Statutes | Muscogee (Creek) Nation Code Title 14, Chapter 2, Subchapter 1 ยง2-113 | 2018
In this Code, unless a different meaning is specified in reference to a particular crime the following words and phrases shall have the following meanings:
A. ''Actor'' means the person who allegedly committed or omitted the act or acts constituting the crime.
B. ''Bodily injury'' means a person suffers physical pain, illness or any impairment of physical condition.
C. ''Carries away'' means removing an article of the slightest distance. It is more than a mere change of position. It is a movement for the purpose of permanent relocation.
D. ''Child'', ''children'' or ''minor'' means a person or person under eighteen (18) years of age.
E. ''Coercion'' means a threat, however communicated, to:
1. Physically injure the person threatened or any other person, which by its terms will not be, or based on the circumstances cannot be, carried out at substantially the same time as its utterance or receipt
2. Physically injure the person threatened or any other person which is not made in the presence of the person threatened, but which may be capable of substantially contemporaneous execution
3. Injure the property of the person threatened or the property of one with whom such person has a family, social, business or other similar relationship
4. Accuse the person threatened of a crime or to so accuse one with whom such person has a family, social, business or other similar relationship
5. Expose the person threatened to hatred, contempt, ridicule or disgrace, or to so expose one with whom such person has a family, social, business or other similar relationship
6. Take or withhold action as a public official or employee, or to cause a public official or employee to take or withhold action or
7. Expose any secret, fact, report or information sought to be concealed by the person threatened.
F. ''Court'' or ''District Court'' shall mean the District Court of the Muscogee (Creek) Nation.
G. ''Criminal negligence'' or ''criminally negligent'' means a gross deviation from the standard of care that a reasonable person would observe in the Actor's situation.
H. ''Dangerous weapon'' or ''deadly weapon'' means any firearm, whether loaded or unloaded, or any other instrument, material or substance, whether animate or inanimate, which is likely to produce death or serious bodily injury in the manner it is used or attempted to be used.
I. ''Duty of care'' means that one has a legal duty to render aid.
J. ''Extreme indifference to the value of human life'' means that a person acts in total disregard of the consequences to others by unjustifiably creating what a reasonable person would realize in an inordinately high degree of risk of death to others.
K. ''Force'' means any touching, no matter how slight, of a person or any property on the persons body. Such touching must be known to a conscious victim at the time of the touching.
L. ''Incapacitated'' means any person who by reason of mental or physical illness is disabled to the extent that the person lacks the ability to effectively engage in self-protection.
M. ''Intent'' or ''intentionally'' means that in addition to doing the acts or failing to act which caused the harm, the Actor acted with the specific purpose of accomplishing that harm.
N. ''In the commission of'' means the performance of an act which is an inseparable part of a crime or necessary for its completion, or which is performed in the process of fleeing from the immediate scene of the crime before a position of relative safety has been reached.
O. ''Know'', ''knows'', ''knowing'', ''knowingly'' or ''known'' means in addition to doing the acts or failing to act which caused the harm, the Actor has a subjective belief that something exists. Proof of actual or direct knowledge is not required. It is sufficient if the facts and circumstances are such to cause an actual belief on the part of the Actor. Of course, ignorance of the law is not an excuse.
P. ''Law enforcement official'' means any federal, state or Tribal police officer, sheriff, deputy sheriff, highway patrol officer, investigator or similar public officer or official.
Q. ''Legal duty to render aid'' means one or more of the following is present:
1. A law imposes a duty to care for another
2. One is in a spousal relationship to another or is the parent, guardian or other person having custody of a child
3. One has assumed a contractual duty to care for another or
4. One has voluntarily assumed the care of another person who acts in reliance on that care. The recipient is or becomes helpless and is in a situation where others cannot reasonably render aid.
R. ''Malicious'', ''maliciously'' or ''with malice'' means that, in addition to doing the acts or failing to act which caused the harm, the Actor either had specific intent to cause the harm or had a wanton disregard of the pain and strong likelihood of causing that harm.
S. ''Motor vehicle'' or ''motor powered vehicle'' means any self-propelled instrumentality in, upon, or by which a person or property may be transported.
T. ''Nation'' means the Muscogee (Creek) Nation, including all of its agencies, boards and commissions, but not including its communities.
U. ''Official proceeding'' means a proceeding before any legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or deposition in connection with any such proceeding.
V. ''Omission'' means a failure to act in circumstances where a legal duty to act exists.
W. ''Person'' means a human being who is a member of a federally recognized Indian Tribe or a human being who is eligible to be a member of a federally recognized Indian Tribe.
X. ''Personal property'' means chattels and includes such things as money, goods, evidences of rights in action, and written instruments effecting a monetary obligation or right to title or property. The value of the property is immaterial.
Y. ''Public servant'' means any officer or employee of the Nation, including legislators and judges and any person performing an authorized governmental duty.
Z. ''Serious bodily injury'' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
AA. ''Unlawfully'' means not authorized by law.
BB. ''Witness'' means any person who:
1. Has knowledge of the existence or nonexistence of facts relating to any crime or claim or any other matter which is or may be the subject of an official proceeding or investigation
2. Has made a statement under oath which has been or may be received as evidence in an official proceeding or investigation
3. Has been legally served with a subpoena issued under the legal authority of the District Court or
4. Would be believed by a reasonable person to be a person described in this paragraph.
[NCA 10&ndash053, approved May 27, 2010.]
Derivation: Title 14, § 2&ndash101, added by NCA 92&ndash14, § 1&ndash701 amended by NCA 99&ndash04, § 107 NCA 07&ndash179, § 7.