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Law and Order Code, Fort McDermitt Paiute-Shoshone Tribe of Oregon and Nevada

Last amended: 2003

Chapter 7. Criminal Offenses

Resolutions

Legislative History.

This revised chapter was enacted by the Tribal Council on September 13, 1988. The Major Crimes Act provisions are enacted because of the poor prosecution record of federal authorities of such crimes on Indian reservations.

Any person who shall attempt or threaten bodily harm to another person through the use of unlawful force or violence shall be deemed guilty of assault and upon conviction thereof shall be either sentenced to a maximum period of confinement or labor of 30 days or pay a maximum fine of $500.00 or both.

Any person who shall willfully strike another person or otherwise inflict bodily injury, or who shall by offering violence cause another to harm himself, shall be deemed guilty of battery and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of 90 days or pay a maximum fine of $1,000.00 or both. If the victim of this crime shall be 62 years of age or older, the minimum period of confinement or labor shall be six months and the maximum period of confinement or labor shall be one year and the court shall enter an order protecting the elder from any further possibility of disturbance.

Any person who shall go about in public places armed with a dangerous weapon concealed upon his person, or who shall carry in their motor vehicle a rifle or pistol with live ammunition in a position to be fired without more than removing the safety and pulling the trigger, shall be deemed guilty of an offense unless they are in possession of a permit issued by the Tribal Council or its delegated official to so carry such weapon in such condition. Upon conviction thereof the person shall be sentenced to a maximum period of confinement or labor of 30 days or pay a maximum fine of $500.00 or both. In addition, the court shall determine whether the weapon is a nuisance to the public safety and if the weapon is so deemed, the court shall hold a hearing to determine the weapon's fate (destruction, etc.).

Any person who shall willfully take away, move or detain another person against their will or without the consent of the parents or guardians or other persons having legal custody or charge of the person shall be deemed guilty of abduction and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $500 or both.

Any person who shall take the property of another person, with intent to permanently deprive the owner shall be deemed guilty of theft and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $300 or both.

Any person who shall, having lawful custody of property not her own, appropriate the same to his own use with intent to deprive the owner thereof of any financial gain achieved shall be deemed guilty of embezzlement and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $300 or both.

Any person who shall by willful misrepresentation or deceit, or by false interpreting, or by the use of false weights or measures, obtain any money or other property shall be deemed guilty of fraud and upon conviction thereof shall be sentenced to a maximum of period of confinement or labor of six months or pay a maximum fine of $300 or both.

Any person who shall, with intent to defraud, falsely sign, execute or alter any written instrument, shall be deemed guilty of forgery and upon conviction thereof shall be sentenced to a maximum period of confinement of six months or pay a maximum fine of $300 or both.

Any person who shall knowingly or willfully misbrand or alter any brand or mark on any livestock of another person shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $300 or both.

Any person who shall receive or conceal or aid in concealing or receiving any property with knowledge that the property is stolen, embezzled, or obtained by fraud or false pretenses, robbery or burglary, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement of three months and pay a maximum fine of $500 or both.

Any person who shall willfully, by threatening or making false charges against another person, extort or attempt to extort any money, goods, property or anything else of any value shall be deemed guilty of extortion and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of one year or pay a maximum fine of $5,000.00 or both.

Sec. 12. Disorderly Conduct.

Any person who shall engage in fighting in a public place, disturb or annoy any public or religious assembly, or appear in a public or private place in an intoxicated manner, shall be deemed guilty of disorderly conduct and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of 30 days or pay a maximum fine of $100 or both.

Any person who shall maliciously disturb, injure or destroy any livestock, domestic animal or other property of another shall be deemed guilty of malicious mischief and upon conviction thereof shall be sentenced to a maximum period of confinement of six months or pay a maximum fine of $300 or both.

Sec. 14. Trespass.

Resolutions FM00-008-053 and FM00-005-033

(a) A person is guilty of trespass if he knwingly or recklessly enters or remains on property, or knowingly allows his livestock to do so, when notice against entry is given by personnel communication, by fencing or other enclosures, or by the posting of signs, may be deemed guilty of an offense and upon conviction shall be sentenced to a maximum penalty of six months in jail, maximum fine of $300. or both.

(b) A person is guilty of aggravated trespass if he knowingly or recklessly enters or remains on the property of another and accomplishes such entry by an act of forces or violence, or, if he intends to cause or causes annoyance or injury to any person thereon, or if he intends to commit or commits another offense thereon, may be deemed guilty of an offense and upon conviction shall be sentenced to a maximum penalty of six months in jail or pay a maximum tine of $300. Or both.

Sec. 15. Injury to Public Property.

Any person who shall, without proper authority, use or injure any public property of the Tribe or federal government property in the care and custody of the Tribe shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of 30 days or pay a maximum fine of $300 or both.

(a) Criminal Provisions. Any person who shall set in such a manner, or permit his property to fall into such condition as to injure or endanger the safety, health, welfare, or property of his neighbors or the Tribe shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confine or labor of 10 days or pay a maximum fine of $500 or both.

(b) Civil Provisions. Upon the court finding that property is in such a state of disrepair that it constitutes a serious threat to the health, safety and welfare to the Tribe or its members or the general public, the court may order the fencing off or destruction of such property by the owner or order such done with all costs of such action to be the responsibility of the person owning such property other than the Fort McDermitt Tribe.

Sec. 17. Liquor and Intoxicants Violation.

(a) Criminal Provisions. Any person who shall transport, possess, sell, trade or manufacture any alcoholic beverage or any material or article which induces intoxication shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of 60 days or pay a maximum fine of $200 or both.

(b) Civil Provisions. For each 12 ounce container of alcoholic beverage possessed in violation of section 17 of this chapter, a tax of one dollar ($1.00) shall be collected by the court and relinquished to the Finance Department of the Tribe who shall deposit the amount in the General Account for use by the Tribal Council for community projects. For each one ounce or lesser amount of material the following tax shall be collected: Marijuana: Ten dollars. ($10.00); Cocaine: One Hundred Dollars ($100.00); Heroin: Five Hundred Dollars ($500.00); Synthetic Drugs: Five Hundred Dollars ($500.00).

(c) Seizure of Cash and Property. The court and any Police Officers of the Bureau of Indian Affairs shall contact the Chairman or Vice-Chairman of the Tribal Council when a motor vehicle is stopped and found to contain any amount of narcotics or illegal drugs, e.g., cocaine, heroin, or marijuana, and such tribal official shall order seized, by authority of the Tribal Council, any property, i.e., motor vehicles, recreational vehicles, etc., used to transport any drugs or narcotics on Fort McDermitt Indian Country or amounts of cash in any persons possession determined to be the proceeds of transactions in narcotics or drugs in the name of the Fort McDermitt Paiute-Shoshone Tribe for handling by the Tribal Council at its next regular Tribal Council Meeting after consultation with Drug Enforcement Administration, the Sheriff of Humboldt County and any other interested law enforcement officials including the Bureau of Indian Affairs and the Superintendent of the Western Nevada Agency.

Any person who shall torture or mistreat any animal or fail to feed animals under their care and custody, shall be deemed guilty of an offense and shall be sentenced to a maximum period of confinement or labor of 30 days or pay a maximum fine of $60 for each animal so treated or both.

Sec. 19. Gambling: Except Handgames and Bingo.

Any person who participates in, organizes or attempts to organize any game of chance with cards, dice or any other device, for money or anything of value shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of 30 days or pay a maximum fine of $500 or both. The prohibition of gambling shall not apply to bingo and handgames sanctioned and approved by the Tribal Council.

Any person who infects another person with a venereal disease other than AIDS shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement of 120 days or pay a maximum fine of $300 or both. Any person who knowingly or willfully infects another person with AIDS shall be deemed guilty of an offense and upon conviction shall be sentenced to a minimum sentence of six months and pay a minimum fine of $1,000 and shall be afforded a fair hearing, with due process, before the Tribal Council to argue why he or she should not be permanently excluded from Fort McDermitt Indian Country. The maximum sentence of confinement for knowingly or willfully infecting another with AIDS shall be one year.

Any person who shall practice prostitution or who shall knowingly keep, maintain, rent or lease any house, room, tent or other place for the purpose of prostitution shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $1,000 or both. Each structure or person used in the commission of this offense shall be treated as a separate offense.

Any person who shall fail to support his legal dependents, including children born out of wedlock, when his or her income is sufficient to so support such dependents and pay essential creditors and the necessities of life shall be deemed guilty of an offense and, upon conviction thereof shall be sentenced to labor during non-employment hours and non-work days for a period not to exceed three months for the benefit of such dependents.

Any person over the age of 18 years who shall willfully contribute to the delinquency of any minor shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement of 30 days or pay a maximum fine of $500 or both.

Any person, including a member of the Tribal Council or other tribal official, who shall give, offer to give, or receive any money, property or services or anything else of value to or from another person with intent to corrupt or influence another in the discharge of their public duty and any person who shall accept, solicit or attempt to solicit any bribe, as defined above, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confine or labor of six months or pay a maximum fine of $5,000 or both. Any tribal office, other than a Tribal Council position, held by such person shall be, forfeited. A member of the Tribal Council shall be subjected to the Constitutional provisions to remove such person from office.

Any person who shall willfully and deliberately, during a judicial proceeding in the Fort McDermitt Tribal Court, falsely swear and/or interpret, or shall make a sworn statement or affidavit knowing the same to be untrue, or shall induce or procure another person so to do, shall be deemed guilty of perjury and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $500 or both.


Sec. 26. False Arrest.
Any person who shall willfully or knowingly cause the false and/or unlawful arrest, detention or imprisonment of another person shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $500 or both.


Sec. 27. Resisting Lawful Arrest.

Any person who shall willfully or knowingly, by force or violence, resist or assist another person to resist a lawful arrest shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to a maximum period of confinement or labor of one year or pay a maximum fine of $5,000 or both.

Any person who shall refuse, by act or omission, to aid a police officer of the Bureau of Indian Affairs or Range Protection Officer of the Fort McDermitt Tribe in the apprehension or transportation of a person charged with an offense of this chapter of the Law & Order Code shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of labor for the benefit of the Tribe of six months or pay a maximum fine of $500 or both.

Any person in the lawful custody of a police officer of the Bureau of Indian Affairs or a Range Protection Officer of the Fort McDermitt Tribe for any offense who shall escape or attempt to escape or who shall assist in such escape or attempt to escape shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $500 or both.

Any person who shall willfully disobey any order, subpoena, summons, warrant or command duly issued by the Fort McDermitt Tribal Court shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of three months or pay a maximum fine of $200 or both.

Any male who shall have carnal knowledge of a woman, whether or not his wife, when the woman does not consent to such shall be deemed guilty of an offense and upon conviction shall be sentenced and fined. The maximum period of confinement shall be nine months and the maximum fine shall be $500. If the woman victimized by this crime shall sustain any injury, however slight, attempting to resist or resisting the maximum period of confinement shall be one year and the maximum fine shall be $5,000.

Any male who shall attempt to have carnal knowledge of a woman_, whether or not his wife, when the woman does not consent to such but is unable to complete the act of intercourse shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of 90 days or pay a maximum fine of $500 or both. If the woman victimized by this crime shall sustain any injury, however slight, attempting to resist or resisting the court shall sentence and fine the male. The maximum period of confinement or labor if an injury is sustained shall be six months and the maximum fine shall be $1,000.

Sec. 33. Statutory Rape.

Any male who shall attempt or have carnal knowledge of a woman under the age of 14, not his wife, shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of six months or pay a maximum fine of $1,000 or both. It shall be no defense that the minor female consented to the act of intercourse.


Sec. 34. Murder.

Any person who shall unlawfully kill another human being under conditions which the laws of Nevada or Oregon would deem Murder or Manslaughter or any of its lesser degrees within Fort McDermitt Indian Country on the lands within the state of Oregon or Nevada shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of one year and pay a fine to the spouse, children or family of the murdered individual of $5,000. Any defenses or mitigating factors allowed by the laws of Oregon or Nevada shall be available to the person so charged if the crime occurred in that state.


Sec. 35. Robbery.

Any person who shall take from the person of any other person any money, or property of any value_, with the intent to permanently deprive the owner or possessor thereof, by threat of violence or with the use of any weapon shall be deemed guilty of an offense and upon conviction shall be sentenced to a maximum period of confinement or labor of nine months or pay a maximum fine of $750 or both. If the person victimized by this crime be over the age of 62 or is injured, however slightly, attempting to resist or resisting, the maximum period of confinement shall be one year and the maximum fine shall be $2,000 or both.

Any person who assaults or commits battery, as defined in this chapter, upon any police officer of any jurisdiction or a Range Protection Officer of the Fort McDermitt Tribe while such officer is acting within the scope of their authority and in a lawful manner shall be deemed guilty of an offense and upon conviction shall be sentenced and fined. The maximum sentence shall be a period of confinement or labor of one year and the maximum fine imposed shall be $1,000.

Any person who assaults or commits battery, as defined in this chapter, upon any tribal employee or Tribal Council Member or member of the Board of Commissioners of the Fort McDermitt Housing Authority whether or not such person is assaulted during business hours or while that person is acting within the scope of their authority shall be deemed guilty of an offense and upon conviction shall be sentenced and fined. The maximum sentence shall be a period of confinement or labor of one year and the maximum fine imposed shall be $2,000.

Any person who disrupts any public meeting including meetings of the Tribal Council and Board of Commissioners of the Fort. McDermitt Housing Authority by speaking out without being given the floor to speak by the Chairman of the official body holding the meeting shall be deemed guilty of an offense and upon conviction shall be fined $20 for each incident of disruption.

Any person who violates any condition of any permit issued by the Tribal Council or its delegated official shall be deemed guilty of an offense and upon conviction shall pay a fine. The maximum fine that may be imposed shall be $100.

Any person who shall cause any child under the age of 18 years to suffer mental or physical abuse or who shall fail to secure proper clothing or nourishment for a child in their care, custody and control_, in an manner that is medically threatening to such child, shall be deemed guilty of an offense and upon conviction shall be sentenced to counseling and labor for the benefit of the Tribe or the Indian Health Service Clinic located on the Fort McDermitt Indian Reservation. In assessing what sentence to impose, the court shall meet with and consult with employees of the Tribe's Social Services staff and members of the Fort McDermitt Indian Child Protection Team. The court shall also consider other orders to protect the child which are least detrimental to the child in the estimation of the Fort McDermitt Indian Child Protection Team.

Any person, parent, guardian or relative, having the care, custody and control of a child or children under the age of 17, who fails to take proper, efficient and necessary steps to ensure the child or children are afford a public education by seeing them off to school and taking proper steps to ensure they remain in school, shall, after the child has missed 8 absences, be deemed guilty of an offense and upon conviction shall be sentenced to labor for the benefit of the Headstart Program, or Tribe during school vacations, for a maximum period of labor of 10 days. It shall be a complete defense to a charge of violating this provision if the child or children in question were medically ill, attended a culturally significant ceremony, have obtained their GED certificate, are no longer required to remain in public school pursuant to state law or that they have since graduated from high school.

(a) "Any person" and "Indian", as used in this chapter, shall mean any Indian whether or not a member of the Fort McDermitt Tribe in accordance with the decision of the 9th Circuit Court of Appeals in Duro v. Reina [citation omitted]. The Tribal Council is aware that there is a conflict between the 9th Circuit and the 8th Circuit Court of Appeals in making this decision. Until such time as the United States Supreme Court addresses the issue of the conflict in the circuits, the 9th Circuit Court of Appeals decision shall be followed.

(b) "Tribal employee", as used in this chapter, shall mean any person employed by the Tribe and paid through either a Public Law 638 Contract or whose work is a condition for the receipt of Indian General Assistance or whose pay comes from the tribal treasury (General Account).

(c) "Speaking out", as used in this chapter, shall mean an act of yelling, screaming or talking loud enough to drown out the voice of the Chairman of the Tribal Council or Board of Commissioners in an attempt to prevent such body from completing business in an orderly manner.

(d) "Official body", as used in this chapter, shall mean either the Tribal Council of the Fort McDermitt Tribe or the Board of Commissioners of the Fort McDermitt Housing Authority.

(e) "Advisory jury", as used in this chapter, shall mean three or four of the oldest members of the Fort McDermitt Tribe organized by the court on a case by case basis to give in formation and assistance to the court.

Fort McDermitt Paiute-Shoshone Tribe of Oregon and Nevada

111 North Reservation Road, P.O. Box 457, McDermitt, Nevada 89421
Phone: (702) 532-8259, Fax: (702) 532-8913

RESOLUTION NO. FM00-008-053
CONCERNING: Amending Chapter 7, Section 14 of the Tribal Law and Order Code

RESOLUTION OF THE GOVERNING BODY OF THE FORT MCDERMITT PAIUTE-SHOSHONE TRIBE OF OREGON AND NEVADA

WHEREAS, the Fort McDermitt Paiute-Shoshone Tribe of Oregon and Nevada is organized in accordance with Section 16 of the The Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended; and

WHEREAS, governing body of the Fort McDermitt Paiute-Shoshone Tribe is the Tribal Council as set forth in the Constitution; and

WHEREAS, the Tribal Council has enumerated powers under Article VI, Section 1 (f) of the Tribal Constitution to promulgate and enforce ordinances which shall be subject to review by the Secretary of the Interior, governing the conduct of member of the Fort McDermitt Paiute and Shoshone Tribe; and

WHEREAS, law and order is enforced through the law and order codes of the Fort McDermitt Paiute-Shoshone Tribe; and

WHEREAS_, the Tribal Council sees a need to amend Chapter 7, Section 14 - Trespass, of the Tribal Law and Order Code to clearly describe the law regarding trespass violations; and

Section 14. Trespass

(a) A person is guilty of trespass if he knowingly or recklessly enters or remains on property, or knowingly allows his livestock to do so, when notice against entry is given by personnel communication, by fencing or other enclosures, or by the posting of signs, may be deemed guilty of an offense and upon conviction shall be sentenced to a maximum penalty of six months in jail, maximum fine of $300. Or both.

(b) A person is guilty of aggravated trespass if he knowingly or recklessly enters or remains on the property of another and accomplishes such entry by an act of forces or violence, or, if he intends to cause or causes annoyance or injury to any person thereon, or if he intends to commit or commits another offense thereon, may be deemed guilty of an offense and upon conviction shall be sentenced to a maximum penalty of six months in jail or pay a maximum tine of $300. Or both.

CERTIFICATION

111 North Reservation Road, PO Box 457, McDermitt, Nevada 89421
Phone: (702) 532-8259, Fax: (702) 532-89l3

RESOLUTION OF THE GOVERNING BODY OF THE FORT MCDERMITT PAIUTE-SHOSHONE TRIBE
OF OREGON AND NEVADA

WHEREAS, the Fort McDermitt Paiute-Shoshone Tribe organized in accordance with Section 16 of the Indian reorganization Act of June 18, 1934 (48 statute 981), as amended by the Act of June 15, 1936, a Constitution and By-laws were later approved by the Secretary of the Interior on July 2, 1936; and,

WHEREAS, the Governing Body of the Fort McDermitt Tribe is the Tribal Council, as set forth in the Constitution, Article III, Section I; and,

WHEREAS, the Fort McDermitt Tribal Council see a need for all livestock (horses, cows, sheep and pigs) to be removed from the Giacometto and Hearn hayland leases. According to the Conservation Plans contained in each individual Lease Agreement, all livestock must be off these ranches for conservation purposes by March 1st of each year.

CERTIFICATION

It is hereby certified that the foregoing Resolution No. FM00-005-033 of the Ft. McDermitt Paiute-Shoshone Tribal Council of the Ft. McDermitt Paiute-Shoshone Tribe, composed of eight (8) members of whom SIX (6) constituting a quorum were present at a meeting duly held on the 2nd day of May, 2000, was adopted by the affirmative vote of FIVE (5) FOR, ZERO (0) AGAINST, ZERO (0) ABSTAINING, pursuant to the authority contained in the Constitution and Bylaws of the Ft. McDermitt Paiute-Shoshone Tribe.