A. It shall be unlawful to exercise or attempt to exercise any of the functions of public office when one has not been elected or appointed to office.

B. Unofficial misconduct 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.