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.