitute disturbance of a religious meeting:
1. Uttering any profane discourse, committing any rude or indecent act, or making any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting.
2. Exhibiting, within one (1) mile, any shows or plays without a license by the proper authority.
3. Engaging in, or aiding or promoting within the like distance, any racing of animals or gaming of any description.
4. Obstructing in any manner, without authority of law, within the like distance, the free passage along any highway to the place of such meeting.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
CHAPTER 38
GAMBLING
GENERAL PROVISIONS
Section
940. Defined Term.
941. Opening, conducting or carrying on gambling game-Dealing for those engaged in game
942. Betting on or playing prohibited game-Punishment
943. Gambling paraphernalia-Disposition
944. Slot machines-Setting up, operating or conducting-Punishment
945. Use of real estate or buildings for gambling purposes-Punishment
946. Illegal use of building or vessel-Nuisance-Penalty
952. Persons jointly charged-Severance
953. Accomplice testimony-Force of same
956. Permitting gambling in building or on grounds
957. Leasing for gambling purposes
959. Witnesses failing to testify
960. Seizure of apparatus and property and delivery to magistrate
961. Testimony, no person excused from giving
SLOT MACHINES AND PUNCH BOARDS
964. "Slot machine" defined
965. "Thing of value" defined
966. "Punch board" defined
967. Words in singular and plural
969. Possession, sale, or lease of slot machines or punch boards prohibited
971. Punch board-Acts prohibited-Punishment
GAMBLING AND COMMERCIAL GAMBLING ACTIVITIES
981. Definitions
982. Commercial gambling
983. Permitting premises to be used for commercial gambling
985. Possession of a gambling device
987. Dissemination of gambling information
988. Conspiracy
BETTING, ETC., ON RACES
991. Betting or letting premises for betting on races
993. Evidence for prosecution-Accomplices-Immunity for witnesses
BINGO
995.2. Definitions
995.11. Intoxicating and nonintoxicating beverages prohibited
995.12. License required
995.13. Minors
995.15. Penalties
995.18. Severability
996. Operation of Gambling Establishments - Nusiance - Penalty
997. Bingo and regulated gaming and activities not prohibited
GENERAL PROVISIONS
§ 940. Defined Term.
A. In General.- Subject to subsection (b), in this Chapter 38, the term "person" means any individual, natural person, company, limited liability company, corporation, joint venture, business trust, organization, partnership, association, club, firm, estate, or any other body corporate or politic or group acting as a unit, or any other entity to which this Chapter 38 can be applied, including any Indian tribe (including an office, agency, authority, or instrumentality of an Indian tribe), or the officer, manager, lessee, agent, servant, partner, member, director, or employee of any of them, including an executor, administrator, trustee, receiver, or other representative appointed according to law.
B. Limitation.-Notwithstanding subsection (a), in this Chapter 38, the term “person” does not include-
1. the Cherokee Nation or any entity wholly owned by the Cherokee Nation engaging in activities regulated or operated by the Cherokee Nation pursuant to Title 4 of this Code; or
2. any natural person who, while acting pursuant to and within the scope of such person’s employment or official duties as an employee or officer of the Cherokee Nation or an entity wholly owned by Cherokee Nation , is engaging in activities regulated or operated by the Cherokee Nation under Title 4 of the Code.
LA 07-21, eff. February 22, 2021
§ 941. Opening, conducting or carrying on gambling game-Dealing for those engaged in game
Every person who opens, or causes to be opened, or who conducts, whether for hire or not, or carries on either poker, roulette, craps or any banking or percentage, or any gambling game played with dice, cards or any device, for money, checks, credits, or any representatives of value, or who either as owner or employee, whether for hire or not, deals for those engaged in any such game, upon conviction thereof, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 942. Betting on or playing prohibited game-Punishment
Any person who bets or plays at any of said prohibited games, or who shall bet or play at any game whatsoever, for money, property, checks, credits or other representatives of value with cards, dice or any other device which may be adapted to or used in playing any game of chance or in which chance is a material element, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 943. Gambling paraphernalia-Disposition
The magistrate to whom anything suitable to be used for gambling purposes, including any vehicle or water vessel, including ships, boats, ferries, or any other type of vehicle capable of navigating waterways, or furniture or equipment used in a place conducted in violation of this act is delivered, as provided by law shall, upon the examination of the accused, or if such examination is delayed or prevented, without awaiting such examination, determine the character of the thing so delivered to him and whether it was actually intended or employed by the accused or others in violation of the provisions of this chapter; and if he finds that it is of a character suitable to be used for gambling purposes, and that it was actually employed or intended to be used by the accused or others in violation of the provisions of this article, he shall so find and cause the same to be delivered to the marshal to await the order of the District Court. Provided, that any of the furniture or equipment susceptible of legitimate use, may be sold under the procedures enumerated in 21 CNCA § 1738(C)(1), and the proceeds thereof placed in the Court Fund of the Nation, and that any money so found by the officers shall be placed in the Court Fund of the Nation.
LA 10-90, eff. November 13, 1990. Amended LA 40-02, eff. November 27, 2002.
§ 944. Slot machines-Setting up, operating or conducting-Punishment
Any person who sets up, operates or conducts, or who permits to be set up, operated or conducted in or about his place of business, whether as owner, employee or agent, any slot machine for the purpose of having or allowing the same to be placed by others for money, property, checks, credits or any representative of value shall be deemed guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 945. Use of real estate or buildings for gambling purposes-Punishment
It shall be unlawful for the owner or owners of any real estate buildings, structure or room to use, rent, lease or permit, knowingly, the same to be used for the purposes of violating 21 CNCA § 941. Any person who shall violate the provisions of this section shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 946. Illegal use of building or vessel-Nuisance-Penalty
Any house, room, vehicle or water vessel, including ships, boats, ferries, or any other type of vehicle capable of navigating waterways, or place where any of the games prohibited by 21 CNCA § 941 are opened, conducted or carried on, or where persons congregate to play at any such game is a public nuisance and the keepers and managers of any such nuisance, and persons aiding or assisting any such keepers or managers in keeping or managing any such nuisance shall be guilty of a crime.
LA 10-90, eff. November 13, 1990. Amended LA 42-02, eff. November 27, 2002.
§ 952. Persons jointly charged-Severance
Persons jointly charged with the violation of any of the provisions of this act shall be tried together, provided the Court for good cause shown may grant a severance.
LA 10-90, eff. November 13, 1990.
§ 953. Accomplice testimony-Force of same
Any person charged with a violation of any of the provisions of this chapter may be convicted on the uncorroborated testimony of an accomplice, and the judgment thereon shall not be set aside or reversed by reason of the fact that such conviction was based on the testimony of an accomplice.
LA 10-90, eff. November 13, 1990.
§ 956. Permitting gambling in building or on grounds
Every person who shall permit any gaming table, bank, or gaming device prohibited by this chapter, to be set up or used for the purpose of gambling in any house, building, shed, shelter, booth, lot or other premises to him belonging, or by him occupied, or of which he has, at the time, possession or control, shall be, on conviction thereof, adjudged guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 957. Leasing for gambling purposes
Every person who shall knowingly lease or rent to another any house, building or premises for the purpose of setting up or keeping therein, any of the gambling devices prohibited by the preceding provisions of this chapter, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 959. Witnesses failing to testify
Every person duly summoned as a witness for the prosecution or defense on any proceedings ordered under this chapter, who neglects or refuses to attend and testify as required, is guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 960. Seizure of apparatus and property and delivery to magistrate
Every person who is authorized or enjoined to arrest any person for a violation of the provisions of this chapter, is equally authorized and enjoined to seize any vehicle or water vessel, including ships, boats, ferries, or any other type of vehicle capable of navigating waterways, which have been used for illegal gambling and any table, cards, dice, or other articles or apparatus suitable to be used for gambling purposes found in the possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.
LA 10-90, eff. November 13, 1990. Amended LA 41-02, eff. November 27, 2002.
§ 961. Testimony, no person excused from giving
No person shall be excused from giving any testimony or evidence upon any investigation or prosecution for violation of this chapter, upon the ground that such testimony would tend to convict him of a crime, but such testimony or evidence shall not be received against him upon any criminal investigation or prosecution, except in a prosecution against him for perjury committed in giving such testimony.
LA 10-90, eff. November 13, 1990.
SLOT MACHINES AND PUNCH BOARDS
§ 964. "Slot machine" defined
For the purpose of this act, "slot machine" is defined to be:
First: Any machine, instrument, mechanism or device that operates or may be operated or played mechanically, electrically, electronically automatically or manually, and which can be played or operated by any person by inserting in any manner into said machine, instrument, mechanism or device, a coin, chip, token, check, credit, money, representative of value, or a thing of value, and by which play or operation such person will stand to win or lose, whether by skill or chance, or by both, a thing of value; and
Second: Any machine, instrument, mechanism or device that operates or may be played or operated mechanically, electrically, electronically, automatically, or manually, and which can be played or operated by any person by paying to or depositing with any person, or by depositing with or in any cache, receptacle, slot, or place a coin, chip, token, check, credit, money, representative of value, or a thing of value, and by which play or operation such person will stand to win or lose, whether by skill or chance, or by both, a thing of value.
LA 10-90, eff. November 13, 1990.
§ 965. "Thing of value" defined
For the purposes of this act, "a thing of value" is defined to be any money, coin, currency, check, chip, token, credit, property, tangible or intangible, or any representative of value or any other thing, tangible or intangible except amusement or entertainment, calculated or intended to serve as an inducement for anyone to operate or play any slot machine or punch board.
LA 10-90, eff. November 13, 1990.
§ 966. "Punch board" defined
For the purposes of this chapter, "punch board" is defined to be any card, board, substance or thing upon or in which is placed or concealed in any manner any number, figure, name, design, character, symbol, picture, substance or thing which may be drawn, uncovered, exposed or removed therefrom by any person paying a thing of value, which number, figure, design, character, symbol, picture, substance or any other thing, when drawn, uncovered, exposed or removed therefrom, will stand the person drawing, uncovering, exposing or removing the same to win or lose a thing of value.
LA 10-90, eff. November 13, 1990.
§ 967. Words in singular and plural
Any word or words used in this act in the singular number shall include the plural, and the plural the singular.
LA 10-90, eff. November 13, 1990.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 969. Possession, sale, or lease of slot machines or punch boards prohibited
It shall be unlawful for any person to have in his possession any slot machine or punch board, or sell or solicit the sale, or take orders for the sale of, or lease or rent any slot machine or punch board in this Nation, and any person violating the provisions of this section shall be deemed guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 971. Punch board-Acts prohibited-Punishment
Any person who sets up, operates, exposes, conducts, displays or plays, or who permits to be set up, operated, exposed, conducted, displayed or played, in or about any place or in or about any place of business, whether as owner, employee or agent, any punch board for the purpose of having or allowing the same to be played by others for money, property, tangible or intangible, coin, currency, check, chip, token, credit, amusement or any representative of value or a thing of value, shall be deemed guilty of a crime.
LA 10-90, eff. November 13, 1990.
Source. LA 10-90, eff. November 13, 1990. Amended LA 39-02, eff. November 27, 2002, LA 07-21, eff. February 22, 2021.
GAMBLING AND COMMERCIAL GAMBLING ACTIVITIES
§ 981. Definitions
As used in this chapter:
1. A "bet" is a bargain in which the parties agree that, dependent upon chance, or in which one of the parties to the transaction has valid reason to believe that it is dependent upon chance, one stands to win or lose something of value specified in the agreement. A "bet" does not include:
a. bona fide business transactions which are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance; or
b. any bingo game or a game of chance with comparable characteristics by or for participants conducted by an authorized organization under the laws of this Nation; or
c. offers of purses, prizes or premiums to the actual participants in public and semipublic events, as follows, to wit: Rodeos, animal shows, expositions, fairs, athletic events, tournaments and other shows and contests where the participants qualify for a monetary prize or other recognition. This subparagraph further excepts an entry fee from the definition of "a bet" as applied to enumerated public and semipublic events;
d. any gambling activity regulated or operated by Cherokee Nation provided by law.
2. "Consideration" as used in this section means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant. Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature are not consideration. As used in this paragraph, the term "consideration" shall not include sums of money paid by or for participants in any bingo game or a game of chance with comparable characteristics as defined by subparagraph b of paragraph 1 of this section and it shall be conclusively presumed that such sums paid by or for said participants were intended by said participants to be for the benefit of the organizations described in subparagraph b of paragraph 1 of this section for the use of such organizations in furthering the purposes of such organizations;
3. A "gambling device" is a contrivance designed primarily for gambling purposes which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, or any token, chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device; and
4. A "gambling place" is any place, room, building, vehicle, tent or location which is used for any of the following: making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling devices. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.
LA 10-90, eff. November 13, 1990.
§ 982. Commercial gambling
A. Commercial gambling is:
1. Operating or receiving all or part of the earnings of a gambling place;
2. Receiving, recording or forwarding bets or offers to bet or, with intent to receive, record or forward bets or offers to bet, possessing facilities to do so;
3. For gain, becoming a custodian of anything of value bet or offered to be bet;
4. Conducting a lottery or with intent to conduct a lottery possessing facilities to do so;
5. Setting up for use or collecting the proceeds of any gambling device; or
6. Alone or with others, owning, controlling, managing or financing a gambling business.
B. Any person convicted of commercial gambling shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 983. Permitting premises to be used for commercial gambling
A. Permitting premises to be used for commercial gambling is intentionally:
1. Granting the use or allowing the continued use of a place as a gambling place; or
2. Permitting another to set up a gambling device for use in a place under the offender's control.
B. Any person permitting premises to be used for commercial gambling shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 985. Possession of a gambling device
A. Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee or otherwise, of any gambling device.
B. Any person possessing a gambling device who knows or has reason to know said devices will be used in making or settling commercial gambling transactions and deals in said gambling devices with the intent to facilitate commercial gambling transactions shall be punished for a crime.
LA 10-90, eff. November 13, 1990.
§ 987. Dissemination of gambling information
A. Dissemination of gambling information is the transmitting or receiving, by means of any communications facilities, information to be used in making or settling bets. Provided that nothing herein shall prohibit a licensed radio or television station or newspaper of general circulation from broadcasting or disseminating to the public reports of odds or results of legally staged sporting events.
B. Any person found guilty of disseminating gambling information shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 988. Conspiracy
A. A conspiracy is any agreement, combination or common plan or scheme by two or more persons, coupled with an overt act in furtherance of such agreement, combination or common plan or scheme, to violate any section of this act.
B. Any person found guilty of conspiracy shall be punished to the same extent as provided for in the section of this act which such person conspired to violate.
LA 10-90, eff. November 13, 1990.
BETTING, ETC., ON RACES
§ 991. Betting or letting premises for betting on races
A. Except as provided for in the Oklahoma Horse Racing Act, 3A O.S. § 200 et seq., it shall be unlawful for any person, association, or corporation:
1. to bet or wager upon the result of any trial of speed or power of endurance of animals or beasts; or
2. to occupy any room, shed, tenement or building, or any part thereof, or to occupy any place upon any grounds with books, apparatus, or paraphernalia for the purpose of recording or registering bets or wagers or of selling pools, or making books or mutuals upon the result of any trial of speed or power of endurance of animals or beasts; or
3. being the owner or lessee or occupant of any room, tent, tenement, shed, booth, or building, or part thereof at any place knowingly to permit the same to be used or occupied to keep, exhibit, or employ any device or apparatus for the purpose of recording or registering such bets or wagers or the selling or making of such books, pools or mutuals, or to become the custodian or depository for gain, hire or reward of any money, property or thing of value, bet or wagered or to be wagered or bet upon the result of any trial of speed or power of endurance of animals or beasts; or
4. to receive, register, record, forward or purport or pretend to forward to or for any racetrack within or without this Nation, any money, thing or consideration of value offered for the purpose of being bet or wagered upon the result of any trial of speed or power of endurance of any animal or beast; or
5. to occupy any place, or building or part thereof with books, papers, apparatus, or paraphernalia for the purpose of receiving or pretending to receive or for recording or for registering or for forwarding or pretending or attempting to forward in any manner whatever, any money, thing or consideration of value, bet or wagered or to be bet or wagered by any person or to receive or offer to receive any money, thing, or consideration of value bet or to be bet upon the result of any trial of speed or power of endurance or any animal or beast; or
6. to aid or assist or abet at any racetrack or other place in any manner in any of the acts forbidden by this section.
B. Any person, association, or corporation convicted of violating the provisions of paragraph 1 of subsection (A) of this section shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) and be imprisoned not more than ninety (90) days. Any person, association, or corporation convicted of violating any provision of paragraphs 2, 3, 4, 5 or 6 of subsection (A) of this section shall be guilty of a crime.
C. Any personal property used for the purpose of violating any of the provisions of this section shall be disposed of as provided for in 22 CNCA § 1261.
LA 10-90, eff. November 13, 1990.
§ 993. Evidence for prosecution-Accomplices-Immunity for witnesses
A conviction for the violation of any of the provisions of this act may be had upon the unsupported evidence of an accomplice or participant, and such accomplice or participant shall be exempt from prosecution for any offense in this act about which he may be required to testify.
LA 10-90, eff. November 13, 1990.
BINGO
§ 995.2. Definitions
As used in this section and 21 CNCA §§ 995.11 through 995.15:
1. "Bingo" means a game in which each participant receives one or more cards each of which is marked off into twenty-five (25) squares arranged in five (5) horizontal rows of five (5) squares each and five (5) vertical rows of five (5) squares each, with each square being designated by number, letter or combination of numbers and letters, and the center square designated with the word "free," with no two (2) cards being identical, with the players covering squares as the operator of such game announces a number, letter or combination of numbers and letters appearing on an object selected by chance, either manually or mechanically from a receptacle in which have been placed objects bearing numbers, letters or combinations of numbers and letters corresponding to the system used for designating the squares, with the winner of each game being the player or players first properly covering a predetermined and announced pattern of squares upon the card being used by him or them.
2. "Rip-off games" or "pull-tab games" means games wherein a participant receives a sealed card or tab, which when opened by the participant, reveals some combination of numbers, letters, or symbols the arrangement of which determines if the participant has won a prize.
LA 10-90, eff. November 13, 1990.
§ 995.11. Intoxicating and nonintoxicating beverages prohibited
No licensee shall sell, serve or permit to be consumed any intoxicating and nonintoxicating beverages as defined in the laws of Cherokee Nation in any room or outdoor area where bingo is conducted during the time that it is so conducted.
LA 10-90, eff. November 13, 1990.
§ 995.12. License required
No person shall conduct any game of bingo or pull tabs for which a charge is made or to the winner of which any prize is awarded except as regulated or operated by Cherokee Nation pursuant to law.
LA 10-90, eff. November 13, 1990.
§ 995.13. Minors
No minor shall be permitted to play bingo for which a charge is made or to the winner of which any prize is awarded unless accompanied by a parent or guardian.
LA 10-90, eff. November 13, 1990.
§ 995.15. Penalties
Any violation of 21 CNCA §§ 995.2 through 995.15 is hereby declared to be a public nuisance. Any person violating the provisions of this act, 21 CNCA § 995.2 et seq., except as otherwise provided in this section shall be guilty of a crime.
Any person conducting, playing, or offering to play or conduct any rip-off game or pull-tab game in any place where bingo is conducted, except as otherwise provided in this act, 21 CNCA § 995.2 et seq., shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 995.18. Severability
The provisions of this act are severable and if any part or provision hereof shall be held void the decision of the Court so holding shall not affect or impair any of the remaining parts or provisions of this act.
LA 10-90, eff. November 13, 1990.
§ 996. Operation of Gambling Establishments-Nuisance-Penalty
Any building, structure, place, establishment, house, room, tent, vehicle or water vessel, including ships, boats, ferries, or any other type of vehicle capable of navigating waterways, or location where any game or activity prohibited by any provision of this Chapter 38 are opened, conducted or carried on, or where persons engage in such activity or congregate to play at any such game, is a public nuisance, and the persons who are owners, operators, keepers or managers of any such nuisance, and persons aiding or assisting any such owners, operators, keepers or managers in operating, keeping, maintaining, or managing any such nuisance shall be guilty of a crime. In addition to pursuing any criminal charges for violations of the provisions of this Chapter, the Attorney General may bring an action in District Court in the name of the Cherokee Nation to enjoin and abate the nuisance.
LA 07-21, eff. February 22, 2021.
§ 997. Bingo and regulated gaming and activities not prohibited
None of the provisions of this Chapter 38, except 21 CNCA §§ 995.11 and 940(b), shall apply to bingo, gambling, or other activities regulated or operated by Cherokee Nation under Title 4 of the Code.
LA 07-21, eff. February 22, 2021.
CHAPTER 39
CHEROKEE NATION OBSCENITY AND CHILD PORNOGRAPHY ACT
Section
1021. Indecent exposure-Indecent exhibitions-Obscene material or child pornography-Solicitation of minors
1021.1. Application
1021.2. Minors-Procuring for participation in pornography
1021.3. Guardians, parents, custodians-Consent to participation of minors in child pornography
1021.4. Disclosure of obscene materials containing minors-
1022. Seizure of obscene material or child pornographyDelivery to magistrate
1023. Finding by magistrate that material is obscene or child pornography Issuance of factual and legal basis-Deliver to district attorney
1024. Repealed
1024.1. Definitions
1024.2. Purchase, procurement or possession of child pornography-Penalty
1024.3. Seizure of evidentiary copy of obscene material or all copies of explicit child pornography
1024.4. Destruction of obscene material or child pornography upon conviction
1025. Bawdy house, etc.-Penalty
1026. Disorderly house
1027. Letting building for unlawful purposes
1028. Setting up or operating place of prostitution-Ownership-Renting-Procuring-Receiving person for forbidden purpose-Transportation-Receiving proceeds
1029. Engaging in prostitution, etc.-Soliciting or procuring-Residing or being in place for prohibited purpose-Aiding, abetting or participating - Child prostitution - Presumption of coercion
1030. Definitons
1031. Punishment for violations-Fines-Knowingly engaging in prostitution while infected with HIV-Violations within certain distance from school or church
1040.8. Publication, distribution or participation in preparation of any obscene material or presentation-child pornography-Unsolicited mailings-
1040.9, 1040.10. Repealed
1040.11. Short title
1040.12a. Aggravated possession of child pornography--Penalties--Definitions
1040.13. Acts prohibited-felony
1040.13a. Facilitating, encouraging, offering or soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor
1040.13b. Nonconsensual dissemination of private sexual images
1040.14. Action for adjudication of obscenity or child pornographic content of mailable matter
1040.15. Petition
1040.16. Summary examination of material-Dismissal or show cause order
1040.17. Answer
1040.18. Trial-Evidence
1040.19. Destruction-Injunction
1040.20. Sending or selling of materials with knowledge of judgment
1040.21. Contempt
1040.22. Extradition
1040.23. Presumptions
1040.24. Jurisdiction-Service of process-Fines-Execution against property
1040.51. Repealed
1040.52. Showing at outdoor theaters of pictures depicting sexual intercourse prohibited under certain conditions-Penalty
1040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibit of obscene motion pictures
1040.54. Seizure and forfeiture of equipment used in certain offenses relating to obscene material or child pornography
1040.55. Adult cabaret and sexually oriented business exterior advertising signs--Requirements
1040.75. Definitions
1040.76. Material or performances harmful to minors-Prohibited acts
1040.77. Violations-Penalties
1040.80. Interactive computer service providers--Removal of child pornography--Court orders--Notice and hearing--Violations--Penalties--Petition for relief
§ 1021. Indecent exposure-Indecent exhibitions-Obscene material or child pornography-Solicitation of minors
A. Every person who willfully and knowingly either:
1. lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby;
2. procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;
3. writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or
4. makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of any obscene material or child pornography
shall be guilty, upon conviction, of a felony punishable by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000) or by imprisonment for a term not the exceed three (3) years, or by both such fine and imprisonment, provided that such sentence shall include a term of imprisonment.
B. Every person who:
1. willfully solicits or aids a minor child to perform; or
2. shows, exhibits, loans, or distributes to a minor child any obscene material or child pornography for the purpose of inducing said minor to participate in any act specified in paragraphs 1, 2, 3 or 4 of subsection (A) of this section
shall be guilty, upon conviction, of a felony punishable by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000) or by imprisonment for a term not the exceed three (3) years, or by both such fine and imprisonment, provided that such sentence shall include a term of imprisonment.
C. For purposes of this section, "downloading on a computer" means electronically transferring an electronic file from one computer or electronic media to another computer or electronic media.
D. Any person convicted of a second violation of paragraphs 1 or 2 of subsection (A) of this section, or for a first violation of either paragraph 3 or 4 of subsection (A) of this section when the offense involves child pornography, or for a first violation of subsection (B), shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1021.1. Application
A. 21 CNCA §§ 1021 through 1024.4 shall not apply to persons who may possess or distribute obscene matter or child pornography or participate in conduct otherwise prescribed by this act, when such possession, distribution, or conduct occurs in the course of law enforcement activities.
B. The criminal provisions of this title shall not prohibit the Attorney General from seeking civil or injunctive relief to enjoin the production, publication, dissemination, distribution, sale of or participation in any obscene material or child pornography, or the dissemination to minors of material harmful to minors, or the possession of child pornography.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1021.2. Minors-Procuring for participation in pornography
A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony punishable by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000) or by imprisonment for a term not the exceed three (3) years, or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1021.3. Guardians, parents, custodians-Consent to participation of minors in child pornography
A. Any parent, guardian or individual having custody of a minor under the age of eighteen (18) years who knowingly permits or consents to the participation of a minor in any child pornography shall be guilty of a felony punishableby a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000) or by imprisonment for a term not the exceed three (3) years, or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
B. The consent of the minor to the activity prohibited by this section shall not constitute a defense.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1021.4. Disclosure of obscene materials containing minors
A. Any commercial film and photographic print processor or commercial computer technician who has knowledge of or observes, within the scope of such person's professional capacity or employment, any film, photograph, video tape, negative, or slide, or any computer file, recording, CD-ROM, magnetic disk memory, magnetic tape memory, picture, graphic or image that is intentionally saved, transmitted or organized on hardware or any other media including, but not limited to, CDs, DVDs and thumbdrives, whether digital, analog or other means and whether directly viewable, compressed or encoded depicting or a child under the age of eighteen (18) years engaged in an act of sexual conduct as defined in 21 CNCA § 1024.1 shall immediately, or as soon as possible, report by telephone such instance of suspected child abuse or child pornography to the Cherokee Nation Marshal Service or the law enforcement agency having jurisdiction over the case and shall prepare and send a written report of the incident to the Cherokee Nation Marshal Service with an attached copy of such material, within thirty-six (36) hours after receiving the information concerning the incident.
For the purposes of this section:
1. "Commercial film and photographic print processor" means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term shall also include any employee of such a person but shall not include a person who develops film or makes prints for a public agency; and
2. "Commercial computer technician" means any person who repairs, installs, or otherwise services any computer including, but not limited to, any component part, device, memory storage or recording mechanism, auxiliary storage, recording or memory capacity, or any other materials relating to operation and maintenance of a computer or computer network or system, for compensation. The term shall also include any employee of such person.
B. Any person who violates the provisions of this section, upon conviction, shall be guilty of a misdemeanor punishableby a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment for a term not to exceed one (1) year, or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
C. Nothing in this section shall be construed to require or authorize any person to act outside the scope of such person's professional capacity or employment by searching for prohibited materials or media.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1022. Seizure of obscene material or child pornography, Delivery to magistrate
Every person who is authorized or enjoined to arrest any person for a violation of 21 CNCA § 1021(A)(3) is equally authorized and enjoined to seize one copy of the obscene material, or all copies of explicit child pornography, found in possession of or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021
§ 1023. Finding by magistrate that material is obscene or child pornography Issuance of factual and legal basis- Delivery to District attorney.
The magistrate to whom any child pornography, or any obscene material, is delivered pursuant to theSection 1022 of this title, shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, determine the character of such child pornography or obscene material, and if the magistrate finds it to be obscene material or child pornography the magistrate shall cause the same to be destroyed, or to be delivered to the Attorney General. The magistrate shall issue in writing the factual and legal basis for the determination by the magistrate of the character of the child pornography or obscene material. The Attorney General may transmit the child pornography or obscene material to the United States Attorney's Office for the district wherein a crime occurred upon the written request of said United States Attorney's Office, or may deliver such materials to the Cherokee Nation Marshal Service for storage as evidence pending trial and any appeals.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1024. Repealed
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012 LA 07-21, eff. February 22, 2021,.
§ 1024.1. Definitions
A. A. As used in 21 CNCA §§ 1021, 1021.1 through 1021.3, 1022 through 1024, and 1040.8 through 1040.24 of this title, "child pornography" means and includes any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, play or performance wherein a minor under the age of eighteen (18) years is engaged in any act with a person, other than his or her spouse, of sexual intercourse which is normal or perverted, in any act of anal sodomy, in any act of sexual activity with an animal, in any act of sadomasochistic abuse including, but not limited to, flagellation or torture, or the condition of being fettered, bound or otherwise physically restrained in the context of sexual conduct, in any act of fellatio or cunnilingus, in any act of excretion in the context of sexual conduct, in any lewd exhibition of the uncovered genitals, buttocks or, if such minor is female, the breast, has the purpose of sexual stimulation of the viewer, or wherein a person under the age of eighteen (18) years observes such acts or exhibitions. Each visual depiction or individual image shall constitute a separate item and multiple copies of the same identical material shall each be counted as a separate item.
B. As used in 21 CNCA §§ 1021 through 1024.4 of this title:
1. "Obscene material" means and includes any representation, performance, depiction or description of sexual conduct, whether in any form or on any medium including still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape, optical, magnetic or solid-state storage, CD or DVD, or a purely photographic product or a reproduction of such product in any book, pamphlet, magazine, or other publicationor electronic or photo-optical format, if said items contain the following elements:
a. depictions or descriptions of sexual conduct which are patently offensive as found by the average person applying contemporary community standards;
b. taken as a whole, have as the dominant theme an appeal to prurient interest in sex as found by the average person applying contemporary community standards; and
c. a reasonable person would find the material or performance taken as a whole lacks serious literary, artistic, educational, political, or scientific purposes or value.
The standard for obscenity applied in this section shall not apply to child pornography.
3. "Performance" means and includes any display, live or recorded, in any form or medium.
4. "Sexual conduct" means and includes any of the following:
a. acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated;
b. acts of deviant sexual conduct, including oral and anal sodomy;
c. acts of masturbation;
d. acts of sadomasochistic abuse including but not limited to:
i. flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature; or
ii. the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed;
e. acts of excretion in a sexual context; or
f. acts of exhibiting human genitals or pubic areas.
4. Each visual depiction or individual image shall constitute a separate item and multiple copies of the same identical material shall each be counted as a separate item.
The types of sexual conduct described in paragraph 4 of this subsection are intended to include situations when, if appropriate to the type of conduct, the conduct is performed alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1024.2. Purchase, procurement or possession of child pornography-Penalty
It shall be unlawful for any person to buy, procure or possess child pornography in violation of 21 CNCA §§ 1024.1 through 1024.4. Such person shall, upon conviction, be guilty of a felony punishable by a term of imprisonment not to exceed three (3) years or by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine, provided that such sentence must include a term of imprisonment. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1024.3. Seizure of evidentiary copy of obscene material or all copies of explicit child pornography
Every person who is authorized or enjoined to arrest any person for a violation of 21 CNCA §§ 1021, 1021.1 through 1021.3, 1022 through 1024, and 1040.8 through 1040.24 is equally authorized and enjoined to seize an evidentiary copy of any obscene material or child pornography or all copies of explicit child pornography found in the possession of or under the control of the person so arrested and to deliver the obscene material or child pornography to the magistrate before whom the person so arrested is required to be taken, provided that when the arrest is made pursuant to a federal warrant, the federal procedures for delivery of such materials shall be followed without violating this section.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1024.4. Destruction of obscene material or child pornography upon conviction
Upon final conviction of the accused and any codefendant, the judge or the Attorney General shall cause any obscene material or child pornography, in respect whereof the accused and any codefendant stands convicted and which remains in the possession or control of such judge law enforcement agency or district attorney, to be destroyed including, but not limited to, the destruction of any computer, hard drive or other electronic storage media of the accused or codefendant on which such obscene material or child pornography was located.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1025. Bawdy house, etc.-Penalty
Every person who keeps any bawdy house, house of ill fame, of assignation, or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse, or for any other lewd, obscene or indecent purpose, is guilty of amisdemeanor punishable by a fine in the amount not to exceed One Thousand Dollars ($1,000) for each offense.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1026. Disorderly house
Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1027. Letting building for unlawful purposes
Every person who lets any building or portion of any building knowing that it is intended to be used for any purpose declared punishable by this chapter, or who otherwise permits any building or portion of a building to be so used, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1028. Setting up or operating place of prostitution-Ownership-Renting-Procuring-Receiving person for forbidden purpose-Transportation-Receiving proceeds
It shall be unlawful in Cherokee Nation:
1. To keep, set up, maintain, or operate any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation;
2. To knowingly own any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of lewdness, assignation, or prostitution, or to let, lease, or rent, or contract to let, lease, or rent any such place, premises, or conveyance, or part thereof, to another with knowledge or reasonable cause to believe that the intention of the lessee or rentee is to use such place, premises, or conveyance for prostitution, lewdness, or assignation;
3. To offer, or to offer to secure, another with the intent of having such person commit an act of prostitution, or for any other lewd or indecent act;
4. To receive or to offer or agree to receive any person into any house, place, building, other structure, vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation, or to permit any person to remain therewith such intent;
5. To direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the intent of such directing, taking or transporting is prostitution, lewdness or assignation;
6. To knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution.
7. To knowingly abet the crime of prostitution by allowing a house, place, building, or parking lot to be used or occupied by a person who is soliciting, inducing, enticing, or procuring another to commit an act of lewdness, assignation, or prostitution or who is engaging in prostitution, lewdness, or assignation on the premises of the house, place, building, or parking lot.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1029. Engaging in prostitution, etc.-Soliciting or procuring-Residing or being in place for prohibited purpose-Aiding, abetting or participating - Child prostitution - Presumption of coercion
A. It shall further be unlawful:
1. To engage in prostitution, lewdness, or assignation;
2. To solicit, induce, entice, or procure another to commit an act of lewdness, assignation, or prostitution, with himself or herself;
3. To reside in, enter, or remain in any house, place, building, or other structure, or to enter or remain in any vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation;or
4. To aid, abet, or participate in the doing of any of the acts prohibited.
B. Any prohibited act described in paragraph 1, 2, 3 or 4 of subsection A of this section committed with a person under eighteen (18) years of age shall be deemed child prostitution, as defined in Section 1030 of this title, and shall be punishable as provided in Section 1031 of this title.
C. In any prosecution of a person sixteen (16) or seventeen (17) years of age for an offense described in subsection A of this section, there shall be a presumption that the actor was coerced into committing such offense by another person in violation of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1030. Definitions
1. “Prostitution” means:
a. the giving or receiving of the body for sexual intercourse for hire, and shall also be construed to include the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse without hire. The term "or lewdness"shall be construed to include with any person not his or her spouse, in exchange for money or any other thing of value, or
b. the making of any appointment or engagement for prostitutionsexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness orwith any person not his or her spouse, in exchange for money or any other thing of value;
2. “Child prostitution” means prostitution or lewdness as defined in this section with a person under eighteen (18) years of age, in exchange for money or any other thing of value;
3. “Anal intercourse” means contact between human beings of the genital organs of one and the anus of another;
4. “Cunnilingus” means any act of oral stimulation of the vulva or clitoris;
5. “Fellatio” means any act of oral stimulation of the penis;
6. “Lewdness” means:
a. any lascivious, lustful or licentious conduct,
b. the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, or
c. any act in furtherance of such conduct or any appointment or engagement. for prostitution; and
7. “Masturbation” means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1031. Punishment for violations Fines--Knowingly engaging in prostitution while infected with HIV--Violations within certain distance from school or church
A. Except as provided in subsection B or C of this section, any person violating any of the provisions of Section 1028, 1029 or 1030 of this title shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term not to exceed one (1) year or by a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours.
B. Any person who engages in an act of prostitution with knowledge that they are infected with the human immunodeficiency virus shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years.
C. Any person who engages in an act of child prostitution, as defined in Section 1030 of this title, shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years and by a fine in an amount not the exceed Three Thousand Dollars ($3,000.00).
D. Any person violating any of the provisions of Section 1028, 1029 or 1030 of this title within one thousand (1,000) feet of a school or church shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1040.8. Publication, distribution or participation in preparation of any obscene material or presentation-child pornography-Unsolicited mailings-
A. No person shall knowingly photograph, act in, pose for, model for, print, sell, offer for sale, giveaway, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit any book, magazine, story, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, electronic video game or recording, image, cast, slide, figure, instrument, statue, drawing, presentation, or other article which is obscene material or child pornography, as defined in 21 CNCA § 1024.1. In the case of any unsolicited mailing of any of the material listed in this section, the offense is deemed complete from the time such material is deposited in any post office or delivered to any person with intent that it shall be forwarded. Also, unless preempted by federal law, no unsolicited mail which is harmful to minors pursuant to 21 CNCA § 1040.75 shall be mailed to any person. The party mailing the materials specified in this section may be tried where such material is deposited or delivered, or in which it is received by the person to whom it is addressed. Any person convicted of a violation of this section where the offender is age eighteen (18) or over and the offense involved child pornography shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
B. Any person who violates any provision of this section involving obscene materials, upon conviction, shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine of not less than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
C. Any person who violates any provision of this section involving child pornography, upon conviction, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine or not less than Ten Thousand Dollars ($10,000), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§§ 1040.9, 1040.10. Repealed by LA 20-08, eff. January 12, 2009
History
The repealed sections, which related to the definition of obscenity and the cumulative effect of the provisions, were derived from LA 10-90.
§ 1040.11. Short title
Sections 1021 through 1040.77 of this title shall be known as the "Cherokee Nation Obscenity and Child Pornography Act" and may be referred to by that designation.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.12a. Aggravated possession of child pornography--Penalties--Definitions
A. Any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography. The violator shall be punished by imprisonment for a term not to exceed three (3) years and by a fine in an amount not more than Fifteen Thousand Dollars ($15,000.00). The violator, upon conviction, shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq.
B. For purposes of this section:
1. Multiple copies of the same identical material shall each be counted as a separate item;
2. The term “material” means the same definition provided by Section 1040.75 of Title 21 of the Cherokee Nation Code Annotated and, in addition, includes all digital and computerized images and depictions; and
3. The term “child pornography” means the same definition provided by Section 1040.80 of Title 21 of the Cherokee Nation Code Annotated and, in addition, includes sexual conduct, sexual excitement, sadomasochistic abuse, and performance of material harmful to minors where a minor is present or depicted as such terms are defined in Section 1040.75 of Title 21 of the Cherokee Nation Code Annotated.
LA 07-21, eff. February 22, 2021.
§ 1040.13. Acts prohibited - Felony
Every person who, with knowledge of its contents, sends, brings, or causes to be sent or brought into this Nation for sale or commercial distribution, or in this Nation prepares, sells, exhibits, commercially distributes, gives away, offers to give away, or has in his possession with intent to sell, to commercially distribute, to exhibit, to give away, or to offer to give away any obscene material or child pornography or gives information stating when, where, how, or from whom, or by what means obscene material or child pornography can be purchased or obtained, upon conviction, shall be guilty of a felony punishableby imprisonment for a term not to exceed three (3) years or by a fine of not more than Fifteen Thousand Dollars ($15,000), or by both such imprisonment and fine, provided that such punishment must include a term of imprisonment Any person convicted of a violation of this section where the offense involved child pornography shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1040.13a. Facilitating, encouraging, offering or soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor
A. It is unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology. For purposes of this subsection," by use of any technology" means the use of any telephone or cell phone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, Internet or World Wide Web address including any blog site or personal web address, e-mail address, Internet Protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cell phone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device.
B. A person is guilty of violating the provisions of this section if the person knowingly transmits any prohibited communication by use of any technology defined herein, or knowingly prints, publishes or reproduces by use of any technology described herein any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for communication with a minor or access to any name, telephone number, cell phone number, e-mail address, Internet address, text message address, place of residence, physical characteristics or other descriptive or identifying information of a minor, or other individual the person believes to be a minor.
C. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.
D. Any violation of the provisions of this section shall be a felony punishable by imprisonment for a term not to exceed three (3) years or by fine of not more than Fifteen Thousand Dollars ($15,000), or by both such imprisonment and fine, provided that such sentence must include a term of imprisonment For purposes of this section, each communication shall constitute a separate offense. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
E. For purposes of any criminal prosecution pursuant to any violation of this section, the person violating the provisions of this section shall be deemed to be within the jurisdiction of Cherokee Nation by the fact of accessing any computer, cellular phone or other computer-related or satellite-operated device in Cherokee Nation, regardless of the actual jurisdiction where the violator resides.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1040.13b. Nonconsensual dissemination of private sexual images
A. As used in this section:
1. “Image” includes a photograph, film, videotape, digital recording or other depiction or portrayal of an object, including a human body;
2. “Intimate parts” means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area or female adult nipple; and
3. “Sexual act” means sexual intercourse including genital, anal or oral sex.
B. A person commits nonconsensual dissemination of private sexual images when he or she:
1. Intentionally disseminates an image of another person:
a. who is at least eighteen (18) years of age,
b. who is identifiable from the image itself or information displayed in connection with the image, and
c. who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
2. Disseminates the image with the intent to harass, intimidate or coerce the person, or under circumstances in which a reasonable person would know or understand that dissemination of the image would harass, intimidate or coerce the person;
3. Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
4. Knows or a reasonable person should have known that the person in the image has not consented to the dissemination.
C. The provisions of this section shall not apply to the intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when:
1. The dissemination is made for the purpose of a criminal investigation that is otherwise lawful;
2. The dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;
3. The images involve voluntary exposure in public or commercial settings; or
4. The dissemination serves a lawful purpose.
D. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
1. An interactive computer service, as defined in 47 U.S.C., Section 230(f)(2);
2. A wireless service provider, as defined in Section 332(d) of the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66; or
3. A telecommunications network or broadband provider.
E. A person convicted under this section is subject to the forfeiture provisions in Section 1040.54 of this title.
F. Any person who violates the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment.
G. Any person who violates the provisions of this section and who gains or attempts to gain financially or who gains or attempts to gain anything of value as a result of the nonconsensual dissemination of private sexual images shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years. A second or subsequent violation of this subsection shall be a felony punishable by imprisonment for a term not to exceed three (3) years and the offender shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq.
H. The court shall have the authority to order the defendant to remove the disseminated image should the court find it is in the power of the defendant to do so.
LA 07-21, eff. February 22, 2021.
§ 1040.14. Action for adjudication of obscenity or child pornographic content of mailable matter
A. Whenever the Attorney General has reasonable cause to believe that any person, with knowledge of its contents, is (1) engaged in sending or causing to be sent, bringing or causing to be brought, into Cherokee Nation for sale or commercial distribution, or is (2) in Cherokee Nation preparing, selling, exhibiting or commercially distributing or giving away, or offering to give away, or has in his possession with intent to sell, or commercially distribute or to exhibit or give away or offer to give away, any obscene material or child pornography, the Attorney General may institute an action in the District Court for an adjudication of the obscenity or child pornographic content of the mailable matter.
B. The procedure to be followed shall be that set forth in this act.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.15. Petition
The action described in 21 CNCA § 1040.l4 shall be commenced by filing with the Court a petition:
1. directed against the matter by name or description;
2. alleging it is obscene material or child pornography;
3. listing the names and addresses, if known, of its author, publisher and any other person sending or causing it to be sent, bringing or causing it to be brought into Cherokee Nation for sale or commercial distribution and of any person in Cherokee Nation preparing, selling, exhibiting or commercially distributing it, or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
4. seeking an adjudication that it is either obscene material or child pornography, as defined in 21 CNCA § 1024.1;
5. seeking a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into Cherokee Nation for sale or commercial distribution, or in the Nation preparing, selling, exhibiting or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
6. seeking its surrender, seizure and destruction.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.16. Summary examination of material-Dismissal or show cause order
A. Upon the filing of the petition described in 21 CNCA § 1040.15, the Court shall summarily examine the obscene material or child pornography.
B. If the Court finds no probable cause to believe it is obscene material or child pornography, the Court shall dismiss the petition.
C. If the Court finds probable cause to believe it is obscene material or child pornography, the Court shall immediately issue an order or rule to show cause why it should not be adjudicated to be obscene material or child pornography.
D. The order or rule to show cause shall be:
1. directed against it by name or description;
2. if their names and addresses are known, served personally in the manner provided in this act for the service of process or in any manner now or hereafter provided by law, upon its author, publisher, and any other person interested in sending or causing it to be sent, bringing or causing it to be brought, into Cherokee Nation for sale or commercial distribution, and on any person in the Nation preparing, selling, exhibiting or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
3. returnable six (6) days after its service.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.17. Answer
A. On or before the return date specified in the order or rule to show cause, the author, publisher, or any person interested in sending or causing to be sent, bringing or causing to be brought, into Cherokee Nation for sale or commercial distribution, or any person in Cherokee Nation preparing, selling, exhibiting or commercially distributing, or giving away or offering to give away, or possessing with intent to sell or commercially distribute or exhibit or give away or offer to give away, the matter may appear and file an answer.
B. The Court may, by order, permit any other person to appear and file an answer as amicus curiae. A person granted permission and appearing and filing an answer has all the rights of a party to the proceeding.
C. If no person appears and files an answer on or before the return date specified in the order or rule to show cause, the Court shall enter judgment either:
1. adjudicating the matter not to be obscene material or child pornography, if the Court so finds; or
2. adjudicating it to be obscene material or child pornography, if the Court so finds.
D. Every person appearing and answering shall be entitled, upon request, to a trial of the issues before the Court not less than three (3) days after a joinder of the issues.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.18. Trial-Evidence
A. The Court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the Court without a jury.
B. The Court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:
1. whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;
2. the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;
3. the intent of the author and publisher in preparing, writing and publishing the mailable matter;
4. the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.19. Destruction-Injunction
In the event that a judgment is entered adjudicating the matter to be obscene material or child pornography, the Court shall further:
1. order the person or persons having possession of it to surrender it to the Marshal Service for destruction and, in the event that person refuses, order the Marshal to seize and destroy it after all appeals are final;
2. enter a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into Cherokee Nation for sale or commercial distribution, and against any person in Cherokee Nation preparing, selling, exhibiting or commercially distributing it, giving it away or offering to give it away, or having it in his possession with intent to sell or commercially distribute or exhibit or give it away or offer to give it away.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.20. Sending or selling of materials with knowledge of judgment
Any matter which, following the entry of a judgment that it is obscene material or child pornography, is sent or caused to be sent, brought or caused to be brought, into Cherokee Nation for sale or commercially distributed, given away or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any such person with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of 21 CNCA § 1040.13.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.21. Contempt
After the entry of a judgment that the matter is obscene material or child pornography, any person who, with knowledge of the judgment or of the order or rule to show cause, sends or causes to be sent, brings or causes to be brought, into Cherokee Nation for sale or commercial distribution, the matter, or who in Cherokee Nation sells, exhibits or commercially distributes it, gives away or offers to give it away, or has it in his possession with intent to sell or commercially distribute or exhibit or give away or offer to give it away, shall be guilty of contempt of court and upon conviction after notice and hearing shall be guilty of a misdemeanor punishableby a term of imprisonment not to exceed one (1) year or by a fine in the amount not to exceed One Thousand Dollars ($1,000), or by both such fine and imprisonment.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012 LA 07-21, eff. February 22, 2021.
§ 1040.22. Extradition
In all cases in which a charge or violation of any section or sections of this act is brought against a person who cannot be found in Cherokee Nation, the Principal Chief may demand extradition of such person from the executive authority of the state or tribal jurisdiction in which such person may be found.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.23. Presumptions
The possession of two or more of any single article that is obscene material or child pornography, or the possession of a combined total of any five articles that are obscene material or child pornography (except the possession of them for the purpose of return to the person from whom received) shall create a presumption that they are intended for sale or commercial distribution, exhibition or gift, but such presumption shall be rebuttable. The burden of proof that their possession is for the purpose of return to the person from whom received shall be on the possessor.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.24. Jurisdiction-Service of process-Fines-Execution against property
In order to protect the citizens and residents of Cherokee Nation against unfit articles and printed or written matter or material which originates outside Cherokee Nation, it is the purpose of this section to subject to the jurisdiction of the Courts of Cherokee Nation those persons who are responsible for the importation of those things into Cherokee Nation.
To that end and in the exercise of its power and right to protect its citizens and residents, it is hereby provided that any person, whether or not a citizen or resident of Cherokee Nation, who sends or causes to be sent into Cherokee Nation for resale in Cherokee Nation any article or printed matter or material, is for the purpose of this act transacting business in the Nation and by that act:
1. submits himself to the jurisdiction of the Courts of Cherokee Nation in any proceeding commenced under 21 CNCA § 1014;
2. constitutes the Secretary of State his agent for service of process in any proceeding commenced under 21 CNCA § 1014; and consents that service of process shall be made by serving a copy upon the Secretary of State or by filing a copy in the Secretary of State's office, and that this service shall be sufficient service provided that, within one (1) day after service, notice of the service and a copy of the process are sent by registered mail by the Attorney General to him at his last-known address and proof of such mailing filed with the clerk of the court within one (1) day after mailing;
3. consents that any fine levied against him under any section of this act may be executed against any of his real property, personal property, tangible or intangible, choses in action or property of any kind or nature, including debts owing to him, which are situated or found in Cherokee Nation.
Service of process upon any person who is subject to the jurisdiction of the Courts of Cherokee Nation, as provided in this section, may also be made by personally serving the summons upon him outside Cherokee Nation with the same force and effect as though summons had been personally served within Cherokee Nation. The service of summons shall be made in like manner as service within Cherokee Nation, by any person over twenty-one (21) years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The Court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.51. Repealed by LA 20-08, eff. January 12, 2009
History
The repealed section, which related to buying and selling pictures and movies showing obscene acts, was derived from LA 10-90.
§ 1040.52. Showing at outdoor theaters of pictures depicting sexual intercourse prohibited under certain conditions-Penalty
A. Every owner or operator of an outdoor theater in Cherokee Nation is guilty of a misdemeanor who shows or causes to be shown a motion picture depicting:
1. Any person, whether nude or clad, in an act or simulation of an act of sexual intercourse, unnatural copulation or other sexual activity including the showing of human genitals in a state of sexual stimulation or arousal, acts of human masturbation, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or
2. Nude or partially denuded figures including less than completely and opaquely covered human genitals, pubic regions, buttock and female breast below a point immediately above the top of the areola and including human male genitals in a discernably turgid state, even if completely and opaquely covered.
B. This section shall be applicable, however, only where the viewing portion of the screen of such theater is situated within the view of any residence or where children under eighteen (18) years of age have an understanding view of the picture.
C. Any prosecution under this section must be preceded by a written complaint from a resident affected by the terms of this section.
D. Upon conviction of a violation of this section such person shall be guilty of a misdemeanor punishable by a term of imprisonment not to exceed one (1) year or by a fine in an amount not to exceed Three Thousand Dollars ($3,000), or by both such fine and imprisonment.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012 LA 07-21, eff. February 22, 2021.
§ 1040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibition of obscene motion pictures
The provisions of statutes of Cherokee Nation prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial theater open to the general public shall not apply to a projectionist or assistant projectionist, usher or cashier, provided he has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist, usher or cashier. Provided further, that such person is not acting as manager or director of such theater. The provisions of this act shall not exempt any projectionist or assistant projectionist, usher or cashier from criminal liability for any act unrelated to projection of motion pictures in a commercial theater open to the general public.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.54. Seizure and forfeiture of equipment used in certain offenses relating to obscene material or child pornography
A. Any peace officer of Cherokee Nation is authorized to seize any equipment which is used, or intended for use in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in 21 CNCA § 1024.1(B)(1) or child pornography, as defined in 21 CNCA § 1024.1(A). Said equipment may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the Attorney General as petitioner; provided, in the event the Attorney General elects not to file such an action, or fails to file such action within ninety (90) days of the date of the seizure of such equipment, a forfeiture action may be brought by the entity seizing such equipment as petitioner.
B. Notice of seizure and intended forfeiture proceeding shall be given all owners and parties in interest by the party seeking forfeiture as follows:
1. Upon each owner or party in interest whose name and address is known, by mailing a copy of the notice by registered mail to the last-known address; and
2. Upon all other owners or parties in interest, whose addresses are unknown, by one publication in a newspaper of general circulation in the county where the seizure was made.
C. Within sixty (60) days after the mailing or publication of the notice, the owner of the equipment and any other party in interest may file a verified answer and claim to the equipment described in the notice of seizure and of the intended forfeiture proceeding.
D. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the Court shall hear evidence upon the fact of the unlawful use and may order the equipment forfeited to the Nation, if such fact is proven.
E. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.
F. At the hearing the party seeking the forfeiture shall prove by clear and convincing evidence that the equipment was used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in 21 CNCA § 1024.1(B)(1) or child pornography, as defined in 21 CNCA § 1024.1(A), with knowledge by the owner of the equipment.
G. The owner or party in interest may prove that the right or interest in the equipment was created without any knowledge or reason to believe that the equipment was being, or was to be, used for the purpose charged.
H. In the event of such proof, the court may order the equipment released to the bona fide or innocent owner or party in interest if the amount due the person is equal to, or in excess of, the value of the equipment as of the date of the seizure.
I. If the amount due to such person is less than the value of the equipment, or if no bona fide claim is established, the equipment shall be forfeited to Cherokee Nation and shall be sold pursuant to the judgment of the Court.
J. Equipment taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the office of the Attorney General or in the custody of the party seeking the forfeiture. The Attorney General or the party seeking the equipment may release said equipment to the owner of the equipment if it is determined that the owner had no knowledge of the illegal use of the equipment or if there is insufficient evidence to sustain the burden of showing illegal use of the equipment. Equipment which has not been released by the Attorney General or the party seizing the equipment shall be subject to the orders and decrees of the District Court or the official having jurisdiction thereof.
K. The Attorney General or the party seizing such equipment shall not be held civilly liable for having custody of the seized equipment or proceeding with a forfeiture action as provided for in this section.
L. The proceeds of the sale of any equipment not taken or detained by the Cherokee Nation Marshal Service or the Office of the Attorney General shall be distributed as follows, in the order indicated:
1. To the bona fide or innocent purchaser or conditional sales vendor of the equipment, if any, up to the amount of the person's interest in the equipment, when the Court declaring the forfeiture orders a distribution to such person;
2. To the payment of the actual expenses of preserving the equipment; and
3. The balance to the Marshal Service. Monies from said fund may be used to pay costs for the storage of such equipment if such equipment is ordered released to a bona fide or innocent owner, purchaser, or conditional sales vendor and if such monies are available in said fund.
M. When any equipment is forfeited pursuant to this section, the District Court may order that the equipment seized may be retained by the Marshal Service for its official use.
N. If the Court finds the equipment was not used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in 21 CNCA § 1024.1(B)(1) or child pornography as defined in 21 CNCA § 1024.1(A), the Court shall order the equipment released to the owner.
O. No equipment shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, or by any person other than such owner while such equipment was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.55. Adult cabaret and sexually oriented business exterior advertising signs--Requirements
A. As used in this section:
1. “Adult cabaret” means a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity in the performance of their duties;
2. “Sexually oriented business” means any business which offers its patrons goods of which a substantial portion are sexually oriented materials. Any business where more than ten percent (10%) of display space is used for sexually oriented materials shall be presumed to be a sexually oriented business;
3. “Sexually oriented materials” means any textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way that is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
4. “State of nudity” means the showing of either:
a. the human male or female genitals or pubic area with less than a fully opaque covering, or
b. the female breast with less than a fully opaque covering or any part of the nipple.
B. Except as otherwise provided in this subsection, no billboard or other exterior advertising sign for an adult cabaret or sexually oriented business shall be located within one (1) mile of any state highway. If such a business is located within one (1) mile of a state highway, the business may display a maximum of two exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that minors are not permitted on the premises. The identification sign shall be no more than forty (40) square feet in size and shall include no more than the following information: name, street address, telephone number, and operating hours of the business.
C. Signs existing at the time of the adoption of this section, which do not conform to the requirements of this section, may be allowed to continue as a nonconforming use, but shall be made to conform not later than November 1, 2009.
D. The Attorney General shall represent the state in all actions and proceedings arising from this section. In addition, all costs incurred by the Attorney General to defend or prosecute this section, including payment of all court costs, civil judgments, and, if necessary, any attorney fees, shall be paid from the General Revenue Fund.
E. Any owner of a business who violates the provisions of this section shall be guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1040.75. Definitions
As used in 21 CNCA §§ 1040.75 through 1040.77:
1. “Minor” means any unmarried person under the age of eighteen (18) years;
2. "Harmful to minors" means:
a. that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:
i. the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; and
ii. the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
iii. the material or performance lacks serious literary, scientific, medical, artistic, or political value for minors; or
b. any description, exhibition, presentation or representation, in whatever form, of inappropriate violence.
3. "Inappropriate violence" means any description or representation, in an interactive video game or computer software, of violence which, taken as a whole, has the following characteristics:
a. the average person eighteen (18) years of age or older applying contemporary community standards would find that the interactive video game or computer software is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
b. the interactive video game or computer software lacks serious literary, scientific, medical, artistic, or political value for minors based on, but not limited to, the following criteria:
i. is glamorized or gratuitous;
ii. is graphic violence used to shock or stimulate;
iii. is graphic violence that is not contextually relevant to the material;
iv. is so pervasive that it serves as the thread holding the plot of the material together;
v. trivializes the serious nature of realistic violence;
vi. does not demonstrate the consequences or effects of realistic violence;
vii. uses brutal weapons designed to inflict the maximum amount of pain and damage;
viii. endorses or glorifies torture or excessive weaponry; or
ix. depicts lead characters who resort to violence freely.
4. "Nudity" means the:
a. showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;
b. showing of the female breast with less than a full opaque covering of any portion of the female breast below the top of the nipple; or
c. depiction of covered male genitals in a discernibly turgid state.
5.“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast;
6. “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal;
7. “Sadomasochistic abuse” means flagellation or torture by or upon a person clothed or naked or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed or naked;
8.“Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, CD-ROM disk, Magnetic Disk Memory, Magnetic Tape Memory, video tape, computer software or video game;
9.“CD-ROM” means a compact disk with read only memory which has the capacity to store audio, video and written materials and may be used by computer to play or display materials harmful to minors;
10.“Magnetic Disk Memory” means a memory system that stores and retrieves binary data on record-like metal or plastic disks coated with a magnetic material, including but not limited to floppy diskettes;
11.“Magnetic Tape Memory” means a memory system that stores and retrieves binary data on magnetic recording tape;
12. "Performance" means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
13. "Person" means any individual, partnership, association, corporation, or other legal entity of any kind.
14. "Reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012 LA 07-21, eff. February 22, 2021.
§ 1040.76. Material or performances harmful to minors-Prohibited acts
No person, including but not limited to any persons having custody, control or supervision of any commercial establishment, shall knowingly:
1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material. Provided, however, a person shall be deemed not to have "displayed" material harmful to minors if the material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view;
2. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or
3. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012.
§ 1040.77. Violations-Penalties
Any person convicted of violating any provision of 21 CNCA § 1040.76 shall be guilty of a misdemeanor and shall be fined a sum not exceeding Five Hundred Dollars ($500.00) for the first or second offense. Any person convicted of a third or subsequent violation of any provision of 21 CNCA § 1040.76 shall be guilty of a misdemeanor and fined a sum not exceeding One Thousand Dollars ($1,000.00). Each day that any violation of 21 CNCA § 1040.76 occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act or transaction prohibited by 21 CNCA § 1040.76 shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material as prohibited by 21 CNCA § 1040.76 shall constitute a single offense.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012 LA 07-21, eff. February 22, 2021.
§ 1040.80. Interactive computer service providers--Removal of child pornography--Court orders--Notice and hearing--Violations--Penalties--Petition for relief
A. As used in this section, the term:
1. “Interactive computer service provider” means any provider to the public of computer access via the Internet to a computer server or similar device used for the storage of graphic, video or images;
2. “Internet” means the international computer network of both federal and nonfederal interoperable packet-switched data networks;
3. “Controlled or owned by” with respect to a server or other storage device means a server or other such device that is entirely owned by the interactive computer service provider or is subject to exclusive management by the interactive computer service provider by agreement or otherwise; and
4. “Child pornography” means explicit child pornography as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1024.1&originatingDoc=NAF1B8A00C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>.
B. The Attorney General or a law enforcement officer who receives information that an item of alleged child pornography resides on a server or other storage device controlled or owned by an interactive computer service provider shall:
1. Contact the interactive computer service provider that controls or owns the server or other storage device where the item of alleged child pornography is located;
2. Inform the interactive computer service provider of the provisions of this section; and
3. Request that the interactive computer service provider voluntarily comply with this section and remove the item of alleged child pornography from its server or other storage device expeditiously.
C. 1. If an interactive computer service does not voluntarily remove the item of alleged child pornography in a timely manner, the Attorney General or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child pornography under this section. The obligation to remove the item of alleged child pornography shall not apply to the transmitting or routing of, or the intermediate, temporary storage or caching of an image, information or data that is otherwise subject to this section.
2. The application for a court order shall include:
a. the authority of the applicant to make such an application,
b. the identity and qualifications of the investigative or law enforcement officer or agency that, in the official scope of that officer’s duties or agency’s authority, discovered the images, information, or data,
c. a particular statement of the facts relied upon by the applicant, including:
(1) the identity of the interactive computer service,
(2) identification of the item of alleged child pornography discovered on the server or other storage device controlled or owned by an interactive computer service provider,
(3) the particular images, information, or data to be removed or to which access is to be disabled identified by uniform resource locator (URL) or Internet protocol (IP) address, a statement certifying that such content resides on a server or storage device controlled or owned by such interactive computer service provider, and
(4) the steps taken to obtain voluntary compliance by such interactive computer service provider with the requirements of this act prior to filing the application,
d. such additional testimony and documentary evidence in support of the application as the judge may require, and
e. a showing that there is probable cause to believe that the child pornography items constitutes a violation of this section.
D. The Attorney General shall notify the interactive computer service provider which is identified in the court’s order in accordance with the provisions of this section. The Attorney General shall notify an interactive computer service provider upon the issuance of an order authorizing the removal of the items of alleged child pornography.
1. The notice by the Attorney General shall include:
a. a copy of the application made pursuant to subsection C of this section,
b. a copy of the court order issued pursuant to subsection K of this section,
c. notification that the interactive computer service shall remove the item of alleged child pornography contained in the order which resides on a server or other storage device controlled or owned by such interactive service provider and which are accessible to persons located within this state expeditiously after receipt of the notification,
d. notification of the criminal penalties for failure to remove the item of child pornography,
e. notification of the right to appeal the court’s order, and
f. contact information for the Attorney General’s Office.
2. An interactive computer service may designate an agent within the state to receive notification pursuant to this section.
E. The interactive computer service provider has the right to request a hearing before the court imposes any penalty under this section.
F. Nothing in this section may be construed as imposing a duty on an interactive computer service provider to actively monitor its service or affirmatively seek evidence of illegal activity on its service.
G. Notwithstanding any other provision of law to the contrary, any interactive computer service provider that intentionally violates subsection L of this section commits:
1. A misdemeanor for a first or second offense punishable by a fine of One Thousand Dollars ($1,000.00); and
2. A felony for a third or subsequent offense punishable by a fine of Fifteen Thousand Dollars ($15,000.00) and imprisonment for a maximum of three (3) years.
H. The Attorney General shall have concurrent prosecutorial jurisdiction for violation of this section.
I. The removal of the alleged item of child pornography which resides on a server or other storage device, shall not, to the extent possible, interfere with any request of a law enforcement agency to preserve records or other evidence, which may be kept by the interactive computer service provider in the normal course of business.
J. Upon consideration of an application for authorization to remove the item of alleged child pornography that resides on a server or other storage device controlled or owned by an interactive computer service provider as set forth in subsection C of this section, the judge may enter an ex parte order, as requested or as modified, authorizing the removal of the item of alleged child pornography, if the court determines on the basis of the facts submitted by the applicant that there is or was probable cause for belief that:
1. The item of alleged child pornography constitutes evidence of an act in violation of this section;
2. The investigative or law enforcement officer or agency acted within the official scope of that officer’s duties or agency’s authority, in discovering the images, information, or data and has complied with the requirements of subsection I and subsection K of this section;
3. An item of alleged child pornography resides on the server or other storage device controlled or owned by the interactive computer service provider and is accessible to persons located in the state; and
4. In the case of an application, other than a renewal or extension, for an order removing the item of alleged child pornography which was the subject of a previous order authorizing the removal or disabling of access, the application is based upon new evidence or information different from and in addition to the evidence or information offered to support the prior order.
K. Each order authorizing the removal or disabling of access to an alleged item of child pornography shall contain:
1. The name of the judge authorized to issue the order;
2. A particular description of the images, information, or data to be removed or access to such disabled, identified by a URL or IP address, and a statement of the particular violation of the section to which the images, information, or data relate;
3. The identity of the investigative or law enforcement officer or agency who discovered the images, information, or data and the identity of whoever authorized the application; and
4. Such additional information or instruction as the court deems necessary to execute the order.
L. The court shall review the application and testimony, if offered, and, upon a finding of probable cause, issue an order that:
1. An item of child pornography resides on a server or other storage device controlled by the interactive computer service provider and is accessible to persons located in the state;
2. The interactive computer service provider shall remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider expeditiously after receiving the order, if practical;
3. The order shall specify that removal of any item covered by the order shall be accomplished in a fashion that prevents or minimizes the removal of, or restriction of access to, images, information, or data that are not subject to the order;
4. Failure of the interactive computer service provider to comply with the court’s order is a violation of this section;
5. The removal of the item on the server or other storage device controlled or owned by the interactive computer service provider may not unreasonably interfere with a request by a law enforcement agency to preserve records for a reasonable period and in accordance with law; and
6. Provides the interactive computer service provider notice and opportunity for a hearing before the court imposes any penalty under this subsection.
M. An interactive computer service provider who is served with a court order under subsection L of this section shall remove the item of child pornography that is the subject of the order expeditiously after receiving the court order, if practicable.
N. 1. An interactive service provider may petition the court for relief for cause from an order issued under subsection L of this section.
2. The petition may be based on considerations of:
a. the cost or technical feasibility of compliance with the order, or
b. the inability of the interactive computer service provider to comply with the order without also removing data, images or information that are not subject to this section.
LA 07-21, eff. February 22, 2021.
CHAPTER 40
JUNK DEALERS
Section
1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence
§ 1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence
No person, firm, partnership or corporation shall with malice or without valid business purpose store, accumulate, allow to accumulate, or allow to remain stored or accumulated after receipt of notice as is hereinafter provided, any wrecked or abandoned motor vehicle, or any recyclable or nonrecyclable hulk or part of a motor vehicle within view of any preexisting residence situated outside the territorial limits of any incorporated municipality. Any homeowner aggrieved by any violation of this section may order the removal of any motor vehicle, hulk or part stored in violation hereof upon thirty (30) days' written notice to the owner of the land where such motor vehicle, hulk or part is stored. Upon the failure of the offending party to comply with said order, the aggrieved party may obtain injunctive and mandamus relief for the removal of matter so stored or accumulated from the district court of the county where the residence is situated and, further; shall be entitled to recover reasonable attorneys' fees, court costs and other reasonable expenses of bringing suit.
LA 10-90, eff. November 13, 1990.
CHAPTER 42
PANDERING
Section
1081. Offense defined-Punishment
1082. Part of offense outside of Nation no defense
1083. Injured party as witness
1084. Marriage no defense
1085. Restraining person in house of prostitution a crime
1086. Allowing offense on premises-Punishment
1087. Child under 18 year of age - Procuring for prostitution, lewdness or other indecent act-Punishment
1088. Child under eighteen years of age-Inducing, keeping, detaining or restraining for prostitution-Punishment
§ 1081. Offense defined-Punishment
Any person who shall procure any other person for prostitution, or who, by promise, threats, violence or by any device or scheme shall cause, induce, persuade or encourage another to becomea prostitute; or shall procure a place as inmate in a house of prostitution for a person; or who shall, by promise, threats, violence, or by any device or scheme cause, induce, persuade or encourage an inmate of a house of prostitution to remain therein as such inmate; or who shall, by fraud, or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority procure any person to becomea prostitute, or to enter any place in which prostitution is encouraged or allowed within this Nation, or to come into this Nation or leave this Nation for the purpose of prostitution, or who shall procure any other person, who has not previously practiced prostitution to become a prostitute within this Nation, or to come into this nation or leave this nation for the purpose of prostitution; or shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any person to become an inmate of a house of ill-fame within this Nation, or to come into this Nation or leave this Nation for the purpose of prostitution, shall be guilty of pandering, and upon conviction for any offense under this chapter shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1082. Part of offense outside of Nation no defense
It shall not be a defense to a prosecution for any of the acts prohibited in the foregoing section that any part of such act or acts shall have been committed outside this Nation.
LA 10-90, eff. November 13, 1990.
§ 1083. Injured party as witness
Any such person, referred to in the foregoing sections, shall be a competent witness in any prosecution under this chapter, to testify for or against the accused as to any transaction or as to any conversation with the accused or by him with another person or persons in her presence, notwithstanding the fact of her having married the accused before or after the violation of any of the provisions of this chapter, whether called as a witness during the existence of the marriage or after its dissolution.
LA 10-90, eff. November 13, 1990.
§ 1084. Marriage no defense
The act or state of marriage shall not be a defense to any violation of this chapter.
LA 10-90, eff. November 13, 1990.
§ 1085. Restraining person in house of prostitution a crime
Whoever shall by any means keep, hold, detain, or restrain against their will, any person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly keep, hold, detain or restrain or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any person by any means for the purpose of compelling such person, directly or indirectly to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by such person, shall be guilty of afelony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1086. Allowing offense on premises-Punishment
Any owner, proprietor, keeper, manager, conductor, or other person, who knowingly permits or suffers the violation of any provision of thischapter, in any house, building, room, tent, lot or premises under his control or of which he has possession, upon first conviction, shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year or by imposition of a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such fine and imprisonment. Upon conviction of a subsequent offense, a person in violation of any provision of this chapter shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1087. Child under 18 years of age - Procuring for prostitution-, lewdness or other incecent act - Punishmnet
A. No person shall:
1. Offer, or offer to secure, a child under eighteen (18) years of age for the purpose of prostitution, or for any other lewd or indecent act, or procure or offer to procure a child for, or a place for a child as an inmate in, a house of prostitution or other place where prostitution is practiced;
2. Receive or offer or agree to receive any child under eighteen (18) years of age into any house, place, building, other structure, vehicle, trailer, or other conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose; or
3. Direct, take, or transport, or offer or agree to take or transport, or aid or assist in transporting, any child under eighteen (18) years of age to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation;
B. 1. Any person violating the provisions of subsection (A) of this section shall, upon conviction, be guilty of a felony punishableby imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
2. Any owner, proprietor, keeper, manager, conductor, or other person who knowingly permits any violation of this section in any house, building, room, or other premises or any conveyances under his control or of which he has possession shall, upon conviction for the first offense, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year or by imposition of a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such fine and imprisonment. Upon conviction for a subsequent offense pursuant to this subsection such person shall be guilty of a felony punishableby imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
C. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1088. Child under eighteen years of age-Inducing, keeping, detaining or restraining for prostitution-Punishment
A. No person shall:
1. By promise, threats, violence, or by any device or scheme, including but not limited to the use of any controlled dangerous substance prohibited pursuant to the provisions of the Uniform Controlled Dangerous Substances Act, 21 CNCA § 2101 et seq., cause, induce, persuade, or encourage a child under eighteen (18) years of age to engage or continue to engage in prostitution or to become or remain an inmate of a house of prostitution or other place where prostitution is practiced;
2. Keep, hold, detain, restrain, or compel against his or her will, any child under eighteen (18) years of age to engage in the practice of prostitution or in a house of prostitution or other place where prostitution is practiced or allowed;
3. Directly or indirectly keep, hold, detain, restrain, or compel or attempt to keep, hold, detain, restrain, or compel a child under eighteen (18) years of age to engage in the practice of prostitution or in a house of prostitution or any place where prostitution is practiced or allowed for the purpose of compelling such child to directly or indirectly pay, liquidate, or cancel any debt, dues, or obligations incurred, or said to have been incurred by such child.
B. 1. Any person violating the provisions of this section, upon conviction, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
2. Any owner, proprietor, keeper, manager, conductor, or other person who knowingly permits a violation of this section in any house, building, room, tent, lot or premises under his control or of which he has possession, upon conviction for the offense, upon conviction for the first offense, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year or by imposition of a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such fine and imprisonment. Upon conviction for a subsequent offense pursuant to this subsection such person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
C. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
CHAPTER 43
PAWNBROKERS
Section
1092. Refusing to exhibit stolen goods
1093. Selling pledge before default
§ 1092. Refusing to exhibit stolen goods
Any pawnbroker or person carrying on the business of a pawnbroker, and every junk dealer, who having received any goods which have been embezzled or stolen, refuses or omits to exhibit them, upon demand, during the usual business hours, to the owner of said goods or his agent authorized to demand an inspection thereof, or any peace officer, shall be guilty of a felony.
LA 07-21, eff. February 22, 2021.
§ 1093. Selling pledge before default
Every pawnbroker who sells any article received by him in pledge, before the time to redeem the same has expired, and every pawnbroker who willfully refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
CHAPTER 45
RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN AND SEDUCTION
Section
1111. Rape defined
1111.1 Rape by instrumentation
1112. Age limitations on conviction for rape
1113. Slight penetration is sufficient to complete crime
1114. Rape in first degree--Second degree
1115. Punishment for rape in first degree or second degree
1116. Punishment for rape in second degree
1117. Compelling person to marry
1118. Intent to compel woman to marry
1119. Abduction of person under fifteen
1123. Lewd or indecent proposals or acts as to child under eighteen
1123.1. Sexual battery
1124. Using computer networks to violate Cherokee Nation statutes
1125. Zone of safety-Schools, child care centers, playgrounds, parks, and residences of victims-Restrictions on convicted sex offenders-Exemptions
§ 1111. Rape defined
A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished under any of the following circumstances:
1.Where the victim is under sixteen (16) years of age;
2.Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, or giving legal consent;
3.Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
4.Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
5.Where the victim is unconscious of the nature of the act and this fact is known to the accused; or
6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape.
7. Where the victim is under the legal custody or supervision of the Cherokee Nation, other tribal, state, municipal, other governmental subdivision, or federal agency and engages in sexual intercourse with a Cherokee Nation, other tribal, state, municipal, other governmental subdivision, or federal employee that exercises authority over the victim;
8. Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system;
9. Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant; or
10. Where the victim is at least sixteen (16) years of age but less than eighteen (18) years of age and the perpetrator of the crime is a person responsible for the child's health, safety or welfare. “Person responsible for a child's health, safety or welfare” shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care facility.
B. Rape is an act of sexual intercourse accomplished if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1111.1. Rape by instrumentation
A. Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.
B. Provided, further, that at least one of the circumstances specified in Section 1111 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1111&originatingDoc=N8DC23F20C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title has been met; further, where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of the same school system, or where the victim is under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, consent shall not be an element of the crime.
C. Provided, further, that at least one of the circumstances specified in Section 1111 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1111&originatingDoc=N8DC23F20C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title has been met; further, where the victim is nineteen (19) years of age or younger and in the legal custody of a state agency, federal agency or tribal court and engages in conduct prohibited by this section of law with a foster parent or foster parent applicant.
D. Any person in violation of the section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et. seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1112. Age limitations on conviction for rape
No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.
LA 07-21, eff. February 22, 2021.
§ 1113. Slight penetration is sufficient to complete crime
The essential guilt of rape or rape by instrumentation, except with the consent of a male or female over fourteen (14) years of age, consists in the outrage to the person and feelings of the victim. Any sexual penetration, however slight, is sufficient to complete the crime.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2013, LA 07-21, eff. February 22, 2021.
§ 1114. Rape in first degree--Second degree
A. Rape or rape by instrumentation in the first degree shall include:
1. Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age;
2. Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;
3. Rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
4. Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
5. Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
6. Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime.
B. In all other cases, rape is rape in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1115 Punishment for rape in first degree or second degree
Rape in the first degree is a felony punishable by a term of imprisonment not to exceed three (3) years or by imposition of a fine in an amount not the exceed Fifteen Thousand Dollars ($15,000), or by both such fine an imprisonment, provided that any sentence shall include a term of imprisonment. Any person in violation of the chapter shall be required to register as a sex offender pursuant to 57 CNCA § 1 et. seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1116. Punishment for rape in second degree
Rape in the second degree is a crime.
LA 10-90, eff. November 13, 1990.
§ 1117. Compelling person to marry
Any person who takes any person against his or her will, and by force, menace or duress, compels him or her to marry him or her or to marry any other person, is guilty of a felony punishable by a term of imprisonment not to exceed three (3) years or by imposition of a fine in an amount not the exceed Fifteen Thousand Dollars ($15,000), or by both such fine an imprisonment.
LA 10-90, eff. November 13, 1990 LA 07-21, eff. February 22, 2021,.
§ 1118. Intent to compel woman to marry
Any person who takes any woman unlawfully against her will, with the intent to compel her by force, menace or duress to marry him, or to marry any other person, is guilty of a felony punishable by a term of imprisonment not to exceed three (3) years or by imposition of a fine in an amount not the exceed Fifteen Thousand Dollars ($15,000), or by both such fine an imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1119. Abduction of person under fifteen
Every person who takes away or induces to leave any person under the age of fifteen (15) years, from a parent, guardian or other person having the legal charge of the person, without the consent of said parent, guardian, or other person having legal charge, for the purpose of marriage or concubinage, or any crime involving moral turpitude shall be guilty of a felony punishable by a term of imprisonment not to exceed three (3) years or by imposition of a fine in an amount not the exceed Fifteen Thousand Dollars ($15,000), or by both such fine an imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2013, LA 07-21, eff. February 22, 2021.
§ 1123. Lewd or indecent proposals or acts as to child under eighteen
A. It is a felony for any person to knowingly and intentionally:
1. make any oral, written, or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or
2. look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or
3. ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
4. in any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or
5. in a lewd or lascivious manner and for the purposes of sexual gratification:
a. urinate or defecate upon a child under sixteen (16) years of age, or force or require a child to defecate or urinate upon the body or private parts of another, or for the purpose of sexual gratification;
b. ejaculate upon or in the presence of a child;
c. cause, expose, force or require a child to look upon the body or private parts of another person;
d. force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by 21 CNCA § 1024.1 and 21 CNCA § 1040.75;
e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child; or
f. force or require a child to touch or feel the body or private parts of said child or another person,
B. No person shall commit sexual battery on any other person. “Sexual battery” shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner:
1. Without the consent of that person;
2. When committed by a Cherokee Nation, state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the Cherokee Nation, state, a county, a municipality or political subdivision upon a person who is under the legal custody, supervision or authority of a Cherokee Nation or state agency, a county, a municipality or a political subdivision of this state, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision of this state;
3. When committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of the same school system that the victim attends; or
4. When committed upon a person who is nineteen (19) years of age or younger and is in the legal custody of a Cherokee Nation agency, federal agency or a tribal court, by a foster parent or foster parent applicant.
As used in this subsection, “employee of the same school system” means a teacher, principal or other duly appointed person employed by a school system or an employee of a firm contracting with a school system who exercises authority over the victim.
C. No person shall in any manner lewdly or lasciviously:
1. Look upon, touch, maul, or feel the body or private parts of any human corpse in any indecent manner relating to sexual matters or sexual interest; or
2. Urinate, defecate or ejaculate upon any human corpse.
D. Any person convicted of a violation of subsection B or C of this section shall be deemed guilty of a felony.
E. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.
F. Any person in violation of the section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et. seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
G. Any parent or person responsible for the child's health, safety or welfare who violates subsection A, B or C of this section when the victim is at least sixteen (16) years of age but less than eighteen (18) years of age, upon conviction, shall be guilty of a felony. For purposes of this section, “person responsible for a child's health, safety or welfare” shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private residential home, institution, facility or day treatment program, or
h. an owner, operator or employee of a child care facility.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2013, LA 07-21, eff. February 22, 2021.
§ 1123.1. Sexual battery
A. No person shall commit sexual battery on any other person. "Sexual battery" shall mean the intentional touching, mauling or feeling of the body or private parts, in a lewd and lascivious manner, of:
1. a victim under the age of 14 years of age; or
2. a victim age 14 or older but who has not yet attained the age of 16, except when:
a. the victim otherwise consents, and
b. the accused is not required to register as a sex offender, and
c. the accused is less than 19 years of age or the accused is married to the victim; or
3. any person without the victim's consent when the victim is over age sixteen (16) years, or
4. any person who is a student, or under the legal custody, supervision, or authority of any public or private elementary or secondary school, junior high or high school, or public vocational school, or any Cherokee Nation agency and the accused is a person who is an employee or official of the same school system or Cherokee Nation agency or otherwise exercises power as an official over the school system or Cherokee Nation agency regardless of the ages of the victim and the accused.
B. Any person convicted of violating this section is guilty of a crime punishable pursuant to 21 CNCA § 10, provided that such sentence must include a term of imprisonment Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment. Any person convicted of a second or subsequent violation of this section shall not be eligible for any form of probation.
C. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2013.
§ 1124. Using computer networks to violate Cherokee Nation statutes
No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of Cherokee Nation statutes. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year or by imposition of a fine in an amount no the exceed Five Thousand Dollars ($5,000), or by both such fine and imprisonment.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2013, LA 07-21, eff. February 22, 2021
§ 1125. Zone of safety - Schools, child care centers, playgrounds, parks, and residences of victims - Restrictions on convicted sext offenders - Exemptions
A. A zone of safety is hereby created around elementary, junior high, and high schools, licensed child care centers, playgrounds, parks, or the residence of a victim of a sex crime.
1. A person is prohibited from loitering within five hundred (500) feet of any elementary, junior high, or high school, licensed child carecenter, playground, or park if the person has been convicted of a crime that requires the person to register pursuant to the Sex Offenders Registration and Notification Act, 57 CNCA § 1 et seq., or the person has been convicted of an offense in another jurisdiction, which offense if committed or attempted in the Cherokee Nation, would have been punishable as one or more of the offenses listed in 57 CNCA § 4 and the victim was a child under the age of sixteen (16) years.
2. A person is prohibited from entering any park if:
a. the person has been designated as a habitual or aggravated sex offender as provided in 57 CNCA § 1 et seq., or
b. the person has been convicted of an offense in another jurisdiction, which offense, if committed or attempted in this state, would designate the person as a habitual or aggravated sex offender as provided in 57 CNCA § 1 et seq.
3. A person is prohibited from loitering within one thousand (1,000) feet of the residence of his or her victim if:
a. the person who committed a sex crime against the victim has been convicted of said crime, and
b. the person is required to register pursuant to the Sex Offenders Registration Act.
B. A person convicted of a violation of subsection (A) of this section shall be guilty of a felony punishable by a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment for a term not to exceed three (3) years, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation of subsection A of this section shall be punished by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a term not to exceed three (3) years, or by both such fine and imprisonment. This proscription of conduct shall not modify or remove any restrictions currently applicable to the person by court order, conditions of probation or as provided by other provision of law.
C. 1. A person shall be exempt from the prohibition of this section regarding a school or a licensed or permitted child care facility only under the following circumstances and limited to a reasonable amount of time to complete such tasks:
a. the person is the custodial parent or legal guardian of a child who is an enrolled student at the school or child care facility; and
b. the person is enrolling, delivering or retrieving such child at the school or licensed or permitted child care center during regular school or facility hours or for school-sanctioned or licensed-or-permitted-child-care-center-sanctioned extracurricular activities.
Prior to entering the zone of safety for the purposes listed in this paragraph, the person shall inform school or child care center administrators of his or her status as a registered sex offender. The person shall update monthly, or as often as required by the school or center, information about the specific times the person will be within the zone of safety as established by this section.
2. This exception shall not be construed to modify or remove any restrictions applicable to the person by court order, conditions of probation, or as provided by other provision of law.
D. The provisions of subsection (A) of this section shall not apply to any person receiving medical treatment at a hospital or other facility certified or licensed by any government to provide medical services. As used in this subsection, “medical treatment” shall not include any form of psychological, social or rehabilitative counseling services or treatment programs for sex offenders.
E. Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to the Sex Offender Registration and Notification Act, from attending a recognized church or religious denomination for worship; provided, the person has notified the religious leader of his or her status as a registered sex offender and the person has been granted written permission by the religious leader.
F. As used in this section, “park” means any outdoor public area specifically designated as being used for recreational purposes that is operated or supported in whole or in part by a homeowners’ association or a city, town, county, state, federal or tribal governmental authority.
LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2013, LA 07-21, eff. February 22, 2021.
CHAPTER 46
DOMESTIC ABUSE
Section
1130. Domestic abuse assault and battery-Definition
1131. Domestic abuse assault and battery-Punishment
1132. Assault and battery domestic abuse by strangulation-Definition
1133. Domestic abuse strangulation-Punishment
1134. Stalking
Historical and Statutory Notes
2018 Legislation
LA 12-18, Section 2, provides:
"Section 2. Purpose. The purpose of this Act is to recognize domestic violence as serious crime against society and the Cherokee Nation and to provide victims of domestic violence the maximum protection from further violence. It is the intent of the Council of the Cherokee Nation that the official response to domestic violence shall be that the Nation will not tolerate or excuse violent behavior under any circumstances. All people, whether they are elders, male, female, or children of our Nation and communities are to be cherished and treated with respect. Domestic violence is not acceptable and is contrary to traditional Cherokee culture and values honoring the family and is contrary to the interest of our Nation and sense of well-being. Domestic violence will not be tolerated.
The Tribal Council recognizes that according to a recent United States Department of Justice study, that more than half (55%) of Native women have experienced physical violence by an intimate partner in their lifetimes and 90% of these victims report being victimized by a non-Indian perpetrator. Overall, Native women are five times as likely as non-Hispanic white women to have experienced physical violence by an inter-racial intimate partner. In Oklahoma, according to statistics from the U.S. Census Bureau, the average percentage of non-Indians living within the jurisdiction of the Cherokee Nation is approximately 82%.
A community response to domestic violence is necessary because domestic violence crimes impact the community as a whole. These crimes redirect tribal resources-whether personnel, financial, public safety or other resources-elsewhere and require an immediate response. As a result of this impact on the Nation's resources, the Tribal Council deems it necessary to address domestic violence and family violence to the fullest extent permitted by existing law or as may be adopted or amended in the future.
This Act the Cherokee Nation Code Annotated to conform to the requirements of the Violence Against Women Act (VAWA) of 2013 as authorized by Congress and codified at 25 U.S.C. 1304. This act authorizes special domestic violence criminal jurisdiction over non-Indians who commit domestic violence, dating violence, or a violation of a protection order. This act shall amend portions of Titles 21 and 22 of the Cherokee Nation Code Annotated."
§ 1130. Domestic violence assault and battery-Definition
Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or who has been in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of the crime of domestic violence assault and battery.
LA 29-06, eff. December 20, 2006. Amended LA 12-18, eff. June 13, 2018.
§ 1131. Domestic violence assault and battery-Punishment
A. Domestic violence assault and battery shall be punishable by imprisonment in a penal institution not exceeding one (1) year, or by a fine of not more than Five Thousand Dollars ($5,000.00), or both, at the discretion of the Court.
B. Any person convicted of domestic violence as defined in this provision, that was committed in the presence of a child shall be punished by imprisonment in a penal institution not less than six (6) months nor more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
C. Any person who is convicted of a second or subsequent domestic violence assault and battery offense shall be punished by imprisonment in a penal institution not exceeding three (3) years, or by fine of not more than Fifteen Thousand Dollars ($15,000.00), or both such fine and imprisonment at the discretion of the Court.
D. For every conviction of domestic violence, the Court shall:
1. specifically order as a condition of a deferred or suspended sentence or probation that a defendant participate in batterer's treatment; or
2. require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse-counseling program approved by the Court, If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend and complete the program and be evaluated before and after attendance of the program by a program counselor or a private counselor.
E. A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this section. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant (whether or not defendant evaluates as a perpetrator of domestic violence) should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional.
F. The Court shall set review hearings within one hundred twenty (120) days to ensure that the defendant attends and fully complies with the provisions of this section and the domestic abuse counseling or treatment requirements. The defendant shall be required to be present at the review hearing. Defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the Court. The victim may attend but is not required to do so.
G. The Court shall set a final review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of Cherokee law. The Court shall retain continuing jurisdiction over the defendant during the course of ordered counseling through the final review hearing.
H. The Court may set interim review, follow-up post-completion review, or other review hearings as the Court determines necessary to assure the defendant attends and fully complies with the provisions of this section and the domestic abuse counseling or treatment requirements. After the initial review hearing referenced in subsection (F), the Court may waive Defendant's appearance at reviews or compel Defendant's attendance at reviews. The Court may review progress reports on the defendant from individual counseling, domestic abuse counseling, or the treatment program without appearances.
I. At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, or is not making progress in treatment, the Court may:
1. order the defendant to further or continue counseling, treatment, or other necessary services; and
2. revoke all or any part of a suspended sentence, deferred sentence, or probation; and
3. subject the defendant to any or all remaining portions of the original sentence.
J. Nothing in this provision shall prohibit the Presiding Judge of the District Court from appointing and compensating a Special Master to hear all or designated cases set for review under this section.
K. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the Court.
L. Penalty enhancement-For the purposes of this section, any former conviction in any jurisdiction for assault and battery against any current or former spouse, any present spouse of a former spouse, parents, any foster parent, any child, any person otherwise related by blood or marriage, any person with whom the defendant is in a dating relationship, any individual with whom the defendant has had a child, any person who formerly lived in the same household as the defendant, or any person living in the same household as the defendant, shall constitute a sufficient basis for an enhanced penalty under subsection (C) of this section as a second or subsequent offense.
M. In addition to any other civil or criminal penalty that may be sentenced, the court may order the defendant to pay the victim restitution the full amount of the victim's losses as determined by the court to include:
1. Medical services relating to the physical, psychiatric, or psychological care;
2. Physical and occupational therapy or rehabilitation;
3. Necessary transportation, temporary housing, and child care expenses;
4. Lost income;
5. Attorneys' fees, plus any costs incurred in obtaining a civil protection order; and
6. Any other losses suffered by the victim as approximate result of the offense.
LA 29-06, eff. December 20, 2006. Amended LA 10-13, eff. April 13, 2013; LA 12-18, eff. June 13, 2018.
§ 1132. Assault and battery domestic violence by strangulation-Definition
Any person who commits any assault or assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, parent, a foster parent, child, person otherwise related by blood or marriage, a person with whom the defendant is or who has been in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, shall upon conviction, be guilty of the felony of domestic abuse by strangulation. As used in this subsection “strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.
LA 29-06, eff. December 20, 2006. Amended LA 12-18, eff. June 13, 2018, LA 02-22, eff. January 11, 2022.
§ 1133. Domestic abuse strangulation-Punishment
Upon conviction of domestic abuse by strangulation, defendant shall be punished by incarceration for a period of not less than one (1) year but no more than three (3) years, or by a fine of not more than Five Thousand Dollars ($5,000.00) plus restitution, or by both such fine and incarceration. Upon a second or subsequent conviction, the defendant shall be punished by imprisonment for a period of not less than three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment. Provided, the prosecutor may refer such case for federal prosecution on a first offense or a second or subsequent offense.
LA 29-06, eff. December 20, 2006. Amended LA 10-13, eff. April 13, 2013.
§ 1134. Stalking
A. Definitions. For purposes of this section:
1. "Course of conduct" means a pattern of conduct composed of a series of two (2) or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
2. "Emotional distress" means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling.
3. "Harasses" means conduct directed toward a person that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
4. "Member of the immediate family" means any spouse, parent, Child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who has regularly resided in the household within the prior six (6) months.
5. "Unconsented contact" means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:
a. following or appearing within the sight of that individual;
b. approaching or confronting that individual in a public place or on private property;
c. appearing at the work place or residence of that individual;
d. entering onto or remaining on property owned, leased, or occupied by that individual;
e. contacting that individual by telephone;
f. sending mail or electronic communications to that individual; and
g. placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
B. Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:
1. would cause a reasonable person or a member of the immediate family of that person as defined in subsection (F) below to feel frightened, intimidated, threatened, harassed, or molested; or
2. actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested, upon conviction, shall be guilty of the crime of stalking which is punishable by a fine of not more than Five Thousand Dollars ($5,000.00), by imprisonment for not more than one (1) year, or both.
C. Any person who violates the above provisions when any of the following conditions exist at the time of the offense shall be guilty of a separate offense which is punishable by a fine of not more than Five Thousand Dollars ($5,000.00), by imprisonment for a term not exceeding three (3) years, or both:
1. there is a temporary restraining order, a protective order, emergency ex parte order or an injunction in effect prohibiting the behavior described in this section against the same party, when the person violating such provisions has actual notice of the issuance of such order or injunction;
2. said person is on probation or parole, a condition of which prohibits the behavior described in this section against the same party; or
3. said person, within ten (10) years preceding the violation of this section, completed the execution of sentence or conviction of a crime involving the use or threat of violence against the same party, or against a member of the immediate family of such party.
D. Any person who is convicted of a second act of stalking within ten (10) years of the completion of sentence for a prior conviction under this section shall be punished by a fine of not more than Fifteen Thousand Dollars ($15,000.00), by imprisonment for a term not exceeding three (3) years, or both.
E. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
LA 10-13, eff. April 13, 2013.
CHAPTER 47
VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD
Section
1151. Disposal of one's own body
1151a. Forfeiture of right to dispose of body of decedent
1152. Duty of burial
1153. Burial in other states
1154. Autopsy-Definition-When allowed-Retention of tissue and specimens
1155. Unlawful dissection is a misdemeanor
1156. Remains after dissection
1157. Dead limb or member of body
1158. Right to control disposition of
1158a. Court authority to award the right of disposition of body of decedent
1158b. Funeral service agreements-Instructions
1158c. Funeral directors--Final disposition--Collection of charges
1158d. Funeral director--Criminal and civil liability
1159. Neglect of burial
1160. Persons entitled to custody of body
1161. Unlawful removal of dead body-Violation of or damage to casket or burial vault
1161.1. Desecration of a human corpse--Penalty--Prosecution with other offenses-Definition
1162. Purchasing dead body
1163. Unlawful interference with places of burial
1164. Removal to another burial place
1165. Arresting or attaching dead body
1166. Disturbing funerals
1167. Destruction, mutilation, etc. of cemetery structures, markers, etc.-Sale or barter of veteran markers
HUMAN SKELETAL REMAINS AND BURIAL FURNITURE
1168. Definitions
1168.1. Buying, selling, transporting or bartering for profit of human skeletal remains or associated burial furniture-Crime
1168.2. Certain institutions and museums to consult tribal leaders or certain Nation entities before disposition of remains
1168.3. Display of open burial ground, furniture or skeletal remains for profit or commercial enterprise
1168.4. Discovery of remains or furniture-Reporting and notification procedure
1168.5. Designation of repository for remains and furniture for scientific purposes
1168.6. Penalties
§ 1151. Disposal of one's own body
A. Any person has the right to direct the manner in which his or her body shall be disposed of after death, and to direct the manner in which any part of his or her body which becomes separated therefrom during his or her lifetime shall be disposed of. The provisions of Section 1151 et seq. of this chapter do not apply where such person has given directions for the disposal of his or her body or any part thereof inconsistent with these provisions.
B. A person may assign the right to direct the manner in which his or her body shall be disposed of after death by executing a sworn affidavit stating the assignment of the right and the name of the person or persons to whom the right has been assigned.
C. If the decedent died while serving in any branch of the United States Armed Forces, the United States Reserve Forces or the National Guard, and completed a United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, the person authorized by the decedent pursuant to that form shall have the right to bury the decedent or to provide other funeral and disposition arrangements, including but not limited to cremation.
D. Any person who knowingly fails to follow the directions as to the manner in which the body of a person shall be disposed of pursuant to subsection A, B or C of this section, upon conviction thereof, shall be guilty of a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00).
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1151a. Forfeiture of right to dispose of body of decedent
Any person entitled by law to the right to dispose of the body of the decedent shall forfeit that right, and the right shall be passed on to the next qualifying person as listed in Section 1158 of Title 21 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1158&originatingDoc=N765428C0BF0A11E09EB7D49CD7C7A6AE&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, in the following circumstances:
1. Any person charged with first or second degree murder or voluntary manslaughter in connection with the death of the decedent, and whose charges are known to the funeral director; provided, however that if the charges against such person are dropped, or if such person is acquitted of the charges, the right of disposition shall be returned to the person;
2. Any person who does not exercise the right of disposition within three (3) days of notification of the death of the decedent or within five (5) days of the death of the decedent, whichever is earlier; or
3. If the district court, pursuant to Title 58 of the Oklahoma Statutes, determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this paragraph, “estranged” means a physical and emotional separation from the decedent at the time of death that clearly demonstrates an absence of due affection, trust and regard for the decedent.
LA 07-21, eff. February 22, 2021
§ 1152. Duty of burial
Except in the cases in which a right to dissect a dead body is expressly conferred by law, every dead body of a human being must be decently buried within a reasonable time after the death.
LA 10-90, eff. November 13, 1990.
§ 1153. Burial in other states
The last section does not affect the right to carry the dead body of a human being through this Nation, or to remove from this Nation the body of a person dying within it, for the purpose of burying the same in another state or territory.
LA 10-90, eff. November 13, 1990.
§ 1154. Autopsy-Definition-When allowed - Retention of tissue and specimens
A. Autopsy means a post-mortem dissection of a dead human body in order to determine the cause, seat or nature of disease or injury and includes, but is not limited to, the retention of tissues for evidentiary, identification, diagnostic, scientific and therapeutic purposes.
B. An autopsy may be performed on the dead body of a human being in the following cases:
1. In cases authorized by positive enactment of the Council;
2. Whenever the death occurs under circumstances in which the medical examiner is authorized as provided in Title 63 of the Oklahoma Statutes to conduct such autopsy; or
3. Whenever consent is given to a licensed physician to conduct an autopsy on the body of a deceased person by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If two (2) or more such persons assume custody of the body, the consent of one (1) of them shall be deemed sufficient.
C. 1. Any physician or hospital authorized to perform an autopsy pursuant to this section, whether by statutory authority or by consent from a person entitled to assume custody of the body for burial, shall be and is authorized to retain such tissue and specimens as the examining physician deems proper. Such tissue and specimens may be retained for examination, dissection or study in furtherance of determining the cause of death, or for evidentiary, diagnostic, or scientific purposes. Except with regard to medical examiners and the Office of the Chief Medical Examiner, this provision shall not apply if a person entitled to assume custody of the body for burial notifies the physician or hospital performing the autopsy prior to said autopsy of any objection to the retention of tissue and specimens obtained from the autopsy.
2. No physician or hospital authorized to perform an autopsy pursuant to this section shall be subject to criminal or civil liability for the retention, examination, dissection, or study of tissue and specimens obtained from said autopsy under existing laws regarding the prevention of mutilation of dead bodies.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1155. Unlawful dissection is a misdemeanor
Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law, or in pursuance of a permission given by the deceased, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990.
§ 1156. Remains after dissection
In all cases in which a dissection has been made, the provisions of this chapter requiring the burial of a dead body, and punishing interference with or injuries to a dead body, apply equally to the remains of the body dissected as soon as the lawful purposes of such dissection have been accomplished.
LA 10-90, eff. November 13, 1990.
§ 1157. Dead limb or member of body
All provisions of this chapter requiring the burial of a dead body, or punishing interference with or injuries to a dead body, apply equally to any dead limb or member of a human body, separated therefrom during lifetime.
LA 10-90, eff. November 13, 1990.
§ 1158. Right to control disposition
the remains of a deceased person:
The right to control the disposition of the remains of a deceased person, the location, manner and conditions of disposition, and arrangements for funeral goods and services vests in the following order, provided the person is eighteen (18) years of age or older and of sound mind:
1. The decedent, provided the decedent has entered into a pre-need funeral services contract or executed a written document that meets the requirements of the State of Oklahoma;
2. A representative appointed by the decedent by means of an executed and witnessed written document meeting the requirements of the State of Oklahoma;
3. The surviving spouse;
4. The sole surviving adult child of the decedent whose whereabouts is reasonably ascertained or if there is more than one adult child of the decedent, the majority of the surviving adult children whose whereabouts are reasonably ascertained;
5. The surviving parent or parents of the decedent, whose whereabouts are reasonably ascertained;
6. The surviving adult brother or sister of the decedent whose whereabouts is reasonably ascertained, or if there is more than one adult sibling of the decedent, the majority of the adult surviving siblings, whose whereabouts are reasonably ascertained;
7. The guardian of the person of the decedent at the time of the death of the decedent, if one had been appointed;
8. The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition;
9. If the decedent was an indigent person or other person the final disposition of whose body is the financial responsibility of the state or a political subdivision of the state, the public officer or employee responsible for arranging the final disposition of the remains of the decedent; and
10. In the absence of any person under paragraphs 1 through 9 of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the remains of the decedent, including the personal representative of the estate of the decedent or the funeral director with custody of the body, after attesting in writing that a good-faith effort has been made to no avail to contact the individuals under paragraphs 1 through 9 of this section.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1158a. Court authority to award the right of disposition of body of decedent
The district court may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the remains of the decedent if those sharing the right of disposition cannot agree. The following provisions shall apply to the determination of the court under this section:
1. If the persons holding the right of disposition are two or more persons with the same relationship to the decedent and cannot, by majority vote, make a decision regarding the disposition of the remains of the decedent, any of the persons or a funeral director with custody of the remains may file a petition asking the district court to make a determination in the matter;
2. In making a determination under this section, the district court shall consider the following:
a. the reasonableness and practicality of the proposed funeral arrangements and disposition,
b. the degree of the personal relationship between the decedent and each person claiming the right of disposition,
c. the desires of the person or persons who are ready, willing and able to pay the cost of the funeral arrangements and disposition,
d. the convenience and needs of other families and friends wishing to pay respects,
e. the desires of the decedent, and
f. the degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect;
3. In the event of a dispute regarding the right of disposition, a funeral director shall not be liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral director receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral director retains the remains for final disposition while the parties are in disagreement, the funeral director may embalm, refrigerate, or shelter the body in order to preserve it while awaiting the final decision of the district court and may add the cost of embalming, refrigeration or sheltering to the final disposition costs. If a funeral director brings an action under this section, the funeral director may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. This section shall not be construed to require or to impose a duty on a funeral director to bring an action under this section. A funeral director shall not be held criminally or civilly liable for choosing not to bring an action under this section; and
4. Except to the degree it may be considered by the district court under subparagraph c of paragraph 2 of this section, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.
LA 07-21, eff. February 22, 2021
§ 1158b. Funeral service agreements--Instructions
Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the authority of the person to order such disposition. A funeral establishment shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons who the funeral director reasonably believes holds the right of disposition. The funeral director shall have no responsibility to contact or to independently investigate the existence of any next of kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral director has no knowledge of any objection by other members of such class, the funeral director shall be entitled to rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements; provided that no other person in such class provides written notice of objections to the funeral director.
LA 07-21, eff. February 22, 2021
§ 1158c. Funeral directors--Final disposition--Collection of charges
A funeral director shall have complete authority to control the final disposition and to proceed under this act to recover reasonable charges for the final disposition when both of the following apply:
1. The funeral director has actual knowledge that none of the persons described in paragraphs 1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1158&originatingDoc=N02F3C330BF0B11E09EB7D49CD7C7A6AE&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> through 7 of Section 1158 of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1158&originatingDoc=N02F3C330BF0B11E09EB7D49CD7C7A6AE&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title exist or that none of the persons so described whose whereabouts are reasonably ascertained, can be found; and
2. The appropriate public or court authority fails to assume responsibility for disposition of the remains within thirty-six (36) hours after having been given written notice of the facts. Written notice may be delivered by hand, United States mail, facsimile transmission or electronic mail.
LA 07-21, eff. February 22, 2021
§ 1158d. Funeral director--Criminal and civil liability
No funeral establishment or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.
LA 07-21, eff. February 22, 2021
§ 1159. Neglect of burial
Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of amisdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1160. Persons entitled to custody of body
The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it, except that in the cases in which an inquest is required by law to be held upon a dead body, the officer holding the inquest is entitled to its custody until such inquest has been completed.
LA 10-90, eff. November 13, 1990.
§ 1161. Unlawful removal of dead body-Violation of or damage to casket or burial vault
A. No person shall intentionally remove the dead body of a human being or any part thereof from the initial site where such dead body is located for any purpose, unless such removal is authorized by a prosecutor or his authorized representative or medical examiner or his authorized representative, or is not required to be investigated pursuant to the provisions ofSection 938 of Title 63 of the Oklahoma Statutes, said authorization by the prosecutor or medical examiner shall not be required prior to the removal of said body. A prosecutor having jurisdiction may refuse to prosecute a violation of this subsection if the prosecutor determines that circumstances existed which would justify such removal or that such removal was not an act of malice or wantonness.
B. No person shall remove any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it without authority of law, or from malice or wantonness.
C. No person shall willfully or with malicious intent violate or cause damage to the casket or burial vault holding the deceased human remains.
D. Any person convicted of violating any of the provisions of this section shall be guilty of afelony and shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1161.1. Desecration of a human corpse--Penalty--Prosecution with other offenses-Definition
A. It is unlawful for any person to knowingly and willfully desecrate a human corpse for any purpose of:
1. Tampering with the evidence of a crime;
2. Camouflaging the death of human being;
3. Disposing of a dead body;
4. Impeding or prohibiting the detection, investigation or prosecution of a crime;
5. Altering, inhibiting or concealing the identification of a dead body, a crime victim, or a criminal offender; or
6. Disrupting, prohibiting or interfering with any law enforcement agency or the Office of the State Medical Examiner in detecting, investigating, examining, determining, identifying or processing a dead body, cause of death, the scene where a dead body is found, or any forensic examination or investigation relating to a dead body or a crime.
B. Upon conviction, the violator of any provision of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than seven (7) years, by a fine not exceeding Eight Thousand Dollars ($8,000.00), or by both such fine and imprisonment.
C. This offense may be prosecuted in addition to any prosecution pursuant to Section 1161 of Title 21 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1161&originatingDoc=N6E9A5B303C9B11DDA263A2C12D6D55D7&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> for removal of a dead body or any other criminal offense.
D. For purposes of this section, “desecration of a human corpse” means any act committed after the death of a human being including, but not limited to, dismemberment, disfigurement, mutilation, burning, or any act committed to cause the dead body to be devoured, scattered or dissipated; except, those procedures performed by a state agency or licensed authority in due course of its duties and responsibilities for forensic examination, gathering or removing crime scene evidence, presentation or preservation of evidence, dead body identification, cause of death, autopsy, cremation or burial, organ donation, use of a cadaver for medical educational purposes, or other necessary procedures to identify, remove or dispose of a dead body by the proper authority.
LA 07-21, eff. February 22, 2021
§ 1162. Purchasing dead body
Whoever purchases, or who receives, except for the purpose of burial, any dead body of a human being, knowing the same has been removed contrary Section 1161 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1161&originatingDoc=N982FECA0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1163. Unlawful interference with places of burial
Any person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any building wherein any dead body of a human being is deposited while awaiting burial, with intent either:
a. To remove any dead body of a human being for the purpose of selling the same, or for the purpose of dissection; or
b. To steal the coffin, or any part thereof or anything attached thereto, or connected therewith, or the vestments or other articles buried with the same, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1164. Removal to another burial place
Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another, the right and duty to disinter, remove and rebury the remains of bodies there lying buried devolves upon the same persons required to bury the deceased in the order in which they there are named, and if they all fail to act, then upon the lawful custodians of the place of burial so removed. Every omission of such duty is punishable in the same manner as other omissions to perform the duty of making burial.
LA 10-90, eff. November 13, 1990.
§ 1165. Arresting or attaching dead body
Every person who arrests or attaches any dead body of a human being upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1166. Disturbing funerals
Every person who willfully disturbs, interrupts or disquiets any assemblage of people met for the purpose of any funeral, or who, without authority of law, obstructs or detains any persons engaged in carrying or accompanying any dead body of a human being to a place of burial, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1167. Destruction, mutilation, etc. of cemetery structures, markers, etc- Sale or barter f veteran markers
Every person who:
1. Shall willfully with malicious intent destroy, mutilate, deface, injure or remove any tomb, monument or gravestone, or other structure placed in any cemetery or private burying ground, or any fence, railing, or other work for the protection or ornament of any such cemetery or place of burial of any human being, or tomb, monument or gravestone, memento, veteran marker from any war, or memorial, or other structure aforesaid, or of any lot within a cemetery, or shall willfully or with malicious intent destroy, cut, break, or injure any tree, shrub or plant, within the limits thereof, ; or
2. Knowingly buys, sells or barters for profit any veteran marker from any war that is placed on a lot within a cemetery or place of burial of any human being, shall be guilty of a misdemeanor if the amount of damage is less than Five Thousand Dollars ($5,000.00), and shall, upon conviction thereof, be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not less than ninety (90) days, or by both such fine and imprisonment. In addition, the court shall require the person to perform not more than one hundred twenty (120) hours of community service. If the amount of damage exceeds Five Thousand Dollars ($5,000.00) the person shall be guilty of a felony and shall, upon conviction thereof, be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for not less than six (6) months, or by both such fine and imprisonment. In addition, the court shall require the person to perform not more than two hundred forty (240) hours of community service. The court shall not suspend any portion of the community service requirement set forth in this section.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
HUMAN SKELETAL REMAINS AND BURIAL FURNITURE
§ 1168. Definitions
As used in this section and 21 CNCA §§ 1168.1 to 1168.6:
1. "Archaeologist" means the individual of this title appointed by the Principal Chief.
2. "Burial furniture" means any items intentionally placed with human remains at the time of burial and shall include but not be limited to burial markers, items of personal adornment, casket and hardware, stone, bone, shell and metal ornaments and elaborately decorated pottery vessels.
3. "Burial grounds" means any place where human skeletal remains are buried.
4. "Historic Preservation Officer" means the individual of this title appointed by the Principal Chief.
5. "Human skeletal remains" means the bony portion of a human body which remains after the flesh has decomposed.
LA 10-90, eff. November 13, 1990.
§ 1168.1. Buying, selling, transporting or bartering for profit of human skeletal remains or associated burial furniture-Crime
Anyone who knowingly buys, sells, transports or barters for profit human skeletal remains or associated burial furniture, previously buried within Cherokee Nation, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1168.2. Certain institutions and museums to consult tribal leaders or certain Nation entities before disposition of remains
Accredited educational institutions, or officially designated institutions or museums as provided by 53 O.S. § 361, coming into possession or knowledge of human skeletal remains or associated burial furniture from Cherokee Nation shall consult with tribal leaders, identified by the Principal Chief, regarding the final disposition of said remains prior to any activities related to scientific or educational purposes. Where direct historical ties to existing tribal groups cannot be established, consultation regarding final disposition shall take place with the Oklahoma Historic Preservation Officer, Oklahoma Nation Archaeologist and the Director of the Oklahoma Museum of Natural History.
LA 10-90, eff. November 13, 1990.
§ 1168.3. Display of open burial ground, furniture or skeletal remains for profit or commercial enterprise
A. Anyone who knowingly displays an open burial ground, burial furniture or human skeletal remains previously buried in Cherokee Nation for profit or to aid and abet a commercial enterprise or any other form of exploitation that defers final disposition of said remains, shall be guilty of a crime and each day of display shall be a separate offense.
B. Anyone who knowingly displays human skeletal remains previously buried in Cherokee Nation shall be guilty of a crime and each day of display shall be a separate offense.
LA 10-90, eff. November 13, 1990.
§ 1168.4. Discovery of remains or furniture-Reporting and notification procedure
A. All persons who encounter or discover human skeletal remains or what they believe may be human skeletal remains or burial furniture thought to be associated with human burials in or on the ground shall immediately cease any activity which may cause further disturbance and shall report the presence and location of such human skeletal remains to an appropriate law enforcement officer.
B. Any person who willfully fails to report the presence or discovery of human skeletal remains or what they believe may be human skeletal remains within forty-eight (48) hours to an appropriate Cherokee Nation Marshal shall be guilty of a misdemeanor.
C. Any person who knowingly disturbs human skeletal remains or burial furniture other than a law enforcement officer, registered mortician, a representative of the Office of the Chief Medical Examiner, a professional archaeologist or physical anthropologist, or other officials designated by law in performance of official duties, shall be guilty of afelony.
D. Anyone not covered under subsection (C) of this section who disturbs or permits disturbance of a burial ground with the intent to obtain human skeletal remains or burial furniture shall be guilty of afelony.
E. The law enforcement officer, if there is a reason to believe that the skeletal remains may be human, shall promptly notify the landowner and the Chief Medical Examiner. If remains reported under 21 CNCA §§ 1168.1 through 1168.6 are not associated with or suspected of association with any crime, the Archaeologist and Historic Preservation Officer shall be notified within fifteen (15) days. If review by the Archaeologist and the Historic Preservation Officer of the human skeletal remains and any burial furniture demonstrates or suggests a direct historical relationship to a tribal group, then the Archaeologist shall:
1. Notify the Historic Preservation Officer; and
2. Consult with the tribal leader within fifteen (15) days regarding any proposed treatment or scientific studies and final disposition of the materials.
If said remains have a direct relationship to a tribal group which is not specifically found to be in Cherokee Nation then the Archaeologist and the Historic Preservation Officer shall make reasonable attempts to contact the proper tribal group for a determination of the final disposition of the remains.
LA 10-90, eff. November 13, 1990 LA 07-21, eff. February 22, 2021 .
§ 1168.5. Designation of repository for remains and furniture for scientific purposes
If the human skeletal remains and any burial furniture are not directly related to a tribal group or if the remains are not claimed by the consulted entity, the Archaeologist and the Historic Preservation Officer with the Director of the Oklahoma Museum of Natural History may designate a repository for curation of skeletal remains and burial furniture for scientific purposes
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1168.6. Penalties
A. Any person convicted of a misdemeanor pursuant to the provisions of Sections 1168 through 1168.5 of this title shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
B. Any person convicted of a felony pursuant to the provisions of Sections 1168 through 1168.5 of this title shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), by imprisonment for a term not exceeding three (3) years, or by both such fine and imprisonment.
.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
CHAPTER 47A
GENERAL AND MISCELLANEOUS PROVISIONS
Section
1171. Peeping Tom-Use of photographic, electronic or video equipment -Offenses and punishment-Definition
1172. Obscene, threatening or harassing telephone calls-Penalty
1173. Stalking-Penalties
1174. Burning cross with intent to intimidate
§ 1171. Peeping Tom - Use of photographic, electronic or video equipment - Offenses and punishment - Definition
A. Every person who hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom, or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner, is guilty of a misdemeanor punishableby a term of imprisonment not to exceed one (1) year or by imposition of a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
B. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment, provided that such sentence must include a term of imprisonment.
C. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public, regardless of whether the person is in a public or private place shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by a term of imprisonment not to exceed one (1) year or by imposition of a fine in an amount not to exceed Five Thousand Dollars ($5,000), or by both such fine and imprisonment.
D. As used in this section, the phrase “private area of the person” means the naked or undergarment-clad genitals, pubic area, buttocks, or any portion of the areola of the female breast of that individual.
E. Any person convicted of a violation of this section shall be required to register as a sex offender pursuant to 57 CNCA § 1 et seq. The jury, if any, shall be advised that the mandatory sex offender registration is a civil remedy that shall be in addition to the actual imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1172. Obscene, threatening or harassing telephone calls-Penalty
A. It shall be unlawful for a person who, by means of a telecommunication or other electronic communication device, willfully either:
1. Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;
2. Makes a telecommunication or other electronic communication including text, sound or images with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;
3. Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;
4. Makes a telecommunication or other electronic communication, includes test, sound or images whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number
5. Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section; and
6. In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s)
B. As used in this section, "telecommunication" and "electronic communication" mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes:
1. A communication initiated by electronic mail, instant message, network call, or facsimile machine including text, sound, or images; and
2.A communication made to a pager; or
3. A communication including text, sound or images posted to a social media or other public media source.
C. Use of a telephone or other electronic communications facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this section is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.
D.Except as provided in subsection E of this section, any person who is convicted of the provisions ofsubsection A of this section, shall be guilty of a misdemeanor punishable pursuant to 21 CNCA § 10.
E. Any person who is convicted of a second offense under this section shall be guilty of a felony.
LA 10-90, eff. November 13, 1990. Amended LA 20-08, eff. January 12, 2009. Amended LA 09-12, eff. May 23, 2012, LA 07-21, eff. February 22, 2021.
§ 1173. Stalking--Penalties
A. Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:
1. Would cause a reasonable person or a member of the immediate family of that person as defined in subsection F of this section to feel frightened, intimidated, threatened, harassed, or molested; and
2. Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested, shall, upon conviction, be guilty of the crime of stalking, which is a misdemeanor punishable by imprisonment for not more than one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
B. Any person who violates the provisions of subsection A of this section when:
1. There is a permanent or temporary restraining order, a protective order, an emergency ex parte protective order, or an injunction in effect prohibiting the behavior described in subsection A of this section against the same party, when the person violating the provisions of subsection A of this section has actual notice of the issuance of such order or injunction;
2. Said person is on probation or parole, a condition of which prohibits the behavior described in subsection A of this section against the same party or under the conditions of a community or alternative punishment; or
3. Said person, within ten (10) years preceding the violation of subsection A of this section, completed the execution of sentence for a conviction of a crime involving the use or threat of violence against the same party, or against any member of the immediate family of such party, shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.
C. Any person who:
1. Commits a second act of stalking within ten (10) years of the completion of sentence for a prior conviction of stalking; or
2. Has a prior conviction of stalking and, after being served with a protective order that prohibits contact with an individual, knowingly makes unconsented contact with the same individual, shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.
D. Any person who commits an act of stalking within ten (10) years of the completion of execution of sentence for a prior conviction under subsection B or C of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years, or by a fine of not less than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
E. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact, as defined in subsection F of this section, with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
F. For purposes of determining the crime of stalking, the following definitions shall apply:
1. “Harasses” means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of this title and conduct prohibited by Section 850 of this title. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
2. “Course of conduct” means a pattern of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”;
3. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling;
4. “Unconsented contact” means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:
a. following or appearing within the sight of that individual,
b. approaching or confronting that individual in a public place or on private property,
c. appearing at the workplace or residence of that individual,
d. entering onto or remaining on property owned, leased, or occupied by that individual,
e. contacting that individual by telephone,
f. sending mail or electronic communications to that individual, and
g. placing an object on, or delivering an object to, property owned, leased, or occupied by that individual;
5. “Member of the immediate family”, for the purposes of this section, means any spouse, parent, child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who regularly resided in the household within the prior six (6) months; and
6. “Following” shall include the tracking of the movement or location of an individual through the use of a Global Positioning System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked; provided, this shall not apply to the lawful use of a GPS device or other monitoring device or to the use by a new or used motor vehicle dealer or other motor vehicle creditor of a GPS device or other monitoring device, including a device containing technology used to remotely disable the ignition of a motor vehicle, in connection with lawful action after default of the terms of a motor vehicle credit sale, loan or lease, and with the express written consent of the owner or lessee of the motor vehicle.
LA 07-21, eff. February 22, 2021.
§ 1174. Burning cross with intent to intimidate
It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place. Any person who shall violate any provision of this section shall be guilty of a felony.
LA 07-21, eff. February 22, 2021.
PART V
CRIMES AGAINST PUBLIC HEALTH AND SAFETY
CHAPTER 48
GENERAL AND MISCELLANEOUS PROVISIONS
Section
1190. Hazing-Prohibition-Presumption as forced activity-Penalty-Definition
1191. Public nuisance a crime
1192. Spread of infectious diseases
1192.1. Knowingly engagingconduct reasonably likely to (HIV virus)
1194. Gas tar, throwing into public water
1195. Quarantine regulations, violating
1196. Apothecary liable for negligence--Willful or ignorant acts or omissions
1197. Poisons, laying out
1198. Fires, refusing to aid at or interfering with others' acts
1199. Contagious disease, exposing oneself or another with
1200. Frauds affecting market price
1201. Newspapers, false statements in
1202. Eavesdropping
1204. Reserved
1205. Throwing, leaving, or depositing trash near highway, road, or occupied dwelling
1206. Punishment for violations
1207. Reserved
1208. Abandonment of refrigerators and iceboxes in places accessible to children-Penalty
DISASTER AREAS
1209. Disaster areas-Prevention of unauthorized persons from hampering rescue operations
1210. Definitions
1211. Following of emergency vehicles unlawful
1211.1. Disruption or prevention of emergency telephone call--Penalties
1212. Proceeding to or remaining at disaster area unlawful-Removal of objects
1213. Penalties
1214. Radio sets capable of receiving on police frequencies-Unlawful uses
1215. Intoxicating beverages-Possession by persons under age twenty-one unlawful
1216. Penalties
1217. Firemen-Interference with performance of duties-Penalty
1218. Display of names of military dead at demonstrations or protests without consent prohibited
1219. Penalties
1220. Transporting intoxicating beverage -or low-point beer-Prohibition-Special Assessment-Exceptions-Penalty
1220.1. Prohibition of alcohol inhalation device
§ 1190. Hazing-Prohibition-Presumption as forced activity-Penalty-Definition
A. No student organization or any person associated with any organization sanctioned or authorized by the governing board of any public or private school or institution of higher education in this nation shall engage or participate in hazing.
B. Any hazing activity described in subsection (F) of this section upon which the initiation or admission into or affiliation with an organization sanctioned or authorized by a public or private school or by any institution of higher education in this nation is directly or indirectly conditioned shall be presumed to be a forced activity, even if the student willingly participates in such activity.
C. A copy of the policy or the rules or regulations of the public or private school or institution of higher education which prohibits hazing shall be given to each student enrolled in the school or institution and shall be deemed to be part of the bylaws of all organizations operating at the public school or the institution of higher education.
D. Any organization sanctioned or authorized by the governing board of a public or private school or of an institution of higher education in this Nation which violates subsection (A) of this section, upon conviction, shall be guilty of a crime, and may be punishable by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00) and the forfeit for a period of not less than one (1) year all of the rights and privileges of being an organization organized or operating at the public or private school or at the institution of higher education.
E. Any individual convicted of violating the provisions of subsection (A) of this section shall be guilty of amisdemeanor, and may be punishable by imprisonment for not to exceed ninety (90) days, or by the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
F. For purposes of this section:
1. "Hazing" means an activity which recklessly or intentionally endangers the mental health or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating subject to the sanction of the public or private school or of any institution of higher education in this Nation;
2. “Endanger the physical health” shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, alcoholic beverage as defined in Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug, controlled dangerous substance, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual; and
3. "Endanger the mental health" shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1191. Public nuisance a crime
Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1192. Spread of infectious diseases
Any person who shall inoculate himself or any other person or shall suffer himself to be inoculated with smallpox, syphilis or gonorrhea and shall spread or cause to be spread to any other persons with intent to or recklessly be responsible for the spread of or prevalence of such infectious disease, deemed a felon, and, upon conviction thereof, guilty of a felony and shall be punished by imprisonment for not more than three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00).
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1192.1. Knowingly engaging conduct reasonably likely to HIV virus.
A. It shall be unlawful for any person knowing that he or she has Acquired Immune Deficiency Syndrome (AIDS) or is a carrier of the human immunodeficiency virus (HIV) and with intent to infect another, to engage in conduct reasonably likely to result in the transfer of the person’s own blood, bodily fluids containing visible blood, semen, or vaginal secretions into the bloodstream of another, or through the skin or other membranes of another person, except during in utero transmission of blood or bodily fluids, and:
1. The other person did not consent to the transfer of blood, bodily fluids containing blood, semen, or vaginal secretions; or
2. The other person consented to the transfer but at the time of giving consent had not been informed by the person that the person transferring such blood or fluids had AIDS or was a carrier of.
B. Any person convicted of violating the provisions of this section shall be guilty of a felony, punishable by imprisonment for a term not to exceed three (3) years.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1194. Gas tar, throwing into public water
Every person who throws or deposits any gas tar, or refuse of any gas house or factory, into any public waters, river or stream, or into any sewer or stream emptying into any such public waters, river or stream, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1195. Quarantine regulations, violating
Every person who having been lawfully ordered by any health officer to be detained in quarantine and not having been discharged leaves the quarantine grounds or willfully violates any quarantine law or regulation, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1196. Apothecary liable for negligence--Willful or ignorant acts or omissions
Every apothecary or every person employed as clerk or salesman by an apothecary, or otherwise carrying on business as a dealer in drugs or medicines, who, in putting up any drugs or medicines, willfully, negligently or ignorantly omits to label the same, or puts any untrue label, stamp or other designation of contents upon any box, bottle or other package containing any drugs or medicines, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1197. Poisons, laying out
Whosoever shall willfully lay out poison with the intent that the same be taken by any domestic animal, or in such a manner as to endanger human life; or whoever shall, if in open range livestock territory, lay out poisons except in a safe place on his own premises, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1198. Fires, refusing to aid at or interfering with others' acts
Every person who, at any burning of a building, is guilty of any disobedience to lawful orders of any public officer or fireman, or of any resistance to or interference with the lawful efforts of any fireman or company of firemen to extinguish the same, or of any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1199. Contagious disease, exposing oneself or another with
Every person who willfully exposes himself or another person, being affected with any contagious disease in any public place or thoroughfare, except in his necessary removal in a manner not dangerous to the public health, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1200. Frauds affecting market price
Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false and fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1201. Newspapers, false statements in
Every editor or proprietor of any newspaper who willfully publishes in such newspaper as true, any statement which he has not good reason to believe to be true, with intent to increase thereby the sales of copies of such paper, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1202. Eavesdropping
Every person guilty of secretly loitering about any building, with intent to overhear discourse therein, and to repeat or publish the same to vex, annoy, or injure others, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1204. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1205. Throwing, leaving, or depositing trash near highway, road, or occupied dwelling
It shall be unlawful for any person to throw or leave or deposit garbage, tin cans, junk, rubbish or refuse and other items and matters commonly referred to as trash within one hundred (100) yards of any state highway or any county road or the occupied dwelling of another, except when the placement of such materials is along a collection route for the specific intent and purpose of scheduled collection and transportation to a recycling or disposal facility serving the area. Provided, however, that the Nation or any city or town operating or desiring to operate a solid waste disposal site within the distance above prescribed may establish said solid waste disposal site when solid waste disposal site is approved by the Oklahoma Department of Environmental Quality or operated under a permit issued by the Cherokee Nation.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1206. Punishment for violations
Any person or any officer of any city or town violating any of the provisions of this act shall upon conviction be fined not less than two hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned for not more than ninety (90) days, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1207. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1208. Abandonment of refrigerators and iceboxes in places accessible to children-Penalty
Any person, firm or corporation who abandons or discards, in any place accessible to children, any refrigerator, icebox, or ice chest, of a capacity of one and one-half (1 1/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain in such condition, shall be deemed negligent as a matter of law and shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned not more than one (1) year, or both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
DISASTER AREAS
§ 1209. Disaster areas-Prevention of unauthorized persons from hampering rescue operations
The purpose of this act is to prevent sightseers, thrill-seekers, souvenir hunters and other unauthorized persons from hampering the work of rescue operations in a disaster area.
LA 10-90, eff. November 13, 1990.
§ 1210. Definitions
For the purpose of, and when used in this act:
1. The term “disaster area” means the scene or location of a natural or military disaster, an explosion, an aircraft accident, a fire, a railroad accident and a major traffic accident.
2. "Authorized person" shall include all nation, county and municipal police and fire personnel; hospital and ambulance crews; National Guard and Emergency Management personnel ordered into the disaster area by proper authority; federal civil and military personnel on official business; persons who enter the disaster area to maintain or restore facilities for the provision of water, electricity, communications, or transportation to the public; and such other officials as have a valid reason to enter said disaster area.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1211. Following of emergency vehicles unlawful
It shall be unlawful for the driver of any vehicle other than one on official business to follow any emergency vehicle or to purposely drive to any location on or near a highway where a disaster area exists.
LA 10-90, eff. November 13, 1990.
§ 1211.1. Disruption or prevention of emergency telephone call--Penalties
Any person who intentionally interrupts, disrupts, impedes or interferes with an emergency telephone call or intentionally prevents or hinders another person from placing an emergency telephone call shall be guilty of a misdemeanor. Upon conviction, the person shall be punished by imprisonment for not more than one (1) year, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1212. Proceeding to or remaining at disaster area unlawful-Removal of objects
It shall be unlawful for any person except an authorized person to proceed to or to remain at a disaster area for the purpose of being a bystander, spectator, sightseer or souvenir hunter; or for any such person to take or remove from the disaster area, or disturb or move, any material objects, equipment or thing either directly or indirectly relating or pertaining to the disaster.
LA 10-90, eff. November 13, 1990.
§ 1213. Penalties
A. It is a misdemeanor for any person to violate any of the provisions of Section 1209 et seq. this title.
B. Every person convicted of a misdemeanor for violating any provision of Section 1209 et seq. of this title shall be punished by a fine of not more than Three Thousand Dollars ($3.000.00) or by imprisonment for not more thanone (1) year, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1214. Radio sets capable of receiving on police frequencies-Unlawful uses
A. It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes, or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
LA 32-03, eff. November 12, 2003, LA 07-21, eff. February 22, 2021.
§ 1215. Intoxicating beverages-Possession by persons under age twenty-one unlawful
It shall be unlawful for any person under the age of twenty-one (21) years to be in the possession of any intoxicating beverage containing more than three and two-tenths percent (3.2%) alcohol by weight while such person is upon any public street, road, or highway or in any public building or place.
LA 10-90, eff. November 13, 1990.
§ 1216. Penalties
Any person violating the provisions of 21 CNCA § 1215 shall be guilty of a crime and upon conviction thereof shall be punished by imprisonment for a term not to exceed thirty (30) days or by payment of a fine not to exceed Five Hundred Dollars ($500.00) or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1217. Firemen-Interference with performance of duties-Penalty
Any person or persons acting in concert with each other who knowingly and willfully interfere with, molest, or assault firemen in the performance of their duties, or who knowingly and willfully obstruct, interfere with or impede the progress of firemen to reach the destination of a fire, shall be deemed guilty of afelony and shall be punished therefor by imprisonment for a term not exceeding three (3) years.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1218. Display of names of military dead at demonstrations or protests without consent prohibited
It shall be unlawful for the names of persons killed in military action to be carried, displayed on cards or placards, or otherwise published for the purpose of any antiwar, antipolice action or antidraft demonstration or protest on the grounds of schools, colleges, universities, state institutions or facilities, county or city institutions or facilities, which are wholly or in part supported by public funds, or on any other public property such as parks and streets dedicated to public use, without the written consent of the surviving spouse of such deceased person, if married at time of death or, if unmarried, the written consent of one or both parents, or if they both be deceased, then the next of kin.
LA 07-21, eff. February 22, 2021.
§ 1219. Penalties
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than (1) year or shall be fined an amount not to exceed Five Hundred Dollars ($500.00) or by both such imprisonment and fine.
LA 07-21, eff. February 22, 2021.
§ 1220. Transporting intoxicating beverage-or low-point beer-Prohibition-Special Assessment-Exceptions-Penalty
A. Except as provided in subsection C of this section, it shall be unlawful for any operaton to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street or alley any intoxicating beverage or low-point beer, as defined by 37 O.S. §§ 163.1 and 163.2, except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in subsection A of Section 566 of Title 37 of the Oklahoma Statutes.
B. Any person convicted of violating any provision of subsection A of this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2522 of Title 63 of the Oklahoma Statutes.
C. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver’s immediate possession any intoxicating beverage or low-point beer.
D. No city, town, or county may adopt any order, ordinance, rule or regulation concerning the consumption or serving of intoxicating beverages or low-point beer in buses or limousines.
E. As used in this section:
1. “Bus” means a vehicle as defined in Section 1-105 of Title 47 of the Oklahoma Statutes chartered for transportation of persons for hire. It shall not mean a school bus, as defined by Section 1-160 of Title 47 of the Oklahoma Statutes, transporting children or a vehicle operated pursuant to a franchise with a city or town operating over a regularly scheduled route; and
2. “Limousine” means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by Section 1-174 of Title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1220.1. Prohibition of alcohol inhalation device
It is unlawful for any person to buy, sell, furnish, manufacture or possess any alcohol inhalation device, alcohol infuser or any other device capable of causing a blood or breath alcohol concentration in the human body by means of fumes, vapors, gases, air particles or matter inhaled directly into the central nervous system by mouth or nasal passages. Any person convicted of any violation of this section shall be guilty of a misdemeanor punishable by a fine of no more than Three Thousand Dollars ($3,000.00). The Cherokee Nation Tax Commission is prohibited from licensing any establishment for consumption of alcohol from such prohibited devices, and shall permanently revoke any license issued to any person convicted of any violation of this section. Provided, however, that any inhalation device which may contain alcohol and is intended or used for medicinal purposes, whether it is available for over-the-counter or by prescription purchase, shall be exempt from these provisions.
LA 07-21, eff. February 22, 2021.
CHAPTER 49
ANIMALS AND CARCASSES
Section
1221. Reserved
1222. Reserved
1223. Leaving carcass in certain places unlawful
1224. Reserved
1229. Exhibition livestock--Administration of certain substances or performance of certain surgical procedures to alter appearance
§ 1221. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1222. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1223. Leaving carcass in certain places unlawful
A. It shall be unlawful for any person to leave or deposit, or cause to be deposited or left the carcass of any animal chicken or other fowl in any well, spring, pond or stream of water; or leave or deposit the same within one-fourth (1/4) mile of any occupied dwelling or of any public highway, without burying or disposing of the carcass in accordance with the recommendations and requirements of the Oklahoma Department of Agriculture, Food, and Forestry.
B. It shall be the duty of the owner of any domestic animal in this Nation to dispose of any carcass within twenty-four (24) hours after notice of the knowledge of the death. Disposal shall be in accordance with the recommendations and requirements of the Oklahoma Department of Agriculture, Food, and Forestry. It shall be unlawful to bury any carcass in any land along any stream or ravine where it may become exposed through erosion of the soil, or where the land is at any time subject to overflow.
C. “Owner” shall mean and include any person having possession of domestic animals either by reason of ownership, rent, hire, loan, or otherwise.
D. Any person who violates this section shall be guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1224. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1229. Exhibition livestock--Administration of certain substances or performance of certain surgical procedures to alter appearance
For livestock utilized for exhibition purposes, it shall be unlawful for any person to inject into the livestock or cause the livestock to ingest any drug, chemical or substance that is not labeled for use on animals, or to administer any chemical or substance used on livestock for the specific purpose of altering the appearance of livestock or to alter the muscle or fat content of the animal's carcass or to perform any surgical procedure to alter the appearance of the livestock. Ordinary and customary veterinarian procedures, including but not limited to dehorning, branding, tagging or notching ears, castrating, deworming, vaccinating or docking the tail of farm animals shall not be prohibited. Surgery of any kind performed to change the natural contour or appearance of the animal's body or hide, shall be prohibited by this section. Any violation of the provisions of this section shall be a misdemeanor, upon conviction, punishable by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for a term not more than one (1) year, or by both such fine and imprisonment. A second or subsequent violation of the provisions of this section shall be a felony, upon conviction, punishable by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for a term not more than three (3) years, or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
CHAPTER 50
TOBACCO
Section
1241. Furnishing cigarettes or other tobacco or vapor products topersons under 21-Punishment
1242. Refusing of eany person under age of twenty-one (21) to disclose place and person from whom obtained
1247. Smoking in certain public areas prohibited-Punishment
§ 1241. Furnishing cigarettes or other tobacco or vapor products topersons under 21-Punishment
A. Any person who shall furnish to any person under the age of twenty-one (21) by gift, sale or otherwise any cigarettes, cigarette papers, cigars, snuff, chewing tobacco, or any other form of tobacco product, or vapor products shall be guilty of a misdemeanor and upon conviction shall be punished by a fine in the amount of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment for not more than ninety (90) days for each offense.
B. For the purposes of this chapter, “vapor product” shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. “Vapor products” shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. “Vapor products” do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1242. Refusing of any person under the age of twenty-one (21) to disclose place where person from whom obtained
Any person under the age of twenty-one (21) being in possession of cigarettes, cigarette papers, cigars, snuff, chewing tobacco, or any other form of tobacco product, or vapor products and being by any police officer, constable, juvenile court officer, truant officer, or teacher in any school, asked where and from whom such cigarettes, cigarette papers, cigars, snuff, chewing tobacco, or any other form of tobacco product, or vapor products were obtained, who shall refuse to furnish such information, shall be guilty of a misdemeanor and upon conviction thereof before the District Court, or any Judge of the District Court, such person being of the age of eighteen (18) years or upwards shall be sentenced to pay a fine not exceeding One Hundred Dollars ($100.00) or to undergo imprisonment for a term not to exceed five (5) days, or by both such fine and imprisonment; if such minor shall be under the age of eighteen (18) years, he or she shall be certified by such judge to the Juvenile Justice Department for such action asthe court shall deem proper.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021, LA 19-21, eff. May 17, 2021.
§ 1247. Smoking in certain public areas prohibited-Punishment
A. A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, whether indoors or outdoors, public transportation, or any indoor workplace, except where specifically allowed by law. Commercial airport operators may prohibit the use of lighted tobacco or lighted marijuana or the vaping of marijuana in any area that is open to or used by the public whether located indoors or outdoors, provided that the outdoor area is within one hundred seventy-five (175) feet from an entrance.
As used in this section, “indoor workplace” means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed.
B. All buildings and other properties, or portions thereof, owned or operated by this Nation shall be designated as nonsmoking. Smoking tobacco shall only be allowed in designated outdoor smoking areas.
C. No tobacco or marijuana smoking or marijuana vaping shall be allowed within twenty-five (25) feet of the entrance or exit of any building specified in subsection B of this section.
The restrictions on tobacco smoking provided in this section shall not apply to the following:
1. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
2. The room or rooms where bingo, gambling, or other activities licensed, regulated, or operated by the Cherokee Nation under Title 4 of this Code.
3. Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment;
4. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
5. Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. “Incidental public access” means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
6. Workplaces occupied exclusively by one or more tobacco smokers, if the workplace has only incidental public access;
7. Private offices occupied exclusively by one or more smokers;
8. Workplaces within private residences, except that smoking tobacco or marijuana or vaping marijuana shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
9. Medical research or treatment centers, if tobacco smoking is integral to the research or treatment. Furthermore, the restrictions on smoking or vaping of marijuana provided in this section shall not apply to medical research or treatment centers, if marijuana smoking or vaping is integral to the research or treatment;
10. A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
11. Any outdoor seating area of a restaurant; provided, smoking tobacco or smoking or vaping marijuana shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant.
E. An employer not otherwise restricted from doing so may elect to provide tobacco smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for tobacco smoking, provided each tobacco smoking room is fully enclosed and exhausted directly to the outside in such a manner that no tobacco smoke can drift or circulate into a nonsmoking area. No exhaust from a tobacco smoking room shall be located within fifteen (15) feet of any entrance, exit or air intake.
F. If tobacco smoking is to be permitted in any space exempted in this section of this section or in a tobacco smoking room pursuant to subsection H of this section, such tobacco smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the tobacco smoking space shall be fully enclosed, exhausted directly to the outside with no air from the tobacco smoking space circulated to any nonsmoking area, and under negative air pressure so that no tobacco smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a tobacco smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit or air intake. Any employer may choose a more restrictive tobacco smoking policy, including being totally tobacco smoke free.
G. Notwithstanding any other provision of this section, until March 1, 2006, restaurants may have designated tobacco smoking and nonsmoking areas or may be designated as being a totally nonsmoking area. Beginning March 1, 2006, restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated tobacco smoking rooms. Food and beverage may be served in such designated tobacco smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so tobacco smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within twenty-five (25) feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the State Department of Health.
H. The person who owns or operates a place where tobacco smoking or use is prohibited by law shall be responsible for posting a sign or decal, at least four (4) inches by two (2) inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.
I. Responsibility for posting signs or decals shall be as follows:
1. In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
2. In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
3. In publicly owned facilities, the manager and/or supervisor of the facility shall be responsible.
J. Any person who knowingly violates the provisions of this section shall be punished by a citation and fine of not more than One Hundred Dollars ($100.00).
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
CHAPTER ??
SECTION
1253. Failure to ring bell of locomotive
1254. Drunken engineer or conductor or driver
1255. Railroad officers, servants and agents, neglect of duty
§ 1253. Failure to ring bell of locomotive
Every person in charge, as engineer of a locomotive engine, who omits to cause a bell to ring or a steam whistle to sound at the distance of at least eighty (80) rods from the place where the track crosses, on the same level, any traveled public way, is punishable by a fine not exceeding Fifty Dollars ($50.00), or by imprisonment for a term not exceeding sixty (60) days.
LA 07-21, eff. February 22, 2021.
§ 1254. Drunken engineer or conductor or driver
Every person who, while in charge, as engineer, of a locomotive engine, or while acting as conductor or driver upon a railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1255. Railroad officers, servants and agents, neglect of duty
Every engineer, conductor, brakeman, switch-tender or other officer, agent or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered or property is injured or destroyed, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
PART VI
CRIMES AGAINST PUBLIC PEACE
CHAPTER 53
MANUFACTURING, SELLING AND WEARING WEAPONS
Section
1272. Carrying weapons-Exceptions
1272.1. Carrying weapons or firearms into establishments wherein beer and intoxicating liquor are consumed
1272.2. Penalties
1273. Selling or giving weapons to minors
1276. Degree of punishment
1277. Public buildings and gatherings
1278. Intent of persons carrying weapons
1279. Pointing weapon at another
1280. Punishment
1283. Convicted felons prohibited from carrying firearms-Exceptions
1284. Penalty
1286. Reckless conduct defined
1287. Use of firearm or other offensive weapon while committing or attempting to commit a crime-Penalties
1288. Purchases of firearms, ammunition and equipment in contiguous states by Cherokee Nation residents-Purchases in Cherokee Nation by residents of contiguous states
CHEROKEE NATION FIREARMS ACT OF 1971
1289.1. Short title
1289.2. Council findings
1289.3. "Pistol" defined
1289.4. "Rifle" defined
1289.5. "Shotgun" defined
1289.6. Conditions under which firearms may be carried
1289.7. Firearm in motor vehicle
1289.8. Carrying concealed weapon
1289.9. Carrying or using firearms while under influence of intoxicating liquors or drugs
1289.10. Furnishing firearms to mentally incompetent or insane persons
1289.11. Reckless conduct
1289.12. Selling or transferring of firearms to convicted felons, disturbed persons or persons under influence of alcohol or drugs-Displaying notice
1289.13. Transporting loaded firearm in motor vehicle
1289.14. Transporting or discharging firearm from boat
1289.15. Penalties
1289.16. Pointing firearms
1289.17. Penalty
1289.18. "Sawed-off shotgun" and "sawed-off rifle" defined-Violations-Penalties-Defense to prosecution
1289.19. "Restricted bullet" and "body armor" defined
1289.20. Manufacture, importation or advertisement for sale of restricted bullets-Penalty
1289.21. Use or attempted use of restricted bullet and/or body armor-Penalty
1289.22. Exemptions
1289.23. Off-duty peace officers authorized to carry weapons
1289.25. Unlawful entry of dwelling-Physical or deadly force against intruder-Affirmative defense and immunity from civil liability
§ 1272. Carrying weapons-Exceptions
It shall be unlawful for any person to carry upon or about his person, or in his portfolio or purse, any pistol, revolver, dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, except as in this chapter provided. Provided further, that this section shall not prohibit the proper use of guns and knives for hunting, fishing or recreational purposes, nor shall this section be construed to prohibit any use of weapons in a manner otherwise permitted by statute. Any person convicted of violating the foregoing provision shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1272.1. Carrying weapons or firearms into establishments wherein beer and intoxicating liquor are consumed
It shall be unlawful for any person, except a peace officer, as defined in 21 CNCA § 99, a registered security officer, or the owner or proprietor of the establishment being entered, to carry into or to possess in any establishment where beer or alcoholic beverages are consumed any firearm or any of the weapons designated in 21 CNCA § 1272.
Provided however, nothing in this chapter shall be interpreted to authorize such peace officer or registered security officer in actual physical possession of a weapon to consume beer or alcoholic beverages, except in the authorized line of duty as an undercover officer.
LA 10-90, eff. November 13, 1990. Amended LA 35-12, eff. October 19, 2012.
§ 1272.2. Penalties
Any person who intentionally, knowingly or recklessly carries on his person any weapon in violation of 21 CNCA § 1272.1 shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1273. Selling or giving weapons to minors
It shall be unlawful for any person within this Nation, to sell or give to any minor any of the arms or weapons designated in 21 CNCA § 1272.
LA 10-90, eff. November 13, 1990.
§ 1276. Penalty for 1272
Any person violating the provisions of Section 1272 of this title shall, upon a first conviction, be adjudged guilty of a misdemeanor and the party offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment for a period not to exceed thirty (30) days or both such fine and imprisonment. On the second and every subsequent violation, the party offending shall, upon conviction, be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for a period not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment. Any person convicted of violating the provisions of Section 1272 of this title after having been issued a handgun license pursuant to the provisions of the Cherokee Nation Self-Defense Act shall have the license suspended for a period of six (6) months and shall be liable for an administrative fine of Fifty Dollars ($50.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 19-21, eff. May 17, 2021.
§ 1277. Public buildings and gatherings
It shall be unlawful for any person, except a peace officer or a registered security officer, to carry into any church or religious assembly, any schoolroom or other place where persons are assembled for public worship, for amusement, or for educational or scientific purposes, or into any circus, show or public exhibition of any kind, or into any ballroom, or to any social party or social gathering, or to any election, or to any political convention, or to any other public assembly, any of the weapons designated in 21 CNCA § 1272.
LA 10-90, eff. November 13, 1990. Amended LA 35-12, eff. October 19, 2012.
§ 1278. Intent of persons carrying weapons
It shall be unlawful for any person in this Nation to carry or wear any deadly weapons or dangerous instrument whatsoever, openly or secretly, with the intent or for the avowed purpose of injuring his fellow man.
LA 10-90, eff. November 13, 1990.
§ 1279. Pointing weapon at another
It shall be unlawful for any person to point any pistol or any other deadly weapon whether loaded or not, at any other person or persons either in anger or otherwise.
LA 10-90, eff. November 13, 1990.
§ 1280. Punishment
Any person violating the provisions of the three preceding sections, 21 CNCA §§ 1277 to 1279, shall, on conviction, be guilty of a crime.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013.
§ 1283. Convicted felons prohibited from carrying firearms-Exceptions
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this Nation, or of another Indian tribe, or state, or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.
B. Any person who has previously been convicted of a nonviolent felony in any court of this Nation, or of another Indian tribe, or state, or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Cherokee Nation Self-Defense Act or as otherwise permitted by law, and the right to perform the duties of a peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of probation for any felony in any court of this Nation, or of another Indian tribe, or state, or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.
E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to the provisions of the Cherokee Nation Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any pistol authorized by the Cherokee Nation Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.
H. For purposes of this section, “sawed-off shotgun or rifle” shall mean any shotgun or rifle which has been shortened to any length.
I. For purposes of this section, “altered toy pistol” shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
For purposes of this section, “altered air pistol” shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.LA 10-90, eff. November 13, 1990, LA 19-21, eff. May 17, 2021.
§ 1284. Penalty
Any person who violates any provision of this chapter shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1286. Reckless conduct defined
Reckless conduct as used in this chapter consists of an act which creates a situation of unreasonable risk and probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another.
LA 10-90, eff. November 13, 1990.
§ 1287. Use of firearm or other offensive weapon while committing or attempting to commit a crime-Penalties
Any person who, while committing or attempting to commit a crime, possesses a firearm or any other offensive weapon in such commission or attempt, whether the firearm is loaded or not, or who possesses a blank or imitation firearm capable of raising in the mind of one threatened with such device a fear that it is a real firearm, or who possesses an air gun or carbon dioxide or other gas-filled weapon, electronic dart gun, knife, dagger, dirk, switchblade knife, blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in addition to the penalty provided by statute for the crime committed or attempted, upon conviction shall be guilty of a crime for possessing such weapon or device, which shall be a separate offense.
LA 10-90, eff. November 13, 1990.
§ 1288. Purchases of firearms, ammunition and equipment in contiguous states by Cherokee Nation residents-Purchases in Cherokee Nation by residents of contiguous states
A. Residents of Cherokee Nation may purchase rifles, shotguns, ammunition, cartridge and shotgun shell handloading components and equipment in a state contiguous to Cherokee Nation, provided that such residents conform to the applicable provisions of the federal Gun Control Act of 1968, 18 U.S.C. § 921 et seq., and regulations thereunder, as administered by the United States Secretary of the Treasury, and provided further that such residents conform to the provisions of law applicable to such purchase in Cherokee Nation and in the contiguous state in which the purchase is made.
B. Residents of a state contiguous to Cherokee Nation may purchase rifles, shotguns, ammunition, cartridge and shotgun shell handloading components and equipment in Cherokee Nation, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the United States Secretary of the Treasury and provided further that such residents conform to the provisions of law applicable to such purchase in Cherokee Nation and in the state in which such persons reside.
LA 10-90, eff. November 13, 1990.
CHEROKEE NATION FIREARMS ACT OF 1971
§ 1289.1. Short title
This act shall be known and may be cited as the Cherokee Nation Firearms Act of 1971.
LA 10-90, eff. November 13, 1990.
§ 1289.2. Council findings
The Council finds as a matter of public policy and fact that it is necessary for promotion of the safe and lawful use of firearms to curb and prevent crime wherein weapons are used by enacting legislation having the purpose of control of use of firearms, and of prevention of their use, without unnecessarily denying their lawful use in defense of life, home and property, and their use by the United States or state military organizations and as otherwise provided by law, including their use and transportation for lawful purposes.
LA 10-90, eff. November 13, 1990.
§ 1289.3. "Pistol" defined
"Pistol" as used herein shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include flare guns, underwater fishing guns or blank pistols.
LA 10-90, eff. November 13, 1990.
§ 1289.4. "Rifle" defined
"Rifle" as used herein shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. In addition, any rifle capable of firing "shot" but primarily designed to fire single projectiles will be regarded as a "rifle."
LA 10-90, eff. November 13, 1990.
§ 1289.5. "Shotgun" defined
"Shotgun" as used herein shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include any weapon so designed with a barrel less than eighteen (18) inches in length. In addition, any "shotgun" capable of firing single projectiles but primarily designed to fire multiple projectiles such as "shot" will be regarded as a "shotgun."
LA 10-90, eff. November 13, 1990.
§ 1289.6. Conditions under which firearms may be carried
A person shall be permitted to carry shotguns, rifles or pistols, open and not concealed, under the following conditions:
1. When going to, during participation in or coming from hunting animals or fowl, including moving from place to place by vehicle. However, a rifle or shotgun may be carried in a landborne motor vehicle over a public highway or roadway when clip- or magazine-loaded and not chamber-loaded when carried in a locked compartment of the vehicle, such as the trunk of an automobile.
2. When going to, during competition in or practicing or coming from a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;
3. When unloaded, going to or coming from a gunsmith;
4. When unloaded, going to or coming from a store for purposes of repair, trade, barter or sale;
5. Going to or coming from a military function of the state military forces to be defined as the Cherokee Nation Army or Air National Guard, federal military reserve and active military forces;
6. Going to or coming from a recognized police function of either a municipal, county or Nation government as functioning police officials;
7. When unloaded, going to or coming from a place of publicly-recognized firearms display such as a "gun show" where the public is invited;
8. When unloaded, going to or coming from a point of private trade for purposes of transferring a firearm to another private citizen in exchange for moneys, payment for services or trade;
9. When going to, coming from and during a performance for entertainment purposes; or
10. For any legitimate purpose not in violation of this code or any legislative enactment regarding the use, ownership and control of firearms.
LA 10-90, eff. November 13, 1990.
§ 1289.7. Firearm in motor vehicle
A person may carry or transport in a motor vehicle a rifle, shotgun or pistol,unloaded, at any time.
LA 10-90, eff. November 13, 1990.
§ 1289.8. Carrying concealed weapon
It shall be unlawful for any person, except a peace officer as defined in 21 CNCA § 99, or a registered security officer to carry a concealed weapon other than permitted by this chapter.
LA 10-90, eff. November 13, 1990. Amended LA 35-12, eff. October 19, 2012.
§ 1289.9. Carrying or using firearms while under influence of intoxicating liquors or drugs
It shall be unlawful to carry or use shotguns, rifles, any other form or explosive or incendiary device, or pistols under any circumstances while under the influence of intoxicating liquors or any hallucinogenic, unlawful or unprescribed drug, nor shall any person be permitted to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.
LA 10-90, eff. November 13, 1990.
§ 1289.10. Furnishing firearms to mentally incompetent or insane persons
It shall be unlawful for any person to knowingly transmit, transfer, sell, lend or furnish any shotgun, rifle or pistol to any person who is under an adjudication of mental incompetency, or to any person who is a moron, idiot or is insane.
LA 10-90, eff. November 13, 1990.
§ 1289.11. Reckless conduct
It shall be unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle, pistol, or any other form of explosive or incendiary device, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person.
LA 10-90, eff. November 13, 1990.
§ 1289.12. Selling or transferring of firearms to convicted felons, disturbed persons or persons under influence of alcohol or drugs-Displaying notice
It shall be unlawful for any person within this Nation to knowingly sell, trade, give, transmit or otherwise cause the transfer of rifles, shotguns, any other form or explosive or incendiary device, or pistols to any convicted felon, nor shall it be lawful for any person within this Nation to knowingly sell, trade, give, transmit or otherwise cause the transfer of any shotgun, rifle, any other form or explosive or incendiary device, or pistol to any individual who is under the influence of alcohol or drugs or is mentally or emotionally unbalanced or disturbed. All persons who engage in selling, trading or otherwise transferring firearms will display this section prominently in full view at or near the point of normal firearms sale, trade or transfer.
LA 10-90, eff. November 13, 1990.
§ 1289.13. Transporting loaded firearm in motor vehicle
Except as otherwise provided, it shall be unlawful to transport a loaded firearm in a landborne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported when clip- or magazine-loaded and not chamber-loaded when transported in a locked compartment of the vehicle, such as the trunk of an automobile.
LA 10-90, eff. November 13, 1990.
§ 1289.14. Transporting or discharging firearm from boat
Except as herein otherwise provided, it shall be unlawful to transport or discharge a shotgun, rifle or pistol from a boat under power or sail, except for the purposes of hunting animals or fowl, and in compliance with existing Nation and federal laws.
LA 10-90, eff. November 13, 1990.
§ 1289.15. Penalties
Any person adjudged guilty of violating any provision of Section 1289.9, 1289.10, 1289.11, 1289.12, or 1289.13 of this title shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00), or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 19-21, eff. May 17, 2021.
§ 1289.16. Pointing firearms
It shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation, or for purposes of whimsy, humor or prank, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities in the performance of their duties, members of the state military forces in the form of the Oklahoma Army or Air National Guard in the performance of their duties, members of the federal military reserve and active military components in the performance of their duties, or any federal government law enforcement officer in the performance of his duty, or in the performance of a play on stage, rodeo, television or on film, or in defense of one's person, home or property.
LA 10-90, eff. November 13, 1990.
§ 1289.17. Penalty
Any violation of 21 CNCA § 1289.16 or of the provisions of 21 CNCA § 1283, shall constitute a crime.
LA 10-90, eff. November 13, 1990.
§ 1289.18. "Sawed-off shotgun" and "sawed-off rifle" defined-Violations-Penalties-Defense to prosecution
A. "Sawed-off shotgun" shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.
B. "Sawed-off rifle" shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.
C. Every person who has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a crime for the possession of such device.
D. It is a defense to prosecution under this section, if the approved application form that authorized the making or transfer of the particular firearm to the defendant, which indicates the registration of the firearm to said defendant pursuant to the National Firearms Act, 26 U.S.C. § 5841 et seq., is introduced.
LA 10-90, eff. November 13, 1990.
§ 1289.19. "Restricted bullet" and "body armor" defined
As used in this act:
1. "Restricted bullet" means a round or elongated missile with a core of less than sixty percent (60%) lead and having a fluorocarbon coating, which is designed to travel at a high velocity and is capable of penetrating body armor; and
2. "Body armor" means a vest or shirt of ten (10) plies or more of bullet resistant material as defined by the Office of Development, Testing and Dissemination, a division of the United States Department of Justice.
LA 10-90, eff. November 13, 1990.
§ 1289.20. Manufacture, importation or advertisement for sale of restricted bullets-Penalty
A. Except for the purpose of public safety or national security, it shall be unlawful to manufacture, cause to be manufactured, import, advertise for sale or sell within this nation any restricted bullet as defined in 21 CNCA § 1289.19.
B. Any person convicted of violating subsection (A) of this section shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1289.21. Use or attempted use of restricted bullet and/or body armor-Penalty
A. It shall be unlawful for any person to possess, carry upon his person, use or attempt to use against another person any restricted bullet as defined in 21 CNCA § 1989.19.
B. It shall be unlawful for any person, who has been convicted of, or plead no contest or guilty to, a felony, to wear body armor as defined in 21 CNCA § 1289.19.
C. Any person convicted of violating subsections (A) or (B) of this section shall be guilty of a crime.
LA 10-90, eff. November 13, 1990. Amended LA 36-03, eff. December 17, 2003.
§ 1289.22. Exemptions
The prohibition of possessing or using a restricted bullet shall not apply to law enforcement agencies when such bullet is used for testing, training or demonstration.
LA 10-90, eff. November 13, 1990.
§ 1289.23. Off-duty peace officers authorized to carry weapons
A. A full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training, pursuant to the provisions of 70 O.S.§ 3311, is hereby authorized to carry a weapon certified and approved by his employing agency during periods when he is not on active duty.
B. When an off-duty officer carries a certified weapon, the officer shall be in law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform shall be required:
1. To have his official peace officers badge, Commission Card and C.L.E.E.T. Certification Card on his person at all times when carrying a weapon certified and approved by the employing agency; and
2. To keep the authorized weapon concealed from view at all times except when the weapon is used within the guidelines, rules and regulations established by the employing agency.
C. Nothing in this section shall be construed to alter or amend the provisions of 21 CNCA § 1272.1 or expand the duties, authority or jurisdiction of any peace officer.
LA 10-90, eff. November 13, 1990.
§ 1289.25. Unlawful entry of dwelling-Physical or deadly force against intruder-Affirmative defense and immunity from civil liability
A. The Council hereby recognizes that the citizens of Cherokee Nation have a right to expect absolute safety within their own homes.
B. Any occupant of a dwelling is justified in using any degree of physical force, including but not limited to deadly force, against another person who has made an unlawful entry into that dwelling, and when the occupant has a reasonable belief that such other person might use any physical force, no matter how slight, against any occupant of the dwelling.
C. Any occupant of a dwelling using physical force, including but not limited to deadly force, pursuant to the provisions of subsection (B) of this section, shall have an affirmative defense in any criminal prosecution for an offense arising from the reasonable use of such force and shall be immune from any civil liability for injuries or death resulting from the reasonable use of such force.
LA 10-90, eff. November 13, 1990.
CHAPTER 54
MASKS AND DISGUISES; THREATENING LETTERS; UNLAWFUL ORGANIZATIONS
Section
1302. Trespass-Masked person demanding admission to premises
1303. Assaults while masked or disguised
1304. Letters-Mailing threatening or intimidating letters
§ 1302. Trespass-Masked person demanding admission to premises
Any person, masked or in disguise, who shall enter upon the premises of another or demand admission into the house or enclosure of another (with intent to inflict bodily injury, or injury to property) shall be deemed guilty of assault with intent to commit a crime and such entrance or demand for admission shall be prima facie evidence of such intent, and upon conviction thereof, such person shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1303. Assaults while masked or disguised
Any person, while masked or in disguise, who shall assault another with a dangerous weapon, or other instrument of punishment, shall be deemed guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1304. Letters-Mailing threatening or intimidating letters
Any person who shall send, deliver, mail or otherwise transmit to any person, or persons, in this Nation any letter, document or other written or printed matter, anonymous or otherwise, designed to threaten or intimidate such person or persons, or designed to put him or them in fear of life, bodily harm or the destruction of his or their property, upon conviction shall be guilty of a crime.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013.
CHAPTER 55
OTHER CRIMES AGAINST PUBLIC PEACE
1311. Riot defined
1312. Punishment for riot
1313. Rout defined
1314. Unlawful assembly defined
1315. Punishment for rout or unlawful assembly
1316. Warning to disperse, remaining after
1317. Presence after unlawful purpose becomes known
1318. One refusing to aid in arrest deemed rioter
1319. Combination to resist process
1320.1. Riot
1320.2. Incitement to riot
1320.3. Unlawful assembly
1320.4. Penalty for riot or incitement to riot
1320.5. Penalty for unlawful assembly
1320.6. Labor disputes
1320.7. Insurance policies
1320.10. Teaching, demonstrating or training in the use of firearms, explosives or incendiary devices in furtherance of riot or civil disorder
ENTRY OR INTRUSION ON REAL ESTATE
Section
1351. Forcible entry and detainer
1352. Returning to possession after lawful removal
1353. Unlawful intrusion upon lands
MISCELLANEOUS PROVISIONS
1361. Disturbing lawful meeting
1362. Disturbance by loud or unusual noise or abusive, violent, obscene, profane or threatening language
1363. Use of language calculated to arouse anger or cause breach of peace
1364. Discharging firearms in public place
1365. Trespassing on railway trains a misdemeanor
1368. Possession of explosives by convicted felons-Penalty
1377. Projecting object at public event
1378. Attempting, conspiring or endeavoring to perform act of violence involving serious bodily harm or death--Threats--Devising plan, scheme or program of action to cause serious bodily harm or death
OTHER CRIMES AGAINST PUBLIC PEACE
§ 1311. Riot defined
Any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.
LA 07-21, eff. February 22, 2021.
§ 1312. Punishment for riot
Every person guilty of participating in any riot is punishable as follows:
1. If any murder, maiming, robbery, rape or arson was committed in the course of such riot, such person is punishable in the same manner as a principal in such crime;
2. If the purpose of the riotous assembly was to resist the execution of any statute of this Nation or of the United States, or to obstruct any public officer of this Nation or of the United States, in the performance of any legal duty, or in serving or executing any legal process, such person shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years;
3. If such person carried at the time of such riot any species of firearms, or other deadly or dangerous weapon, or was disguised, such person shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years;
4. If such person directed, advised, encouraged or solicited other persons, who participated in the riot to acts of force or violence, such person shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years;
5. In all other cases such person is punishable as for a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1313. Rout defined
Whenever three or more persons, acting together, make any attempt to do any act toward the commission of an act which would be riot if actually committed, such assembly is a rout.
LA 07-21, eff. February 22, 2021.
§ 1314. Unlawful assembly defined
Wherever three or more persons assemble with intent or with means and preparations to do an unlawful act which would be riot if actually committed, but do not act toward the commission thereof, or whenever such persons assemble without authority of law, and in such a manner as is adapted to disturb the public peace, or excite public alarm, such assembly is an unlawful assembly.
LA 07-21, eff. February 22, 2021.
§ 1315. Punishment for rout or unlawful assembly
Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1316. Warning to disperse, remaining after
Every person remaining present at the place of any riot, rout or unlawful assembly after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1317. Presence after unlawful purpose becomes known
Where three or more persons assemble for a lawful purpose and afterwards proceed to commit an act that would amount to riot if it had been the original purpose of the meeting, every person who does not retire when the change of purpose is made known, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1318. One refusing to aid in arrest deemed rioter
Every person present at any riot, and lawfully commanded to aid the magistrate or officers in arresting any rioter, who neglects or refuses to obey such command, is deemed one of the rioters, and punishable accordingly.
LA 07-21, eff. February 22, 2021.
§ 1319. Combination to resist process
Every person who resists, or enters into a combination with any other person to resist the execution of any legal process, under circumstances not amounting to a riot, is punishable by imprisonment for a term not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1320.1. Riot
For the purposes of this chapter, “riot” means that crime defined in 21 CNCA § 1311 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1311&originatingDoc=NBF135E60C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>.
LA 07-21, eff. February 22, 2021.
§ 1320.2. Incitement to riot
It shall be unlawful and shall constitute incitement to riot for a person or persons, intending to cause, aid, or abet the institution or maintenance of a riot, to do an act or engage in conduct that urges other persons to commit acts of unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference with a police officer, peace officer, fireman or a member of the Oklahoma National Guard or any unit of the armed services officially assigned to riot duty in the lawful performance of his duty.
LA 07-21, eff. February 22, 2021.
§ 1320.3. Unlawful assembly
It shall be unlawful and shall constitute an unlawful assembly for a person to assemble or act in concert with four or more persons for the purpose of engaging in conduct constituting the crime of riot, or to remain at the scene of a riot after being instructed to disperse by law authorities.
LA 07-21, eff. February 22, 2021.
§ 1320.4. Penalty for riot or incitement to riot
Any person guilty of the crime, as set forth in Section 1320.2 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1320.2&originatingDoc=NBFCD1170C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, shall be deemed guilty of a felony, punishable by not more than three (3) years in prison, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1320.5. Penalty for unlawful assembly
Any person guilty of the crime, as set forth in Section 1320.3 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1320.3&originatingDoc=NBFE68CE0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, shall be deemed guilty of a felony, punishable by not more than three (3) years in prison, or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1320.6. Labor disputes
The provisions of this chapter shall not apply to employer-employee disputes in any manner or to employees engaged in a labor dispute.
LA 07-21, eff. February 22, 2021.
§ 1320.7. Insurance policies
The provisions of this chapter shall not, in any way, be construed to have any bearing on any insurance policy now in effect, or those to be issued in the future.
LA 07-21, eff. February 22, 2021.
§ 1320.10. Teaching, demonstrating or training in the use of firearms, explosives or incendiary devices in furtherance of riot or civil disorder
No person, except those specifically authorized by the Nation, state or federal government, shall:
1. Teach or demonstrate to any group of persons the use, application or making of any firearm, explosive or incendiary device or application of physical force capable of causing injury or death to a person knowing or intending that such firearm, explosive or incendiary device or application of physical force will be employed for use in, or in furtherance of, a riot or civil disorder; or
2. Assemble with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or application of physical force capable of causing injury or death to a person, intending to employ such firearm, explosive or incendiary device or application of physical force for use in, or in furtherance of, a riot or civil disorder. Any violation of this section shall be a felony.
LA 07-21, eff. February 22, 2021.
ENTRY OR INTRUSION ON REAL ESTATE
§ 1351. Forcible entry and detainer
Every person guilty of using or procuring, encouraging or assisting another to use any force, or violence in entering upon or detaining any lands or other possessions of another except in the cases and manner allowed by law, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1352. Returning to possession after lawful removal
Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterward, without authority by law, returns to settle or reside upon such lands, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1353. Unlawful intrusion upon lands
Every person who intrudes or squats upon any lot or piece of land within the bounds of any incorporated city or town without license or authority from the owner thereof, or who erects or occupies thereon any hut, hovel, shanty, or other structure whatever without such license or authority; and every person who places, erects or occupies within the bounds of any street or avenue of such city or town, any hut, hovel, shanty or other structure whatever, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
MISCELLANEOUS PROVISIONS
§ 1361. Disturbing lawful meeting
Every person who without authority of law willfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than a religious meeting, public meeting of electors, or funeral, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1362. Disturbance by loud or unusual noise or abusive, violent, obscene, profane or threatening language
If any person shall willfully or maliciously disturb, either by day or night, the peace and quiet of any city of the first class, town, village, neighborhood, family or person by loud or unusual noise, or by abusive, violent, obscene or profane language, whether addressed to the party so disturbed or some other person, or by threatening to kill, do bodily harm or injury, destroy property, fight, or by quarreling or challenging to fight, or fighting, or shooting off any firearms, or brandishing the same, or by running any horse at unusual speed along any street, alley, highway or public road, he shall be deemed guilty of a crime, and, on conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), or by imprisonment for a term not to exceed thirty (30) days, or by both such fine and imprisonment, at the discretion of the Court or jury trying the same.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1363. Use of language calculated to arouse anger or cause breach of peace
If any person shall make use of any profane, violent, abusive or insulting language toward or about another person, in the presence or hearing, which language, in its common acceptation, is calculated to arouse to anger the person about or to whom it is spoken or addressed, or to cause a breach of the peace or an assault, every such person shall be deemed guilty of a breach of the peace, and, upon conviction thereof, shall be punished by a fine in any sum not to exceed One Hundred Dollars ($100.00), or by imprisonment in the penal institution not to exceed thirty (30) days, or by both such fine and imprisonment, at the discretion of the Court or jury trying the same.
LA 10-90, eff. November 13, 1990.
§ 1364. Discharging firearms in public place
Every person who willfully discharges anypistol, shotgun, air-gun or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1365. Trespassing on railway trains a misdemeanor
Any person, other than a railway employee in the discharge of his duty, who, without authority from the conductor of the train, rides, or attempts to ride, on top of any car, coach, engine or tender, on any railroad in this state, or on the drawheads between the cars, or under cars or truss rods or trucks, or in any freight car, or on the platform of any baggage car, express car, or mail car, or any train in this state, shall be guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1368. Possession of explosives by convicted felons-Penalty
Any person who has been convicted of a crime under the laws of this Nation or any other state or the laws of the United States who, with an unlawful intent, is in possession of any explosives, upon conviction, shall be guilty of a felony punishable by imposition of a fine in an amount not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment for a term not to exceed third (3) years.
For the purposes of this section, “explosive” means any chemical compound or mechanical mixture that is commonly used or which is intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, by chemical reaction, or by detonation of any part of the compound or mixture may cause gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb. Provided, that dynamite, nitroglycerin, gunpowder, blasting powder and trinitrotoluene shall be deemed explosives without further proof of their explosive nature. The term “explosive” shall also include all material which is classified as explosive by the United States Department of Transportation. The term “explosive” shall not include explosives in the forms prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as defined by Section 1622 of Title 68 of the Oklahoma Statutes; or small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations promulgated thereunder;
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1377. Projecting object at public event
It shall be unlawful for any person in attendance at an athletic or other public entertainment event to project in any manner an object which could cause bodily harm to another person.
Any person violating the provisions of this section shall be subject to ejection from the event by the officials supervising the event.
A violation of this section shall be a misdemeanor punishable by a fine not exceeding One Hundred Dollars ($100.00).
The provisions of this section shall not apply to the participants in the athletic or other public entertainment event.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1378. Attempting, conspiring or endeavoring to perform act of violence involving serious bodily harm or death--Threats--Devising plan, scheme or program of action to cause serious bodily harm or death
A. Any person who shall attempt, conspire or endeavor to perform an act of violence involving or intended to involve serious bodily harm or death of another person shall be guilty of a felony, punishable upon conviction thereof by imprisonment for a period of not more than three (3) years.
B. Any person who shall threaten to perform an act of violence involving or intended to involve serious bodily harm or death of another person shall be guilty of a misdemeanor, punishable upon conviction thereof by imprisonment in the county jail for a period of not more than six (6) months.
C. Any person who shall devise any plan, scheme or program of action to cause serious bodily harm or death of another person with intent to perform such malicious act of violence, whether alone or by conspiring with others, shall be guilty of a felony, punishable upon conviction thereof by imprisonment for a period of not more than three (3) years.
LA 07-21, eff. February 22, 2021.
PART VII
CRIMES AGAINST PROPERTY
CHAPTER 56
ARSON
Section
1401. Arson in the first degree-
1402. Arson in the second degree
1403. Arson in the third degree
1404. Arson in the fourth degree-Punishment
1405. Endangering or causing personal injury to human life during commission of arson
1411. Fraudulent bill of lading
1412. Fraudulent warehouse receipt
1413. Correspondence between instrument and merchandise received
1414. Duplicate receipts or vouchers
1415. Selling goods without consent of holder of bill of lading
1416. Unlawful delivery of goods
1417. When law does not apply
§ 1401. Arson in the first degree-
A. Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device, accelerant, ignition device, heat-producting device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any building or structure or contents thereof, inhabited or occupied by one or more persons, whether the property ofthat person or another, or who willfully and maliciously sets fire to or burns, or by the use of any explosive device, accelerant, ignition device, heat producing device or substance causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
B. Any person who, while manufacturing, attempting to manufacture or endeavoring to manufacture a controlled dangerous substance in violation of 21 CNCA § 2101, et seq., destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any building or contents thereof, inhabited or occupied by one or more persons whether the property of that person or another, or who while manufacturing or attempting to manufacture a controlled dangerous substance in violation of 21 CNCA § 2101, et seq. causes a person to be burned, or aids, counsels or procures the burning of a person shall, upon conviction, be guilty of arson in the first degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1402. Arson in the second degree-
Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance or while manufacturing or attempting to manufacture a controlled dangerous substance in violation of 21 CNCA § 2101 et. seq. in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any uninhabited or unoccupied building or structure or contents thereof, whether the property of himself or another, shall be guilty of arson in the second degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1403. Arson in the third degree-
A. A. Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning of any property whatsoever, including automobiles, trucks, trailers, motorcycles, boats, standing farm crops, pasture lands, forest lands, or any other property not herein specifically named, such property being worth not less than Fifty Dollars ($50.00), whether the property of himself or another, shall be guilty of arson in the third degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
B. B. Any person who willfully and maliciously, and with intent to injure or defraud the insurer, sets fire to or burns or by use of any explosive device or substance destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels, or procures the burning or destruction of any building, property, or other chattels, whether the property of himself or another, which shall at the time be insured against loss or damage by fire or explosion, shall be guilty of arson in the third degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
C. Arson in the third degree is a felony.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1404. Arson in the fourth degree-Punishment
A. A. Any person who willfully and maliciously attempts to set fire to or burn or attempts by use of any explosive device or substance to destroy in whole or in part, or causes to be burned or destroyed, or attempts to counsel or procure the burning or destruction of any building or property mentioned in 21 CNCA § 1401, 21 CNCA § 1402 or 21 CNCA § 1403 shall be guilty of arson in the fourth degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
B. B. The placing or distributing of any flammable, explosive or combustible material or substance or any device in any building or property mentioned in 21 CNCA § 1401, 21 CNCA § 1402 or 21 CNCA § 1403, in an arrangement or preparation with intent to eventually willfully and maliciously set fire to or burn or to procure the setting fire to or burning of same, shall for the purposes of this section constitute an attempt to burn such building or property, and shall be guilty of arson in the fourth degree, which is a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment.
C. Arson in the fourth degree is a felony.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1405. Endangering or causing personal injury to human life during commission of arson
Any person violating any of the provisions of Sections 1401, 1402, 1403 or 1404 of this title who during such violation endangers any human life, including all emergency service personnel, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000), or by both such fine and imprisonment. If personal injury results, the person shall be punished by imprisonment for a term not to exceed three (3) years.
LA 07-21, eff. February 22, 2021.
§ 1411. Fraudulent bill of lading
Any person being the master, owner or agent of any vessel, or officer or agent of any railroad, express or transportation company, or otherwise being or representing any carrier who delivers any bill of lading, receipt or other voucher, or by which it appears that any merchandise of any description has been shipped on board of any vessel, or delivered to any railroad, express or transportation company or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner or agent of such vessel, or some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1412. Fraudulent warehouse receipt
Any person carrying on the business of a warehouseman, wharfinger or other depositary of property, who issues any receipt, bill of lading or other voucher for any merchandise of any description which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise, or as security for any indebtedness, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1413. Correspondence between instrument and merchandise received
No person can be convicted of any offense under the last two sections1 by reason that the contents of any barrel, box, case, cask or other vessel or package mentioned in the bill of lading, receipt or other voucher, did not correspond with the description given in such instrument of the merchandise received, if such description corresponded substantially with the marks, labels or brands upon the outside of such vessel or package, unless it appears that the accused knew that such marks, labels or brands were untrue.
LA 07-21, eff. February 22, 2021.
§ 1414. Duplicate receipts or vouchers
Any person mentioned in Section 1411 or 1412 of this title, who issued any second or duplicate receipt or voucher of a kind specified in those two sections, at a time while any former receipt or voucher for the merchandise specified in the second receipt is outstanding and uncancelled, without writing across the face of the same the word “Duplicate,” in a plain and legible manner, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1415. Selling goods without consent of holder of bill of lading
Any person mentioned in Section 1411 or 1412 of this title, who sells, hypothecates or pledges any merchandise for which any bill of lading, receipt or voucher has been issued by him without the consent in writing thereto of the person holding such bill, receipt or voucher, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
LA 07-21, eff. February 22, 2021.
§ 1416. Unlawful delivery of goods
Any person mentioned in Section 1412 of this title, who delivers to another any merchandise for which any bill of lading, receipt or voucher has been issued, unless such receipt or voucher bore upon its face the words “Not negotiable,” plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of delivery or unless, in the case of partial delivery, a memorandum thereof is endorsed upon such receipt or voucher, shall be punishable as follows:
1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; and
4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
LA 07-21, eff. February 22, 2021.
§ 1417. When law does not apply
The last two sections do not apply where property is demanded by virtue of process of law.
LA 07-21, eff. February 22, 2021.
CHAPTER 58
BURGLARY AND HOUSE BREAKING
Section
1431. Burglary in first degree
1435. Burglary in second degree and third degree-Acts constituting
1436. Punishment of burglary
1437. Possession of burglar's implements
1438. Entering building or other structure with intent to commit felony, larceny or malicious mischief-Breaking and entering dwelling without permission
1439. Dwelling and dwelling house defined
1440. "Night time" defined
1441. Burglary with explosives
1442. Possession of certain tools by persons previously convicted of burglary
§ 1431. Burglary in first degree
Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:
1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or
2. By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or
3. By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window;
is guilty of burglary in the first degree.
LA 10-90, eff. November 13, 1990.
§ 1435. Burglary in second degree and third degree-Acts constituting
A. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car, or other structure or erection, in which any property is kept, or breaks into or forcibly opens, any coin-operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.
B. Every person who breaks and enters any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the third degree.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1436. Punishment of burglary
Burglary is a felony punishable by imprisonment as follows:
1. Burglary in the first degree for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine;
2. Burglary in the second degree for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine; and
3. Burglary in the third degree for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1437. Possession of burglar's implements
Every person who, under circumstances not amounting to a felony has in his possession any dangerous offensive weapon or instrument whatever, or any pick-lock, crow, key, bit, jack, jimmy, nippers, pick, betty or other implement of burglary, with intent to break and enter any building or part of any building, booth, tent, railroad car, vessel or other structure or erection and to commit any felony therein, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1438. Entering building or other structure with intent to commit felony, larceny or malicious mischief - Breaking and entering dwelling without permission
A. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any crime, larceny, or malicious mischief, is guilty of amiosdemeanor.
B. Every person who, without the intention to commit any crime therein, shall willfully and intentionally break and enter into any building, trailer, vessel or other premises used as a dwelling without the permission of the owner or occupant thereof, except in the cases and manner allowed by law, shall be guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1439. Dwelling and dwelling house defined
A. The term "dwelling house," as used in 21 CNCA § 1431 et seq., includes every house or edifice, any part of which has usually been occupied by any person lodging therein at night, and any structure joined to and immediately connected with such a house or edifice.
B. The term “dwelling” as used in Section 1438 of this title includes every house, trailer, vessel, apartment or other premises, any part of which has usually been occupied by a person lodging therein at night and any structure joined to and immediately connected with such house, trailer or apartment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1440. "Night time" defined
The words "night time" in this chapter include the period between sunset and sunrise.
LA 10-90, eff. November 13, 1990.
§ 1441. Burglary with explosives-
Any person who enters any building, railway car, vehicle, or structure and there opens or attempts to open any vault, safe, or receptacle used or kept for the secure keeping of money, securities, books of accounts, or other valuable property, papers or documents, without the consent of the owner, by the use of or aid of dynamite, nitroglycerine, gunpowder, or other explosives, or who enters any such building, railway car, vehicle, or structure in which is kept any vault, safe or other receptacle for the safe keeping of money or other valuable property, papers, books or documents, with intent and without the consent of the owner, to open or crack such vault, safe or receptacle by the aid or use of any explosive, shall in either case be deemed guilty of felony punishable by imprisonment as follows for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1442. Possession of certain tools by persons previously convicted of burglary
Any person who has been previously convicted of the crime of burglary who has in his possession, custody or concealed about his person, or transports or causes to be transported, any combination of three (3) or more of the following tools: Sledge hammer, pry bar, punches, chisel, bolt cutters, with the intent to use or employ, or allow the same to be used or employed, in the commission of a crime, or knowing that the tools are to be used in the commission of a crime, shall be guilty of a felony.
LA 07-21, eff. February 22, 2021
CHAPTER 59
EMBEZZLEMENT
Section
1451. "Embezzlement" defined
1452. Reserved
1453. Reserved
1454. Reserved
1455. Reserved
1456. Reserved
1457. Reserved
1458. Evidence of debt subject of embezzlement
1459. Property taken under claim of title
1460. Intent to restore no defense
1461. Mitigation of punishment
1462. Reserved
1463. Reserved
1464. Reserved
1465. Property or goods under control of carrier or other person for purpose of interstate transportation--Abandonment without notice to owner
§ 1451. "Embezzlement" defined
A. "Embezzlement" is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:
1. Where the property was obtained by being entrusted. to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds “held in trust” for any purpose;
2. Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;
3. Where the property is possessed or controlled for the use of another person;
4. Where the property is to be used for a public or benevolent purpose;
5. Where any person diverts any money appropriated by law from the purpose and object of the appropriation;
6. Where any person fails or refuses to pay over to the Nation, or appropriate authority, any tax or other monies collected in accordance with relevant law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;
7. Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;
8. Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or
9. Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.
Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion or use of property.
B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:
1. If the value of the property embezzled is less than Five Hundred Dollars ($500.00), any person convicted shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment for a term not to exceed one (1) year, or by both such fine and imprisonment;
2. If the value of the property embezzled is Five Hundred Dollars ($500.00), or more but less than One Thousand Dollars ($1,000.00), any person convicted shall be guilty of a misdemeanor and shall be punished by imprisonment for a term not to exceed one (1) year or by imposition of a fine not exceeding Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment, and ordered to pay restitution to the victim as provided under the laws of this Nation;
3. If the value of the property embezzled is One Thousand Dollars ($1,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), any person convicted shall be guilty of a felony and shall be punished by imprisonment for a term not to exceed three (3) years, or by imposition of a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment, and ordered to pay restitution to the victim as provided under the laws of this Nation; or
4. If the value of the property embezzled is Twenty-five Thousand Dollars ($25,000.00) or more, any person convicted shall be guilty of a felony and shall be punished by imprisonment for a term not to exceed three (3) years, or by imposition of a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and ordered to pay restitution to the victim as provided under the laws of this Nation.
For purposes of this subsection, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the party’s intent to commit a continuing crime.
C. Any Cherokee Nation officer, deputy or employee of such officer, who shall divert any money appropriated by law from the purpose and object of the appropriation, shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, and a fine equal to triple the amount of money so embezzled and ordered to pay restitution to the victim as provided under the laws of this Nation.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1452. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1453. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1454. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1455. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1456. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1457. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1458. Evidence of debt subject of embezzlement
Any evidence of debt, negotiable by delivery only, and actually executed, is equally the subject of embezzlement whether it has been delivered or issued as a valid instrument or not.
LA 10-90, eff. November 13, 1990.
§ 1459. Property taken under claim of title
Upon any prosecution for embezzlement it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith even though such claim is untenable. But this provision shall not excuse the retention of the property of another, to offset or pay demand held against him.
LA 10-90, eff. November 13, 1990.
§ 1460. Intent to restore no defense
The fact that the accused intended to restore the property embezzled is no ground of defense, or of mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, charging the commission of the offense.
LA 10-90, eff. November 13, 1990.
§ 1461. Mitigation of punishment
Whenever it is made to appear that prior to any information laid before a magistrate charging the commission of embezzlement, the person accused voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, such is not a ground of defense to the indictment, but it authorizes the court to mitigate punishment in its discretion.
LA 10-90, eff. November 13, 1990.
§ 1462. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1463. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1464. Reserved
LA 07-21, eff. February 22, 2021
§ 1465. Property or goods under control of carrier or other person for purpose of interstate transportation--Abandonment without notice to owner
A. No carrier or other person having property or goods under its control for the purpose of interstate transportation for hire shall abandon the property or goods contained therein without notice to the owner of the property or goods.
B. Any person convicted of violating the provisions of subsection A of this section may be guilty of a misdemeanor and punished by imprisonment for a term not to exceed one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021
CHAPTER 60
EXTORTION AND BLACKMAIL
Section
1481. Extortion defined
1482. Threats constituting extortion
1483. Extortion or attempted extortion
1484. Extortion under color of official right
1485. Obtaining signature by extortion
1486. Letters, threatening
1487. Reserved
1488. Reserved
§ 1481. Extortion defined
Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force or fear, or under color of official right.
LA 10-90, eff. November 13, 1990.
§ 1482. Threats constituting extortion
Fear such as will constitute extortion, may be induced by a threat, either:
1st. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or member of his family; or
2nd. To accuse him, or any relative of his or member of his family, of any crime; or
3rd. To expose, or impute to him, or them, any deformity or disgrace; or
4th. To expose any secret affecting him or them.
LA 10-90, eff. November 13, 1990.
§ 1483. Extortion or attempted extortion
Every person who extorts or attempts to extort any money or other property from another, under circumstances not amounting to robbery, by means of force or any threat such as is mentioned in 21 CNCA § 1482 is guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00). A conviction for attempted extortion is a felony punishable by imprisonment for a term not to exceed two (2) years.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1484. Extortion under color of official right
Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed by this code, or by some of the statutes, which it specifies as continuing in force, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1485. Obtaining signature by extortion
Every person, who by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge or right of action created, is punishable in the same manner as if the actual delivery of such property or payment of the amount of such debt, demand, charge or right of action were obtained.
LA 10-90, eff. November 13, 1990.
§ 1486. Letters, threatening
Every person who, with intent to extort any money or other property from another, sends to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat, such as is specified in 21 CNCA § 1482, is punishable in the same manner as if such money or property were actually obtained by means of such threat.
LA 10-90, eff. November 13, 1990.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1488. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
CHAPTER 61
FALSE PRETENSES, FALSE PERSONATIONS, CHEATS AND FRAUDS
FRAUDS IN GENERAL
Section
1500. Real property loans-Securing by false instrument-Penalty
1501. Securing credit fraudulently-Penalty
1502. Fraudulent advertising prohibited--Punishment
1503. Value of Five Hundred Dollars or less-Value of more than Five Hundred Dollars but less than One Thousand Dollars - Valure of One Thousand Dollars or more
1505. False increase of weight
1506. Mock auction
1507. Fraud by auctioneer
1508. Fictitious copartnership
1509. Animals, false pedigree of
1510. Destroying evidence of ownership of wrecked property
1511. Fraud in limited partnership
1512. Misrepresentations in sale of nursery stock
1513. Penalty--Time for prosecution
1514. Insignia, badge or pin calculated to deceive, wearing of--Name of society, order or organization calculated to deceive, using-Punishment
1515. Telecommunication services--Unlawful procurement-Penalty
1516. Devices or plans to procure services--Making, possessing, etc., prohibited-Penalty
1517. Amateur radio operators exempt
1518. Misrepresentation of age by false document
1519. Penalties
1520. Provisions as cumulative
1522. Publication of telephone credit card information for fraudulent purposes
1523. Penalties--Civil action for damages
1524. Falsely holding out as notary or performing notarial act-Penalty
FALSE PERSONATION
1531. Marriage by impersonator-Becoming bail or surety-Execution of instrument-Creating liability or benefit
1532. Receiving money or property intended for individual personated
1533. Penalties-Definitions-Certain defenses excluded
1533.1. Identity theft--Penalties--Civil action
1533.2. Fraudulently obtaining another person's information of financial institution--Presenting false or fraudulent information to officer, employee, agent or another customer of financial institution
1533.3. Identity theft incident report--Preparation and filing by local law enforcement--Reports not considered open cases
FALSE PRETENSES; TRICK OR DECEPTION
1541.1. Obtaining property by Trick or deception- Attempt - False Representation or pretense - Confidence Game
1541.2. Value of money, property or valuable thing-Penalty
1541.3. Value of bogus checks, drafts or orders-Penalty
1541.4. "False or bogus check or checks" defined
1541.5. "Credit" defined
1541.6. Refund fraud-Penalties
1541.7. Revolving Fund Established
1542. Obtaining property or signature under false pretenses-Use of retail sales receipt or Universal Price Code Labe to cheat or defraud
1543. Obtaining signature or property for charitable purposes by false pretenses
1544. False negotiable paper
1545. Using false check--False token
1546. Removing, defacing, altering or obliterating--Subsequent sale
1547. Person acquiring machine or device with mark removed, altered, etc.
1548. Vehicles excepted
1549. Changes of serial numbers by original manufacturer
1550. Person committing felony in possession or control of firearm with removed, defaced, etc. serial number
1550.1. Definitions
1550.2. Value of Five Hundred Dollars or less--Value of more than Five Hundred Dollars
1550.3. Actual notice
1550.21. Definitions
1550.22. Taking credit card or debit card--Receiving taken credit or debit card
1550.23. Receiving, holding or concealing lost or mislaid card
1550.24. Selling or buying credit card or debit card
1550.25. Controlling credit or debit card as security for debt
1550.26. Receiving taken or retained card upon giving consideration
1550.27. False making or embossing of credit or debit card
1550.28. Signing of card--Possession of signed or unsigned card
1550.29. Forged or revoked card
1550.30. Failure to furnish money, goods or services represented to have been furnished
1550.31. Possessing incomplete cards
1550.32. Receiving of money, goods, or services in violation of Section 1550.29
1550.33. Penalties
1550.34. Other criminal law not precluded-Exception
1550.39. Use of scanning or skimming device on credit or debit cards--Use of reencoder on credit or debit cards--Possession of skimming device
1550.41. Definitions--Offenses-Penalties
1550.42. Entities authorized to print identification documents, cards and certificates--Issuance of certain documents limited to citizens, nationals and legal permanent resident aliens
1550.43. False or fraudulent identification cards, etc.--Seizure and forfeiture of cards and equipment--Service of notice--Hearing--Claim for equipment--Liability--Expenses--Proceeds--Definitions
FRAUDS IN GENERAL
§ 1500. Real property loans-Securing by false instrument-Penalty
A. It shall be unlawful for any person willfully, knowingly, or fraudulently to make, issue, deliver, use or submit, or to participate in making, issuing, delivering, using or submitting any fictitious, false or fraudulent offer, agreement, contract or other instrument concerning any real property or improvements thereon for the purpose either of inducing or attempting to induce any lender, prospective lender or government agency to make any loan, advance or commitment or of securing any guaranty or insurance in connection therewith.
B. Any person violating the provisions of this act shall be deemed to be guilty of a misdemeanor and upon convictions shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than one (1) year, or both.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1501. Securing credit fraudulently-Penalty
Any person who shall:
1. Knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself, or any other person, firm or corporation, in whom he is interested, or for whom he is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange or promissory note, for the benefit of either himself or of such person, firm or corporation; or
2. With knowledge that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself, or such person, firm or corporation in which he is interested, or for whom he is acting, procures, upon the faith thereof, for the benefit either of himself, or of such person, firm or corporation, either or any of the things of benefit mentioned in paragraph 1st of this section; or
3. With knowledge that a statement in writing has been made, respecting the financial condition or means or ability to pay of such person, or any other person, firm or corporation, in which the person is interested, or for whom the person is acting, represents on a later date in writing, that the statement theretofore made, if then again made on said day, would be then true, when in fact, the statement if then made would be false, and procures upon the faith thereof, for the benefit of either such person or any other person, firm or corporation, either or any of the things of benefit mentioned in paragraph 1 of this section; or
4.Knowingly with intent to defraud, make any false statement or report or willfully falsify the value of any land, property or security for the purpose of influencing in any way the action taken or decision made on any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release or substitution of security;
shall be upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than six (6) months or by a fine of not more than Five Hundred Dollars ($500.00), or both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1502. Fraudulent advertising prohibited--Punishment
Any person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in this state, in a newspaper or publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) or by imprisonment for a term not exceeding twenty (20) days, or both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1503. Value of Five Hundred Dollars or less--Value of more than Five Hundred Dollars but less than One Thousand Dollars--Value of One Thousand Dollars or more
Any person who shall obtain food, lodging, services or other accommodations at any hotel, inn, restaurant, boarding house, rooming house, motel or auto camp, with intent to defraud the owner or keeper thereof, if the value of such food, lodging, services or other accommodations is less than One Thousand Dollars ($1,000.00), shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Five Hundred Dollars ($500.00), or be imprisoned for a term not exceeding three (3) months, or punished by both such fine and imprisonment, and if the value of such food, lodging, services or accommodations is valued at One Thousand Dollars ($1,000.00) or more, any person convicted hereunder shall be deemed guilty of a felony and shall be punished by a fine not exceeding Fifteen Thousand Dollars ($15,000.00) or imprisonment for a term not exceeding three (3) years, or by both such fine and imprisonment. Any person who shall obtain shelter, lodging, or any other services at any apartment house, apartment, rental unit, rental house, or trailer camp, with intent to defraud the owner or keeper thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding One Hundred Dollars ($100.00), or be imprisoned for a term not exceeding three (3) months, or be punished by both fine and imprisonment. Proof that such lodging, food, services or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that he gave a check on which payment was refused, or that he left the hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit or rental house, trailer camp or auto camp, without payment or offering to pay for such food, lodging, services or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, or that he registered under a fictitious name, shall be prima facie proof of the intent to defraud mentioned in this section; but this section shall not apply where there has been an agreement in writing for delay in payment.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1505. False increase of weight
Every person who puts or conceals in any bag, bale, box, barrel or other package of goods usually sold by weight any other thing whatever for the purpose of increasing the weight of such package shall be punished by a fine of Twenty-five Dollars ($25.00) for each offense.
LA 07-21, eff. February 22, 2021.
§ 1506. Mock auction
Any person who obtains any money or property from another, or obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property by auction, or by any of the practices known as mock auctions, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding three (3) years or in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment; and, in addition, the person forfeits any license he may hold to act as an auctioneer, and is forever disqualified from receiving a license to act as auctioneer within this state.
LA 07-21, eff. February 22, 2021.
§ 1507. Fraud by auctioneer
Every person carrying on, or employed about the business of selling property or goods by auction, who sells any goods or property in a damaged condition which he offers as sound or in a good condition, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1508. Fictitious copartnership
Every person transacting business in the name of a person as a partner who is not interested in his firm, or transacting business under a firm name in which the designation “and company” or “& Co.” is used without representing an actual partner except in the cases in which the continued use of a copartnership name is authorized by law, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1509. Animals, false pedigree of
Every person who by any false pretense shall obtain from any club, association, society or company, for improving the breed of cattle, horses, sheep, swine, or other domestic animals, the registration of any animal in the herd register of any such club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be deemed guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1510. Destroying evidence of ownership of wrecked property
Every person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading or other document tending to show the ownership, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1511. Fraud in limited partnership
Every member of a limited partnership who is guilty of any fraud in the affairs of the partnership, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1512. Misrepresentations in sale of nursery stock
It shall be unlawful for any person, firm or corporation, acting either as principal or agent to sell to any person, firm or corporation any fruit tree or fruit trees, plants or shrubs representing same to be thrifty or of a certain kind, variety or description and thereafter to deliver to such purchaser in filling such order and in completing such sale any fruit trees, plants or shrubs of a different kind, variety or description than the kind, variety or description of such fruit trees, plants or shrubs so ordered and sold.
LA 07-21, eff. February 22, 2021.
§ 1513. Penalty--Time for prosecution
Any person, firm, or corporation, acting either as principal or agent, violating any provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for a term not to exceed more than six (6) months, or by both fine and imprisonment: Provided, that prosecutions under said section may be commenced at any time within seven (7) years from the time of the delivery to the purchaser of the fruit trees, plants or shrubs therein mentioned.
LA 07-21, eff. February 22, 2021.
§ 1514. Insignia, badge or pin calculated to deceive, wearing of--Name of society, order or organization calculated to deceive, using--Punishment
Any person who shall wear the badge, pin, or insignia, or shall use the name of any society, order or organization of ten (10) years’ standing or existence in this Nation, either in the identical form or in any such near resemblance thereto as might be calculated to deceive, or shall use the same to obtain aid or assistance within this Nation, unless entitled to use or wear the same under the constitution and bylaws, rules and regulations of such order or society, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not less than Twenty-five Dollars ($25.00), nor more than One Hundred Dollars ($100.00), and in addition thereto, may be imprisoned for a period of time not exceeding thirty (30) days.
LA 07-21, eff. February 22, 2021.
§ 1515. Telecommunication services--Unlawful procurement--Penalty
Any individual, corporation, or other person, who, with intent to defraud or to aid and abet another to defraud any individual, corporation, or other person, of the lawful charge, in whole or in part, for any telecommunications service, shall avoid or attempt to avoid or shall cause or assist another to avoid or attempt to avoid any such charge for such service:
(a) by charging such service to an existing account, or using such services from an existing account, telephone number or credit card number without the authority of the subscriber thereto or the legitimate holder thereof; or
(b) by charging such service to a nonexistent, false, fictitious, or counterfeit account, telephone number or credit card number or to a suspended, terminated, expired, cancelled or revoked telephone number or credit card number; or
(c) by use of a code, prearranged scheme, or other similar strategem or device whereby said person in effect sends or receives information; or
(d) by rearranging, tampering with or making connection with any facilities or equipment of a telephone or other communications company, whether physically, inductively, acoustically, or electrically, or by utilizing such service, having reason to believe that such rearrangement, connection, or tampering existed or occurred;
shall be guilty of a misdemeanor, and shall, upon conviction thereof, be imprisoned not exceeding one (1) year or fined not exceeding One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
LA 07-21, eff. February 22, 2021.
§ 1516. Devices or plans to procure services--Making, possessing, etc., prohibited--Penalty
Any individual, corporation or other person who:
(a) makes or possesses any instrument, apparatus, equipment, or device designed, adapted or which can be used
(1) to fraudulently avoid the lawful charge for any telecommunication service in violation of Section 1 of this act; or
(2) to conceal, or to assist another to conceal, from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication; or
(b) sells, gives or otherwise transfers to another, or offers or advertises to sell, give or otherwise transfer, any instrument, apparatus, equipment, or device, described in (a) above, or plans or instructions for making or assembling the same; under circumstances evidencing an intent to use or employ such instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in (a)(1) or (a)(2), above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device;
shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be imprisoned not exceeding one (1) year or fined not exceeding One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
LA 07-21, eff. February 22, 2021.
§ 1517. Amateur radio operators exempt
Nothing herein shall apply to public service and emergency communications performed by holders of valid Federal Communications Commission radio amateur licenses without charge on the part of such licensees; provided that nothing herein shall excuse any person from compliance with lawful tariffs of any telecommunications company.
LA 07-21, eff. February 22, 2021.
§ 1518. Misrepresentation of age by false document
It shall be unlawful for any person, for the purpose of violating any statutes of Cherokee Nation, to willfully and knowingly misrepresent his age by presenting a false document purporting to state his true age.
LA 10-90, eff. November 13, 1990.
§ 1519. Penalties
Any person violating the provisions of 21 CNCA § 1518 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed One Hundred Dollars ($100.00), or shall be imprisoned for a period of not to exceed thirty (30) days, or by both such fine and confinement.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1520. Provisions as cumulative
The provisions of this act shall be cumulative to existing laws.
LA 10-90, eff. November 13, 1990.
§ 1522. Publication of telephone credit card information for fraudulent purposes
Any person who publishes or causes to be published the number or code of an existing, canceled, revoked, expired or nonexistent telephone credit card, or the numbering or coding system which is employed in the issuance of telephone credit cards, with the intent that it be used to fraudulently avoid the payment of any lawful toll charge, is guilty of a misdemeanor.
As used in this section, “published” means the communication of information to any one or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article or book.
LA 07-21, eff. February 22, 2021.
§ 1523. Penalties--Civil action for damages
Any person convicted of violating a prohibition contained in this act<#co_footnote_IB77F02C0FFA311DEAE9ED9137ED> shall be imprisoned for a term not exceeding one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both. Such person also shall be liable for the amount of the damages, loss and expense, including attorney fees and expenses of investigation incurred by any transmission company by reason of or resulting from the unlawful publication, directly or indirectly, such damages to be recovered in a civil action.
LA 07-21, eff. February 22, 2021.
§ 1524. Falsely holding out as notary or performing notarial act-Penalty
A. No person in this Nation shall hold himself out as a notary public, attach his signature as a notary public, use a notary public seal, or perform any notarial act unless he is authorized pursuant to the provisions of 49 CNCA § 114 to perform such acts.
B. Any person convicted of knowingly and willfully violating any of the provisions of this section shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
FALSE PERSONATION
§ 1531. Marriage by impersonator-Becoming bail or surety-Execution of instrument-Creating liability or benefit
Any person who falsely personates another, and in such assumed character:
1. Marries or pretends to marry, or to sustain the marriage relation toward another, with or without the connivance of such other person; or
2. Becomes bail or surety for any party, in any proceeding whatever, before any court or officer authorized to take such bail or surety; or
3. Subscribes, verifies, publishes, acknowledges or proves, in the name of another person, any written instrument, with intent that the same may be delivered or used as true; or
4. Does any other act whereby, if it were done by the person falsely personated, he might in any event become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture or penalty, or whereby any benefit might accrue to the party personating, or to any other person;
shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00).
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1532. Receiving money or property intended for individual personated
Every person who falsely personates another, and in such assumed character receives any money or property, that knowing it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person who is not entitled thereto, is punishable in the same manner and to the same extent as for larceny of the money or property so received.
LA 10-90, eff. November 13, 1990.
§ 1533. Penalties-Definitions-Certain defenses excluded
A. Except as provided in subsection B of this section, every person who falsely personates any public officer, civil or military, any firefighter, any law enforcement officer, any emergency medical technician or other emergency medical care provider, or any private individual having special authority by law to perform any act affecting the rights or interests of another, or who assumes, without authority, any uniform or badge by which such officers or persons are usually distinguished, and in such assumed character does any act whereby another person is injured, defrauded, harassed, vexed or annoyed, upon conviction, is guilty of a misdemeanor punishable by imprisonment for a term not exceeding six (6) months, or by a fine not exceeding Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
B. Every person who falsely personates any public officer or any law enforcement officer in connection with or relating to any sham legal process shall, upon conviction, be guilty of a felony, punishable by imprisonment for not more than three (3) years, or a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
C. Every person who falsely asserts authority of law not provided for by federal or state law in connection with any sham legal process shall, upon conviction, be guilty of a felony, punishable by imprisonment for not more than three (3) years, or a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
D. Every person who, while acting falsely in asserting authority of law, attempts to intimidate or hinder a public official or law enforcement officer in the discharge of official duties by means of threats, harassment, physical abuse, or use of sham legal process shall, upon conviction, be guilty of a felony punishable by imprisonment for not more than three (3) years, or a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
E. Any person who, without authority under federal or state law, acts as a supreme court justice, a district court judge, an associate district judge, a special judge, a magistrate, a clerk of the court or deputy, a notary public, a juror or other official holding authority to determine a controversy or adjudicate the rights or interests of others, or signs a document in such capacity, shall, upon conviction, be guilty of a felony punishable by imprisonment for not more than three (3) years, or a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
F. Every person who uses any motor vehicle or motor-driven cycle usually distinguished as a law enforcement vehicle or equips any motor vehicle or motor-driven cycle with any spot lamps, audible sirens, or flashing lights, in violation of Section 12-217, 12-218 or 12-227 of Title 47 of the Cherokee Nation Code Annotated, or in any other manner uses any motor vehicle or motor-driven cycle:
1. Which, by markings that conform to or imitate the markings required or authorized in subsection B of Section 151 of Title 47 of the Cherokee Nation Code Annotated and used by the Oklahoma Highway Patrol Division of the Department of Public Safety, conveys to any person the impression or appearance that it is a vehicle of the Oklahoma Highway Patrol shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or both fine and imprisonment; provided, nothing in this paragraph shall be construed to prohibit the use of such a vehicle for exhibitions, club activities, parades, and other functions of public interest and which is not used on the public roads, streets, and highways for regular transportation; or
2. For the purpose of falsely personating a law enforcement officer and who in such assumed character commits any act whereby another person is injured, defrauded, harassed, vexed or annoyed shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
G. 1. Any person who displays or causes to be displayed words alone or in conjunction with any other word or words on any motor vehicle, badge, clothing, identification card, or any other object or document with the intent to communicate peace officer or investigating authority shall, upon conviction, be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). This paragraph shall not apply to any officer with the appropriate investigatory or law enforcement authority within the Nation.
2. Any person who displays or causes to display such words as provided in this subsection for the purpose of falsely personating a law enforcement officer and as such commits any act whereby another person is injured, defrauded, harassed, vexed or annoyed shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
H. As used in this section:
1. “Sham legal process” means the issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, and purports to do any of the following:
a. to be a summons, subpoena, judgment, arrest warrant, search warrant, or other order of a court recognized by the laws of this state, a law enforcement officer commissioned pursuant to state or federal law or the law of a federally recognized Indian tribe, or a legislative, executive, or administrative agency established by state or federal law or the law of a federally recognized Indian tribe,
b. to assert jurisdiction or authority over or determine or adjudicate the legal or equitable status, rights, duties, powers, or privileges of any person or property, or
c. to require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property; and
2. “Lawfully issued” means adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, this Nation, a state, or a political subdivision of a state.
I. It shall not be a defense to a prosecution under subsection B, C, D or E of this section that:
1. The recipient of the sham legal process did not accept or believe in the authority falsely asserted in the sham legal process;
2. The person violating subsection B, C, D or E of this section does not believe in the jurisdiction or authority of this state or of the United States government; or
3. The office the person violating subsection B, C, D or E of this section purports to hold does not exist or is not an official office recognized by tribal, state, or federal law.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1533.1. Identity theft--Penalties--Civil action
A. It is unlawful for any person to willfully and with fraudulent intent obtain the name, address, Social Security number, date of birth, place of business or employment, debit, credit or account numbers, driver license number, or any other personal identifying information of another person, living or dead, with intent to use, sell, or allow any other person to use or sell such personal identifying information to obtain or attempt to obtain money, credit, goods, property, or service in the name of the other person without the consent of that person.
B. It is unlawful for any person to use with fraudulent intent the personal identity of another person, living or dead, or any information relating to the personal identity of another person, living or dead, to obtain or attempt to obtain credit or anything of value.
C. It is unlawful for any person with fraudulent intent to lend, sell, or otherwise offer the use of such person's own name, address, Social Security number, date of birth, or any other personal identifying information or document to any other person with the intent to allow such other person to use the personal identifying information or document to obtain or attempt to obtain any identifying document in the name of such other person.
D. It is unlawful for any person to willfully create, modify, alter or change any personal identifying information of another person with fraudulent intent to obtain any money, credit, goods, property, service or any benefit or thing of value, or to control, use, waste, hinder or encumber another person's credit, accounts, goods, property, title, interests, benefits or entitlements without the consent of that person.
E. Any person convicted of violating any provision of this section shall be guilty of identity theft. Any person who violates the provisions of subsection A, B or D of this section shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment. Any person who violates the provisions of subsection C of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Restitution to the victim may be ordered in addition to any criminal penalty imposed by the court. The victim of identity theft may bring a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft.
LA 07-21, eff. February 22, 2021.
§ 1533.2. Fraudulently obtaining another person's information of financial institution--Presenting false or fraudulent information to officer, employee, agent or another customer of financial institution
A. It is unlawful for any person to willfully and knowingly obtain, or attempt to obtain, another person's personal, financial or other information of a financial institution by means of any false or fraudulent statement made to any officer, employee, agent or customer of such financial institution.
B. It is unlawful for any person to willfully and knowingly present any false or fraudulent document or information, or any document or information obtained or used without lawful consent or authority, to any officer, employee, agent or another customer of such financial institution to obtain, or attempt to obtain, another person's personal, financial or other information from a financial institution or to commit any crime.
C. Any person violating any provision of this section shall, upon conviction, be guilty of a felony punishable by imprisonment for a term of not more than three (3) years. In addition, the court may order restitution to be paid by the defendant to every customer whose information was obtained or otherwise utilized in violation of this provision.
LA 07-21, eff. February 22, 2021.
§ 1533.3. Identity theft incident report--Preparation and filing by local law enforcement--Reports not considered open cases
A. Notwithstanding that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft, victims of identity theft have the right to contact the local law enforcement agency where the victim is domiciled and have an incident report about the identity theft prepared and filed. The local law enforcement agency that prepares and files the incident report shall, upon request, provide the victim with a copy of the incident report. The law enforcement agency may share the incident report with law enforcement agencies located in other jurisdictions. For purposes of this section, “incident report” means a loss or other similar report prepared and filed by a local law enforcement agency.
B. Nothing in this section shall interfere with the discretion of a local law enforcement agency to allocate resources for investigations of crimes. An incident report prepared and filed pursuant to this section shall not be an open case for purposes of compiling open case statistics.
LA 07-21, eff. February 22, 2021.
FALSE PRETENSES; TRICK OR DECEPTION
§ 1541.1. Obtaining property by trick or deception - Attempt False Representation or pretense - Confidence Game
Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, of a value less than One Thousand Dollars ($1,000.00), by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the “confidence game”, or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 25-02, eff. August 22, 2002, LA 07-21, eff. February 22, 2021.
§ 1541.2. Value of money, property or valuable thing-Penalty
A. If the value of the money, property or valuable thing referred to in Section 1541.1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1541.1&originatingDoc=N47999B00B62E11E88EE7C443E672F7AD&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title is:
1. One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment;
2. Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine; or
3. Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
B. Any person convicted pursuant to this section shall also be ordered to pay restitution to the victim as provided under the laws of this Nation.
LA 25-02, eff. August 22, 2002, LA 07-21, eff. February 22, 2021.
§ 1541.3. Value of bogus checks, drafts or orders--Penalty
Any person making, drawing, uttering or delivering two or more false or bogus checks, drafts or orders, as defined by Section 1541.4 of this title, the total sum of which is Two Thousand Dollars ($2,000.00) or more, even though each separate instrument is written for less than One Thousand Dollars ($1,000.00), all in pursuance of a common scheme or plan to cheat and defraud, shall be deemed guilty of a felony and shall be punished by imprisonment for a term not more than three (3) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. If the total sum of two or more false or bogus checks, drafts or orders is Five Hundred Dollars ($500.00) or more, but less than Two Thousand Dollars ($2,000.00), the person shall, upon conviction, be guilty of a misdemeanor and shall be punished by incarceration in the county jail for not more than one (1) year, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided under the laws of this Nation.
LA 07-21, eff. February 22, 2021
§ 1541.4. "False or bogus check or checks" defined
A. The term "false or bogus check or checks" shall include checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same, or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given:
1. In exchange for money or property ;
2. In exchange for any benefit or thing of value;
3. As a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof; or
4. As payment made to a landlord under a lease or rental agreement.
B. The making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five (5) days from the date the same is presented for payment; and provided, further, that the check or order is presented for payment within thirty (30) days after same is delivered and accepted.
C. A check offered for the purchase of goods or livestock that is refused by a drawee shall not be considered to be an extension of credit by the seller of goods or livestock to the maker or drawer of the check.
D. A check or order offered to a merchant in payment on an open account of the maker with the merchant shall mean “a check or order given in exchange for a benefit or thing of value”, notwithstanding that the merchant may debit the account of the maker or impose other charges pursuant to applicable law in the event the check or order is not honored.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1541.5. "Credit" defined
The word "credit," as used in Section 1541.1 through 1541.4 of this title, shall be construed to mean an arrangement or understanding with the bank, depository, or seller of goods or livestock for the payment of such check, draft or order.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1541.6. Refund fraud--Penalties
A. No person shall give a false or fictitious name or address as his own, or give the name or address of any other person without the knowledge and consent of that person, for the purpose of obtaining or attempting to obtain a refund for merchandise from a business establishment.
B. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor punishable by the imposition of a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year, or by both said fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1541.7. Revolving Fund Established
There is hereby established a revolving fund to be designated the “Bogus Check Restitution Revolving Fund” (“Fund”) which shall be held and administered by the Treasurer in accordance with the purposes stated herein. The Fund shall be authorized by the Tribal Council as a continuing fund, which shall initially receive a direct appropriation to begin the Fund and thereafter, shall receive a direct continuing appropriation from all monies accruing to the credit of said Fund. Such monies are hereby appropriated and may be budgeted and expended by the Treasurer for the purpose of providing restitution to victims of bogus checks.
Expenditures from said fund shall be made by the Treasurer against claims filed as prescribed by policies created by the Cherokee Nation Attorney General for approval and payment. Such policies shall be subject to approval by the Chief/Council. The fund shall be maintained as authorized by law for investments by the Treasurer. The interest earned by any investment of monies from the fund shall be credited to the fund for expenditure as provided by herein.
LA 07-21, eff. February 22, 2021.
§ 1542. Obtaining property or signature under false pretenses-Use of retail sales receipt or Universal Price Code Label to cheat or defraud
A. Every person who, with intent to cheat or defraud another, designedly, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or propertyis, upon conviction, guilty of a felony punishable by imprisonment for a term not exceeding three (3) years or in a county jail not exceeding one (1) year if the value is One Thousand Dollars ($1,000.00) or more, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment. If the value is less than One Thousand Dollars ($1,000.00), the person is, upon conviction, guilty of a misdemeanor punishable by imprisonment for a term not exceeding one (1) year, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment.
B. Every person who, with intent to cheat or defraud another, possesses, uses, utters, transfers, makes, manufactures, counterfeits, or reproduces a retail sales receipt or a Universal Price Code Label is, upon conviction, guilty of a felony punishable by imprisonment for a term not exceeding three (3) years or in a county jail not exceeding one (1) year if the value is One Thousand Dollars ($1,000.00) or more, or by a fine not exceeding three times the value represented on the retail sales receipt or the Universal Price Code Label, or by both such fine and imprisonment. If the value is less than One Thousand Dollars ($1,000.00), the person is, upon conviction, guilty of a misdemeanor punishable by imprisonment for a term not exceeding one (1) year, or by a fine not exceeding three times the value represented on the retail sales receipt or the Universal Price Code Label, or by both such fine and imprisonment. For purposes of this subsection, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1543. Obtaining signature or property for charitable purposes by false pretenses
Any person who designedly, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property for any alleged charitable or benevolent purpose whatever, shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by a fine not exceeding the value of the money or property so obtained, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1544. False negotiable paper
If the false token by which any money or property is obtained in violation of the first and second preceding sections of this article, is a promissory note or negotiable evidence of debt purporting to be issued by or under the authority of any banking company or corporation not in existence, the person guilty of such cheat shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by a fine not exceeding the value of the money or property so obtained, or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1545. Using false check--False token
The use of a matured check or other order for the payment of money, as a means of obtaining any signature, money or property, such as is specified in the last two sections, by a person who knows that a drawer thereof is not entitled to draw for the sum specified therein, upon the drawee, is the use of a false token within the meaning of those sections although no representation is made in respect thereto.
LA 07-21, eff. February 22, 2021.
§ 1546. Removing, defacing, altering or obliterating--Subsequent sale
Any person, firm or corporation who removes, defaces, alters, changes, destroys, covers, obliterates or makes a substitution of any trademark, distinguishing or identification number, serial number or mark, on or from any machine or electrical or mechanical device or apparatus, and thereafter sells or resells or offers for sale or resale the same in such condition, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1547. Person acquiring machine or device with mark removed, altered, etc.
Any person, firm or corporation who acquires, for the purpose of sale or resale and possesses any machine or electrical or mechanical device or apparatus, or any of the parts thereof, from or on which any trademark, distinguishing or identification number, serial number or mark has been removed, covered, altered, changed, defaced, destroyed, obliterated or substituted for, is guilty of a misdemeanor, unless within ten (10) days after such machine or electrical or mechanical device or apparatus, or any such part thereof, shall have come into his or its possession, said person, firm or corporation files with the chief law enforcement officer of the municipality in which the machine or electrical or mechanical device or apparatus or any such part thereof is located, or to the county sheriff of the county wherein said property is located if not within a municipality, a verified statement showing: The source of his or its title, identification or distinguishing number or serial number or mark, if known, and, if known, the manner of and reason for such mutilation, change, alteration, concealment, defacement or substitution, the length of time such machine or electrical or mechanical device or apparatus or part has been held, and the price paid therefor, and provided further, that any and all such verified statements shall be available for inspection by any interested person.
LA 07-21, eff. February 22, 2021.
§ 1548. Vehicles excepted
The provisions of this act shall not apply to motor vehicles and other vehicles as defined in Section 1102 of Title 47 of the Cherokee <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT47S1102&originatingDoc=NAACE28E0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> Nation Code Annotated.
LA 07-21, eff. February 22, 2021.
§ 1549. Changes of serial numbers by original manufacturer
The provisions of this act shall not apply to changes of serial numbers authorized and made by the original manufacturer.
LA 07-21, eff. February 22, 2021.
§ 1550. Person committing felony in possession or control of firearm with removed, defaced, etc. serial number
A. Any person who, while in the commission or attempted commission of a crime, has in his possession or under his control a firearm, the factory serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner, upon conviction, shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
B. Any person who removes, defaces, alters, obliterates or mutilates in any manner the factory serial number or identification number of a firearm, or in any manner participates therein, upon conviction, shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine of not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
C. 1. Upon a conviction of a violation of this section, the Marshal, the Court Clerk, Sheriff, peace officer or other person having custody of the firearm shall immediately deliver the firearm to the Cherokee Nation Marshal, who shall preserve the firearm pending an order of the Court.
2. At the conclusion of a trial or proceeding for a violation of this section, if a finding is made that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated or mutilated, the Court shall issue a written order to the Cherokee Nation Marshal for destruction of the firearm, unless the defendant files a timely motion to preserve the firearm pending appeal. At the conclusion of the appeal, if a finding is made that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated or mutilated, the Supreme Court or the Trial Court shall issue a written order to the Marshal for destruction of the firearm.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1550.1. Definitions
1. The term “credit card” means an identification card or device issued to a person, firm or corporation by a business organization which permits such person, firm or corporation to purchase or obtain goods, property or services on the credit of such organization.
2. “Debit card” means an identification card or device issued to a person, firm or corporation by a business organization which permits such person, firm or corporation to obtain access to or activate a consumer banking electronic facility.
LA 07-21, eff. February 22, 2021.
§ 1550.2. Value of Five Hundred Dollars or less--Value of more than Five Hundred Dollars
Any person who knowingly uses or attempts to use in person, by telephone or by the Internet, for the purpose of obtaining credit, or for the purchase of goods, property or services, or for the purpose of obtaining cash advances in lieu of these items, or to deposit, obtain or transfer funds, either a credit card or a debit card which has not been issued to such person or which is not used with the consent of the person to whom issued or a credit card or a debit card which has been revoked or cancelled by the issuer of such card and actual notice thereof has been given to such person, or a credit card or a debit card which is false, counterfeit or nonexistent is guilty of a misdemeanor and punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment if the amount of the credit or purchase or funds deposited, obtained or transferred by such use does not exceed Five Hundred Dollars ($500.00); or, by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment if the amount of the credit or purchase or funds deposited, obtained or transferred by such use exceeds Five Hundred Dollars ($500.00).
LA 07-21, eff. February 22, 2021.
§ 1550.3. Actual notice
The words “actual notice” as used herein shall be construed to include either notice given to the purchaser in person or notice given to him in writing. Such actual notice in writing shall be presumed to have been given when deposited as registered or certified mail, in the United States mail, addressed to such person at his last-known address.
LA 07-21, eff. February 22, 2021.
§ 1550.21. Definitions
As used in this act:
1. “Cardholder” means the person or organization named on the face of a credit card or a debit card to whom or for whose benefit the credit card or debit card is issued;
2. “Credit card” means any instrument or device, whether known as a credit card, credit plate, charge plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit and all such credit cards lawfully issued shall be considered the property of the cardholder or the issuer for all purposes;
3. “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds from a consumer banking electronic facility;
4. “Issuer” means any person, firm, corporation, financial institution or its duly authorized agent which issues a credit card or a debit card;
5. “Receives” or “receiving” means acquiring possession or control or accepting as security for a loan;
6. “Reencoder” means an electronic device that places encoded information from the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card;
7. “Revoked card” means a credit card or a debit card which is no longer valid because permission to use it has been suspended or terminated by the issuer;
8. “Scanning device” means a scanner, reader or any other electronic device that may be used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card or from another device that directly reads the information from a credit card or debit card; and
9. “Skimming device” means a self-contained device that:
a. is designed to read and store in the internal memory of the device information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card or from another device that directly reads the information from a credit card or debit card, and
b. is incapable of processing the credit card or debit card information for the purpose of obtaining, purchasing or receiving goods, services, money or anything else of value from a person or organization.
LA 07-21, eff. February 22, 2021.
§ 1550.22. Taking credit card or debit card--Receiving taken credit or debit card
(a) A person who takes a credit card or debit card from the person, possession, custody or control of another without the cardholder's consent, or who, with knowledge that it has been so taken, receives the credit card or debit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder, is guilty of card theft and is subject to the penalties set forth in Section 1550.33(a) <https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NABCF4530C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Document)> of this title.
(b) Taking a credit card or a debit card without consent includes obtaining it by the crime of larceny, larceny by trick, larceny by the bailee, embezzlement or obtaining property by false pretense, false promise, extortion or in any manner taking without the consent of the cardholder or issuer.
(c) A person who has in his possession or under his control any credit card or debit card obtained under subsection (b) of this section is presumed to have violated this section.
LA 07-21, eff. February 22, 2021.
§ 1550.23. Receiving, holding or concealing lost or mislaid card
A person who receives, holds or conceals a credit card or a debit card which has been lost or mislaid under circumstances which give him knowledge or cause to inquire as to the true owner and appropriates it to his use or the use of another not entitled thereto is subject to the penalties set forth in Section 1550.33(a) of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NAC1E0170C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title.
LA 07-21, eff. February 22, 2021.
§ 1550.24. Selling or buying credit card or debit card
A person other than the issuer who sells a credit card or debit card or a person who buys a credit card or a debit card from a person other than the issuer is guilty of theft and is subject to the penalties set forth in Section 1550.33(a) <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NAC7AA060C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
LA 07-21, eff. February 22, 2021.
§ 1550.25. Controlling credit or debit card as security for debt
A person with intent to defraud (a) the issuer, (b) a person or organization providing money, goods, services or anything else of value, or (c) any other person, who obtains control over a credit card or debit card as security for debt is guilty of theft and is subject to the penalties set forth in Section 1550.33(a) <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NAC907250C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
LA 07-21, eff. February 22, 2021.
§ 1550.26. Receiving taken or retained card upon giving consideration
A person, other than the issuer, who receives, on giving of any consideration, credit cards or debit cards issued to any other person, which he has reason to know were taken or retained under circumstances which constitute card theft, is guilty of card theft and is subject to the penalties set forth in Section 1550.33(a) of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NACA84010C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title.
LA 07-21, eff. February 22, 2021.
§ 1550.27. False making or embossing of credit or debit card
A. A person, with intent to defraud:
1. A purported issuer;
2. A person or organization providing money, goods, services or anything else of value; or
3. Any other person,
who falsely makes or falsely embosses a purported credit card or debit card or utters such a credit card or debit card is guilty of forgery in the third degree and is subject to the penalties set forth in subsection A of Section 1550.33 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NACC34220C76A11DB8F04FB3E68C8F4C5&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
B. A person other than the purported issuer who possesses any credit card or debit card which is falsely made or falsely embossed is presumed to have violated this section.
C. A person “falsely makes” a credit card or debit card when the person makes or draws, in whole or in part, a device or instrument which purports to be the credit card or debit card of a named issuer but which is not such a credit card or debit card because the issuer did not authorize the making or drawing, or when the person alters a credit card or debit card which was validly issued.
D. A person “falsely embosses” a credit card or debit card when, without the authorization of the named issuer, the person completes a credit card or debit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card or debit card before it can be used by a cardholder.
LA 07-21, eff. February 22, 2021.
§ 1550.28. Signing of card--Possession of signed or unsigned card
(a) A person other than the cardholder or a person authorized by him who, with intent to defraud (1) the issuer, (2) a person or organization providing money, goods, services or anything else of value, or (3) any other person, signs a credit card or debit card violates this subsection and is subject to the penalties set forth in Section 1550.33(a) of Title 21 of this title <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NADA5B2E0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>.
(b) When a person, other than the cardholder or a person authorized by him, possesses any credit card or debit card which is signed or not signed, such possession shall be a crime and subject to the penalties set forth in Section 1550.33 of Title 21 of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NADA5B2E0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title.
LA 07-21, eff. February 22, 2021.
§ 1550.29. Forged or revoked card
A person who, with intent to defraud (a) the issuer, (b) a person or organization providing money, goods, services or anything else of value, or (c) any other person, uses for the purpose of obtaining money, goods, services or anything else of value a credit card or debit card obtained or retained in violation of any provision of Sections 1550.22 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.22&originatingDoc=NADCEBEB0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> through 1550.28 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.28&originatingDoc=NADCEBEB0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title or a credit card or debit card which he knows is forged or revoked, or obtains money, goods, services or anything else of value by representing, without the consent of the cardholder, that he is the holder of a specified card or by representing that he is the holder of a card and such card has in fact not been issued, has violated this subsection and is guilty of an offense and is subject to the penalties set forth in Section 1550.33(a) <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NADCEBEB0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title. Knowledge of revocation shall be presumed to have been received by a cardholder fourteen (14) days after it has been mailed to him at the address in this state set forth on the credit card application or at his last-known address by registered or certified mail, return receipt requested.
LA 07-21, eff. February 22, 2021.
§ 1550.30. Failure to furnish money, goods or services represented to have been furnished
A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or cardholder, fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer that he has furnished violates this subsection and is subject to the penalties set forth in Section 1550.33(a) <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NADE68C70C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
LA 07-21, eff. February 22, 2021.
§ 1550.31. Possessing incomplete cards
(a) A person other than the cardholder possessing one or more incomplete credit cards or debit cards, with intent to complete them without the consent of the issuer, or a person possessing, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards, is guilty of an offense and is subject to the penalties set forth in Section 1550.33(b) <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NAE007D10C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
(b) A credit card or debit card is “incomplete” if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card or debit card before it can be used by a cardholder has not yet been stamped, embossed, imprinted, or written on it.
LA 07-21, eff. February 22, 2021.
§ 1550.32. Receiving of money, goods, or services in violation of Section 1550.29
A person who receives money, goods, services or anything else of value obtained in violation of Section 1550.29 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.29&originatingDoc=NAE1A1F90C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, with the knowledge or belief that it was so obtained, is guilty of an offense and is subject to the penalties set forth in subsection C of Section 1550.33 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NAE1A1F90C76A11DB8F04FB3E68C8F4C5&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
LA 07-21, eff. February 22, 2021.
§ 1550.33. Penalties
A. A person who is subject to the penalties of this subsection shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00) or imprisoned for a term not to exceed one (1) year, or both fined and imprisoned.
B. A person who is subject to the penalties of this subsection shall be guilty of a felony and shall be punished by imprisonment for not more than three (3) years.
C. A person subject to the penalties of this subsection who received goods or services or any other item which has a value of One Thousand Dollars ($1,000.00) or more shall be guilty of a felony and fined not more than Three Thousand Dollars ($3,000.00), imprisoned for not more than three (3) years, or both fined and imprisoned. If the value is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), imprisoned for not more than one (1) year, or both fined and imprisoned. For purposes of this subsection, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1550.34. Other criminal law not precluded--Exception
This act shall not be construed to preclude the applicability of any other provision of the criminal law of this Nation which presently applies or may in the future apply to any transaction which violates this act, unless such provision is inconsistent with the terms of this act.
LA 07-21, eff. February 22, 2021, LA 29-21, eff. June 18, 2021.
§ 1550.39. Use of scanning or skimming device on credit or debit cards--Use of reencoder on credit or debit cards--Possession of skimming device
A. Every person who:
1. Uses a scanning device or skimming device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card without the permission of the authorized user of the credit card or debit card and with the intent to defraud the authorized user or the issuer of the credit card or debit card or a person or organization providing money, goods, services or anything else of value;
2. Uses a reencoder to place information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a credit card or debit card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card without the permission of the authorized user of the credit card or debit card from which the information is being reencoded and with the intent to defraud the authorized user or the issuer of the credit card or debit card or a person or organization providing money, goods, services or anything else of value; or
3. Possesses with the intent to sell, deliver or use a skimming device,
is, upon conviction, guilty of an offense and is subject to the penalties set forth in subsection B of Section 1550.33 of Title 21 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.33&originatingDoc=NF9C2AA80C86411E9AE9F96B7C1187AA1&refType=SP&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>.
B. The provisions of paragraph 3 of subsection A of this section shall not apply to the following individuals while acting within the scope of their official duties:
1. An employee, officer or agent of:
a. a law enforcement agency or criminal prosecuting authority for the state or federal government,
b. the state court system or federal court system, or
c. an executive branch agency in this state; or
2. A financial or retail security investigator employed by a person or organization providing money, goods, services or anything else of value.
LA 07-21, eff. February 22, 2021.
§ 1550.41. Definitions--Offenses--Penalties <#co_anchor_IB882FE00295A11EBB0C3FEB220030>
A. As used in this section and Section 1550.42 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.42&originatingDoc=NE968BB70C49F11E9AB71DB2D18571BAB&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, “identification document”, “identification card”, or “identification certificate” means any printed form which contains:
1. The name and photograph of a person;
2. The name and any physical description of a person;
3. The name and social security number of a person; or
4. Any combination of information provided for in paragraphs 1 through 3 of this subsection; and
which by its format, is capable of leading a person to believe said document, card, or certificate has been issued for the purpose of identifying the person named thereon, but shall not include any printed form which, on its face, conspicuously bears the term “NOT FOR IDENTIFICATION” in not less than six-point type.
B. It is a misdemeanor for any person:
1. To purchase an identification document, identification card, or identification certificate which bears altered or fictitious information concerning the date of birth, sex, height, eye color, weight, a fictitious or forged name or signature or a photograph of any person, other than the person named thereon;
2. To display or cause or permit to be displayed or to knowingly possess an identification document, identification card or identification certificate which bears altered or fictitious information concerning the date of birth, sex, height, eye color, weight, or fictitious or forged name or signature or a photograph of any person, other than the person named thereon;
3. To display or cause or permit to be displayed or to knowingly possess any counterfeit or fictitious identification document, identification card, or identification certificate; or
4. To use the Seal of the Cherokee Nation or facsimile thereof, on any identification document, identification card, or identification certificate which is not issued by an entity of this state or political subdivision thereof, or by the United States. Provided, nothing in this paragraph shall be construed to prohibit the use of the Seal of the Cherokee Nation for authorized advertising, including, but not limited to, business cards, calling cards and stationery.
C. It is a felony for any person:
1. To create, publish or otherwise manufacture an identification document, identification card or identification certificate or facsimile thereof, or to create, manufacture or possess an engraved plate or other such device for the printing of an identification document, identification card or identification certificate or facsimile thereof, which purports to identify the bearer of such document, card, or certificate whether or not intended for use as identification, and includes, but is not limited to, documents, cards, and certificates purporting to be driver licenses, nondriver identification cards, birth certificates, social security cards, and employee identification cards, except as authorized by state or federal law;
2. To sell or offer for sale an identification document, identification card, or identification certificate or facsimile thereof, which purports to identify the bearer of such document, card, or certificate whether or not intended for use as identification, and includes, but is not limited to, documents, cards, and certificates purporting to be driver licenses, nondriver identification cards, birth certificates, social security cards, and employee identification cards, except as authorized by tribal, state, or federal law; or
3. To display or present an identification document, identification card or identification certificate which bears altered, false or fictitious information for the purpose of:
a. committing or aiding in the commission of a felony in any commercial or financial transaction,
b. misleading a peace officer in the performance of duties, or
c. avoiding prosecution.
D. 1. The violation of any of the provisions of subsection B of this section shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00).
2. The violation of any of the provisions of subsection C of this section shall constitute a felony and, upon conviction thereof, shall be punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or a term of imprisonment for a term not to exceed three (3) years, or by both such fine and imprisonment.
E. Notwithstanding any provision of this section, the chief administrator of a federal or state law enforcement, military, or intelligence agency may request the Commissioner of the Department of Public Safety or State Commissioner of Health to authorize the issuance of an identification document, identification card, or identification certificate within the scope of their authority which would otherwise be a violation of this section, to identify a law enforcement officer or agent as another person for the sole purpose of aiding in a criminal investigation or a military or intelligence operation. A person displaying or possessing such identification shall not be prosecuted for a violation of this section. Upon termination of the investigation or operation, the person to whom such identification document, identification card or identification certificate was issued shall return such identification to the Department of Public Safety or State Department of Health, as appropriate.
LA 07-21, eff. February 22, 2021.
§ 1550.42. Entities authorized to print identification documents, cards and certificates--Issuance of certain documents limited to citizens, nationals and legal permanent resident aliens
A. The following entities may create, publish or otherwise manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such device for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification:
1. Businesses, companies, corporations, service organizations and federal, state and local governmental agencies for employee identification which is designed to identify the bearer as an employee;
2. Businesses, companies, corporations and service organizations for customer identification which is designed to identify the bearer as a customer or member;
3. Federal, tribal, state and local government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including, but not limited to, voter identification cards, driver licenses, nondriver identification cards, passports, birth certificates and social security cards;
4. Any public school or state or private educational institution, as defined by Sections 1-106 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT70S1-106&originatingDoc=NAF176B50C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, 21-101 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT70S21-101&originatingDoc=NAF176B50C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> or 3102 of Title 70 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT70S3102&originatingDoc=NAF176B50C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, to identify the bearer as an administrator, faculty member, student or employee;
5. Any professional organization or labor union to identify the bearer as a member of the professional organization or labor union; and
6. Businesses, companies or corporations which manufacture medical-alert identification for the wearer thereof.
B. All identification documents as provided for in paragraph 3 or 4 of subsection A of this section shall be issued only to United States citizens, nationals and legal permanent resident aliens.
C. The provisions of subsection B of this section shall not apply when an applicant presents, in person, valid documentary evidence of:
1. A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;
2. A pending or approved application for asylum in the United States;
3. Admission into the United States in refugee status;
4. A pending or approved application for temporary protected status in the United States;
5. Approved deferred action status; or
6. A pending application for adjustment of status to legal permanent residence status or conditional resident status. Upon approval, the applicant may be issued an identification document provided for in paragraph 3 or 4 of subsection A of this section. Such identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year. Any identification document issued pursuant to the provisions of this subsection shall clearly indicate that it is temporary and shall state the date that the identification document expires. Such identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.
D. The provisions of subsection B of this section shall not apply to an identification document described in paragraph 4 of subsection A of this section that is only valid for use on the campus or facility of that educational institution and includes a statement of such restricted validity clearly and conspicuously printed upon the face of the identification document.
E. Any driver license issued to a person who is not a United States citizen, national or legal permanent resident alien for which an application has been made for renewal, duplication or reissuance shall be presumed to have been issued in accordance with the provisions of subsection C of this section; provided that, at the time the application is made, the driver license has not expired, or been cancelled, suspended or revoked. The requirements of subsection C of this section shall apply, however, to a renewal, duplication or reissuance if the Department of Public Safety is notified by a local, state or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking such renewal, duplication or reissuance is present in the United States in violation of law. The provisions of this subsection shall not apply to United States citizens, nationals or legal permanent resident aliens.
LA 07-21, eff. February 22, 2021.
§ 1550.43. False or fraudulent identification cards, etc.--Seizure and forfeiture of cards and equipment--Service of notice--Hearing--Claim for equipment--Liability--Expenses--Proceeds--Definitions
A. Any false or fraudulent identification document, card or certification in violation of Section 1550.41 of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.41&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title or any driver license or identification card in violation of Section 6-301 of Title 47 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT47S6-301&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> that is possessed, transferred, sold or offered for sale in violation of law shall be seized and summarily forfeited when no longer needed as evidence.
B. Any peace officer of this state is authorized to seize any equipment which is used, or intended for use in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of any identification document, card, or certificate in violation of Section 1550.41 of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.41&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title or of any driver license or identification card in violation of Section 6-301 of Title 47 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT47S6-301&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>. Said equipment may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the district attorney in the proper county of venue as petitioner; provided, in the event the district attorney elects not to file such an action, or fails to file such action within ninety (90) days of the date of the seizure of such equipment, a forfeiture action may be brought by the entity seizing such equipment as petitioner.
C. Notice of seizure and intended forfeiture proceeding shall be given all owners and parties in interest by the party seeking forfeiture as follows:
1. Upon each owner or party in interest whose name and address is known, by mailing a copy of the notice by registered mail to the last-known address; and
2. Upon all other owners or parties in interest, whose addresses are unknown, by one publication in a newspaper of general circulation in the county where the seizure was made.
D. Within sixty (60) days after the mailing or publication of the notice, the owner of the equipment and any other party in interest may file a verified answer and claim to the equipment described in the notice of seizure and of the intended forfeiture proceeding.
E. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use and may order the equipment forfeited to the state, if such fact is proven.
F. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.
G. At the hearing the party seeking the forfeiture shall prove by clear and convincing evidence that the equipment was used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of any identification document, card, or certificate in violation of Section 1550.41 of Title 21 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.41&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> or of any driver license or identification card in violation of Section 6-301 of Title 47 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT47S6-301&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> with knowledge by the owner of the equipment.
H. The owner or party in interest may prove that the right or interest in the equipment was created without any knowledge or reason to believe that the equipment was being, or was to be, used for the purpose charged.
I. In the event of such proof, the court may order the equipment released to the bona fide or innocent owner or party in interest if the amount due the person is equal to, or in excess of, the value of the equipment as of the date of the seizure.
J. If the amount due to such person is less than the value of the equipment, or if no bona fide claim is established, the equipment shall be forfeited to the state and shall be sold pursuant to the judgment of the court.
K. Equipment taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the office of the district attorney of the county where the equipment was seized or in the custody of the party seeking the forfeiture. The district attorney or the party seeking the equipment may release said equipment to the owner of the equipment if it is determined that the owner had no knowledge of the illegal use of the equipment or if there is insufficient evidence to sustain the burden of showing illegal use of the equipment. Equipment which has not been released by the district attorney or the party seizing the equipment shall be subject to the orders and decrees of the court or the official having jurisdiction thereof.
L. The district attorney or the party seizing such equipment shall not be held civilly liable for having custody of the seized equipment or proceeding with a forfeiture action as provided for in this section.
M. If the court finds that the equipment was not used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of any identification document, card, or certificate in violation of Section 1550.41 of this <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1550.41&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> title or of any driver license or identification card in violation of Section 6-301 of Title 47 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT47S6-301&originatingDoc=NAF3FB3D0C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, the court shall order the equipment released to the owner.
N. No equipment shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, or by any person other than such owner while such equipment was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state.
O. For the purposes of this section, the term “equipment” shall include computers, printers, copy machines, other machines, furniture, supplies, books, records, files, data, currency, or negotiable instruments including, but not limited to, money orders or cashier’s checks but shall not include vehicles or real property.
LA 07-21, eff. February 22, 2021.
CHAPTER 62
FALSE WEIGHTS AND MEASURES
SECTION
1551. Use of false weights and measures
1552. Retaining same knowingly
1553. False weights and measures may be seized
1554. Testing seized weights and measures-Disposition
1555. Destruction of false weights or measures after conviction
1556. Marking false weight or false tare
§ 1551. Use of false weights and measures
If any person with intent to defraud, use a false balance, weight or measure, in the weighing or measuring of anything whatever that is purchased, sold, bartered, shipped or delivered, for sale or barter, or that is pledged, or given in payment, he shall be punished by a fine not exceeding One Hundred Dollars ($100.00) nor less than Five Dollars ($5.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and shall be liable to the injured party in double the amount of damages.
LA 07-21, eff. February 22, 2021.
§ 1552. Retaining same knowingly
Every person who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it, or permit it to be used in violation of the last section, shall be punished as therein provided.
LA 07-21, eff. February 22, 2021.
§ 1553. False weights and measures may be seized
Every person who is authorized or enjoined by law to arrest another person for violation of the first two sections of this article, is equally authorized and enjoined to seize any false weights or measures found in the possession of the person so arrested, and to deliver the same to the judge before whom the person so arrested is required to be taken.
LA 07-21, eff. February 22, 2021.
§ 1554. Testing seized weights and measures--Disposition
The magistrate to whom any weight or measure is delivered, pursuant to the last section,<#co_footnote_I170979F0FFA411DE8506C1B1AB7> shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, cause the same to be tested by comparison with standards conformable to law; and if he finds it to be false, he shall cause it to be destroyed, or to be delivered to the prosecutor in which the accused is liable to indictment or trial, as the interests of justice in his judgment require.
LA 07-21, eff. February 22, 2021.
§ 1555. Destruction of false weights or measures after conviction
Upon the conviction of the accused, such prosecutor shall cause any weight or measure in respect whereof the accused stands convicted, and which remains in the possession or under the control of such prosecutor, to be destroyed.
LA 07-21, eff. February 22, 2021.
§ 1556. Marking false weight or false tare
Every person who knowingly marks or stamps false or short weight, or false tare on any cask or package or knowingly sells or offers for sale any cask or package so marked is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
CHAPTER 63
FORGERY OR COUNTERFEITING
FORGERY IN FIRST DEGREE
Section
1561. Wills, deeds and certain other instruments, forgery of
1562. Forgery of public securities
FORGERY IN SECOND DEGREE
1571. Public and corporate seals, forgery of
1572. Records, forgery of
1573. Making false entries in record
1574. Making false certificate of acknowledgment
1575. False bank note plates
1576. Imitation of genuine bank note defined
1577. Notes, checks, bills, drafts--Sale, exchange or delivery
1577. Notes, checks, bills, drafts--Sale, exchange or delivery
1578. Possession of forged evidences of debt
1578. Possession of forged evidences of debt
1579. Possession of other forged instruments
1579. Possession of other forged instruments
1580. Issuing spurious certificates of stock
1581. Reissuing cancelled certificates of stock
1582. False evidences of debt
1583. Counterfeiting coin
1584. Counterfeiting coin for exportation
1585. Forging process of court or title to property, etc.
1586. Making false entries in public book
1587. Forging tickets of passage
1588. Postage stamps, forging
1589. False entries in corporation books
1590. Officer or employee of corporation making false entries
1591. Possession of counterfeit coin
1592. Uttering forged instruments or coin
1593. Falsely obtaining signature
GENERAL PROVISIONS
1621. First, second, and third degree forgery-Penalties
1622. Fraudulently uttering one's signature as that of another of same name
1623. Fraudulently uttering one's endorsement as another's
1624. Erasure and obliterations
1625. Writing and written defined
1626. Signing fictitious names as officers of corporations
1627. False or bogus order directing payment of money
1627.1. False or bogus orders as payment for labor-Penalties
1628. Fraudulently altering, forging, reproducing abstractor’s certificate or signature
FORGERY IN FIRST DEGREE
§ 1561. Wills, deeds and certain other instruments, forgery of
Every person who, with intent to defraud, forges, counterfeits or falsely alters:
1st. Any will or codicil of real or personal property, or any deed or other instrument being or purporting to be the act of another, by which any right or interest in real property is, or purports to be, transferred, conveyed or in any way changed or affected; or
2nd. Any certificate or endorsement of the acknowledgment by any person of any deed or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any officer duly authorized to make such certificate or endorsement; or
3rd. Any certificate of the proof of any deed, will, codicil or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any court or officer duly authorized to make such certificate;
is guilty of forgery in the first degree.
LA 10-90, eff. November 13, 1990.
§ 1562. Forgery of public securities
Every person who, with intent to defraud, forges, counterfeits, or falsely alters:
1st. Any certificate or other public security, issued or purporting to have been issued under the authority of this nation, by virtue of any law thereof, by which certificate or other public security, the payment of any money absolutely or upon any contingency is promised, or the receipt of any money or property acknowledged; or
2nd. Any certificate of any share, right or interest in any public stock created by virtue of any law of this nation, issued or purporting to have been issued by any public officer, or any other evidence of any debt or liability, of the people of this nation, either absolute or contingent, issued or purporting to have been issued by any public officer; or
3rd. Any endorsement or other instrument transferring or purporting to transfer the right or interest of any holder of any such certificate, public security, certificate of stock, evidence of debt or liability, or of any person entitled to such right or interest;
is guilty of forgery in the first degree.
LA 10-90, eff. November 13, 1990.
FORGERY IN SECOND DEGREE
§ 1571. Public and corporate seals, forgery of
Every person who, with intent to defraud, forges, or counterfeits the great or privy seal of this nation, the seal of any public office authorized by law, the seal of any court of record, including judge of county seals, or the seal of any corporation created by the laws of this Nation, or of any other nation, government or country, or any other public seal authorized or recognized by the laws of this Nation, or of any other nation, government or country, or who falsely makes, forges or counterfeits any impression purporting to be the impression of any such seal, is guilty of forgery in the second degree.
LA 10-90, eff. November 13, 1990.
§ 1572. Records, forgery of
Every person who, with intent to defraud, falsely alters, destroys, corrupts or falsifies:
1. Any record of any will, codicil, conveyance or other instrument, the record of which is, by law, evidence; or
2. Any record of any judgment in a court of record, or any enrollment of any decree of a court of equity; or
3. The return of any officer, court or tribunal to any process of any court;
is guilty of forgery in the second degree.
LA 10-90, eff. November 13, 1990.
§ 1573. Making false entries in record
Every person who, with intent to defraud, falsely makes, forges or alters, any entry in any book of records, or any instrument purporting to be any record or return specified in 21 CNCA § 1572, and any abstractor, his officer, agent or employee, who, with intent to defraud, falsely makes or alters any abstract entry or copy thereof in any material matter, is guilty of forgery in the second degree.
LA 10-90, eff. November 13, 1990.
§ 1574. Making false certificate of acknowledgment
If any officer authorized to take the acknowledgment or proof of any conveyance of real property, or of any other instrument which by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto, or was proved by any subscribing witness, when in truth such conveyance or instrument was not acknowledged or proved as certified, he is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1575. False bank note plates
Every person who, makes or engraves, or causes or procures to be made or engraved, any plate in the form or similitude of any promissory note, bill of exchange, draft, check, certificate of deposit or other evidence of debt issued by any banking corporation or association, or individual banker, incorporated or carrying on business under the laws of this nation, or of any other state, government or country, without the authority of such bank, or has or keeps in his custody or possession any such plate, without the authority of such bank, with intent to use or permit the same to be used for the purpose of taking therefrom any impression, to be passed, sold or altered, or has or keeps in his custody or possession, without the authority of such bank, any impression taken from any such plate, with intent to have the same filled up and completed for the purpose of being passed, sold or altered; or makes or causes to be made, or has in his custody or possession, any plate upon which are engraved any figures, or words, which may be used for the purpose of falsely altering any evidence of debt issued by any such bank, with intent to use the same, or to permit them to be used for such purpose, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1576. Imitation of genuine bank note defined
Every plate specified in the last section shall be deemed to be in the form and similitude of the genuine instrument imitated, in either of the following cases:
1. When the engraving on such plate resembles and conforms to such parts of the genuine instrument as are engraved; or,
2. When such plate is partly finished, and the part so finished resembles and conforms to similar parts of the genuine instrument.
LA 07-21, eff. February 22, 2021.
§ 1577. Notes, checks, bills, drafts--Sale, exchange or delivery
Every person who sells, exchanges or delivers for any consideration any forged or counterfeited promissory note, check, bill, draft or other evidence of debt, or engagement for the payment of money absolutely, or upon any contingency, knowing the same to be forged or counterfeited, with intent to have the same uttered or passed, or who offers any such note or other instrument for sale, exchange or delivery for any consideration, with the like knowledge and intent, or who receives any such note or other instrument upon a sale, exchange or delivery for any consideration with the like knowledge and intent, is guilty of forgery in the second degree if the value of the instrument is One Thousand Dollars ($1,000.00) or more and forgery in the third degree if the value of the instrument is less than One Thousand Dollars ($1,000.00).
For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1577. Notes, checks, bills, drafts--Sale, exchange or delivery
A. Every person who sells, exchanges or delivers for any consideration any forged or counterfeited promissory note, check, bill, draft, or other evidence of debt, or engagement for the payment of money absolutely, or upon any contingency, knowing the same to be forged or counterfeited, with intent to have the same uttered or passed, or who offers any such note or other instrument for sale, exchange or delivery for any consideration, with the like knowledge and intent, or who receives any such note or other instrument upon a sale, exchange or delivery for any consideration with the like knowledge and intent, is punishable as follows:
1. If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of misdemeanor forgery punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of felony forgery punishable by imprisonment for a term not to exceed two (2) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of felony forgery punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of felony forgery punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1578. Possession of forged evidences of debt
Every person who, with intent to defraud, has in his or her possession any forged, altered or counterfeit negotiable note, bill, draft or other evidence of debt issued or purporting to have been issued by any corporation or company duly authorized for that purpose by the laws of this state or of any other state, government or country, the forgery of which is hereinbefore declared to be punishable, knowing the same to be forged, altered or counterfeited, with intent to utter the same as true or as false, or to cause the same to be so uttered, is guilty of forgery in the second degree if the value of the instrument is One Thousand Dollars ($1,000.00) or more and forgery in the third degree if the value of the instrument is less than One Thousand Dollars ($1,000.00).
For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1578. Possession of forged evidences of debt
A. Every person who, with intent to defraud, has in his or her possession any forged, altered or counterfeit negotiable note, bill, draft or other evidence of debt issued or purporting to have been issued by any corporation or company duly authorized for that purpose by the laws of this state or of any other state, government or country, the forgery of which is hereinbefore declared to be punishable, knowing the same to be forged, altered or counterfeited, with intent to utter the same as true or as false, or to cause the same to be so uttered, is punishable as follows:
1. If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of misdemeanor forgery punishable by imprisonment in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of felony forgery punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of felony forgery punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of felony forgery punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1579. Possession of other forged instruments
Every person who has in his or her possession any forged or counterfeited instrument, the forgery of which has previously been declared to be punishable, other than such as are enumerated in Section 1578 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1578&originatingDoc=NB3628280C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title, knowing the same to be forged, counterfeited or falsely altered with intent to injure or defraud by uttering the same to be true, or as false, or by causing the same to be uttered, is guilty of forgery in the second degree if the value of the instrument is One Thousand Dollars ($1,000.00) or more and forgery in the third degree if the value of the instrument is less than One Thousand Dollars ($1,000.00).
For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1579. Possession of other forged instruments
A. Every person who has in his or her possession any forged or counterfeited instrument, the forgery of which is hereinbefore declared to be punishable, other than such as are enumerated in the last section, knowing the same to be forged, counterfeited or falsely altered with intent to injure or defraud by uttering the same to be true, or as false, or by causing the same to be uttered, is punishable as follows:
1. If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of misdemeanor forgery punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of felony forgery punishable by imprisonment for a term not to exceed two (2) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of felony forgery punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of felony forgery punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1580. Issuing spurious certificates of stock
Any officer or agent of any corporation or joint-stock association formed or existing under or by virtue of the laws of this state, or of any other state, government or country, who, within this state, willfully signs or procures to be signed, with intent to issue, sell or pledge, or to cause to be issued, sold or pledged, or who willfully issues, sells or pledges, or causes to be issued, sold or pledged, any false or fraudulent certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation or association, whether of full paid shares or otherwise, or of any interest in its property or profits, or of any certificate or other evidence of such ownership, transfer or interest, or any instrument purporting to be a certificate or other evidence of such ownership, transfer or interest, the signing, issuing, selling or pledging of which has not been duly authorized by the board of directors or other managing body of such corporation or association having authority to issue the same, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1581. Reissuing cancelled certificates of stock
Any officer or agent of any corporation or joint-stock association formed or existing under or by virtue of the laws of this state, or of any other state, government or country, who, within this state, willfully reissues, sells or pledges, or causes to be reissued, sold or pledged, any surrendered or canceled certificate, or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation or association, or of an interest in its property or profits, with intent to defraud, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1582. False evidences of debt
Any officer or agent of any corporation, municipal or otherwise, of any joint-stock association formed or existing under or by virtue of the laws of this state, or of any other state, government or country, who, within this state, willfully signs or procures to be signed with intent to issue, sell or pledge, or cause to be issued, sold or pledged, or who willfully issues, sells or pledges, or causes to be issued, sold or pledged, any false or fraudulent bond or other evidence of debt against such corporation or association of any instrument purporting to be a bond or other evidence of debt against such corporation or association, the signing, issuing, selling or pledging of which has not been duly authorized by the board of directors or common council or other managing body of officers of such corporation having authority to issue the same, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1583. Counterfeiting coin
Every person who counterfeits any gold or silver coin, whether of the United States or any foreign government or country, with intent to sell, utter, use or circulate the same as genuine, within this state, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1584. Counterfeiting coin for exportation
Every person who counterfeits any gold or silver coin, whether of the United States or of any foreign country or government, with intent to export the same, or permit them to be exported to injure or defraud any foreign government, or the subjects thereof, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1585. Forging process of court or title to property, etc.
Every person who, with intent to defraud, falsely marks, alters, forges or counterfeits:
1. Any instrument in writing, being or purporting to be any process issued by any competent court, magistrate, or officer of being or purporting to be any pleading, proceeding, bond or undertaking filed or entered in any court, or being or purporting to be any license or authority authorized by any statute; or
2. Any instrument of writing, being or purporting to be the act of another by which any pecuniary demand or obligation is, or purports to be created, increased, discharged or diminished, or by which any rights or property whatever, are, or purport to be, transferred, conveyed, discharged, diminished, or in any manner affected, the punishment of which is not hereinbefore prescribed, by which false marking, altering, forging or counterfeiting, any person may be affected, bound or in any way injured in his person or property;
is guilty of a forgery in the second degree.
LA 10-90, eff. November 13, 1990.
§ 1586. Making false entries in public book
Every person who, with intent to defraud, makes any false entry or falsely alters any entry made in any book of accounts kept in the office of the State Auditor and Inspector, or in the office of the Treasurer of this Nation or of any county treasurer, by which any demand or obligation, claim, right or interest either against or in favor of the people of this Nation, or any county or town, or any individual, is or purports to be discharged, diminished, increased, created, or in any manner affected, is guilty of forgery in the second degree.
LA 10-90, eff. November 13, 1990.
§ 1587. Forging tickets of passage
Every person who, with intent to defraud, forges, counterfeits, or falsely alters any ticket, check or other paper or writing to entitle the holder or proprietor thereof to a passage upon any railroad, or in any vessel or other public conveyance; and every person who, with like intent, sells, exchanges or delivers, or keeps or offers for sale, exchange or delivery, or receives upon any purchase, exchange or delivery any such ticket, knowing the same to have been forged, counterfeited or falsely altered is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1588. Postage stamps, forging
Every person who forges, counterfeits or alters any postage or revenue stamp of the United States, or who sells or offers to keep for sale, as genuine or as forged, any such stamp, knowing it to be forged, counterfeited or falsely altered, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1589. False entries in corporation books
Every person who, with intent to defraud, makes any false entry, or falsely alters any entry made in any book of accounts kept by any corporation within this state, or in any book of accounts kept by any such corporation or its officers, and delivered or intended to be delivered to any person dealing with such corporation, by which any pecuniary obligation, claim or credit is, or purports to be, discharged, diminished, increased, created or in any manner affected, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1590. Officer or employee of corporation making false entries
Every person who being a member or officer or in the employment of any corporation, association or partnership, falsifies, alters, erases, obliterates or destroys any account or book of accounts or records belonging to such corporation, association or partnership, or appertaining to their business or makes any false entries in such account or book or keeps any false account in such business with intent to defraud his employers, or to conceal any embezzlement of their money, or property, or any defalcation or other misconduct, committed by any person in the management of their business, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1591. Possession of counterfeit coin
Every person who has in his possession any counterfeit of any gold or silver coin, whether of the United States or any foreign country or government, knowing the same to be counterfeit, with intent to sell or to use, circulate or export the same, as true or as false, or by causing the same to be uttered or passed, is guilty of forgery in the second degree.
LA 07-21, eff. February 22, 2021.
§ 1592. Uttering forged instruments or coin
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A. Every person who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument or any counterfeit gold or silver coin, the forging, altering or counterfeiting of which has previously been declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, is punishable as follows:
1. If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of forgery as a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of forgery as a felony punishable by imprisonment for a term not to exceed two (2) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of forgery as a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; and
4. If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of forgery as a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
LA 07-21, eff. February 22, 2021.
§ 1593. Falsely obtaining signature
Every person who, by any false representation, artifice or deceit, procures from another his signature to any instrument, the false making of which would be forgery, and which the party signing would not have executed had he known the facts and effect of the instrument, is guilty of forgery in the second degree.
LA 10-90, eff. November 13, 1990.
GENERAL PROVISIONS
§ 1621. First, second, and third degree forgery-Penalties
A. Forgery in the first degree is a felony punishable by imprisonment for a not more than three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
B. : Forgery in the second degree is a felony punishable by imprisonment for not more than three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
C. Forgery in the third degree is:
a. If the value of the forgery is less than One Thousand Dollars ($1,000.00), a misdemeanor punishable by confinement for not more than one (1) year or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
b. If the value of the forgery is One Thousand Dollars ($1,000.00) or more, a felony punishable by imprisonment not exceeding three (3) years, or by both such fine and imprisonment.
c. If the total or aggregate value of the forgery is Two Thousand Dollars ($2,000.00) or more, a felony punishable by imprisonment not exceeding three (3) years
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1622. Fraudulently uttering one's signature as that of another of same name
Every person who, with intent to defraud, makes or subscribes any instrument in his own name, intended to create, increase, discharge, defeat or diminish any pecuniary obligation, right or interest, or to transfer or affect any property whatever, and utters or passes such instrument, under the pretense that it is the act of another who bears the same name, is guilty of forgery in the same degree as if he had forged the instrument of a person bearing a different name from his own.
LA 10-90, eff. November 13, 1990.
§ 1623. Fraudulently uttering one's endorsement as another's
Every person who, with intent to defraud, endorses any negotiable instrument in his own name, and utters or passes such instrument, under the fraudulent pretense that it is endorsed by another person who bears the same name, is guilty of forgery in the same degree as if he had forged the endorsement of a person bearing a different name from his own.
LA 10-90, eff. November 13, 1990.
§ 1624. Erasure and obliterations
The total or partial erasure or obliteration of any instrument or writing, with intent to defraud, by which any pecuniary obligation, or any right, interest or claim to property is or is intended to be created, increased, discharged, diminished or in any manner affected, is forgery in the same degree as the false alteration of any part of such instrument or writing.
LA 10-90, eff. November 13, 1990.
§ 1625. Writing and written defined
Every instrument partly printed and partly written, or wholly printed with a written signature thereto, and every signature of an individual, firm or corporation, or of any officer of such body, and every writing purporting to be such signature, is a writing or a written instrument, within the meaning of the provisions of this chapter.
LA 10-90, eff. November 13, 1990.
§ 1626. Signing fictitious names as officers of corporations
The false making or forging of an evidence of debt purporting to have been issued by any corporation and bearing the pretended signature of any person as an agent or officer of such corporation, is forgery in the same degree as if such person was at the time an officer or agent of such corporation; notwithstanding such person may never have been an officer or agent of such corporation, or notwithstanding there never was any such person in existence.
LA 07-21, eff. February 22, 2021.
§ 1627. False or bogus order directing payment of money
Every person who, with intent to cheat or defraud, shall obtain or attempt to obtain from any person any labor or personal services, or the postponement of actual payment due for labor or personal services theretofore performed, by means or use of any false or bogus written, printed or engraved order directing the payment of money, shall be guilty of amisdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
The term "false or bogus written, printed or engraved order directing the payment of money," in addition to its common meaning, also shall include any check, draft or order on any bank or trust company which is not honored on presentation on account of insufficient funds to the credit of the maker or drawer thereof with which to pay same. The word "credit," as used herein, shall mean any arrangement or understanding with a bank or trust company for the payment by it of any check, draft or money payment order.
As against the maker or drawer of any false or bogus written, printed or engraved order directing the payment of money, and as against any officer or employee of the maker or drawer thereof, who shall authorize or direct the making, drawing, uttering or delivering, or who shall make, draw, utter or deliver any such false or bogus written, printed or engraved order directing the payment of money, to obtain or to attempt to obtain from any person any labor or personal services, or the postponement of actual payment due for labor or personal services, the fact of dishonor or refusal to pay the amount of money specified in said false or bogus order shall be prima facie evidence of intent to cheat or defraud, and of knowledge of insufficient funds to the credit of the maker or drawer, with the drawer specified therein, to pay the same; provided, said fact shall not constitute prima facie evidence as above set forth if the maker or drawer shall pay the amount of such false or bogus order, together with protest fees, within five (5) days from the date the same shall have been presented to the drawer for payment; and provided further, that said fact shall not constitute prima facie evidence as above set forth unless the said false or bogus order be presented to the drawer within thirty (30) days after the same shall have been uttered or delivered.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1627.1. False or bogus orders as payment for labor-Penalties
In addition to the criminal penalties imposed pursuant to the provisions of 21 CNCA § 1627, any person who obtains or attempts to obtain from any person, with the intent to cheat or defraud, any labor or personal services, or the postponement of actual payment due for labor or personal services performed, by means or use of any false or bogus written, printed or engraved order directing the payment of money, shall also be liable to the payee, in addition to the amount owing upon such order, for damages of double the amount so owing, but in no case shall the amount of damages awarded be less than Two Hundred Dollars ($200.00), plus reasonable attorney fees and court costs. Said damages shall be recoverable in a civil action.
LA 10-90, eff. November 13, 1990.
§ 1628. Fraudulently altering, forging, reproducing abstractor’s certificate or signature
Any person who, with intent to defraud, alters, forges, falsely makes, photographs, or by any method reproduces any certificate of authority provided for in Title 1 of the Oklahoma Statutes, or other instrument, document, paper or abstract of title entry signed or executed by any abstractor to whom a certificate of authority has been lawfully issued, shall be guilty of the commission of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00) for each reproduction thereof.
LA 07-21, eff. February 22, 2021.
CHAPTER 64
FRAUDS AND OFFENSES IN CORPORATION AFFAIRS
SECTION
1631. Fraud in subscription for stock
1632. Fraud in procuring organization of stock company
1633. Unauthorized use of names
1634. Omitting to enter receipt
1635. Destroying or falsifying books
1636. False reports of corporation--Refusal to make report
1637. Inspection of corporate books, refusing to permit
1638. Insolvencies deemed fraudulent
1639. Fraudulent insolvency-Penalties
1640. Violation of duty by officer of corporation
1641. Director presumed to have knowledge
1642. Director presumed to have assented, when
1643. Presumption of assent when director was absent from meeting
1644. Foreign corporation no defense
1645. Director defined
§ 1631. Fraud in subscription for stock
Any person who signs the name of a fictitious person to any subscription for, or agreement to take stock in any corporation, existing or proposed; and every person who signs, to any subscription or agreement, the name of any person, knowing that such person has not means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1632. Fraud in procuring organization of stock company
Any officer, agent or clerk of any corporation, or of any persons proposing to organize a corporation or to increase the capital stock of any corporation, who knowingly exhibits any false, forged or altered book, paper, voucher, security or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital with intent to deceive such officer or board in respect thereto, shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years or by imposition of a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1633. Unauthorized use of names
Any person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in any prospectus, circular, or other advertisement or announcement of any corporation or joint-stock association existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1634. Omitting to enter receipt
Any director, officer or agent of any corporation or joint-stock association, who knowingly receives or possesses himself of any property of such corporation or association, otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1635. Destroying or falsifying books
Any director, officer, agent or member of any corporation or joint stock association, who, with intent to defraud, destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to such corporation or association, or makes or concurs in making any false entry, or omits or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1636. False reports of corporation--Refusal to make report
Any director, officer or agent of any corporation or joint-stock association, who knowingly concurs in the making, or publishes any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false, other than as are mentioned in Sections 2722 and 2723,1 or willfully refuses or neglects to make or deliver any written report, exhibit or statement required by law, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1637. Inspection of corporate books, refusing to permit
Any officer or agent of any corporation having or keeping an office within this state, who has in his custody, or control, any book, paper or document of such corporation, and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1638. Insolvencies deemed fraudulent
Every insolvency of a moneyed corporation is deemed fraudulent unless its affairs appear, upon investigation, to have been administered fairly and legally, and generally with the same care and diligence that agents receiving a compensation for their services are bound by law to observe.
LA 07-21, eff. February 22, 2021.
§ 1639. Fraudulent insolvency--Penalties
A. In every case of a fraudulent insolvency of a moneyed corporation not licensed to conduct insurance business in the State of Oklahoma, every director thereof who participated in such fraud is guilty of a misdemeanor.
B. In every case of a fraudulent insolvency of a moneyed corporation licensed to conduct the business of insurance in the State of Oklahoma, every director thereof who participated in such fraud is guilty of a felony punishable by a term of imprisonment not to exceed three (3) years or by imposition of a fine in an amount not the exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1640. Violation of duty by officer of corporation
Any director of any moneyed corporation who willfully does any act, as such director, which is expressly forbidden by law, or willfully omits to perform any duty expressly imposed upon him as such director, by law, the punishment for which act or omission is not otherwise prescribed by this article, or by some of the acts which it specifies as continuing in force, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1641. Director presumed to have knowledge
Any director of a corporation or joint-stock association is deemed to possess such a knowledge of the affairs of his corporation, as to enable him to determine whether any act, proceeding or omission of its directors, is a violation of this article.
LA 07-21, eff. February 22, 2021.
§ 1642. Director presumed to have assented, when
Any director of a corporation or joint-stock association, who is present at a meeting of the directors at which any act, proceeding or omission of such directors, in violation of this article1 occurs, is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors.
LA 07-21, eff. February 22, 2021.
§ 1643. Presumption of assent when director was absent from meeting
Any director of a corporation or joint-stock association, although not present at the meeting of the directors at which any act, proceeding or omission of such directors, in violation of this article, occurs, is deemed to have concurred therein, if the facts constituting such violation appear on the record or minutes of the proceedings of the board of directors, and he remains a director of the same company for six (6) months thereafter, and does not, within that time, cause or in writing require his dissent from such illegality to be entered in the minutes of the directors.
LA 07-21, eff. February 22, 2021.
§ 1644. Foreign corporation no defense
It is no defense to a prosecution for a violation of the provisions of this article, that the corporation was one created by the laws of another state, government or country, if it was one carrying on business, or keeping an officer thereof, within this Nation.
LA 07-21, eff. February 22, 2021.
§ 1645. Director defined
The term director, as used in this article, embraces any of the persons having by law the direction or management of the affairs of a corporation by whatever name such persons are described in its charter, or known by law.
LA 07-21, eff. February 22, 2021.
CHAPTER 65
FRAUDS ON INSURANCE COMPANIES
SECTION
1662. False claim or proof of loss in insurance
1663. Workers’ compensation fraud-Punishment
1671. Fraudulent conveyance
1672. Fraudulent removal of property
1673. Assignment to creditor with preference
1674. Frauds by insolvent debtor
§ 1662. False claim or proof of loss in insurance
Any person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance, for the payment of any loss, or who prepares, makes or subscribes any account, certificate, survey affidavit, proof of loss, or other book, paper or writing, with intent to present or use the same, or to allow it to be presented or used in support of any such claim, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding three (3) years, or by a fine not exceeding twice the amount of the aggregated loss sum, or both.
LA 07-21, eff. February 22, 2021.
§ 1663. Workers’ compensation fraud--Punishment
A. Any person who commits workers’ compensation fraud, upon conviction, shall be guilty of a felony punishable by imprisonment for a term not exceeding three (3) years or by a fine not exceeding Ten Thousand Dollars ($10,000.00) or by both such fine and imprisonment.
B. For the purposes of this section, workers’ compensation fraud shall include, but not be limited to, any act or omission prohibited by subsection C of this section and committed by a person with the intent to injure, defraud or deceive another with respect to any of the following:
1. A claim for payment or other benefit pursuant to a contract of insurance;
2. An application for the issuance of a contract of insurance;
3. The rating of a contract of insurance or any risk associated with the contract;
4. Premiums paid on any contract of insurance whether or not the contract was actually issued;
5. Payments made in accordance with the terms of a contract of insurance;
6. An application for any license which is required by the Oklahoma Insurance Code, Title 36 of the Oklahoma Statutes;
7. An application for a license which is required for the organization, operation or maintenance of a health maintenance organization pursuant to Section 2501 et seq. of Title 63 of the Oklahoma Statutes;
8. A request for any approval, license, permit or permission required by the Workers’ Compensation Act,1 by the rules of the Workers’ Compensation Court or by the rules of the Workers’ Compensation Court Administrator necessary to secure compensation as required by Section 61 of Title 85 of the Oklahoma Statutes;
9. The financial condition of an insurer or purported insurer;
10. The acquisition of any insurer; or
11. A contract of insurance or a Certification of Non-Coverage Under the Workers’ Compensation Act.
C. A person is guilty of workers’ compensation fraud who:
1. Presents, causes to be presented or intends to present to another, any statement as part of or in support of any of the purposes described in subsection B of this section knowing that such statement contains any false, fraudulent, incomplete or misleading information concerning any fact or thing material to the purpose for the statement;
2. Assists, abets, solicits or conspires with another to prepare or make any statement that is intended to be presented to, used by or relied upon by another in connection with or in support of any of the purposes described in subsection B of this section knowing that such statement contains any false, fraudulent, incomplete or misleading information concerning any fact or thing material to the purpose of the statement;
3. Conceals, attempts to conceal or conspires to conceal any information concerning any fact material to any of the purposes described in subsection B of this section;
4. Solicits, accepts or conspires to solicit or accept new or renewal insurance risks by or for an insolvent insurer;
5. Removes, attempts to remove or conspires to remove the assets or records of the insurer or a material part thereof, from the place of business of the insurer or from a place of safekeeping of the insurer;
6. Conceals, attempts to conceal or conspires to conceal the assets or records of the insurer or a material part thereof;
7. Diverts, attempts to divert, or conspires to divert funds of an insurer or other person in connection with:
a. a contract of insurance,
b. the business of an insurer, or
c. the formation, acquisition or dissolution of an insurer;
8. Solicits, accepts or conspires to solicit or accept any benefit in exchange for violating any provision of this section;
9. Conceals, attempts to conceal, conspires to conceal or fails to disclose any change in any material fact, circumstance or thing for which there is a duty to disclose to another; or
10. Alters, falsifies, forges, distorts, counterfeits or otherwise changes any material statement, form, document, contract, application, certificate, or other writing with the intent to defraud, deceive, or mislead another.
D. It shall not be a defense to an allegation of a violation of this section that the person accused did not have a contractual relationship with the insurer.
E. For the purposes of this section:
1. “Contract of insurance” includes, but is not limited to, workers’ compensation insurance or any other means of securing compensation permitted by the Workers’ Compensation Act or reinsurance for such insurance or other means of securing compensation;
2. “Insurer” includes, but is not limited to, any person who is engaged in the business of making contracts of insurance;
3. “Person” means any individual or entity, whether incorporated or not, and in the case of an entity, includes those persons directly responsible for the fraudulent actions of the entity;
4. “Statement” includes, but is not limited to, any oral, written, computer-generated or otherwise produced notice, proof of loss, bill of lading, receipt for payment, invoice, account, certificate, survey affidavit, book, paper, writing, estimate of property damage, bill for services, diagnosis, prescription, medical record, x-ray, test result or other evidence of loss, injury or expense; and
5. “Work” does not include activities that result in nominal economic gain.
LA 07-21, eff. February 22, 2021.
§ 1671. Fraudulent conveyance
Every person who being a party to any conveyance or assignment of any real or personal property, or of any interest therein, made or created with intent to defraud prior or subsequent purchasers, or to hinder, delay or defraud creditors or other persons, and every person being privy to or knowing of such conveyance, assignment or charge, who willfully puts the same in use as having been made in good faith, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1672. Fraudulent removal of property
Every person who removes any of his property out of any county, with intent to prevent the same from being levied upon by any execution or attachment, or who secretes, assigns, conveys or otherwise disposes of any of his property, with intent to defraud any creditor, or to prevent such property being made liable for the payment of his debts, and every person who receives any such property with such intent, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1673. Assignment to creditor with preference
Every person who, knowing that his property is insufficient for the payment of all his lawful debts, assigns, transfers or delivers any property for the benefit of any creditor or creditors, upon any trusts or condition, that any creditor shall receive a preference or priority over any other, except in the cases in which such preference is expressly allowed to be given by law, or with intent to create such preference or priority, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1674. Frauds by insolvent debtor
Every person who, upon making or prosecuting any application for a discharge as an insolvent debtor, under the provision of any law now in force, or that may hereafter be enacted, either:
1. Fraudulently presents, or authorizes to be presented on his behalf such application, in a case in which it is not authorized by law; or,
2. Makes or presents to any court or officer, in support of such application, any petition, schedule, book, account, voucher or other paper or document, knowing the same to contain any false statement; or,
3. Fraudulently makes or exhibits, or alters, obliterates or destroys any account or voucher relating to the condition of his affairs, or any entry or statement in such account or voucher; or
4. Practices any fraud upon any creditor, with intent to induce him to petition for, or consent to such discharge; or
5. Conspires with or induces any person fraudulently to unite as a creditor in any petition for such discharge, or to practice any fraud in aid thereof, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
CHAPTER 67
INJURIES TO ANIMALS
Section
1681. Poisoning animals
1682. Instigating fights between animals
1683. Keeping places for fighting animals
1685. Cruelty to animals
1685.1. Greyhounds--Using live animal as lure in training--Penalties
1686. Abandoned animals-Euthanasia - Custody of animal following arrest
1688. Animals in transit
1689. Poisonous drugs, unjustifiable administration of
1691. Abandoning of domestic animals along streets or highways or in any public place prohibited
1692. Penalty
1692.1. Definitions
1692.2. Instigating or encouraging cockfight
1692.3. Keeping place, equipment or facilities for cockfighting
1692.4. Servicing or facilitating cockfight
1692.5. Owning, possessing, keeping or training bird for fighting
1692.6. Spectators
1692.7. Seizure, destruction, or forfeiture of cockfighting equipment or facilities
1692.8. Punishment
1692.9. Exemption
DOGFIGHTING
1693. Definitions
1694. Instigating or encouraging dogfight-Felony-Penalty
1695. Keeping place, equipment or facilities for dogfighting-Felony-Penalty
1696. Servicing or facilitating dogfight-Felony-Penalty
1697. Owning, possessing, keeping or training dog for fighting-Felony-Penalty
1698. Spectators
1699. Seizure, destruction or forfeiture of dogfighting equipment and facilities
1699.1. Punishment
1699.2. Exemptions
§ 1681. Poisoning animals
1700. Bear wrestling--Horse tripping
Any person who willfully administers poison to any animal, the property of another, and every person who maliciously exposes any poisonous substance with intent that the same shall be taken by any such animal, shall be guilty of a felony and shall be punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1682. Instigating fights between animals
Every person who maliciously, or for any bet, stake or reward, instigates or encourages any fight between animals with the exception of dogs, or instigates or encourages any animal with the exception of dogs to attack, bite, wound or worry another, upon conviction, is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1683. Keeping places for fighting animals
Every person who keeps any house, pit or other place, to be used in permitting any fight between animals with the exception of dogs or in any other violation of 21 CNCA § 1682, upon conviction, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1685. Cruelty to animals
Any person who shall willfully or maliciously overdrive, overload, torture, destroy or kill, or cruelly beat or injure, maim or mutilate, any animal in subjugation or captivity, whether wild or tame, and whether belonging to himself or to another, or deprive any such animal of necessary food, drink or shelter; or who shall cause, procure or permit any such animal to be so overdriven, overloaded, tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink or shelter; or who shall willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal, or any act tending to produce such cruelty, shall be guilty of a crime.
LA 10-90, eff. November 13, 1990.
§ 1685.1. Greyhounds--Using live animal as lure in training--Penalties
A. No person may knowingly use any live animal as a lure or bait in training a greyhound for entry in any race.
B. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00).
C. The provisions of subsection B of this section shall be the exclusive remedy for any violation of the provisions of subsection A of this section.
LA 07-21, eff. February 22, 2021.
§ 1686. Abandoned animals-Euthanasia-Custody of animal following arrest
A. Any person owning or having charge or custody of a maimed, diseased, disabled, or infirm animal who abandons said animal or who allows said animal to lie in a public street, road, or public place one (1) hour after said person receives notice by a duly constituted authority that the animal is disabled or dead, upon conviction, shall be guilty of a misdemeanor.
B. Any peace officer, animal control officer may humanely destroy or cause to be humanely destroyed any animal found abandoned and for which no proper care has been given.
C. When any person who is arrested, and who is at the time of such arrest in charge of any animal or of any vehicle drawn by or containing any animal, any peace officer, or animal control officer may take custody of the animal or of the vehicle and its contents, or deliver the animal or the vehicle and its contents into the possession of the police or sheriff of the county or place where such arrest was made, who shall assume the custody thereof. All necessary expenses incurred in taking custody of the animal or of the vehicle and its contents shall be a lien on such property.
D. For the purpose of the provisions of this section and 21 CNCA § 1691, the term abandon means the voluntary relinquishment of an animal and shall include but shall not be limited to vacating a premises and leaving the animal in or at the premises, or failing to feed the animal or allowing it to stray or wander onto private or public property with the intention of surrendering ownership or custody over said animal.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1688. Animals in transit
Any person who carries or causes to be carried in or upon any vessel or vehicle, or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1689. Poisonous drugs, unjustifiable administration of
Any person who unjustifiably administers any poisonous or noxious drug or substance to any animal, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990.
§ 1691. Abandoning of domestic animals along streets or highways or in any public place prohibited
Any person who deposits any live dog, cat, or other domestic animal along any private or public roadway, or in any other private or public place with the intention of abandoning the domestic animal upon conviction, shall be guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1692. Penalty
Any person found guilty of violating the provisions of Sections 1686, 1688, 1689, and 1691 of this title shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1692.1. Definitions
As used in this act:
A. “Cockfight” or “cockfighting” is a fight between birds, whether or not fitted with spurs, knives, or gaffs, and whether or not bets or wagers are made on the outcome of the fight, and includes any training fight in which birds are intended or encouraged to attack or fight with one another.
B. “Equipment used for training or handling a fighting bird” includes knives or gaffs, cages, pens, feeding apparatuses, training pens and other related devices and equipment, and is hereby declared contraband and subject to seizure.
LA 07-21, eff. February 22, 2021.
§ 1692.2. Instigating or encouraging cockfight
Every person who willfully instigates or encourages any cockfight, upon conviction, shall be guilty of a felony. The penalty for a violation of this section shall be as provided in Section 1692.8 of this chapter.
LA 07-21, eff. February 22, 2021.
§ 1692.3. Keeping place, equipment or facilities for cockfighting
Every person who keeps any pit or other place, or knowingly provides any equipment or facilities to be used in permitting any cockfight, upon conviction, shall be guilty of a felony. The penalty for a violation of this section shall be as provided in Section 1692.8 of this chapter.
LA 07-21, eff. February 22, 2021.
§ 1692.4. Servicing or facilitating cockfight
Every person who does any act or performs any service in the furtherance of or to facilitate any cockfight, upon conviction, shall be guilty of a felony. Such activities and services specifically prohibited by this section include, but are not limited to: promoting or refereeing of birds at a cockfight, advertising a cockfight, or serving as a stakes holder of any money wagered on any cockfight. The penalty for a violation of this section shall be as provided in Section 1692.8 of this chapter.
LA 07-21, eff. February 22, 2021.
§ 1692.5. Owning, possessing, keeping or training bird for fighting
Every person who owns, possesses, keeps, or trains any bird with the intent that such bird shall be engaged in a cockfight, upon conviction, shall be guilty of a felony. The penalty for a violation of this section shall be as provided in Section 1692.8 of this chapter.
LA 07-21, eff. February 22, 2021.
§ 1692.6. Spectators
Every person who is knowingly present as a spectator at any place, building, or other site where preparations are being made for a cockfight with the intent to be present at such preparation or cockfight, or is knowingly present at such cockfight, upon conviction shall be guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1692.7. Seizure, destruction, or forfeiture of cockfighting equipment or facilities
Following the conviction of a person for Sections 1692.2, 1692.3, 1692.4, or 1692.5 of this chapter, the court entering the judgment shall order that the birds and knives or gaffs used in violation of this act2 be forfeited to the state, and may order that any and all equipment described in Section 1 used in violation of this act be forfeited to the state.
LA 07-21, eff. February 22, 2021.
§ 1692.8. Punishment
A. Every person who is guilty of a felony under any of the provisions of Sections 1692.2, 1692.3, 1692.4, or 1692.5 of this chapter shall be punished by imprisonment for not less than one (1) year, or shall be fined not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
B. Every person who upon conviction is guilty of any of the provisions of Section 6 of this chapter shall be punished by imprisonment for not more than one (1) year, or shall be fined not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1692.9. Exemption
Nothing in this chapter shall prohibit any of the following:
A. Hunting birds or fowl in accordance with applicable regulation or statute, including but not limited to the sport of hunting game with trained raptors.
B. Agricultural production of fowl for human consumption.
LA 07-21, eff. February 22, 2021.
DOGFIGHTING
§ 1693. Definitions
As used in this act:
1. "Equipment used for training or handling a fighting dog" includes harnesses, treadmills, cages, decoys, pens, houses, feeding apparatuses, training pens and other related devices and equipment.
2."Equipment used for transporting a fighting dog" includes any automobile, or other vehicle, and its appurtenances which are intended to be used as a vehicle for transporting a fighting dog to a fight.
3. “Concession equipment” includes any stands, equipment or devices intended to be used to sell or otherwise to dispense food, drinks, liquor, souvenirs, or spectator comforts.
4. "Equipment used to promote or advertise a dogfight" includes any printing presses or similar equipment, any paper, ink, photography equipment, and related items and equipment intended to be used to transport same.
5. "Equipment used to stage a dogfight" includes, but is not limited to, dogfighting arenas, bleachers, or spectators' stands or other seating, tents, canopies, buildings, fences, cages, speakers, public address systems, portable toilet facilities and related equipment.
6. "Fighting dog" includes any dog trained, being trained, intended to be used for training, or intended to be used to attack, bite, wound or worry another dog.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1694. Instigating or encouraging dogfight-Felony-Penalty
Every person who willfully or for any bet, stake or reward, instigates or encourages any fight between dogs, or instigates or encourages any dog to attack, bite, wound or worry another dog, except in the course of protection of life and property, upon conviction, is guilty of afelony, punishable as provided in Section 1699.1 of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1695. Keeping place, equipment or facilities for dogfighting-Felony-Penalty
Every person who keeps any house, pit or other place, or provides any equipment or facilities to be used in permitting any fight between dogs or in furtherance of any activity described in 21 CNCA § 1693, upon conviction, shall be guilty of a felony, punishable as provided in Section 1699.1 of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1696. Servicing or facilitating dogfight-Felony -Penalty
Every person who does any act or performs any service in the furtherance of or to facilitate any dogfight, upon conviction, shall be guilty of a felony. Such activities and services specifically prohibited by this section include, but are not limited to: promotion, refereeing, handling of dogs at a fight, transportation of spectators to or from a dogfight, providing concessions at a dogfight, advertising a dogfight, or serving as a stakes holder of any money wagered on any dogfight, punishable as provided in Section 1699.1 of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1697. Owning, possessing, keeping or training dog for fighting-Felony-Penalty
Every person who owns, possesses, keeps or trains any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog, upon conviction, shall be guilty of a felony, punishable as provided in Section 1699.1 of this title.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1698. Spectators
Every person who is knowingly present as a spectator at any place, building or other site where preparations are being made for an exhibition of dog-fighting with the intent to be present at such preparation or fight, or is knowingly present at such exhibition, upon conviction, shall be guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1699. Seizure, destruction or forfeiture of dogfighting equipment and facilities
Following the conviction of a person for the offense of keeping a place for fighting dogs, providing facilities for fighting dogs, performing services in the furtherance of dogfighting, training, owning, possessing, handling fighting dogs, the Court entering the judgment shall order that the machine, device, gambling equipment, training or handling instruments or equipment, transportation equipment, concession equipment, dogfighting equipment and instruments, and fighting dogs used in violation of this act be destroyed or forfeited to the Nation.
LA 10-90, eff. November 13, 1990.
§ 1699.1. Punishment
A. Every person who is guilty of a felony under any of the provisions of Sections 1694, 1695, 1696 and 1697 of this title shall be punished by imprisonment for not more than three (3) years, or a fine not less than Two Thousand Dollars ($2,000.00) nor more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
B. Every person who upon conviction is guilty of any of the provisions of Section 1698 of this title shall be punished by imprisonment for not more than one (1) year, or shall be fined not more than Five Hundred Dollars ($500.00).
LA 07-21, eff. February 22, 2021.
§ 1699.2. Exemptions
Nothing in this act shall prohibit any of the following:
1. The use of dogs in hunting as permitted by the Game and Fish Code and by the rules and regulations adopted by the Oklahoma Wildlife Conservation Commission;
2. The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody thereof;
3. The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law; or
4. The raising, breeding, keeping or training of dogs or the use of equipment for the raising, breeding, keeping or training of dogs for sale or show purposes.
LA 10-90, eff. November 13, 1990.
§ 1700. Bear wrestling--Horse tripping
A. It is unlawful for any person to:
1. Promote, engage in, or be employed at a bear wrestling exhibition or horse tripping event;
2. Receive money for the admission of another person to any place where bear wrestling or horse tripping will occur;
3. Sell, purchase, possess, or offer a horse for any horse tripping event;
4. Sell, purchase, possess, or train a bear for any bear wrestling exhibition;
5. Subject a bear to alteration in any form for purposes of bear wrestling including, but not limited to, removal of claws or teeth, or severing tendons; or
6. Give any substance to a bear, inject any substance into a bear, or cause a bear to ingest or inhale any substance for the purposes of bear wrestling.
B. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not exceeding one (1) year, or by a fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment. In addition, the court may require the violator to make restitution and reimbursements to the state, any of its political subdivisions, or to any society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to any animals used or intended for use in violation of this section.
C. Upon the arrest of any person pursuant to any provision of this section, the arresting law enforcement agency or animal control office shall have authority to seize and take custody of all animals in the possession of the arrested person which are the basis of an arrest pursuant to the provisions of this section. Upon conviction, the court shall have authority to order the forfeiture of all animals seized which are the basis of the conviction pursuant to the provisions of this section. Any animals ordered forfeited may be placed in the custody of a society which is incorporated for the prevention of cruelty to animals.
D. As used in this section, “horse tripping” means to cause an animal of the equine species to fall or lose its balance with the use of a wire, pole, stick, rope or other object. The term does not include the lawful laying down of a horse for medical purposes or for the purposes of identification.
LA 07-21, eff. February 22, 2021.
CHAPTER 68
LARCENY
Section
1701. Larceny defined
1702. Larceny of lost property
1703. Degrees of larceny
1704. Grand and petit larceny defined
1705. Punishment for grand larceny
1706. Punishment for petit larceny
1707. Grand larceny in house or vessel-a felony
1708. Grand larceny in night time from person-Punishment
1709. Larceny of written instrument-Value
1710. Larceny of passage ticket-Value
1711. Securities not yet issued or delivered, larceny of
1712. Severed fixture, larceny of
1713. Receiving stolen property-Presumption
1713.1. Purchase or receipt of stolen, etc., construction or farm equipment
1714. Fraudulent consumption of gas
1715. Bringing stolen property into the nation
1716. Theft of domestic animals or implements of husbandry
1717. Dog as personal property
1718. Larceny of dogs
1719. Domestic fowls, larceny of-Receiving stolen fowls
1719.1. Larceny of certain fish and game
1719.2. Taking, stealing or carrying away exotic livestock--Penalties-Definition
1720. Automobile, aircraft or other motor vehicle
1721. Tapping pipeline
1722. Taking oil, gas, gasoline or any product thereof-When misdemeanor or felony
1723. Larceny from the house
1724. Larceny from the house a felony
1726. Mercury--Possession of more than one pound without written evidence of title--Penalty--Defenses
1727. Copper--Stealing or removing-Penalties
1728. Possessing, receiving or transporting stolen copper--Penalty
1730. Act as cumulative-Definitions
1731. Larceny of merchandise from retailer or wholesaler--Punishment-Recidivists
1731.1. Shoplifting--Civil liabilities--Public service in lieu of damages--Limitations-Jurisdiction
1732. Larceny of trade secrets--Applicability of section
1737. Larceny of cable, information, or telecommunications services
1738. Seizure and forfeiture proceedings-Vehicles, airplanes, vessels, etc., used in attempt or commission of certain crimes
1739. Library theft
§ 1701. Larceny defined
Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.
LA 10-90, eff. November 13, 1990.
§ 1702. Larceny of lost property
One who finds lost property under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of larceny
punishable as follows:
1. If the value of the property is less than One Thousand Dollars ($ 1,000.00), the person shall be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine;
2. If the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; and
4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1703. Degrees of larceny
Larceny is divided into two degrees; the first of which is termed grand larceny, the second petit larceny.
LA 10-90, eff. November 13, 1990.
§ 1704. Grand and petit larceny defined
Grand larceny is larceny committed in either of the following cases:
1. When the property taken is of value exceeding One Thousand Dollars ($1000.00); or
2. When such property, although not of value exceeding One Thousand Dollars ($1,000.00), is taken from the person of another.
Larceny in other cases is petit larceny.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1705. Punishment for grand larceny
Grand larceny is a felony punishable as follows:
A. Grand larceny is a felony punishable as follows:
1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be punished by imprisonment for a term not to exceed one (1) year or by incarceration in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Cherokee Nation Code Annotated, at the option of the court, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the property is one or more firearms, the property is taken from the person of another, or the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment for a term not to exceed two (2) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. In the event the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be punished by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. The person shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Cherokee Nation Code Annotated.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1706. Punishment for petit larceny
Petit larceny shall be punishable by a fine of not less than Ten Dollars ($10.00) or more than Five Hundred Dollars ($500.00), or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment, at the discretion of the Court.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1707. Grand larceny in house or vessel-a felony
When it appears upon a trial for grand larceny that the larceny alleged was committed in any dwelling house or vessel, the offender shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1708. Grand larceny in night time from person-Punishment
When it appears upon such trial, that such larceny was committed by stealing in the night time, from the person of another, the offender shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1709. Larceny of written instrument-Value
If the thing stolen consists of any evidence of debt or other written instrument, the amount of money due thereon or secured to be paid thereby and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum of which might be recovered in the absence thereof, as the case may be, shall be deemed the value of the thing stolen.
LA 10-90, eff. November 13, 1990.
§ 1710. Larceny of passage ticket--Value
If the thing stolen is any ticket, or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad, or in any vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance shall be deemed the value of such ticket.
LA 07-21, eff. February 22, 2021.
§ 1711. Securities not yet issued or delivered, larceny of
All the provisions of this article1 shall apply where the property taken is an instrument for the payment of money, evidence of debt, public security or passage ticket, completed and ready to be issued or delivered, though the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner.
LA 07-21, eff. February 22, 2021.
§ 1712. Severed fixture, larceny of
Any fixture or part of realty, the instant it is severed from the realty becomes personal property, and the subject of larceny within the meaning of this chapter.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1713. Receiving stolen property-Presumption
A. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner, is guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine. If the personal property that has been stolen, embezzled, obtained by false pretense or robbery has a value of less than One Thousand Dollars ($1,000.00), the person shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment not to exceed one (1) year.
B. Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1713. Receiving stolen property--Presumption
A. Every person who buys or receives, in any manner, upon any consideration, personal property of a value of One Thousand Dollars ($1,000.00) or more that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner shall, upon conviction, be guilty of a felony punishable as follows:
1. If the value of the personal property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment for a term not to exceed two (2) years, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment;
2. If the value of the personal property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment; or
3. If the value of the personal property is Fifteen Thousand Dollars ($15,000.00) or more, the person may be punished by imprisonment for a term not to exceed three (3) years, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
B. If the personal property that has been stolen, embezzled, obtained by false pretense or robbery has a value of less than One Thousand Dollars ($1,000.00), the person shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed six (6) months.
C. Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.
LA 07-21, eff. February 22, 2021.
§ 1713.1. Purchase or receipt of stolen, etc., construction or farm equipment
Every person who buys or receives, in any manner, upon any consideration, any construction equipment or farm equipment of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such construction equipment or farm equipment from the owner, shall be guilty of a felony punishable by imprisonment for a term of not more than three (3) years or by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00) or by both such fine and imprisonment and may be ordered to pay restitution pursuant to Section 991f of Title 22 of the Cherokee Nation Code Annotated.
LA 07-21, eff. February 22, 2021.
§ 1714. Fraudulent consumption of gas
Every person who, with intent to defraud, makes or causes to be made, any pipe or other instrument or contrivance, and connects the same, or causes it to be connected, with any pipe laid for conducting illuminating gas, so as to conduct gas to a point where the same may be consumed without its passing through the meter providing for registering the quantity consumed, or in any other manner so as to evade paying therefor, and every person who with like intent injures or alters any gas meter, or obstructs its action, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1715. Bringing stolen property into the nation
Every person who steals the property of another in any other nation or state or country, and brings the same into this nation may be convicted and punished in the same manner as if such larceny had been committed in this Nation, and such larceny may be charged to have been committed in any town or city into or through which such stolen property has been brought.
LA 10-90, eff. November 13, 1990.
§ 1716. Theft of domestic animals or implements of husbandry
A. Any person in this Nation who shall steal any horse, jackass, jennet, mule, cow, hog or implement of husbandry as defined in Section 1-125 of Title 47 of the Cherokee Nation Code Annotated, shall, upon conviction be guilty of afelony punishable by imprisonment for a term not to exceed three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment. Each head of cattle stolen may constitute a separate offense and may be punishable as a separate violation.
B. Any person in this Nation who shall steal any dog, sheep or goat shall, upon conviction, be guilty of a felony punishable by imprisonment for a term of not more than three (3) years, or by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
C. The word "horse" as used in this section, includes all animals of the equine species and the word "cow" includes all animals of the bovine species.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1717. Dog as personal property
All animals of the dog kind, whether male or female, shall be considered the personal property of the owner thereof, for all purposes.
LA 10-90, eff. November 13, 1990.
§ 1718. Larceny of dogs
The taking of personal property of the kind defined in 21 CNCA § 1717, accomplished by fraud or stealth, and with the intent to deprive another thereof, is hereby defined as larceny and punishable in the same manner and to the same degree as in larceny of other descriptions of personal property.
LA 10-90, eff. November 13, 1990.
§ 1719. Domestic fowls, larceny of-Receiving stolen fowls
Every person who shall take, steal and carry away any domestic fowl, or fowls, and any person purchasing or receiving such domestic fowl, or fowls, knowing them to have been stolen, shall be guilty of grand larceny, regardless of the value thereof, and upon conviction shall be punished by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1719.1. Larceny of certain fish and game
A. For the purpose of this section:
1. "Domesticated fish or game" means all birds, mammals, fish and other aquatic forms and all other animals, regardless of classifications, whether resident, migratory or imported, protected or unprotected, dead or alive, and shall extend to and include every part of any individual species when such domesticated fish or game are not in the wild and are in the possession of a person currently licensed to possess such fish or game; and
2. "Taking" means the pursuing, killing, capturing, trapping, snaring and netting of domesticated fish or game or placing, setting, drawing or using any net, trap or other device for taking domesticated fish or game and includes specifically every attempt to take such domesticated fish or game.
B. Any domesticated fish or game shall be considered the personal property of the owner.
C. Any person who shall take any domesticated fish or game, with the intent to deprive the owner of said fish or game, and any person purchasing or receiving such domesticated fish or game knowing them to have been stolen, shall:
1. Upon conviction, if the current market value of said domesticated fish or game is less than One Thousand Dollars ($1,000.00), be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the penal institution for a term not to exceed sixty (60) days, or by both such fine and imprisonment; or
2. Upon conviction, if the current market value of said domesticated fish or game is One Thousand Dollars ($1,000.00) or more , be guilty of a felony and shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) or imprisonment for a term of not more than one (1) year, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1719.2. Taking, stealing or carrying away exotic livestock--Penalties--Definition
A. Any person who shall take, steal or carry away any exotic livestock, any person purchasing or receiving such exotic livestock, knowing them to have been stolen, shall be deemed guilty of grand larceny, regardless of the value thereof, and upon conviction thereof shall be punished by imprisonment not exceeding three (3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00) or by both such fine and imprisonment.
B. For purposes of this section the term “exotic livestock” means commercially raised exotic livestock including animals of the families bovidae, cervidae and antilocapridae or birds of the ratite group.
LA 07-21, eff. February 22, 2021.
§ 1720. Automobile, aircraft or other motor vehicle
Any person in this Nation who shall steal an aircraft, automobile or other automotive-driven vehicle , construction equipment or farm equipment, shall be guilty of a felony, and upon conviction shall be punished by imprisonment for a term not exceeding three (3) years or by a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00) or by both such fine and imprisonment and shall be ordered to pay restitution pursuant to Section 991f of Title 22 of the Cherokee Nation Code Annotated.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1721. Tapping pipeline
Any person who shall unlawfully make or cause to be made any connection with or in any way tap or cause to be tapped, or drill or cause to be drilled a hole in any pipe or pipeline or tank laid or used for the conduct or storage of crude oil, naphtha, gas or casinghead gas, or any of the manufactured or natural products thereof, with intent to deprive the owner thereof of any of said crude oil, naphtha, gas, casinghead gas or any of the manufactured or natural products thereof, shall be guilty of a felony, and upon conviction the person shall be punished by forfeiture of the instrumentality of the crime and by a fine of not less than One Hundred Dollars ($100.00), and not more than Fifteen Thousand Dollars ($15,000.00), or confinement for a term of not less than three (3) years, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1722. Taking oil, gas, gasoline or any product thereof-When misdemeanor or felony
Any person who shall unlawfully take any crude oil or gasoline, or any product thereof, from any pipe, pipeline, tank, tank car, or other receptacle or container and any person who shall unlawfully take or cause to be taken any machinery, drilling mud, equipment or other materials necessary for the drilling or production of oil or gas wells, with intent to deprive the owner or lessee thereof of said crude oil, gas, gasoline, or any product thereof, machinery, drilling mud, equipment or other materials necessary for the drilling or production of oil or gas wells :
1. Be guilty of a misdemeanor if the value of said product so taken is less than One Thousand Dollars ($1,000.00), and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for a term not to exceed sixty (60) days, or by both such fine and imprisonment;
2. Be guilty of a felony if the value of such product so taken is One Thousand Dollars ($1,000.00) or more and upon conviction thereof, shall be punished by forfeiture of the instrumentality of the crime and by a fine of not less than One Hundred Dollars ($100.00), and not more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a term not to exceed three (3) years, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1723. Larceny from the house
Any person entering and stealing any money or other thing of value from any house, railroad car, tent, booth or temporary building shall be guilty of larceny from the house. Larceny from the house is declared to be a felony.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1724. Larceny from the house a felony
Any person convicted of larceny from the house shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years.
LA 07-21, eff. February 22, 2021.
§ 1726. Mercury--Possession of more than one pound without written evidence of title--Penalty--Defenses
A. Any person who may be found in this state with more than one (1) pound of mercury in his possession, and who does not have valid written evidence of his title to such mercury, shall be guilty of a felony and upon conviction thereof shall be punishable by imprisonment for a term not to exceed three (3) years, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
B. It shall be a defense to any charge under this section that the person so charged (1) is a bona fide miner or processor of mercury or (2) that the mercury possessed by such person is, while in his possession, an integral part of a tool, instrument, or device used for a beneficial purpose. In any complaint, information, or indictment brought under this section, it shall not be necessary to negative any exception, excuse, exemption, or defense provided in this section, and the burden of proof of any such exception, excuse, exemption or defense shall be upon the defendant.
LA 07-21, eff. February 22, 2021.
§ 1727. Copper--Stealing or removing--Penalties
Any person who shall enter upon any premises, easement, or right of way with intent to steal or remove without the consent of the owner, or with intent to aid or assist in stealing or removing any copper wire, copper cable, or copper tubing from and off of any appurtenance on such premises, easement, or right of way shall be guilty of a felony and upon conviction shall be punished by confinement for a term not to exceed three (3) years, or shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1728. Possessing, receiving or transporting stolen copper--Penalty
Any person who shall receive, transport, or possess in this state stolen copper wire, copper cable, or copper tubing under such circumstances that he knew or should have known that the same was stolen shall upon conviction thereof be guilty of a felony and shall be confined for a term not exceeding three (3) years, or shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1730. Act as cumulative-Definitions
This act shall be cumulative of all laws of the Nation and any violation hereof may be prosecuted, irrespective of whether or not the acts complained of constitute any or some of the essential elements of other or different offenses against the penal laws of this Nation; and for the purposes of this act the word "stolen" or "steal" shall mean larceny as defined by 21 CNCA § 1701, and the word "stolen" or "steal" need not be defined in any indictment, complaint, or information for the prosecution of any offense hereunder.
LA 10-90, eff. November 13, 1990.
§ 1731. Larceny of merchandise from retailer or wholesaler--Punishment--Recidivists
A. Larceny of merchandise held for sale in retail or wholesale establishments shall be punishable as follows:
1. For the first conviction, in the event the value of the goods, edible meat or other corporeal property which has been taken is less than One Thousand Dollars ($1,000.00), the defendant shall be guilty of a misdemeanor and shall be punished by imprisonment for a term not exceeding thirty (30) days, and by a fine not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00); provided, for the first conviction, in the event more than one item of goods, edible meat or other corporeal property has been taken, punishment shall be by imprisonment for a term not to exceed thirty (30) days, and by a fine not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00);
2. If it be shown, in the trial of a case in which the value of the goods, edible meat or other corporeal property is less than One Thousand Dollars ($1,000.00), that the defendant has been once before convicted of the same offense, the defendant shall, on a second conviction, be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, and by a fine not exceeding One Thousand Dollars ($1,000.00);
3. If it be shown, upon the trial of a case where the value of the goods, edible meat or other corporeal personal property is less than One Thousand Dollars ($1,000.00), that the defendant has two or more times before been convicted of the same offense, regardless of the value of the goods, edible meat or other corporeal personal property involved in the first two convictions, upon the third or any subsequent conviction, the defendant shall be guilty of a felony and shall be punished by imprisonment for a term not to exceed three (3) years; and
4. In the event the value of the goods, edible meat or other corporeal property is One Thousand Dollars ($1,000.00) or more, the defendant shall be guilty of a felony and shall be punished by imprisonment for a term not to exceed three (3) years. The defendant shall also be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Cherokee Nation Code Annotated.
B. When three or more separate offenses under this section are committed within a ninety-day period, the value of the goods, edible meat or other corporeal property involved in each larceny offense may be aggregated to determine the total value for purposes of determining the appropriate punishment under this section.
C. In the event any person engages in conduct that is a violation of this section in concert with at least one other individual, such person shall be liable for the aggregate value of all items taken by all individuals. Such person may also be subject to the penalties set forth in Section 421 of this title, which shall be in addition to any other penalties provided for by law.
D. Any person convicted pursuant to the provisions of this section shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Cherokee Nation Code Annotated.
LA 07-21, eff. February 22, 2021.
§ 1731.1. Shoplifting--Civil liabilities--Public service in lieu of damages--Limitations--Jurisdiction
A. As used in this section:
1. “Merchant” means an owner or operator of any mercantile establishment, and includes the merchant’s employees, servants, security agents or other agents;
2. “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale;
3. “Unemancipated minor” means any unmarried person under eighteen (18) years of age under direct supervision and care of the parent or legal guardian of the minor; and
4. “Emancipated minor” means any person under eighteen (18) who is married and/or not under direct supervision and care of the parent or legal guardian of the minor.
B. An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller, or merchant and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be liable in a civil action for the retail price of the merchandise if it is unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.
C. The parent or legal guardian having custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller, or merchant, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof shall be liable in a civil action for the retail price of the merchandise if it is unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.
D. An adult, emancipated minor or unemancipated minor against whom judgment is rendered for taking possession of any goods, wares or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller or merchant and with the intention of converting such goods, wares or merchandise to his or her own use without having paid the purchase price thereof, may also be required to pay exemplary damages.
E. In lieu of the exemplary damages prescribed by subsection D of this section, any adult, emancipated minor or unemancipated minor against whom a judgment for exemplary damages has been rendered hereunder may be required to perform public services designated by the court; provided, that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the damages assessed by the court at the federal minimum wage prevailing in the state at the time of judgment, but in no case less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
F. The provisions of this section are in addition to criminal penalties and other civil remedies and shall not limit merchants or other persons from electing to pursue criminal penalties and other civil remedies, so long as a double recovery does not result.
G. For the purpose of this section, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the Nation.
H. Notwithstanding any other provision of law, a civil action or proceeding pursuant to this section may be commenced at any time within two (2) years after the conduct in violation of a provision of this section terminates or the cause of action accrues. If a criminal prosecution is brought by the Nation or by the United States to punish, prevent, or restrain any criminal action contained or described in this section, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for one (1) year following its termination or conclusion.
LA 07-21, eff. February 22, 2021.
§ 1732. Larceny of trade secrets--Applicability of section
A. Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another:
(a) steals or embezzles an article representing a trade secret, or,
(b) without authority makes or causes to be made a copy of an article representing a trade secret,
shall be guilty of larceny under Section 1704 of this title. For purposes of determining whether such larceny is grand larceny or petit larceny under this section, the value of the trade secret and not the value of the article shall be controlling.
B. (a) The word “article” means any object, material, device, customer list, business records, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, information stored in any computer-related format, or map.
(b) The word “representing” means describing, depleting, containing, constituting, reflecting or recording.
(c) The term “trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, customer list, business records or process, that:
1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(d) The word “copy” means any facsimile, replica, photograph or other reproduction of an article, including copying, transferring and e-mailing of computer data, and any note, drawing or sketch made of or from an article.
C. In a prosecution for a violation of this chapter it shall be no defense that the person so charged returned or intended to return the article so stolen, embezzled or copied.
D. The provisions of this section shall not apply if the person acted in accordance with a written agreement with the person’s employer that specified the manner in which disputes involving clients are to be resolved upon termination of the employer-employee relationship.
LA 07-21, eff. February 22, 2021.
§ 1737. Larceny of cable, information, or telecommunications services
A. Any person who:
1. Shall knowingly obtain or attempt to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service from another by means, artifice, trick, deception, or device without the payment to the operator of said service of all lawful compensation for each type of service obtained; or
2. Shall knowingly assist or instruct any other person in obtaining or attempting to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without the payment to the operator of all lawful compensations; or
3. Shall knowingly tamper or otherwise interfere with or connect to by any means, whether mechanical, electrical, acoustical, or other means, any cables, wires, or other devices used for the distribution of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without authority from the operator of said service; or
4. Shall knowingly manufacture, import into this state, distribute, sell, offer for sale, rental, or use, possess for sale, rental, or use, or advertise for sale, rental, or use any device of any description, or any plan, or kit for a device, designed in whole or in part to facilitate the doing of any of the acts specified in paragraphs 1, 2 and 3 of this subsection;
shall be guilty, upon conviction, of the misdemeanor of larceny of cable television, cable, information, or telecommunications service or tampering with cable television, cable, information, or telecommunications service, which offenses are punishable by imprisonment for not more than six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both said fine and imprisonment.
B. In any prosecution as set forth in subsection A of this section, the existence on the property and in the actual possession of the accused, of (1) any connection, wire, conductor, or any device whatsoever, which is connected in such a manner as would appear to permit the use of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without the same being reported for payment to and specifically authorized by the operator of the cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service or (2) the existence on the property and in the actual possession of the accused, in quantities or volumes suggesting possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts mentioned in subsection A of this section shall be prima facie evidence of intent to violate and of the violation of the provisions of subsection A of this section by the accused.
C. Any person who violates the provisions of this section shall be liable to the franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider for the greater of the following amounts:
1. Two Thousand Five Hundred Dollars ($2,500.00); or
2. Three times the amount of actual damages, if any, sustained by the plaintiff, plus reasonable attorneys fees.
D. Any franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider may bring an action to enjoin and restrain any violation of the provisions of this section or an action of conversion, or both, and may in the same action seek damages as provided for in subsection C of this section.
E. It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.
F. The provisions of this section shall not be construed or otherwise interpreted to prohibit an individual from owning or operating a device commonly known as a “satellite receiving dish” for the purpose of receiving and utilizing satellite-relayed television signals for his own use.
LA 07-21, eff. February 22, 2021.
§ 1738. Seizure and forfeiture proceedings-Vehicles, airplanes, vessels, etc., used in attempt or commission of certain crimes
A. Any commissioned peace officer of this Nation is authorized to seize any equipment, vehicle, airplane, vessel, vehicles or parts of vehicles whose numbers have been removed, altered or obliterated so as to prevent determination of the true identity or ownership of said property and parts of vehicles which probable cause indicates are stolen but whose true ownership cannot be determined, or which is used in the attempt or commission of any armed robbery offense defined in 21 CNCA § 801, used to facilitate the intentional discharge of any kind of firearm in violation of 21 CNCA § 652, used in any act of burglary in the first or second degree, larceny of livestock, motor vehicle theft, unauthorized use of a vehicle, obliteration of distinguishing numbers on vehicles or criminal possession of vehicles with altered, removed or obliterated numbers as defined by 21 CNCA § 1431, 21 CNCA § 1435, 21 CNCA § 1716, 21 CNCA § 1719 and 21 CNCA § 1720 or 47 CNCA §§ 4-104 and 4-107, used in the commission of any arson offense defined in 21 CNCA §§ 1401-1404, or used in any manner to facilitate or participate in the commission of any human trafficking offense in violation of 21 CNCA §§ 748 or 866. Said property may be held as evidence until a forfeiture has been declared or are lease ordered.
B. Notice of seizure and intended forfeiture proceeding shall be filed in the office of the Clerk of the Cherokee Nation District Court and shall be given to all owners and parties in interest.
C. Notice shall be given according to one of the following methods:
1. Upon each owner or party in interest whose right, title, or interest is of record in the Oklahoma Tax Commission or the Cherokee Nation Tax Commission, or with the county clerk for filings under the Uniform Commercial Code, served in the manner of service of process in civil cases prescribed bythe Federal Rules of Civil Procedure;
2. Upon each owner or party in interest whose name and address is known, served in the manner of service of process in civil cases prescribed by 12 O.S. § 2004; or
3. Upon all other owners, whose addresses are unknown, but who are believed to have an interest in the property by one publication in a newspaper of general circulation in the county where the seizure was made.
D. Within sixty (60) days after the mailing or publication of the notice, the owner of the property and any other party in interest or claimant may file a verified answer and claim to the property described in the notice of seizure and of the intended forfeiture proceeding.
E. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use and may order the property forfeited to the Nation, if such fact is proven.
F. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.
G. At the hearing the Nation shall prove by clear and convincing evidence that property was used in the attempt or commission of an act specified in subsection (A) of this section with knowledge by the owner of the property.
H. The claimant of any right, title, or interest in the property may prove his lien, mortgage, or conditional sales contract to be bona fide and that his right, title, or interest was created without any knowledge or reason to believe that the property was being, or was to be, used for the purpose charged.
I. In the event of such proof, the Court may order the property released to the bona fide or innocent owner, lien holder, mortgagee, or vendor if the amount due him is equal to, or in excess of, the value of the property as of the date of the seizure, it being the intention of this section to forfeit only the right, title, or interest of the purchaser.
J. If the amount due to such person is less than the value of the property, or if no bona fide claim is established, the property shall be forfeited to the Nation and shall be sold pursuant to judgment of the Court, as on sale upon execution, except as otherwise provided for by law.
K. Property taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General. The Attorney General shall release said property to the owner of the property if it is determined that the owner had no knowledge of the illegal use of the property or if there is insufficient evidence to sustain the burden of showing illegal use of such property. If the owner of the property stipulates to the forfeiture and waives the hearing, the Attorney General may determine if the value of the property is equal to or less than the outstanding lien. If such lien exceeds the value of the property, the property may be released to the lien holder. Property which has not been released by the Attorney General shall be subject to the orders and decrees of the Court or the official having jurisdiction thereof.
L. Neither the Attorney General not the Nation shall be held civilly liable for having custody of the seized property or proceeding with a forfeiture action as provided for in this section.
M. Attorney fees shall not be assessed against the Nation or the Attorney General for any actions or proceeding pursuant to 21 CNCA § 1701 et seq.
N. The proceeds of the sale of any property shall be distributed as follows, in the order indicated:
1. To the bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, if any, up to the amount of his interest in the property, when the Court declaring the forfeiture orders a distribution to such person;
2. To the payment of the actual reasonable expenses of preserving the property;
3. To the victim of the crime to compensate said victim for any loss he may have incurred as a result of the act for which such property was forfeited; and
4. The balance to a revolving fund in the office of the county treasurer of the county wherein the property was seized, to be distributed as follows: one-third (1/3) to the office of the arresting authorities; one-third (1/3) of said fund to be used and maintained as a revolving fund by the prosecutor for the victim-witness fund, a reward fund or the evidence fund; and one-third (1/3) to go to the jail maintenance fund, with a yearly accounting to the board of county commissioners in whose county the fund is established. Monies from said fund may be used to pay costs for the storage of such property if such property is ordered released to a bona fide or innocent owner, lien holder, mortgagee, or vendor and if such funds are available in said fund.
O. If the Court finds that the property was not used in the attempt or commission of an act specified in subsection (A) of this section, the Court shall order the property released to the owner as his right, title, or interest appears on record in the Oklahoma Tax Commission or the Cherokee Nation Tax Commission as of the seizure.
P. No vehicle, airplane, or vessel used by a person as a common carrier in the transaction of business as a common carrier shall be forfeited pursuant to the provisions of this section unless it shall be proven that the owner or other person in charge of such conveyance was a consenting party or privy to the attempt or commission of an act specified in subsection (A) of this section. No property shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, and by any person other than such owner while such property was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of this Nation.
LA 10-90, eff. November 13, 1990.
§ 1739. Library theft
A. As used in this section:
1. "Demand" means either actual notice to the possessor of any library materials or the mailing of written notice to the possessor at the last address of record which the library facility has for said person, demanding the return of designated library materials. If demand is made by mail it shall be deemed to have been given as of the date the notice is mailed by the library facility.
2. "Library facility" means any:
a. public library; or
b. library of an educational, historical or eleemosynary institution, organization, or society; or
c. museum; or
d. repository of public or institutional records.
3. "Library material" means any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, catalog cards or catalog records, electronic data processing records, computer software, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging or on loan to, or otherwise in the custody of a library facility.
B. Any person shall be guilty, upon conviction, of library theft who willfully:
1. Removes or attempts to remove any library material from the premises of a library facility without authority; or
2. Mutilates, destroys, alters or otherwise damages, in whole or in part, any library materials; or
3. Fails to return any library materials which have been lent to said person by the library facility, within seven (7) days after demand has been made for the return of the library materials.
C. A person convicted of library theft shall be guilty of a crime and shall be subject to the fine and restitution provisions of this subsection but shall not be subject to imprisonment. The punishment for conviction of library theft shall be:
1. If the aggregate value of the library material is Five Hundred Dollars ($500.00) or less, by fine not exceeding One Thousand Dollars ($1,000.00), or the offender shall make restitution to the library facility, including payment of all related expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution; or
2. If the aggregate value of the library material is greater than Five Hundred Dollars ($500.00), by fine not exceeding Five Thousand Dollars ($5,000.00), or the offender shall make restitution to the library facility, including payment of all expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution.
D. Copies of the provisions of this section shall be posted on the premises of each library facility.
LA 10-90, eff. November 13, 1990.
CHAPTER 69
MALICIOUS MISCHIEF
Section
1740. Pump Pirates Act
1740.1. Dimensional stone product--Stealing or removing
1740.2. Holding, concealing, destroying or taking mail from another person
1741. Unlawful Use of a Recording Device--Definitions--Violations--Penalties--Liability--Exclusions--Other laws
1742.1. Telephone records-Definitions
1742.2. Unauthorized or fraudulent procurement, sale or receipt of telephone records
1742.3. Limitation on applicability of act
1751. Railroads, injuries to
1752. Death from displacing of railroad equipment
1752.1. Trespass upon or interference with railroad property
1753. Highways, injuries to
1753.3. Throwing, dropping, depositing, or otherwise placing litter upon highways, roads, or public property-Penalties
1753.4. Erection of signs and markers along state and federal highways
1753.5. Erection of signs and markers along county roads
1753.6. Enforcement
1753.7. Exceptions
1753.8. Defacing, stealing or possessing road signs or markers-Violation resulting in personal injury or death-Penalties
1754. Obstructing highways-Punishment-Damages
1757. Reserved
1758. Irrigation ditches, canals, water lines or conduits-Interference with
1759. Penalty
1760. Malicious injury or destruction of property generally-Punishment-Damages
1761. Following sections do not restrict 21 CNCA § 1760
1761.1. Dumping, etc. of trash on public or private property prohibited-Penalties
1761.2. Illegal dumping on tribal land prohibited-Penalties
1762. Mining claims-Unlawful to tear down legal notice or deface any record
1765. House of worship or contents, injuring
1767.1. Use or threat to use explosive, incendiary device, or simulated bomb to damage or injure persons or property
1767.2. Violations of preceding section
1767.3. Definitions
1767.4. Tracing of telephone calls-Immunity
1767.5. Possession, manufacture, storage, or use of explosive without permit
1768. Malicious injury to freehold-Carrying away earth, soil or stone
1770. Standing crops, injuring
1771. Injuring fruit, melons or flowers in the day time
1772. Injuring fruit, melons or flowers in the night time
1773. Injuring fruit or ornamental trees
1774. Removing or altering landmarks
1775. Piers or dams, interfering with
1776. Destroying dam
1777. Piles, removing or injuring
1778. Train signal light, removing or masking-False light or signal
1779. Injuring written instruments the false making of which would be forgery
1781. Letters, opening and reading--Publishing letters
1782. Messages-Disclosing contents of
1783. Secreting telegraphic dispatches
1784. Works of art or ornamental improvements, injuring
1785. Works of literature or art in public place, injuring
1786. Injuries to pipes and wires
1787. Automobile or motor vehicle, loitering in, injuring or molesting
1788. Penalty
1789. Caves or caverns, injuring
1790. Reserved
1791. Damage to fence--Punishment-Exceptions
1792. Critical infrastructure facility--Trespass--Damage--Penalties
§ 1740. Pump Pirates Act
Any person who pumps gasoline into the gasoline tank of a vehicle and leaves the premises where the gasoline was pumped without making payment for the gasoline shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or imprisonment for a period of not more than sixty (60) days, or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1740.1. Dimensional stone product--Stealing or removing
A. It shall be unlawful for any person to enter upon any premises with intent to steal or remove without the consent of the owner, or with intent to aid or assist in stealing or removing any dimensional stone product. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, or by a fine of not less than One Thousand Dollars ($1,000.00) but not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
B. As used in this section, “dimensional stone product” means any natural rock material quarried for the purpose of obtaining blocks or slabs that meet specifications as to size and shape. Varieties of dimensional stone shall include, but not be limited to, granite, limestone, marble, sandstone or slate.
LA 07-21, eff. February 22, 2021.
§ 1740.2. Holding, concealing, destroying or taking mail from another person
A. As used in this section:
1. “Mail” means a letter, postal card, package, bag or any other article or thing contained therein, or other sealed article addressed to a person, that:
a. is delivered by a common carrier or delivery service and not yet received by the addressee, or
b. has been left to be collected for delivery by a common carrier or delivery service; and
2. “Person” means an individual, partnership, corporation, limited liability company, association or other legal entity.
B. It shall be unlawful for any person to hold, conceal, destroy or take mail from the mailbox or premises of another person or from a delivery vehicle at any point throughout the delivery route without the effective consent of the addressee and with the intent to deprive the addressee of the mail.
C. Any person who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
D. When three or more separate offenses under this section are committed within a sixty-day period, the person shall be guilty of a felony punishable by imprisonment for a term of not more than three (3) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
E. Any person convicted pursuant to the provisions of this section shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Cherokee Nation Code Annotated.
LA 07-21, eff. February 22, 2021.
§ 1741. Unlawful Use of a Recording Device--Definitions--Violations--Penalties--Liability--Exclusions--Other laws
A. This act shall be known as and may be cited as the “Unlawful Use of a Recording Device Act”.
B. As used in the Unlawful Use of a Recording Device Act:
1. “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed; and
2. “Facility” does not include a personal residence.
C. Any person, where a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the facility and of the licensor of the motion picture being exhibited shall be guilty of unlawful use of a recording device and shall be punished by imprisonment for a term not to exceed one (1) year, by a fine not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
D. The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of said owner or lessee, or the licensor of the motion picture being exhibited or the licensor’s agent or employee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken in good faith by said owner, lessee, licensor, agent or employee to detain, identify, or collect evidence from a person believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that the measures were manifestly unreasonable or the period of detention was unreasonably long.
E. This act shall not prevent any lawfully authorized investigative, law enforcement protective, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
F. This act shall not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes.
G. Nothing in this section shall be construed to prevent prosecution for any act of recording or transmitting under any other provision of law providing for greater penalty.
LA 07-21, eff. February 22, 2021.
§ 1742.1. Telephone records--Definitions
As used in this chapter:
1. “Telephone record” means information retained by a telephone company that relates to the telephone number dialed by the customer or any other person using the telephone of the customer with the permission of the customer, or the incoming number of a call directed to a customer or any other person using the telephone of the customer with the permission of the customer, or other data related to such calls typically contained on a customer telephone bill such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this act, any information collected and retained by or on behalf of a customer utilizing a Caller I.D. or equivalent service, or other similar technology, does not constitute a telephone record;
2. “Telephone company” means any person that provides commercial telephone services to a customer, irrespective of the communications technology used to provide such service including, but not limited to, traditional wireline or cable telephone service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet telephone service;
3. “Telephone” means any device used by a person for voice communications, in connection with the services of a telephone company, whether such voice communications are transmitted in analog, data, or any other form;
4. “Customer” means the person who subscribes to telephone service from a telephone company or in whose name such telephone service is listed;
5. “Person” means any individual, partnership, corporation, limited liability company, trust, estate, cooperative association, or other entity; and
6. “Procure” in regard to such a telephone record means to obtain by any means, whether electronically, in writing, or in oral form, with or without consideration.
LA 07-21, eff. February 22, 2021.
§ 1742.2. Unauthorized or fraudulent procurement, sale or receipt of telephone records
A. Whoever:
1. Knowingly procures, attempts to procure, solicits, or conspires with another to procure a telephone record of any resident of this Nation without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means;
2. Knowingly sells or attempts to sell a telephone record of any resident of this state without the authorization of the customer to whom the record pertains; or
3. Receives a telephone record of any resident of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means,
shall be punished in accordance with the provisions of subsection B of this section and shall be liable for restitution in accordance with subsection C of this section.
B. An offense under subsection A of this section is a felony and the punishment is:
1. Imprisonment for not more than three (3) years; and
4. In all cases, forfeiture of any personal property used or intended to be used to commit the offense.
C. A person found guilty of an offense under subsection A of this section, in addition to any other punishment, shall be ordered to make restitution for any financial loss sustained by the customer or any other person who suffered financial loss as the direct result of the offense.
D. A prosecution pursuant to subsection A of this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of some other provision of law.
E. Subsection A of this section shall not apply to any person acting pursuant to a valid court order, warrant, or subpoena.
LA 07-21, eff. February 22, 2021.
§ 1742.3. Limitation on applicability of act
No provision of this act shall be construed:
1. So as to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain telephone records in connection with the performance of the official duties of the agency;
2. To prohibit a telephone company from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly, through its agents:
a. as otherwise authorized by law,
b. with the lawful consent of the customer or subscriber,
c. as may be reasonably incident to the rendition of the service or to the protection of the rights or property of the telephone company, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to such services,
d. to a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information, or
e. to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the Victims of Child Abuse Act of 1990;
3. To apply to or expand upon the obligations and duties of any telephone company to protect telephone records beyond those otherwise established by federal and state law or as set forth in Section 4 of this act; or
4. To create a cause of action against a telephone company, its agents and/or representatives, who reasonably and in good faith act pursuant to this act, notwithstanding any later determination that such action was not in fact authorized.
LA 07-21, eff. February 22, 2021.
§ 1751. Railroads, injuries to
Any person who maliciously, wantonly or negligently either:
1. Removes, displaces, injures or destroys any part of any railroad, or railroad equipment, whether for steam or horse cars, or any track of any railroad, or of any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with any railroad; or
2. Places any obstruction upon the rails or tracks of any railroad, or any branch, branchway, or turnout connected with any railroad, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding four (4) years or in a county jail not less than six (6) months.
LA 07-21, eff. February 22, 2021.
§ 1752. Death from displacing of railroad equipment
Whenever any offense specified in Section 1751 of this title results in the death of any human being, the offender shall be guilty of a felony punishable by imprisonment for a term not to exceed three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 07-21, eff. February 22, 2021.
§ 1752.1. Trespass upon or interference with railroad property
A. Any person shall be guilty of a misdemeanor if the person:
1. Without consent of the owner or the owner’s agent, enters or remains on railroad property, knowing that it is railroad property;
2. Throws an object at a train, or rail-mounted work equipment; or
3. Maliciously or wantonly causes in any manner the derailment of a train, railroad car or rail-mounted work equipment.
B. Any person shall be guilty of a felony if the person commits an offense specified in subsection A of this section which results in a demonstrable monetary loss, damage or destruction of railroad property when said loss is valued at more than One Thousand Five Hundred Dollars ($1,500.00) or results in bodily injury to a person. Any person shall be guilty of a felony if the person discharges a firearm or weapon at a train, or rail-mounted work equipment.
C. Any person violating the misdemeanor provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment for a term not exceeding one (1) year or by a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment. Any person violating the felony provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for a term not exceeding three (3) years. If personal injury results, such person shall be punished by some term of imprisonment.
D. Subsection A of this section shall not be construed to interfere with the lawful use of a public or private crossing.
E. Nothing in this section shall be construed as limiting a representative of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the Railway Labor Act, 45 U.S.C., Section 151 et seq.
F. As used in this section “railroad property” includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad.
LA 07-21, eff. February 22, 2021.
§ 1753. Highways, injuries to
Every person who maliciously digs up, removes, displaces, breaks, or otherwise injures or destroys any public highway or bridge, or any private way laid out by authority of law, or bridge upon such way, shall be guilty of a felony.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1753.3. Throwing, dropping, depositing, or otherwise placing litter upon highways, roads, or public property-Penalties
A. The operator of a vehicle, unless any other person in the vehicle admits to or is identified as having committed the act, shall be liable pursuant to subsection (B) of this section for any act of throwing, dropping, depositing, or otherwise placing any litter from a vehicle upon highways, roads, or public property
B. Any person convicted of violating the provisions of subsection A of this section shall be subject to a Cherokee Nation traffic offense punishable by a fine of not more than One Thousand Dollars ($1,000.00) and upon conviction shall be sentenced to perform not less than five (5) nor more than twenty (20) hours of community service in a litter abatement work program as approved by the court, or the violator may be subject to criminal prosecution as provided by the provisions of Section 1761.1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1761.1&originatingDoc=ND20B5360C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
C. Any person convicted of violating the provisions of subsection A of this section with any flaming or glowing substances except those which by law may be placed upon highway rights-of-way, or any substance which may cause a fire shall be subject to a state traffic offense punishable by a fine of not more than Two Thousand Dollars ($2,000.00) and, upon conviction, shall be sentenced to perform not less than ten (10) nor more than forty (40) hours of community service in a litter abatement work program as approved by the court, or the violator may be subject to criminal prosecution as provided by the provisions of Section 1761.1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1761.1&originatingDoc=ND20B5360C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title.
D. During a declared burn ban by the Governor, any person convicted of violating the provisions of subsection A of this section with any flaming or glowing substances except those which by law may be placed upon highway rights-of-way, or any substance which may cause a fire shall be subject to a state traffic offense punishable by a fine of not more than Four Thousand Dollars ($4,000.00) and, upon conviction, shall be sentenced to perform not less than twenty (20) nor more than eighty (80) hours of community service in a litter abatement work program as approved by the court, or the violator may be subject to criminal prosecution as provided by the provisions of Section 1761.1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1761.1&originatingDoc=ND20B5360C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title. The penalties collected from the payment of the citations shall, after deduction of court costs, be paid to the fire department of the district in which the flaming or glowing substance was discarded.
E. As used in this section, "litter" means any flaming or glowing substances except those which by law may be placed upon highway rights-of-way, any substance which may cause a fire, any bottles, cans, trash, garbage, or debris of any kind. As used in this section, "litter" shall not include trash, garbage, or debris placed beside a public road for collection by a garbage or collection agency, or deposited upon or within public property designated by the state or by any of its agencies or political subdivisions as an appropriate place for such deposits if the person making the deposit is authorized to use the property for such purpose.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1753.4. Erection of signs and markers along state and federal highways
The State Highway Department is hereby authorized and directed to cause to be erected upon the property of or rights-of-way of state and federal highways, at locations most appropriate for carrying out the purposes and intent of this act, signs or markers for each prohibited act enumerated herein, of a size not less than thirty (30) inches square with plainly visible wording to inform users of said highways that the acts enumerated herein do constitute a crime and the maximum penalty for violations, and such additional wording as the State Highway Department deems desirable to assist in carrying out the purposes and intent of this act. Any sign or marker so erected or placed shall be placed at a right angle to the roadbed. The location of signs or markers upon the right-of-way shall in no manner interfere with the signs or markers used to designate route numbers or traffic control markers, signs, signals or devices.
LA 10-90, eff. November 13, 1990.
§ 1753.5. Erection of signs and markers along county roads
The boards of county commissioners are hereby authorized to erect signs or markers, as provided herein, upon the property of or right-of-way of county roads within their respective jurisdictions.
LA 10-90, eff. November 13, 1990.
§ 1753.6. Enforcement
The State Highway Patrol, the sheriffs of the several counties, and all other peace officers in this Nation shall have the authority and it shall be their duty to enforce the provisions of 21 CNCA § 1753.3.
LA 10-90, eff. November 13, 1990.
§ 1753.7. Exceptions
The provisions of this act shall not apply to:
1. Flaming or glowing substances which by law may be placed upon highway rights-of-way for the purposes of highway safety; or
2. Trash, garbage or debris placed beside a public road for collection by an established garbage or collection agency.
LA 10-90, eff. November 13, 1990.
§ 1753.8. Defacing, stealing or possessing road signs or markers-Violation resulting in personal injury or death-Penalties
A. Any person who defaces, steals or possesses any road sign or marker posted by any city, state, or county, or Cherokee Nation shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00), or restitution which shall be paid to the Nation, or by not more than twenty (20) days of community service, or by imprisonment for a term of not more than thirty (30) days, or by both such fine, and imprisonment, community service, or restitution, as the Court may order.
B. If a violation of subsection A of this section results in personal injury to or death of any person, the person committing the violation shall, upon conviction, be guilty of a felony, punishable by imprisonment for not more than two (2) years, or by a fine of not more than One Thousand Dollars ($1,000.00). In addition, the person may be ordered to pay restitution, which shall be paid to the Nation, or to perform not less than forty (40) days of community service, or to such combination of fine, imprisonment, community service, and/or restitution, as the Court may order.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1754. Obstructing highways-Punishment-Damages
Every person who shall knowingly and willfully obstruct or plow up, or cause to be obstructed or plowed up, any public highway or public street of any town, except by order of the road supervisors for the purpose of working the same, or injure any bridge on the public highway, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding One hundred Dollars ($100.00), and shall be liable for all damages to person or property by reason of the same.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1757. Reserved
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1758. Irrigation ditches, canals, water lines or conduits-Interference with
It shall be unlawful for any person to divert any of the waters from any irrigation ditch, canal, waterline or conduit, in this Nation, or to interfere in any manner whatever with any irrigation ditch, canal, water line or conduit, without first having obtained the permission of the owner of such ditch, canal, waterline or conduit, or of the person or persons lawfully in charge thereof.
LA 10-90, eff. November 13, 1990.
§ 1759. Penalty
Any person violating any of the provisions of 21 CNCA § 1758 shall be deemed guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1760. Malicious injury or destruction of property generally-Punishment-Damages
A. Every person who maliciously injures, defaces or destroys any real or personal property not his or her own, in cases other than such as are specified in 21 CNCA § 1761 and following sections, is guilty of :
1. A misdemeanor, if the damage, defacement or destruction causes a loss which has an aggregate value of less than One Thousand Dollars ($1,000.00);
2. A felony, if the damage, defacement or destruction causes a loss which has an aggregate value of One Thousand Dollars ($1,000.00) or more; or
3. A felony, if the defendant has two or more prior convictions for an offense under this section, notwithstanding the value of loss caused by the damage, defacement or destruction.
B. In addition to any other punishment prescribed by law for violations of subsection (A) of this section, he or she is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property or public officer having charge thereof.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1761. Following sections do not restrict 21 CNCA § 1760
The specification of the acts enumerated in the following sections of this chapter is not intended to restrict or qualify the interpretation of 21 CNCA § 1760.
LA 10-90, eff. November 13, 1990.
§ 1761.1. Dumping, etc. of trash on public or private property prohibited-Penalties
A. Any person who deliberately places, throws, drops,dumps, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance on any public property or on any private property of another without consent of the property owner or on his or her own private property in violation of any county or state zoning or public health regulations shall, upon conviction, be deemed guilty of a misdemeanor.
B. Any person convicted of violating the provisions of subsection (A) of this section shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
C. Any person convicted of violating the provisions of subsection A of this section with any flaming or glowing substance, or any substance which may cause a fire shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment.
D. During a burn ban, any person convicted of violating the provisions of subsection A of this section with any flaming or glowing substances, or any substance which may cause a fire shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one hundred twenty (120) days, or by both such fine and imprisonment.
E. Any person convicted of violating the provisions of subsection A of this section with any item of furniture, or item that exceeds fifty (50) pounds, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($6,500.00) or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment.
F In addition to the penalty prescribed by subsection (B) of this section, the Court shall direct the person to make restitution to the property owner affected; to remove and properly dispose of the garbage, trash, waste, refuse or debris from the property; to pick up, remove and properly dispose of garbage, trash, waste, rubbish, refuse, debris and other nonhazardous deleterious substances from public property; or perform community service or any combination of the foregoing which the Court, in its discretion, deems appropriate. The dates, times and locations of such activities shall be scheduled by the marshal pursuant to the order of the Court in such a manner as not to interfere with the employment or family responsibilities of the person.
G. In addition to the penalty prescribed in subsection (B) and the restitution prescribed in subsection (C), the Court may order the defendant to pay into the reward fund as prescribed in 22 CNCA § 1334 an amount not to exceed One Thousand Dollars ($1,000.00).
H. The discovery of two or more items which have been dropped, dumped, deposited, discarded, placed, or thrown at one location which a common address in a form which tends to identify the latest owner of the items shall create a rebuttable presumption that any competent persons residing at such address committed the unlawful act. The discovery or use of such evidence shall not be sufficient to qualify for the reward provided in 22 CNCA § 1334.
I. Any person may report a violation of this section, if committed in his or her presence, to an officer of the State Highway Patrol, a county sheriff or deputy, a municipal law enforcement officer or any other peace officer in this state. The peace officer shall then conduct an investigation into the allegations, if warranted. If a violation of this section has in fact been committed, and the peace officer has reasonable cause to believe a particular person or persons have committed the violation, a report shall be filed with the district attorney for prosecution.
J. Notwithstanding the provisions of subsection (I) of this section any peace officer of this Nation or of any cross-deputized peace officer may issue a traffic citation to any person committing a violation of subsection A of this section. Such traffic citation shall be in an amount of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
K. The amount of bail for littering offenses specified in Section 1753.3 of this title and for trash dumping offenses specified in this section shall be in the amount of fine specified in each statute plus costs.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1761.2. Illegal dumping on tribal land prohibited-Penalties
A. It shall be a crime for any person to dump, deposit, throw or in any manner leave or abandon any liquid or solid waste, including trash, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semi-solid or semi-solid commercial and industrial waste, hazardous waste, explosives, pathological waste, chemical waste, herbicides, pesticides, or any scrap materials on property owned by or held in trust for Cherokee Nation without the written permission of Cherokee Nation.
B. Any party in violation of this statute shall be subject to any provision for fines and/or other punishment as provided by Cherokee Nation, state or federal law.
LA 26-87, eff. November 14, 1987. Amended LA 10-90, eff. November 13, 1990.
§ 1762. Mining claims-Unlawful to tear down legal notice or deface any record
Any person who shall willfully or maliciously tear down or deface any legal notice posted on any mining claim, or take up or destroy any stakes or monument used for marking such mining claims, or who shall willfully or maliciously throw or place any dirt, water, brush, stones or other foreign substance into any mining shaft or tunnel belonging to or claimed by another, or who shall willfully or maliciously alter, erase, deface or destroy any record kept by any legally-elected mining recorder shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by imprisonment for not less than ten (10) days nor more than six (6) months or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1765. House of worship or contents, injuring
Any person who willfully breaks, defaces, or otherwise injures any house of worship , or any part thereof, or any appurtenance thereto, or any book, furniture, ornament, musical instrument, article of silver or plated ware, or other chattel kept therein for use in connection with religious worship, shall be guilty of a felony.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1767.1. Use or threat to use explosive, incendiary device, or stimulated bomb to damage or injure persons or property
A. Any person who shall willfully or maliciously commit any of the following acts shall be deemed guilty of a felony:
1. Place in, upon, under, against, or near to any building, car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure, any explosive or incendiary device, with unlawful intent to destroy, throw down, or injure, in whole or in part, such property , or conspire, aid, counsel or procure the destruction of any building , public or private, or any car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotiveor structure; or
2. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure, any explosive or incendiary device with intent to destroy, throw down, or injure tin whole or in part , under circumstances that, if such intent were accomplished, human life or safety would be endangered thereby; or
3. By the explosion of any explosive or the igniting of any incendiary device destroy, throw down, or injure any property of another person, or cause injury to anotherperson; or
4.Manufacture, sell, transport, or possess any explosive the component parts of an explosive, an incendiary device, or simulated bomb with knowledge or intent that it or they will be used to unlawfully kill, injure or intimidate any person, or unlawfully damage any real or personal property,; or
5. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other vehicle, vessel, railroad, railway care, or locomotive or structure, any foul, poisonous, offensive or injurious substance or compound, explosive, incendiary device, or simulated bomb with intent to wrongfully injure, molest or coerce another person or to injure or damage the property of another
6. Inquire, damage or attempt to damage by an explosive, or incendiary device any person, persons, or property, whether real or personalme; or
7. Make any threat or convey information known to be false, concerning an attempt or alleged attempt to kill, injure or intimidate any person or unlawfully damage any real or personal property by means of an explosive, incendiary device, or simulated bomb; or
8. Manufacture, sell, deliver, mail or send an explosive, incendiary device, or simulated bomb to another person; or
9. While committing or attempting to commit any felony, possess, display, or threaten to use any explosive, incendiary device, or simulated bomb.
B. Nothing contained herein shall be construed to apply to, or repeal any laws pertaining to, the acts of mischief of juveniles involving no injurious firecrackers or devices commonly called "stink bombs."
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1767.2. Violations of preceding section
Any person violating any of the provisions of Section 1767.1 <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1767.1&originatingDoc=ND502E880C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)> of this title shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the State Penitentiary for not less than three (3) years nor more than ten (10) years, or by a fine not to exceed Ten Thousand Dollars ($10,000.00) or by both. If personal injury results, such person shall be punished by imprisonment in the State Penitentiary for not less than seven (7) years or life imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1767.3. Definitions
As used in 21 CNCA § 1767.1:
1. "Component parts" means separate parts which if assembled would form an explosive device. Component parts of an "incendiary device" shall consist of an inflammable material, a breakable container and a source of ignition.
2."Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, and includes any trustee, receiver, assignee or personal representative thereof.
3. "Explosive" or "explosives" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosionor which, although not its primary or common purpose, has been modified, manipulated, altered, or enhanced, or otherwise caused to function by explosion (that is, with substantial instantaneous release of gas, heat,debris, or concussive pressure or force, or any combination of such actions), unless such compound, mixture or device is otherwise specifically classified by the United States Department of Transportation. The term “explosive” or "explosives" shall include but not limited to gunpowder, dynamite, any bomb, and all material which is classified as explosives by the United States Department of Transportation.
"Incendiary device" means any chemical compound, mixture or device, the primary purpose of which is to ignite on impact or as a result of chemical reaction such as a "Molotov cocktail" or "firebomb" which is ignited on impact, causing a mechanical reaction of the container's breaking and permitting the inflammable matter to spread or splatter and is ignited from the burning wick or hypergolic reaction of chemicals;
4. “Component parts” means separate parts which if assembled would form an explosive device. Component parts of an “incendiary device” shall consist of an inflammable material, a breakable container and a source of ignition; and
5. “Simulated bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, an incendiary device, explosive, or explosives, as defined in this section, but is, in fact, an inoperative facsimile or imitation of such a device or explosive.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1767.4. Tracing of telephone calls-Immunity
Any telephone company, its officers, agents or employees, when acting upon any request by the state or any governing body of a political subdivision thereof, which shall expressly include school districts, shall make reasonable effort to identify the telephone from which any telephone communication claimed to be prohibited by this act is being or has been made. If identification of such telephone is made, the telephone company, its officers, agents or employees shall provide to state law enforcement officials the location of such telephone. Any telephone company, its officers, agents or employees, in acting pursuant to this section of this act, shall be immune from any civil or criminal action or liability under this or any other state or local act, rule, regulation or ordinance.
LA 10-90, eff. November 13, 1990.
§ 1767.5. Possession, manufacture, storage, or use of explosive without permit
A. Any person who shall possess, manufacture, store, or use any explosive, as defined in Section 121.1 of Title 63 of the Oklahoma Statutes <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT63S121.1&originatingDoc=ND602F360C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, without having in the possession of the person a permit, or a copy thereof, issued pursuant to the Oklahoma Explosives and Blasting Regulation Act, shall be deemed guilty of a misdemeanor.
B. This section shall not be construed to:
1. Apply to any person or activity expressly exempted from the Oklahoma Explosives and Blasting Regulation Act;
2. Apply to, or repeal any laws pertaining to, the acts of mischief of juveniles involving noninjurious firecrackers or devices commonly called “stink bombs”;
3. Apply to explosives while in transit in, into, or through this state, if the operator of the vehicle transporting the explosives carries in the vehicle the shipping papers required by 49 C.F.R., Section 172.200 et seq. <http://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000547&cite=49CFRS172.200&originatingDoc=ND602F360C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Default)>, and displays such papers to any law enforcement officer upon request;
4. Apply to any person who may possess, store or use gunpowder in a quantity reasonably calculated to be necessary for hunting or shooting purposes; or
5. Apply to any certified bomb technician employed by a federally accredited bomb squad of an agency of the federal government, this state, or any political subdivision of this state.
LA 07-21, eff. February 22, 2021.
§ 1768. Malicious injury to freehold-Carrying away earth, soil or stone
Every person who willfully commits any trespass by either:
1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or, driving or riding through, into, or across any cultivated hedge or tree row, or any grove of ornamental trees or orchard of fruit trees growing upon the land of another, or in any other manner injuring the same; or
2. Carrying away any kind of wood or timber that has been cut down, and is lying on such lands; or
3. Maliciously severing from the freehold any produce thereof, or anything attached thereto; or
4. Digging, taking, or carrying away from any lot situated within the bounds of any incorporated city, without the license of the owner, or legal occupant thereof, any earth, soil or stone, being a part of the freehold, or severed therefrom at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property; or
5. Digging, taking, or carrying away from any land in any incorporated city or town of this state, laid down on the map or plan of said city or town as a street or avenue, or otherwise established or recognized as a street or avenue, without the license of the mayor and common council or other governing body of such city or town, or owner of the fee thereof, any earth, soil or stone under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property;
is guilty of amisdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1770. Standing crops, injuring
Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits, or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this chapter or by some other statute, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1771. Injuring fruit, melons or flowers in the day time
Every person who maliciously or mischievously enters in the day time, the enclosure, or goes upon the premises of another, with the intent to knock off, pick, destroy, or carry away, or having lawfully entered or gone upon does afterward wrongfully knock off, pick, destroy, or carry away any apples, peaches, pears, plums, grapes, or other fruit, melons, or flowers of any tree, shrub, bush, or vine, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) and not less than Five Dollars ($5.00), or by imprisonment for a term not exceeding thirty (30) days.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1772. Injuring fruit, melons or flowers in the night time
Every person who shall maliciously or mischievously enter the enclosure, or go upon the premises of another in the night time, and knock off, pick, destroy, or carry away, any apples, peaches, pears, plums, grapes, or other fruit, melons, or flowers of any tree, shrub, bush, or vine, or having entered the enclosure or gone upon the premises of another, in the night time, with the intent to knock off, pick, destroy, or carry away any fruit or flowers, as aforesaid, be actually found thereon, shall, on conviction thereof, be punished by fine not exceeding One Hundred Dollars($100.00) and not less than Ten Dollars ($10.00), or by imprisonment for a term not exceeding thirty (30) days.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1773. Injuring fruit or ornamental trees
Every person who shall maliciously or mischievously, bruise, break or pull up, cut down, carry away, destroy, or in anywise injure any fruit or ornamental tree, shrub, vine or material for hedge, being, growing, or standing on the land of another, shall be punished by fine not exceeding One Hundred ($100.00) and not less than Ten Dollars ($10.00), or by imprisonment for a term not exceeding thirty (30) days.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1774. Removing or altering landmarks
Every person who either:
1. Maliciously removes any monuments of stone, wood, or other material, erected for the purpose of designating any point in the boundary of any lot or tract of land; or
2. Maliciously defaces or alters the marks upon any tree, post or other monument, made for the purpose of designating any point, course, or line in any such boundary; or
3. Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks;
is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1775. Piers or dams, interfering with
Every person who, without authority of law, interferes with any pier, booms or dams, lawfully erected or maintained upon any waters within this Nation, or hoists any gate in or about said dams, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1776. Destroying dam
Every person who maliciously destroys any dam or structure erected to create hydraulic power, or any embankment necessary for the support thereof, or maliciously makes, or causes to be made, any aperture in such dam or embankment, with intent to destroy the same, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1777. Piles, removing or injuring
Every person who maliciously draws up or removes or cuts or otherwise injures any piles fixed in the ground and used for securing any bank or dam of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, dock, quay, jetty or lock, is guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by imposition of a fine in an amount not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1778. Train signal light, removing or masking-False light or signal
Any person who unlawfully masks, alters or removes any light or signal, or willfully exhibits any false light or signal, with intent to bring any locomotive or any railway car or train of cars into danger, is guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1779. Injuring written instruments the false making of which would be forgery
Every person who maliciously mutilates, tears, defaces, obliterates, or destroys any written instrument being the property of another, the false making of which would be forgery, is punishable in the same manner as the forgery of such instrument is made punishable.
LA 10-90, eff. November 13, 1990.
§ 1781. Letters, opening and reading--Publishing letters
Every person who willfully opens or reads, or causes to be read, any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter or by the person to whom it is addressed, and every person who without like authority publishes any letter, knowing it to have been opened in violation of this section or any part thereof, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1782. Messages-Disclosing contents of
Any person who shall disclose the contents of any telegraphic dispatch or telephone message or communication, or any part thereof, addressed to or which he knows to be intended for another person without the permission of such person, except upon the lawful order of a Court, or the Judge thereof, with intent to cause injury, damage or disgrace to such other person, or which does in fact cause injury, damage or disgrace to such other person, shall be guilty of amisdemeanor, and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment for a term not to exceed one (1) year, or by both such imprisonment and fine. Provided, that nothing herein shall apply to public officers in the discharge of their duties.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1783. Secreting telegraphic dispatches
Every person who, having in his possession any telegraphic dispatch addressed to another, maliciously secretes, conceals or suppresses the same, is guilty of a misdemeanor.
LA 07-21, eff. February 22, 2021.
§ 1784. Works of art or ornamental improvements, injuring
Every person who willfully injures, disfigures or destroys, not being the owner thereof, any monument work of art, or useful or ornamental improvement, or any shade tree or ornamental plant, growing therein, whether situated upon private ground, or on any street, sidewalk or public park or place, is guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1785. Works of literature or art in public place, injuring
Every person who maliciously cuts, tears, disfigures, soils, obliterates, breaks or destroys any book, map, chart, picture, engraving, statue, coin, model, apparatus, specimen or other work of literature or art, or object of curiosity deposited in any public library, gallery, museum, collection, fair or exhibition, is guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1786. Injuries to pipes and wires
Any person who willfully breaks, digs up or obstructs any pipes or mains for conducting gas or water, or any works erected for supplying buildings with gas or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down or destroys any electric light wires, poles or appurtenances, or any telephone or telegraph wires, cable or appurtenances, is guilty of a felony punishable by imprisonment for a term not exceeding three (3) years, or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1787. Automobile or motor vehicle, loitering in, injuring or molesting
From and after the passage of this act, it shall be unlawful for any person or persons to loiter in or upon any automobile or motor vehicle, or to deface or injure such automobile or motor vehicle, or to molest, drive, or attempt to drive any automobile, for joyriding or any other purpose, or to manipulate or meddle with any machinery or appliances thereof without the consent of the owner of such automobile or motor vehicle.
LA 10-90, eff. November 13, 1990.
§ 1788. Penalty
Any person violating Section 1787 of this title, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1789. Caves or caverns, injuring
A. It shall be unlawful for any person to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, deface, mar or harm any natural material found in any cave or cavern located on any public lands or other lands owned by the United States, Cherokee Nation or, on private property without the prior written consent of the owner; to kill, harm or disturb any plant or animal life found in any cave or cavern, and, whether inside or outside a cave, any fish of the genera chologaster, typhlicthys or amblyopsis (commonly known as cavefish, springfish or blindfish), any salamander of the genus typhlotriton (commonly known as the Ozark blind, grotto or spring grotto salamander), or the species eurycea lucifuga (commonly known as cave salamander); provided, nothing in this chapter shall be construed as prohibiting the commercial mining of bat guano or the destruction of any predatory terrestrial mammal or poisonous snake seeking shelter within a cave if such destruction is not otherwise unlawful.
B. Any person who deliberately places, throws, drops, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance in or near any cave, cavern or natural subterranean drainage system shall be subject to the provisions of 21 CNCA § 1751.
LA 10-90, eff. November 13, 1990.
§ 1790.Reserved.
LA 10-90, eff. November 13, 1990. Amended LA 10-13, eff. April 13, 2013, LA 07-21, eff. February 22, 2021.
§ 1791. Damage to fence--Punishment--Exceptions
A. Any person violating who, without good cause, maliciously and knowingly cuts or damages a fence used for the production or containment of cattle, bison, horses, sheep, swine, goats, domestic fowl, exotic livestock, exotic poultry or any provision of this act shall be punished by a fine game animals or domesticated game such that there is a loss or damage to the property is guilty of a misdemeanor. Any person convicted of a second or subsequent offense pursuant to this section shall be guilty of a felony punishable by a fine not exceeding Fifteen Thousand Dollars ($15,000.00)), or by imprisonment for a term not exceeding two (2) years, or by both such fine and imprisonment.
B. The provisions of subsection A of this section shall not apply to any activities:
1. Performed pursuant to the Seismic Exploration Regulation Act;
2. Performed pursuant to Sections 318.2 through 318.9 of Title 52 of the Oklahoma Statutes; or
3. That are subject to the regulation of the Oklahoma Corporation Commission or the Federal Energy Regulatory Commission.
§ 1792. Critical infrastructure facility--Trespass--Damage--Penalties
A. Any person who shall willfully trespass or enter property containing a critical infrastructure facility without permission by the owner of the property or lawful occupant thereof shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not less than One Thousand Dollars ($1,000.00), or by imprisonment for a term of six (6) months, or by both such fine and imprisonment. If it is determined the intent of the trespasser is to willfully damage, destroy, vandalize, deface, tamper with equipment, or impede or inhibit operations of the facility, the person shall, upon conviction, be guilty of a felony punishable by a fine of not less than Ten Thousand Dollars ($10,000.00), or by imprisonment for a term of one (1) year, or by both such fine and imprisonment.
B. Any person who shall willfully damage, destroy, vandalize, deface or tamper with equipment in a critical infrastructure facility shall, upon conviction, be guilty of a felony punishable by a fine of Fifteen Thousand Dollars ($15,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than three (3) years, or by both such fine and imprisonment.
C. If an organization is found to be a conspirator with persons who are found to have committed any of the crimes described in subsection A or B of this section, the conspiring organization shall be punished by a fine that is ten times the amount of said fine authorized by the appropriate provision of this section.
D. As used in this section, “critical infrastructure facility” means:
1. One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:
a. a petroleum or alumina refinery,
b. an electrical power generating facility, substation, switching station, electrical control center or electric power lines and associated equipment infrastructure,
c. a chemical, polymer or rubber manufacturing facility,
d. a water intake structure, water treatment facility, wastewater treatment plant or pump station,
e. a natural gas compressor station,
f. a liquid natural gas terminal or storage facility,
g. a telecommunications central switching office,
h. wireless telecommunications infrastructure, including cell towers, telephone poles and lines, including fiber optic lines,
i. a port, railroad switching yard, railroad tracks, trucking terminal or other freight transportation facility,
j. a gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas or natural gas liquids,
k. a transmission facility used by a federally licensed radio or television station,
l. a steelmaking facility that uses an electric arc furnace to make steel,
m. a facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program,
n. a dam that is regulated by the state or federal government,
o. a natural gas distribution utility facility including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, aboveground piping, a regulator station and a natural gas storage facility, or
p. a crude oil or refined products storage and distribution facility including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, below or aboveground pipeline or piping and truck loading or offloading facility; or
2. Any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility or other storage facility that is enclosed by a fence, other physical barrier or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders.
LA 07-21, eff. February 22, 2021
CHAPTER 70
OTHER OFFENSES AGAINST PROPERTY RIGHTS
Section
1834. Chattels encumbered by mortgage, conditional sales contract or security agreement--Removal or destruction
1834.1. Sale of secured personal property--Debtor as trustee of funds received
1835. Trespass on posted property after being forbidden or without permission--Penalties-Exceptions
CHEROKEE NATION TRESPASSING ACT
Section
1835.1. Entry or presence upon premises of place of business of persons convicted of certain crimes
1835.2 Criminal Trespass on tribal property after being forbidden
SERIAL NUMBERS ON FARM MACHINERY
1841. Destruction, removal, altering, covering or defacing
1842. Exception to application of act
1843. Violations-Punishment
REPORTING OF FIRES
1851. False reporting
1852. Posting of act
1853. Penalty
TELEPHONE SOLICITATION
1861. Information to be furnished by solicitor-Calls exempt-Penalties
ELECTRONIC SOLICITATION
1862. Commercial solicitation by facsimile device-Definitions
1863. Commercial solicitation by facsimile device-Penalties
1870. Definitions
1871. Use with intent to avoid payment of service charges
1872. Possession of unlawful telecommunication or cloning devices
1873. Sale of unlawful telecommunication devices or material
1874. Manufacture of unlawful telecommunication devices
BUS PASSENGER SAFETY ACT
1901. Short title
1902. Definitions
1903. Seizure of bus--Assault or battery--Dangerous or deadly weapon--Discharge of a firearm
1904. Unauthorized removal of baggage, cargo or other item
COMPUTER CRIMES ACT
1951. Short title
1952. Definitions
1953. Prohibited acts
1954. Certain acts as prima facie evidence of violation of act
1955. Penalties-Civil actions
1957. Access of computer, computer system or computer network in one jurisdiction from another jurisdiction-Bringing of action
1958. Access to computers, computer systems and computer networks prohibited for certain purposes-Penalty
1959. Subpoenas prior to commencement of proceedings--Noncompliance-Misdemeanor
1992. Short title--Penalties-Definitions
1993. Tampering with or disabling security or surveillance camera or security system
§ 1834. Chattels encumbered by mortgage, conditional sales contract or security agreement--Removal or destruction
Any mortgagor, conditional sales contract vendee, pledgor or debtor under a security agreement of personal property, or his or her legal representative, who, while such mortgage, security agreement or conditional sales contract remains in force and unsatisfied, conceals, sells or in any manner disposes of such property, or any part thereof, or removes such property, or any part thereof, beyond the limits of the county, or materially injures or willfully destroys such property, or any part thereof, without the written consent of the holder of such mortgage or conditional sales contract, secured party or pledgee under a security agreement shall, upon conviction, be guilty of a felony if the value of the property is One Thousand Dollars ($1,000.00) or more and shall be punished by imprisonment in the custody of the Department of Corrections for a period not exceeding three (3) years, or by a fine of not to exceed Five Hundred Dollars ($500.00). If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00). Provided, however, the writing containing the consent of the holder of the mortgage or conditional sales contract, secured party or pledgee under a security agreement, as before specified, shall be the only competent evidence of such consent, unless it appears that such writing has been lost or destroyed.
LA 07-21, eff. February 22, 2021
§ 1834.1. Sale of secured personal property--Debtor as trustee of funds received
Every debtor owning personal property in this Nation in which a creditor has a security interest who, with the consent of the secured party or his assignee, shall sell such collateral, or any part thereof, while the security agreement remains in force and unsatisfied, shall be deemed and conclusively held to be the trustee of the funds received upon the sale thereof, for the benefit of such secured party, or assignee, to the extent of the indebtedness secured thereby or any balance due thereof.
LA 07-21, eff. February 22, 2021
§ 1835. Trespass on posted property after being forbidden or without permission-Penalties-Exceptions
A. Whoever shall willfully or maliciously enter the garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant thereof when such property is posted shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; and, provided further, that anyone who willfully or maliciously enters any such garden, yard, pasture or field, and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for a term not to exceed six (6) months, or both such fine and imprisonment. For purposes of this section, "posted" means exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED-KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected.
B. Whoever shall willfully enter the pecan grove of another without the prior consent of the owner or occupant thereof to so do shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Twenty-five Dollars ($25.00); provided, that anyone who willfully enters any such pecan grove and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Five Hundred Dollars ($500.00), or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
C. Whoever shall willfully or maliciously enter upon property owned or managed by the Grand River Dam Authority without permission when such property is posted shall be deemed guilty of misdemeanor trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; and, provided further, that anyone who willfully or maliciously enters upon property owned or managed by the Grand River Dam Authority without permission and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of misdemeanor trespass, and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment. For purposes of this section, “posted” means exhibiting signs to read as follows: “PROPERTY RESTRICTED”; “POSTED -- KEEP OUT”; “KEEP OUT”; “NO TRESPASSING”; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1835.1. Entry or presence upon premises of place of business of persons convicted of certain crimes
A. Every person, partnership, corporation or other legal entity engaged in any public business, trade, or profession of any kind wherein merchandise, goods or services are offered for sale may forbid the entry or presence of any person upon the premises of the place of business, if the person has been convicted of a crime involving entry onto or criminal acts occurring upon any real property owned, leased, or under the control of such person, partnership, corporation or other legal entity. Such crimes shall include, but are not limited to, shoplifting, vandalism, and disturbing the peace while upon the premises of any place of business of the person, partnership, corporation, or other legal entity.
B. In order to exercise the authority conferred by subsection (A) of this section, the owner or an agent of the owner of a public business, trade, or profession must notify the person whom the owner or agent desires to prohibit from such owner's place of business.
C. No person shall willfully enter or remain upon the premises after being expressly forbidden to do so in the manner provided for in this section. Any person convicted of violating the provisions of this section, upon conviction, shall be guilty of trespass and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for a term of not more than thirty (30) days, or by both such fine and imprisonment.
D. The provisions of this section shall not preclude any other remedy allowed by law.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021, LA 33-22, eff. November 18, 2022.
§ 1835.2 Criminal Trespass on tribal property after being forbidden
A. The Cherokee Nation Marshal Service and/or Cherokee Nation Security Services may forbid, ban or exclude the entry or presence of any person upon the premises of any property owned or operated by the Cherokee Nation upon the commission of a crime or a disruption to business operations.
B. No person shall willfully enter or remain upon the premises, including buildings, grounds, parking lots, roads, and walkways of any property owned, administered, or operated by the Cherokee Nation or any of its subsidiaries or component units after having been forbidden, banned or excluded. Properties include but are not limited to, government-owned or leased buildings.
C. In order to exercise the authority conferred by subsection (A) of this section, an agent of the Cherokee Nation must notify the individual that he or she has been forbidden, banned or excluded from tribal property. Such notice shall include the duration of exclusion and shall not deprive an individual from reasonable access to services from the Cherokee Nation.
D. No person shall willfully enter or remain upon the premises after being expressly forbidden to do so in the manner provided for in this section. Any person convicted of violating the provisions of this section, upon conviction, shall be guilty of trespass and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the penal institution for a term of not more than thirty (30) days, or by both such fine and imprisonment.
E. The provisions of this section shall not preclude any other remedy allowed by law.
LA 33-22, eff. November 18, 2022.
§ 1836. Trespass upon grounds of school or childcare facility
A. The chief administrative officer, or their designee, of any school or childcare facility administered or operated by the Cherokee Nation shall have the authority and power to direct any person to leave the school or childcare facility who is not a student, officer or employee thereof, and who:
1. Interferes with the peaceful conduct of activities at an institution of learning;
2. Commits an act which interferes with the peaceful conduct of activities at a school or childcare facility;
3. Enters the school or childcare facility for the purpose of committing an act which may interfere with the peaceful conduct of activities at such place; or
4. Has no legal authority or legitimate purpose for being on school grounds.
B. Any person to whom this section applies, who fails to leave the school or childcare facility as directed or returns within six (6) months thereafter, without first obtaining written permission from the chief administrative officer, or their designee, shall be guilty of a misdemeanor punishable by up to a Five Hundred Dollar ($500.00) fine or thirty (30) days incarceration, or both.
C. "Interferes with the peaceful conduct" includes actions that directly interfere with classes, study, student or faculty safety, child or childcare provider safety, housing or parking areas, or extracurricular activities; threatening or stalking any person; damaging or causing waste to any property belonging to another person or the school or childcare facility; or direct interference with administration, maintenance or security of property belonging to the school or childcare facility.
D. The governing board of each school or childcare facility shall establish a grievance or appeals procedure and an opportunity for hearing for persons who have been required to leave the same pursuant to this section. Any person removed from the school or childcare facility pursuant to this section shall be given written notice of the procedure for requesting a hearing and filing a grievance or appeal.
LA 09-16, eff. April 15, 2016.
SERIAL NUMBERS ON FARM MACHINERY
§ 1841. Destruction, removal, altering, covering or defacing
No person, firm, association or corporation shall destroy, remove, alter, cover or deface the manufacturer's serial number from any tractor, combine, corn picker, corn sheller or hay baler, or any other piece of farm machinery having a retail value of more than Twenty-five Dollars ($25.00) upon which the manufacturer has placed a serial number; nor shall any person, firm, corporation or association, sell, offer for sale, or lease, or otherwise dispose of any such equipment on which the serial numbers have been destroyed, removed, altered, covered or defaced.
LA 10-90, eff. November 13, 1990.
§ 1842. Exception to application of act
The provisions of 21 CNCA § 1841 shall not apply to any machine or part thereof now owned and used by a bona fide farmer who has had such equipment in his possession prior to the effective date of this act.
LA 10-90, eff. November 13, 1990.
§ 1843. Violations-Punishment
Any person violating the provisions of 21 CNCA § 1841, shall, upon conviction thereof, be fined not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not less than thirty (30) days nor more than one (1) year, or both, for each offense.
LA 10-90, eff. November 13, 1990.
REPORTING OF FIRES
§ 1851. False reporting
It shall be unlawful for any person to report, or cause to be reported, directly or indirectly, the existence of a fire to a fire department, fire station or other agency charged with the responsibility of extinguishing fires, unless such person knows or reasonably believes that such fire is in existence.
LA 10-90, eff. November 13, 1990.
§ 1852. Posting of act
The fire chief or principal officer of every fire department shall post, or cause to be posted, a copy of this act at every fire alarm box or place specially designed for the reporting of fires in his jurisdiction.
LA 10-90, eff. November 13, 1990.
§ 1853. Penalty
Any person violating any of the provisions of this section or 21 CNCA § 1851 or 1852 shall be guilty of a misdemeanor.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
TELEPHONE SOLICITATION
§ 1861. Information to be furnished by solicitor-Calls exempt-Penalties
A. The name and organizational or business affiliation of every person who by telephone engages in the solicitation or sale of any item, tangible or intangible, shall, by such person, be given to the person answering such telephone call. Such information shall be given immediately and prior to any solicitation or sales presentation. The telephone number of the person placing the call must be given upon request of the party being called. The person in whose name the telephone is registered is responsible for his agents and employees conforming with the provisions of this section and 21 CNCA § 1862. This section and 21 CNCA § 1862 do not apply to calls between persons known to each other and to religious groups, or nonprofit organizations within their own membership, and political activities.
B. No person may solicit contributions by telephone for a charitable non-profit organization unless that organization has complied with the provisions of the Oklahoma Solicitation of Charitable Contributions Act, 18 O.S. § 552.1 et seq. Such person may charge a reasonable fee for his services, which shall not exceed ten percent (10%) of the net receipts of the solicitation; provided, however, that in the event the fee charged is based upon a predetermined flat fee, then this provision shall not apply. Provided, further, that all sums shall be paid directly to the nonprofit organization.
C. Violation of this act by a person, business or organization shall constitute a misdemeanor. A third and subsequent conviction under this act shall constitute a felony.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
ELECTRONIC SOLICITATION
§ 1862. Commercial solicitation by facsimile device-Definitions
As used in this section and 21 CNCA § 1863:
1. "Commercial solicitation" means an unsolicited electronic or telephonic transmission to a facsimile device to encourage the purchase of goods, realty, services or to advertise availability of such goods, realty or services. Commercial solicitation shall not include an electronic or telephonic transmission to a facsimile device:
a. made in the course of prior negotiations;
b. made to a party with whom there was a prior business relationship or an existing relationship;
c. made in the course of a follow up to a sales call, sales lead or other business-related contact; or
d. made after normal business hours and two pages or less in length.
2. "Facsimile device" means a machine capable of receiving and reproducing facsimiles of text or images transmitted electronically or telephonically through telecommunication lines connecting to the machine.
LA 10-90, eff. November 13, 1990.
§ 1863. Commercial solicitation by facsimile device-Penalties
A. A person shall not intentionally make an electronic or telephonic transmission to a facsimile device located in this nation by means of any connection with a telephone network for the purpose of transmitting a commercial solicitation, as defined by 21 CNCA § 1862. Each commercial solicitation prohibited by this act shall be a separate violation.
B. Any person violating the provisions of this act shall upon conviction be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00) for each separate violation.
C. A person violating the provisions of this act shall be deemed to have committed the violation either at the place where the electronic or telephonic transmission is made or at the place where the transmission is received.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1870. Definitions
As used in this act:
1. “Access device” means any telecommunication device including the telephone calling card number, electronic serial number, account number, mobile identification number, or personal identification number that can be used to obtain telephone services;
2. “Clone cellular telephone” or “counterfeit cellular telephone” means a cellular telephone whose electronic serial number has been altered from the electronic serial number that was programmed in the telephone by the manufacturer by someone other than the manufacturer;
3. “Cloning paraphernalia” means materials that, when possessed in combination, could be used to create a cloned cellular telephone. These materials include scanners to intercept the electronic serial number and mobile identification number, cellular telephones, cables, EPROM chips, EPROM burners, software for programming the cloned telephone with a false electronic serial number and mobile identification number combination, a computer containing such software, and lists of electronic serial number and mobile identification number combinations;
4. “Electronic serial number” means the unique number that:
a. was programmed into a cellular telephone by its manufacturer,
b. is transmitted by the cellular telephone, and
c. is used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device;
5. “EPROM” or “Erasable programmable read-only memory” means an integrated circuit memory that can be programmed from an external source and erased, for reprogramming, by exposure to ultraviolet light;
6. “Intercept” means to electronically capture, record, reveal, or otherwise access the signals emitted or received during the operation of a cellular telephone without the consent of the sender or receiver, by means of any instrument, device or equipment;
7. “Manufacture of an unlawful telecommunication device” means to produce or assemble an unlawful telecommunication device, or to modify, alter, program, or reprogram a telecommunication device to be capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider;
8. “Mobile identification number” means the cellular telephone number assigned to the cellular telephone by the cellular telephone carrier;
9. “Possess” means to have a physical possession or otherwise to exercise control over tangible property;
10. “Sell” means to offer to, agree to offer to, or to sell, exchange, give, or dispose of an unlawful telecommunications device to another;
11. “Telecommunication device” means:
a. any type of instrument, device, machine, or equipment which is capable of transmitting or receiving telephonic, electronic, or radio communications, or
b. any part of an instrument, device, machine, equipment, or other computer circuit, computer chip, electronic mechanism, or other component, which is capable of facilitating the transmission or reception of telephonic or electronic communications within the radio spectrum allocated to cellular radio telephone;
12. “Telecommunication service” means any service provided for a charge or compensation to facilitate the origination, transmission, emission, or receipt of signs, signals, writings, images, and sounds or intelligence of any nature by telephone, including cellular telephones, wire, radio, television option or other electromagnetic system;
13. “Telecommunication service provider” means any person or entity providing telecommunication service including a cellular telephone or paging company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching officer, or other equipment or telecommunication service; and
14. “Unlawful telecommunication device” means any telecommunication device that is capable of, or has been altered, modified, programmed, or reprogrammed, along or in conjunction with another access device, so as to be capable of acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service provider. Unlawful devices include tumbler phones, counterfeit phones, tumbler microchips, counterfeit microchips, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider.
LA 07-21, eff. February 22, 2021.
§ 1871. Use with intent to avoid payment of service charges
A. Any person who uses a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication service and the value of the telecommunication service is not more than One Thousand Dollars ($1,000.00) or such value cannot be ascertained shall, upon conviction, be guilty of a misdemeanor.
B. Any person who uses a telecommunication device with the intent to avoid the payment of any lawful charge for telecommunication service or with the knowledge that it was to avoid the payment of any lawful charge for telecommunication service and the value of the telecommunication service exceeds One Thousand Dollars ($1,000.00) shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years.
C. If the cloned cellular telephone used in violation of this section was used to facilitate the commission of a felony the person, upon conviction, shall be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years.
D. Any person who has been convicted previously of an offense under this section shall be guilty of a felony upon a second and any subsequent conviction punishable by imprisonment for a term not to exceed three (3) years.
LA 07-21, eff. February 22, 2021.
§ 1872. Possession of unlawful telecommunication or cloning devices
A. Any person who knowingly possesses an unlawful telecommunication device shall, upon conviction, be guilty of a misdemeanor.
B. Any person who knowingly possesses five or more unlawful telecommunication devices at the same time shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years.
C. Any person who:
1. Knowingly possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or
2. Knowingly possesses cloning paraphernalia under circumstances evidencing an intent to clone,
shall, upon conviction, be guilty of a schedule F felony, if the offense occurs on or after the effective date of Section 20.1 of this title. If the offense occurs before the effective date of Section 20.1 of this title, the crime shall be punishable by incarceration in the custody of the Department of Corrections for a term not to exceed two (2) years.
LA 07-21, eff. February 22, 2021.
§ 1873. Sale of unlawful telecommunication devices or material
A. Any person who intentionally sells an unlawful telecommunication device or material, including hardware, data, computer software, or other information or equipment, knowing that the purchaser or a third person intends to use such material in the manufacture of an unlawful telecommunication device shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years.
B. If the offense under this section involves the intentional sale of five or more unlawful telecommunication devices within a six-month period, the person committing the offense, upon conviction, shall be guilty of a felony punishable by incarceration in the custody of the Department of Corrections for a term not to exceed three (3) years.
LA 07-21, eff. February 22, 2021.
§ 1874. Manufacture of unlawful telecommunication devices
A. Any person who intentionally manufacturers an unlawful telecommunication device shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed two (2) years.
B. If the offense under this section involves the intentional manufacture of five or more unlawful telecommunication devices within a six-month period, the person committing the offense shall, upon conviction, be guilty of a felony punishable by imprisonment for a term not to exceed five (5) years.
LA 07-21, eff. February 22, 2021.
BUS PASSENGER SAFETY ACT
§ 1901. Short title
This act may be cited as the “Bus Passenger Safety Act”.
LA 07-21, eff. February 22, 2021.
§ 1902. Definitions
As used in the Bus Passenger Safety Act:
1. “Bus” means a vehicle designed to carry passengers that is part of a network of passenger vehicles for use by the public, running on a regular schedule of routes, times and fares;
2. “Bus transportation company” or “company” means any person or governmental entity providing for-hire transport to passengers or cargo by bus upon the roads, streets, highways and turnpikes of this state;
3. “Deadly or dangerous weapon” includes all weapons listed in Section 1287 <https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT21S1287&originatingDoc=NDF25F870C76A11DB8F04FB3E68C8F4C5&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.Document)> of this title, and any other weapon capable of inflicting serious bodily injury, except for a weapon carried for lawful self-defense in compliance under the Cherokee Nation Self Defense Act;
4. “Passenger” means any person served by the bus transportation company; and
5. “Terminal” means a bus station or depot or any facility operated or leased by or operated on behalf of a bus transportation company. This term shall include a reasonable area immediately adjacent to any designated stop along the route traveled by any bus operated by a bus transportation company and parking lots or parking areas adjacent to a terminal.
LA 07-21, eff. February 22, 2021.
§ 1903. Seizure of bus--Assault or battery--Dangerous or deadly weapon--Discharge of a firearm
A. No person shall by force or violence, or threat of force or violence, seize or exercise control of any bus. Any person violating this subsection shall be guilty of a felony and shall, upon conviction, be punished by imprisonment for not more than three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
B. In addition, no person shall intimidate, threaten, assault or batter any driver, attendant, guard or passenger of any bus with intent to violate subsection A of this section. Any person violating this subsection shall be guilty of a felony and shall, upon conviction, be punished by imprisonment for not more than three (3) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
C. In addition, any person violating subsection A or B of this section using a dangerous or deadly weapon shall be guilty of a felony, and shall, upon conviction, be punished by imprisonment for not more than three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
D. It shall be unlawful for any person to discharge any firearm into or within any bus, terminal or other transportation facility, unless such action is determined to have been in defensive force resulting from reasonable fear of imminent peril of death or great bodily harm to himself or herself or another. Such person shall, upon conviction, be guilty of a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than three (3) years, or both.
LA 07-21, eff. February 22, 2021.
§ 1904. Unauthorized removal of baggage, cargo or other item
It shall be unlawful to remove any baggage, cargo or other item transported upon a bus or stored in a terminal without consent of the owner of such property or the company, or its duly authorized representative. Any person violating this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than three (3) years, or by both such fine and imprisonment.
The actual value of an item removed in violation of this section shall not be material to the crime herein defined.
LA 07-21, eff. February 22, 2021.
COMPUTER CRIMES ACT
§ 1951. Short title
This act shall be known and may be cited as the Cherokee Nation Computer Crimes Act.
LA 10-90, eff. November 13, 1990.
§ 1952. Definitions
As used in the Cherokee Nation Computer Crimes Act:
1. "Access" means to approach, gain entry to, instruct, communicate with, store data in, retrieve data from or otherwise use the logical, arithmetical, memory or other resources of a computer, computer system or computer network;
2. "Computer" means an electronic device which performs work using programmed instruction having one or more of the capabilities of storage, logic, arithmetic or communication. The term includes input, output, processing, storage, software and communication facilities which are connected or related to a device in a system or network;
3. "Computer network" means the interconnection of terminals by communication modes with a computer, or a complex consisting of two or more interconnected computers;
4. "Computer program" means a set or series of instructions or statements and related data which when executed in actual or modified form directs or is intended to direct the functioning of a computer system in a manner designed to perform certain operations;
5. "Computer software" means one or more computer programs, procedures and associated documentation used in the operation of a computer system;
6. "Computer system" means a set of related, connected or unconnected, computer equipment, devices including support devices, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control and software. "Computer system" does not include calculators which are not programmable and are not capable of being connected to or used to access other computers, computer networks, computer systems or support devices;
7. "Data" means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device;
8. "Property" means any tangible or intangible item of value and includes, but is not limited to, financial instruments, geophysical data or the interpretation of that data, information, computer software, computer programs, electronically-produced data and computer-produced or stored data, supporting documentation, computer software in either machine or human readable form, electronic impulses, confidential, copyrighted or proprietary information, private identification codes or numbers which permit access to a computer by authorized computer users or generate billings to consumers for purchase of goods and services, including but not limited to credit card transactions and telecommunications services or permit electronic fund transfers and any other tangible or intangible item of value;
9. "Services" includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work;
10. "Supporting documentation" includes, but is not limited to, all documentation in any form used in the construction, design, classification, implementation, use or modification of computer software, computer programs or data; and
11. "Victim expenditure" means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program or data was or was not altered, deleted, disrupted, damaged or destroyed by the access.
LA 10-90, eff. November 13, 1990.
§ 1953. Prohibited acts
A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, computer system, computer network or any other property;
2. Use a computer, computer system, computer network or any other property as hereinbefore defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;
3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;
4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;
5. Willfully and without authorization use or cause to be used computer services;
6. Willfully and without authorization disrupt or cause the disruption of computer services or deny or cause the denial of access or other computer services to an authorized user of a computer, computer system or computer network;
7. Willfully and without authorization provide or assist in providing a means of accessing a computer, computer system or computer network in violation of this section;
8.Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person; and
9. Willfully use a computer, computer system, or computer network to put another person in fear of physical harm or death.
B. Any person convicted of violating paragraphs 1, 2, 3, 6, 7, 8, or 9 of subsection (A) of this section shall be guilty of afelony punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraphs 4, 5, or 8 of subsection (A) of this section shall be guilty of a misdemeanor.
D.Nothing in the Oklahoma Computer Crimes Act shall be construed to prohibit the monitoring of computer usage of, or the denial of computer or Internet access to, a child by a parent, legal guardian, legal custodian, or foster parent. As used in this subsection, “child” shall mean any person less than eighteen (18) years of age.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1954. Certain acts as prima facie evidence of violation of act
Proof that any person has accessed, damaged, disrupted, deleted, modified, altered, destroyed, caused to be accessed, copied, disclosed or taken possession of a computer, computer system, computer network or any other property, or has attempted to perform any of these enumerated acts without authorization or exceeding the limits of authorization, shall be prima facie evidence of the willful violation of the Cherokee Nation Computer Crimes Act.
LA 10-90, eff. November 13, 1990.
§ 1955. Penalties-Civil actions
A. Upon conviction of a felony under the provisions of the Cherokee Nation Computer Crimes Act, punishment shall be by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for a term of not more than three (3) years, or by both such fine and imprisonment.
B. B. Upon conviction of a misdemeanor under the provisions of the Oklahoma Computer Crimes Act, punishment shall be by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for a term not to exceed thirty (30) days, or by both such fine and imprisonment.
C. In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program or data may bring a civil action against any person convicted of a violation of the Cherokee Nation Computer Crimes Act for compensatory damages, including any victim expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program or data was or was not altered, damaged, deleted, disrupted or destroyed by the access. In any action brought pursuant to this subsection the Court may award reasonable attorneys fees to the prevailing party.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1957. Access of computer, computer system or computer network in one jurisdiction from another jurisdiction-Bringing of action
For purposes of bringing a civil or a criminal action under the Cherokee Nation Computer Crimes Act, a person who causes, by any means, the access of a computer, computer system or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system or computer network in each jurisdiction.
LA 10-90, eff. November 13, 1990.
§ 1958. Access to computers, computer systems and computer networks prohibited for certain purposes-Penalty
No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of the Cherokee Nation Code.
Any person convicted of violating the provisions of this section shall be guilty of a felony punishable by imprisonment for a term of not more than three (3) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
LA 10-90, eff. November 13, 1990, LA 07-21, eff. February 22, 2021.
§ 1959. Subpoenas prior to commencement of proceedings--Noncompliance--Misdemeanor
A. When any person has engaged in, is engaged in, or is attempting or conspiring to engage in any conduct constituting a violation of any of the provisions of Section 1953 of Title 21 of the Cherokee Nation Code Annotated, the Cherokee Nation Attorney General may conduct an investigation of the activity. On approval of the district judge, the Attorney General, in accordance with the provisions of Section 258 of Title 22 the Cherokee Nation Code Annotated and pursuant to the provisions of the Cherokee Nation Computer Crimes Act, is authorized before the commencement of any civil or criminal proceeding to subpoena witnesses, compel their attendance, examine them under oath, or require the production of any business papers or records by subpoena duces tecum. Evidence collected pursuant to this section shall not be admissible in any civil proceeding.
B. Any business papers and records subpoenaed by the Attorney General shall be available for examination by the person who produced the material or by any duly authorized representative of the person. Transcripts of oral testimony shall be available for examination by the person who produced such testimony and their counsel.
Except as otherwise provided for in this section, no business papers, records, or transcripts or oral testimony, or copies of it, subpoenaed by the Attorney General shall be available for examination by an individual other than another law enforcement official without the consent of the person who produced the business papers, records or transcript.
C. All persons served with a subpoena by the Attorney General pursuant to the provisions of the Cherokee Nation Computer Crimes Act shall be paid the same fees and mileage as paid witnesses in the courts of this state.
D. No person shall, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the Attorney General pursuant to the provisions of this section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any business papers or records that are the subject of the subpoena duces tecum.
E. Any person violating the provisions of this section shall be guilty, upon conviction, of a misdemeanor.
LA 07-21, eff. February 22, 2021.
TRADEMARK ANTI-COUNTERFEITING ACT
1990. Short title
1990.1. Definitions
1990.2. Use, possession, distribution, manufacture, etc. of item bearing counterfeit mark--Penalties--Seizure and forfeiture--Civil actions--Damages and attorney fees
§ 1990. Short title
This act shall be known and may be cited as the “Trademark Anti-Counterfeiting Act”.
LA 36-21, eff. August 12, 2021.
§ 1990.1. Definitions
For the purposes of this act:
A. “Counterfeit mark” means:
1. any unauthorized reproduction or copy of intellectual property, and
2. intellectual property that is affixed to any item that is knowingly sold, offered for sale, manufactured or distributed or to any identifying services offered or rendered without the authority of the intellectual property owner;
B. “Intellectual property” means any trademark, service mark, trade name, label, term, device, design or word that is adopted or used by a person to identify that person's goods or services; and
C. “Retail value” means:
1. for items that bear a counterfeit mark and that are components of a finished product, the counterfeiter's regular selling price of the finished product on or in which the component would be utilized, or
2. for all other items that bear a counterfeit mark or services that are identified by a counterfeit mark, the counterfeiter's regular selling price for those items or services.
LA 36-21, eff. August 12, 2021.
§ 1990.2. Use, possession, distribution, manufacture, etc. of item bearing counterfeit mark--Penalties--Seizure and forfeiture--Civil actions--Damages and attorney fees
A. Except as provided in subsections B and C of this section, a person who knowingly and with intent to sell or distribute, uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit mark or any service that is identified by a counterfeit mark shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not to exceed one (1) year or by a fine not to exceed One Thousand Dollars ($1,000.00) or by both such fine and imprisonment.
B. Any person who commits any prohibited act proscribed in subsection A of this section shall, upon conviction, be guilty of a felony punishable by a term of imprisonment not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or both such fine and imprisonment, if either:
1. The person has one previous conviction under any provision of this section; or
2. At least one of the following exists:
a. the violation involves more than one hundred but fewer than one thousand items that bear the counterfeit mark, or
b. the total retail value of all of the items or services that bear or are identified by the counterfeit mark is more than One Thousand Dollars ($1,000.00) but less than Ten Thousand Dollars ($10,000.00).
C. Any person who knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark shall, upon conviction, be guilty of a felony punishable by a term of imprisonment not to exceed three (3) years, or by a fine not to exceed three times the retail value of such items or services, or by both such fine and imprisonment. Such fine shall not exceed Fifteen Thousand Dollars ($15,000.00).
D. Any person who commits any prohibited act proscribed by subsection A of this section shall, upon conviction, be guilty of a felony punishable by a term of imprisonment not to exceed three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment if either:
1. The person has two or more previous convictions under this section; or
2. At least one of the following exists:
a. the violation involves at least one thousand items that bear the counterfeit mark, or
b. the total retail value of all of the items or services that bear or are identified by the counterfeit mark is at least Ten Thousand Dollars ($10,000.00).
E. For purposes of this section, any person who knowingly has possession, custody or control of at least twenty-six items that bear a counterfeit mark is presumed to possess the items with intent to sell or distribute the items.
F. In any criminal proceeding in which a person is convicted of a violation of any provision of this section, the court may order the convicted person to pay restitution to the intellectual property owner in addition to any other provision allowed by law.
G. The investigating law enforcement officer may seize any item that bears a counterfeit mark and all other personal property that is employed or used in connection with a violation of this section, including any items, objects, tools, machines, equipment, instrumentalities or vehicles. All personal property seized pursuant to this section shall be subject to forfeiture according to 21 CNCA § 1738.
H. After a forfeiture has been ordered by the district court, a law enforcement officer shall destroy all seized items that bear a counterfeit mark; however, if the counterfeit mark is removed from the seized items, the intellectual property owner may recommend to the court that the seized items be donated to a charitable organization.
I. Any certificate of registration of any intellectual property pursuant to tribal, state, or federal law is prima facie evidence of the facts stated in the certificate of registration and may be used at trial.
J. In addition to other remedies allowed by law, an intellectual property owner who sustains a loss as a result of any violation of this section may file a civil action against the defendant for recovery of up to treble damages and the costs of the suit including reasonable attorney fees.
K. The remedies provided in this section are cumulative to all other civil and criminal remedies provided by law.
L. For the purposes of this section, the quantity or retail value of items or services includes the aggregate quantity or retail value of all items that the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses and that bear a counterfeit mark or that are identified by a counterfeit mark.
LA 36-21, eff. August 12, 2021.
LASER SAFETY ACT
1992. Short title--Penalties-Definitions
1993. Tampering with or disabling security or surveillance camera or security system
2001. Unlawful proceeds-Transaction with counsel-Banking transaction
2002. Seizure and forfeiture procedures-Claims-Liens-Proceeds
§ 1992. Short title--Penalties-Definitions
Penalties
A. This section shall be known and may be cited as the “Laser Safety Act”.
B. Any person who knowingly and maliciously projects a laser, as defined in this section, on or at a law enforcement officer without the consent of the officer while the officer is acting within the scope of the official duties of the officer shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Hundred Dollars ($100.00). Any person who commits a second or subsequent violation of this section shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), a term of imprisonment for a term of not more than six (6) months, or by both such fine and imprisonment.
C. Anyone who knowingly aims the beam of a laser pointer at an aircraft in flight or at the flight path of an aircraft shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Hundred Dollars ($100.00). Any person who commits a second or subsequent violation of this section shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), a term of imprisonment for a term of not more than six (6) months, or by both such fine and imprisonment.
D. This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft by:
1. An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct research and development or flight test operations;
2. Members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing or training; or
3. By an individual using a laser emergency signaling device to send an emergency distress signal.
E. As used in this section:
1. “Laser” or “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark or identify a specific position, place, item or object; and
2. “Law enforcement officer” means any police officer, peace officer, sheriff, deputy sheriff, correctional officer, probation or parole officer, emergency management employee, judge, magistrate, or any employee of a governmental agency who is authorized by law to engage in the investigation, arrest, prosecution, or supervision of the incarceration of any person for any violation of law and has statutory powers of arrest.
LA 07-21, eff. February 22, 2021.
§ 1993. Tampering with or disabling security or surveillance camera or security system
A. It shall be unlawful for any unauthorized person to refocus, reposition, cover, manipulate, disconnect, or otherwise tamper with or disable a security or surveillance camera or security system. Any person violating the provisions of this subsection shall be guilty, upon conviction, of a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00).
B. It shall be unlawful for any person to use, refocus, reposition, cover, manipulate, disconnect, or otherwise tamper with or disable a security or surveillance camera or security system for the purpose of avoiding detection when committing, attempting to commit, or aiding another person to commit or attempt to commit any misdemeanor. Any person violating the provisions of this section shall be guilty, upon conviction, of a misdemeanor punishable by imprisonment for not more than one year, or a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
C. It shall be unlawful for any person to use, refocus, reposition, cover, manipulate, disconnect, or otherwise tamper with or disable a security or surveillance camera or security system for the purpose of avoiding detection when committing, attempting to commit, or aiding another person to commit or attempt to commit any felony. Any person violating the provisions of this section shall be guilty, upon conviction, of a felony, punishable by imprisonment for not more than three (3) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.
LA 07-21, eff. February 22, 2021
2001. Unlawful proceeds-Transaction with counsel-Banking transaction-Penalties
A. It is unlawful for any person knowingly or intentionally to receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving such proceeds, known to be derived from a specified unlawful activity, as defined in subsection F of this section. This subsection does not apply to any transaction between an individual and the counsel of the individual necessary to preserve the right to representation of the individual, as guaranteed by the Constitution of the Cherokee Nation and by the Sixth Amendment of the United States Constitution. However, this exception does not create any presumption against or prohibition of the right of the Nation to seek and obtain forfeiture of any proceeds derived from a violation of the laws of the Cherokee Nation.
B. It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of a specified unlawful activity, as defined in subsection F of this section.
C. It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from a specified unlawful activity, as defined in subsection F of this section.
D. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds derived from a specified unlawful activity, as defined in subsection F of this section, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds known to be derived from a violation of the laws of the Cherokee Nation, or to avoid a transaction reporting requirement under state or federal law.
E. Notwithstanding any other provision of this section, it shall be lawful for an organization engaged in the business of banking to receive deposits and payments, to pay checks and other withdrawals, and to process any other financial transaction for its customers in the ordinary course of business if it has no actual knowledge of any violation of the laws of the Cherokee Nation by that customer. If an organization engaged in the business of banking, acting in good faith and without actual knowledge of any violation of the laws of the Cherokee Nation by its customer, acquires a security interest or statutory lien with respect to a customer's funds, that customer's funds which are subject to the security interest or lien shall not be subject to forfeiture action, to the extent of the amount of that customer's indebtedness to the banking organization.
F. For purposes of this section, "specified unlawful activity" means an act or omission, including any initiatory, preparatory, or completed offense or omission that is punishable as a misdemeanor or felony under the laws of Cherokee Nation, or if the act occurred outside the Cherokee Nation would be punishable as a misdemeanor or felony under the laws of the state in which it occurred and under the laws of the Cherokee Nation.
G. Any person convicted of violating any of the provisions of this section is guilty of:
1. A misdemeanor, if the violation involves Two Thousand Five Hundred Dollars ($2,500.00) or less;
2. A felony, punishable by imprisonment for not more than three (3) years or by imposition of a fine in an amount not to exceed Fifteen Thousand Dollars ($15,000.00).
H. In addition to any criminal penalty, a person who violates any provision of this section shall be subject to a civil penalty of three (3) times the value of the property involved in the transaction.
LA 07-21, eff. February 22, 2021
§ 2002. Seizure and forfeiture procedures-Claims-Liens-Proceeds
A. Any commissioned peace officer of this Nation is authorized to seize any currency, negotiable instrument, monetary instrument, equipment or property used or involved in, used to facilitate, delivered from or traceable to a violation of 21 CNCA § 2001. The seized item may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the Attorney General in the Cherokee Nation Disctrict Court; provided, in the event the Attorney General elects not to file such action, or fails to file such action within ninety (90) days of the date of the seizure of the item, the item shall be returned to the owner.
B. Notice of seizure and intended forfeiture proceeding shall be filed in the office of the clerk of the Cherokee Nation District Court and shall be given all owners and parties in interest.
C. Notice shall be given according to one of the following methods:
1. Upon each owner, lienholder, or party in interest whose name and address is known, served in the manner of service of process in civil cases prescribed by the Federal Rules of Civil Procedure; or
2. Upon all other owners, whose addresses are unknown, but who are believed to have an interest in the property, by one publication in a newspaper of general circulation in the county where the seizure was made.
D. Within sixty (60) days after the mailing or publication of the notice, the owner of the property and any other party in interest or claimant may file a verified answer and claim to the item described in the notice of seizure and of the intended forfeiture proceeding.
E. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use and may order the item forfeited to the Nation, if such fact is proven.
F. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.
G. Proceedings under this section shall be special proceedings.
H. At the hearing the petitioner shall prove by a preponderance of the evidence that property was used in the attempt or commission of an act specified in subsection A of this section with knowledge by the owner of the item.
I. The claimant of any right, title, or interest in the item may prove the lien, mortgage, or conditional sales contract to be bona fide and that the right, title, or interest created by the item was created without any knowledge or reason to believe that the item was being, or was to be, used for the purpose charged.
J. In the event of such proof, the court may order the item released to the bona fide or innocent owner, lienholder, mortgagee, or vendor if the amount due such person is equal to, or in excess of, the value of the item as of the date of the seizure, it being the intention of this section to forfeit only the right, title, or interest of the purchaser.
K. If the amount due to such person is less than the value of the item, or if no bona fide claim is established, the item may be forfeited to the Nation and may be sold pursuant to judgment of the court, as on sale upon execution, and as provided in 21 CNCA § 2506, except as otherwise provided for by law.
L. A seized item taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the petitioner or in the custody of the law enforcement agency. The petitioner shall release the seized item to the owner of the item if it is determined that the owner had no knowledge of the illegal use of the item or if there is insufficient evidence to sustain the burden of showing illegal use of the item. If the owner of the property stipulates to the forfeiture and waives the hearing, the petitioner may determine if the value of the item is equal to or less than the outstanding lien. If such lien exceeds the value of the item, the item may be released to the lienholder. A seized item which has not been released by the petitioner shall be subject to the orders and decrees of the court.
M. Attorney fees shall not be assessed against the Cherokee Nation or the petitioner for any actions or proceeding pursuant to this section.
N. The proceeds of the sale of any property shall be distributed as follows, in the order indicated:
1. To the bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the item, if any, up to the amount of the interest of that person in the property, when the court declaring the forfeiture orders a distribution to such person;
2. To the payment of the actual reasonable expenses of preserving the item;
3. To the victim of the crime to compensate the victim for any loss incurred as a result of the act for which the item was forfeited; and
4. The balance to a revolving fund in the office of the county treasurer of the county wherein the property was seized, to be distributed as follows: one-half (1/2) to the investigating law enforcement agency and one-half (1/2) to the Attorney General to be used to defray any lawful expenses of the office of the Attorney General. If the petitioner is not the Attorney General, then the one-half (1/2) which would have been designated to that office shall be distributed to the petitioner.
O. If the court finds that the item was not used in the attempt or commission of an act specified in subsection A of this section and was not an item subject to forfeiture pursuant to subsection B of this section, the court shall order the item released to the owner as the right, title, or interest as determined by the court.
P. No vehicle, airplane, or vessel used by a person as a common carrier in the transaction of business as a common carrier shall be forfeited pursuant to the provisions of this section unless it shall be proven that the owner or other person in charge of such conveyance was a consenting party or privy to the attempt or commission of an act specified in subsection A or B of this section. No item shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, and by any person other than such owner while the item was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the the Cherokee Nation, the United States, or of any state.
Q. Whenever any item is forfeited pursuant to this section, the court may order that the forfeited item may be retained for its official use by the Cherokee Nation or the law enforcement agency which seized the item.
LA 07-21, eff. February 22, 2021
PART VIII
CONTROLLED DANGEROUS SUBSTANCES
CHAPTER 75
UNIFORM CONTROLLED DANGEROUS SUBSTANCES ACT
Article
I. Definitions
II. Standards and Schedules
IV. Offenses and Penalties
V. Enforcement and Administrative Provisions
VI. Miscellaneous
ARTICLE I. DEFINITIONS
Section
2101. Definitions
2101.1. Drug paraphernalia-Factors used in determining
2103.1. Investigations-Subpoena power
2107. Narcotics Revolving Fund
§ 2101. Definitions
As used in the Uniform Controlled Dangerous Substances Act, 21 CNCA § 2101 et seq.:
1. "Administer" means the direct application of a controlled dangerous substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient, animal or research subject by:
a. A practitioner (or, in his presence, by his authorized agent); or
b. The patient or research subject at the direction and in the presence of the practitioner.
2. "Agent" means a peace officer appointed by and who acts in behalf of Cherokee Nation or an authorized person who acts on behalf of or at the direction of a person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes controlled dangerous substances but does not include a common or contract carrier, public warehouseman or employee thereof, or a person required to register under the Uniform Controlled Dangerous Substances Act.
3. "Bureau of Narcotics and Dangerous Drugs" means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice.
4. "Coca leaves" includes cocaine and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine or ecgonine.
5. "Commissioner" or "Director" means the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
6. "Control" means to add, remove or change the placement of a drug, substance or immediate precursor under the Uniform Controlled Dangerous Substances Act.
7. "Controlled dangerous substance" means a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act.
8. "Counterfeit substance" means a controlled substance which, or the container or labeling of which without authorization, bears the trademark, trade name or other identifying marks, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.
9. "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another of a controlled dangerous substance whether or not there is an agency relationship.
10. "Dispense" means to deliver a controlled dangerous substance to an ultimate use or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding, necessary to prepare the substance for such distribution. "Dispenser" is a practitioner who delivers a controlled dangerous substance to an ultimate user or human research subject.
11. "Distribute" means to deliver other than by administering or dispensing a controlled dangerous substance.
12. "Distributor" means a person who distributes.
13. "Drug" means articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the Unites States, or official National Formulary, or any supplement to any of them; articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and articles intended for use as a component of any article specified in the paragraph; but does not include devices or their components, parts or accessories.
14. "Drug-dependent person" means a person who is using a controlled dangerous substance and who is in a state of psychic or physical dependence, or both, arising from administration of that controlled dangerous substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence.
15. "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. It includes, but is not limited to:
a. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
b. Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
c. Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance;
d. Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
e. Scales and balances used or intended for use in weighing or measuring controlled dangerous substances;
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
g. Separation gins and sifters used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining, marihuana;
h. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances;
i. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
j. Containers and other objects used or intended for use in parenterally injecting controlled substances into the human body;
k. Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body; excluding syringes or needles issued by a harm reduction program or medical provider for infection control or infection prevention.
l. Objects used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
ii. Water pipes,
iii. Carburetion tubes and devices,
iv. Smoking and carburetion masks,
v. Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand,
vi. Miniature cocaine spoons and cocaine vials,
vii. Chamber pipes,
viii8. Carburetor pipes,
ix. Electric pipes,
x. Air-driven pipes,
xi. Chillums,
xii. Bongs,
xiii. Ice pipes or chillers.
Provided however, drug paraphernalia shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation or pipes designed for smoking tobacco.
16. "Hazardous material" means materials, whether solid, liquid or gas; which are toxic to human, animal, aquatic or plant life, and the disposal of which materials is controlled by Nation or federal guidelines.
17. "Imitation controlled substance" means a substance that is not a controlled dangerous substance, which by dosage unit appearance, color, shape, size, markings or by representations made would lead a reasonable person to believe that the substance is a controlled dangerous substance. In the event the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance", the court or authority concerned should consider, in addition to all other factors, the following factors as related to "representations made" in determining whether the substance is an imitation controlled substance:
a. Statements made by an owner or by any other person in control of the substance concerning the nature of the substance, or its use or effect;
b. Statements made to the recipient that the substance may be resold for inordinate profit;
c. Whether the substance is packaged in a manner normally used for illicit controlled substances;
d. Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
e. Prior convictions, if any, of an owner, or any other person in control of the object, under Nation, state, or federal law related to controlled substances or fraud;
f. The proximity of the substance to controlled dangerous substances.
18. "Immediate precursor" means a substance which the Director has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used, or likely to be used, in the manufacture of a controlled dangerous substance, the control of which is necessary to prevent, curtail or limit such manufacture.
19. "Indian" means any person who is a citizen or is eligible for citizenship in a federally-recognized Indian tribe, band or nation.
20. "Indian country" means that area defined by 18 U.S.C. § 1151.
21. "Isomer" means the optical isomer, except as used in 21 CNCA § 2204(C) and 21 CNCA § 2206(A)(4), "isomer" means the optical, positional or geometric isomer. As used in 21 CNCA § 2206(A)(4), the term "isomer" means the optical or geometric isomer.
22. "Laboratory" means a laboratory approved by the Director as proper to be entrusted with the custody of controlled dangerous substances for scientific and medical purposes and for purposes of instruction.
23. "Manufacture" means the production, preparation, propagation, compounding or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural or synthetic origin, or independently by means of chemical synthesis. "Manufacturer" includes any person who packages, repackages or labels any container of any controlled dangerous substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer.
24. "Marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
25. "Medical purposes" means an intention to utilize a controlled dangerous substance for physical or mental treatment, diagnosis or for the prevention of a disease condition not in violation of any state or federal law and not for the purpose of physiological or psychological dependence or other abuse.
26. "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
a. Opium, coca leaves and opiates;
b. A compound, manufacture, salt, derivative or preparation of opium, coca leaves or opiates;
c. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
d. Ecgonine, its derivatives, their salts, isomers and salts of isomers;
e. A substance, and any compound, manufacture, salt, derivative or preparation thereof, which is chemically identical with any of the substances referred to in subparagraphs a through d of this paragraph, except that the words "narcotic drug" as used in this act shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.
27. "Nation" means Cherokee Nation.
28. "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under the Uniform Controlled Dangerous Substances Act, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (detromethorphan). It does include its racemic and levorotatory forms.
29. "Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof.
30. "Peace officer" means a police officer, marshal, deputy marshal, sheriff, deputy sheriff, prosecuting attorney's investigator, investigator from the Office of the Attorney General, or any other person elected or appointed by law to enforce any of the criminal laws of this Nation or of the United States.
31. "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
32. "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
33. "Practitioner" means:
a. A physician, dentist, podiatrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, use for scientific purposes or administer a controlled dangerous substance in the course of professional practice or research in this Nation; or
b. A pharmacy, hospital, laboratory or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, use for scientific purposes or administer a controlled dangerous substance in the course of professional practice or research in this Nation.
34. "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled dangerous substance.
35. "Synthetic controlled substance" means a substance that is not a controlled dangerous substance, but a substance that produces a like or similar physiological or psychological effect on the human central nervous system that currently has no accepted medical use in treatment in the United States and has a potential for abuse. The court or authority concerned with establishing that the substance is a synthetic controlled substance should consider, in addition to all other factors, the following factors as related to "representations made" in determining whether the substance is a synthetic controlled substance:
a. Statements made by an owner or by any other person in control of the substance concerning the nature of the substance, its use or effects;
b. Statements made to the recipient that the substance may be resold for an inordinate profit;
c. Prior convictions, if any, of an owner or any person in control of the substance, under Nation or federal law related to controlled dangerous substances;
d. The proximity of the substance to any controlled dangerous substance.
36. "Tetrahydrocannabinols" means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marihuana.
37. "Tribal citizen" means any person who is a citizen or is eligible for citizenship in Cherokee Nation.
38. "Ultimate user" means a person who lawfully possesses a controlled dangerous substance for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household.
LA 3-91, eff. February 9, 1991, LA 39-21, eff. September 15, 2021.
Renumbered from 63 CNCA § 2-101.
§ 2101.1. Drug paraphernalia-Factors used in determining
In determining whether an object is "drug paraphernalia", a court shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use.
2. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act.
3. The proximity of the object to controlled dangerous substances.
4. The existence of any residue of controlled dangerous substances on the object.
5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is drug paraphernalia.
6. Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances.
7. Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances.
8. The manner in which the object is displayed for sale.
9. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
10. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
11. The existence and scope of legitimate uses for the object in the community.
12. Expert testimony concerning its use.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-101.1.
§ 2103.1. Investigations-Subpoena power
A. In the investigation by any Cherokee Nation peace officer pursuant to the provisions of the Uniform Controlled Dangerous Substances Act with respect to controlled substances, the officer, if recommended and approved by the Prosecuting Attorney of Cherokee Nation District Court, may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and other tangible things which are determined to be relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in the Nation to a designated location at the seat of government. Witnesses summoned pursuant to this section shall be paid the same fees and mileage that are paid witnesses in the courts of this Nation.
B. The witness shall have the option of complying with said subpoena by:
1. Appearing and/or producing documents, as requested; or
2. Notifying the Marshal office, in writing, of refusal to appear or produce documents, within ten (10) days of the date of service.
C. A subpoena issued pursuant to this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
D. In the case of contumacy by or refusal to obey a subpoena issued to any person, the aid of the District Court of Cherokee Nation may be invoked. The court may issue an order requiring the subpoenaed person to appear and to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the Court may be punished by the Court as an indirect contempt thereof.
E. The District Court of Cherokee Nation wherein the subpoena is served may quash a subpoena issued pursuant to this section, upon a motion to quash the subpoena filed with the Court by the party to whom the subpoena is issued.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-103.1.
§ 2107. Narcotics Revolving Fund
There is hereby created in the National Treasury a revolving fund for the control of narcotics and dangerous drugs to be designated the "Narcotics Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies received from the sale of surplus and confiscated property, fees and receipts collected pursuant to the Oklahoma Open Records Act, gifts, bequests, devises, contributions or grants, public or private, including federal law or regulation, registration fees and receipts relating to prescription pads and receipts from any other source. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended for the control of narcotics and dangerous drugs.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-107.
ARTICLE II. STANDARDS AND SCHEDULES
Section
2201. Future "controlled dangerous substances" included
2202. Nomenclature in schedules
2203. Schedule I characteristics
2204. Schedule I
2205. Schedule II characteristics
2206. Schedule II
2207. Schedule III characteristics
2208. Schedule III
2209. Schedule IV characteristics
2210. Schedule IV
2211. Schedule V characteristics
2212. Schedule V
§ 2201. Future "controlled dangerous substances" included
Any substances, not listed in the following schedules, which are subsequently determined to be "controlled dangerous substances" and included in 63 O.S.§ 2-201 et seq. are included as controlled dangerous substances in this title.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-201.
§ 2202. Nomenclature in schedules
The schedules provided by this act include the controlled dangerous substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-202.
§ 2203. Schedule I characteristics
Schedule I includes substances with the following characteristics:
1. High potential for abuse;
2. No accepted medical use in the United States or lacks accepted safety for use in treatment under medical supervision.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-203.
§ 2204. Schedule I
The controlled substances listed in this section are included in Schedule I.
1. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
a. Acetylmethadol,
b. Allylprodine,
c. Alphacetylmethadol,
d. Alphameprodine,
e. Alphamethadol,
f. Benzethidine,
g. Betacetylmethadol,
h. Betameprodine,
i. Betamethadol,
j. Betaprodine,
k. Clonitazene,
l. Dextromoramide,
m. Dextrorphan (except its methyl ether),
n. Diampromide,
o. Diethylthiambutene,
p. Dimenoxadol,
q. Dimepheptanol,
r. Dimethylthiambutene,
s. Dioxaphetyl butyrate,
t. Dipipanone,
u. Ethylmethylthiambutene,
v. Etonitazene,
w. Etoxeridine,
x. Furethidine,
y. Hydroxypethidine,
z. Ketobemidone,
aa. Levomoramide,
bb. Levophenacylmorphan,
cc. Morpheridine,
dd. Noracymethadol,
ee. Norlevorphanol,
ff. Normethadone,
gg. Norpipanone,
hh. Phenadoxone,
ii. Phenampromide,
jj. Phenomorphan,
kk. Phenoperidine,
ll. Piritramide,
mm. Proheptazine,
nn. Properidine,
oo. Racemoramide,
pp. Trimeperidine.
2. Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
a. Acetorphine,
b. Acetyldihydrocodeine,
c. Benzylmorphine,
d. Codeine methylbromide,
e. Codeine-N-Oxide,
f. Cyprenorphine,
g. Desomorphine,
h. Dihydromorphine,
i. Etorphine,
j. Heroin,
k. Hydromorphinol,
l. Methyldesorphine,
m. Methylhydromorphine,
n. Morphine methylbromide,
o. Morphine methylsulfonate,
p. Morphine-N-oxide,
q. Myrophine,
r. Nicocodeine,
s. Nicomorphine,
t. Normorphine,
u. Phoclodine,
v. Thebacon.
3. Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
a. 3, 4-methylenedioxy amphetamine,
b. 5-methoxy-3, 4-methylenedioxy amphetamine,
c. 3, 4, 5-trimethoxy amphetamine,
d. Bufotenine,
e. Diethyltryptamine,
f. Dimethyltryptamine,
g. 4-methyl-2, 5-dimethoxyamphetamine,
h. Ibogaine,
i. Lysergic acid diethylamide,
j. Marihuana,
k. Mescaline,
l. N-ethyl-3-piperidyl benzilate,
m. N-methyl-3-piperidyl benzilate,
n. Psilocybin,
o. Psilocyn,
p. 2, 5 dimenthoxyamphetamine,
q. 4 bromo-2, 5-dimethoxyamphetamine,
r. 4 methoxyamphetamine,
s. Cyclohexamine,
t. Thiphene analog of phencyclidine, also known as 1-(1-(2-thienyl) cyclohexl) piperidine; 2-thienyl analog of phencyclidine; TPCP, TCP,
u. Phencyclidine (PCP),
v. Pyrrolidine analog for phencyclidine, also known as1-(1-phenycly-clohexyl)-pyrrolidine, PCPy, PHP.
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having stimulant or depressant effect on the central nervous system:
a. Fenethylline,
b. Mecloqualone,
c. N-ethylamphetamine,
d. Methaqualone.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-204.
§ 2205. Schedule II characteristics
Schedule II includes substances with the following characteristics:
1. High potential for abuse;
2. Currently accepted medical use in the United States, or currently accepted medical use with severe restrictions;
3. The abuse of the substance may lead to severe psychic or physical dependence.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-205.
§ 2206. Schedule II
The controlled substances listed in this section are included in Schedule II and include any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, when the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation.
1. Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
a. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph 1, but not including the isoquinoline alkaloids of opium;
c. Opium poppy and poppy straw;
d. Coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers and salts of isomers; or any compound, mixture or preparation which contains any quantity of any of the substances referred to in this paragraph.
2. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, when the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
a. Alphaprodine,
b. Anileridine,
c. Bezitramide,
d. Dihydrocodeine,
e. Diphenoxylate,
f. Fentanyl,
g. Hydromophone
h. Isomethadone,
i. Levomethorphan,
j. Levorphanol,
k. Metazocine,
l. Methadone,
m. Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane,
n.Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic acid,
o. Oxycodone
p. Oxymorphone
q. Pethidine. Meperidine,
r. Pethidine-Intermediate-A, 4-cyano-l-methyl-4-phenylpiperidine,
s. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate,
t. Pethidine-Intermediate-C,l-methyl-4-phenylpiperidine-4-carboxylic acid,
u. Phenazocine,
v. Piminodine,
w. Racemethorphan,
x. Racemorphan,
y. Etorphine hydrochloride salt only,
z. Alfentanil hydrochloride.
aa. Levo-alphacetylmethadol;
bb. Codeine;
cc. Hydrocodone;
dd. Morphine;
ee. Remifentanil;
ff. Sufentanil;
gg. Tapentadol; or
hh. Tianeptine.
3. Any substance which contains any quantity of:
a. Methamphetamine, including its salts, isomers, and salts of isomers,
b. Amphetamine, its salts, optical isomers, and salts of its optical isomers.
c. Nabilone; or
d. Lisdexamfetamine.
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having stimulant or depressant effect on the central nervous system:
a. Phenmetrazine and its salts,
b. Methylphenidate, including its salts, isomers and salts of isomers;
c. Amobarbital;
d. Pentobarbital;
e. Secobarbital;
f. Ethylphenidate.
LA 3-91, eff. February 9, 1991, LA 19-21, eff. May 17, 2021.
Renumbered from 63 CNCA § 2-206.
§ 2207. Schedule III characteristics
Schedule III includes substances with the following characteristics:
1. A potential for abuse less than the substances listed in Schedules I and II;
2. Currently accepted medical use in treatment in the United States; and
3. Abuse may lead to moderate or low physical dependence or high psychological dependence.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-207.
§ 2208. Schedule III
The controlled substances listed in this section are included in Schedule III.
1. Unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances or any other substance having a potential for abuse associated with a stimulant or depressant effect on the central nervous system:
a. Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid unless specifically excepted or unless listed in another schedule,
b. Chlorhexadol,
c. Glutethimide,
d. Lysergic acid,
e. Lysergic acid amide,
f. Methyprylon,
g. Sulfondiethylmethane,
h. Sulfonethylmethane,
i. Sulfonmethane,
j. Benzephetamine and its salts,
k. Chlorphentermine and its salts,
l. Clortermine,
m. Mazindol,
n. Phendimetrazine,
o. Phenylacetone (P2P),
p. 1-Phenycyclohexylamine,
q. 1-Piperidinocychexanecarbo nitrile (PCC).
2. Nalorphine.
3. Unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
a. Not more than one and eight-tenths (1.8) grams of codeine or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium,
b. Not more than one and eight-tenths (1.8) grams of codeine or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts,
c. Not more than three hundred (300) milligrams of dihydrocodeinone or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium,
d. Not more than three hundred (300) milligrams of dihydrocodeinone or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts,
e. Not more than one and eight-tenths (1.8) grams of dihydrocodeine or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts,
f. Not more than three hundred (300) milligrams of ethylmorphine or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts,
g. Not more than five hundred (500) milligrams of opium per one hundred (100 )milliliters or per one hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts,
h. Not more than fifty (50) milligrams of morphine or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-208.
§ 2209. Schedule IV characteristics
Schedule IV includes substances with the following characteristics:
1. Low potential for abuse relative to substances listed in Schedule III;
2. Currently accepted medical use in treatment in use in the United States; and
3. Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-209.
§ 2210. Schedule IV
The controlled substances listed in this section are included in Schedule IV.
1. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant or depressant effect on the central nervous system:
a. Chloral betaine,
b. Chloral hydrate,
c. Ethchlorvynol,
d. Ethinamate,
e. Meprobamate,
f. Paraldehyde,
g. Petrichloral,
h. Diethylpropion,
i. Phentermine,
j. Pemoline,
k. Chlordiazepoxide,
l. Chlordiazepoxide and its salts, but not including chlordiazepoxide hydrochloride and clidinium bromide or chlordiazepoxide and water-soluble esterified estrogens,
m. Diazepam,
n. Oxazepam,
o. Clorazepate,
p. Flurazepam and its salts,
q. Clonazepam,
r. Barbital,
s. Mebutamate,
t. Methohexital,
u. Methylphenobarbital,
v. Phenobarbital,
w. Fenfluramine,
x. Pentazocine,
y. Dextropropoxyphene,
z. Butorphanol,
aa. Alprazolam,
bb. Halazepam,
cc. Lorazepam,
dd. Prazepam,
ee. Temazepam,
ff. Triazolam,
gg. Methandrostenolone,
hh. Stanozolol,
ii. Ethylestrenol,
jj. Nandrolene phenpropionate,
kk. Nandrolone deconoate,
ll. Testosterone propionate,
mm. Chorionic gonadotropin.
2. In addition to the anabolic steroids listed in paragraphs gg through mm of subdivision 1 of this section, "anabolic steroids" shall include any salt, optical and geometric isomers, and salts of isomers, compound, or derivative which is a chemical analog to any of the substances listed in paragraphs gg through mm of subdivision 1 of this section.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-210.
§ 2211. Schedule V characteristics
Schedule V includes substances with the following characteristics:
1. Low potential for abuse relative to the controlled substances listed in Schedule IV;
2. Currently accepted medical use in treatment in the United States; and
3. Limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-211.
§ 2212. Schedule V
The controlled substances listed in this section are included in Schedule V.
Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
1. Not more than two hundred (200) milligrams of codeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams,
2. Not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams,
3. Not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams,
4. Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit,
5. Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-212.
ARTICLE IV. OFFENSES AND PENALTIES
Section
2401. Prohibited acts A-Penalties
2401A. School property-Distribution, dispensing or possession of controlled dangerous substance or Imitation with intent to distribute
2402. Prohibited acts B-Penalties
2403. Prohibited acts C-Penalties
2404. Prohibited acts D-Penalties
2405. Prohibited acts E-Penalties
2407. Prohibited acts G-Penalties
2407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited-Exemptions-Penalties
2408. Endeavor and conspiracy
2409. Additional penalties
2410. Conditional discharge for possession as first offense
2411. General penalty clause
2412. Second or subsequent offenses
2413. Bar to prosecution
2413.1. Gasoline or paint sniffing illegal
TRAFFICKING IN ILLEGAL DRUGS ACT
2414. Short title
2415. Application-Fines and penalties
2416. Apportionment of fines
2417. Drug Abuse Education Revolving Fund
2418. Distributing controlled substance within 1,000 feet of educational facilities, recreation centers or public parks-Penalties
2419. Use of minors in transportation, sale, etc. of controlled dangerous substances-Penalties
§ 2401. Prohibited acts A-Penalties
A. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person:
1. To distribute, dispense, or solicit the use of or use the services of a person less than eighteen (18) years of age to distribute or dispense a controlled dangerous substance or possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance;
2. To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined by 21 CNCA § 2101, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services.
B. Any person who violates the provisions of this section with respect to:
1. A substance classified in Schedule I or II which is a narcotic drug or lysergic acid diethylamide (LSD), upon conviction, shall be guilty of a crime;
2. Any other controlled dangerous substance classified in Schedule I, II, III, or IV, upon conviction, shall be guilty of a crime;
3. A substance classified in Schedule V, upon conviction, shall be guilty of a crime;
4. An imitation controlled substance as defined by 21 CNCA § 2101, upon conviction, shall be guilty of a crime and shall be sentenced to a term of imprisonment for a period of not more than one (1) year and a fine of not more than One Thousand Dollars ($1,000.00). A person convicted of a second or subsequent violation of the provisions of this paragraph shall be sentenced to a term of imprisonment for not more than three (3) years and a fine of not more than Five Thousand Dollars ($5,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment; or
5. Except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services, it shall be unlawful for any person to manufacture, distribute, or possess with intent to distribute a synthetic controlled substance. Any person convicted of violating the provisions of this paragraph is guilty of a crime.
C. Any person who is at least eighteen (18) years of age and who violates the provisions of this section by using or soliciting the use of services of a person less than eighteen (18) years of age to distribute or dispense a controlled dangerous substance or by distributing a controlled dangerous substance to a person under eighteen (18) years of age is punishable by twice the fine and by twice the imprisonment otherwise authorized.
D. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance. Any person violating the provisions of this section with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance, upon conviction, is guilty of a crime.
E. Any person convicted of any offense described in this section may, in addition to the fine imposed, be assessed an amount not to exceed ten percent (10%) of the fine imposed. Such assessment shall be paid into a revolving fund for enforcement of controlled dangerous substances created pursuant to 21 CNCA § 2107.
LA 03-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-401. Amended LA 10-13, eff. April 13, 2013.
§ 2401A. School property-Distribution, dispensing or possession of controlled dangerous substance or Imitation with intent to distribute
A. It shall be unlawful for any person to distribute, dispense, or possess with intent to distribute a controlled dangerous substance or imitation controlled dangerous substance, as defined by 21 CNCA § 2101, while on any school property used for school purposes which is owned by any private school, public school district, or vocational-technical school district, or within one thousand (1,000) feet of any such school property or while on any school bus owned or operated by any private school, public school district. Any person convicted of violating this section shall be guilty of a crime.
B. It shall be no defense to a prosecution for a violation of this section that the violator of this section was unaware that the prohibited conduct took place while on or within one thousand (1,000) feet of any school property.
C. A conviction arising under this section shall not merge with a conviction pursuant to 21 CNCA § 2401.
LA 03-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-401A.
§ 2402. Prohibited acts B-Penalties
A. 1. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by 21 CNCA § 2101 et seq.
2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of 21 CNCA § 2101 et seq. pursuant to 21 CNCA § 2313 in an amount or within a time interval other than that permitted by 21 CNCA § 2313.
B. Any person who violates this section with respect to:
1. Any Schedule I or II substance, except marihuana or a substance included in subsection (D) of 21 CNCA § 2206, is guilty of a crime.
2. Any Schedule III, IV or V substance, marihuana, a substance included in 21 CNCA § 2206(D), or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is guilty of a crime.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-402.
§ 2403. Prohibited acts C-Penalties
A. Any person found guilty of larceny, burglary or theft of controlled dangerous substances is guilty of a crime.
B. Any person found guilty of robbery or attempted robbery of controlled dangerous substances from a practitioner, manufacturer, distributor or agent thereof as defined in 21 CNCA § 2101 is guilty of a crime.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-403.
§ 2404. Prohibited acts D-Penalties
A. It shall be unlawful for any person:
1. To omit, remove, alter, or obliterate a symbol required by the Federal Controlled Substances Act or this act;
2. To refuse any entry into any premises or inspection authorized by this act; or,
3. To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled dangerous substances in violation of this act for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this act.
B. Any person who violates this section is punishable by a civil fine of not more than One Thousand Dollars ($1,000.00) unless the violation is prosecuted by an information which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-404.
§ 2405. Prohibited acts E-Penalties
A. No person shall use tincture of opium, tincture of opium camphorated, or any derivative thereof, by the hypodermic method, either with or without a medical prescription therefor.
B. No person shall use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of 21 CNCA § 2101 et seq., except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine, or pharmacy.
C. No person shall deliver, possess or manufacture drug paraphernalia knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.
D. Any person eighteen (18) years of age or over who violates subsection (C) of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior shall, upon conviction, be guilty of a crime.
E. Any person who violates subsections (A), (B) or (C) of this section is guilty of a crime.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-405.
§ 2407. Prohibited acts G-Penalties
A. No person shall obtain or attempt to obtain any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act pursuant to 21 CNCA § 2313 in a manner inconsistent with the provisions of 21 CNCA § 2313(B)(1), or a controlled dangerous substance or procure or attempt to procure the administration of a controlled dangerous substance:
1. by fraud, deceit, misrepresentation, or subterfuge;
2. by the forgery or alteration of a prescription or of any written order;
3. by the concealment of a material fact; or
4. by the use of a false name or the giving of a false address.
B. Information communicated to a physician in an effort unlawfully to procure a controlled dangerous substance, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.
C. Any person who violates this section is guilty of a crime.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-407.
§ 2407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited-Exemptions-Penalties
A. For the purpose of inducing intoxication or distortion or disturbance of the auditory, visual, muscular, or mental process, no person shall ingest, use, or possess any compound, liquid, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or any of their esters, isomers, or analogues, or any other similar compound.
B. No person shall possess, buy, sell, or otherwise transfer any substance specified in subsection (A) of this section for the purpose of inducing or aiding any other person to inhale or ingest such substance or otherwise violate the provisions of this section.
C. The provisions of subsections (A) and (B) of this section shall not apply to:
1. The possession and use of a substance specified in subsection (A) of this section which is used as part of the care or treatment by a licensed physician of a disease, condition or injury or pursuant to a prescription of a licensed physician; and
2. The possession of a substance specified in subsection (A) of this section which is used as part of a known manufacturing process or industrial operation when the possessor has obtained a permit from the Oklahoma State Department of Health or the federal government.
D. Any person convicted of violating any provision of subsection (A) or (B) of this section shall be guilty of a crime punishable by imprisonment of not more than ninety (90) days or by the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine. Each violation shall be considered a separate offense.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-407.1.
§ 2408. Endeavor and conspiracy
Any person who offers, solicits, attempts, endeavors, or conspires to commit any offense defined in 21 CNCA § 2101 et seq. shall be subject to the penalty prescribed for the offense, the commission of which was the object of the endeavor or conspiracy.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-408.
§ 2409. Additional penalties
Any penalty imposed for violation of this article shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-409.
§ 2410. Conditional discharge for possession as first offense
Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance under 21 CNCA § 2402, the Court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported or state-approved facility, if available. Upon violation of a term or condition, the Court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the Court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person.
Any expunged arrest or conviction shall not thereafter be regarded as an arrest or conviction for purposes of employment, civil rights, or any statute, regulation, license, questionnaire or any other public or private purpose; provided, that, any such plea of guilty or finding of guilt shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under which the existence of a prior conviction is relevant.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-410.
§ 2411. General penalty clause
Any person who violates any provision of this act not subject to a specific penalty provision is guilty of a crime punishable by confinement for not more than three (3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both.
LA 03-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-411. Amended LA 10-13, eff. April 13, 2013.
§ 2412. Second or subsequent offenses
An offense shall be considered a second or subsequent offense under this act, if, prior to his conviction of the offense, the offender has at any time been convicted of an offense or offenses under this act, under any statute of the United States, or of any nation or state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs, as defined by this act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-412.
§ 2413. Bar to prosecution
If a violation of this act is a violation of a federal law or the law of another state or Indian nation, a conviction or acquittal under federal law or the law of another state or nation for the same act is a bar to prosecution in this Nation.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-413.
§ 2413.1. Gasoline or paint sniffing illegal
A. It shall be a crime for any person to sniff or inhale gasoline or any other motor fuel or any paint, thinner, glue or cleaner or substance which provides and intoxicating vapor with the intent to become intoxicated.
B. It shall be a crime for any person to distribute to any person gasoline or any other motor fuel or any paint, thinner, glue, cleaner or substance which provides and intoxicating vapor knowing or having reasonable cause to believe the person receiving the substance will use the substance for the purpose of inhaling the intoxicating vapor with the intent to become intoxicated.
C. It shall be a crime for any person to fail to report local law enforcement, the act of any person who inhales gasoline or any other motor fuel or any paint, thinner, cleaner, glue or substance which provides an intoxicating vapor for the purpose of intoxication.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-413.1.
TRAFFICKING IN ILLEGAL DRUGS ACT
§ 2414. Short title
This act shall be known and may be cited as the Trafficking in Illegal Drugs Act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-414.
§ 2415. Application-Fines and penalties
A. The provisions of the Trafficking in Illegal Drugs Act, 21 CNCA § 2414 et seq., shall apply to persons convicted of violations with respect to the following substances:
1. Marihuana,
2. Cocaine or coca leaves,
3. Heroin,
4. Amphetamine or methamphetamine,
5. Lysergic acid diethylamide (LSD),
6. Phencyclidine (PCP),
7. Cocaine base, commonly known as "crack" or "rock".
B. Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, 21 CNCA § 2101 et seq., it shall be unlawful for any person to:
1. Knowingly distribute, manufacture, bring into this Nation or possess a controlled substance specified in subsection (A) of this section in the quantities specified in subsection (C) of this section; or
2. Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection (A) of this section in quantities specified in subsection (C) of this section; or
3. Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection (A) of this title in quantities specified in subsection (C) of this section.
Violation of this section shall be known as "trafficking in illegal drugs".
Any person who commits the conduct described in paragraph 1, 2 or 3 of this subsection and represents the quantity of the controlled substance to be an amount described in subsection (C) of this section shall be deemed guilty of a crime.
C. In the case of a violation of the provisions of subsection (B) of this section, involving:
1. Marihuana: twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marihuana, such violation shall be a crime;
2. Cocaine or coca leaves: twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves, such violation shall be a crime;
3. Heroin: ten (10) grams or more of a mixture or substance containing a detectable amount of heroin, such violation shall be a crime;
4. Amphetamine or methamphetamine: twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamines or methamphetamine, such violation shall be a crime;
5. Lysergic acid diethylamide (LSD): one (1) gram or more of a substance containing a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD), such violation shall be a crime;
6. Phencyclidine (PCP): one (1) ounce or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP), such violation shall be a crime;
7. Cocaine base: five (5) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base, such violation shall be a crime.
D. Any person who violates the provisions of this section with respect to a controlled substance specified in subsection (A) of this section in a quantity specified in subsection (C) shall be deemed guilty of a crime.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-415.
§ 2416. Apportionment of fines
The fines collected pursuant to 21 CNCA § 2415 shall be apportioned as follows:
1. Forty percent (40%) shall be distributed to the revolving fund established pursuant to the provisions of 21 CNCA § 2107 to be used for the enforcement of the Uniform Controlled Dangerous Substances Act;
2. Forty percent (40%) shall be distributed to the Drug Abuse Education Revolving Fund to be used for drug abuse education programs within the Nation;
3. Twenty percent (20%) shall be distributed to the Court Fund.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-416.
§ 2417. Drug Abuse Education Revolving Fund
There is hereby created in the National Treasury a revolving fund to be designated the "Drug Abuse Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fines collected pursuant to the Trafficking in Illegal Drugs Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the ____ for drug abuse education programs.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-417.
§ 2418. Distributing controlled substance within 1,000 feet of educational facilities, recreation centers or public parks-Penalties
A. Any person who violates 21 CNCA § 2401 by distributing a controlled substance to an individual, in or on, or within one thousand (1,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, recreation center or public park, including state parks and recreation areas, shall be guilty of a crime.
B. It shall not be a defense to prosecution for a violation of this section that the violator was unaware that the prohibited conduct took place:
1. While on or within one thousand (1,000) feet of any school property; or
2. While on recreation center grounds or on public park grounds, including state parks and recreation areas.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-418.
§ 2419. Use of minors in transportation, sale, etc. of controlled dangerous substances-Penalties
A. It shall be unlawful for any individual eighteen (18) or more years of age to solicit, employ, hire, or use an individual under eighteen (18) years of age to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any controlled dangerous substance.
B. A person who violates subsection (A) of this section shall be guilty of a crime.
C. It shall not be a defense to this section that a person did not know the age of an individual.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-419.
ARTICLE V. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
Section
2501. Powers of enforcement personnel
2502. Inspections
2503. Property subject to forfeiture
2503.1. Transactions involving proceeds derived from illegal drug activity prohibited-Penalties
2503.2. Assessment for violation of act
2504. Seizure of property
2505. Summary forfeiture of certain substances
2506. Seizure of property-Notice of seizure and intended forfeiture proceeding-Verified answer and claim to property-Hearing-Evidence and proof-Proceeds of sale
2507. Itemization and submission for destruction
2508. Destruction of seized property
2509. Eradication
2510. Defenses-Descriptions
§ 2501. Powers of enforcement personnel
Any peace officer may:
1. Carry firearms;
2. Execute search warrants, arrest warrants, subpoenas, and summonses issued under the authority of this Nation;
3. Make an arrest without warrant of any person he has probable cause for believing has committed a crime under this act or a violation of 21 CNCA § 2402;
4. Make seizures of property pursuant to the provisions of this act;
5. Perform such other lawful duties as are required to carry out the provisions of this act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-501.
§ 2502. Inspections
A. Prescriptions, orders, and records, required by this act, and stock of substances specified in this act shall be open for inspection only to specifically designated or assigned Nation officers, whose duty it is to enforce the laws of this Nation relating to controlled dangerous substances. No officer having knowledge by virtue of his office of any such prescription, order or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
B. Any peace officer or agency charged with administration of this act is authorized to make administrative inspections of controlled premises in accordance with the following provisions:
1. For purposes of this act only, "controlled premises" means:
a. Places where persons registered or exempted from registration requirements under this act are required to keep records; and
b. Places including factories, warehouses, establishments, and conveyances where persons registered or exempted from registration requirements under this act are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled dangerous substance.
2. This section shall not be construed to prevent the inspection of books and records pursuant to the provisions of this act; nor shall this section be construed to prevent entries and administrative inspections at reasonable times without a warrant:
a. With the consent of the owner, operator, or agent in charge of the controlled premises;
b. In situations presenting imminent danger to health or safety;
c. In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
d. In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and
e. In all other situations where a warrant is not constitutionally required.
3. Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to:
a. Financial data;
b. Sales data other than shipment data; or
c. Pricing data.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-502.
§ 2503. Property subject to forfeiture
A. The following shall be subject to forfeiture:
1. All controlled dangerous substances which have been manufactured, distributed, dispensed, acquired, concealed or possessed in violation of the Uniform Controlled Dangerous Substances Act;
2. All raw materials, products and equipment of any kind and all drug paraphernalia as defined by the Uniform Controlled Dangerous Substances Act, which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Act;
3. All property which is used, or intended for use, as a container for property described in paragraphs 1 and 2 of this subsection;
4. All conveyances, including aircraft, vehicles, vessels, or farm implements which are used to transport, conceal, or cultivate for the purpose of distribution as defined in 21 CNCA § 2101, or in any manner to facilitate the transportation or cultivation for the purpose of sale or receipt of property described in paragraphs 1 or 2 of this subsection or when such property is unlawfully possessed by an occupant thereof, except that:
a. No conveyance used by a person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of the Uniform Controlled Dangerous Substances Act unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of the Uniform Controlled Dangerous Substances Act; and
b. No conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, and if the act is committed by any person other than such owner the owner shall establish further that the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any state or Indian nation or tribe;
5. All books, records and research, including formulas, microfilm, tapes and data which are used in violation of the Uniform Controlled Dangerous Substances Act;
6. All things of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, all proceeds traceable to such an exchange, and all monies, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of the Uniform Controlled Dangerous Substances Act;
7. All moneys, coin and currency found in close proximity to forfeitable substances, to forfeitable drug manufacturing or distribution paraphernalia or to forfeitable records of the importation, manufacture or distribution of substances, which are rebuttably presumed to be forfeitable under this act. The burden of proof is upon claimants of the property to rebut this presumption;
8. All real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenance or improvement thereto, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of the Uniform Controlled Dangerous Substances Act which is punishable by imprisonment for more than one (1) year, except that no property right, title or interest shall be forfeited pursuant to this paragraph, by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of that owner.
9. All weapons possessed, used or available for use in any manner to facilitate a violation of the Uniform Controlled Dangerous Substances Act.
B. Any property or thing of value of a person is subject to forfeiture if it is established by a preponderance of the evidence that such property or thing of value was acquired by such person during the period of the violation of the Uniform Controlled Dangerous Substances Act or within a reasonable time after such period and there was no likely source for such property or thing of value other than the violation of the Uniform Controlled Dangerous Substances Act.
C. Any property or thing of value of a person is subject to forfeiture if it is established by a preponderance of the evidence that the person has not paid all or part of a fine imposed pursuant to the provisions of 21 CNCA § 2415.
D. All items forfeited in this section shall be forfeited under the procedures established in 21 CNCA § 2506. Whenever any item is forfeited pursuant to this section the Cherokee Nation District Court shall order that such item, money, or monies derived from the sale of such item be deposited by the law enforcement agency which seized the item in the revolving fund provided for in 21 CNCA § 2107; provided, such item, money or monies derived from the sale of such item forfeited due to nonpayment of a fine imposed pursuant to the provisions of 21 CNCA § 2415 shall be apportioned as provided in 21 CNCA § 2416. Items, money or monies seized pursuant to subsections (A) and (B) of this section shall not be applied or considered toward satisfaction of the fine imposed by 21 CNCA § 2415. All raw materials used or intended to be used by persons to unlawfully manufacture or attempt to manufacture any controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act shall be summarily forfeited pursuant to the provisions of 21 CNCA § 2505.
E. All property taken or detained under this section shall not be repleviable, but shall remain in the custody of Cherokee Nation, subject only to the orders and decrees of a court of competent jurisdiction. The Attorney General of Cherokee Nation shall follow the procedures outlined in 21 CNCA § 2506 dealing with notification of seizure, intent of forfeiture, final disposition procedures, and release to innocent claimants with regard to all property included in this section detained by Cherokee Nation.
LA 3-91, eff. February 9, 1991, LA 29-21, eff. June 18, 2021.
Renumbered from 63 CNCA § 2-503.
§ 2503.1. Transactions involving proceeds derived from illegal drug activity prohibited-Penalties
A. It is unlawful for any person knowingly or intentionally to receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving proceeds, known to be derived from any violation of this act. The subsection does not apply to any transaction between an individual and the counsel of the individual necessary to preserve the right to representation of the individual, as guaranteed by the Cherokee Nation Constitution and by the Sixth Amendment of the United States Constitution. However, this exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of this act.
B. It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any violation of this act.
C. It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of this act.
D. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds derived from a violation of this act, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds known to be derived from a violation of this act, or to avoid a transaction reporting requirement under Nation or federal law.
E. Any person convicted of violating any of the provisions of this section is guilty of a crime.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-503.1.
§ 2503.2. Assessment for violation of act
A. Every person convicted of a violation of this act, must be assessed for each offense a sum of not less than Five Hundred Dollars ($500.00) nor more than Three Thousand Dollars ($3,000.00). The assessment is in addition to and not in lieu of any fines, restitution costs, other assessments, or forfeitures authorized or required by law.
B. The assessment provided for in this section must be collected as provided for collection of restitution costs and probation and parole fees and must be forwarded to the Drug Abuse Education Revolving Fund. Expenditures may be made only for drug abuse education and prevention.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-503.2.
§ 2504. Seizure of property
Any peace officer of this Nation shall seize property subject to forfeiture under this act when:
1. The seizure is incident to arrest or search warrant;
2. The property has been the subject of a prior judgment in favor of the state in an injunction or forfeiture proceeding under this act;
3. Probable cause exists to believe the property is dangerous to health or safety; or
4. Probable cause exists to believe the property has been used, or will be used, in violation of this act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-504.
§ 2505. Summary forfeiture of certain substances
A. All controlled substances in Schedule I of this act and all controlled substances in Schedules II, III, IV, and V that are not in properly labeled containers in accordance with this act that are possessed, transferred, sold, or offered for sale in violation of this act are deemed contraband and shall be seized and summarily forfeited.
B. All hazardous materials and all property contaminated with hazardous materials described in 21 CNCA § 2503(A)(2), used or intended to be used by persons to unlawfully manufacture or attempt to manufacture any controlled dangerous substance, shall be summarily forfeited to the Nation and submitted to the Oklahoma State Bureau of Investigation for prompt destruction in accordance with Nation and federal law.
C. Species of plant from which controlled substances in Schedule I or II of this act, may be derived which have been planted or cultivated in violation of this act, or of which the owners or cultivators are unknown, or which are wild growth, may be seized by peace officers, summarily forfeited, and, in lieu of the eradication procedures contained in 21 CNCA § 2509, promptly cut and burned where seized.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-505.
§ 2506. Seizure of property-Notice of seizure and intended forfeiture proceeding-Verified answer and claim to property-Hearing-Evidence and proof-Proceeds of sale
A. Any peace officer of this Nation shall seize the following property:
1. 1. Any property described in 21 CNCA § 2503(A). Such property shall be held as evidence until a forfeiture has been declared or release ordered, except for property described in paragraphs 1, 2 and 3 of 21 CNCA § 2503(A), or in the case of money, coins, and currency, deposited as provided in 21 CNCA § 2503(E); provided, any money, coins and currency taken or detained pursuant to this section may be deposited in an interest-bearing account by or at the direction of the Attorney General in the office of the Treasurer if the Attorney General determines the currency is not to be held as evidence. All interest earned on such monies shall be returned to the claimant or forfeited with the money, coins and currency which was taken or detained as provided by law;
2. Any property described in 21 CNCA § 2503(B); or
3. Any property described in 21 CNCA § 2503(C).
B. Notice of seizure and intended forfeiture proceeding shall be filed in the Office of the Court Clerk of the Cherokee Nation District Court and shall be given all owners and parties in interest.
C. Notice shall be given according to one of the following methods:
1. Upon each owner or party in interest whose right, title or interest is of record in the Cherokee Nation Tax Commission, by mailing a copy of the notice by certified mail to the address as given upon the records of the Tax Commission;
2. Upon each owner or party in interest whose name and address is known to the Prosecuting Attorney of the Cherokee Nation District Court, by mailing a copy of the notice by registered mail to the last-known address; or
3. Upon all other owners or interested parties, whose addresses are unknown, but who are believed to have an interest in the property, by one publication in a newspaper of general circulation in the Nation.
D. Within sixty (60) days after the mailing or publication of the notice, the owner of the property and any other party in interest or claimant may file a verified answer and claim to the property described in the notice of seizure and of the intended forfeiture proceeding.
E. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the Court shall hear evidence upon the fact of the unlawful use and shall order the property forfeited to the state, if such fact is proved.
F. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.
G. At a hearing in a proceeding against property described in 21 CNCA § 2503(A)(4) or (6) or (B) or (C), the requirements set forth in said paragraph or subsection, respectively, shall be satisfied by the Nation by a preponderance of the evidence.
H. The claimant of any right, title or interest in the property may prove his lien, mortgage or conditional sales contract to be a bona fide or innocent ownership interest and that his right, title or interest was created without any knowledge or reason to believe that the property was being, or was to be, used for the purpose charged.
I. In the event of such proof, the Court shall order the property released to the bona fide or innocent owner, lien holder, mortgagee or vendor if the amount due him is equal to, or in excess of, the value of the property as of the date of the seizure, it being the intention of this section to forfeit only the right, title or interest of the purchaser.
J. If the amount due to such person is less than the value of the property, or if no bona fide claim is established, the property shall be forfeited to the Nation and sold under judgment of the court, as on sale upon execution, except as otherwise provided for in 21 CNCA § 2503.
K. Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Office of the Prosecuting Attorney of the Cherokee Nation District Court, subject only to the orders and decrees of the Court or the official having jurisdiction thereof.
L. The proceeds of the sale of any property not taken or detained by Cherokee Nation shall be distributed as follows, in the order indicated:
1. To the bona fide or innocent purchaser, conditional sales vendor or mortgagee of the property, if any, up to the amount of his interest in the property, when the Court declaring the forfeiture orders a distribution to such person;
2. To the payment of the actual expenses of preserving the property; and
3. The balance to the Narcotics Revolving Fund.
M. Whenever any vehicle, airplane or vessel is forfeited under this act, the Cherokee Nation District Court may order that the vehicle, airplane or vessel seized may be retained by the law enforcement agency which seized the vehicle, airplane or vessel for its official use.
N. If the Court finds that the Nation failed to satisfy the required showing provided for in subsection (G) of this section, the Court shall order the property released to the owner or owners.
LA 3-91, eff. February 9, 1991,LA 29-21, eff. June 18, 2021.
Renumbered from 63 CNCA § 2-506.
§ 2507. Itemization and submission for destruction
Any peace officer of this Nation seizing any of the property described in 21 CNCA § 2503(1) or (2) shall cause a written inventory to be made and maintain custody of the same until all legal actions have been exhausted unless such property has been placed in lawful custody of a court or state or federal law enforcement agency. After all legal actions have been exhausted with respect to such property, the property shall be surrendered by the Court, law enforcement agency or person having custody of the same to the Oklahoma State Bureau of Investigation to be destroyed as provided in 21 CNCA § 2508. The property shall be accompanied with a written inventory on forms to be furnished by the Oklahoma State Bureau of Investigation.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-507.
§ 2508. Destruction of seized property
A. Except as otherwise provided, all property described in 21 CNCA § 2503(A)(1) and (2) which is seized or surrendered pursuant to the provisions of the Uniform Controlled Dangerous Substances Act shall be destroyed. The destruction shall be done by or at the direction of the Oklahoma State Bureau of Investigation, who shall have the discretion prior to destruction to preserve samples of the substance for testing. Any such property submitted to the Oklahoma State Bureau of Investigation which it deems to be of use for investigative, training, educational, or analytical purposes may be retained by the Oklahoma State Bureau of Investigation in lieu of destruction.
B. All other property not otherwise provided for in the Uniform Controlled Dangerous Substances Act which has come into the possession of a Cherokee Nation peace officer or the Prosecuting Attorney of the Cherokee Nation District Court may be disposed of by order of the District Court of Cherokee Nation when no longer needed in connection with any litigation. If the owner of the property is unknown to the Marshal service or Prosecuting Attorney of the Cherokee Nation District Court, the Marshal service shall hold the property for at least two (2) years prior to filing a petition for disposal with the District Court except for laboratory equipment which may be forfeited when no longer needed in connection with litigation, unless the property is perishable. The Prosecuting Attorney of the Cherokee Nation District Court shall file a petition in the District Court requesting the authority to conduct a sale of the property or to convert title of the property to Cherokee Nation for donation in accordance with subsection (F) of this section. The Prosecuting Attorney shall attach to the petition a list describing the property, including all identifying numbers and marks, if any, the date the property came into the possession of the Marshal service or Prosecuting Attorney, and the name and address of the owner, if known. The notice of the hearing of the petition for the sale of the property, except laboratory equipment used in the processing, manufacturing or compounding of controlled dangerous substances in violation of the provisions of the Uniform Controlled Dangerous Substances Act, shall be given to every known owner, as set forth in the petition, by certified mail to the last-known address of the owner at least ten (10) days prior to the date of the hearing. Notice of a hearing on a petition for forfeiture or sale of laboratory equipment used in the processing, manufacturing or compounding of controlled dangerous substances in violation of the Uniform Controlled Dangerous Substances Act shall not be required. The notice shall contain a brief description of the property, and the location and date of the hearing. In addition, notice of the hearing shall be posted in three public places in the Nation, one such place being the Cherokee Nation Courthouse at the regular place assigned for the posting of legal notices. At the hearing, if no owner appears and establishes ownership of the property, the Court may enter an order authorizing the Prosecuting Attorney of Cherokee Nation to donate the property pursuant to subsection (F) of this section or to sell the property to the highest bidder after at least five (5) days' notice has been given by publication in one issue of a legal newspaper of the Nation. The Prosecuting Attorney shall make a return of the sale and, when confirmed by the Court, the order confirming the sale shall vest in the purchaser title to the property so purchased. The money received from the sale shall be used for the purpose of purchasing controlled dangerous substances to be used as evidence in narcotic cases and fees for informers, or employees and other associated expenses necessary to apprehend and convict violators of the laws of Cherokee Nation regulating controlled dangerous substances. These funds shall be transferred to the Narcotics Revolving Fund. A return of the sale and, when confirmed by the court, the order confirming the sale shall vest in the purchaser title to the property so purchased. The money received from the sale shall be used for the purpose of purchasing controlled dangerous substances to be used as evidence in narcotic cases and fees for informers, or employees and other associated expenses necessary to apprehend and convict violators of the laws of the Cherokee Nation regulating controlled dangerous substances. These funds shall be transferred to the Narcotics Revolving Fund.
C. Any property, including but not limited to uncontaminated laboratory equipment used in the processing, manufacturing or compounding of controlled dangerous substances in violation of the provisions of the Uniform Controlled Dangerous Substances Act, upon a Court order, may be donated for classroom or laboratory use by the Marshal Service or the Prosecuting Attorney of Cherokee Nation District Court to any public secondary school or vocational-technical school in this Nation or the State of Oklahoma.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-508.
§ 2509. Eradication
A. All species of plants from which controlled dangerous substances in Schedules I and II may be derived are hereby declared inimical to health and welfare of the public, and the intent of the Council is to control and eradicate these species of the plants in Cherokee Nation.
B. It shall be unlawful for any person to cultivate or produce, or to knowingly permit the cultivation, production, or wild growing of any species of such plants, on any lands owned or controlled by such person, and it is hereby declared the duty of every such person to destroy all such plants found growing on lands owned or controlled by him.
C. 1. Whenever any peace officer of the Nation shall receive information that any species of any such plants has been found growing on any private lands in Cherokee Nation, he shall notify the Marshal office; within five (5) days of receipt of such notice, the Marshal office shall notify the owner or person in possession of such lands that such plants have been found growing on the said lands and that the same must be destroyed within fifteen (15) days; when the fifteen (15) days have elapsed, the reporting peace officer shall cause an investigation to be made of the aforesaid lands, and if any such plants be found growing thereon, the Marshal office shall cause the same to be destroyed by cutting and burning the same.
2. Whenever any such plants are destroyed by order of the Marshals as provided herein, the cost of the same shall, if the work or labor be furnished by the marshals, be taxed against the lands whereon the work was performed, and shall be a lien upon such land in all manner and respects as a lien of judgment.
D. Knowingly violating the provisions of subsection (B) of this section is hereby declared, as to the owner, or person in possession of such lands, to be a crime.
E. In lieu of the eradication procedures provided for in subsections (B) and (C) of this section, all species of plants from which controlled dangerous substances in Schedules I and II of the Uniform Controlled Dangerous Substances Act may be derived, may be disposed of pursuant to the provisions of 21 CNCA § 2505(C).
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-509.
§ 2510. Defenses-Descriptions
A. An exemption or exception set forth in this act shall constitute an affirmative defense. Such affirmative defense shall be in accordance with the presentation of an alibi defense prescribed in 22 CNCA § 585.
B. In any prosecution for a violation of any of the provisions of this act relating to a controlled dangerous substance named in any of the schedules set out in the act, it shall be sufficient in any information to allege a general description of the controlled dangerous substance and the schedule wherein listed without other specific description. Upon a trial under such information, it shall be sufficient to prove that the controlled dangerous substance is one listed within a particular Schedule without further identification.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-510.
ARTICLE VI. MISCELLANEOUS
Section
2603. Uniformity of interpretation
2604. Short title
2606. Severability
2608. Headings
§ 2603. Uniformity of interpretation
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states and nations which enact it.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-603.
§ 2604. Short title
This act shall be known and may be cited as the Uniform Controlled Dangerous Substances Act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-604.
§ 2606. Severability
The provisions of this act are severable and if any part or provision hereof shall be held void the decision of the Court so holding shall not affect or impair any of the remaining parts or provisions of this act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-606.
§ 2608. Headings
Article and section headings contained in this act shall not affect the interpretation of the meaning or intent of any provisions of this act.
LA 3-91, eff. February 9, 1991.
Renumbered from 63 CNCA § 2-608.
PART IX
BOATING SAFETY
CHAPTER 76
BOATING SAFETY ACT OF 2021
Article
4200. Short title
4201. Definitions
4202. Reserved
4202.1. Operators of emergency vessels--Exercise of certain privileges
4203-4205. Reserved
4206. Use of personal flotation devices
4207. Lights and other equipment
4208. Noise control equipment and noise levels
4209. Unlawful possession of vessel or motor--Penalties
4209.1. Knowingly receiving, possessing, selling or disposing of stolen or converted vessel or motor-Penalties
4209.2. Removing or falsifying identification number of vessel or motor-Penalties
4209.3. Making false statement in application for certificate of title or assignment thereof for stolen vessel or motor-Penalties
4209.4. Altering or forging certificate of title or assignment thereof-Penalties
4209.5. Injuring, tampering with or damaging vessel or motor or accessories, appurtenances or attachments thereto--Climbing into or upon vessel with intent to commit crime
4209.6. Falsely reporting theft or conversion of vessel or motor
4209.7. Additional unlawful acts-Penalties
4209.8. Inspections for purpose of locating stolen vessels and related equipment
4210. Operation of certain devices or vessels--Prohibited acts--Yielding to emergency vessels-Penalties
4210.1. Negligent homicide-Penalties
4210.2. Eluding or attempting to elude peace officer--Assisting peace officer-Arrests
4210.3. Transporting weapon in or discharging weapon from vessel--Exceptions-Penalties
4210.4. Care and prudent speed to be used in operation of vessel--Operation in wake zone--Parking, mooring or beaching in a swimming area-Violation
4210.5. Removing, tampering or interfering with or attaching vessel to waterway marker, navigational aid or buoy
4210.6. Sitting and standing in vessel while under way
4210.7. Occupying front or back deck of vessel while underway
4210.8. Operation or control of vessel under influence of alcohol or other intoxicating substance
4210.9. Implied consent to administer drug or alcohol test
4210.10. Qualified persons to withdraw blood
4210.11. Refusal to submit to drug or alcohol testing-Exceptions
4210.12. Laboratory report-Evidence
4210.13. Criminal trials--Use of alcohol or drug tests as evidence
4210.14. Use of other competent evidence
4211. Diving or submerging in body of water--Use of buoys--Operating vessel in diving area
4211.1. Inner tubes, air mattresses or floating chairs--Distance from shore restricted
4212. Towing person or persons using parasails, water skis or similar
devices--Time restrictions--Professional exhibitions excepted--Colliding with or striking object or person--Operation of personal watercraft
4213. Placing or disposing of marine sewage in Nation waters prohibited--Use of total retention marine toilets required
4214. Collision, accident, or other casualty--Rendering of assistance by vessel operator--Notice--Accident report--Notice to appear-Written report--Drug and alcohol test
4218. Violations-Penalties
4219. Nighttime speed limit
4220. Reserved
4221. Failure to comply with lawful order or directive of law enforcement officer
4222. Reserved
4230. Reserved
4231. Reserved
4232. Definitions--Requirements for persons younger than sixteen to operate certain motorized vessels, personal watercraft--Boating Safety Education Certificate
4233. Exceptions to certification requirement
4234. Unlawful acts regarding certificates
4235. Violation of certification requirement-Penalties
4236. Reserved
§ 4200. Short title
Section 4201 et seq. of this title shall be known and may be cited as the “Boating Safety Act of 2021”.
LA 18-21, eff. May 17, 2021
§ 4201. Definitions
In addition to the terms defined by the 63 O.S. § 4002, for the purposes of this Act:
1. “Buoy” means an anchored marker for marking a position on the water, or a hazard, shoal or mooring, or any other prohibitive activity area;
2. “Capacity plate” means a sign posted in view of the operator’s station on a vessel which designates the maximum weight capacity and horsepower restrictions of a vessel for safe operation;
3. “Diver’s flag” means a red flag not less than twenty (20) inches by twenty-four (24) inches with a four-inch white stripe running from one upper corner to a diagonal lower corner, and such flag is used to indicate a submerged diver;
4. “Emergency vessel” means any law enforcement vessel which is legally authorized to operate in the emergency mode;
5. “Law enforcement vessel” means any vessel legally authorized to operate under the color of law;
6. “Lienholder” means a person holding a security interest in a vessel, as shown on the vessel title;
7. “Manipulate” means to guide, steer or otherwise control;
8. “Marine sewage” means any substance, treated or untreated, that contains any of the waste products of humans or animals or foodstuffs;
9. “Marine toilet” means any latrine, head, lavatory or toilet intended to receive marine sewage and which is located on or in any vessel;
10. “Operator” means the person who operates, has actual physical control, or has charge of the navigation or use of a vessel;
11. “Parasail” means any device which, when airborne, is used or capable of being used for lifting or suspending a person who is being or will be towed by a vessel;
12. “Passenger” means any person riding in or upon any vessel or being towed for recreation on water skis, an inner tube, kneeboard, parasail or any similar device;
13. “Personal flotation device” means only a United States Coast Guard approved flotation device;
14. “Personal watercraft” means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, or a vessel which is similar in appearance and operation to a personal watercraft but which is powered by an outboard or propeller driven motor, or a vessel less than sixteen (16) feet in length which travels across the water above or on a cushion of air provided by engines, propellers or other means of propulsion;
15. “Sanctioned event” means any organized event on the waters of this Nation, including but not limited to regattas, motorboat or other boat races, marine parades, tournaments and exhibitions, which is approved and permitted by an authorizing agency;
16. “Under way” means the movement of a vessel whether by mechanical or non-mechanical means which is other than incidental to the force of wind, waves or current; and
17. “Wake” means the track of waves left by a vessel or other object moving through the water, and such waves are greater than the natural waves in the immediate area of the vessel, or are cresting and showing white water, or may cause injury or damage to any person or property.
LA 18-21, eff. May 17, 2021
§ 4202. Reserved
LA 18-21, eff. May 17, 2021
§ 4202.1. Operators of emergency vessels--Exercise of certain privileges
A. The operator of an emergency vessel, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a response to an emergency situation, may exercise the privilege set forth in this section, subject to the conditions set forth in subsection B of this section.
B. The operator of an emergency vessel may:
1. Park, moor or beach the vessel irrespective of the provisions of this title;
2. Proceed past a restrictive buoy, but only after slowing down as may be necessary for safe operation;
3. Exceed the maximum speed or wake limits so long as that action does not endanger life or property; and
4. Disregard rules governing direction of movement or turning in specified directions.
C. The exemptions granted in this section shall apply only when an emergency vessel is making use of audible and visual signals meeting the requirements of Section 4207 of this title.
D. The provisions of this section shall not relieve the operator of an emergency vessel from the duty to drive with due regard for the safety of all persons or protect the driver from the consequences of reckless disregard for the safety of others.
LA 18-21, eff. May 17, 2021
§§ 4203-4205. Reserved
LA 18-21, eff. May 17, 2021
§ 4206. Use of personal flotation devices
A. 1. The operator of a vessel less than twenty-six (26) feet in length, while under way, shall require each passenger who is twelve (12) years of age or younger to wear a personal flotation device.
2. Any person operating or manipulating, or who is a passenger on a personal watercraft, water skis, a sailboard or a similar device shall wear a personal flotation device approved and designed for the activity in which the person is engaged.
B. Each personal flotation device shall be in good and serviceable condition, of the type prescribed by the United States Coast Guard and of a size suitable to the person who is or will be wearing it. A ski belt is not a United States Coast Guard approved personal flotation device.
LA 18-21, eff. May 17, 2021
§ 4207. Lights and other equipment
A. Every vessel in all weathers between the hours from sunset to sunrise and during periods of restricted visibility shall carry and exhibit the lights prescribed by the United States Coast Guard when under way, including, but not limited to, the following:
1. Every power-driven vessel shall carry and exhibit:
a. a masthead light forward. A vessel less than twenty (20) meters, or less than sixty-five (65) feet seven and one-half (7 ½ ) inches in length need not exhibit this light forward of amidships but shall exhibit it as far forward as practicable, and
b. side lights, and
c. a stern light;
2. Any power-driven vessel of less than twelve (12) meters, or less than thirty-nine (39) feet four and one-half (4 ½ ) inches in length may carry and exhibit, in lieu of the lights prescribed in paragraph 1 of this subsection, an all-around white light and side lights;
3. Every sailing vessel shall carry and exhibit:
a. side lights, and
b. a stern light;
4. Any sailing vessel of less than twenty (20) meters, or less than sixty-five (65) feet seven and one-half (7 ½ ) inches, in length may combine the lights prescribed in paragraph 3 of this subsection within one lantern carried at or near the top of the mast where it can be seen as nearly all-around as possible;
5. Any sailing vessel may carry and exhibit, in addition to the lights prescribed in paragraph 3 of this subsection but not in conjunction with any combination lantern as provided in paragraph 4 of this subsection, two all-around lights in a vertical line, the upper being red and the lower being green, at or near the top of the mast where they can be seen as nearly all-around as possible;
6. Every sailing vessel of less than seven (7) meters, or less than twenty-three (23) feet eleven and one-half (11 ½ ) inches in length shall carry and exhibit if practicable, the lights prescribed in paragraph 3 or 4 of this subsection. If such exhibition is not practicable, there shall be carried ready at hand on the vessel a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision;
7. Every sailing vessel propelled by a combination of sail and motor shall carry and exhibit the lights of a power-driven vessel prescribed in paragraph 1 or 2 of this subsection;
8. Every manually powered vessel may carry and exhibit the lights prescribed in this subsection for sailing vessels. If such lights are not carried and exhibited, there shall be carried ready at hand on the vessel a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision; and
9. Every vessel at anchor shall carry and exhibit an all-around white light in such a position where it may best be seen. The deck of an anchored vessel may be illuminated by available auxiliary lights, provided the auxiliary lights do not interfere with the visibility of required lights or impair the safe navigation of other vessels.
For purposes of this section, “restricted visibility” shall mean any condition which restricts visibility including but not limited to fog, mist, falling snow, heavy rain or sandstorm.
B. Every vessel shall be provided with an efficient whistle or other sound-producing mechanical appliance; provided, however, no vessel, except for emergency and law enforcement vessels, shall be equipped with a siren.
C. Every vessel of eight (8) meters or greater, or twenty-six (26) feet three (3) inches or greater, in length shall be equipped with an efficient bell.
D. Every vessel shall be required to carry:
1. At least one wearable personal flotation device for each person on board so placed as to be readily accessible and of a size suitable to the person who is or will be wearing it; and
2. At least one type IV (throwable) personal flotation device on board, so placed as to be readily accessible. This paragraph shall not apply to any vessel under sixteen (16) feet in length.
All lifesaving devices shall be in good and serviceable condition.
E. Every vessel using flammable liquid as fuel shall be equipped with such number, size, and type of United States Coast Guard approved fire extinguisher as prescribed in the rules of the Department of Public Safety. Such extinguisher shall be capable of promptly and effectively extinguishing burning fuel. Fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed and secured to the vessel as to be readily accessible.
F. The provisions of subsections B, C, and E of this section shall not apply to vessels while competing in any race conducted pursuant to Section 4205 of this title, or, if such vessels are designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of vessels and motors for the race.
G. Every vessel shall have the carburetor or carburetors of every motor therein, except outboard motors, using any liquid as fuel, equipped with a United States Coast Guard or U.L. or S.A.E. approved backfire flame arrestor or other appropriate attachment, as prescribed by the rules of the Department of Public Safety.
H. Every vessel, except open vessels, using any liquid as fuel shall be provided with such means as may be prescribed by the United States Coast Guard for properly and efficiently ventilating the bilges of the motor and fuel tank compartments so as to remove any explosive or inflammable gases.
I. No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section or modification thereof and as prescribed in the rules of the Department of Public Safety.
LA 18-21, eff. May 17, 2021
§ 4208. Noise control equipment and noise levels
A. No person shall operate upon the waters of this Nation any vessel or motor which is not equipped with a muffler or muffler system in good working order. The use of cutouts, removal of mufflers or muffler baffles, cutting or punching of holes in mufflers or otherwise modifying the original muffler or muffling system installed by the manufacturer or any subsequent muffler or muffling system so as to increase or modify the noise level is prohibited. This section shall not apply to vessels in the act of participating in a sanctioned event.
B. No person shall authorize, cause or permit unnecessary sounding of any whistle, horn, bell, siren or other sound-producing device on a vessel while such vessel is within any harbor limits or in areas of congested vessel traffic.
LA 18-21, eff. May 17, 2021
§ 4209. Unlawful possession of vessel or motor--Penalties
A person not entitled to possession of a vessel or motor who, without the consent of the owner and with intent to deprive him of the vessel or motor or its possession, takes, uses, or operates the vessel or motor, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
LA 18-21, eff. May 17, 2021
§ 4209.1. Knowingly receiving, possessing, selling or disposing of stolen or converted vessel or motor--Penalties
A person not entitled to the possession of a vessel or motor who receives, possesses, sells or disposes of such vessel or motor, knowing said vessel or motor to be stolen or converted under circumstances constituting a crime, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
LA 18-21, eff. May 17, 2021
§ 4209.2. Removing or falsifying identification number of vessel or motor--Penalties
A. As used in this section:
1. “Identification number” includes any identifying number, serial number, motor serial number or other distinguishing number or mark, placed on a vessel or motor by its manufacturer or by authority of an appropriate registering jurisdiction in accordance with the laws of another tribe, state, or country;
2. “Remove” includes deface, cover and destroy; and
3. “Falsify” includes alter and forge.
B. Any person or persons who shall remove or falsify or cause to be removed or falsified the hull identification number of a vessel or motor in this Nation, without first giving notice of such act to the registering jurisdiction, upon such form as such jurisdiction may prescribe, or any person who shall give a wrong description in any application for the registration of any vessel or motor in this Nation for the purpose of concealing or hiding the identity of such vessel or motor, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for not more than three (3) years, or by both such fine and imprisonment.
C. A person who buys, receives, possesses, sells or disposes of a vessel or motor, knowing that the identification number of the vessel or motor has been removed or falsified, upon conviction, shall be guilty of a misdemeanor.
D. A person who buys, receives, possesses, sells or disposes of a vessel or motor, knowing that the identification number of the vessel or motor has been removed or falsified and with intent to conceal or misrepresent the identity of the vessel or motor, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than three (3) years, or by both such fine and imprisonment.
E. An identification number may be placed on a vessel or motor by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the Commission without violating this section. An identification number so placed or restored is not falsified.
LA 18-21, eff. May 17, 2021
§ 4209.3. Making false statement in application for certificate of title or assignment thereof for stolen vessel or motor--Penalties
Any person who shall knowingly make any false statement of a material fact, either in his application for a certificate of title, as provided for in this title, or in any assignment thereof, or who, with intent to procure or pass title to a vessel or motor which he knows or has reason to believe has been stolen, or who shall receive or transfer possession of the same from or to another, or who shall have in his possession any vessel or motor which he knows or has reason to believe has been stolen, and who is not a duly authorized peace officer of this Nation engaged at the time in the performance of his duty as such officer, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by imprisonment for not more than three (3) years, or by both such fine and imprisonment This provision shall not be exclusive of any other penalties prescribed by an existing or future law for the larceny or unauthorized taking of a vessel or motor.
LA 18-21, eff. May 17, 2021
§ 4209.4. Altering or forging certificate of title or assignment thereof--Penalties
Any person who shall alter or forge, or cause to be altered or forged, any certificate of title issued by the Cherokee Nation Tax Commission, pursuant to the provisions of this title, or any assignment thereof, or who shall hold or use any such certificate or assignment, knowing the same to have been altered or forged, upon conviction, shall be guilty of a felony and shall be punished by a fine of not less than Fifty Dollars ($50.00), and not more than Five Thousand Dollars ($5,000.00), or by imprisonment for a period of not more than three (3) years, or by both such fine and imprisonment.
LA 18-21, eff. May 17, 2021
§ 4209.5. Injuring, tampering with or damaging vessel or motor or accessories, appurtenances or attachments thereto--Climbing into or upon vessel with intent to commit crime
A. A person who, with intent and without right to do so, injures or tampers with any vessel or motor or in any other manner damages any part or portion of said vessel or motor or any accessories, appurtenance or attachments thereto, upon conviction, shall be guilty of a misdemeanor.
B. A person who, without right to do so and with intent to commit a crime, climbs into or upon a vessel whether it is in motion or at rest, attempts to manipulate any of the levers, starting mechanism or other mechanism or device of a vessel while the same is at rest and unattended, or sets in motion any vessel while the same is at rest and unattended, upon conviction, shall be guilty of a misdemeanor.
LA 18-21, eff. May 17, 2021
§ 4209.6. Falsely reporting theft or conversion of vessel or motor
A person who knowingly makes a false report of the theft or conversion of a vessel or motor to any duly authorized peace officer of this Nation, upon conviction, shall be guilty of a misdemeanor.
LA 18-21, eff. May 17, 2021
§ 4209.7. Additional unlawful acts--Penalties
A. Except as otherwise authorized by law, it shall be unlawful for any person to commit any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by, one not entitled thereto any certificate of title or certificate of registration issued to or in the custody of the person so lending or permitting the use thereof;
2. To alter or in any manner change a certificate of title or certificate of registration issued under the laws of this Nation or any state;
3. To purchase identification or number plates on a certificate of title assigned to another vessel or motor; or
4. To sell or dispose of, in any manner, a used vessel or motor without delivering to the purchaser a valid certificate of title in such purchaser’s name or one properly and completely assigned to him at the time of sale.
B. Anyone violating any of the provisions of this section, upon conviction, shall be guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00).
LA 18-21, eff. May 17, 2021
§ 4209.8. Inspections for purpose of locating stolen vessels and related equipment
Any peace officer of this Nation may inspect any vessel, motor, trailer, or related equipment in any public garage or repair shop or in any place where such vessel, motor, trailer or related equipment is being held for sale or wrecking, for the purpose of locating stolen vessels, motors, trailers, or related equipment and investigating the title and registration of those items.
LA 18-21, eff. May 17, 2021
§ 4210. Operation of certain devices or vessels--Prohibited acts--Yielding to emergency vessels--Penalties
A. No person shall operate, manipulate or give permission to any person to operate or manipulate any parasails, water skis, surfboard, personal watercraft, or similar device, or any vessel in a reckless or negligent manner so as to endanger the life or property of any person.
B. No person shall lease or otherwise give permission to another person to operate any vessel on any waters of this Nation, except privately owned waters, while the operator is under the influence of alcohol or any substance included in the Uniform Controlled Dangerous Substances Act or any combination of alcohol and such substance.
C. Upon the immediate approach of an authorized emergency vessel making use of an audible or a visual signal or a combination thereof, the operator of every other vessel shall immediately stop his or her vessel whenever or wherever practical or otherwise yield the right-of-way until such authorized emergency vessel has passed, except when otherwise directed by a duly authorized peace officer of this Nation.
D. No person shall overload or give permission to overload a vessel with passengers or gear so as to exceed the posted capacity plate, United States Coast Guard standards, or the vessel manufacturer’s recommended capacity.
E. No person shall operate or give permission to operate any vessel on the waters of this Nation for which the manufacturer has affixed a maximum horsepower capacity plate so as to exceed the posted capacity plate or to exceed the United States Coast Guard standards for maximum horsepower capacity; provided, this provision shall not apply to vessels operating in sanctioned events.
F. No person shall operate, drive or be in actual physical control of any vessel on any waters of this Nation, except privately owned waters, at speeds in excess of the speed limits established for those waters.
G. No person shall operate on the waters of this Nation, except privately owned waters, any vessel, including personal watercraft, within fifty (50) feet in proximity to another vessel when running at speeds of over ten (10) miles per hour; provided, this prohibition shall not apply to vessels operating in sanctioned events.
H. Any violation of the provisions of this section shall constitute a misdemeanor and shall be punishable, upon conviction, by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00) and shall be subject to imprisonment in the county jail for a period not to exceed six (6) months.
LA 18-21, eff. May 17, 2021
§ 4210.1. Negligent homicide--Penalties
A. When the death of any person ensues within one (1) year as a proximate result of injury received by the operating of a vessel by any person sixteen (16) years of age or older in reckless disregard of the safety of others, the person so operating such vessel shall be guilty of negligent homicide.
B. Any person convicted of negligent homicide shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
LA 18-21, eff. May 17, 2021
§ 4210.2. Eluding or attempting to elude peace officer--Assisting peace officer--Arrests
Any operator of a vessel who has received a visual and audible signal, a red light and a siren, from any duly authorized peace officer of this Nation, operating a vessel showing the same to be a law enforcement vessel, directing the said operator to bring his vessel to a stop and who willfully increases his speed or extinguishes his lights in an attempt to elude such officer, or willfully attempts in any other manner to elude the officer, or who does elude such officer, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
Said peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other duly authorized peace officers from any office, department or agency of this Nation. Any such officer within this Nation, having knowledge of such request, is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause.
LA 18-21, eff. May 17, 2021
§ 4210.3. Transporting weapon in or discharging weapon from vessel--Exceptions--Penalties
It shall be unlawful to transport a shotgun, rifle or pistol in or to discharge such weapons from a vessel, except for the purposes of hunting animals or fowl, and in compliance with existing tribal, state, and federal laws. Anyone violating the provisions of this section, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) and not more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for not less than ten (10) days and not more than six (6) months, or by both such fine and imprisonment. Any person in possession of a valid handgun license from this Nation or a reciprocal state shall not be deemed guilty of transporting a pistol in violation of this section when a handgun is carried concealed or unconcealed upon or about their person in compliance with the provisions of the laws of this Nation.
LA 18-21, eff. May 17, 2021
§ 4210.4. Care and prudent speed to be used in operation of vessel--Operation in wake zone--Parking, mooring or beaching in a swimming area--Violation
A. Any person who operates or gives permission to operate a vessel on any waters of this Nation shall operate the same at a careful and prudent speed not greater than nor less than is reasonable or proper, having due regard to other vessels, water skiers, swimmers, sanctioned events, restrictive and informational markers or buoys, existing wind conditions, waves, wakes or other weather conditions then existing.
B. No person shall operate or give permission to operate a vessel in a wake zone at a speed which is other than reasonable and prudent and which shows due regard for the existence of actual or potential hazards and obstacles, or in such a manner as to endanger the life, limb or property of any other person, or in such a manner as to create a wake. For the purpose of this title, “no wake zone” means any area posted with buoys or within one hundred fifty (150) feet of any boat ramp, dock, pier, or anchored or moored vessel.
C. No person shall park, moor, or beach a vessel at the perimeter of or within a swimming area marked with buoys and cable.
D. Any violation of the provisions of this section shall constitute a careless act in the operation of the vessel.
LA 18-21, eff. May 17, 2021
§ 4210.5. Removing, tampering or interfering with or attaching vessel to waterway marker, navigational aid or buoy
No person shall remove, tamper or otherwise interfere with or attach or moor a vessel to the anchor cable or any other part of any waterway marker, navigational aid or buoy.
LA 18-21, eff. May 17, 2021
§ 4210.6. Sitting and standing in vessel while under way
No person shall sit or ride on the sides of any vessel or the back of any seat of a vessel while under way at any speed greater than idle or trolling speed; provided, however, the operator of such vessel may stand if said vessel is specifically designed to be operated from a standing position. No person shall sit or ride on the covered bow of any vessel while under way at any speed greater than idle or trolling speed unless such vessel is designed as such to allow access to the covered bow by way of side walkways or factory-equipped walk-through areas which are surrounded by life rails, deck rails, bow rails, or other such enclosure extending at least twenty-four (24) inches above the deck; provided, that no person riding in or operating a vessel shall extend any appendage over the edge of the vessel either above or below the rail if such vessel is at any speed greater than idle or trolling speed. No person shall stand on the covered bow of any vessel while under way at a speed greater than idle or trolling speed.
LA 18-21, eff. May 17, 2021
§ 4210.7. Occupying front or back deck of vessel while underway
No operator shall allow any person to occupy the front or back deck of any vessel while under way at any speed greater than idle or trolling speed unless such vessel is equipped with factory-installed seating or is designed as such to allow access to the front or back deck by way of side walkways or factory-equipped, walk-through areas to a flat deck surrounded by life rails, deck rails, stern rails, bow rails, or other such enclosures extending at least twenty-four (24) inches above the deck.
LA 18-21, eff. May 17, 2021
§ 4210.8. Operation or control of vessel under influence of alcohol or other intoxicating substance
A. It shall be unlawful for any person to operate or be in actual physical control of a vessel upon the waters of this Nation, except privately owned waters, who:
1. Has a blood or breath alcohol concentration of eight-hundredths (0.08) or more at the time of a test of the person’s blood or breath;
2. Is under the influence of any other intoxicating substance to a degree which renders such person incapable of safely operating a vessel upon the waters of this Nation; or
3. Is under the influence of alcohol and any other intoxicating substance to a degree which renders such person incapable of safely operating a vessel upon the waters of this Nation.
As used in this section, “other intoxicating substance” means any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act1 or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions.
B. 1. Any person operating a vessel upon the waters of this Nation, except privately owned waters, shall be deemed to have given consent to a test or tests of such person’s blood, breath, saliva or urine for the purpose of determining the presence and concentration of alcohol or any other intoxicating substance. Such tests shall be performed within two (2) hours of an arrest and in the same manner as provided for in 47 CNCA § 752.
2. Evidence that the person has refused to submit to a test or tests as required by this section shall be admissible upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed in violation of the provisions of this section.
3. Any person refusing to submit to such test or tests shall be in violation of this section and subject to the fines provided for herein.
C. Any person convicted of a violation of this section shall be guilty of a misdemeanor and fined in an amount not to exceed One Thousand Dollars ($1,000.00). Any second or subsequent conviction shall be punishable by a fine in an amount of not less than One Thousand Dollars ($1,000.00), nor more than Two Thousand Five Hundred Dollars ($2,500.00).
LA 18-21, eff. May 17, 2021
§ 4210.9. Implied consent to administer drug or alcohol test
A. 1. Any person who operates a vessel upon the waters of this Nation shall be deemed to have given consent to a test or tests of the blood or breath of the person, for the purpose of determining the alcohol concentration as defined in Section 7 of this act, and the blood, saliva or urine of the person, for the purpose of determining the presence or concentration of any other intoxicating substance as defined in this section, if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a vessel upon the waters of this Nation while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, or if the person is involved in a boating collision that resulted in the immediate death or serious injury of any person and is removed from the scene of the collision to a hospital or other health care facility outside this Nation before a law enforcement officer can effect an arrest.
2. A law enforcement officer, having reasonable grounds to believe that such person was operating or in actual physical control of a vessel while under the influence may direct the administration of or administer the test or tests.
3. As used in this section, “other intoxicating substance” means any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions.
B. 1. The law enforcement agency by which the arresting officer is employed may designate, in accordance with the rules of the Board of Tests for Alcohol and Drug Influence, whether blood or breath is to be tested for the alcohol concentration thereof, and whether blood, saliva or urine is to be tested for the presence or concentration of any other intoxicating substance therein.
2. In the event the law enforcement agency does not designate the test to be administered, breath shall be the substance tested for alcohol concentration. Blood may also be tested to determine the alcohol concentration thereof in the event that breath cannot be tested to determine the alcohol concentration thereof because of the lack of an approved device or qualified person to administer a breath test or because such breath test for any other reason cannot be administered in accordance with the rules of the Board.
3. In the event the law enforcement agency does not designate the test to be administered, blood, saliva or urine shall be the substance tested for the presence or concentration of any other intoxicating substance or the combination of alcohol and any other intoxicating substance.
C. In the event the person is incapable of submitting to and successfully completing, by reason of illness or injury or other physical disability, the test to be administered, an alternate test may be administered in accordance with the rules of the Board.
D. 1. Any person who is unconscious or otherwise incapable of refusing to submit to a test of the blood or breath of the person to determine the alcohol concentration thereof, or to a test of the blood, saliva or urine of the person to determine the presence or concentration of any other intoxicating substance therein, shall be deemed not to have withdrawn the consent provided by subsection A of this section, and such test may be administered as provided herein.
2. An unconscious person who has been issued a citation by a law enforcement officer for one of the offenses listed in subsection A of this section is arrested for purposes of this section. The arresting officer must leave a copy of the citation with the arrested person which may be accomplished by handing it to the arrested person, or by leaving it with the personal effects of the arrested party, so as to inform the unconscious person of the arrest.
3. Any person who has been arrested for one of the offenses listed in subsection A of this section who is unconscious or injured and who requires immediate medical treatment as determined by a treating physician may be released by the arresting officer on the recognizance of the person for medical reasons. The arresting officer who releases an arrested person on the recognizance of the person must indicate the release on the face of the citation. Any person released on his or her own recognizance for medical reasons shall remain at liberty pending the filing of charges.
E. In addition to any test designated by the arresting officer, the arrested person may also designate any additional test to be administered to determine the concentration of alcohol, or the presence or concentration of any other intoxicating substance or the combination of alcohol and any other intoxicating substance. The cost of such additional test shall be at the expense of the arrested person.
A sufficient quantity of any specimen obtained at the designation of the arrested person shall be available to the law enforcement agency employing the arresting officer. Such specimens shall be treated in accordance with the rules applicable to the specimens obtained by an arresting officer.
F. When a law enforcement officer has determined that the blood alcohol content of an individual is to be tested for the presence or concentration of alcohol, other intoxicating substance, or the combination of alcohol and any other intoxicating substance, the law enforcement officer shall inform the individual to be tested that the withdrawal of blood shall only be performed by certain medical personnel as provided for in this act.
LA 18-21, eff. May 17, 2021
§ 4210.10. Qualified persons to withdraw blood
A. Only a licensed medical doctor, licensed osteopathic physician, licensed chiropractic physician, registered nurse, licensed practical nurse, or physician’s assistant, certified by the State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners or Board of Chiropractic Examiners; an employee of a hospital or other health care facility authorized by the hospital or health care facility to withdraw blood; or other qualified person authorized by the Board of Tests for Alcohol and Drug Influence acting at the request of a law enforcement officer, may withdraw blood for purpose of having a determination made of its concentration of alcohol or the presence or concentration of other intoxicating substance. Only qualified persons authorized by the Board of Tests for Alcohol and Drug Influence may collect breath, saliva or urine, or administer tests of breath under the provisions of this section.
B. If the person authorized to withdraw blood as specified in subsection A of this section is presented with a written statement:
1. Authorizing blood withdrawal signed by the person whose blood is to be withdrawn;
2. Signed by a duly authorized peace officer that the person whose blood is to be withdrawn has agreed to the withdrawal of blood;
3. Signed by a duly authorized peace officer that the person whose blood is to be withdrawn has been placed under arrest and that the officer has probable cause to believe that the person, while intoxicated, has operated a vessel in such manner as to have caused the death or serious physical injury of another person, or the person has been involved in a boating collision and has been removed from the scene of the collision that resulted in the death or great bodily injury of any person, as defined in subsection B of 21 CNCA § 646, to a hospital or other health care facility outside the State of Oklahoma before the law enforcement officer was able to effect an arrest for such offense; or
4. In the form of an order from a district court that blood be withdrawn, the person authorized to withdraw the blood and the hospital or other health care facility where the withdrawal occurs may rely on such a statement or order as evidence that the person has consented to or has been required to submit to the clinical procedure and shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to perform the procedure, the employer of such person, and the hospital or other health care facility shall not be liable in any action alleging lack of consent or lack of informed consent.
C. No person specified in subsection A of this section, no employer of such a person, and no hospital or other health care facility where blood is withdrawn shall incur any civil or criminal liability as a result of the proper withdrawal of blood when acting at the request of a law enforcement officer by the provisions of this title, or when acting in reliance upon a signed statement or court order as provided in this section, if the act is performed in a reasonable manner according to generally accepted clinical practice. No person specified in subsection A of this section shall incur any civil or criminal liability as a result of the proper collection of breath, saliva or urine when acting at the request of a law enforcement officer under the provisions of this title or when acting pursuant to a court order.
D. The blood, breath, saliva or urine specimens obtained shall be tested by the appropriate test as determined by the Board of Tests for Alcohol and Drug Influence, or tested by a laboratory that is exempt from the Board rules pursuant to 47 CNCA § 759, to determine the alcohol concentration thereof, or the presence and concentration of any other intoxicating substance which might have affected the ability of the person tested to operate a vessel safely.
E. When blood is withdrawn or saliva or urine is collected for testing of its alcohol concentration or other intoxicating substance presence or concentration, at the request of a law enforcement officer, a sufficient quantity of the same specimen shall be obtained to enable the tested person, at his or her own option and expense, to have an independent analysis made of such specimen. The excess blood, saliva or urine specimen shall be retained by a laboratory approved by the Board of Tests for Alcohol and Drug Influence, in accordance with the rules and regulations of the Board, or by a laboratory that is exempt from the Board rules pursuant to 47 CNCA § 759, for sixty (60) days from the date of collection. At any time within that period, the tested person or his or her attorney may direct that such blood, saliva or urine specimen be sent or delivered to a laboratory of his or her own choosing and approved by the Board for an independent analysis. Neither the tested person, nor any agent of such person, shall have access to the additional blood, saliva or urine specimen prior to the completion of the independent analysis, except the analyst performing the independent analysis and agents of the analyst.
F. When a test of breath is performed for the purpose of determining the alcohol concentration thereof, except when such test is performed by means of an automated analyzer as designated by the Board of Tests for Alcohol and Drug Influence, a sufficient quantity of breath, or of the alcohol content of a fixed or measured quantity of breath, shall be obtained, in accordance with the rules and regulations of the Board to enable the tested person, at his or her own option and expense, to have an independent analysis made of such specimen. The excess specimen of breath, or of its alcohol content, shall be retained by the law enforcement agency employing the arresting officer, in accordance with the rules and regulations of the Board, for sixty (60) days from the date of collection. At any time within that period, the tested person, or his or her attorney, may direct that such specimen be sent or delivered to a laboratory of his or her own choosing and approved by the Board for an independent analysis. Neither the tested person, nor any agent of such person, shall have access to the additional specimen of breath, or of its alcohol content, prior to the completion of the independent analysis thereof, except the analyst performing the independent analysis and agents of the analyst.
G. The costs of collecting blood, breath, saliva or urine specimens for the purpose of determining the alcohol or other intoxicating substance thereof, by or at the direction of a law enforcement officer, shall be borne by the law enforcement agency employing such officer. The cost of collecting, retaining and sending or delivering to an independent laboratory the excess specimens of blood, breath, saliva or urine for independent analysis at the option of the tested person shall also be borne by such law enforcement agency. The cost of the independent analysis of such specimen of blood, breath, saliva or urine shall be borne by the tested person at whose option such analysis is performed. The tested person, or his or her agent, shall make all necessary arrangements for the performance of such independent analysis other than the forwarding or delivery of such specimen.
H. Tests of blood or breath for the purpose of determining the alcohol concentration thereof, and tests of blood, saliva or urine for the purpose of determining the presence or concentration of any other intoxicating substance therein, under the provisions of this section, whether administered by or at the direction of a law enforcement officer or administered independently, at the option of the tested person, on the excess specimen of such person’s blood, breath, saliva or urine, to be considered valid and admissible in evidence under the provisions of this section, shall have been administered or performed in accordance with the rules and regulations of the Board of Tests for Alcohol and Drug Influence, or performed by a laboratory that is exempt from the Board rules pursuant to 47 CNCA § 759.
I. Any person who has been arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a vessel while under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance, who is not requested by a law enforcement officer to submit to a test, shall be entitled to have an independent test of his or her blood, breath, saliva or urine, which is appropriate as determined by the Board of Tests for Alcohol and Drug Influence for the purpose of determining its alcohol concentration or the presence or concentration of any other intoxicating substance therein, performed by a person of his or her own choosing who is qualified as stipulated in this section. The arrested person shall bear the responsibility for making all necessary arrangements for the administration of such independent test and for the independent analysis of any specimens obtained, and bear all costs thereof. The failure or inability of the arrested person to obtain an independent test shall not preclude the admission of other competent evidence bearing upon the question of whether such person was under the influence of alcohol, or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance.
J. Any agency or laboratory certified by the Board of Tests for Alcohol and Drug Influence or any agency or laboratory that is exempt from the Board rules pursuant to 47 CNCA § 759, which analyzes breath, blood, or urine shall make available a written report of the results of the test administered by or at the direction of the law enforcement officer to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety; and
3. The Fatality Analysis Reporting System (FARS) analyst of the state, upon request.
The results of the tests provided for in this section shall be admissible in civil actions.
LA 18-21, eff. May 17, 2021
§ 4210.11. Refusal to submit to drug or alcohol testing--Exceptions
If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the presence or concentration of any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, none shall be given, unless the investigating officer has probable cause to believe that the person under arrest, while intoxicated, has operated a vessel in such a manner as to have caused the death or serious physical injury of any other person or persons. In that event, the test otherwise authorized by law may be made in the same manner as if a search warrant had been issued for the test or tests. The sample shall be taken in a medically acceptable manner at a hospital or other suitable health care facility.
LA 18-21, eff. May 17, 2021
§ 4210.12. Laboratory report--Evidence
A. At any proceeding held relevant to this act, a report of the findings of the laboratory of the Oklahoma State Bureau of Investigation, the medical examiner’s report of investigation or autopsy report, or a laboratory report from a forensic laboratory operated by the State of Oklahoma or any political subdivision thereof, which has been made available to the person or an authorized representative at least five (5) days prior to the hearing, with reference to all or part of the evidence submitted, when certified as correct by the persons making the report shall be received as evidence of the facts and findings stated, if relevant and otherwise admissible in evidence. If the report is deemed relevant by either party, the court shall admit the report without the testimony of the person making the report, unless the court, pursuant to this subsection, orders the person to appear.
B. When any alleged controlled dangerous substance has been submitted to the laboratory of the Oklahoma State Bureau of Investigation for analysis, and the analysis shows that the submitted material is a controlled dangerous substance, the distribution of which constitutes a felony under the laws of this Nation, no portion of the substance shall be released to any other person or laboratory absent an order of a district court. The defendant shall additionally be required to submit to the court a procedure for transfer and analysis of the subject material to ensure the integrity of the sample and to prevent the material from being used in any illegal manner.
C. The court, upon motion of either party, shall order the attendance of any person preparing a report submitted as evidence in the hearing when it appears there is a substantial likelihood that material evidence not contained in the report may be produced by the testimony of any person having prepared a report.
D. If within five (5) days prior to the hearing or during a hearing, a motion is made pursuant to this section requiring a person having prepared a report to testify, the court may hear a report or other evidence but shall continue the hearing until such time notice of the motion and hearing is given to the person making the report, the motion is heard, and, if sustained, the testimony ordered can be given.
LA 18-21, eff. May 17, 2021
§ 4210.13. Criminal trials--Use of alcohol or drug tests as evidence
A. Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, evidence of the alcohol concentration in the blood or breath of the person as shown by analysis of the blood or breath of the person performed in accordance with the provisions of Section 4 of this act and 47 CNCA § 759 or evidence of the presence or concentration of any other intoxicating substance as shown by analysis of such person’s blood, breath, saliva, or urine specimens in accordance with the provisions of Section 4 of this act and 47 CNCA § 759 shall be admissible. Evidence that the person has refused to submit to either of said analyses is also admissible. For the purpose of this section, when the person is under the age of twenty-one (21) years, evidence that there was, at the time of the test, any measurable quantity of alcohol is prima facie evidence that the person was under the influence of alcohol in violation of Section 3 of this act. For persons twenty-one (21) years of age or older:
1. Evidence that there was, at the time of the test, an alcohol concentration of seven-hundredths (0.07) or less is prima facie evidence that the person was not under the influence of alcohol; and
2. Evidence that there was, at the time of the test, an alcohol concentration of eight-hundredths (0.08) or more shall be admitted as prima facie evidence that the person was under the influence of alcohol.
B. For purposes of this section, “alcohol concentration” means grams of alcohol per one hundred (100) milliliters of blood if the blood was tested, or grams of alcohol per two hundred ten (210) liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence shall first be qualified by establishing that the test was administered to the person within two (2) hours after the arrest of the person.
LA 18-21, eff. May 17, 2021
§ 4210.14. Use of other competent evidence
The provisions of this act do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol or any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance.
LA 18-21, eff. May 17, 2021
§ 4211. Diving or submerging in body of water--Use of buoys--Operating vessel in diving area
A. Any person diving or submerging in a body of water with the aid of any mechanical diving or breathing device or suit shall place a buoy with a flag in the water at or near the point of submergence or fly a flag from a vessel indicating divers are present, in the following manner:
1. Either the nationally recognized diver’s flag or Alpha flag may be flown;
2. When flown from a vessel, at least one flag shall be flown not less than one (1) meter above the highest point of the vessel and shall be visible from a three-hundred-sixty-degree circle;
3. The buoy, flag or flags shall be in place only while actual diving operations are in progress;
4. No diving buoys may be closer than one hundred (100) yards to any functional boat ramp; and
5. The flag or flags shall be in good condition and legible, and the flag shall be in the extended position so as to be visible to any other vessel.
B. It shall be unlawful for any person to operate a vessel within one hundred fifty (150) feet of a diving buoy except while engaged in the rescue of a person in such area.
LA 18-21, eff. May 17, 2021
§ 4211.1. Inner tubes, air mattresses or floating chairs--Distance from shore restricted
Inner tubes, air mattresses, floating chairs or similar devices shall not be more than fifty (50) feet from shore when being used by a swimmer.
LA 18-21, eff. May 17, 2021
§ 4212. Towing person or persons using parasails, water skis or similar devices--Time restrictions--Professional exhibitions excepted--Colliding with or striking object or person--Operation of personal watercraft
A. 1. No person shall operate or give permission to operate a vessel on any waters of this Nation for towing a person or persons using parasails or on water skis, a surfboard, or similar device unless there is in such vessel:
a. a person who is at least eight (8) years old, and who, in addition to the operator, is in a position to observe the progress of the person or persons being towed,
b. if the vessel is not a personal watercraft, an efficient wide angle convex rear view mirror installed on such vessel in such manner as to permit the person operating said vessel to face the direction of travel and be in a position to observe the progress of the person or persons being towed, or
c. if the vessel is a personal watercraft, two efficient wide angle convex rear view mirrors installed on such vessel in such manner as to permit the person operating such watercraft to face the direction of travel and be in a position to observe the progress of the person or person being towed.
2. Water skiing shall be allowed with any watercraft which is designed to accommodate two or more persons.
B. No person shall operate or give permission to operate a vessel on any waters of this Nation towing a person or persons using parasails or on water skis, a surfboard, a sailboard or similar device nor shall any person engage in parasailing, water skiing, surfboarding, sailboarding or similar activity at any time between the hours from sunset to sunrise or at such time visibility due to other existing conditions is obscured so as to endanger life or property.
C. The provisions of subsections A and B of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Section 4205 of this title.
D. No person shall operate or give permission to operate or manipulate any vessel, tow rope or other device by which the direction or location of parasails, water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the parasails, water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.
E. 1. No person shall operate or give permission to operate a personal watercraft or similar device capable of being remote controlled by the skier unless such device is factory equipped with an engine kill switch capable of shutting off the engine in the event the skier becomes detached from the personal watercraft device. A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch shall attach such lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel.
2. No person shall operate a personal watercraft at any time between the hours from sunset to sunrise unless equipped with prescribed lights.
LA 18-21, eff. May 17, 2021
§ 4213. Placing or disposing of marine sewage in Nation waters prohibited--Use of total retention marine toilets required
A. No person shall place or dispose of marine sewage in any waters of this Nation.
B. On and after July 1, 1995, no person shall operate a vessel equipped with a marine toilet which is not a total retention system in accordance with federal regulations regarding marine toilets.
LA 18-21, eff. May 17, 2021
§ 4214. Collision, accident, or other casualty--Rendering of assistance by vessel operator--Notice--Accident report--Notice to appear--Written report--Drug and alcohol test
A. The operator and/or passenger of a vessel involved in a collision, accident, or other casualty, shall render to other persons involved in the collision, accident, or other casualty reasonable assistance as may be necessary and practicable and shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality, or to the office of the county sheriff or nearest state highway patrol headquarters after complying with the requirements of this section. The operator of a vessel involved in a collision, accident, or other casualty shall give his name, address, and identification of his vessel, in writing, to any person injured in the collision, accident, or other casualty and to the owner of any property damaged in the collision, accident, or other casualty.
B. Any operator of a vessel involved in a collision, accident, or other casualty who could be cited for a violation of the Boating Safety Act of 2021 where the collision, accident or other casualty resulted in the immediate death or great bodily injury, as defined in subsection B of 21 CNCA § 646, of any person shall submit to drug and alcohol testing as soon as practicable after such collision, accident or other casualty occurs. The boating violation shall constitute probable cause for purposes of 47 CNCA § 752 and the procedures found in 47 CNCA § 752 shall be followed to determine the presence of alcohol or controlled dangerous substances within the blood system of the operator of the vessel.
C. If a collision, accident, or other casualty results in death or injury to a person or damage to property in excess of Two Thousand Dollars ($2,000.00), the operator of the vessel involved in the collision, accident, or other casualty shall file with the Department of Public Safety a full description of the collision, accident, or other casualty, and such information as the Department may require. No person shall be prosecuted or subjected to any penalty for providing such report to the Department and any statement or information included in such report shall not be received against the person upon any criminal investigation, proceeding or trial.
D. Whenever a person is halted by any duly authorized peace officer of this Nation for any violation of this act, which shall be punishable as a misdemeanor, the officer shall prepare in quadruplicate using the “Uniform Violations Complaint”, a written notice to appear in court, such notices to appear to be serially numbered, containing the name and address of the person, the registration number of the vessel, if any, the offense charged, the time and place when and where the person shall appear in court, and such other pertinent information as may be necessary.
E. The time specified in the notice to appear must be at least five (5) calendar days after the alleged violation unless the person charged with the violation shall demand an earlier hearing.
F. The person charged with the violation may give his written promise to appear in court by signing the written notice to appear prepared by the officer, in which event the officer shall deliver a copy of the notice to appear to the person, and thereupon the officer shall not take the person into physical custody for the violation.
G. If the person charged with the violation is a minor, then the citing officer shall ascertain from the minor the name and address of the parents or legal guardian of the minor, and the officer shall cause a copy of the “violation” to be mailed to the address of the parents or legal guardian, within three (3) calendar days after the date of violation.
H. Except for felony violations, any duly authorized peace officer of this Nation at the scene of a boating accident may issue a written notice to appear to the operator of a vessel involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense in connection with the accident.
I. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department of Public Safety pursuant to this section shall be transmitted to the official or agency of the United States.
J. Any employee or officer of an agency of this Nation, or employee or officer of a municipality or county in this state, shall make a written report to the Department of Public Safety if an occurrence involving a vessel or its equipment results in one or more of the following:
1. A person dies;
2. A person is injured and requires medical treatment beyond first aid;
3. Damage to the vessel and other property totals more than Two Thousand Dollars ($2,000.00) or there is a complete loss of the vessel;
4. A person disappears from the vessel under circumstances that indicate death or injury;
5. A person drowns in swimming to retrieve a vessel that is adrift from its mooring or dock, having departed from a position of inherent safety such as a shore or pier;
6. A person drowns while swimming from a vessel for pleasure and the vessel does not contribute to the drowning;
7. A person drowns after falling from a vessel that is moored or anchored for use as a swimming platform or other purpose;
8. A person dies or is injured while in the act of launching a vessel into a body of water;
9. A person drowns or is injured while surfing;
10. A fatality or injury occurs to an operator or a crew member while participating in an organized/sanctioned race, or warm-up, in a vessel uniquely designed for racing; or
11. Damage, injury or death on a docked, moored or anchored vessel resulting from unusual wake or wave conditions.
LA 18-21, eff. May 17, 2021
§ 4218. Violations--Penalties
A. Except as otherwise provided by the provisions of this section, any person violating the provisions of the Boating Safety Act of 2021 for which another penalty is not provided, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed Fifty Dollars ($50.00) for each such violation.
B. Any person who violates Section 4213 of this title for which another penalty is not provided, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine of not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00).
C. Any person who violates any provision of Sections 4206 through 4212 of this title, for which another penalty is not provided, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed One Hundred Dollars ($100.00) for each such violation.
LA 18-21, eff. May 17, 2021
§ 4219. Nighttime speed limit
It shall be unlawful for any person to operate any vessel upon the waters of this Nation, between the hours of one-half hour after sunset and one-half hour before sunrise at any speed in excess of thirty-five (35) miles per hour. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00).
LA 18-21, eff. May 17, 2021
§ 4220. Reserved
LA 18-21, eff. May 17, 2021
§ 4221. Failure to comply with lawful order or directive of law enforcement officer
No person shall willfully fail or refuse to comply with any lawful order or directive of any law enforcement officer while in the performance of his or her duty of enforcing the provisions of this title. Failure to comply will constitute a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).
LA 18-21, eff. May 17, 2021
§ 4222. Reserved
LA 18-21, eff. May 17, 2021
§ 4230. Reserved
LA 18-21, eff. May 17, 2021
§ 4231. Reserved
LA 18-21, eff. May 17, 2021
§ 4232. Definitions--Requirements for persons younger than sixteen to operate certain motorized vessels, personal watercraft--Boating Safety Education Certificate
A. As used in this section:
1. “Vessel” means every device, other than a seaplane on the water, used or capable of being used as a means of transportation on water, but shall not include personal watercraft; and
2. “Boating safety education course” means a course in safe boating that meets or exceeds the minimum instruction standards as established by the National Association of State Boating Law Administrators in effect at the time the course is completed.
B. A person under sixteen (16) years of age shall not operate any vessel, as defined in this section, powered by a motor or combination of motors in excess of ten (10) horsepower or any sail-powered vessel sixteen (16) feet or greater in length on the waters of this Nation unless the person has:
1. Successfully completed a boating safety education course or has passed a proctored equivalency examination which tests the knowledge of information included in the curriculum of such a course; and
2. Received a Boating Safety Education Certificate as evidence of successful completion of a boating safety education course or an equivalency examination.
C. A person at least twelve (12) years of age, but who has not reached sixteen (16) years of age, shall not operate a vessel, as defined in this section, powered by a motor or combination of motors in excess of ten (10) horsepower or any sail-powered vessel sixteen (16) feet or greater in length on the waters of this Nation unless the person:
1. Has met the requirements listed in subsection B of this section; and
2. Is accompanied by a competent adult, eighteen (18) years of age or older, who is in a position on or in the vessel to take immediate control of the vessel being operated.
D. 1. A person under sixteen (16) years of age shall not operate a personal watercraft unless the person has met the requirements listed in subsection B of this section.
2. A person at least twelve (12) years of age, but who has not reached sixteen (16) years of age, shall not operate a personal watercraft unless the person:
a. Has met the requirements listed in subsection B of this section; and
b. Is under the visual supervision by a competent adult, eighteen (18) years of age or older within a distance of five hundred (500) yards.
The operator of a personal watercraft shall stay at least fifty (50) feet away from all moving vessels, shall idle at or in the vicinity of docks and swimmers, and shall wear an approved personal flotation device.
E. A Boating Safety Education Certificate issued by the Department of Public Safety to a person who has successfully completed a boating safety education course or course equivalency examination shall not expire.
F. A person who is operating a vessel on the waters of this Nation shall have in his or her immediate possession:
1. The original Boating Safety Education Certificate as proof the operator meets the requirements of this section; or
2. A photo identification that clearly shows the operator is sixteen (16) years of age or older.
Failure to present such proof upon request by a peace officer shall be prima facie evidence of a violation of this section.
LA 18-21, eff. May 17, 2021
§ 4233. Exceptions to certification requirement
Except as otherwise provided, a person is not required to comply with the certification required by Section 2 of this act if the person:
1. Is not a resident of this Nation or state and has proof the person has successfully completed a boating safety education course or equivalency examination in another state or foreign country that is approved by the Department of Public Safety;
2. Is participating in a sanctioned event as defined in Section 4201 et seq. of this title; or
3. Is operating a personal watercraft as defined in Section 4201 et seq. of this title in a no-wake zone while under the supervision of an adult.
LA 18-21, eff. May 17, 2021
§ 4234. Unlawful acts regarding certificates
It shall be unlawful for any person to:
1. Alter, forge, counterfeit or falsify any Boating Safety Education Certificate issued under the laws of this Nation or any other state;
2. Possess a Boating Safety Education Certificate that has been altered, forged, counterfeited or falsified;
3. Lend or to sell to, or knowingly permit the use of by one not entitled thereto, any Boating Safety Education Certificate; or
4. Make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application for a Boating Safety Education Certificate.
LA 18-21, eff. May 17, 2021
§ 4235. Violation of certification requirement--Penalties
A. Any parent, legal guardian or person having actual responsibility for a person under sixteen (16) years of age, or who is the owner of the vessel operated by a person under sixteen (16) years of age, who knows, or should have known, that the person operating the vessel is not in compliance with the certification required by Section 2 of this act1 shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00). Any second or subsequent conviction shall be punishable by a fine in an amount of not less than Two Hundred Fifty Dollars ($250.00), nor more than Five Hundred Dollars ($500.00).
B. A violation of the provisions of Section 2 of this act shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00).
C. A court may defer the imposition of a fine and place a defendant on probation for a period not to exceed sixty (60) days if the defendant:
1. Is a first-time violator of a provision of this section;
2. Pleads guilty or nolo contendere or is found guilty;
3. Requests permission from the court to attend a boating safety education course; and
4. Successfully completes a boating safety education course approved by the Department of Public Safety during the probation period.
E. Any person producing proof in court that a valid Boating Safety Education Certificate or equivalent form recognized by the Department of Public Safety reflecting such person has successfully completed a boating safety education course or is exempt from such course was in effect at the time of the alleged offense of Section 2 of this act shall be entitled to dismissal of such charge upon payment of court costs. If such proof is provided within two (2) regular business days after the violation, the charge shall be dismissed without payment of court costs.
LA 18-21, eff. May 17, 2021
§ 4236. Reserved
LA 18-21, eff. May 17, 2021