CHAPTER 512

CRIMES AFFECTING TRIBAL OFFICERS, EMPLOYEES

512.01                         Bribery

Subdivision 1. Tribal Officers and Employees. Any Indian who offers, gives or promises to give, directly or indirectly, to any tribal officer or employee any benefit, reward, or consideration to which he is not legally entitled, with intent thereby to influence such officer or employee with respect to the performance of his powers or duties as such officer or employee, or being a public officer or employee, requests, receives or agrees to receive, directly or indirectly that he will be so influenced is guilty of bribery.

Subdivision 2. Any Indian who offers, gives or promises to give any benefit, reward or consideration to a witness in a proceeding before the court, with intent to influence the witnesses's testimony or is about to become such a witness and requests, receives or agrees to receive any such benefit, reward or consideration upon the understanding that he will be so influenced is guilty of bribery.

Subdivision 3. Bribery is a gross misdemeanor.

512.02                         Terroristic Threats Against Government Officials

1) Any Indian who commits or attempts an act of coercion or Terroristic threats directed against any elected official of the Red Lake Band of Chippewa Indians or any officer or employee of the Red Lake Band or members of their family is guilty of misdemeanor. In addition to the penalties provided for gross misdemeanor, it shall be mandatory that the defendant shall be imprisoned for a minimum of sixty (60) days.

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 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: Three days in jail, $250.00 fine, Rule 25 and comply and/or anger management where appropriate;

      (2) Second Offense: Five days in jail, $300.00 fine, Rule 25 and comply, and/or anger management or other counseling where appropriate;

      (3) Third Offense: Seven days in jail, $350.00 fine, and where appropriate Rule 25 and comply (with inpatient treatment recommended), and/or anger management;

      (4) Fourth Offense: Fourteen days in jail, a $400.00 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.

512.02 Subdivision 1 and 2 and sentencing enhancements Amended by Tribal Code Resolution No. 10-04 dated January 13, 2004.

512.03                         Acts Overthrowing the Government

Subdivision 1. Acts of Overthrowing.

      a)              Any Indian who intentionally advocates, abets, advises or teaches the desirability or propriety of overthrowing or destroying the government of the Red Lake Band of Chippewa Indians by force or violence or by assassination of any such government, is guilty of an offense and shall be punished as provided for herein.

      b)              Any Indian, with intent to cause the overthrow or destruction of the government of the Red Lake Band of Chippewa Indians, prints, publishes, issues, circulates, sells or distributes any written or printed matter advocation, advising or teaching the desirability or propriety of overthrowing or destroying such government by force or violence, is guilty of an offense and shall be punished as provided herein.

      c)              If two (2) or more Indians conspire to commit any offense named in this section, each shall be punished as provided for herein; or

      d)              Any Indian who incites, assists, participates or engages in any rebellion or insurrection against the authority of the Red Lake Band of Chippewa Indians or laws thereof or gives aid or comfort thereto, is guilty of an offense and shall be punished as provided for herein.

Subdivision 2. Penalties. Any Indian convicted of violating Subdivision 1 hereof, shall lose membership in the Red Lake Band of Chippewa Indians pursuant to the procedure governing loss of members contained in Article III, Section 1(b) of the Revised Constitution and By-laws of the Red Lake Band of Chippewa Indians.

512.04                         Martial Law

The Chairman of the Red Lake Band of Chippewa Indians, whenever he deems it necessary, for the purposes of relief of the reservation, the enforcement of its laws or the protection of the life and property of the members of the Band, may by public proclamation call a state of emergency and declare martial law to be in effect. For the purpose, the Chairman may make orders and regulations and enforce the same and appoint all necessary officers, and may require all proper public officers to perform such duties as he may direct. The duration of the martial law shall not exceed the duration of the state of emergency plus six (6) months thereafter.