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File #: 21-120    Version: 1 Name: TITLE 18 AMEND TO MODERNIZE THE CRIMINAL CODE
Type: Legislative Act Status: Passed
File created: 12/1/2021 In control: TRIBAL COUNCIL
On agenda: 12/14/2021 Final action: 1/11/2022
Enactment date: 1/10/2022 Enactment #: LA-02-22
Title: AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED
Sponsors: Dora Patzkowski, Victoria Vazquez, Candessa Tehee, Mike Shambaugh
Indexes: Criminal Law, Criminal Procedure
Code sections: Title 21 - Crimes and Punishments
Attachments: 1. LA-002-22.PDF
Related files: 18-026, CNCA-21
Title
AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act amends Title 21 of the Cherokee Nation Code Annotated and shall be codified at 21 CNCA ? 1132

Section 2. Purpose

The purpose of this Act is to modernize the Criminal Code of the Cherokee Nation

Section 3. Legislative History

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

Section 4. Substantive Provisions

21 CNCA ? 1132. Assault and battery domestic abuse by strangulation-Definition
Any person who commits any assault or assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, parent, a foster parent, child, person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, shall, upon conviction, be guilty of the felony of domestic abuse by strangulation. As used in this subsection "strangulation" by means of a any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head., shall be guilty of the crime of domestic abuse by strangulation.
Section 5. Provisions as Cumulative

The provisions of this act shall be cumulative to existing law.

Section 6. Severability

The provisions of this act are severable and if any part or provision hereof shall be held voi...

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