Rosebud SIoux Tribe Criminal Offense Code

ROSEBUD SIOUX TRIBAL OFFENSE CODE—UPDATED Code Generic Name | Classification Special Notes Section $-1-2 Aiding, Abetting, Advising or AB The underlying offense determines Assisting Criminal Conduct the classification of offense if | | underlying is an A then so is this 5-13 | Accessory to a Crime A ‘Only Class A offenses can be | charged as this Simple Assault B Aggravated Assault A inapping A Stalking A Follows, harasses OR makes a credible threat of bodily injury 574 ‘Aggravated Sexual Abuse A Coercion, force, threats of bodily | injury or kidnapping OR when the victim is under the age of 12 | NOTE: this section covers all acts of penetration Sexual Abuse A Incapable of consent, victim is 12- 16 YOA, or if suspect is more than 4 yrs older than victim, This code section includes incest NOTE: this section covers acts of penetration 574 ‘Abusive Sexual Contact a Force, fear, threats of force, death | bodily injury, mental or physical incapacity, under the age of 12 OR 12-16 and suspect is 4 yrs older ‘than victim and incest | NOTE: this section does NOT | cover any acts of penetration 5-7-5 Sexual Contact without A | Consent with Person Capable | of Consenting. 5-7-7 Threatening to Commit a B Sexual Offense 5-8-4 Child Neglect A 5-8-5, Child Abuse A 5.91 Prostitution 8 5-9-3, Procuring & Promoting B Prostitution: 4 S114 Discharge of Weapon ina ] A “| | Public Place | 5-11-5 | Carrying a Concealed Weapon B lCode Generic Name Classification | Special Notes Section 5-11-6 Possession of a Firearm by a | A Applies to any Class A conviction in Felon tribal court if the conviction is less than 6 years prior 5-117 Possession of a Firearm or B&c Dangerous Weapon while Intoxicated | any other dangerous weapon =8 5-11-8 Possession of a Firearm by a B | Must be under the age of 16 and Minor without consent of parent 5-13-1 Vandalism ABC \=damage exceeds $500 5-14-1 Escape B 5-14-2 Aiding an Escape B 516-1 Perjury 8 5-162 False Alarm B False fire alarm, or emergency, implicating another falsely, False reporting or failing or refusing to give correct Name, or address 5-16-3 Tampering with a Witness A 5-16-4 Retaliation Against a Witness A 5-16-14 | Resisting Arrest B 5-16-15, | Failure to Appear A 5-17-1 | Disorderly Conduct c 1. fighting or violent behavior 2. unreasonable noise 3. Disturbing assembly 4. obstructing vehicular or Pedestrian traffic 5. indecent, profane, vulgar actions or words 6. noxious odor by chemical 7. displays firearm in public 8. begs for money or thing of value 5-18-1 Protective Custody c 5-18-2 Public Consumption of Alcohol c ~aka open container 5-18-3 Minor in Possession of c Alcoholic Beverage 519-4 Curfew Violation c 5-20-1 Contributing to the B Minor MUST be under the age of Delinquency of a Minor 18Generic Name Classifica’ Special Notes Possession With Intent to Distribute Arson. ABC 522-4 Reckless Burning B 523-4 Burglary A Enters ANY structure with intent to commit ANY crime 5-23-2 Simple Trespass c 523-4 Aggravated Trespass B Intent to commit a crime on the property 5-201 Robbery A 5-25-1 Theft ABC ‘Asvalue $200+ 8=$50-200 C= less than $50, 5-25-3 Theft by Fraud ABC A=value $200+ B=$50-200 Celessthan$50__ 5-25-4 Theft by Extortion A,B,C A=value $200+ B=$50-200 C= less than $50 5-25-6 Receiving Stolen Property A,B,C A=value $200+ 8=$50-200 C= less than $50 525-8 Theft by Embezzlement ABC ‘Azvalue $200+ B=$50-200 | C= less than $50 5-25-9 Theft By Credit Card ABC A=value $200+ B=$50-200 jess than $50 5-26-1 Forgery A 5-28-10 Distribution, Manufacture, or A Controlled Substances ONLY— Possession with Intent to meth, or prescription excluding Distribute tramadol 5-28-11 Unlawful Possession of a B Controlled Substance 5-28-13 Inhabiting a room where a B Controlled Substance is Illegally Stored or Used 5-294 Possession of Marijuana AB ‘A=More than an ounce | sss than an ounce 5-29-2 | Manufacture, Distribution or A Grows, packages, repackages, dries or prepares for distribution, distributes or possesses with intent | to distributee. Code Generic Name Classification | Special Notes Section 5-29-3 Distribution of Marijuana to a A UNDER the age of 18 minor 5301 Bribery of Public Office A 5-34-1 Riot A Minimum of 3 people (531-2, Failure to Disperse B 5315 Drive By Shooting A 531-6 Participating in Drive By I A Shooting i 532-1 Huffing _ B 5-33-41 Window Peeking c 5-37-10 INTENTIONAL abuse of the B AGE alone is not enough under the elderly or disabled code, must also have a disability— ive, a walker ete. 53741 NEGLIGENT abuse of the B {AGE alone is not enough under the elderiy or disabled code, must also have a disability— i.e. a walker etc... 538-2 Domestic Abuse A Fear and Apprehension as well as physical 6-11 Driving Under the Influence B ASK FOR INTOXILIZER EVERY TIME—IF REFUSE FILL OUT THE | FORM AND NOTE REFUSAL 6-2-1 Reckless Driving B I 6-3-1 Exhibition Driving c 6-4-1 Driving while Suspended B 8-2-1 Contempt of Court Pe ARRESTABLE OFFENSE 10-3-2 Purchase Possession by a B Minor 4TRAFFIC CODES--ALL FALL UNDER 6-5-1 AND ALL ARE CLASS C OFFENSES BY COURT RULE 325-44 Plates without yearly designation 325-91 No Registration 325-98 Operations without number or No Tags 32-12-22 No Driver's License z 32-12-39 No license in possession 32-12-73 Permitting Unauthorized use of vehicle 32-15-21 Cracked or Broken Glass Prohibited 32-15-24 ‘One Way Glass (front side doors) 32-15-25 ‘One Way Glass (rear window) 3215-6 | Object between Driver and Window 32-15-7, | Windshield Wipers Required 32-15-10 Horn Required 32-15-13 Directional Signals Required 32-16-28 Passing on the Right Driving off of the pavement 3247-4 Headlamps Required 3274 Periods Which Headiamps must be lit 32475 Construction and Adjustment of Headlamps 3217-7 Circumstances Under Which High Headlamps must be dimmed 321747 ‘Auniliary Driving Lights (restricted) 322551 Unreasonable Stow Speed 3225-7 Establishment of Speed Zones-Posting of Zones 32-25-112 SPEEDING $35 fine+5 in court Cost and $2 for ‘every MPH over the posted limit 3226-19 Left Turning Vehicles-Right of Way of Oncoming Vehicle 32:26:23 ‘Arm Signals, Mechanical Signals and electrical Signals 32-26-25 U-Turn Prohibited 32-2628 Passing on the Right 32-26-40 Following Too Closel 32287 Meaning of Red Flashing Lights 322924 ‘Action Required at Stop Sign 32-29-22 ‘Stop Required Prior to Entering Highway 32-29-37 Passing in a NO Passing Zone 32-30-20 Unsafe Backing [32316 Duty of Other Motorists upon approach of Emergency Vehicles a 32316 Duty of Motorist to slow or stop on obedience to amber or fed signals 32343 Duty of vehicle to stop in Case of an Accident 3234-8 Duty to Stop After an Accident 32345 it and Run Accident Resulting in Death or Injury, Leaving the Scene of an Accident 323407 Duty to Give Immediate Notice of an Accident to an Officer 3235-4 Duty to Stop After an Accident With Unattended Vehicle or Property

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