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From LEGISLATIVE RESOLUTION NO. AS-93-45
ABSENTE-SHAWNEE TRIBE OF INDIANS OF OKLAHOMA (criminal offences)
CHAPTER FIVE: CRIMES AGAINST PUBLIC HEALTH, SAFETY, AND WELFARE.
Section 561. False Reports
(a) It shall be unlawful to initiate or circulate a report or warning
of a fire, bombing, or other crime or catastrophe, knowing that the report of
warning is false or baseless and that it is likely to cause evacuation of any
building, place or assembly, or facility of public transport, or to cause public
inconvenience or alarm or action of any sort by an official or volunteer agency
organized to deal with emergencies.
(b) False reports shall be punishable by a fine not to exceed Two
Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail
not to exceed three months, or both.
Section 562. Emergency Telephone Abuse
(a) It shall be unlawful to knowingly refuse to yield or surrender the
use of a party line or public pay telephone to another person upon being
informed that said telephone is needed to report a fire, or summon police,
medical or other aid in case of an emergency, unless the actor is already using
said telephone to report an emergency; or to ask for or request the use of a
party line or public pay phone on the pretext that an emergency exists, knowing
that no emergency exists.
(b) "Emergency" means a situation in which property or human life or
safety is in jeopardy and the prompt summoning of aid is or reasonable appears
to be essential to preservation of human, life, safety, or property.
(c) Emergency telephone abuse shall be punishable by a fine not to
exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the
Tribal jail not to exceed three months, or both.
Section 563. Violation Of Privacy
(a) It shall be unlawful, except as authorized by law, to:
(1) Trespass on property with intent to subject anyone to
eavesdropping or other surveillance in a private place; or
(2) Install in any private place, without the consent of the person
or persons entitled to privacy there, any device for observing, photographing,
recording, amplifying, or broadcasting sounds or events in such place, or use
any such unauthorized installation; or
(3) Install or use outside of any private place any device for
hearing, recording,amplifying, or broadcasting sounds originating in such
place which would not ordinarily be audible or comprehensible outside, without
the consent of the person or persons entitled to privacy there; or
(4) Divulge without the consent of the sender or receiver the
existence or contents of any such message if the actor knows that the message
was illegally intercepted, or if he learned of the message in the course of
employment with an agency engaged in transmitting it.
(b) Definitions:
(1) "Eavesdrop" means to overhear, record, amplify, or transmit any
part of an oral or written communication of others without the consent of at
least one party thereto by means of any electrical, mechanical or other
device.
(2) "Private place" means a place where one can reasonably expect to
be safe from casual or hostile intrusion or surveillance.
(c) Violation of privacy shall be punishable by a fine not to exceed
Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal
jail not to exceed three months, or both.
Section 564. Criminal Defamation
(a) It shall be unlawful to knowingly and with malicious intent
communicate to any person orally or in writing any information which one knows
or should know to be false and knowingly that the information tends to impeach
the honesty, integrity, virtue or reputation, or publish the natural defects of
one who is alive, or who has not been declared missing or dead for a period
exceeding twenty years, and thereby expose him to public hatred, contempt or
ridicule. An injurious publication is presumed to have been malicious if no
justifiable motive for making it is shown by way of defense.
(b) Criminal defamation shall be punishable by a fine not to exceed
Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal
jail not to exceed three months, or both. However, it shall be a defense to
criminal defamation that the person making the publication was at the time
engaged in the formal broadcast or publication of news by some public news media
of communication and in good faith believed he was reporting a newsworthy event
concerning a public figure with a basis in truth.
Section 565. Gambling
(a) It shall be unlawful to:
(1) Participate in gambling; or
(2) Knowingly permit any gambling to be played, conducted, or dealt
upon in any real or personal property owned, rented, or under the control of
the actor, whether in whole or in part; or
(3) Win or acquire to himself or another any gambling proceeds when
one knows he has a lesser risk of losing or a greater chance of winning than
one or more of the other participants, and the risk is not known to all
participants; or
(4) Derive or intend to derive an economic benefit, other than
personal winnings, from gambling and either:
(i) induce or aid another to engage in gambling; or
(ii) knowingly invest in, finance, own, control, supervise.
manage, or participate in any gambling operation; or
(5) Knowingly possess a gambling device with intent to use it in
gambling.
(b) Definitions:
(1) "Gambling" means risking anything of value for a return or
risking anything of value upon the outcome of a contest, game, gaming scheme,
or gaming device when the return or outcome is based upon an element of chance
and is in accord with an agreement or understanding that someone will receive
something of value in the event of a certain outcome, or a lottery, but does
not include any lawful business transaction or playing amusement device that
confers only an immediate and unrecorded right of replay not exchangeable for
value.
(2) "Gambling device" means anything specifically designed for use
in gambling or used primarily for gambling.
(3) "Lottery" means any scheme for the disposal or distribution of
property by chance among persons who have paid or promised to pay any valuable
consideration for the chance of obtaining the property, upon any agreement,
understanding or expectation that it is to be distributed or disposed of by
lot or chance, regardless of whatever name such scheme may be known by.
(c) The Tribe may issue a permit authorizing a lottery pursuant to a
Tribal Statute on lotteries, provided all benefit therefrom, except prizes, go
to a charitable or religious organization and provided further that such permit
or the Statute pursuant to which it is issued specify the details of the
lottery.
(d) It shall not be an offense under this Section for a person to
engage in bingo licensed pursuant to Tribal law, in any of its forms, conducted
under the rules set out by a Tribal Bingo Ordinance, nor shall it be an offense
under this section for a person to engage in any traditional Indian games
designated by Tribal law as exempt from the provisions of this Section, nor
shall traditional raffles and similar activities conducted at pow-wows and
similar functions be considered gambling under this Section.
(e) A gambling offense shall be punishable by a fine not to exceed Two
Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail
not to exceed three months, or both.
