[Adopted 9-2-1999 by Ord. No. 99-18]
The Menominee Tribal Legislature is empowered
by the Menominee Constitution and Bylaws to enact ordinances for the
preservation of tribal welfare, peace, and safety.
As used in this article, the following terms
shall have the meanings indicated:
Physical pain or injury, illness or any impairment of physical
condition.
Bodily injury which creates a substantial risk of death or
which causes serious permanent disfigurement or which causes a permanent
or protracted loss or impairment of the function of any bodily member
or organ or other serious bodily injury.
Either a biological parent, person adjudicated to be the
biological parent or a parent by adoption.
Includes but is not limited to the child's parent; guardian;
foster parent; an employee of a public or private group home, institution
or agency entrusted with the care of a child; or a person employed
by one legally responsible for the child's welfare to exercise temporary
control or care for the child or other person entrusted with the care
of the child.
Refers to social service entities responsible for the licensing
and supervision of group homes, child caring institutions, and day-care
facilities licensed by the Tribe or under § 48.65, Wis.
Stats., providing care and supervision of children for less than 24
hours a day.
Conduct which creates a situation of unreasonable risk of
harm and demonstrates conscious disregard for safety of a child.
A.
Whoever intentionally causes great bodily harm to
a child is guilty of the crime of first degree child abuse.
B.
Whoever intentionally causes bodily harm to a child
by conduct which creates a high probability of great bodily harm is
guilty of the crime of second degree child abuse.
C.
Whoever intentionally causes bodily harm to a child
is guilty of the crime of third degree child abuse.
A.
Whoever recklessly causes great bodily harm to a child
is guilty of the crime of second degree child abuse.
B.
Whoever recklessly causes bodily harm to a child by
conduct which creates a high probability of great bodily harm is guilty
of the crime of third degree child abuse.
C.
Whoever recklessly causes bodily harm to a child is
guilty of the crime of fourth degree child abuse.
A.
A person responsible for the child's welfare who has
knowledge that another person intends to cause, is causing, or has
intentionally or recklessly caused great bodily harm to the child
and is physically and emotionally capable of taking action which will
prevent the bodily harm from occurring or being repeated and fails
to take that action and the failure to act exposes the child to unreasonable
risk of great bodily harm or facilitates great bodily harm is guilty
of the crime of second degree child abuse.
B.
A person responsible for the child's welfare who has
knowledge that another person intends to cause, is causing, or has
intentionally or recklessly caused bodily harm to the child and is
physically and emotionally capable of taking action which will prevent
the bodily harm from occurring or being repeated and fails to take
that action and the failure to act exposes the child to unreasonable
risk of bodily harm or facilitates the bodily harm is guilty of the
crime of third degree child abuse.
A.
A lawful parent of a child does not violate this article
if that parent uses reasonable physical discipline and that discipline
does not cause scarring, burning, serious bruising, welting, or physical
injury.
B.
A spanking on the buttocks with an open hand does
not violate this article if reasonable force is used, appropriate
with the age of the child, and the discipline does not cause injuries
as defined above.
A.
Upon conviction, the Court shall impose the following
penalties:
(1)
First
degree child abuse: a jail term of not less than eight months nor
more than one year and a fine not less than $1,000 nor more than $5,000.
(2)
Second
degree child abuse: a jail term of not less than four months nor more
than six months and a fine not less than $500 nor more than $2,500.
(3)
Third
degree child abuse: a jail term of not less than two months nor more
than three months and a fine not less than $250 nor more than $1,500.
(4)
Fourth
degree child abuse: a jail term of not less than 30 days nor more
than two months and a fine not less than $150 nor more than $1,000.
C.
The Court may, in its discretion, stay any part of
a jail term or fine to a period of probation with appropriate conditions
not exceeding one year.
