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From LEGISLATIVE RESOLUTION NO. AS-93-45
ABSENTE-SHAWNEE TRIBE OF INDIANS OF OKLAHOMA (criminal offences)
CHAPTER FIVE: CRIMES AGAINST PUBLIC HEALTH, SAFETY, AND WELFARE.
Section 536. Intoxication
(a) It shall be unlawful to be under the influence of an intoxicating
beverage, drugs, or other controlled substance, or a substance having the
property of releasing vapors, to any degree, in a public place or in a private
place where one unreasonably disturbs another person, under circumstances not
amounting to disorderly conduct.
(b) Intoxication shall be punishable by a fine not to exceed One
Hundred Fifty Dollars ($150.00), or by a term of imprisonment in the Tribal jail
not to exceed three months, or both. However, a judge or the arresting law
enforcement officer may order the release from custody and the dropping of a
charge under this section if he believes further imprisonment is unnecessary for
the protection of the individual or another and the individual is in a sober
condition at the time of release. The Judge may also commit the person convicted
to a facility for treatment if it appears that the person is dependent upon the
intoxicating beverage, drugs, controlled substance, or vapor producing
substance, for a period not to exceed six months.
Section 537. Possession Of An Alcoholic Beverage
(a) It shall be unlawful to buy, sell, serve, give away, consume,
furnish, or possess any beer, ale, wine, liquor, spirits, or any other beverage
or product containing alcohol for ingestion by human beings; or to appear or be
found in a place where alcoholic beverages are sold and/or consumed, without
written authority of the Executive Committee.
(b) Possession of an alcoholic beverage shall be punishable by a fine
not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment
in the Tribal jail not to exceed three months, or both.
(c) Any such alcoholic beverage handled in violation of this section
is hereby declared to be contraband and civil proceedings may be had against
such alcoholic beverages for forfeiture as provided by law.
Section 538. Tobacco Offense
(a) It shall be unlawful to:
(1) Purchase, obtain, possess, smoke, chew, inhale or ingest any
product made from or with tobacco if under the age of sixteen years; or
(2) Sell to, or otherwise obtain for or arrange for the Qbtaining of
tobacco or a tobacco product for a person under the age of twelve, or to
knowingly permit such a person to operate a machine dispensing tobacco
products in his place of business or in an area of a place of business over
which he is charged with the management or operation.
(b) Tobacco offenses shall be punishable by a fine not to exceed Two
Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail
not to exceed three months, or both.
