5-45-2. Failure to Adhere to Terms of Tribal Presidential/Council Declaration of Public Health Emergency.

Any person who willfully or intentionally fails to adhere to the terms and conditions of a properly-declared public health emergency, whether it be by Tribal Council Resolution or Tribal Presidential Declaration is guilty of the Offense of Failure to Adhere to Terms of a Presidential/Council Declaration of Public Health Emergency.

The elements are:

1. Notice of the Declaration and its terms must have been made public; and
2. The Declaration must have been in force when the failure to adhere took place; and
3. The Defendant willfully or intentionally committed an act that was in violation of one of the terms of the Declaration including but not limited to a shelter-in-place, essential activities, lockdowns or other extreme measures.

Failure to Adhere to Terms of Presidential/Council Declaration of Public Health Emergency is a Class B Offense.