TRIGGER WARNING: This article contains references to violent and sexual crimes.
By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Several ordinances dealing with adding crimes to the Cherokee Code of the Eastern Band of Cherokee Indians (EBCI) were deemed read and tabled during the Monday, Oct. 13 session of Annual Dinilawigi (Tribal Council).
Ord. No. 4, submitted by the EBCI Office of the Attorney General, seeks to add the crime of ‘Taking indecent liberties with children’ to the Code. The whereas section of the legislation states, “Currently, the Cherokee Code does not prohibit the conduct commonly listed as ‘indecent liberties with children’; and the prohibited conduct within this proposed ordinance covers a broad range of behaviors that should be prohibited under Cherokee Law.”
The legislation seeks to add Section 14-20.5 to read as follows:
- A person is guilty of taking indecent liberties with children if, being 18 years of age or more that person either: a. Willfully takes or attempts to take any immoral, improper, or indecent liberties with any minor for the purpose of arousing or gratifying sexual desire; or b. Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of a minor.
It would set the punishment for the crime of “not less than one year nor more than three years, all or any part of which may be suspended in the Court’s discretion, and a fine of up to $15,000”.
Ord. No. 5, submitted by the EBCI Office of the Attorney General, seeks to add the crimes of voluntary manslaughter and involuntary manslaughter to the Code. The whereas section states, “Currently, the Cherokee Code relies on common law definitions of voluntary and involuntary manslaughter and does not express the prohibition via statute; and codifying the common law crimes of voluntary and involuntary manslaughter is an exercise of sovereignty; and in doing so expresses Tribal Council’s intent to protect the citizens of the Eastern Band of Cherokee Indians by expanding criminal prohibitions to allow for more robust prosecutions.”
The legislation seeks to add two sections as follows:
Section 14-40.38 – Voluntary manslaughter
- It shall be unlawful to intentionally kill another human being with premeditation and deliberation. Voluntary manslaughter may be considered a lesser included of Homicide in the first degree.
Section 14-40.30 – Involuntary manslaughter
- It shall be unlawful to kill another person without malice, without premeditation and deliberation, and without the intent to kill or inflict serious bodily injury. Involuntary manslaughter may be considered a lesser included offense to Homicide in the second degree.
The legislation also seeks to add punishments for the crimes with both being the same: term of imprisonment not less than one year and not more than three years; fine of not more than $15,000; exclusion (banishment) not less than 10 years.
These ordinances must set for 25 days from the day of being tabled before they can be acted upon.
