Statutes | 9 GTBC ยง 4.10 | 2020
(a) Penalties and Sanctions.
(1) Criminal penalty. Each violation of a provision of this code by a sex offender who is a Native American shall be considered a crime and subject to a period of incarceration of up to one (1) year and/or a fine of up to five thousand dollars ($5,000).
(2) Criminal Sanctions:
(A) Failure to register. Any person required to register under this code within the time specified under this code shall be guilty of an offense punishable by up to one (1) year and/or a fine of up to five thousand dollars ($5,000).
(B) Providing false or misleading registration information. Any person required to register under this code who knowingly provides false or misleading information required under Section 4.05 shall be guilty of an offense up to one (1) year and/or a fine of up to five thousand dollars ($5,000).
(C) Failure to update registration information. Any person required to register under this code who fails to update their registration information in violation of Section 4.04(e) shall be guilty of an offense punishable by up to one (1) year and/or a fine of up to five thousand dollars ($5,000).
(D) Failure to appear for periodic registration. Any person required to appear for periodic in person verification under Section 4.04(f) and fails to comply, shall be guilty of an offense punishable by up to one (1) year and/or a fine of up to five thousand dollars ($5,000).
(E) Violation of school zone of restriction. Any sex offender who violates Section 4.06 is guilty of an offense punishable by one (1) year in jail and/or a five thousand dollar ($5,000) fine.
(F) Violation of residency restrictions. Any sex offender who violates Section 4.06(b) is guilty of an offense punishable by up to one (1) year and/or a fine of up to five thousand dollars ($5,000).
(G) Hindrance of Sex Offender Registration. A person is guilty of an offense if he or she:
(i) Knowingly harbors or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this code
(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this code or
(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.
(H) Misuse of Registration Information.
(i) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, or a person residing or working at an address reported by a sex offender, including information displayed by law enforcement agencies on websites, shall be guilty of an offense punishable by ninety-three (93) days in jail or a five hundred dollar ($500) fine.
(ii) The sale or exchange of sex offender information for profit is prohibited. Any violation of this Subsection (ii) is an offense punishable by ninety-three (93) days in jail or a five hundred dollar ($500) fine.
(I) Repeat Offenders. Any second or subsequent violation under this code occurring within the mandatory registration period shall be an offense punishable by one (1) year in jail or a five thousand dollar ($5,000) fine.
(J) Civil Penalty. Each violation of a provision of this code by a sex offender who is not a Native American shall be considered a civil violation subject to enforcement by any means not prohibited by federal law, including, but not limited to, the issuance of fines, forfeitures, civil contempt.
History: Tribal Act #10-28.2164, enacted by Tribal Council on July 21, 2010. As amended by Tribal Council motion on October 29, 2014 and by Tribal Council motion on January 31, 2018.