TITLE V

CRIMINAL OFFENSES

CHAPTER 500

GENERAL PROVISIONS

500.01                         Scope and Effect

No act or omission is a crime unless made so by this title or by other applicable law of the Red Lake Indian Reservation.

500.02                         Definitions

Subdivision 1.            Crime. Crime means conduct which is prohibited by this code or ordinance of the Red Lake Band and for which the actor may be sentenced to imprisonment, with or without a fine.

Subdivision 2.            Petty Misdemeanor. Petty Misdemeanor means an offense which is prohibited by law for which a sentence of a fine of not more than $200.00 may be imposed.

Subdivision 3.            Misdemeanor. Misdemeanor means a crime for which a sentence of not more than six (6) months or a fine of not more than $500.00, or both, may be imposed.

Subdivision 4.            Gross Misdemeanor. Gross Misdemeanor means crime which is not a petty misdemeanor or misdemeanor. The maximum sentence which may imposed for a gross misdemeanor is imprisonment for not more than one (1) year, or fine of not more than $5,000.00 or both.

Subdivision 5.            Tribe. Tribe means the Red Lake Band of Chippewa Indians.

Subdivision 6. "Indian"          (a) For the limited purposes of the Criminal & Juvenile Code, an Indian shall be defined as the following:

                        (1)       An enrolled member of the Red Lake Band of Chippewa Indians; or

                        (2)       A Person of Indian descent who is a member, either enrolled by custom, or eligible for enrollment, of any federally recognized Indian Tribe under the jurisdiction of the United States; or

                        (3)       A descendent whose parent or grandparent is a current or former Red Lake member, or of one eligible for such membership, and who is a resident of the Red Lake Indian Reservation who is considered an Indian by the traditions, customs, culture, and mores of the Red Lake Band of Chippewa Indians.

                        (b)       Excluding enrolled members, an Indian defined by this section, does not receive any rights or privileges of membership of the Red Lake Band of Chippewa Indians.

(Section 500.02 Subdivision 6, revised to Tribal Code by Resolution No. 167-95 dated August 8, 1995)

500.03                         Criminal Offense Based on Voluntary Intentional Conduct

No person shall be convicted of an offense except based on conduct which includes a voluntary act or the omission to perform an act of which the defendant is physically capable. Unless otherwise pro-habitat in this code with respect to a particular offense, an offense is established only if a person acts intentionally with respect thereto.

500.04                         Mental State

Subdivision 1.            Criminal Intent. When criminal intent is an element of a crime in this title, such intent is indicated by the term "intentionally"; the phrase "with intent to", the phrase "with intent that" or some form of the verbs "know" or "believe."

Subdivision 2.            Know. To know requires only that the actor believes that the specified fact exists.

Subdivision 3.            Intentionally. Intentionally means that the actor either had a purpose to do the thing or cause the result specified or believes that his act, if successful, will cause that result. In addition, the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word "intentionally".

Subdivision 4. With Intent To; With the intent that. "With the intent to" or "with intent that" means that the actor either has a purpose to do the thing or cause the result specified or believes that this act, if successful, will cause that result.

Subdivision 5.            Proof of Law. Criminal intent does not require proof or knowledge of the existence of the law under which he is prosecuted.

Subdivision 6.            "Negligent". Conduct is reckless if, with respect to a result or to a circumstance, a person should be aware of a substantial and unjustifiable risk that such a risk will occur or that such a circumstance exists, and his or her conduct involves a significant deviation from the standard of care that a reasonable person would observe.

Subdivision 7.            "Reckless". Conduct is reckless if, with respect to a result or to a circumstance, a person consciously disregards a substantial risk that such a risk will occur or that such a circumstance exists, and the risk is of such a nature and degree that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the situation.

(Section 500.04 Subd. 1 amended and Subd. 8 deleted to Tribal Code by Resolution No. 167-95 dated August 8, 1995)

500.05                         Jurisdiction

An Indian may be convicted and sentence under the laws of the Red Lake Band of Chippewa Indians if he commits an offense in whole or in part within the boundaries of the Red Lake Indian Reservation. It is not a defense that the defendant's conduct is also a criminal offense under the laws of a state or of the United States or of another country.