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A. Except as provided in subsection (B) of this section, every person who falsely personates any public officer, civil or military, any firefighter, any law enforcement officer, any emergency medical technician or other emergency medical care provider, or any private individual having special authority by law to perform any act affecting the rights or interests of another, or who assumes, without authority, any uniform or badge by which such officers or persons are usually distinguished, and in such assumed character does any act whereby another person is injured, defrauded, harassed, vexed or annoyed, upon conviction, is guilty of a misdemeanor punishable by imprisonment in the custody of the Tribal Jail not exceeding one year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

B. Every person who falsely personates any public officer or any law enforcement officer in connection with or relating to any sham legal process shall, upon conviction, be guilty of a misdemeanor, punishable by imprisonment in the custody of the Tribal Jail for not more than one year, or a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

C. Every person who falsely asserts authority of law not provided for by Osage, federal or state law in connection with any sham legal process shall, upon conviction, be guilty of a misdemeanor, punishable by imprisonment in the custody of the Tribal Jail for not more than one year, or a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

D. Every person who, while acting falsely in asserting authority of law, attempts to intimidate or hinder a public official or law enforcement officer in the discharge of official duties by means of threats, harassment, physical abuse, or use of sham legal process, shall be guilty of a misdemeanor, punishable by imprisonment in the custody of the Tribal Jail for not more than one year, or a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

E. Any person who, without authority under Osage, federal or state law, acts as a Supreme Court Justice, a District Court Judge, an Associate District Judge, a Special Judge, a Magistrate, a Clerk of the Court or Deputy, a Notary Public, a juror or other official holding authority to determine a controversy or adjudicate the rights or interests of others, or signs a document in such capacity, shall be guilty of a misdemeanor, punishable by imprisonment in the custody of the Tribal Jail for not more than one year, or a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

F. Every person who uses any motor vehicle or motor-driven cycle usually distinguished as a law enforcement vehicle or equips any motor vehicle or motor-driven cycle with any spot lamps, audible sirens, or flashing lights, or in any other manner uses any motor vehicle or motor-driven cycle for the purpose of falsely personating a law enforcement officer and who in such assumed character commits any act whereby another person is injured, defrauded, harassed, vexed or annoyed shall, upon conviction, be guilty of a misdemeanor, punishable by imprisonment in the custody of the Tribal Jail not exceeding one year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

G. 

1. Any person who displays or causes to be displayed the words “Osage Nation Police” alone or in conjunction with any other word or words on any motor vehicle, badge, clothing, identification card, or any other object or document with the intent to communicate peace officer or investigating authority shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not exceeding One Thousand Dollars ($1,000.00). This paragraph shall not apply to any officer with statewide investigatory or law enforcement authority.

2. Any person who displays or causes to display such words as provided in this subsection for the purpose of falsely personating a law enforcement officer and as such commits any act whereby another person is injured, defrauded, harassed, vexed or annoyed shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the custody of the Tribal Jail not exceeding one year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

H. As used in this section:

1. “Sham legal process” means the issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, and purports to do any of the following:

a. To be a summons, subpoena, judgment, arrest warrant, search warrant, or other order of a court recognized by the laws of the Osage Nation, a law enforcement officer commissioned pursuant to Osage, state or federal law or the law of a federally recognized Indian tribe, or a legislative, executive, or administrative agency established by Osage, state or federal law or the law of a federally recognized Indian tribe;

b. To assert jurisdiction or authority over or determine or adjudicate the legal or equitable status, rights, duties, powers, or privileges of any person or property; or

c. To require or authorize the search, seizure, indictment, arrest, trial, or sentencing of any person or property; and

2. “Lawfully issued” means adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the Osage Nation, United States, a state, or a political subdivision of a tribe or state.

I. It shall not be a defense to a prosecution under subsection (B), (C), (D) or (E) of this section that:

1. The recipient of the sham legal process did not accept or believe in the authority falsely asserted in the sham legal process;

2. The person violating subsection (B), (C), (D) or (E) of this section does not believe in the jurisdiction or authority of the Osage Nation or of the United States government; or

3. The office the person violating subsection (B), (C), (D) or (E) of this section purports to hold does not exist or is not an official office recognized by Osage, state or federal law. ONCA 13-25, eff. Apr. 19, 2013.