CHAPTER 502

CRIMES AGAINST THE PERSON

502.01                         Assault Definition

Subdivision 1.            First Degree Assault. First degree assault is an act done with intent to cause fear in another person of immediate bodily harm or death or the intentional infliction of or attempt to inflict bodily harm upon another without causing any actual bodily harm. First degree assault is a petty misdemeanor.

Subdivision 2.            Second Degree Assault.

1) Any Indian who intentionally causes bodily injury to another or recklessly or negligently causes bodily injury to another or attempts by physical menace to put another in fear of serious bodily harm is guilty of second degree assault. Second degree assault is a misdemeanor.

Any person who violates this provision, except a juvenile, shall serve the following mandatory sentence(s). Treatment may not be substituted for mandatory jail sentences. In any section that provides for a suspended sentence, all that is needed to revoke that suspended sentence is for the Court to hold a Revocation Hearing where the Red Lake Nation is provided an opportunity to demonstrate by the preponderance of the evidence that the defendant has not complied with the Court’s order. If the Red Lake Nation meets this burden of proof, the Court shall order the defendant to serve the entire suspended sentence. Community service may be used for the payment of fines. Upon a showing of a factual need to deviate from these guidelines, the Court may deviate from these guidelines as needed. The basis for the need to deviate from the guidelines shall be included in the order. An example of a basis justifying a deviation from the guidelines is a medical inability to serve the sentence in the Red Lake Detention facility.

      (1) First Offense: Three days in jail, a $250.00 fine plus restitution for injuries;

      (2) Second Offense: Seven days in jail, a $300.00 fine plus restitution for injuries;

      (3) Third Offense: Ten days in jail with a six months jail sentence suspended and a $500.00 fine, plus restitution for injuries;

      (4) Fourth Offense: Thirty days in jail with a seven month jail sentence suspended and a $750.00 fine plus restitution for injuries;

      (5) Fifth Offense: Ninety days in jail with a nine month jail sentence suspended and a $1,000.00 fine plus restitution for injuries;

      (6) Sixth Offense: Six months in jail with a six months jail sentence suspended, and a $2,000.00 fine plus restitution for injuries;

      (7) Seventh Offense and any subsequent offense: One year in jail, $5000.00 fine, plus restitution for injuries. A letter may issue from the Court to the Chairman of the Red Lake Band of Chippewa recommending removal or banishment when the defendant has completed serving his or her sentence - whichever is appropriate.

      (8) The above-penalties shall be imposed sentencing of those convicted of offenses against Tribal Code 503.05, Criminal Domestic Violence.

502.01 Subdivision 2 and sentencing enhancements Amended by Tribal Code Resolution No. 10-04 dated January 13, 2004.

Subdivision 3.            Third Degree Aggravated Assault.

1) Any Indian who intentionally causes serious bodily injury to another or intentionally causes bodily injury to another with a deadly weapon or recklessly causes serious bodily injury to another under circumstances manifesting indifference to the value of human life is guilty of third degree aggravated assault. Any Indian who commits a first or second degree simple assault with a deadly weapon is guilty of third degree aggravated assault. Aggravated assault is a gross misdemeanor.

Any person who violates this provision, except a juvenile, shall serve no less than the following mandatory minimum sentence(s). Treatment may not be substituted for mandatory minimum jail sentences. In any section that provides for a suspended sentence, all that is needed to revoke that suspended sentence is for the Court to hold a Revocation Hearing where the Red Lake Nation is provided an opportunity to demonstrate by the preponderance of the evidence that the defendant has not complied with the Court’s order. If the Red Lake Nation meets this burden of proof, the Court shall order the defendant to serve the entire suspended sentence. Community service may be used for the payment of fines. Upon a showing of a factual need to deviate from these guidelines, the Court may deviate from these guidelines as needed. The basis for the need to deviate from the guidelines shall be included in the order. An example of a basis justifying a deviation from the guidelines is a medical inability to serve the sentence in the Red Lake Detention facility.

            (1) First Offense: Ninety days in jail with a nine month jail sentence suspended, a $250.00 fine plus restitution for injuries;

            (2) Second Offense: Six months in jail with a six month jail sentence suspended, $300.00 fine, plus restitution for injuries;

            (3) Third Offense: One year in jail, $5,000.00 fine plus restitution for injuries;

            (4) Fourth Offense: In any egregious case demonstrating very serious bodily injuries, or which shocks the senses due to the brutality, immorality or lack of respect for human life, the Court shall impose a sentence of one year in jail and a $5,000.00 fine.

            (5) The above-penalties shall be imposed sentencing of those convicted of offenses

            against Tribal Code 503.05, Criminal Domestic Violence.

502.01 Subdivision 3 and sentencing enhancements Amended by Tribal Code Resolution No. 10-04 dated January 13, 2004.

Subdivision 4.            Assault of Police Officer, Tribal Game Wardens, Tribal Security Person                                     and Any Law Enforcement Personnel.

            1a)      Any Indian who commits a first or second degree simple assault against a Police Officer, Tribal Game Warden, Tribal Security person or any other law enforcement personnel is guilty of a misdemeanor, unless the assault is committed with a deadly weapon in which case the Indian shall be guilty of a gross misdemeanor.

            2b)      Any Indian who commits a third degree aggravated assault against a Police Officer, Tribal Game Warden, Tribal Security person or any other law enforcement personnel is guilty of a gross misdemeanor.

Any person who violates this provision, except a juvenile, shall serve no less than the following mandatory minimum sentence(s). Treatment may not be substituted for mandatory minimum jail sentences. In any section that provides for a suspended sentence, all that is needed to revoke that suspended sentence is for the Court to hold a Revocation Hearing where the Red Lake Nation is provided an opportunity to demonstrate by the preponderance of the evidence that the defendant has not complied with the Court’s order. If the Red Lake Nation meets this burden of proof, the Court shall order the defendant to serve the entire suspended sentence. Community service may be used for the payment of fines. Upon a showing of a factual need to deviate from these guidelines, the Court may deviate from these guidelines as needed. The basis for the need to deviate from the guidelines shall be included in the order. An example of a basis justifying a deviation from the guidelines is a medical inability to serve the sentence in the Red Lake Detention facility.

            (1) First Offense: Ninety days in jail with a nine month jail sentence suspended, a

            $250.00 fine plus restitution for injuries;

            (2) Second Offense: Six months in jail with a six month jail sentence suspended, a

            $300.00 fine, plus restitution for injuries;

            (3) Third Offense: One year in jail, $5,000.00 fine plus restitution for injuries,

            (4) Fourth Offense: In any egregious case demonstrating very serious bodily injuries, or which shocks the senses due to the brutality, immorality or lack of respect for human life, the Court shall impose a sentence of one year in jail and a $5,000.00 fine.

502.01 Subdivision 4 and sentencing enhancements Amended by Tribal Code Resolution No. 10-04 dated January 13, 2004.

(Section 502.01, Subd. 4 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)

502.02                         Kidnaping

Subdivision 1.            Acts Constituting. Any Indian who intentionally confines or removes from one place to another, any person without his consent or, if he is under the age of sixteen (16) years, without the consent of his parents or other legal custodian, for any of the following purposes, is guilty of kidnaping:

            a)        To hold for ransom or reward for release, or as a shield or hostage; or

            b)        To facilitate the commission of any crime or flight thereafter; or

            c)        To commit great bodily harm or to terrorize the victim or another; or

            d)        To hold in involuntary servitude; or

            e)        Violation of a court order relating to custody of a minor child.

Subdivision 2. Whoever violates Subdivision 1 is guilty of a gross misdemeanor.

502.03                         False Imprisonment

Any Indian knowing he has no lawful authority to do so, intentionally confines or restrains a child not his own under the age of 18 years without the child's parent's or legal custodian's consent, or any other person without the parent's consent, is guilty of false imprisonment is a gross misdemeanor.

502.04                         Negligent Homicide and Serious Bodily Injury

Subdivision 1.            Resulting in Death. Any Indian who causes the death or bodily injury (including mental anguish) of a human being, not constituting murder or manslaughter, as a result of operation of a motor vehicle, aircraft, water craft or any other instrumentality or mechanism which causes death or bodily injury under any of the following circumstances:

            a)        In a grossly negligent manner; or

            b)        In a negligent manner while under the influence of alcohol, a controlled substance, or any combination of these element; or

            c)        In a negligent manner while having an alcohol concentration of 0.10, or more, is guilty of negligent homicide or bodily injury. Negligent homicide or bodily injury is a gross misdemeanor.

(Section 502.04 amended to the Tribal Code by Resolution No. 205-90, dated September 11, 1990)

502.05                         Robbery

Subdivision 1.            Simple Robbery. Any Indian, knowing he is not entitled thereto, takes personal property from the person of another and uses or threatens the imminent use of force against any person to overcome his resistance or compels acquiescence in the taking or carrying away of the property is guilty of simple robbery. Simple robbery is a misdemeanor.

Subdivision 2. Aggravated Robbery. Any Indian who, while committing a robbery, is armed with a dangerous weapon or inflicts bodily harm upon another is guilty of aggravated robbery. Aggravated robbery is a gross misdemeanor.

502.06                         Endangering an Unborn Fetus

Subd. 1. Any Indian woman who is pregnant and continuously, habitually and excessively abuses alcohol, controlled substances or inhalants, and is found, through legal testing to be under the influence of alcohol or a controlled substance, is deemed to be guilty of a crime and upon conviction shall be sentenced as a misdemeanor. Sentencing options may include mandatory attendance at pre-natal classes, chemical dependency treatment and/or counseling.

Subd. 2. Any Indian who endangers an unborn fetus by any action or omission including but not limited to striking, kicking, pushing, threaten to harm the pregnant woman shall be guilty of a misdemeanor.

(Section 502.06 added to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)

(Section 502.06, Subd. 2 added to Tribal Code by Resolution No. 54-95, dated March 14, 1995)