CHAPTER 5 - [OFFENSES] - indianlaw.mt.gov

1 Blackfeet Tribal Law and Order Code, Ch. 5 - [Offenses] Blackfeet Tribal Law and Order Code Circa 1999 CHAPTER 5 - [OFFENSES] PART IDEFINITIONS Section 1. "Act"has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action. "Bodily Injury" means physical pain, illness, or any impairment of physical condition, includes mental illness or impairment."Consent" means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another." family Member" means mothers, fathers, former spouse, persons who have a child in common, and other past or present family members. These relationships include those created by adoption, remarriage, stepchildren, stepparents, and in-laws.

2 "Indian" is a person who is either on enrollment book as a member of a tribe or recognized Indian in the community."Occupied Structure" means any building, vehicle, or other place suitable for human occupancy or night lodging of person or for carrying on business, whether or not a person is actually present."Knowingly" a person acts knowingly with respect to conduct or (1 of 18) [8/4/2008 7:09:30 PM]Blackfeet Tribal Law and Order Code, Ch. 5 - [Offenses]to a circumstance described by a statute defining an offense when the person is aware of the persons own conduct or that the circumstance exist. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct."Peace Officer" any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to serve papers or to make arrests while acting within the scope of the person's authority.

3 "Possession" is a knowing control of anything for a sufficient time to be able to terminate control."Purposely" a person acts purposely with respect to a result or to conduct described by a statute defining an offense if it the person's conscious object to engage in that conduct or to cause that result."Serious Bodily Injury" means bodily injury that creates a substantial risk of death; causes serious permanent disfigurement or protracted loss or impairment of the function or process of any bodily member or organ; or at the time of injury, can reasonably be expected to result in serious permanent disfigurement or protracted loss or impairment of the function or the process of any bodily member or organ."Weapon" means an instrument, article, or substance that, regardless of its primary function is readily capable of being used to produce death or serious bodily injury.

4 PART IIOFFENSES AGAINST PERSONS Section 1. Assault. 1. Any person commits the offense of assault if he or she knowingly causes one of the following: A. Threatens or attempts to inflict bodily injury upon another (2 of 18) [8/4/2008 7:09:30 PM]Blackfeet Tribal Law and Order Code, Ch. 5 - [Offenses] B. Inflicts bodily injury upon another; or C. Inflicts serious bodily injury upon another; or D. Inflicts bodily injury upon a peace officer or Judge. 2. Any person convicted of assault under A or B shall be sentenced to a fine not to exceed one thousand dollars (1, ) or imprisoned for a term not to exceed six (6) months, or both. 3. Any person convicted of assault under C and D shall be sentenced to a fine not to exceed Five-Thousand dollars ($5, ) and imprisoned for a minimum term of thirty (30) days but not to exceed one (1) year, or both.

5 History: Enacted 1967, amended 3/25/96, Tribal Resolution (#139-96) Section 2. Any person who shall knowingly or purposely take away or detain another person against his or her will shall be guilty of the offense of abduction. 2. Any person convicted of the charge of abduction shall be sentenced to a fine not to exceed Five Thousand ($5, ) or imprisoned for a term not to exceed one (1) year, or both. History enacted 1967, amended 3/25/96, Tribal Resolution (#139-96) Section 3. Any person commits the offense of burglary if he or she knowingly enters or remains unlawfully in an occupied structure with the purpose to commit an offense . 2. Any person convicted of Burglary shall be fined an amount not to exceed Five Thousand (5, ), or imprisoned for a term not to exceed one (1) year, or both. History: Enacted 3/25/96, Tribal Resolution (#139-96) Section 4.

6 Criminal (3 of 18) [8/4/2008 7:09:30 PM]Blackfeet Tribal Law and Order Code, Ch. 5 - [Offenses]1. Any person who knowingly or purposely engages in conduct that creates a substantial risk of serious bodily injury. 2. Any person convicted of the offense of Criminal Endangerment shall be sentenced to a fine not to exceed Three Thousand Dollars ($3, ) or imprisoned for a term not to exceed nine (9) months, or both. History: Enacted 3/25/96, Tribal Resolution (#139-96) Section 5. Domestic Any person commits the offense of domestic abuse if he or she: A. purposely or knowingly causes bodily injury to a family member or household member; or B. purposely or knowingly causes apprehension of bodily injury to a family member or household member. C. Whenever a peace officer arrests an Indian for Domestic Abuse if the victim is present, the officer shall advise the victim of the availability of a shelter or other services in the community and give the victim immediate notice of any legal rights and remedies available.

7 D. Whenever a law enforcement officer is called to the scene of a reported incident of domestic violence, but he does not make an arrest, he shall file a written report with his supervisor setting forth the reason or reasons for this decision. E. An arrest is the preferred response in domestic abuse cases which involve: 1. injury to the victim, or 2. the use or threatened use of a weapon, or 3. violation of a restraining order, or 4. imminent danger to the victim; 2. Any person convicted of a first or or second offense of domestic abuse shall be fined an amount not to exceed One Thousand Dollars (1, ), or imprisoned for a term not to exceed six (6) months. The defendant is also required to complete a minimum of twenty (20) hours of counseling. 3. Any person convicted of a third or subsequent offense shall be fined an (4 of 18) [8/4/2008 7:09:30 PM]Blackfeet Tribal Law and Order Code, Ch.

8 5 - [Offenses]amount not to exceed Five Thousand ($5, ), or imprisoned for a term not to exceed one year (1), or both. The defendant is also required to complete a minimum of forty (40) hours of counseling. History: Enacted in 1987, amended in 3/25/96, Tribal Resolution (#139-96) Section 6. Negligent Any person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury. 2. Any person convicted of negligent endangerment shall be fined an amount not to exceed One Thousand Dollars ($1, ), or imprisoned for a term not to exceed nine (9) months, or both. History: Enacted in 1967, amended in 3/25/96, Tribal Resolution (#139-96) Section 7. Any person commits the offense of nonsupport if he or she fails to provide support, within a reasonable amount of time, when able, and they know he or she is legally obliged to provide, for a child under the age of eighteen years (18).

9 2. Any person convicted of nonsupport shall be fined an amount not to exceed Five Hundred Dollars ($ ), or imprisoned for a term not to exceed six (6) months, or both. History: Enacted 3/25/96, Tribal Resolution (#139-96) Section 8. Stalking. 1. Any person commits the offense of nonsupport if he or she purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly; A. following the stalked person; or B. following, threatening, or intimidating the stalked person, in person or by phone, by mail, or by other action, device, or method. 2. This section does not apply to a constitutionally protected activity. (5 of 18) [8/4/2008 7:09:30 PM]Blackfeet Tribal Law and Order Code, Ch. 5 - [Offenses] 3. For the first offense , a person convicted of stalking shall be imprisoned in the tribal jail for a term not to exceed six (6) months or fined an amount not to exceed one thousand dollars ($1, ) or both.

10 For a second or subsequent offense or for a first offense against a victim who was under the protection in the Blackfeet Tribal Jail for a term not to exceed one (1) year or fined an amount not to exceed five thousand dollars ($5, ), or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense . 4. Upon reasonable presentation of credible evidence of violation of this Section, an order may be granted restraining a person from engaging in the activity described in subsection (1). History: Enacted 1993, amended 3/25/96, Tribal Resolution (#139-96) Section 9. Sexual Intercourse Without Consent. 1. Any person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without content.