[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:
BODILY HARM
Physical pain or injury, illness or any impairment of physical condition.
GREAT BODILY HARM
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.
PARENT
Either a biological parent, person adjudicated to be the biological parent or a parent by adoption.
PERSON RESPONSIBLE FOR A CHILD'S WELFARE
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.
PUBLIC OR PRIVATE INSTITUTION OR AGENCY
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.
RECKLESSLY
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.
B. 
Penalty enhancement; abuse by certain persons. If a person violates § 368-46, 368-47 or 368-48 and the person is responsible for the welfare of the child who is the victim of the violations, the maximum term of jail may be increased by not more than one year plus a fine not to exceed $5,000.
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.