Chapter 3.25
OFFENSES AGAINST THE FAMILY
Sections:
3.25.040 Failure to support or care for dependent person.
3.25.050 Contributing to the delinquency of an underage person.
3.25.060 Failure to send children to school.
3.25.070 Custodial interference.
3.25.080 Visitation interference.
3.25.010 Reserved.
[Res. 2018-444; Ord. 49 § 6.7.1, 1-8-2010 (Res. 2010-10)].
3.25.020 Reserved.
[Res. 2018-444; Ord. 49 § 6.7.2, 1-8-2010 (Res. 2010-10)].
3.25.030 Bigamy.
(1) A person commits the offense of bigamy if, while married, the person knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:
(a) The person believes on reasonable grounds that the prior spouse is dead;
(b) The person and the prior spouse have been living apart for five consecutive years throughout which the prior spouse was not known by the person to be alive;
(c) A court has entered a judgment purporting to terminate or annul a prior marriage and the person does not know the judgment to be invalid; or
(d) The person reasonably believes she or he is legally eligible to marry.
(2) Bigamy is a Class B offense. [Res. 2018-444; Ord. 49 § 6.7.3, 1-8-2010 (Res. 2010-10)].
3.25.040 Failure to support or care for dependent person.
(1) A person commits the offense of failure to support or care for a dependent person by knowingly:
(a) Refusing or neglecting to furnish food, shelter, or proper care, which the person is physically and financially able to provide to any person recognized as legally dependent upon the person;
(b) Endangering the health, welfare or emotional well-being of any child under the person’s care; or
(c) Failing to provide financial support, which the person is legally obligated to provide and the person is financially able to provide.
(2) Failure to support or care for a dependent person is a Class D offense.
(3) It is not a defense to a charge of failure to support that any other person, organization, or agency furnishes necessary food, clothing, shelter, medical attention, or other essential needs for the support of the spouse, child, or other dependent.
(4) A person commits the offense of aggravated failure to support if:
(a) The person has left the Reservation to avoid the duty of support; or
(b) The person has been previously convicted of the offense of failure to support.
(5) Aggravated failure to support is a Class E offense. [Res. 2018-444; Ord. 49 § 6.7.4, 1-8-2010 (Res. 2010-10)].
3.25.050 Contributing to the delinquency of an underage person.
(1) It is unlawful for an adult to knowingly invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow a minor to:
(a) Be truant from school;
(b) Possess or consume alcohol, or possess or consume a controlled substance or legend drug, as those terms are defined in Chapter 3.55 TTC, without a valid prescription;
(c) Run away from the place of abode of his or her parent, guardian, or other custodian;
(d) Violate a Court order; or
(e) Violate any criminal law.
(2) “Minor” means any person under 18 years of age.
(3) A first violation of this section is a Class C offense. A second or subsequent violation of this section is a Class E offense. [Res. 2018-444; Res. 2012-445 § 55; Ord. 49 § 6.7.5, 1-8-2010 (Res. 2010-10)].
3.25.060 Failure to send children to school.
(1) A person commits the offense of failure to send children to school by repeatedly neglecting or refusing, without good cause, to send any child of school age under the person’s care to school.
(2) For a first conviction of failure to send children to school, the offense is classified as a Class B offense.
(3) For a second or subsequent conviction of failure to send children to school, the offense is classified as a Class C offense. [Res. 2018-444; Ord. 49 § 6.7.6, 1-8-2010 (Res. 2010-10)].
3.25.070 Custodial interference.
(1) A person commits the offense of custodial interference when, with the intent to deprive another person or public agency of any custodial rights, the person maliciously takes, detains, entices, or conceals, either within or outside the exterior boundaries of the Reservation, any person under the age of 16, any incompetent person, any elder subject to an elder protection order, Chapter 4.30 TTC, or any person entrusted by authority of law to the custody of another person or institution.
(2) Expenses incurred in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “pecuniary damages” for purposes of restitution.
(3) Custodial interference is a Class E offense. [Res. 2018-444; Res. 2012-445 § 56; Ord. 49 § 6.7.7, 1-8-2010 (Res. 2010-10)].
3.25.080 Visitation interference.
(1) A person who has legal custody of a minor child commits the offense of visitation interference if he or she knowingly or purposely frustrates the visitation rights of a person entitled to visitation under an existing Court order.
(2) A first violation of visitation interference is a Class B offense. All subsequent violations are Class C offenses. [Res. 2018-444; Res. 2012-445 § 57; Ord. 49 § 6.7.8, 1-8-2010 (Res. 2010-10)].
3.25.090 Curfew violation.
(1) Every person under the age of 18 years is subject to curfew times as follows:
(a) 11:00 p.m. Sunday through Thursday; and
(b) 12:00 midnight on Friday and Saturday.
(2) Parents or guardians of children under the age of 18 are responsible for curfew compliance. Exceptions are permitted if the child is under the immediate supervision of a parent, guardian, or other adult approved by the parent or guardian. A child may attend authorized school functions without such supervision.
(3) Any child who fails to obey curfew regulations as well as any parent, guardian or custodian whose children fail to obey curfew regulations commits the offense of curfew violation.
(4) Curfew violation is a civil infraction with a fine of $50.00. [Res. 2018-444; Ord. 49 § 6.7.9, 1-8-2010 (Res. 2010-10)].