[Adopted 2-5-2009 by Ord. No. 08-30]
The Menominee Indian Tribe of Wisconsin enacts this article for the purpose of ensuring the protection of jurors, witnesses and victims who participate and cooperate in the administration of justice on the Menominee Indian Reservation.
This article shall be titled "Jury, Witness and Victim Tampering."
As used in this article, the following terms shall have the meanings indicated:
LAW ENFORCEMENT OFFICER
Any member of the Menominee Tribal Police Department, Menominee Tribal Conservation Warden, or other bona fide peace officer acting within his or her official capacity.
PROSECUTOR
Any prosecutor of the Menominee Tribal Prosecutor's office or other prosecutor acting within his or her official capacity.
VICTIM
Any natural person against whom any crime as defined under the laws of the Menominee Indian Tribe of Wisconsin or under the laws of the United States is being or has been perpetrated or attempted within the jurisdiction of the Menominee Indian Tribe of Wisconsin.
WITNESS
Any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced, whose declaration under oath is received as evidence for any purpose; who has provided information concerning any crime to any law enforcement officer or prosecutor; who has provided information concerning a crime to any employee or agent of a law enforcement agency using a crime reporting hot line or other telephone number provided by the law enforcement agency; or who has been served with a subpoena issued by the Menominee Tribal Court or any court of the United States.
A. 
Any person who uses physical force or the threat of physical force against any person summoned as a juror, serving as a juror, or who previously served as a juror or a family member of a juror, in relation to any matter, with the intent to influence the juror's actions or decision in a court trial or hearing or prevent his or her participation in a court proceeding or in retaliation for a decision rendered, or attempts to do so, shall be punished by incarceration for not more than one year and be fined up to $5,000 per offense. The court may also order restitution to the victim.
B. 
Any person who knowingly communicates with any person summoned or serving as a juror, directly or through another person, other than in the regular course of court proceedings, or attempts to do so, in relation to any matter, with the intent to influence his or her actions or decision in a court trial or hearing shall be punished by incarceration for not more than six months and be fined up to $2,500 per offense.
C. 
Whoever conspires to commit any offense under this section shall be subject to the same penalties as someone who commits the offense or conspires to commit the offense.
A. 
Any person who uses physical force or the threat of physical force against another person, or attempts to do so, with the intent to (1) influence, delay or prevent the attendance or testimony of any person in an official or court proceeding; or (2) prevent the production of a record, document, or other object in an official or court proceeding; or (3) prevent the communication by any person to a law enforcement officer or Judge of the Menominee Indian Tribe of Wisconsin or other Judge of the United States of information relating to the commission or possible commission of a crime or a violation of conditions of probation, parole, supervised release, or release pending judicial proceedings, shall be punished, per offense, by incarceration for not more than one year and be fined up to $5,000. The court may also order restitution to the victim.
B. 
Any person who knowingly uses intimidation, threatens or corruptly persuades another person, engages in misleading conduct toward another person, or attempts to do so, with intent to (1) influence, delay, or prevent the testimony of any person in an official or court proceeding; or (2) cause or induce any person to (a) withhold testimony, or withhold a record, document or other object, from an official proceeding; or (b) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official or court proceeding; or (c) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official or court proceeding; or (d) be absent from an official or court proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or Judge of the United States of information relating to the commission or possible commission of a crime or a violation of conditions of probation, parole, supervised release, or release pending judicial proceedings, shall be punished, per offense, by incarceration for not more than six months and be fined up to $2,500. The court may also order restitution to the victim.
C. 
Any person who corruptly (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official or court proceeding; or (2) otherwise obstructs, influences, or impedes any official or court proceeding; or attempts to do so, shall be punished, per offense, by incarceration for not more than six months and/or be fined up to $2,500.
D. 
Any person who intentionally harasses another person and thereby hinders, delays or prevents, or dissuades any person from (1) attending or testifying in an official or court proceeding; or (2) reporting to a law enforcement officer or Judge of the Menominee Tribal Court or other court of the United States the commission or possible commission of a crime or a violation of conditions of probation, parole, supervised release, or release pending judicial proceedings; or (3) arresting or seeking the arrest of another person in connection with a crime; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be punished, per offense, by incarceration for not more than three months and/or be fined up to $1,000.
E. 
In a prosecution for an offense under this section it is a defense that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testify truthfully.
F. 
An official or court proceeding need not be pending or about to be instituted at the time of the offense, and the testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.
G. 
Whoever conspires to commit any offense under this section shall be subject to the same penalties as someone who commits the offense or attempts to commit the offense.
For any defendant who is convicted three or more times for any offense under this article, the maximum penalty may be increased, per offense, to incarceration for not more than one year and/or a fine up to $5,000.