Tribe: Northern Arapaho Tribe of the Wind River Reservation
Section 303 – Aggravated Assault and Battery.
(a) No person shall intentionally, knowingly or recklessly,
under circumstances manifesting extreme indifference to the value
of human life, cause or threaten or attempt to cause:
(1) Bodily injury to another with a deadly weapon;
(2) Bodily injury to a woman whom he knows to be
pregnant; or
(3) Serious bodily injury to another.
(b) Any person found guilty of violating this section may
upon conviction be:
(1) Ordered to make restitution;
(2) If the court deems appropriate, ordered to seek
and complete treatment and/or counseling for a period not to
exceed ninety (90) days, after which a report must be
submitted to the court evidencing successful completion of
the treatment so ordered; and
(3) Sentenced:
(A) On a first offense to not less than thirty
(30) days nor more than one (1) year imprisonment, and
a fine of not less than Three Hundred Dollars ($300)
nor more than Five Thousand Dollars ($5,000);
(B) On a second offense to not less than forty
five (45) days nor more than one (1) year imprisonment, and a fine of not less than Five Hundred Dollars ($500)
nor more than Five Thousand Dollars ($5,000); and
(C) On a third or subsequent offense to not less
than six (6) months nor more than one (1) year
imprisonment, and a fine of not less than One Thousand
Dollars ($1,000) nor more than Five Thousand Dollars
($5,000). […] Section 309 – Sexual Assault.
(a) No person shall take, solicit, procure or encourage
another to take immodest, immoral or indecent liberties with
another without the other giving informed, voluntary and explicit
consent. Liberties shall include, but not be limited to,
fondling, either by physical touch or through clothing,
masturbating with, or engaging in sexual penetration or sexual
intrusion.
(b) Any person found to have violated this section may upon
conviction be:
(1) Ordered to make restitution;
(2) Ordered, if the court deems appropriate, to seek
and complete treatment and/or counseling for a period not to
exceed ninety (90) days, after which a report must be
submitted to the court evidencing successful completion of
the treatment so ordered; and
(3) Sentenced:
(A) On the first offense under this section or a
substantially similar law of another jurisdiction to
imprisonment of not less than three (3) months nor more
than one (1) year flat time and a fine of not less than
Seven Hundred Fifty Dollars ($750) nor more than Five
Thousand Dollars ($5,000);
(B) On the second offense under this section or a
substantially similar law of another jurisdiction to
imprisonment of not less than six (6) months nor more
than one (1) year flat time and a fine of not less than
One Thousand Five Hundred Dollars ($1,500) nor more
than Five Thousand Dollars ($5,000); and
(C) On the third or subsequent offense under this
section or a substantially similar law of another
jurisdiction to imprisonment of not less than one (1)
year flat time and a fine of not less than Five
Thousand Dollars ($5,000). […] Section 311 – Abuse of Spouse, Handicapped or Elderly Persons.
(a) No person shall willfully and knowingly commit any act
of physical or mental abuse which results in injury upon his
spouse, any handicapped person or anyone over sixty (60) years of
age.
(b) Probable cause to arrest a person for violating this
section shall be based on an officer’s observations and
statements made by the party(s) and witness(es) involved,
provided the officer, using reasonable judgment, believes an act
of abuse did occur and that the person to be arrested committed
the abuse.
(c) As used in this section:
(1) “Abuse” means an act or omission which results:
(A) In unreasonable restraint or personal liberty
of a spouse, handicapped person or elderly person;
(B) In harm or threatened harm to the health or
welfare of a handicapped or elderly person including,
but not limited to, intentionally inflicting physical
or mental injury, sexual abuse or withholding of
necessary food, clothing or medical care to meet the
physical and mental health needs of such person(s) by
one having the care, custody or responsibility of that
person; or
(C) In physical injury, pain, mental anguish,
sexual abuse, unreasonable confinement, malnutrition or
exploitation to a handicapped or elderly person by
another.
(2) “Elderly person” means any person sixty (60) years
of age or older;
(3) “Handicapped person” means any person who is
incapacitated due to a physical or mental disability; and
(4) “Spouse” means a person with whom the victim is
currently living or who has lived with the victim in the
past, regardless of whether they are/were married, or a person with whom the victim has a child in common regardless
of whether they have been married or have lived together at
any time.
(d) Any person found guilty of violating this section may
upon conviction be:
(1) Ordered to make restitution;
(2) Sentenced:
(A) On a first offense to not less than thirty
(30) days nor more than one (1) year imprisonment and a
fine of not less than Three Hundred Dollars ($300) nor
more than Five Thousand Dollars ($5,000);
(B) On a second offense to not less than forty
five (45) days nor more than one (1) year imprisonment
and a fine of not less than Five Hundred Dollars ($500)
nor more than Five Thousand Dollars ($5,000); and
(C) On a third or subsequent offense to not less
than six (6) months nor more than one (1) year
imprisonment and a fine of not less than One Thousand
Dollars ($1,000) nor more than Five Thousand Dollars
($5,000); and
(3) If the court deems appropriate, ordered to seek
and complete treatment and/or counseling for a period not to
exceed ninety (90) days, after which a report must be
submitted to the court evidencing successful completion of
the treatment so ordered.