26.03.010 Definitions

(a) "ABDUCTION" means to knowingly take away a person by persuasion, by fraud, or by open force or violence.

(b) "ABUSE" means to make excessive or improper use of a device or to employ it in a manner contrary to the natural or legal rules for its use.

(c) "ABUSIVE SEXUAL CONTACT" means to knowingly engage in sexual-contact with another person without that person's permission or is with an individual who has not attained the age of [14] fourteen years.

(d) "ABSCONDED" means any sex offender who cannot be located after making reasonable attempts.

(e) "ACT" or "action" means bodily movement, whether voluntary or

involuntary. Act and actions include, where relevant, omitted to act and omissions to act.

(f) "ADJUDICATION" means the formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a judgment by a court in regard to the parties in a case, and it implies a hearing by a court, after notice, of legal evidence on the factual issue(s)involved. It indicates that the claims of all the parties thereto have been considered and put to rest.

(g) "AGGRAVATED SEXUAL ABUSE" means to knowingly cause another person to engage in a sexual act by using force against that person or by threatening or placing that person in fear that any person will be subjected to death, serious bodily injury or kidnapping or attempts to do so.

(h) "AT RISK" means in danger, endangered, in jeopardy, threatened, vulnerable, susceptible, exposed, helpless, and defenseless; any person may be exposed to a risk of being victimized by a sex offender.

(i) "ATTEMPT AND CONSPIRACY" means any person who attempts or conspires to commit any offense under this code shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

(j) "AUXILLARY POLICE" shall mean all officers possessing a special commission from the Turtle Mountain Tribal Council or their designee.

(k) "BANISHMENT." A person convicted under Section 26.17.010 or Section 26.17.070 or one of the subdivisions may be referred for the civil penalty of banishment Title 39Section 39.01.050 from the Turtle Mountain Band of Chippewa Indians.

(l) "BESTIALITY" means a person who performs sex with an animal.

(m) "BIGAMY" means when a husband has (2) or more wives or when a wife has (2) two or more husbands.

(n) "BODILY INJURY" means any impairment of physical condition, including bodily pain.

(o) "BREACH OF AUTHORITY" means an employer, youth leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian, baby sitter, or a substantially similar position, police officer and/or a probation officer whom abuses their position or authority for sexual relations (of trust).

(p) "BREATHALYZER" means a chemical test of a person's breath to estimate blood alcohol content (BAC) and whether a person is under the influence or impaired. The test is administered by a police officer trained and certified in the use of the equipment. The equipment must be calibrated on a regular basis and will be recognized a legal test and proof of a person's BAC.

(q) "CARETAKER" means an individual who has responsibility for the care of a child as a result of a family​ relationship, or who has assumed responsibility for all or a portion of the care of a child.

(r) "CAUSING A CHILD TO VIEW OR LISTEN TO SEXUAL ACTIVITY" means to intentionally cause a child to view or listen to sexually explicit conduct if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or of humiliating or degrading the child.

(s) "CIVIL FORFEITURE" means a person convicted under 26.1701 or 26.1702 or one of the subdivisions may be referred for civil forfeiture of any property, including, but not limited to home, vehicles, money, jewelry, luxury items, clothing, shoes, furniture, firearms, cell phones, computers, scanners, electronic surveillance systems, etc., if proceeds of sale activity were used for the purchase of any property.

(t) "CHILD PORNOGRAPHY" means any visual image including any photograph, film, video, picture, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct. Also knowingly producing, distributing, receiving, or possessing with the intent to distribute, a visual image of any kind, including a drawing, cartoon, sculpture or painting. Sexually explicit acts defined as real or simulated sexual intercourse containing genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

(u) "COCAINE" means coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and ecgonine, and the salts of their isomers and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of those substances, except decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(v) "COERCING A MINOR TO ENGAGE IN PROSTITUTION" to engage in any sexual activity for which a person can be charged with a criminal offense.

(w) "COERCION" means to exploit fear or anxiety through intimidation, compulsion, domination, or control with the intent to compel conduct or compliance.

(x) "CONTEMPT" means any act done in disrespect of the Court or its process or which obstructs the administration of justice.

(y) "CONTROLLED SUBSTANCE" means a drug, substance, or immediate precursor in Schedules I through V of Section 26.17.070.

(z) "CONTROL OR CUSTODY" means temporary supervision over or responsibility for a juvenile or minor whether legally or illegally obtained.

(aa) "CONVICTION" means that the sex offender has been subject to penal consequences based upon an order from a criminal or delinquency court. This shall include but not be limited to convictions in any tribal, federal, state and foreign courts. A juvenile offender is "convicted" for purposes of this code when prosecuted as an adult. This includes convictions of juveniles who are prosecuted as adults and those adjudicated delinquent; if the offender is 14 years of age or older at the time of the offense and the offense was comparable to or more severe than aggravated sexual abuse (18 USC 2241)or was an attempt or conspiracy to commit such an offense.

(bb) "Corroborative" means evidence which strengthens, adds to, or confirms already existing evidence.

(cc) "CORRUPT" means a wrongful design to acquire or cause some monetary interest or other advantage.

(dd) "Counterfeit Substance" means to falsely manufacture, create, distribute, deliver, dispense or possess with intent to deceive or defraud in place of a controlled substance for sale or distribution.

(ee) "CREDIT" means an arrangement or understanding with another for the payment of a debt.

(ff) "CRIMINAL STREET GANG" means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols and have two or more members who, individually or collectively,

engage in or have engaged in a pattern of criminal street gang activity.

(gg) "CRIMINAL STREET GANG MEMBER" is a person who is a member of a criminal street gang.

(hh) "CURFEW HOURS" means 10:00 p.m. until 6:00 a.m. Central Standard Time every day of the week.

(ii) "DANCE HALLS" A "DANCE" or "ACTIVITY HALL" shall mean:

(1) a business that charges a rental or admission to the public for use and/or entry into a building for dancing and other activities including weddings and receptions, private parties, campaign parties and live music entertainment, etc.;

(2) fraternal, church and other halls used for dances, weddings and receptions, private parties, campaign parties, etc. shall be included in this definition.

(jj) "DANGEROUS DEVICE" means any box, package, contrivance, bomb, or apparatus containing or arranged with an explosive or acid or poisonous or flammable substance, chemical, or compound, or other dangerous or harmful weapon or thing, constructed, contrived, or arranged so as to explode, ignite, or throw forth its contents, or to strike with any of its parts, unexpectedly when moved, handled, or opened or after the lapse of time or under conditions or in a manner calculated to endanger health, life, limb, or under conditions or in a manner calculated to endanger health, life, limb, or property.

(kk) "DANGEROUS WEAPONS" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. In determining whether an item, object or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object or thing, the character of the wound produced, if any, and the manner in which the instrument, item or thing was used shall be determinative. This includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, or dagger; any throwing star, nunchaku, or other martial arts weapon, any billy club, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slingshot; any bow and arrow, crossbow, or spear; any stun gun; and any projector of a bomb or many object containing or capable of producing and emitting any noxious liquid, gas, or substance.

(ll) "DEPENDENT SPOUSE" means a spouse, whether husband or wife, who is essentially considerably dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.

(mm) "DEVIATE SEXUAL ACT" means any form of sexual contact with an animal or dead person.

(nn) "DISTRIBUTE" means administer or bestow, spread, make available, give to several people or circulate.

(oo) "DOMAIN NAME" means a name which locates an organization or other entity on the internet.

(pp) "DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE [NSOPW]". The public website maintained by the Attorney General of the United States pursuant to [U.S.C.42 §16920].

(qq) "DRUG PARAPHERNALIA" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, as defined unlawful under this code. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP methamphetamine, or amphetamines into the human body, such as capsules, balloons, envelopes or other containers used and intended to be used or designed for use in packaging small quantities of controlled substances, hypodermic syringes intended for use of ingesting illegal controlled substances, metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; miniature spoons with level capacities of one-tenth cubic centimeter or less; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers; wired cigarette papers; or cocaine freebase kits.

(rr) "EMANCIPATE" means when a juvenile has achieved independence from his/her parents such as getting married before the juvenile reaches the age of 18 or by becoming fully self-supporting. A juvenile who has petitioned a court to free Themselves from the control of parents and allow the juvenile to live on his/her own.

(ss) "EMERGENCY" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(tt) "EMERGENCY COMMUNICATIONS" means and shall include communications to law enforcement agencies or other emergency personnel, or other individuals, relating or intending to relate that an individual is reasonably believed to be, or reasonably believes himself/herself or another person to be, in imminent danger of bodily injury, or that an individual reasonably believes that his/her property or the property of another is in imminent danger of substantial damage, injury or theft.

(uu) "Emotional Damage" means severe anxiety, depression, withdrawal, or aggressive behavior toward him/herself or others.

(vv) "EMPLOYEE" the term "employee" means as used in this code includes, but is not limited to, an individual who is self-employed or works for any other entity, regardless of compensation including but not limited to volunteers, interns, externs, and apprentices. Also includes all employees of the federal, state, and tribal government and any tribally owned properties, businesses and organizations included within the definition of employee for registration purposes.

(ww) "ENGAGING IN ILLICIT CONDUCT IN FOREIGN PLACES" means any U.S. citizen or alien admitted for permanent residence that travels in foreign commerce, and engages in any illicit sexual conduct with another person.

(xx) "Entrapment" mean a defense to criminal charges based on collaboration between law enforcement officer(s) and defendant earlier or during the alleged crime.

(yy) "ESTABLISHMENT" means any privately or tribally owned place of business operated for a profit or not for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

(zz) "EXPOSING GENITALS IN PUBLIC AREA" means exposing genitals in public area if he or she, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes his/her genital or pubic area to a child.

(aaa) "FAILURE TO APPEAR" means, in this circumstance, the event a sex offender fails to register with the Tribe as required by this Code.

(bbb) "FAILURE TO FILE FACTUAL STATEMENT ABOUT AN ALIEN INDIVIDUAL" means whoever keeps, maintains, controls, supports, or harbors in any house or place for the purpose of prostitution, or for any other immoral service any individual, knowing or in reckless disregard of the fact that the individual is an alien, shall file with the local law enforcement a statement in writing setting forth the name of such individual, the place at which that individual is kept, and all facts as to the date of that individual's entry into the United States.

(ccc) "FAILURE TO PROVIDE INFORMATION" means any person who is required to provide information under Title 42, the Sex Offender Registration Code, based on any conviction.

(ddd) "FAILURE TO REGISTER" means any sex offender who fails to register within 24 hours of entering the Turtle Mountain Band of Chippewa Indian Reservation.

(eee) "FALSE IMPRISONMENT" means to intentionally restrain another person without having the legal right to do so. This can literally mean physical restraint, such as locking someone in a car or tying the person to a chair. However, it is not necessary that physical force be used; threats or a show of apparent authority are sufficient.

(fff) "FIREARMS" means pistols, revolvers, rifles, shotguns, and any device that is capable of being used as a weapon because it expels a projectile by some means of force. A firearm or other weapon shall be deemed "loaded" when there is an unexpended cartridge, shell or projectile in the firing position, except in the case of pistols and revolvers in which case they shall be deemed "loaded" when an unexpended cartridge, shell or projectile is in such position as could be fired by one or more pulls of the trigger.

(ggg) "FOREIGN CONVICTIONS" means the conviction is obtained from outside of the United States.

(hhh) "FORCE" means a physical power in motion or in action.

(iii) "GAMING SITE" means any room or premises licensed by the attorney general and by the tribal governing body to conduct legal gaming operations.

(jjj) "GOVERNMENT" shall mean:

(1) the governing body of this Tribe or any political subdivision of this Tribe;

(2) any agency, subdivision, or department of the foregoing, including the executive, legislative, and judicial branches;

(3) any corporation or other entity established by law to carry on any governmental function;

(4) any commission, corporation, or agency established by ordinance, compact, or contract between or among governments for the execution of intergovernmental programs.

(kkk) "GOVERNMENTAL FUNCTIONS" means any activity which one or more public servants are legally authorized to undertake on behalf of government.

(lll) "GUARDIAN" means:

(1) a person who, under court order, is the caretaker of the person of a juvenile; or in special circumstances and adult.

(2) a public or private agency with whom a juvenile has been placed by a court.

(mmm) "HANDGUN" means any firearm having a barrel less then sixteen (16) inches (40.64 centimeters) long that is not designed to be fired from the shoulder.

(nnn) "HARBORING" means to secretly provide shelter, lodging, protection to conceal or who knowingly, attempts, or assists by providing false information, shelter or residence to a person who is trying to elude the law or who is harboring a juvenile runaway.

(ooo) "HARBORING A SEX OFFENDER" A resident of a Turtle Mountain Housing Complex who knowingly, attempts, or assists to provides shelter or lodging to a sex offender.

(ppp) "HIV" means Human Immunodeficiency Virus and/or AIDS means Acquired Immune Deficiency Syndrome that is transmitted through direct contact of a mucous membrane or the bloodstream with a bodily fluid containing HIV that can involve anal, vaginal, or oral sex, blood transfusions, contaminated hypodermic needles.

(qqq) "IMMEDIATE" OR "IMMEDIATELY" means within 3 business days of transferring of information to all jurisdictions where the sex offender resides, is an employee, or is a student and each jurisdiction from or to which a change of residence, employment, or student status occurs. This includes notification to any relevant SORNA-registration, jurisdiction, including all 50 States, territories, tribes and the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, and all federally recognized Indian tribes.

71 "IMMEDIATE PRECURSOR" means a substance which has been found to be and is designated as the principal compound commonly used or produced for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture.

(rrr) "IMPRISONMENT" refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state "prison" as well as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal jail. Persons under "house arrest" following conviction of a covered sex offense are required to register pursuant to the provision of this code during their period of "house arrest".

(sss) "INCAPACITATED PERSON" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person.

(ttt) "INCEST" means a person who intermarries, cohabits, or engages in a sexual act with another person related to him/her within a degree of consanguinity within which marriages are declared incestuous, knowing such other person to be within said degree of relationship.

(uuu) "INCLUDED OFFENSE" means an offense:

(1) which is established by proof of the same or less than all the facts required to establish commission of the offense charged;

(2) which consists of criminal facilitation of or an attempt or solicitation to commit the offense charged; or which differed from the offense charged only in that it constitutes a less serious harm or risk of harm to the same person, property, or public interest, or because a lesser degree of culpability suffices to establish its commission.

(vvv) "INCOMPETENT" means a person who as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the process of a defense in a rational manner.

(www) "INDECENT EXPOSURE" means the display of a person's genitalia to one or more other persons in public view which might be harmless but studies have shown those who commit the crime are at risk of committing more serious crimes.

(xxx) "INGESTION" means a person who ingests or takes into the body a controlled substance.

(yyy) "INHALANTS" means drugs that are in the form of gas aerosols or solvents that are inhaled as a vapor and include organic solvents, cleaning products, glues, and propellant gases from aerosol cans, contact cement, toluene and acetone, liquid paper, nail polish, nail polish remover, permanent markers, freon, aerosol spray cans, turpentine, gasoline, paint, spray paint and quick-drying adhesives, rubber cement and plastic cement, automotive starting fluid and butane used in home welding kits.

(zzz) "INTERNET" means to be used broadly to include any sort of online activity.

(aaaa) "INTOXICATION" means a condition where, by reason of drinking intoxicants or from the introduction of foreign substances in the body, an individual does not have the normal use of his physical or mental faculties, thus rendering him incapable of acting in the manner in which an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would act under like conditions.

(bbbb) "JURISDICTION" means all trust and fee simple land within the boundaries of the Turtle Mountain Indian Reservation and extend to all trust land located in the State of North Dakota, such other lands as may be acquired by or on behalf of said Tribe and be added thereto under the laws of the United States.

(cccc) "JUSTIFICATION" means conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of his official powers, duties or functions.

(dddd) "JUVENILE" means who is not reached the age of 18 and is not legally emancipated; a juvenile has achieved independence from his or her parents such as getting married before reaching the age of 18 or by becoming fully self-supporting.

(eeee) "LACK OF CONSENT" means the acts must be committed either by threat, force and intimidation or through the use of the victim's mental or physical inabilities which can include when the victim is physically or mentally incapacitated by alcohol or drugs. A

(ffff) "LAW ENFORCEMENT OFFICER" also referred to as "PEACE/POLICE OFFICER" means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.

(gggg) "LEWD CONDUCT" means any person who intentionally performs any lewd act in a public place knowing that such conduct is likely to cause reasonable affront and alarm.

(hhhh) "LITTER" as used in this section shall mean any rubbish, waste material, cans, junk, garbage, trash, debris, dead animals, rock, gravel, stone, or discarded materials of every kind and description.

(iiii) "LIVESTOCK" means cattle, sheep, horses, goats, and other domestic animals ordinarily raised or used on the farm.

(jjjj) "MALICE" means a conscious, intentional wrongdoing either of a wrong or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being.

(kkkk) "MALICIOUS" means the intentional destroying or damaging of the personal property of another, from actual ill will or resentment towards its owner or possessor.

(llll) "MANUFACTURE" means in places other than a pharmacy; includes the production, cultivation, quality control, and standardization by mechanical, physical, chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances.

(mmmm) "MENTAL DISEASE OR DEFECT" means a person is legally insane when, by reason of mental disease or mental defect he/she was incapable of knowing or understanding the nature and quality of his/her act or incapable of distinguishing right from wrong at the time of the commission of the offense. The word wrong as used in this instruction is not limited to legal wrong but properly includes moral wrong as well. Accordingly, the defendant who is incapable of distinguishing what is morally right from what is morally wrong is insane even though he/she may understand the act is unlawful.

(nnnn) "MINOR" means an individual who has not attained the age of [21] twenty-one years of age.

(oooo) "MISLEADING DOMAIN NAMES ON THE INTERNET" means to knowingly use a misleading domain name on the internet, embed a source with the intent to deceive a juvenile into viewing material that is harmful to minors on the internet consisting of nudity, sex, or excretion, a prurient interest of juveniles; is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for a minor and lacks serious literary, artistic, political or scientific value for juveniles.

(pppp) "MISUSE" means to use incorrectly, improperly or misapply in a method contrary from the accepted medical directions; for example, by crushing medication for the purpose of snorting the medication or liquefying a medication for the purpose of injecting with syringes.

(qqqq) "Moral Turpitude" means a corrupt or depraved or degenerate act or practice generally refers to conduct that shocks the public conscience.

(rrrr) "Motor Vehicle" means any self-propelled vehicle and includes, but is not limited to, any automobile, truck, van, motorcycle, train, engine, watercraft, aircraft, or snowmobile.

99. "Noise" means any unnatural manmade sound caused by engine, specifically revving of the engine on a motor vehicle; engine braking on a commercial motor vehicle; exhaust, specifically loud exhaust pipes above 80 decibels; shouting; horns, specifically motor vehicle horns or public announcement horns; musical instruments; discharge of weapons; barking, meowing, or screeching pets such as dogs, cats, and birds; radios; music played through computer or other electronic equipment; car stereos; conversations above 80 decibels; loud whistling; loud banging; slamming of doors; breaking of glass or other items that cause unnecessary noise; unnecessary continuous alarms, specifically a continuous alarm clock ringing, ringing of bells, car alarms, or any other manmade alarms that are not used for smoke, fire, or carbon monoxide; and any other manmade noise or noises that a Law Enforcement Officer would find offensive to a reasonable prudent person during the hours of 10:00 p.m. and 6:00 a.m. Central Standard Time.

(ssss) "NATIONAL SEX OFFENDER REGISTRY [NSOR]". The national database maintained by the Attorney General of the United States pursuant to [42 U.S.C. § 16919].

(tttt) "NON-INDIAN JUVENILE" means, for the purposes of this ordinance, any non-Indian person 17 years of age and under or who has been declared mentally incompetent by a court of competent jurisdiction and shall be turned over to the nearest non-Indian police department if in violation of this chapter. It is a general rule that the municipal laws of a country do not extend beyond its limits, and cannot be enforced in another, except on the principle of comity. But when those laws clash and interfere with the rights of citizens, or the laws of the countries where the parties to the contract seek to enforce it, as one or the other must give way, those prevailing where the relief is sought must have the preference.

(1) Non-Indian juveniles who submit themselves to the jurisdiction of the Turtle Mountain Band of Chippewa Indians and who violate this chapter shall be subjected to the same penalties as Indian juveniles in the form of warnings, citations and arrest if the violations persist.

(2) However, if Non-Indian juveniles, are cited, are arrested, or are arrested and cited, the Non- Indian juveniles must still be turned over to the nearest non-Indian police department after the citation or arrest has occurred. Until the United States Congress says otherwise via federal law, Indian tribes do not Have jurisdiction over non-Indians and non-Indian juveniles; however, it is the hope of this Tribe that under the law of comity, other non-Indian jurisdictions will honor any and all citations given to non-Indian offenders while the non-Indian offenders voluntarily submit themselves to this jurisdiction. This is an attempt to fill a void and a loophole in the law where non-Indian offenders and repeat non-Indian offenders may otherwise go unpunished and continue to molest and harass the people of the Turtle Mountain Band of Chippewa if not held accountable under the law of comity.

(uuuu) "OATH" means any form of attestation by which a person signifies that he/she is bound in conscience to perform an act faithfully and truthfully.

(vvvv) "OBJECT" means anything used in the commission of a sexual act other than the person of the actor.

(wwww) "OBSCENE" means an object, item, article, gadget that must be prurient in nature, must be completely devoid of scientific, political, educational or social value, and must violate the local community standards.

(xxxx) "OFFENSE" means a conduct for which a term of imprisonment and/or fine is authorized by ordinance or statute after conviction.

(yyyy) "OFFENSES INVOLVING CONSENSUAL SEXUAL CONDUCT" means offenses involving Sexual conduct are not a sex offense for the purpose of this Code if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least (14) years old and the offender was not more than four (4) years older than the victim.

(zzzz) "OFFICIAL ACTION" means a decision, opinion, recommendation, vote, or other exercise of discretion by any tribal or governmental agency.

(aaaaa) "Official Detention" means arrest, custody following surrender in lieu of arrest, detention in any facility for custody of persons under charge or conviction of an offense or alleged or found to be delinquent, detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance, detention for extradition, or custody for purposes incident to the foregoing, including transportation, medical diagnosis or treatment, court appearances, work, and recreation, but "official detention" does not include supervision on probation or parole or constraint incidental to release.

(bbbbb) "OFFICIAL PROCEEDING" means a proceeding heard, or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any judge, referee, hearing examiner, commission, notary, or other person taking testimony or a deposition in connection with any such proceeding.

(ccccc) "OMISSION" means a failure to act.

(ddddd) "ONLINE CHILD PORNOGRAPHY" means by use of the internet whether business, government, personal home computers, or any telecommunication device to send or receive any visual image including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct. Also knowingly, producing, distributing, receiving, or possessing with the intent to distribute, a visual image of any kind, including a drawing, cartoon, sculpture or painting. Sexually explicit conduct is defined as real or simulated sexual intercourse containing genital-genital, oral-genital, or opposite sex, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

(eeeee) "ORGANIZATION" means a person other than one individual.

(fffff) "OPERATOR" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(ggggg) "PANDERING" means

(1) The act or crime of recruiting prostitutes or of arranging a situation for another to practice prostitution — pimp

(2) The act or crime of selling or distributing visual or print media (as magazines) designed to appeal to the recipient's sexual interest.

(hhhhh) "PARDON" means an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.

(iiiii) "PARENT" means a person who is:

(1) a natural parent, adoptive parent, or step-parent of another person; or

(2) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a juvenile.

(jjjjj) "PAROLE" means release from jail, prison or other confinement after actually serving part of sentence.

(kkkkk) "PERSON" means any individual over whom the Turtle Mountain Tribal Court may lawfully exercise jurisdiction. This includes a corporation as well as a natural person. When used to designate the party whose property may be the subject of any offense, it includes this tribe, any other government, or country which lawfully ay own any property within this reservation, and all public and private corporations or joint associations, as well as individuals.

(lllll) "PERSONAL PROPERTY" includes every description of money, goods, chattels, effects, evidences of right in action, and written instruments by which any monetary obligation, right, or title to property, real or personal, is created or acknowledged, transferred, increased, defeated, discharged, or diminished.

(mmmmm) "POSSESSION" means if the person knows of its presence and has physical control or has the power and intention to control it. More than one person can be in possession of something if each knows of its presence and has the power and intention to use it.

(1) Actual Possession is direct physical control of something on or around his/her person.

(2) Constructive Possession has both the power and the intention to later take control over something either alone or together with someone else.

(nnnnn) "POSSESSION OF CHILD PORNOGRAPHY" means in the privacy of your home is not a protected activity. Accessing child pornography on the internet through peer-to-peer allows individuals to download the material directly from other people's computers by downloading, emailing, storing and sharing even at a first time status to any person faces charges not only for possession or distribution but also for sexual exploitation of a child.

(ooooo) "PREMISES" means any building which is in addition to its ordinary meaning, including any real property any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including but not limited to, separate apartment, offices or rented rooms, each unit is, in addition to being a part of such a building a separate building.

(ppppp) "PRESCRIPTIONS" means to be dispensed directly to a person by a doctor, no controlled substance may be dispensed without a written prescription by a doctor.

(qqqqq) "PROBABLE CAUSE." shall mean that probable cause exists where the facts and circumstances within the officer's knowledge and of which they have reasonably trustworthy information that is sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.

(rrrrr) "PROBATION" means a system of permitting a person convicted of a crime to go free with a suspended sentence, subject to the supervision of a probation officer.

(sssss) "PRODUCTION" means to make originate or yield, produce, direct, manufacture, issue, publish or advertise.

(ttttt) "PRURIENT" means characterized by shameful or inordinate sexual arousal or extraordinary sexual urges.

(uuuuu) "PUBLIC DISPLAY" means easily visible from a public road from property of others in any portion of any public facility, park or in any other public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.

(vvvvv) "PUBLIC PLACE" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, lakes, golf courses, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops or any agency, interest, property or activity which is under the authority of the government or which belongs to the people.

(wwwww) "PUBLIC SERVANT" means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function, but the term does not include witnesses.

(xxxxx) "REAL PROPERTY" includes every estate, interest, and right in lands, tenements, and hereditaments.

(yyyyy) "REASONABLE EXPECTATION OF PRIVACY" means the person would not be visible to the public, regardless of whether that person is in a public or private place.

(zzzzz) "RECKLESS ENDANGERMENT" Means any person who creates a physical circumstance or situation that creates a substantial e risk of neglect where sexual abuse occurs, serious bodily injury or death to any other person also included under Reckless Endangerment are Child Endangerment, Elder Endangerment, and Disabled/Handicap Endangerment.

(aaaaaa) "RE-ENTERING" means re-entering the justice system as a result of a new conviction for a sex offense or any other crime.

(bbbbbb) "RECAPTURE" means the Turtle Mountain Band of Chippewa will recapture sex offenders and those sex offenders who previously have not been required to register, but will now be required to register under the Turtle Mountain Band of Chippewa Sex Offender Registry. To capture again a sex offender shall be taken back into custody due to a conviction for any crime a sex offender who is reentering the justice system due to a conviction for any crime.

(cccccc) "REMAIN" means to

(1) linger or stay; or

(2) fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

(dddddd) "REPRIEVE" means a temporary relief from or postponement of execution of criminal punishment or sentence. It does no more than stay the execution of a sentence for a time, and it is ordinarily an act of clemency extended to a prisoner to afford him an opportunity to procure some amelioration of the sentence imposed.

(eeeeee) "RESIDENT"/"RESIDES" means, with respect to an individual, the location of the individual's home or other place where the individual habitually lives or sleeps. This includes sex offenders who visit the reservation for a period of 24 hours or more.

(ffffff) "RETROACTIVE" means the SORNA requirements apply to all sex offenders defined in the Act, including all convictions that predate the enactment of SORNA. Substantial compliance will require registration of offenders who previously have been convicted of a qualifying sex offense.

(gggggg) "SADOMASOCHISTIC ABUSE" means the infliction of force, pain or violence upon a person for the purpose of sexual gratification.

(hhhhhh) "SEIZURE." Probable cause for seizure requires, from the facts available, that a law enforcement officer could reasonably conclude that certain items may be paraphernalia, contraband, stolen property or evidence of a crime.

(iiiiii) "SELF-DEFENSE" means the protection of one's person or property against some injury attempted by another, and the right of such protection. A person is justified in the use of force against an aggressor when and to the extent it appears to him and he reasonably believes that such conduct is necessary to defend himself or another against such aggressor's imminent use of unlawful force.

(jjjjjj) "SELL" means to give away, barter, deliver, deliver exchange, distribute, or dispose to a person regardless of the amount of remuneration.

(kkkkkk) "SERIOUS BODILY INJURY" means a bodily injury, which creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent loss or impairment of the function of any bodily member or organ.

(llllll) "SEX" means acts of masturbation, sexual intercourse, or physical contact with a person's genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(mmmmmm) "SEX OFFENDER" means any person convicted of a sex offense, and includes but not limited to any person who has pled guilty, been found guilty of, or who has been found not guilty by reason of insanity of any sex offense under any tribal, federal, state, or foreign laws. This includes sexual offenders, or abusers as persons who committed a sex crime.

(nnnnnn) "SEX OFFENSE" means offenses contained in section 111(5) of SORNA, including all tribal, federal, military, and state offenses. "Sex Offense" shall include but not be limited to rape, assault with intent to commit rape, child molestation, sexual assault, sodomy, child abuse resulting from a sexual act, sexual contact, oral copulation and other sex related crimes as set forth in existing tribal, federal, or state law.

(oooooo) "SEX OFFENDER REGISTRY" means the registry of sex offenders, and a notification program, maintained by the Turtle Mountain Sex Offender Registration and Notification department.

(pppppp) "SEX SLAVERY" means the organized coercion of unwilling people into different sexual practices. Sexual slavery may include single-owner sexual slavery, ritual slavery sometimes associated with traditional practices, slavery for primarily non-sexual purposes where sex is common or forced prostitution.

(qqqqqq) "SEXTING" means combination of sex and texting; it's the act of sending sexually explicit materials through mobile phones.

(rrrrrr) "SEXUAL ABUSE" means to knowingly cause another person to engage in a sexual act by threatening or placing that person in fear or engages in a sexual act if that person is incapable of appraising the nature of the conduct or physically incapable of declining participation in or communicating unwillingness to engage in that sexual act.

(ssssss) "SEXUAL ABUSE OF A CHILD" means a person is guilty of sexual abuse of a child if he or she willfully:

(1) Engages in any sexual contact with a child; or

(2) Persuades, entices, counsels, or procures a child to engage in sexual contact, actual or simulated.

(tttttt) "SEXUAL ACT" means sexual contact between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any other portion of the human body; or the use of an object which comes in contact with the victim's anus, vulva, or penis. Emission is not required.

(uuuuuu) "SEXUAL BATTERY" means the act of making unwanted and sexually offensive contact with an intimate body part of another person or which causes an immediate apprehension in the other person that such an act will occur. Intimate body parts include sexual organs, the anus, the groin or buttocks of any person and the breasts of a female. Sexual battery includes situations in which the interactions defined are with a person who is incapable of giving consent or resisting due to alcohol or drugs.

(vvvvvv) "SEXUAL CONTACT" means any touching of the sexual or other intimate parts of the person for the purpose of arousing or satisfying sexual or aggressive desires whether or not through the clothing or other covering, of the sexual or other intimate parts of the person, or the penile ejaculation or ejaculate or emission of urine or feces upon any part of the person, for the purpose of arousing or satisfying sexual or aggressive desires, and shall include any sexual touching of or contact with an individual's intimate very private, personal body parts either directly or through the clothing of the individual.

(wwwwww) "SEXUAL GRATIFICATION" means a behavior or act committed to stimulate the sexual interest or desire of the actor or actors.

(xxxxxx) "SEXUAL HARASSMENT" means any unwanted sexual advances, a request for sexual favors, verbal or physical conduct of a sexual nature that alarms or annoys you, interferes with your privacy and creates an intimidating, hostile, or offensive environment. Making unwanted and offensive sexual advances or of sexually offensive remarks or acts, by a person.

(yyyyyy) "SEXUAL INTERCOURSE" means genital stimulation of one person with or by another and includes genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between person of the same or opposite sex.

(zzzzzz) "SEXUAL MISCONDUCT" means sexual contact without consent by an acquaintance or a stranger and includes sexual touching without consent, either of the victim or when the victim is forced to touch, directly or through clothing another person's genitals, breast, groin, thighs or buttocks.

(aaaaaaa) "SEXUALLY EXPLICIT CONDUCT" includes sexual conduct, bestiality, masturbation, sadomasochistic abuse including but not limited to flagellation, torture or bondage, or lewd exhibition of the genitals or pubic area.

(bbbbbbb) "SEXUAL PREDATOR" means the term most often used to describe severe or repeat sex offenders.

(ccccccc) "SEXUALLY VIOLENT OFFENSE" means; for purposes of classifying a sex offense as a sexually violent offense shall include any nonconsensual sexual assault crimes involving penetration, rape or sodomy or similar acts. These offenses shall also include any sexual act perpetrated by violence, threat of serious violence or by rendering unconscious or involuntarily drugging a victim.

(ddddddd) "SIGNATURE" includes any name, mark, symbol, or sign, written or affixed with the intent to authenticate any instrument or writing.

(eeeeeee) "SIMULATED" means any depictions of the genitals or rectal area or actions that give the appearance of sexual conduct or any means of foreplay.

(fffffff) "SOLICITATION" means the criminal offense of urging someone to commit an unlawful act and includes any direction, request, enticement, persuasion, or encouragement, of a minor to engage in sexual conduct.

(ggggggg) "SMART OFFICE" means the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under the general authority of the United States pursuant to[42 U.S.C. § 16945].

(hhhhhhh) "STALKING" means a person willfully with an intentional course of repeated conduct that is directed at a specific person that would frighten, intimidate, or harass a person of reasonable sensitivities and serves no legitimate purpose nor is a constitutionally protected activity.

(iiiiiii) "STUDENT" means a person who enrolls in or attends a Private, Federal, Tribal or Public education institution, including a secondary school, trade or professional school, or an institution of higher education.

(jjjjjjj) "Substantial Step" is any conduct which is strongly corroborative of the determination of the person's intent to complete the commission of the crime. "SIGNATURE" includes any name, mark, symbol, or sign, written or affixed with the intent to authenticate any instrument or writing.

(kkkkkkk) "Terminology" means determining substantial implementation.

(lllllll) "Tier Offenses" is defined as:

(1) "Tier 1 Sex Offender" means one that has been convicted of a "tier 1" sex offense as required in Title 42.

(2) "Tier 2 Sex Offender" means one that has been convicted of a "tier 2" sex offense as required in Title 42.

(3) "Tier 3 Sex Offense" means one that has been convicted of a "tier 3" sex offense as required in Title 42.

(mmmmmmm) "THING OF VALUE" means anything of value in the form of money, tangible or intangible property, commercial interests, or anything else the primary significance of which is economic gain to the recipient.

(nnnnnnn) "TRANSPORT" or "TRANSPORTING" means the actual constructive or attempted delivery of a controlled substance or a listed chemical.

(ooooooo) "TRANSMITTING INFORMATION ABOUT A MINOR TO FURTHER CRIMINAL SEXUAL CONDUCT" means using the mail or any facility of interstate or foreign commerce knowing other individuals, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so.

(ppppppp) "TRAVEL WITH THE INTENT TO ENGAGE IN ILLICIT CONDUCT" means a person who travels in interstate commerce or travels for the purpose of engaging in any illicit sexual conduct with another person.

(qqqqqqq) "VEHICLE" shall mean any vehicle registered or not registered to the individual offender that is used for transportation.

(rrrrrrr) "VENEREAL DISEASE" means a sexually transmitted disease.

(sssssss) "VIDEO VOYEURISM" means the voyeur has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy.

(ttttttt) "VISUAL DEPICTION" includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and date which is capable of conversion into a visual image that has been transmitted by any means, whether stored in a permanent format.

(uuuuuuu) "VOID MARRIAGE" means no marriage shall be contracted while either of the parties has a husband or wife living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile. Relationship under this section shall be administered by the rule of the civil law whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

(vvvvvvv) "WRITING" means handwriting, typewriting, printing, Photostatting, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.