26.06.010 Classification of Offenses

Offenses shall be charged separately and penalties for a crime(s) are defined into [5] five classes which are subject to minimum and maximum penalties, as follows:

(a) A Class [1] one offense shall be imprisonment with a minimum penalty of [30] thirty days and a maximum penalty of [45] forty-five days, a fine shall be punishable for not less than $300.00 and shall not exceed $500.00 or any combination of both.

(b) A Class [2] two offense shall be imprisonment with a minimum penalty of [45] forty-five days and a maximum of [90] ninety days, a fine shall be punishable for not less than *$500.00 and not to exceed $750.00, or any combination of both. *

(c) A Class [3] three offense shall be imprisonment with a minimum penalty of [90] ninety days, and a maximum of [180] one hundred eighty days, a fine shall be punishable for not less than $750.00 and not to exceed $1,000.00 or any combination of both.

(1) Any person found guilty of a Class [3] three offense under Chapter 26.17 and any of the subdivisions shall be prohibited from possessing or owning firearms and/or ammunitions for a period of [10] ten years through Chapter 26.19, Section 26.19.030.

(d) A Class [4] four offense shall be imprisonment with a minimum penalty of [180] one hundred eighty days and not to exceed [365] three hundred sixty-five days, a fine shall be punishable for not less than $1,000.00 and not to exceed $2,500.00, or any combination of both.

(1) Any person found guilty of a Class [4] four offense under Chapter 26.17 and any of the subdivisions shall be prohibited from possessing or owning firearms and/or ammunitions for a period of [10] ten years under Chapter 26.19, Section 26.19.030.

(2) Any person found guilty of a Class [5] five offense under Chapter 26.17 and any of the subdivisions may be subjected to the procedure of civil forfeiture, subdivision [15] fifteen and/or banishment Title 39Section 39.01051, subdivision [16] sixteen from the Turtle Mountain Indian Reservation.

(e) A Class [5] five offense shall be imprisonment of not less than [365] three hundred sixty-five days and not more than [365] three hundred sixty-five days, a fine punishable for not less than $2,500.00 and not to exceed $5,000.00, or any combination of both.

(1) Any person found guilty of a Class [5] five offense under Chapter 26.17 and any of the subdivisions shall be prohibited from possession or owning firearms and/or ammunitions for a period of [10] ten years under Chapter 26.19, Section 26.19.030.

(2) Any person found guilty of a Class [5] five offense under Chapter 26.17 and any of the subdivisions may be subjected to the procedure of civil forfeiture, subdivision [15] fifteen and/or banishment Title 39Section 39.01051, subdivision [16] sixteen from the Turtle Mountain Indian Reservation.