CHAPTER 503

CRIMES AGAINST THE FAMILY

503.01                         Bigamy

Any Indian who does any of the following is guilty of bigamy:

      a)              Enters into a marriage with knowledge that his prior marriage is still valid; or

      b)              Enters into a marriage with knowledge that the prior marriage of the person he marries is still valid.

Bigamy is a gross misdemeanor.

503.02                         Adultery

When a married person has sexual intercourse with another person, not then his or her spouse, whether married or not, both are guilty of adultery.

Adultery is a misdemeanor.

503.03                         Incest

Subdivision 1. Any Indian who has sexual intercourse or sexual contact with another nearer of kin to him/her than first cousin, whether of the half or the whole blood, with knowledge of the relationship, is guilty of incest. Incest is a gross misdemeanor.

Subdivision 2. Any Indian guilty of Incest, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.

(Section 503.03 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)

503.04                         Non-Support of Spouse or Child

Subdivision 1. Any Indian who is legally obligated to provide care and support to a spouse or child and knowingly omits or fails to provide child care and support to a spouse or child care, support or supervision appropriate to the child's age, is guilty of a misdemeanor

Subdivision 2. In addition to any penalty provided for under law, the Court may provide, upon conviction of a violation of Subdivision 1 hereof, for the care and support of the child or spouse and require bond or other security to secure the performance and may suspend sentence or execution thereof, conditioned upon compliance with the Court order.

Subdivision 3. If the Court should find that an Order made pursuant to Subdivision 2 has been violated, the suspension may be revoked and the sentence imposed or executed.

Subdivision 4. In the event that a child, while unsupervised in violation of subdivision 1 hereof, shall no or cause damage to the person or property of another, the person or persons who are legally obligated to provide care and support to such child shall be civically liable for and damages cause by such child. A child for purposes of this section is one who is under the age of eighteen (18) years.

(Section 503.04 Amended/added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

503.05                         Criminal Domestic Violence

Subdivision 1. Probable Cause Arrest for Domestic Violence. Notwithstanding any other law to the contrary, a police officer may arrest an Indian anywhere without a warrant, including at the Indian's place of residence, if the police officer has probable cause to believe that the Indian has assaulted, made a threat with a dangerous weapon, or placed in fear of immediate bodily harm the Indian's spouse, former spouse, or other person with whom the Indian presently resides or has formally resided. The arrest may be made even though the assault did not take place in the presence of the Police Officer.

Subdivision 2. Immunity. A police officer acting in good faith and exercising due care in making an arrest pursuant to Subdivision 1 hereof is immune from civil liability that might result from the police officer's action. This immunity shall in no way relieve a police officer's action. This immunity in no way relieve a police officer form liability caused as a result of police brutality.

Subdivision 3. Detention For Domestic Violence. An Indian who is arrested on a charge of assaulting the Indian's spouse or other person with whom the Indian resides must be transported to the Red Lake Police station or jail. The officer in charge of the police station or jail shall issue a summons to the Indian in lieu of continued detention unless it reasonably appears to the officer that the continued detention is necessary to prevent an assault to the victim or another person or there is a likelihood that the arrested Indian will fail to respond to a summons. If the arrested Indian is detained by the police department, the arrested Indian must be brought before the Red Lake Nation Court without unnecessary delay.

Subdivision 4. Notice of Rights. The police officer making an arrest under this section shall file a complaint against the alleged assaulter and shall tell the victim whether or not a shelter or other services are available to the victim on the Red Lake Reservation and give the victim immediate written notice of the legal rights and remedies available to the victim. The written notice must include the following:

      a)              That the victim has the right to file a petition with the Red Lake Nation Court for an Order for Protection and that an Order for Protection may include the following:

                        1)        Restraining the perpetrator from further acts of domestic violence;

                        2)        Excluding the perpetrator from your household; and

                        3)        Mandatory counseling or other available social services including participation by the perpetrator in various treatment or rehabilitation program.

Subdivision 5. Judicial Review.

      a)              Upon initial appearance before the Red Lake Nation Court on a police detention for an alleged domestic violence charge, the Court shall review the facts surrounding the arrest and detention. The arrested Indian must be released pending trial on the Indian's own recognizance or bail unless the Court determines that a release would be detrimental to the public safety or a release could result in the likelihood of an assault on the victim or another person or a release will not reasonably assure the appearance of the arrested person at the next scheduled court proceeding.

      b)              If the Court determines that an unconditional release of the arrested person pursuant to this Subdivision is not advisable, the Court may use its discretion and impose on the arrested Indian any conditions for release that the Court believes will reasonable assure protection of the victim or another person from an assault and will assure the presence of the arrested Indian at the next scheduled court proceeding. The arrested Indian may then be released on the condition imposed by the Court.

Subdivision 6. Violation of Conditions of Release. A warrant for the arrest of the released Indian shall be issued immediately by the Court if the Court is advised in an executed writing that the released Indian has violated the conditions of release and the Court finds that probable cause exists to believe that the conditions of release have been violated.

Subdivision 7. Penalties. Upon a conviction of a charge of domestic violence, the convicted Indian shall be sentenced in accordance with the provisions of Section 502.01 of the Tribal Code. In addition to the penalties provided for section 502.01 of the Tribal Code, the Court, in the exercise of its sound discretion, may order the convicted Indian to attend mandatory counseling or treatment as a part of the sentence.

(Section 503.05 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)

503.06                         Compulsory School Attendance

Subdivision 1. Parental Responsibility. The parent of a child is responsible for assuring that the child attends school in accordance with the mandatory school attendance policy and laws of the Red Lake Reservation.

Subdivision 2. Parent Defined. Parents means a parent, guardian or other person having legal custody of a child.

Subdivision 3. Violations; Penalties. Any parent who fails or refuses to fulfill the responsibility imposed on a parent in Subdivision 1 hereof, or any person who induces or attempts to induce a child unlawfully to be absent from school or any person who knowingly harbors or employs, while school is in session, any child unlawfully absent from school shall be guilty of a misdemeanor.

(Section 503.06 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)