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A. It shall be unlawful to knowingly confer or offer or agree to confer any benefit to a public servant with the intent to induce an exercise of their discretion in an unlawful manner, or to undermine official impartiality.

B. This section shall not apply to:

1. Fees prescribed by law to be received by a public servant, or any benefit for which the recipient gives lawful consideration or to which he is otherwise entitled; or

2. Gifts or other benefits conferred on account of kinship, traditional ceremonies or other personal, professional or business relationship independent of the official status of the receiver; or

3. Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.

C. Improper gifts to public servants shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal Jail not to exceed one year, or by banishment for not less than five years nor more than ten (10) years or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten (10) years nor more than life.