[Adopted 1-24-2000 by Ord. No. 99-33; amended in its entirety 9-6-2007]
Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a tribal crime and subject to the following penalties:
A. 
Penalties. Upon conviction, the Court shall impose a fine of not less than $1,000 nor more than $5,000 and a jail term of not less than six months nor more than one year in tribal jail. In addition to the above penalties, the Court may order the defendant to pay for all expenses caused as a result of the threat, including but not limited to evacuation costs, operational costs and property damage. In the case of a violation of this article by a student pursuant to § 290-71 below, the Court shall have broad discretion pursuant to § 290-71B(2) to determine the penalties and/or the disposition; provided, however, that in no case shall the Court assess a penalty in excess of $5,000 and/or a jail term exceeding six months, if the student is an adult, or to determine disposition if the student is prosecuted under the tribally adopted juvenile code.[1]
[1]
Editor's Note: See Ch. 278, Children's Code.
Any student who conveys or causes to convey any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property of a school or other place of learning by the means of explosives violates § 290-70 of this article and is subject to the penalties pursuant to § 290-71A, if prosecuted as an adult, or pursuant to the penalties of the tribally adopted juvenile code, if prosecuted as a juvenile delinquent. In addition to penalties that may be imposed by the Court, the student shall face the following administrative action by the school:
A. 
The student(s) will be suspended from school immediately and referred to the School Board for an expulsion hearing.
B. 
In addition, the student(s) will be referred to an appropriate agency for an evaluation/assessment of this threat and follow through with any recommendations from this assessment.
(1) 
A team action plan for intervention will be developed by the school and community agencies to address behaviors identified in the assessment.
(2) 
The Tribal Court shall consider the level of cooperation and compliance the student shows with regards to the plan in determining the penalties or disposition to be imposed in any prosecution and conviction arising out of the bomb scare made by the student.