CHAPTER 501

DEFENSES TO CRIME

501.01                         Burden of Proof; Standard of Proof

Subdivision 1.            Tribe's Burden. The tribe has the burden of proving each element of an offense beyond a reasonable doubt.

Subdivision 2.            Defendant's Proof of Defense. Whenever the defendant introduces evidence of a defense to support a reasonable belief as to the existence of that defense, the Tribe has the burden of disproving such defense beyond a reasonable doubt, unless this code or another ordinance expressly requires the defendant to prove the defense by a preponderance of the evidence.

501.02                         Ignorance or Mistake. Ignorance or mistakes as to a matter of fact or law is a defense if:

      a)              The ignorance or mistakes negates the necessary mental state required for the commission of an offense; or

      b)              The law provides that the state of mind established by such ignorance or mistake constitutes a defense.

Whenever in this Code, an offense depends on a child's being below a certain age, it is no defense that the defendant did not know the child's age, or reasonably believed the child to be older than the required age.

501.03                         Alcoholism and Intoxication

Subdivision 1. Alcoholism and intoxication by use of alcohol or drugs are not defense unless they negate an element of the offense.

Subdivision 2. When negligence or recklessness forms an element of the offense, self-induced intoxication by alcohol or drugs is no defense.

Subdivision 3. Alcoholism and intoxication by alcohol or drugs do not, in themselves, constitute a mental disease or defect within the meaning of the law.

501.04                         Mental Disease or Defect

Subdivision 1. A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, as defined in the Mental Health Code, he or she lacks substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law.

Subdivision 2. As used in this Section, the terms "Mental Disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.

501.05                         Self-Defense

Subdivision 1. The use of reasonable force is a defense when a person reasonably believes that such force is immediately necessary to protect himself or herself.

Subdivision 2. A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant regardless of whether the conduct of the public servant is lawful.

Subdivision 3. A person is not justified in using force if the conduct of the person against whom force is used was provoked by the defendant himself or herself with the intent to cause physical injury to that other person.

501.06                         Defense of Others

Subdivision 1. The use of force in order to defend a third person is a defense if:

      a)              The defendant reasonably believes that the person whom he seeks to protect would be justified in using such protective force; and

      b)              The defendant has not, by provocation or otherwise, forfeited the right of self-defense; and

      c)              The defendant reasonably believes that intervention is necessary for the protection of such other person.

501.07                         Defense of Property

The use of force, other than deadly force, is a defense if the defendant reasonably believes that such force is necessary to prevent or terminate conduct which the defendant reasonably believes to be the commission or attempted commission of a crime involving trespass on, damage to, or theft of property.

501.08                         Use of Deadly Force

The use of deadly force is a defense only where the defendant reasonably believes that such force is necessary to protect himself/herself or another person against death, serious bodily harm, kidnaping, a sexual act compelled by force or threat, or to prevent or terminate the commission or attempted commission of arson.

501.09                         Duress

When any crime is committed or participated in by two (2) or more persons, anyone of whom participates only under compulsion by another engaged therein, who by threats creates a reasonable apprehension in the mind of such participator is liable to instant death, such threats and apprehension constitutes duress which will excuse such participator from criminal liability.