CHAPTER 506

CRIMES AGAINST ADMINISTRATION OF JUSTICE

506.01                         Perjury

Subdivision 1. Acts Constituting. Any Indian who, in any official proceeding of the Red Lake Band of Chippewa Indians, or the court systems thereof, makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, or makes a false statement in any writing which is required or authorized by law to be under oath or affirmation, when the statement is material and the defendant does not believe it to be true, is guilty of perjury.

Subdivision 2. Sentence. Conviction of perjury is a misdemeanor.

506.02         Escape

Subdivision 1. Acts Prohibited. Any Indian who unlawfully removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period id guilty of escape.

Subdivision 2. Exceptions. Official detention does not include supervision or probation or parole or constraint incidental to release on bail.

Subdivision 3. Sentence. Conviction of escape is a gross misdemeanor.

506.03                         Obstructing Legal Process or Arrest

Any Indian who intentionally obstructs, hinders or prevents the unlawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense or interferes with a police officer while the officer is engaged in the performance of his official duties is guilty of obstruction of the legal process. A conviction of obstruction of the legal process is a misdemeanor.

506.04                         Aiding on Offender to Avoid Arrest

Subdivision 1. Acts Prohibited. Any Indian who harbors, conceals or aids another known by him/her to have committed a crime under the laws of the Red Lake Band of Chippewa Indians or a state or of the United States with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment is guilty of aiding an offender.

Subdivision 2. Sentence. A conviction of aiding an offender is a gross misdemeanor.

506.05                         Release, Failure to Appear

Subdivision 1. Any Indian who has been charged with or convicted of a crime and held in lawful custody therefor, and is released from custody, with or without bail or recognizance, on the condition that he personally appear when required with respect to such change or conviction, and intentionally fails without lawful excuse, to so appear when required or surrender himself/herself within three days thereafter, is guilty of an offense. A conviction of an offense under this section is a misdemeanor, for which a failure to appear will constitute a gross misdemeanor.

Subdivision 2.             The Tribal Prosecutor is duly authorized to file a complaint for Release, Failure to Appear and prosecute said offense.

(Section 506.05 Subd. 1 revised and Subd. 2 added to Tribal Code by Resolution No. 167-95 dated,

August 8, 1995)

506.06                         Misconduct of Judicial Officer

Any Indian who is a Judicial Officer and does either of the following is guilty of a misdemeanor:

      a)              Agrees with or promises another to determine a cause or controversy or issue pending or to be brought before him/her for or against any party; or

      b)              Intentionally obtains or receives and uses information relating to the proceeding before him/her contrary to the regular course of the proceeding.

506.07                         Destruction of Evidence

Any Indian who destroys a writing or object to prevent it from being produced at a trial or other proceeding authorized by law is guilty of an offense. A conviction under this section is a

misdemeanor.

506.08                         Criminal Contempt

The courts of the Red Lake Indian Reservation have the power to punish for contempt of their authority in the following situations:

      a)              Misbehavior of any person in its presence or so near thereto as to abstract the administration of justice; or

      b)              Disobedience or resistance to any process, order, subpoena, warrant or command of the court.

Criminal contempt is a misdemeanor.

Subdivision 2. The Tribal Prosecutor is duly authorized to file a complaint for Criminal Contempt and prosecute said offense.

(Section 506.08 Subd. 2 added to Tribal Code by Resolution No 167-95 dated, August 8, 1995)

506.09                         Fleeing an Officer

Subdivision 1. Definition of Flee. For purposes of this section, the term "flee" means to use any devise to attempt to elude a police officer after a signal has been given by such police officer to stop.

Subdivision 2. Fleeing. Any Indian who flees or attempts to flee a police officer after having been advised by such police officer to stop shall be guilty of a gross misdemeanor.

(Section 506.09 added to Tribal Code by Resolution No. 264-90, dated December 11, 1990).

506.10                         Refusal to Assist a Police Officer

Any Indian who is requested by a Red Lake Police Officer to provide assistance to such police officer in the performance of the officers official duties, shall have a duty to provide reasonable assistance to such police officer. A refusal by such Indian to provide reasonable assistance to a police officer as required herein shall constitute a misdemeanor.

(Section 506.10 added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

506.11             Witness and Juror Tampering

Subdivision 1. Any Indian who interferes or attempts to interfere with any legal process or witness testimony by intimidating, harassing, threatening, as to interfere with a witness in any manner which tends to intimidate or instill fear, shall be guilty of a misdemeanor.

Subdivision 2. Any Indian who interferes or attempts to interface with a juror or prospective juror by intimidating, harassing, threatening, as to interfere in any manner which tends to intimidate or instill fear in any juror, shall be guilty of a misdemeanor.

(Section 506.11 Witness and Juror Tampering added to Tribal Code by Resolution No, 39-95, dated February 15, 1995)