Statutes | uscogee (Creek) Nation Code Title 6 Chapter 3 subchapter 3 ยง 3-302 | 2018

A. Muscogee (Creek) Nation jurisdiction. The Muscogee (Creek) Nation shall have criminal jurisdiction for the enforcement of a crime involving domestic or family violence that occurs in the Muscogee (Creek) Nation territorial jurisdiction and that involves an Indian offender, regardless of the Indian or non-Indian status of the victim, subject to the limitations contained in the Federal Indian Civil Rights Act, 25 U.S.C. § 1302(7), which provides that Indian tribes shall not impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one (1) year and a fine of five thousand dollars ($5,000), or both.
 
B. Federal jurisdiction. The Muscogee (Creek) Nation recognizes that the United States possesses criminal jurisdiction over the following:
              
               1. The enforcement of certain felony offenses as defined by 18 U.S.C. § 1153 that are crimes involving domestic or family violence, that occur in the Muscogee (Creek) Nation territorial jurisdiction and that involve an offense by an Indian offender against an Indian victim
              
               2. The enforcement of certain crimes involving domestic or family violence that occur in the Muscogee (Creek) Nation territorial jurisdiction and that involve an offense by a non-Indian offender against an Indian victim
              
               3. The enforcement of the criminal provisions of the Federal Violence Against Women Act (VAWA), 18 U.S.C. §§ 2261 and 2262, over a person who enters or leaves Indian country as defined by VAWA, 18 U.S.C. § 2266, with the intent to commit certain crimes involving domestic or family violence, and who in the course of or as a result of such travel, engages in such conduct as more specifically described in VAWA and
 
               4. Any other provisions of VAWA granting Federal Courts jurisdiction over crimes involving domestic or family violence or dating violence in Indian country as defined by VAWA, 18 U.S.C. § 2266.
 
C. Construction. Nothing herein shall be construed as limiting the authority of the Muscogee (Creek) Nation to take any of the following actions in the Muscogee (Creek) Nation territorial jurisdiction:
 
               1. Lighthorse police enforcement of state or federal criminal laws against a non-Indian offender pursuant to a cross-deputization agreement
 
               2. Lighthorse arrest of a non-Indian offender, detention and referral to appropriate authorities for violation of a foreign protection order in the Muscogee (Creek) Nation territorial jurisdiction when the foreign protection order was issued against a non-Indian offender, pursuant to 18 U.S.C. § 2265 or
               3. Civil enforcement related to a violation of a protection order in the Muscogee (Creek) Nation territorial jurisdiction, regardless of the Indian or non-Indian status of the offender and the victim.
 
[NCA 01&ndash157, § 2&ndash202, approved Oct. 7, 2001.]
 
                                                                           Cross References
 
Cross-deputization agreements, see Title 6, § 3&ndash103.
Jurisdiction, generally, see Title 27, § 1&ndash102.
Protection orders, civil jurisdiction, see Title 6, § 3&ndash401.
 
                                                                           Library References
 
Indians O601.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.