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File #: 21-036    Version: 1 Name: CNCA 21 AMENDMENT TO FURTHER MODERNIZE THE CRIMINAL CODE
Type: Legislative Act Status: Passed
File created: 4/13/2021 In control: TRIBAL COUNCIL
On agenda: 4/29/2021 Final action: 5/20/2021
Enactment date: 5/17/2021 Enactment #: LA-19-21
Title: AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Sponsors: Keith Austin, Joe Deere, Janees Taylor, Victoria Vazquez, Mike Shambaugh
Indexes: Criminal Law
Code sections: Title 21 - Crimes and Punishments
Attachments: 1. LA-19-21.PDF
Related files: 20-081, 20-094, 21-007, CNCA-21, 21-077
Title
AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY

Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act amends Title 21 of the Cherokee Nation Code Annotated and shall be codified at the sections references herein of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to further modernize the Nation's criminal code.

Section 3. Legislative History

LA-10-90 LA-32-03 LA-20-08 LA-03-21
LA-13-91 LA-36-03 LA-22-08 LA-07-21
LA-24-02 LA-08-06 LA-08-12
LA-25-02 LA-10-06 LA-09-12
LA-39-02 LA-18-06 LA-35-12
LA-40-02 LA-29-06 LA-10-13
LA-41-02 LA-31-06 LA-09-16
LA-42-02 LA-34-06 LA-12-18
LA-31-03 LA-09-07 LA-28-20

Section 4. Amendments

Title 21 shall be amended as follows:

? 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...

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