Skip to main content
Loading…

Subchapter 2 ABUSE OF ELDERS OR MENTALLY INCAPACITATED PERSONS

This subchapter is included in your selections.
This section is included in your selections.

Any Indian or other person who commits abuse or neglect against any elder or mentally incapacitated person shall be sentenced as defined by this code and shall be guilty of an offense upon conviction thereof. Criminal prosecution of any person accused of elder abuse or neglect may be deferred or dismissed (as allowed by the provisions of the criminal code); provided, that, in addition to those provisions:

A. The elder, the elder’s family and caretaker (and the accused, if not a family member or caretaker) agree to resolve conflicts either through counseling, mediation or other dispute resolution procedures recognized by the Nation;

B. All parties concerned agree to accept services determined by the Osage Nation Social Services Department to be necessary for the situation;

C. The crime is not of a serious nature involving significant, intentional bodily injury or intentional property damage as determined by the Court;

D. The accused person does not have a prior record of related criminal offenses; and

E. Essential witnesses will likely be available if prosecution is undertaken within six months.