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Bay Mills Indian Community Laws and Codes

Updates Received: 2000


Chapter VI

BAY MILLS LAW AND ORDER CODE


Part One: General Principles

601. Violation of an approved tribal ordinance. Any person who violates an ordinance designed to preserve the peace and welfare of the Community, which has been duly executed by the Tribal Council, shall be deemed guilty of a crime and upon conviction thereof shall be sentenced as provided in the ordinance.


602. Limitation of filing complaint. No complaint shall be filed pursuant to Chapter VI of the Bay Mills Law and Order Code unless the alleged offense shall have been committed within six years prior to the date of the complaint. If, however, the complaint involves a sex assault of a minor child, there is no limitation.


603. Foreign conviction or acquittal. If an act or omission constitutes an offense under both the ordinances of the Bay Mills Indian Community and the laws of another jurisdiction, the act or omission will not bar prosecution for the offense in Tribal Court.


604. Authorized use of force. Reasonable force may be used upon or toward the person of another without his consent when any of the following circumstances exist or the actor reasonably believes them to exist:

A. When used by a tribal police officer or one assisting him under his direction:

1. In effecting a lawful arrest;
2. In the execution of legal process;
3. In enforcing an order of the Court;
4. In executing any other duty imposed upon him bylaw; or

B. When used by any person in self-defense or the defense of others.


605. Intoxication as a defense. An act committed while in a state of voluntary intoxication is not a defense, but when a particular intent or other state of mind is a necessary element to constitute a particular offense, the fact of intoxication may be taken into consideration in determining such intent or state of mind.


606. Insanity. The Court, upon its own motion or by either of the parties, may make a determination as to whether or not the Defendant was mentally capable to formulate the necessary criminal intent at the time the crime was committed. The Court shall require the evaluation of such Defendant by a licensed psychologist or psychiatrist prior to such a hearing to determine the Defendant’s mental ability to commit the crime. If after the hearing, the Court feels that the Defendant was unable to formulate the required mental ability to commit the crime by clear and convincing evidence because of mental defect, illness or retardation, the Court may dismiss the case, find the Defendant guilty, guilty but mentally ill or not guilty. If the Court dismisses the case, the Court may order the Defendant to be treated by health officials.


Part Two: Offenses

607. Assault or Domestic Assault. Any person who shall attempt or threaten to do bodily harm to another person through unlawful force or violence shall be deemed guilty of assault, and upon conviction thereof, may be sentenced to imprisonment of not more than 180 days, payment of a fine not to exceed $2,500, or both.

A. Domestic Dispute. If the parties are married, had been married, have child(ren) in common or have lived together in the last six months, then the offense shall be considered a domestic assault.


608. Assault and Battery Domestic Assault. Any person who shall willfully strike another person or otherwise inflict bodily injury, or who shall offer violence with a dangerous weapon shall be deemed guilty of assault and battery, and upon conviction thereof may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or both.

A. Domestic Assault. If the parties are married, had been married, have child(ren) in common or have lived together in the last six months, then the offense shall be considered a domestic assault.


609. Criminal Sexual Conduct. Criminal sexual conduct (CSC) in the first, second, or third degree will be considered a misdemeanor in Tribal Court and if necessary referred to Federal Court as a felony. Criminal sexual conduct in the fourth degree, which only involves forceful touching, is a misdemeanor.

A. First Degree CSC: A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:

1. That other person is under 13 years of age.
2. That other person is at least 13 but less than 16 years of age and any of the following:

a. The actor is a member of the same household as the victim.
b. The actor is related to the victim by blood or affinity to the fourth degree.
c. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

3. Sexual penetration occurs under circumstances involving the commission of any other felony.
4. The actor is aided or abetted by one or more other persons and either of the following circumstances exists:

a. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
b. The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in subdivision (6)(a) to (e).

5. The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
6. The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes but is not limited to any of the following circumstances:

a. When the actor overcomes the victim through the actual application of physical force or physical violence.
b. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
c. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
d. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
e. When the actor, through concealment or by the element of surprise, is able to overcome the victim.

7. The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

a. The actor is related to the victim by blood or affinity to the fourth degree.
b. The actor is in a position of authority over the victim and, used this authority to coerce the victim to submit.

Any person found guilty of criminal sexual conduct in the first degree may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or both.

B. Second Degree CSC: A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:

1. That other person is under 13 years of age.
2. That other person is at least13 but less than 16 years of age and any of the following:

a. The actor is a member of the same household as the victim.
b. The actor is related by blood or affinity to the fourth degree to the victim.
c. The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.

3. Sexual contact occurs under circumstances involving the commission of any other felony.
4. The actor is aided or abetted by one or more other persons and either of the following circumstances exists:

a. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
b. The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes but is not limited to any of the circumstances listed in section A (6) (a) to (e) above.

5. The actor is armed with a weapon, or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
6. The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes but is not limited to any of the circumstances listed in section A (6) (a) to (e) above.
7. The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and if any of the following circumstances exist:

a. The actor is related to the victim by blood or affinity to the fourth degree.
b. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

Any person found guilty of criminal sexual conduct in the second degree may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or both.

C. Third Degree CSC: A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:

1. That other person is at least13 years of age but less than 16 years of age.
2. Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section A (6) (a) to (e).
3. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

Any person found guilty of criminal sexual conduct in the third degree may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or both.

D. Fourth Degree CSC: A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists:

1. That other person is at least13 years of age but less than 16 years of age, and the actor is four or more years older than that other person.
2. Force or coercion is used to accomplish the sexual contact. Force or coercion includes but is not limited to any of the following circumstances:

a. When the actor overcomes the victim through the actual application of physical force or physical violence.
b. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
c. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
d. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
e. When the actor achieves the sexual contact through concealment or by the element of surprise.

3. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

Any person found guilty of criminal sexual conduct in the fourth degree may be sentenced to imprisonment of not more than six months, payment of a fine not to exceed $2,500, or both.


610. Carrying concealed weapon. Any person who shall go about in public places armed with a firearm, whether loaded or unloaded or any other dangerous weapon, concealed upon his/her person or vehicle, unless he/she shall have a permit signed by the Chief of Tribal Police, may be sentenced to imprisonment of not more than 90 days, payment of a fine not to exceed $500, or both and the weapon is subject to confiscation, return of which is permitted upon the offender obtaining the requisite permit.


611. Abduction. Any person who shall willfully take away or detain another person against his/her will, or if the person is under the age of eighteen years, without the consent of the custodial parent or legal guardian or in violation of a court order, may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or both.


612. Larceny. Any person who takes, receives, conceals, retains or uses the property of another without his/her consent, and with the intent to deprive the owner permanently of the possession of the property, may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or to pay restitution to the victim, or any and all of the above.


613. Embezzlement. Any person who shall, having lawful custody of property not his own, appropriate it to his own use with the intent to deprive the owner permanently of the possession of the property may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000 or to pay restitution to the victim, or any and all of the above.


614. Fraud. Any person who shall by willful misrepresentation or deceit, or by the use of use weights or measures, or who issues any check or other order for the payment of money which at the time of issuance he intends shall not be paid, and thus obtains any money, property or services may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or to pay restitution to the victim, or any and all of the above.


615. Forgery. Any person who shall, with the intent to defraud, falsely sign, execute, utter, or alter a writing or written instrument so that it purports to have been made by another, or by him/herself under an assumed or fictitious name, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of forgery and may be sentenced to imprisonment of not more than one year, or to a payment of a fine not to exceed $5,000, or to pay restitution to the victim, or any and all of the above.


616. Bad Checks. Any person who at the time, knowingly writes a check that has insufficient funds, may be sentenced to imprisonment of not more than 180 days, payment of a fine not to exceed $2,500, or to pay restitution to the injured party, or any and all of the above.


617. Receiving stolen property. Any person who intentionally receives or conceals stolen property may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or to pay restitution to the victim, or any and all of the above.


618. Unauthorized driving away of any motor vehicle, snowmobile or watercraft. Any person who intentionally takes or drives a motor vehicle, snowmobile, or water craft, without the consent of the owner or his/her authorized agent, may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or to pay restitution to the victim, or any and all of the above.


619. Extortion. Any person who shall willfully, either orally or in writing, maliciously threaten or accuse another of any crime or offense, or threaten any injury to the person or property of the person threatened, or to another, or by any other means whatsoever, causes or attempts to cause another against his/her will to do any act or refrain from doing any unlawful act, may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or both.


620. Disorderly conduct. Any person who does any of the following in a private or public place, knowing or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct and may be sentenced to imprisonment of not more than three months, payment of a fine not to exceed $1,500, or both.

A. Engages in brawling or fighting, or
B. Disturbs an assembly or meeting which is not unlawful in its character, or
C. Engages in offensive, obscene, or abrasive language or is boisterous (i.e. noisy conduct) tending to reasonably arouse alarm, anger or resentment in others, or
D. Endangers him/herself or another person or endangers his/her property, or
E. Engages in an illegal occupation or business, or
F. Knowingly loiters in or about a public place and whose conduct tends to reasonably arouse alarm, anger or resentment in others, or
G. Engages in window peeping, or
H. Is drunk or intoxicated and causing a public disturbance, or
I. Is found jostling or roughly crowding people unnecessarily in a public place, or
J. By any means, contacts any other person or causes any other person to be contacted and uses any vulgar, indecent, obscene, threatening or offensive language or suggesting any lewd or lascivious act, or
K. Commits the act of indecent exposure to another person, or
L. Stalks or harasses another person, or
M. Interferes with the lawful activities of emergency personnel, tribal government employees or tribal court personnel, or
N. Possesses or uses a firearm while under the influence of a controlled substance and/or alcohol, or
O. Uses a firearm(s) within 150 yards of a home, campground or public place.


621. Malicious mischief; vandalism. Any person who shall maliciously disturb, injure or destroy any livestock, domestic animal or personal or real property of another may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000 or to pay restitution to the injured party, or any and all of the above.


622. Trespass. Any person who shall willfully enter upon the lands or premises of another or of the Bay Mills Indian Community, without lawful authority, after having been forbidden to do so by the owner or occupant, or after being asked to leave, refuses to do so, is guilty of trespass and may be sentenced to imprisonment of not more than 90 days, payment of a fine not to exceed $1,000, or both.


623. Injury to public property. Any person who shall, without proper authority, use or injure any public property of the Bay Mills Indian Community may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000, or payment of restitution to the Community, or any and all of the above.


624. Maintaining a public nuisance. Any person who by his/her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance:

A. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, comfort or repose of any member or members of the community, or
B. Interferes with, obstructs, or renders dangerous for passage, any highway or street or waters used by the community.
C. Fails to adequately control their pet which disturbs the peaceful enjoyment of another.

Any person convicted under this section may be sentenced to imprisonment of not more than 90 days, payment of a fine not to exceed $500, or both; the Court may also order the removal of the adjudged nuisance.


625. Littering. Any person who unlawfully deposits garbage, rubbish, the body of a dead animal, including destruction of a pet, or other litter in or upon any street, tribal waters or the ice thereon or tribal lands, is guilty of littering and may be sentenced to payment of a fine not to exceed $500 and/or community service to the tribe.


626. Cruelty to animals. Any person who shall abandon, torture, fail to provide adequate food, shelter or water or cruelly mistreat any domestic animal may be sentenced to imprisonment of not more than 90 days, payment of a fine not to exceed $2,500, or both.


627. Gambling without a permit. Any person who shall participate in the operation of a lottery, bingo game, race track gambling machines, or other gaming activity, without first securing a permit for that operation from the Executive Council of the Bay Mills Indian Community may be sentenced to payment of fine not to exceed $500 for each wager placed in that operation. Each days operation without the required permit shall constitute a separate offense.


628. Prostitution. Any person who practices prostitution, or who shall knowingly keep or aid and abet the act of prostitution or maintain or rent a place for the purpose of prostitution, or who offers anything of value for the purpose of engaging a person to perform a sexual act, is guilty of prostitution and may be sentenced to imprisonment of not more than 10 days, payment of a fine not to exceed $2,500, or both.


629. Failure to support dependent persons.

A. Non-support. Any person legally obligated to provide care and support to those dependent on him/her and who knowingly omits and fails without lawful excuse to do so is guilty of nonsupport and may be sentenced to imprisonment of not more than 90 days, payment of a fine not to exceed $2,500, or both, and may be ordered to pay a reasonable amount for the support of dependent persons.

B. Support orders. The Court shall also have the authority to order and compel the payment of all alimony and child support lawfully awarded in any divorce proceedings by any State Court having jurisdiction; and nonpayment of such awards shall be accepted as evidence of non-support under this Section. An appeal may be taken to the Bay Mills Tribal Court of Appeals whose decision shall be final.


630. Failure to provide for children. Any person who, without good cause, neglects or refuses to provide for his/her children or any children under his/her care, under the age of 16 years, with an education, or fails to assure their attendance in school, may be sentenced to imprisonment of not more than 30 days, payment of a fine not to exceed $2,500, or both.


631. Child abuse or neglect. Any parent or guardian or person under whose protection any child may be, who cruelly or unlawfully punishes, or willfully or negligently deprives any child of necessary food, clothing or shelter, or who willfully abandons a child under 18 years, or who habitually permits or causes the health of such child to be injured, or his life endangered by exposure, want, or injury to his/her person, is guilty of child abuse and may be sentenced to imprisonment of not more than 1 year, payment of a fine not to exceed $5,000, or both.


632. Contributing to delinquency of a minor. Any person who shall by any act or work, encourage, contribute toward, or cause or tend to cause any minor to come within the jurisdiction of the Juvenile Court for any offense prohibited by this Chapter of the Bay Mills Law and Order Code or Juvenile Code may be sentenced to imprisonment of not more than 6 months, payment of a fine not to exceed $2,500, or both.


633. Possession of intoxicating beverage by a minor. It shall be unlawful for any one under 21 years of age to possess or consume alcohol beverages. Any person found guilty under this section shall be punished by imprisonment of not more than 90 days, payment of a fine not to exceed $1,000 or other remedies determined by the Court, or any and all of the above.

A. False representation of age. Any person under 21 years of age who falsely represents him/herself to be 21 years of age or older for the purpose of purchasing or attempting to purchase intoxicating beverage(s), or to enter into a gaming facility, is guilty of an offense punishable by imprisonment of not more than 90 days, payment of a fine not more than $1,000 or other remedies determined by the Court, or any and all of the above.
B. Furnishing intoxicant to minor. Any person who knowingly gives or furnishes any intoxicating beverages to a person under the age of 21 years, may be sentenced to imprisonment of not more than one year, payment of a fine not to exceed $5,000 or other remedies determined by the Court, or any and all of the above.


634. Bribery. Any person who offers, gives, or promises to give, directly or indirectly, anything of value to a tribal official or employee with the intent to influence such person in the discharge of his official duties or conduct, and any person who shall accept, solicit, or attempt to solicit any bribe, as above defined, may be sentenced to imprisonment for not more than 1 year, payment of a fine not to exceed $2,500, or both.


635. Perjury. Any person who makes a false material statement which he does not believe to be true, whether orally or in writing, or procures or induces another person to do so in any judicial proceeding in Tribal Court is guilty of perjury and may be sentenced to imprisonment of not more than 1 year, payment of a fine not to exceed $ 5,000, or both.


636. False Reports.

A. Any person who shall willfully and knowingly make, or cause to be made, the unlawful arrest, detention or imprisonment of another person may be sentenced to imprisonment of not more than 120 days, payment of a fine not to exceed $2,500, or both.
B. Any person who shall willfully and knowingly falsely inform a law enforcement officer or other officials, that a crime has been committed, or any emergency exists, and who shall intend that such official act in reliance on such information, may be sentenced to imprisonment of not more than 120 days, payment of a fine not to exceed $2,500, or both.
C. Any person who shall falsely impersonate tribal law enforcement officer(s), may be sentenced to imprisonment of not more than 120 days, payment of a fine not to exceed $2,500, or both.


637. Resisting lawful arrest. Any person who shall willfully and knowingly, obstruct, oppose, resist, assault, wound or assist another to obstruct, oppose, resist, assault, or wound any Peace Officer in the execution of his/her lawful acts, attempts and efforts to maintain, preserve and keep the peace may be sentenced to imprisonment of not more than 6 months, payment of a fine not to exceed $2,500, or both.


638. Escape from lawful custody. Any person held in lawful custody on an arrest charge or conviction who escapes or attempts to escape, or who permits or assists another to escape from lawful custody, may be sentenced to imprisonment of not more than 1 year, payment of a fine not to exceed $5,000, or both.


639. Disobedience to lawful orders of the Court. Any person who willfully disobeys any order, subpoena, warrant or command duly issued, made, or given by the Tribal Court or any officer thereof, may be sentenced to imprisonment of not more than 120 days, payment of a fine not to exceed $2,500, or both.


640. Manufacture or sale of a controlled substance. It shall be unlawful for any person to manufacture, deliver or possess with intent to manufacture or deliver without a pharmacists license any drug which is controlled under the Controlled Substance Act of 1970, as amended (U.S.C.A. Title 21 § 801 et. seq.). Upon conviction, the offender may be sentenced to imprisonment for not more than 1 year, payment of a fine not to exceed $5,000, or both.


641. Possession or use of a controlled substance as defined or any inhalant. It shall be unlawful for any person to possess or use, without a valid prescription from a medical doctor, a controlled substance, as defined by the Controlled Substance Act of 1970, as amended (U.S.C.A. Title 21 § 801 et. seq.), or any inhalant. Upon conviction, the offender may be sentenced to imprisonment of not more than 6 months, payment of a fine not to exceed $2,500, or both.


642. Hunting or fishing without a license. Any person who is required by the Conservation Code and its implementing regulations to secure a hunting or fishing permit and fails to do so shall be deemed guilty of a misdemeanor, and may be sentenced to payment of a fine not to exceed $5,000, and/or restitution and possible forfeiture of gear.


643. Breaking and entering. Any person who shall break and enter, or shall enter without breaking, with the intent to commit any crime therein, any dwelling house, office, store, warehouse, barn, factory, garage, or other building or structure, or any private apartment therein, or any boat, ship, or enclosed motor vehicle, whether occupied or unoccupied, may be sentenced to imprisonment of not more than 1 year, payment of a fine not to exceed $5,000, or both.

Date: Aug 28 1998

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