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Tribal Government of Menominee Indian Tribe of WI
Menominee County
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Table of Contents
Table of Contents
Code
New Laws (25) Index Notes (1)
[Adopted 6-20-1996 by Ord. No. 96-09]
This article shall be titled "Increased Penalty for Gang-Related Crimes."
The Menominee Tribal Legislature is empowered by the Menominee Constitution and Bylaws to enact ordinances for the immediate preservation of health, welfare, peace, and safety.
The Tribal Legislature has determined that criminal gang activity on the Menominee Indian Reservation has increased to a level that immediately threatens the health, welfare and safety of the Menominee Indian Reservation and its residents. This article is necessary to help curtail gang-related offenses.
As used in this article, the following terms shall have the meanings indicated:
CRIMINAL GANG
An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult; that has a common name or a common identifying sign or symbol; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
CRIMINAL GANG ACTIVITY
The commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members:
A. 
Manufacture or delivery of a controlled substance, as prohibited by Chapter 306, Article I of this Code.
B. 
Battery or assault, as prohibited by Article I of this chapter.
C. 
Battery, special circumstances, as prohibited by Article III of this chapter.
D. 
Disorderly conduct, as prohibited by Chapter 120, Judiciary and Law and Order Code.
E. 
Abuse or sexual assault of a child, as prohibited by Chapter 368, Articles X and XI, of this Code.
F. 
False arrest, as prohibited by Chapter 120, Judiciary and Law and Order Code.
G. 
Abduction, as prohibited by Chapter 120, Judiciary and Law and Order Code.
H. 
Malicious mischief, as prohibited by Chapter 120, Judiciary and Law and Order Code.
I. 
Breaking and entering as prohibited by Article II of this chapter.
J. 
Theft, as prohibited by Chapter 120, Judiciary and Law and Order Code.
K. 
Concealed weapons, as prohibited by Chapter 120, Judiciary and Law and Order Code.
L. 
Receiving stolen property, as prohibited by Chapter 120, Judiciary and Law and Order Code.
M. 
Extortion, as prohibited by Chapter 120, Judiciary and Law and Order Code.
N. 
Cruelty to animals, as prohibited by Chapter 120, Judiciary and Law and Order Code.
O. 
Trespass, as prohibited by Chapter 523, Article I, of this Code.
P. 
Injury to public property, as prohibited by Chapter 120, Judiciary and Law and Order Code.
Q. 
Resisting or obstructing an officer, as prohibited by Article XII of this chapter.
R. 
Any other crime against a person or property.
CRIMINAL GANG MEMBER
Any person who participates in criminal gang activity, as defined in this article, with a criminal gang.
PATTERN OF CRIMINAL GANG ACTIVITY
The commission of, attempt to commit or solicitation to commit two or more of the crimes enumerated above, or acts that would be crimes if the actor were an adult, where at least one of those acts or crimes occurs after the effective date of this article, the last of those acts or crimes occurred within three years after a prior act or crime, and the acts or crimes are committed, attempted or solicited on separate occasions or by two or more persons.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
If a person is convicted of any of the above-enumerated offenses pursuant to Menominee tribal law for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, the penalties for the underlying crime are increased as provided below:
A. 
The maximum jail term for the tribal crime may be increased up to the maximum level allowed by the Indian Civil Rights Act (25 U.S.C. § 1301 et seq.)
B. 
In determining the amount of penalty enhancement, the Court shall consider the seriousness of the offense, the harm to the victim or victims, prior criminal history of the offender, remorse of the offender, age of the offender and other aggravating or mitigating factors.
C. 
The penalty of banishment from the Menominee Indian Reservation may be imposed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Menominee Tribal Court shall direct a special verdict as to whether the underlying crime was committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members.