Submitted by Judge Sunshine Parker
Cherokee Tribal Court
Felony is defined in the Cherokee Code at 14-1.3: A felony offense is any offense with a prescribed punishment that includes a term of imprisonment, the maximum of which exceeds one year. In layman’s terms, that means if you are charged with a crime that could send you to jail for more than one year you are facing a felony offense. Being charged with any crime in the Cherokee Code that can result in more than one year imprisonment means you have been charged with a felony regardless of the title of the offense.
Below is a list of crimes in the Cherokee Code that can carry a term of imprisonment that exceeds one year (*note: this list may not be comprehensive). For more details on what the elements of each crime are please go to Code of Ordinances | Eastern Band of Cherokee Indians, Tribes and Tribal Nations | Municode Library.
- 14-5.5 Stalking (when aggravated)
- 14-5.11 Abusing a Corpse
- 14-5.12 Violation of Privacy
- 14-5.20 Cruelty to Animals
- 14-10.15 First Degree Trespass
- 14-10.30 Robbery with a Dangerous Weapon
- 14-10.31 Robbery
- 14-10.40 Burglary
- 14-10.41 Breaking or Entering
- 14-10.42 Breaking or Entering a Place of Imprisonment
- 14-10.50 Arson in the First Degree
- 14-10.60 Larceny
- 14-10.61 Receiving or Possession Stolen Property (if value of property exceeds $1,000)
- 14-10.66 Larceny of Ginseng
- 14-20.2 Aggravated Sexual Abuse
- 14-20.3 Sexual Abuse
- 14-20.4 Sexual Abuse of a Minor or a Ward
- 14-20.8 Abusive Sexual Contact
- 14-25.4 False Reports and Alarms
- 14-30.5 Child Abuse in the First Degree
- 14-30.7 Transporting a Child Outside the Territory of the Eastern Band of Cherokee Indians with Intent to Violate Custody Order
- 14-30.11 Child Pornography
- 14-30.12 Sex Trafficking
- 14-34.1 Weapons Offense-Educational Property (by possessing or carrying, or by causing, encouraging, or aiding a minor less than 18 to possess or carry a firearm or powerful explosive)
- 14-34.15 Purchase or Possession of Firearms, etc. by Person Subject to Domestic Violence Order
- 14-34.17 Possession of Firearms, etc. by Felon Prohibited
- 14-40.1 Domestic Violence (if pursuant to another crime listed in 14-40.1(b)(6))
- 14-40.13(1) Exploitation of an Elder or Vulnerable Adult (by caretaker)
- 14-40.13(2) Neglect of an Elder or Vulnerable Adult (by caretaker)
- 14-40.13(3) Abuse of an Elder or Vulnerable Adult (by caretaker)
- 14-40.13(4) Aggravated Elder Abuse
- 14-40.14 Maiming
- 14-40.15 Discharging a Firearm into Occupied Property
- 14-40.30 Kidnapping
- 14-40.31 False Imprisonment
- 14-40.32 Custodial Interference
- 14-40.40 Homicide in the First Degree
- 14-40.41 Homicide in the Second Degree
- 14-40.42 Death by Distribution of Certain Controlled Substances; Aggravated Death by Distribution of Certain Controlled Substances
- 14-40.43 Causing a Suicide
- 14-40.44 Aiding or Soliciting a Suicide
- 14-40.49 Assault by Strangulation
- 14-40.50 Assault with a Deadly Weapon with Intent to Kill and Inflicting Serious Injury
- 14-40.51 Assault on Law Enforcement, Probation or Parole Officer
- 14-40.51.1 Assault of Tribal Justice Personnel
- 14-40.52 Assault or Affray on a Firefighter, and Emergency Medical Technician, Medical Responder, Emergency Department Nurse, or Emergency Medical Physician
- 14-40.53 Assault on a Government Employee
- 14-40.54 Assault Inflicting Serious Bodily Injury
- 14-40.66 Manufacture of Methamphetamine and Injury to Law Enforcement Officers and Others
- 14-40.67 Killing, Assaulting, or Harming a Law Enforcement Agency Animal (serious harm and killing)
- 14-50.27 Sex Offenders-Failure to Register
- 14-40.62 Extortion
- 14-60.10 Forgery
- 14-60.20 Embezzlement
- 14-60.30 False Pretenses
- 14-60.31 Securing Execution of Documents by Deception
- 14-60.38 Making a False Credit Report
- 14-70.1 Perjury in the First Degree
- 14-70.10 Tampering with Witnesses
- 14-70.11 Tampering with Evidence
- 14-70.12 Tampering with Public Records
- 14-70.13 Impersonation of a Public Servant
- 14-70.15 False Arrest
- 14-70.17 Interference with a Criminal Process
- 14-70.18 Providing or Possessing Contraband (if contraband is controlled substance, dangerous weapon, or firearm)
- 14-70.20 Malicious Conduct by Prisoner
- 14-70.21 Bail Jumping (if crime or offense for which individual failed to appear is punishable by a maximum sentence of greater than one year)
- 14-70.25 Escape from Imprisonment and Custody (if charge or conviction upon which confined is one with a maximum possible punishment of more than one year imprisonment)
- 14-70.30 Bribery
- 14-70.32 Improper Gifts to Public Officials
- 14-70.42 Misusing Tribal Money or Property
- 14-70.43 Compensation for Past Official Behavior
- 14-70.44 Official Unlawful Action
- 14-70.45 Special Influence
- 14-80.2 Incest
- 14-80.3 Bigamy
- 14-90.3 Soliciting, or Recruiting Criminal Street Gang Membership
- 14-95.6(b) Manufacture, Sell or Deliver, or Possession with Intent to Manufacture Sell or Deliver of a Controlled Substance (Schedule I-V)
- 14-95.8(b) Possession of an Immediate Precursor Chemical (not meth)
- 14-95.8(c) Possession of an Immediate Precursor Chemical (meth)
- 14-95.9 Drug Trafficking
- 14-95.10 Transporting a Controlled Substance into the Territory of EBCI
