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A. It shall be unlawful, while believing that an official proceeding or investigation is pending or about to be instituted, to:

1. Alter, destroy, conceal or remove any record, document or thing with the intent to impair its verity or availability in such proceeding or investigation; or

2. Make, present or use any record, document or thing knowing it to be false and with a purpose to mislead a public servant who is or may be engaged in such proceeding or investigation.

B. Tampering with evidence 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.