CHAPTER 507

PUBLIC MISCONDUCT OR NUISANCE

507.01                         Unlawful assembly

When two or more Indians assemble, each participant is guilty of unlawful assembly which is misdemeanor if the assembly is:

      a)              With intent to commit an unlawful or lawful act by force; or

      b)              With intent to carry out any purpose in such a manner as will disturb or threaten the public peace; or

      c)              Without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace.

507.02           Riot

When two or more Indians are assembled and disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot which is a gross misdemeanor.

507.03         Terroristic Threats

Subdivision 1. Any Indian who threatens to commit any crime with the purpose to terrorize another or to cause evacuation of a building or place of assembly or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience is guilty of Terroristic threat which is a gross misdemeanor.

Subdivision 2. Any Indian who communicates to another with the purpose to terrorize another or in reckless disregard of the risk of causing such terror, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present, is guilty of an offense under this subdivision which is a gross misdemeanor

Subdivision 3. Any person who violates these provisions, 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 repayment 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: $200.00 fine, Rule 25 and comply and/or anger

       management where appropriate;

      (2) Second Offense: One day in jail, $250.00 fine, Rule 25 and comply, and/or

      anger management or other counseling where appropriate;

      (3) Third Offense: Three days in jail, $300.00 fine, and where appropriate Rule 25 and comply (with inpatient treatment recommended), and/or anger management;

      (4) Fourth Offense: Ten days in jail, a $350.00 fine, and where appropriate a Rule 25 and comply and/or anger management or other counseling;

      (5) Fifth Offense: Thirty days in jail, a five month suspended jail sentence, $400.00 fine, and where appropriate Rule 25 and comply (inpatient treatment required), and/or anger management or other counseling;

       Where appropriate, the Court shall also order that the defendant attend Alcoholics Anonymous meetings at least twice a week when the defendant is not in jail or in treatment. The penalty for failing to comply with these provisions is that the defendant must serve out the five month suspended sentence.

      (6) Sixth Offense: Ninety days in jail, a three month suspended jail sentence, a $400.00 fine, Rule 25 and comply (inpatient treatment required) along with anger management or other counseling where appropriate; The Court shall also order that the defendant attend Alcoholics Anonymous meetings at least three times a week when the defendant is not in jail or in treatment. The penalty for failing to comply with these provisions is that the defendant must serve out the three month suspended sentence;

      (7) Seventh Offense and any subsequent offense: Six months in jail, $500.00 fine, mandatory attendance of available treatment while incarcerated.

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

507.04         Public Nuisance

Any Indian who by his act or failure to perform an act does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

      a)              causes a disturbance to the health, safety or peace and comfort of any number (including one) of members of the public;

      b)              Interferes with, obstructs, or renders dangerous for passage, any public highways or right-of-way, or waters used by the public;

c)        maintains or permits conditions which disturb the health, safety or peace and comfort of any number (including one) of members of the public.

            d)        fails to obey a police officer who commands an individual to refrain from interfering with a police officer's duties or fails to leave or keep away from a public or private place, in order to maintain peace.

(Section 507.04 Subd.s (a) amended and (c) added by Resolution No. 16-94, dated January 11, 1994).

(Section 507.04 Subd. (d) added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)

507.05                         Disorderly Conduct

Any Indian who does any of the following in a public or private place, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of peace, is guilty of disorderly conduct which is a misdemeanor:

            a)        Engages in brawling or fighting; or

                        b)        Disturbs an assembly or meeting, not unlawful in its character; or

            c)        Engages in offensive, obscene, or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others.

            d)        Because of intoxication, alarms, angers or disturbs other persons on public or private property. Under such circumstances, the police shall have authority to immediately remove such Indian from the public or private property where he is causing the disturbance.

e)        Due to intoxication by alcohol and/or controlled substances causes a potential danger to himself, herself or others, or, in some other manner presents a nuisance or hazard to the public.

Any person who violates these provisions, 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 repayment 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: $200.00 fine, Rule 25 and comply, as well as anger management where appropriate;

            (2) Second Offense: Three days in jail, $250.00 fine, Rule 25 and comply, as well as anger management or other counseling where appropriate;

            (3) Third Offense: Seven days in jail, $300.00 fine, Rule 25 and comply (with inpatient treatment recommended), along with anger management or other counseling where appropriate;

            (4) Fourth Offense: Thirty days in jail, a five month suspended jail sentence, $350.00 fine, Rule 25 and comply (inpatient treatment required), along with anger management or other counseling where appropriate. The Court shall also order that the defendant attend Alcoholics Anonymous meetings at least twice a week when the defendant is not in jail or in treatment. The penalty for failing to comply with these provisions is that the defendant must serve out the five month suspended sentence.

            (5) Fifth Offense: Ninety days in jail, a three month suspended jail sentence, a $400.00 fine, Rule 25 and comply (inpatient treatment required) along with anger management or other counseling where appropriate. The Court shall also order that the defendant attend Alcoholics Anonymous meetings at least three times a week when the defendant is not in jail or in treatment. The penalty for failing to comply with these provisions is that the defendant must serve out the three month suspended sentence;

            (6) Sixth Offense and any subsequent offense: Six months in jail, $500.00 fine, mandatory attendance of available treatment while incarcerated.

(Section 507.05 Amended to the Tribal Code by Resolution No. 205-90, dated September 11, 1990)

(507.05 Subdivision (e) and sentencing enhancements Amended by Tribal Code Resolution No. 10-04 dated January 13, 2004.

Section 507.055          Disorderly House

The owner, occupant, or renter of any dwelling who maintains or permits conditions which allow or lead to: Disturbances or disorderly conduct, presence of alcohol or other controlled substances amongst a group setting, or calls for intervention by law enforcement personnel, shall be guilty of maintaining a disorderly house, which is a misdemeanor.

(Section 507.055, Disorderly House added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)

Section 507.065          Gross Misdemeanor Disorderly House

Any person found guilty of maintaining a disorderly house under Section 507.055 of this Code who has been convicted of the same crime within the twelve (12) months prior to the date of any new offense under Section 507.055, shall be guilty of Gross Misdemeanor Disorderly House.

(Section 507.065, Gross Misdemeanor Disorderly House added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)

507.06                         Obscene or Harassing Telephone Calls

Subdivision 1. Any Indian who, by means of a telephone does any of the following shall be guilty of a misdemeanor:

            a)        Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent, or

            b)        Makes a telephone call, whether or not conversation ensues, without disclosing the caller's identity and with intent to annoy, abuse, threaten, or harass any person at the called number, or

            c)        Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number, or

            d)        Having control of telephone, knowingly permits it to be used for any purpose prohibited by this section.

507.07            Vandalism. Any Indian who defaces, defiles, damages, harms, injures or destroys real, personal or public property in whole or part, shall be guilty of vandalism, which shall be punished in the following manner.

a) Petty Misdemeanor. Vandalism shall be punished as a petty misdemeanor if                                    the value of the property does not exceed $100.00.

            b)        Misdemeanor. Vandalism shall be punished as a misdemeanor if the value of the                         property is from $101.00 to $500.00.

                                    c)                    Gross Misdemeanor. Vandalism shall be punished as a gross misdemeanor if the value of the property exceeds $501.00.

            d)        Restitution can be ordered in the discretion of the Court in addition to or in lieu of                         fine or imprisonment.

(Section 507.07 Vandalism added to Tribal Code by Resolution No. 262-94, dated July 13, 1994)

507.08                         Attempted or Assisted Suicide

Subdivision 1. Any Indian who attempts to take his or her own life, with a firearm, knife, sharp object, controlled substance, medication, prescribed or over-the-counter, rope, or like means is guilty of a misdemeanor.

Subdivision 2. Any Indian who assists an attempted suicide by any means including but not limited to providing firearms, ammunition, weaponry of any sort, controlled substances, medication, prescribed or over-the-counter, rope or like means is guilty of a misdemeanor.

Subdivision 3. Penalties shall include, but not limited to, a mandatory mental health evaluation, placement in a mental health facility, and/or a mandatory 90 day commitment to the Redby Halfway House.

(Section 507.08 added to the Tribal Code by Resolution No. 216-95, dated September 28, 1995)

507.09             Harassment; Stalking; Penalties

Subdivision 1. Definition.    As used in this section, “harass” means to engage in intentional conduct in a manner that:

1)        would cause a person under such circumstances to feel oppressed, persecuted, or intimidated; and

2)        causes this reaction on the part of the victim

Subdivision 2. Harassment and Stalking Crimes

A person who harasses another by committing any of the following acts is guilty of a gross misdemeanor;

                        1)        directly or indirectly manifests a purpose or intent to injure a                                                 person, property, or rights of another by the commission of an                                                 unlawful act;

                        2)        stalks, follows, or pursues another;

                        3)        returns to the property of another if the actor is without claim of                                                 right to the property or consent of one with authority to consent;

                        4)        repeatedly makes telephone calls, or induces a victim to make                                                 telephone calls to the actor, whether or not conversation ensues;

                        5)        makes or causes the telephone of another repeatedly or                                                         continuously to ring;

                        6)        repeatedly uses mail or delivers or causes the delivery of letters,                                                 telegrams, packages, or other objects; or

                        7)        engages in any other harassing conduct that interferes with another                                                 person or intrudes on the person’s privacy or liberty.

Sudivision 3.    Pattern of harassing conduct or Stalking.

                        a)        A person who engages in a pattern of harassing conduct with                                                 respect to a single victim or one or more members of a single                                                 household in a manner that would cause a reasonable person under                                                 the circumstances to feel terrorized or to fear bodily harm and                                                 which does cause this reaction on the part of the victim, is guilty of                                                 a gross misdemeanor.

                        b)        for purposes of this subdivision, a “pattern of harassing conduct”                                                 means two or more acts within a five-year period that violate the                                                 provisions of any of the following:

(1)       Section 507.03, Terroristic Threats

                                    (2)       Chapter 804, Domestic Abuse, Section 804.08, Violation of                                                 an Order

                                    (3)       Section 509.01, Trespass

                                    (4)       Section 507.06, Obscene or harassing telephone calls

                                    (5)       Section 509.07, Burglary

(6)       Section 509.06, Criminal Damage to Property

or any two or more acts within a five year period that would cause a reasonable person under the circumstances to feel oppressed, persecuted, or intimidated.

(Section 507.09, Harassment; Stalking; Penalties added to Tribal Code by Resolution No. 74-98, dated May 12, 1998)