[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988. As amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992.]
(a)
Definition. The criminal jurisdiction of the Grand Traverse Band
(also referred to in this code as "GTB" and/or "the Band") is its
power to prohibit certain conduct, as a matter of public policy, within
its territory.
(b)
Power Implemented. That power is exercised by enacting this code
and by punishing people who violate its laws.
(c)
Territorial Extent. The criminal jurisdiction of the Grand Traverse
Band shall extend to:
(1)
All lands within the Grand Traverse Band Reservation, whether held
in trust or privately-owned;
(2)
All trust land held by the United States for the benefit of the Grand
Traverse Band;
(3)
Any other Tribal lands; and
(4)
The activities of Band members when exercising treaty hunting and
fishing rights wherever such activity occurs.
(d)
Persons Under GTB Criminal Jurisdiction. The criminal jurisdiction
of the Band shall extend to:
(1)
All members of the Band; and
(2)
All other Indians present within the areas described in § 101(c)
of this code.
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The criminal jurisdiction of the Band shall only extend to adults.
However, upon motion of the Tribal Prosecutor, the judge may, in his/her
discretion, try a minor as an adult.
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Comment: The Grand Traverse Band, as a sovereign
Tribal entity, possesses the power to regulate conduct within its
territory. The criminal jurisdiction of the Band, its power to prohibit
certain conduct within its territory and to punish those who violate
its laws, has been limited by the United States Congress and the United
States Supreme Court in the following ways:
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(1)
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Major Crimes Act: The Major Crimes Act (MCA), 18 U.S.C. § 1153,
originally enacted by the U.S. Congress in 1885, gives the federal
government jurisdiction over certain enumerated "major crimes" committed
by one Indian against the person or property of another in Indian
country. These crimes include murder, manslaughter, kidnapping, rape,
statutory rape, involuntary sodomy, assault with intent to commit
rape, incest, assault with intent to commit murder, assault with a
deadly weapon, assault resulting in serious bodily injury, arson,
burglary, and robbery. The MCA has backfired to a large extent, because
many of these crimes committed in Indian country now go unpunished.
The federal government has not devoted adequate resources to enforce
the MCA, so federal prosecutors are reluctant to prosecute crimes
that fall under MCA. Indian tribes retain concurrent jurisdiction
over these crimes. These "Major crimes" are thus included in this
code to insure that those who commit major crimes in GTB territory
are not allowed to go unpunished.
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(2)
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Indian Civil Rights Act (ICRA): The ICRA, 25 U.S.C. § 1302,
was enacted by Congress in 1968. It makes many of the protections
included in the United States Constitution's Bill of Rights applicable
to the conduct of Indian tribes. It also limits the punishment that
an Indian tribe may impose to a one year jail term or to a fine of
$5,000, or both.
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(3)
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Non-Indians: Under Oliphant v. Suquamish Indian Tribe, 435 U.S.
191 (1978), an Indian tribe cannot try a non-Indian in tribal court
[for criminal matters]. This code, therefore, states that the Band's
criminal jurisdiction shall only be exercised over Band members and
other Indians present within the Band's territory.
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§ 101(c) is drafted broadly to include all of the
Band's territory within its criminal jurisdiction. It is no longer
debatable that the Band can exercise jurisdiction over its members
when exercising treaty hunting and fishing rights, regardless of whether
such activity occurs within "Indian country."
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[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988. As amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992.]
For purposes of this Criminal Code:
(b)
Mental State: Malice. A person acts "maliciously" or "with malice"
when that person consciously formulates a plan to injure the person
or property of another and takes steps to carry out such a plan.
(c)
Mental State: Intent. A person acts "intentionally" or "with intent"
with respect to conduct when it is that person's conscious desire
to engage in certain conduct.
(d)
Mental State: Knowledge. A person acts "knowingly" or "with knowledge"
when that person is aware of his/her actions and the probable consequences
of such actions.
(e)
Mental State: Wanton or Reckless. A person acts "wantonly" or "recklessly"
when that person is aware, or should be aware, that certain conduct
will endanger the health, safety, or property of others but persists
in engaging in the conduct despite the risks.
(f)
Mental State: Negligent. A person acts "negligently" or "with neglect"
when that person acts in a manner that endangers the safety or property
of others without exercising the care that a reasonably prudent person
would exercise under the same or similar circumstances.
(g)
Minor. A "minor" is any person under 18 years of age.
(h)
Adult. For purposes of criminal jurisdiction, an "adult" is any person
18 years of age or older.
(i)
Motor Vehicle. "Motor vehicle" means any car, truck, motorcycle,
or other motor-operated vehicle.
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Comment: The United States Congress has clarified
that tribal governments may exercise criminal jurisdiction over non-member
Indians on tribal lands. "Indian" is therefore defined as any member
of the Grand Traverse Band or any federally-recognized tribe and any
person of Indian blood who is generally considered to be an American
Indian by the community.
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This Chapter of the code also includes definitions of five different
mental states. One of these mental states is an essential element
of any given crime.
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[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988. As amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992; and amended by Tribal Council
motion at a Tribal Council Special Session on June 26, 2019.]
(a)
Culpability. A person shall not be guilty of an offense unless that
person acted intentionally, maliciously, knowingly, recklessly, or
negligently as the law requires with respect to each material element
of the offense. Provided that any material element of an offense that
does not require a mental state may be established by proving that
the person participated in the prohibited conduct regardless of his/her
state of mind.
(b)
Proof. No person may be convicted of an offense unless each element
of the offense is proved beyond a reasonable doubt.
(d)
Statute of Limitations. Prosecution for any criminal offense must
commence within three years after the offense is discovered or reasonably
could have been discovered.
(1)
Except as provided in this section, a limitation of time prescribed
in this chapter is not tolled or extended for any reason.
(2)
No time during which prosecution of the same person for the same
conduct is pending in the Tribal Court or a federal court is a part
of a limitation of time prescribed in this chapter.
(3)
The period of limitation does not run during any time when the defendant
is continuously absent from GTB's jurisdiction after the offense is
committed. This provision shall not extend the period of limitation
prescribed by this chapter by more than three years, but shall not
be construed to limit the prosecution of a defendant who has been
timely charged and who has not been arrested due to his or her absence
from GTB's jurisdiction.
(4)
No retroactive effect. An amendment to this Subsection (d) that alters
the length of the limitation period does not extend the statute of
limitations on any action or conduct completed prior to the date of
the amendment.
(e)
Multiple Counts. When the conduct of a defendant establishes the
commission of more than one offense, the defendant may be prosecuted
for each such offense, unless:
(1)
One offense consists only of an attempt to commit the other;
(2)
Inconsistent findings of fact are required to establish commission
of the offenses; or
(3)
The offenses differ only in that one prohibits a designated kind
of conduct generally, and the other prohibits a specific instance
of such conduct.
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Comment: Section 103(a) states that a person cannot
be guilty of an offense unless that person acted with the requisite
mental state, if a mental state is specified in the offense. For instance,
to be convicted of battery it must be shown that a person intentionally struck another. If a person inadvertently
bumps into another, he/she cannot be convicted of battery, because
he/she did not act with intent.
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Section 103(b) states that in order to convict a person of an
offense, each element must be proved beyond a reasonable doubt. Beyond
a reasonable doubt means more than a mere likelihood. It means that
the evidence as presented makes it virtually impossible for any other
conclusion to be reached. Each element must be proved beyond a reasonable
doubt. For instance, in order to convict a person of improper influence
of an official under § 107(h)(2), it must be proved beyond
a reasonable doubt that the person: (1) threatened harm to a tribal
official, and (2) did so with the intent of influencing such person's
official actions.
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Section 103(c) makes clear that intoxication in itself is not
a viable defense. However, under certain circumstances it may negate
an element of the offense, such as intent or knowledge. However, self-induced
intoxication can never negate the element of recklessness. A person
can act recklessly whether or not that person is aware of what he/she
is doing.
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[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988. As amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992.]
(a)
Duress. It is an affirmative defense that the defendant, engaged
in the conduct charged to constitute an offense, was coerced against
his/her will by the use of, or threatened use of, unlawful force against
his/her person or the person of another. The coercion must be such
that a person of reasonable firmness would be unable to resist.
(b)
Protection of Self, Property, or Other Person. The use of reasonable
force toward another person is justified and is an affirmative defense,
if and only if:
(1)
The force is directed toward one who is using unlawful force; and
(2)
The person using such force reasonably believes the use of force
is necessary for his/her protection or that of a third person.
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The use of reasonable force toward another person is justified
and is an affirmative defense if used to prevent the unlawful entry
into the dwelling of the person asserting the defense, or into the
dwelling of another, or to prevent the unlawful carrying away of personal
property.
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(c)
Alibi. The defense of alibi, that the accused was somewhere else
when the crime was committed, shall be treated procedurally as an
affirmative defense.
(d)
Procedures for Raising Affirmative Defense. The procedures for raising
and pleading affirmative defenses shall be specified by Court Rule.
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Comment: An affirmative defense does not negate
an element of the crime, but raises additional circumstances that
provide justification for the actions, relieving the defendant of
culpability, so that he/she is not held criminally liable. For instance,
if a person raises the affirmative defense of duress when being accused
of battery, that person does not deny that he/she intentionally struck
another. But, that person may state, for example, that he/she was
coerced into doing so by the threats of a third person.
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Similarly, if a person raises the defense of protection of self,
property, or other person, to a charge of battery, that person is
not denying that he/she intentionally struck another. However, that
person is stating that his/her actions were necessary to protect himself/herself
or another, and therefore such actions are justified.
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[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988. As amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992.]
(a)
Right to Counsel. Any person accused of an offense under this code
may represent himself before the Tribal Court, or may be represented,
at his/her own expense, by a person duly licensed to practice before
the Tribal Court.
(b)
Persons Licensed to Practice in Tribal Court. An attorney admitted
to practice law in any state may be licensed to practice in GTB Courts
upon:
(1)
Payment of an annual fee, as specified by Court Rule; provided that
the fee may be waived if the attorney is providing pro bono services;
(2)
Certification to the Tribal Court that he/she has read the Court
Rules; and
(3)
Taking of an oath to uphold the Constitution and laws of the Grand
Traverse Band of Ottawa and Chippewa Indians, maintaining due respect
for the Tribal Court, and employing, in his/her conduct and duties,
the highest degree of ethical and moral standards with which the legal
profession is charged. The Tribal Court Rules may also set out a procedure
for licensing non-attorney Tribal members to practice before the Tribal
Court.
[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988; as amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992; as amended by Tribal Act #03-21.1200,
enacted by Tribal Council on March 19, 2003.]
(a)
Types of Sentences. The Court may suspend the imposition of sentence
of a person who has been convicted of a crime, may order an appropriate
rehabilitative treatment, may order the offender to be committed in
lieu of sentence to a hospital or other institution for medical, psychiatric,
or other rehabilitative treatment, or may sentence him/her as follows:
(b)
Delayed Sentencing. The judge may delay final sentencing for a period
up to one year, and order community service and/or rehabilitative
services during that time. At the end of the specified time, the judge
may, if appropriate, dismiss the charges and expunge them from the
Court record.
(c)
Taking Jurisdiction over Family or Household. When an offense has
been committed against the family under § 107(k) of this
Title, the Court may take jurisdiction over the family or household,
make child/victims wards of the Court, and issue such orders as are
necessary to ensure the safety and welfare of family members.
(d)
Probation. The Court shall have the discretion in any case, expect
where prohibited by this code or by Tribal ordinance, to suspend all
or any part of an offender's sentence and release the defendant on
probation. The offender shall sign a probationary pledge, the conditions
and limitations of which shall be clearly set forth by the Court.
(e)
Victim's Impact Statement. Prior to sentencing, the Court shall inform
the victim(s) of their right to submit a written statement to the
Court detailing the physical, material, and emotional damages that
they suffered as a result of the offender's actions. The judge, in
his/her discretion, may allow oral testimony to be taken regarding
such damages, in addition to, or in lieu of, the written statement.
(f)
Sentencing Considerations. Before imposing sentence, the Court shall
take into consideration the offender's prior record, family circumstances,
employment status, and any other circumstance which will aid in imposing
a just and fair sentence, paying particular attention to the victim's
impact statement described above. Restitution and community service
work should generally be preferred over incarceration. A judge should
only order incarceration when the Court determines that it is necessary
for the safety of the community, or when the Court determines that
the offender is unlikely to cooperate in providing restitution or
performing community service work, or when the offense committed is
such that incarceration is the only viable punishment.
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Comment: The Tribal Court Judge has considerable
discretion in fashioning an appropriate sentence for a person convicted
of an offense. However, as was noted above, the maximum jail term
and fine that a Tribal Judge may sentence a criminal to is one year
or $5,000, or both.
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Keeping someone in jail is very expensive, and thus drains Tribal
resources. Incarceration has not been proven to have significant rehabilitative
value. Therefore, it is recommended that other forms of punishment,
such as community service work, which will benefit the Tribe, or restitution
to help the victim recover from his/her injuries, be preferred over
incarceration. It is suggested that incarceration be utilized when
the circumstances, such as the violent propensity of the offender,
make it the only viable alternative.
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The ICRA gives the accused a right to a jury trial any time
imprisonment is a possibility. Section 106(g) allows the Court, prior
to trial, to rule that imprisonment will be considered in the case.
In all other cases, imprisonment will not be a potential punishment
and thus the accused will not have the right to a jury trial.
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[History: The Criminal Code was adopted by the Tribal Council
on April 20, 1988; as amended by Tribal Act #92-10.78, enacted by
Tribal Council on October 20, 1992; as amended by Tribal Act #00-18.883,
adopted by Tribal Council in Special Session on August 10, 2000; as
amended by Tribal Council in Special Session on February 27, 2001;
as amended by Tribal Act #04-22.1389, enacted by Tribal Council on
May 14, 2004; as amended by Tribal Act #04-22.1465, enacted by Tribal
Council on November 24, 2004; as amended by Tribal Act #04-22.1467,
enacted by Tribal Council on December 15, 2004; as amended by Tribal
Act #07-25.1863, enacted by Tribal Council in Special Session on November
28, 2007; as amended by Tribal Act #10-28.2207, enacted by Tribal
Council on July 21, 2010; as amended by Tribal Council Resolution
#19-37.3091 on June 29, 2019, which implemented Tribal Council Resolution
#18-36.3047[1], adopted at a Tribal Council Regular Session on April
17, 2019.]
(a)
Contempt of Court and Perjury.
(1)
Contempt of Court.
(A)
Offense. Intentional and unjustifiable behavior by any person,
which disrupts, obstructs, or otherwise interferes with the conduct
of any proceeding of the Court, or which obstructs, or interferes
with the administration of justice by the Court, including disobedience
or resistance to, or interference with, any lawful summons, subpoena,
process, order, rule, term of probation, sentence, decree, or command
of the Court, including failure to appear for a court date, shall
constitute contempt of court.
(B)
Contempt Committed in the Presence of the Court. When contempt
of court is committed in the presence of the Court it may be punished
summarily by the Court. In such case, an order shall be made reciting
the facts constituting the contempt, adjudging the person guilty of
contempt, and prescribing the punishment.
(C)
Contempt Committed Out of the Presence of the Court. When it
appears to the Court that a contempt has been committed out of the
presence of the Court, the Court may issue a summons to the person
so charged directing him/her to appear at a time and place designated
for hearing on the matter.
(D)
Sentence. A person found guilty of contempt of court may be
sentenced to a jail term not to exceed 30 days, or to a fine not to
exceed $1,000, or to both. In addition, if a person is charged with
contempt for jumping bail, the Court may order forfeiture of the person's
bail.
(b)
Scheming and Planning Offenses.
(1)
Solicitation.
(A)
Offense. A person commits solicitation if, with intent that
another person engage in illegal conduct, he/she commands, entreats,
induces or otherwise endeavors to persuade such person to engage in
illegal conduct.
(B)
Affirmative Defense. It is an affirmative defense to a charge
of solicitation that the defendant completely renounced his/her criminal
intent before commission of the crime, and made a reasonable attempt
to prevent the solicited conduct.
(C)
Sentence. A person convicted of solicitation shall be subject
to the same punishment as that specified in this code for the completed
offense.
(2)
Conspiracy.
(A)
Offense. A person commits conspiracy if that person agrees with
one or more persons, with the intent to promote or facilitate the
commission of an offense, that at least one of them will engage in
conduct constituting the offense, and one of the parties commits an
overt act in furtherance of the agreement.
(B)
Affirmative Defense. It is an affirmative defense to a charge
of conspiracy that the defendant completely and voluntarily renounced
his/her criminal intent before commission of the crime, and made a
reasonable attempt to prevent the illegal action.
(C)
Sentence. A person convicted of conspiracy shall be subject
to the same punishment as that specified in this code for the completed
offense.
(3)
Attempt.
(A)
Offense. A person commits an attempt, with respect to any of
the enumerated offenses in this code, if that person, acting with
the intent to commit the offense, takes a substantial step toward
the commission of the crime, and does not retract his/her action,
but is foiled by circumstances beyond his/her control.
(B)
Sentence. A person convicted of an attempt shall be subject
to the same punishment as that specified in this code for the completed
offense.
(4)
Contributing to the Delinquency of a Minor.
(A)
Offense. Any person who aids, abets, or encourages any minor
to commit an act that would be an offense under this code, if committed
by an adult, shall be guilty of contributing to the delinquency of
a minor.
(B)
Sentence. A person convicted of contributing to the delinquency
of a minor may be sentenced to a jail term not to exceed 60 days,
or to a fine not to exceed on $1,000, or to both.
(5)
Aiding and Abetting.
(A)
Offense. A person commits an offense if he/she knowingly aids
or abets another person in the commission or furtherance of a crime.
(B)
Sentence. A person found guilty of aiding and abetting will
be subject to the same sentence as provided for the underlying crime.
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Comment: A person cannot be found guilty of aiding
and abetting if the principal offender is found not guilty of the
underlying crime.
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(c)
Offenses Against the Person.
(1)
Assault.
(A)
Offense. A person commits assault if that person, by any unlawful
act, threat, or menacing conduct, causes another person to reasonably
believe that the other person is in immediate danger of physical harm.
(B)
Sentence. A person convicted of assault may be sentenced to
a jail term not to exceed 93 days or to a fine not to exceed $1,000,
or to both.
(2)
Assault with a Weapon.
(A)
Offense. A person commits assault with a weapon if that person,
through the use, or threatened use, of a weapon, causes another person
to reasonably believe that he/she is in immediate danger of physical
harm.
(B)
Sentence. A person convicted of assault with a weapon may be
sentenced to a jail term not to exceed one year, or to a fine not
to exceed $5,000, or to both.
(4)
(Reserved)
(5)
(Reserved)
(6)
Unlawful Imprisonment.
(A)
Offense. A person commits unlawful imprisonment if, without
lawful authority, that person intentionally removes, detains, restrains,
or confines the person of another without his/her consent.
(B)
Sentence. A person convicted of unlawful imprisonment may be
sentenced to a jail term not to exceed one year or to a fine not to
exceed $5,000, or to both.
(7)
Harassment.
(A)
Offense. A person who verbally harasses another, including obscene
or threatening phone calls, with the intent of causing that person
physical or emotional harm, shall be guilty of an offense.
(B)
Sentence. A person convicted of harassment may be sentenced
to a jail term not to exceed 60 days or to a fine not to exceed $1,000,
or to both.
(d)
Weapons and Explosives.
(1)
Carrying of a Deadly Weapon without a License.
(A)
Offense. A person who carries a deadly weapon without being
licensed to do so by the Grand Traverse Band or by the State of Michigan
commits an offense.
(B)
Sentence. A person convicted of unlawful carrying of a deadly
weapon without a license may be sentenced to a jail term not to exceed
60 days or to a fine not to exceed $1,000, or to both. The judge may
also order that the weapon be impounded.
(2)
Unlawful Use of a Weapon.
(A)
Offense. A person commits unlawful use of a weapon if that person:
(i)
Discharges a firearm in the proximity of a building or vehicle
so as to knowingly or recklessly endanger a person or property;
(ii)
Carries a firearm while intoxicated;
(iii)
Handles or uses a firearm or other weapon so
as to knowingly or recklessly endanger the safety of another; or
(iv)
Carries a firearm or other weapon with unlawful intent.
(B)
Sentence. A person convicted of unlawful use of a weapon may
be sentenced to a jail term not to exceed 180 days or to a fine not
to exceed $2,000, or to both. The judge may also order that the weapon
be impounded.
(3)
Dangerous Use of Explosives.
(A)
Offense. A person commits dangerous use of explosives if, with
intent to injure, intimidate or terrify another, or to damage another's
property, that person maliciously explodes, attempts to explode or
places any explosive anywhere within territorial jurisdiction of the
Grand Traverse Band.
(B)
Sentence. A person convicted of dangerous use of explosives
may be sentenced to a jail term not to exceed one year or to pay a
fine not to exceed $5,000, or to both.
(C)
In addition to, or in lieu of, the punishments set out above,
the Court may order the offender to repair any property damaged by
his/her actions or to pay the costs of such repairs to the injured
party.
(4)
Negligent Use of Explosives.
(A)
Offense. A person commits negligent use of explosives if that
person negligently explodes, attempts to explode or places any explosive
in such a manner as to result in injury to another or to the property
of another, or by such action increases the probability of such injury.
(B)
Sentence. A person convicted of negligent use of explosives
may be sentenced to a jail term not to exceed 93 days or to a fine
not to exceed $3,000, or to both.
(C)
In addition to, or in lieu of, the punishments set out above,
the Court may order the offender to repair any property damaged by
his/her actions or to pay the costs of such repairs to the injured
party.
(e)
Theft and Related Crimes.
(1)
Theft of Property.
(A)
Offense. A person commits theft of property if, without lawful
authority, that person intentionally or knowingly:
(i)
Controls property of another with the intent to permanently
deprive the owner, or person in lawful possession, of such property;
(ii)
Obtains property of another by means of any material misrepresentation
with intent to permanently deprive the owner, or person in lawful
possession, of such property; or
(iii)
Comes into control of lost, mislaid or misdelivered
property under circumstances providing means of inquiry as to the
true owner and appropriates such property to himself/herself without
making reasonable efforts to notify the true owner.
(B)
Sentence. A person convicted of theft of property may be sentenced
to a jail term not to exceed 180 days or to a fine not to exceed $5,000,
or to both.
(C)
Return of Property. When a person is convicted of theft, the
Court shall confiscate the stolen property and return it to its rightful
owner. If the property has been lost or destroyed, the Court may require
the offender to compensate the rightful owner for the value of the
stolen property in addition to, or in lieu of, the sentence set out
above.
(2)
Robbery.
(A)
Offense. A person commits robbery if that person threatens another
with bodily harm, through the use of force or a weapon, in order to
obtain property that is in the lawful custody of the person being
threatened.
(B)
Sentence. A person convicted of robbery may be sentenced to
a jail term not to exceed one year or to a fine not to exceed $5,000,
or to both.
(3)
Theft of Services.
(A)
Offense. A person commits theft of services if, without lawful
authority, that person obtains services which are available only for
compensation with the intent of avoiding payment for such services.
(B)
Sentence. A person convicted of theft of services may be sentenced
to a jail term not to exceed 93 days or to a fine not to exceed $2,000,
or to both.
(C)
Payment for Services. The Court may require the offender to
compensate the victim for the services wrongfully obtained in addition
to, or in lieu of, the sentence set out above.
(4)
Unauthorized Use of a Vehicle.
(A)
Offense. A person commits an offense if that person intentionally
or knowingly operates, or tampers with, another's automobile, motorcycle,
motorboat or other motor-operated vehicle, without the consent of
the owner.
(B)
Sentence. A person convicted of unauthorized use of a vehicle
may be sentenced to a jail term not to exceed 60 days or to a fine
not to exceed $1,000, or to both.
(5)
Receiving Stolen Property.
(A)
Offense. A person commits an offense if that person purchases,
receives, conceals, or aids in concealing any property of another
knowing, or having reason to know, that such property was obtained
by theft or any other means declared by law to be unlawful.
(B)
Sentence. A person convicted of receiving stolen property may
be sentenced to a jail term not to exceed 180 days or to pay a fine
not to exceed $5,000, or to both.
(6)
Embezzlement and Theft from Grand Traverse Band Organizations.
(A)
Offense. A person commits Embezzlement and theft from Grand
Traverse Band organizations if that person embezzles, steals, knowingly
converts to his/her use or the use of another, willfully misapplies,
or willfully permits to be misapplied, any of the moneys, funds, credits,
goods, assets, or other property belonging to any Grand Traverse Band
organization or entrusted to the custody or care of any officer, employee,
or agent of a Grand Traverse Band organization; or
(B)
Whoever, knowing any such moneys, funds, credits, goods, assets,
or other property to have been so embezzled, stolen, converted, misapplied
or permitted to be misapplied, receives, conceals, or retains the
same with intent to convert it to his/her use or the use of another.
(C)
Sentence.
(i)
An Indian convicted of Embezzlement and theft from Grand Traverse
Band organizations shall be fined not more than $5,000, or imprisoned
for not more than one year, or both; but if the value of such property
does not exceed the sum of $100, he/she shall be fined not more than
$1,000, or imprisoned not more than 180 days, or both.
(ii)
A non-Indian found responsible for embezzlement or theft from
Grand Traverse Band Organizations shall be responsible for a civil
infraction and subject to fines not to exceed $5,000 and/or exclusion
from the lands of the Grand Traverse Band of Ottawa and Chippewa Indians.
(7)
Theft from GTB Gaming Enterprises.
(A)
Offense. A person commits theft from GTB gaming enterprises
if that person abstracts, purloins, willfully misapplies or takes
and carries away with intent to steal any money or other property
belonging to a gaming enterprise operated by the Grand Traverse Band
of Ottawa and Chippewa Indians, or whoever, knowing any such money
or other property to have been so abstracted, purloined, willfully
misapplied or taken and carried away with intent to be stolen, receives,
conceals, or retains the same with intent to convert it to his/her
use or the use of another.
(B)
Sentence.
(i)
An Indian convicted of theft from a GTB gaming enterprise shall
be fined not more than $5,000, or imprisoned for not more than one
year, or both.
(ii)
A non-Indian found responsible for theft from a GTB gaming enterprise
shall be responsible for a civil infraction and subject to fines not
to exceed $5,000 and/or exclusion from the lands of the Grand Traverse
Band of Ottawa and Chippewa Indians.
(8)
Theft by Officers or Employees of GTB Gaming Enterprises.
(A)
Offense. A person being an officer or employee of a GTB gaming
enterprise commits theft by officers or employees of GTB gaming enterprises
if he/she embezzles, abstracts, purloins, willfully misapplies or
takes and carries away with intent to steal any moneys, funds, assets
or other property of such enterprise, or whoever, knowing any such
moneys, funds, assets or other property to have been so embezzled,
abstracted, purloined, willfully misapplied or taken away with the
intent to be stolen, receives, conceals, or retains the same with
intent to convert to his/her use or the use of another.
(B)
Sentence.
(i)
An Indian convicted of theft by officers or employees of GTB
gaming establishments shall be fined not more than $5,000, or imprisoned
for not more than one year, or both.
(ii)
A non-Indian found responsible for theft by officers of employees
of GTB gaming establishment shall be responsible for a civil infraction
and subject to fines not to exceed $5,000 and/or exclusion from the
lands of the Grand Traverse Band of Ottawa and Chippewa Indians.
(f)
Burglary and Arson.
(1)
Burglary.
(A)
Offense. A person commits burglary if that person enters into
a building, boat, or motor vehicle belonging to another with the intent
of committing an offense therein.
(B)
Sentence. A person convicted of burglary may be sentenced to
a jail term not to exceed 180 days or to a fine not to exceed $1,000,
or to both.
(2)
Arson.
(A)
Offense. A person commits arson if that person knowingly sets
fire to the building or property of another, or sets fire to his/her
own property with the intent of collecting insurance benefits, or
with the intent of negatively impacting a family member or any person
who has a rightful interest in the property.
(B)
Sentence. A person convicted of arson may be sentenced to a
jail term not to exceed one year or to a fine not to exceed $5,000,
or to both.
(g)
Forgery and Related Crimes.
(2)
Obtaining a Signature by Deception.
(A)
Offense. A person commits an offense if, with intent to defraud,
that person obtains the signature of another person on a written instrument
by knowingly misrepresenting or omitting any material fact relevant
to the instrument or transaction.
(B)
Sentence. A person who is convicted of obtaining a signature
by deception may be sentenced to a jail term not to exceed 180 days
or to a fine not to exceed $4,000 or to both.
(h)
Bribery and Related Crimes.
(1)
Bribery of Officials.
(A)
Offense. A person commits the offense of bribery if that person:
(i)
Offers, confers, or agrees to confer any benefit upon a Tribal
official, judge or employee with the intention of influencing such
person's vote, opinion, judgment, exercise of discretion or other
action in his/her official capacity; or
(ii)
As a Tribal official, judge, or employee, solicits, accepts
or agrees to accept any benefit upon an agreement or understanding
that his/her official actions may be thereby influenced.
(B)
Sentence. A person convicted of bribery may be sentenced to
a jail term not to exceed 180 days or to a fine not to exceed $5,000,
or to both.
(2)
Improper Influence of Officials.
(A)
Offense. A person commits improper influence of an official
if that person threatens harm to any Tribal official, judge or employee
with the intent of influencing such person's official actions.
(B)
Sentence. A person convicted of improper influence of an official
may be sentenced to a jail term not to exceed 180 days or to a fine
not to exceed $5,000, or to both.
(i)
Obstruction of Tribal Administration.
(1)
Resisting or Obstructing an Officer of the Grand Traverse Band or
any Other Law Enforcement Officer.
(A)
Offense. A person commits an offense if that person intentionally
or knowingly obstructs, impairs or hinders:
(i)
Any officer of the Grand Traverse Band in the lawful exercise
of his/her duties;
(ii)
Any duly authorized person serving or attempting to serve or
execute process, or any rule or order of the courts of the Grand Traverse
Band;
(iii)
Any judge or other court personnel of the Grand
Traverse Band, in the lawful exercise of his/her duties; or
(iv)
Any other law enforcement official in the lawful exercise of
his/her duties.
(B)
Sentence. A person convicted of obstruction of Tribal administration
may be sentenced to a jail term not to exceed 180 days or to a fine
not to exceed $5,000, or to both.
(2)
Escape from Lawful Custody.
(A)
Offense. A person commits the offense of escape from lawful
custody if that person escapes or attempts to escape from lawful custody
or confinement.
(B)
Sentence. A person convicted of escape from lawful custody may
be sentenced to a jail term not to exceed 180 days or to a fine not
to exceed $5,000, or to both.
(3)
Helping a Person to Escape from Lawful Custody.
(A)
Offense. A person commits an offense if that person helps or
attempts to help a person escape from lawful custody or confinement.
(B)
Sentence. A person convicted of helping a person to escape from
lawful custody may be sentenced to a jail term not to exceed 180 days
or to a fine not to exceed $5,000, or to both.
(4)
Tampering with a Public Record.
(A)
Offense. A person commits tampering with a public record if
that person intentionally or knowingly and with proper authority:
(i)
Makes or completes a written instrument which purports to be
a public record or true copy thereof or alters a written instrument
which is a public record or true copy thereof;
(ii)
Presents or uses a written instrument which is or purports to
be a public record or a copy thereof, knowing that it has been falsely
made, completed or altered, with intent that it be taken as genuine;
(iii)
Offers for recording, registration or filing
in a Tribal office or agency a written statement knowing that it has
been falsely made, completed or altered or that it contains a false
statement or information; or
(iv)
Knowingly destroys, conceals, removes or otherwise impairs the
availability of any public record.
(B)
Public Records. Public records mean all official books, papers,
written instruments or records created, issued, received or kept by
any Tribal office, branch or division.
(C)
Sentence. A person convicted of tampering with a public record
may be sentenced to a jail term not to exceed 270 days or to a fine
not to exceed $5,000, or to both.
(5)
Malicious Criminal Prosecution.
(A)
Offense. A person commits malicious criminal prosecution if
that person maliciously causes or attempts to cause a criminal charge
to be prosecuted against an innocent person, knowing such person to
be innocent.
(B)
Sentence. A person convicted of malicious criminal prosecution
may be sentenced to a jail term not to exceed 180 days or to a fine
not to exceed $5,000, or to both.
(6)
Interfering with an Election.
(A)
Offense. A person commits an offense if that person, during
the course of any election held by the Grand Traverse Band, knowingly:
(B)
Sentence. A person convicted of interfering with an election
may be sentenced to a jail term not to exceed 270 days or to a fine
not to exceed $5,000, or to both.
(j)
Criminal Damage to Property and Trespass.
(1)
Vandalism.
(B)
Sentence. A person convicted of vandalism may be sentenced to
a jail term not to exceed 180 days or to a fine not to exceed $5,000,
or to both.
(C)
Restitution. The judge may, in addition to, or in lieu of, the
punishments set out above, order the offender to pay to the owner
the repair or replacement costs of the damaged property or to perform
work for the owner equal to the value of the damaged property.
(2)
Littering and Burning of Trash.
(A)
Offense. A person commits the offense of littering or burning
of trash if that person burns trash, garbage, or refuse on Tribal
lands or throws, places, drops or disposes of any litter in a place
which is not a lawful waste disposal site or receptacle for the disposal
of litter.
(B)
Sentence. A person convicted of littering or burning trash may
be sentenced to a jail term not to exceed 30 days or to a fine not
to exceed $500, or to both.
(C)
The judge may, in addition to, or in lieu of, the punishments
set out above, order the offender to pick up litter or burned trash
areas within Tribal lands, as a community service, for a time not
to exceed 80 hours.
(3)
Dumping of Hazardous Material.
(A)
Offense. A person commits an offense if that person throws,
places, drops or disposes of any hazardous material in a place which
is not a lawful disposal site for such materials.
(B)
Sentence. A person convicted of dumping hazardous materials
may be sentenced to a jail term not to exceed one year or to a fine
not to exceed $5,000, or to both. In addition, the Court may order
the person to remove the materials that have been dumped or to pay
for the cost of such removal.
(4)
Trespass.
(A)
Offense. A person commits the offense of trespass if that person
knowingly enters the property or dwelling of another with reason to
know that the owner would not permit him/her to do so, or refuses
to depart when requested to do so, or enters upon Tribal properties
and refuses to depart when requested to do so by an officer or employee
of the Grand Traverse Band.
(B)
Sentence. A person convicted of trespass may be sentenced to
a jail term not to exceed 93 days or to a fine not to exceed $2,000,
or to both.
(k)
Offenses Against the Family.
(1)
Expansion of Court's Jurisdiction. The Court, in its discretion,
may order the victim(s) or others touched by any of the offenses enumerated
in this Section to undergo appropriate treatment(s) or participate
in appropriate rehabilitative program(s).
(2)
Abandonment of a Child.
(A)
Offense. A parent, guardian or other person having legal custody
of a child commits abandonment of a child if he/she intentionally
or knowingly abandons a child under 18 years of age.
(B)
Sentence. A person convicted of abandonment of a child may be
sentenced to a jail term not to exceed 180 days or to a fine not to
exceed $3,000, or to both.
(C)
The judge may order the offender to undergo an appropriate rehabilitative
program, in lieu of, or in addition to, the sentence set out above,
if it appears from the totality of the circumstances that rehabilitative
services could help the offender become a responsible parent.
(3)
Failure to Support a Dependent.
(A)
Offense. A person commits an offense if that person knowingly
and persistently fails to provide food, shelter, clothing, medical
attention, financial support or other necessary care which he/she
is capable of providing to his/her child or other dependent.
(B)
Sentence. A person convicted of failure to support a dependent
may be sentenced to a jail term not to exceed 93 days or to a fine
not to exceed $1,000, or to both.
(C)
The judge may order the offender to undergo an appropriate rehabilitative
program, in lieu of, or in addition to, the sentence set out above,
if it appears from the totality of the circumstances that rehabilitative
services could help the offender become a responsible parent.
(4)
(Reserved)
(5)
(Reserved)
(6)
Child Abuse.
(A)
Offense. A person commits the offense of child abuse if that
person intentionally, knowingly, or recklessly causes physical injury
to a child in his/her care or custody.
(B)
Sentence. A person who commits child abuse may be sentenced
to a jail term not to exceed one year or to a fine not to exceed $5,000,
or to both.
(7)
Spouse Abuse.
(A)
Offense. A person commits an offense if that person intentionally,
knowingly or recklessly causes physical injury to his/her spouse.
(B)
Sentence. A person who commits spouse abuse may be sentenced
to a jail term not to exceed one year or to a fine not to exceed $5,000,
or to both.
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Comment: In keeping with § 103(e)(3),
a person should not be prosecuted for both an offense under this Section
and for sexual assault under § 107(c)(4), because sexual
conduct with a foster child or stepchild and incest are specific types
of sexual assaults.
|
|
Also, a person should not be prosecuted for both child abuse
and battery, or spouse abuse and battery, because these are specific
types of battery. A person who abuses a child, not in his/her care
or custody, should not be prosecuted for battery.
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(l)
Riot and Related Offenses.
(1)
Riot.
(A)
Offense. A person commits riot if, with five or more other persons
acting together, that person intentionally, knowingly or recklessly
uses force or violence, or threatens to use force or violence, which
disturbs the public peace.
(B)
Sentence. A person who is convicted of riot may be sentenced
to a jail term not to exceed 180 days or to a fine not to exceed $4,000,
or to both.
(2)
Disorderly Conduct.
(A)
Offense. A person commits disorderly conduct if that person
intentionally, knowingly or recklessly:
(i)
Engages in fighting, or provokes a fight;
(ii)
Makes any protracted commotion which prevents the transaction
of the business of a lawful meeting, gathering or procession;
(iii)
Makes loud and unreasonable noise; or
(iv)
Engages in the consumption of alcohol out of doors with two
or more persons without a Tribal permit.
(B)
Sentence. A person who is convicted of disorderly conduct may
be sentenced to a jail term not to exceed 60 days or to a fine not
to exceed $1,000, or to both.
(3)
Obstructing a Highway or other Public Thoroughfare.
(A)
Offense. A person commits an offense if that person intentionally,
knowingly or recklessly interferes, having no legal privilege to do,
with the use of any highway or public thoroughfare by creating an
unreasonable inconvenience or hazard.
(B)
Sentence. A person who is convicted of obstructing a highway
or other public thoroughfare may be sentenced to a jail term not to
exceed 60 days or to a fine not to exceed $1,000, or to both.
(4)
Creating False Alarm.
(A)
Offense. A person commits an offense if that person reports
a bombing, fire, crime or other emergency knowing such report to be
false or baseless and knowing that:
(B)
Sentence. A person convicted of creating false alarm may be
sentenced to a jail term not to exceed 93 days or to a fine not to
exceed $2,000, or to both.
(5)
Public Intoxication.
(A)
Offense. A person commits public intoxication if that person
appears in public in an inebriated state to the degree that he/she
is unable to care for his/her own safety or is creating a public nuisance.
(B)
Sentence. A person convicted of public intoxication may be sentenced
to a jail term not to exceed 30 days or to a fine not to exceed $500,
or to both.
(C)
The judge may, in addition to, or in lieu of, the punishments
set out above, order the offender to participate in an alcohol treatment
program.
(6)
Curfew.
(A)
Offense. All minors must adhere to a curfew of 11:00 p.m. It
shall be unlawful for any minor to appear in public after curfew.
Furthermore, it shall be unlawful for anyone to allow a minor to violate
the Tribal curfew.
(B)
Sentence. A person who is found guilty of a curfew violation
may be sentenced to a jail term not to exceed 30 days or to pay a
fine not to exceed $500, or to both.
(7)
Truancy.
(A)
Offense. It shall be unlawful for any minor under the age of
16 to be absent from school without proper permission or excuse. Furthermore,
it shall be unlawful for any person to allow any minor under the age
of 16 to be absent from school without proper permission or excuse.
(B)
Sentence. Any person found guilty of truancy may be sentenced
in the Court's discretion to ensure regular school attendance.
(m)
Traffic Offenses.
(1)
Reckless Driving.
(A)
Offense. A person commits reckless driving if that person operates
a motor vehicle in a manner that he/she knows or should know, endangers
the safety or property of others, including, but not limited to, driving
on the wrong side of the street, weaving, or driving at a speed in
excess of that which is prudent under the conditions.
(B)
Sentence. A person convicted of reckless driving may be sentenced
to a jail term not to exceed 93 days or to a fine not to exceed $2,000,
or to both.
(2)
Driving while under the Influence of Intoxicating Liquor or other
Drugs.
(A)
Offense. A person commits an offense if that person operates
a motor vehicle within the territorial jurisdiction of the Grand Traverse
Band while under the influence of alcohol or other drugs.
(B)
Sentence. A person convicted of driving while under the influence
of intoxicating liquor or other drugs may be sentenced to a jail term
not to exceed 180 days or to a fine not to exceed $5,000, or to both.
(C)
Order for treatment. The judge may, in addition to, or in lieu
of, the punishments set out above, order the offender to participate
in an alcohol or substance abuse treatment program.
(3)
Driving with an Open Alcohol Container.
(A)
Offense. A person commits an offense if that person operates
a motor vehicle while an open container containing an alcoholic beverage
is present anywhere in the passenger compartment of the vehicle.
(B)
Sentence. A person convicted of driving with an open alcohol
container may be sentenced to a jail term not to exceed 30 days or
to a fine not to exceed $1,000, or to both.
(4)
Driving with a Loaded Firearm.
(5)
Operation of Motor Vehicle without Proof of Insurance.
(A)
Offense. A person commits an offense if that person operates
a motor vehicle without proof of insurance on his/her person or present
in the vehicle.
(B)
Sentence. A person convicted of operation of a motor vehicle
without proof of insurance may be sentenced to a jail term not to
exceed 60 days or to a fine not to exceed $1,000. The uninsured vehicle
may be impounded by the Band until it is properly insured.
(n)
Criminal Homicide.
(1)
Offense. A person commits the offense of criminal homicide if:
(A)
That person intentionally causes the death of another person;
(B)
With intent to cause bodily injury to a person, that person
causes the death of the intended victim or any other person;
(C)
That person voluntarily commits or participates in the commission
of, or attempts to commit, arson, robbery, burglary, kidnapping, assault,
or sexual assault, and in the course of, or in furtherance of the
crime that is being committed or attempted, or during flight from
the scene of the crime, the death of a person is caused;
(D)
That person recklessly or by gross negligence causes the death
of another person, including the reckless operation of a motor vehicle;
or
(E)
That person, through the negligent operation of a motor vehicle,
causes the death of another person.
(2)
Sentence. A person convicted of criminal homicide may be sentenced
to a jail term not to exceed one year or to a fine not to exceed $5,000,
or to both, or to the maximum penalty allowable under federal law.
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Comment: As discussed above, under the Indian Civil
Rights Act, a tribal court may only sentence an offender to a maximum
of one year in jail and/or a fine of $5,000. Every effort should be
made to obtain a federal prosecution in cases of criminal homicide,
in addition to the tribal prosecution. An offender can be prosecuted
in both tribal and federal court without violating the United States
Constitutional prohibition against double jeopardy because the tribal
and federal governments are separate sovereign entities. United States
v. Wheeler, 435 U.S. 313 (1978).
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(o)
Alcohol-Related Offenses.
(1)
Possession or Consumption of Alcohol by a Person under 21 Years of
Age.
(A)
Offense. A person commits an offense if that person is under
21 years of age and knowingly possesses or consumes any alcoholic
beverage.
(B)
Sentence. A person convicted of possession or consumption of
alcohol by a person under 21 years of age may be compelled to perform
an amount of community service work and/or undergo rehabilitative
treatment as deemed appropriate by the Tribal judge. In addition,
the Court may sentence the person who commits this offense to a jail
term not to exceed 30 days or to pay a fine not to exceed $1,000,
or to both.
(2)
Furnishing Alcohol to a Person Under 21 Years of Age.
(A)
Offense. A person commits an offense if that person knowingly
furnishes, purchases, provides or in any way procures, any alcoholic
beverage for the possession or consumption by a person under 21 years
of age.
(B)
Sentence. A person convicted of purchase of alcohol for a person
under 21 years of age may be sentenced to a jail term not to exceed
one year or given a fine not to exceed $5,000, or both.
(3)
Allowing a Person Under 21 Years of Age to Consume Alcohol.
(A)
Offense. A person commits an offense if that person knowingly
allows a person under 21 years of age to consume alcohol in his/her
residence, vehicle or presence.
(B)
Sentence. A person convicted of allowing a person under 21 years
of age to consume alcohol may be sentenced to a jail term not to exceed
one year or given a fine not to exceed $5,000, or both.
(p)
Possession, Use, Sale, Manufacture and/or Distribution (Controlled
Substances).
(1)
Offense. It shall be unlawful for any person to possess, use, sell,
manufacture, and/or distribute any controlled substance defined and/or
described in the Uniform Controlled Substances Act, 21 U.S.C. § 812,
as updated, without prior authorization.
(A)
Possession and use of cannabis is exempt from prosecution under
Subsection (p)(1), provided that both of the following conditions
are met:
(i)
Such possession and use is in conformity with the Michigan Medical
Marihuana Act or the Michigan Regulation and Taxation of Marijuana
Act to the extent that such possession or use would be lawful in the
jurisdiction of the State of Michigan; and
(ii)
Such possession and use does not occur in tribal programs funded
by federal appropriations under the tribal housing programs and tribal
health programs.
(2)
Sentence. Any person convicted of this offense may be sentenced to
a jail term not to exceed one year or to pay a fine not to exceed
$5,000, or to both.
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Comment: As the Tribe may not have sufficient resources
to effectively combat the trafficking of illicit substances, it is
recommended that the Band allow the state and/or federal government
to exercise jurisdiction over on-reservation sale of controlled substances
in the event that this becomes a significant problem on the reservation.
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(q)
Youth and Tobacco.
(1)
Offense. It shall be unlawful for any minor to possess, use, or purchase
any tobacco or tobacco products. Furthermore, it shall be unlawful
for any person to allow the possession, use, or sale of tobacco or
tobacco products to any minor.
(2)
Sentence. Any person found guilty of this offense may be sentenced
to a jail term not to exceed 93 days or to pay a fine not to exceed
$2,000, or to both.
(3)
Affirmative Defense. It shall be an affirmative defense to this offense
when the alleged violation occurred in the furtherance of a recognized
Tribal and/or religious purpose.
(r)
Animal Control.
(1)
Failure to Have a Dog Properly Licensed.
(A)
Offense. Any person who owns a dog must have the dog properly
licensed under the Leelanau County Animal Control Enforcement Ordinance
or by the Grand Traverse Band if the Band sets up its own animal licensing
system. A person commits an offense if that person fails to have his/her
dog so licensed.
(B)
Sentence. A person who commits an offense may be sentenced to
a jail term not to exceed 30 days or to a fine not to exceed $500,
or to both.
(2)
Allowing a Dog to be a Public Nuisance.
(A)
Offense. Any person who owns, possesses, or maintains a dog
is responsible for such dog. A person, whose dog barks outside to
an extent that a person of reasonable sensibility is disturbed by
such barking, or whose dog is vicious or has propensity to be vicious,
commits an offense.
(B)
Sentence. Any person convicted of allowing a dog to be a public
nuisance may be sentenced to a jail term not to exceed 30 days or
to pay a fine not to exceed $500, or to both. In addition, the Court
may order the destruction of the dog if necessary to protect the public.
(3)
Animal Abuse.
(A)
Offense. A person commits an offense if that person intentionally
beats, cruelly treats, torments, overloads or otherwise abuses any
dog, livestock or poultry, or instigates any dog fight, cock fight,
bull fight or other combat between animals or between animals and
humans.
(B)
Sentence. A person convicted of animal abuse may be sentenced
to a jail term not to exceed 30 days or to a fine not to exceed $1,000,
or to both.
(s)
Violation of a Tribal Ordinance.
(1)
Offense. In addition to the offenses specified above, a person commits
an offense under this code if that person violates any criminal ordinance
duly enacted by the Tribal Council.
(2)
Sentence. A person convicted of violation of a Tribal ordinance may
be subject to whatever punishment is specified in the ordinance that
was violated.
(t)
Habitual Offender.
(1)
Offense. Any person who is convicted under Tribal law, who has previous
conviction(s) under Tribal law, may be charged as an habitual offender.
(2)
Sentence. A person convicted of being an habitual offender may be
sentenced as follows:
(A)
2nd Offense: One and a half times the maximum for the underlying
offense not to exceed a jail term of one year or to pay a fine not
to exceed $5,000, or to both;
(B)
3rd Offense: Two times the maximum for the underlying offense
not to exceed a jail term of one year or to pay a fine not to exceed
$5,000, or to both;
(C)
4th or More Offense: Not to exceed a jail term of one year or
to pay a fine not to exceed $5,000, or to both.
(u)
Criminal Violation of Michigan Tribal-State Tax Agreement.
(1)
Offense. An individual under the jurisdiction of the Tribal Court
that intentionally and maliciously violates the Tax Agreement between
the Grand Traverse Band of Ottawa and Chippewa Indians and the State
of Michigan, either during or after the Agreement's term, is guilty
of criminally violating the Michigan Tribal-State Tax Agreement.
(2)
Sentence. The Tribal Court may sentence a person convicted of criminally
violating the Michigan Tribal-State Tax Agreement to a fine of up
to $5,000 and may be ordered to pay restitution to the Grand Traverse
Band.
(v)
Toxic Vapors.
(1)
Offense. A person commits the offense of inhaling toxic vapors if
that person, for the purpose of becoming intoxicated or subjecting
that person to the influence of them, willfully inhales the vapors
or fumes of paint, gasoline, glue or any other substance producing
intoxicating fumes or vapors.
(2)
Sentence. A person guilty of inhaling toxic vapors may be sentenced
to imprisonment for a period not to exceed 30 days, or a fine not
to exceed $250, or both.
[1]
This resolution set forth a referendum which was approved
by a majority of the registered voters on June 11, 2019.
