Statutes | Muscogee (Creek) Nation Code Title 6 Chapter 3 subchapter 3 ยง 3-301 | 2018
A. Crimes defined in Criminal Code. A ''crime involving domestic or family violence'' occurs when a family or household member commits one or more of the following crimes as defined in and punishable pursuant to Title 14 of the Muscogee (Creek) Nation Code of Laws against another family or household member:
1. Arson
2. Assault and battery offenses
3. Burglary, breaking and entering
4. Destruction, damage, vandalism of property
5. Homicide offenses, including without limitation, murder, non-negligent manslaughter, negligent manslaughter, and justifiable homicide
6. Kidnaping and abduction
7. Sex offenses, forcible, including without limitation forcible rape, forcible sodomy, forcible sexual assault with an object, and forcible fondling
8. Stolen property offenses
9. Weapon law violations
10. Disorderly conduct
11. Stalking and
12. Trespass of real property.
B. Violation of ex parte or final protection order by Indian respondent a crime.
1. In addition to the crimes listed in subsection A of this section, a ''crime involving domestic or family violence'' includes the violation by an Indian respondent of a protection order issued by the District Court in accordance with this Act and includes the violation by an Indian respondent of a foreign protection order as follows: An order enjoining respondent from threatening to commit or committing acts of domestic or family violence against the petitioner or other family or household member an order prohibiting the respondent from harassing, visiting, stalking, annoying, telephoning, contacting, or otherwise interfering with or communicating with the petitioner, directly or indirectly an order removing and excluding the respondent from the residence of the petitioner an order requiring the respondent to stay away from the residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member and an order prohibiting the respondent from using or possessing a firearm or other weapon specified by the Court.
2. Except as provided by paragraph 3 of this subsection, any Indian respondent who has been served with an ex parte or final protection order or foreign protection order and who is convicted of the crime of ''Violation of a Protection Order'' shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two thousand five hundred dollars ($2,500.00) or by imprisonment of not less than one (1) day and not more than one (1) year, or by both such fine and imprisonment.
3. Any Indian respondent who has been served with an ex parte or final protection order or foreign protection order and who is convicted of the crime of ''Violation of a Protection Order&ndashSecond or Subsequent Offense'' shall be punished by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000.00) or by imprisonment of not less than ten (10) days and not more than one (1) year, or both such fine and imprisonment.
4. Any Indian respondent who has been served with an ex parte or final protection order or foreign protection order who violates the protection order and causes physical injury or physical impairment to the petitioner or to any other person named in said protection order shall, upon conviction, be guilty of the crime of ''Violation of Protection Order with Physical Injury Inflicted'' and shall be punished by a term of imprisonment for not less than twenty (20) days nor more than one (1) year. In addition to the term of imprisonment, the person may be punished by a fine not to exceed five thousand dollars ($5,000.00). In determining the term of imprisonment required by this paragraph, the jury or sentencing judge shall consider the degree of physical injury or physical impairment to the victim. The provisions of this paragraph shall not effect the applicability of Title 14 of the Muscogee (Creek) Nation Code of Laws.
5. The minimum sentence of imprisonment issued pursuant to the provisions of paragraphs 1 and 2 of this subsection shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation, provided the District Court may subject any remaining penalty under the jurisdiction of the District Court to the statutory provisions for suspended sentences, deferred sentences or probation.
6. In addition to any other criminal penalty specified by this section, the District Court may require the Indian respondent to undergo the treatment or participate in the counseling services necessary to bring about the cessation of domestic or family violence against the victim.
7. When an Indian minor child violates the provisions of any protection order, the violation shall be heard in a civil juvenile proceeding and the District Court may order the child and the parent or parents of the child to participate in family counseling services necessary to bring about the cessation of domestic abuse against the victim and may order community service hours to be performed.
[NCA 01&ndash157, § 2&ndash201, approved Oct. 7, 2001.]
Cross References
Crimes involving domestic or family violence, see Title 6, § 3&ndash103.