[Adopted 10-17-1991 by Ord. No. 91-15]
A crime is conduct which is prohibited by tribal
law and punishable by fine or imprisonment or both. Conduct punishable
only by a forfeiture is not a crime.
A.
Whoever is concerned in the commission of a crime
is a principal and may be charged with and convicted of the commission
of the crime although he did not directly commit it and although the
person who directly committed it has not been convicted or has been
convicted of some other degree of the crime or of some other crime
based on the same act.
B.
A person is concerned in the commission of the crime
if he/she:
(1)
Directly commits the crime;
(2)
Intentionally aids and abets the commission of it;
or
(3)
Is a party to a conspiracy with another to commit
it or advises, hires, counsels or otherwise procures another to commit
it. Such a party is also concerned in the commission of any other
crime which is committed in pursuance of the intended crime and which
under the circumstances is a natural and probable consequence of the
intended crime. This subsection does not apply to a person who voluntarily
changes his mind and no longer desires that the crime be committed
and notifies the other parties concerned of his withdrawal within
a reasonable time before the commission of the crime so as to allow
the others also to withdraw.
If an act forms the basis for a crime punishable
under more than one tribal law or provision, prosecution may proceed
under any or all such provisions.
Any person who is found to be in violation of
any provision of this article shall be fined or imprisoned in accordance
with the penalties prescribed under the Tribe's criminals laws in
which any person is adjudged to be party to crime. The Tribal Court
shall also have the discretion to order restitution where warranted.
