CHAPTER 508

CRIMES RELATING TO MORALITY AND DECENCY

508.01                         Prostitution

      Any Indian who:

      a)              Is an inmate of a house of prostitution, manages a house of

                         prostitution, or is otherwise engaged in sexual activity as a business; or

      b)              Solicits another person to hire a prostitute or commit an act of prostitution; or

      c)              Loiters in view of any public place with the intent of being hired to engage in sexual activity; or

      d)              Hires a prostitute to engage in sexual activity or enters or remains in a house of prostitution with intent to engage in sexual activity, is guilty of prostitution or patronizing a prostitute. Prostitution is a gross misdemeanor.

508.02                         Cohabitation

Any Indian who shall live or cohabit with another as husband and wife, not then and there being married, shall be guilty of a misdemeanor.

508.03                         Sodomy

Any Indian who carnally knows in any manner any animal or bird, or carnally knows any male or female by the anus or by or with the mouth or voluntarily submits to such carnal knowledge; or attempts sexual intercourse with a dead body is guilty of sodomy which is a gross misdemeanor.

508.04                         Fornication

When any single Indian man and any single Indian woman have sexual intercourse with each other each is guilty of fornication which is a misdemeanor.

508.05                         Indecent Exposure

Any Indian who exposes his or her genitals or other intimate parts, in any public place where other persons are present, is guilty of indecent exposure which is a misdemeanor, except if act is done in the presence of a minor, such crime shall be deemed a gross misdemeanor.

Subdivision 2. Any Indian guilty of Indecent Exposure involving a child or children, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.

(Section 508.05 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)

508.06                         Carnal Knowledge of Children

Subdivision 1. Definition. Carnal Knowledge or carnally know shall mean the act of having sexual intercourse.

Subdivision 2. Every Indian who shall carnally know or abuse any child under the age of eighteen (18) years shall be guilty of a gross misdemeanor. Neither mistake as to the age nor consent to the act by the minor is a defense.

Subdivision 3. Any Indian guilty of Carnal Knowledge of Children, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.

(Section 508.06 Subd. 1 & 2 amended and Subd. 3 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)

508.07                         Aggravated Sexual Assault

Any Indian who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of Aggravated Sexual Assault if:

      a)              The defendant compels the other person to submit by force or by any treat that would render a person of reasonable firmness incapable of resisting; or

      b)              The defendant or someone else, with the defendant's knowledge, has substantially impaired the other person's power to appraise or control that person's conduct by administering or employing, without the other person's knowledge, intoxicants, drugs or another similar substance with intent to prevent resistance; or

      c)              The other person is unconscious or under hypnosis; or

      d)              The defendant knows that the other person submits because the other person falsely supposes the defendant to be someone else, unless the defendant is the spouse of the other person; or

      e)              The other person is under eighteen (18) years of age; or

      f)               The defendant knows that the other person suffers from a mental disease or defect which renders that person incapable of understanding the nature of his or her conduct, unless the defendant is the spouse of the other person; or

      g)              The other person is in official custody or otherwise detained in a hospital, prison, or other similar institution and the defendant has supervisory or disciplinary authority over the detained person.

"Sexual act" means sexual contact between human beings consisting of contact between the penis and vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus. For the purpose of this Code, sexual contact between the penis and vulva, or between the penis and the anus, occurs upon penetration, however slight. Emission is not required.

Neither mistake as to the age nor consent to the act by the minor is a defense.

Aggravated Sexual Assault is a gross misdemeanor.

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

(Section 508.07 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)

(Section 508.07 Amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

508.08                         Indecent Liberties

Subdivision 1. Every Indian who shall take indecent liberties with or on the person of any female or male, without that persons consent, and every person who shall take indecent liberties with or on the person of any female or male under the age of eighteen (18) years, without regard to whether the person shall consent to the same or not, is guilty of a gross misdemeanor.

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

(Section 508.08 Amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

(Section 508.08 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95 dated September 28, 1995)

508.09                         Contributing to Delinquency of Minor

Subdivision 1. Any Indian person who by act, word or omission encourages, causes or contributes to the delinquency of a child, or to a child's status as a habitual truant, runaway, juvenile offender, juvenile alcohol offender, or juvenile controlled substance offender, is guilty of a gross misdemeanor.

Subdivision 2. 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 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 and a $250.00 fine;

            (2) Second Offense: Seven days in jail and a $300.00 fine;

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

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

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

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

            (7) Seventh Offense and any subsequent offense: One year in jail, $5,000.00 fine, 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) For the first offense of a male person age 18 years or older contributing the delinquency of a female person under age 18, the Court shall sentence the offender to a mandatory three month jail sentence and a $500.00 fine.

            (9) For the second offense of a male person age 18 years or older contributing the

            delinquency of a person under age 18, the Court shall sentence the offender to a mandatory six month jail sentence and a $1,000.00 fine.

            (10) For the third offense of a male person age 18 years or older contributing the

            delinquency of a female person under age 18, the Court shall sentence the

            offender to a mandatory one year jail sentence and a $5,000.00 fine.

            (11) For the fourth or subsequent offense of a male person age 18 years or older for contributing the delinquency of a female person under age 18, the Court shall sentence the offender to a mandatory one year jail sentence and a $5,000.00 fine. A letter may also 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.

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