§ 4-152. Official unlawful action.
A. It shall be unlawful, being a public servant and with the intent to materially benefit himself or another or to harm another, to:
1. Knowingly commit an unauthorized act which purports to be an act of his office, or knowingly refrain from performing a nondiscretionary duty imposed on him by law; or
2. Knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant, which information has not been made public:
a. Acquire or divest himself of a valuable interest in any property, transaction or enterprise which may be affected by such action or information; or
b. Speculate or wager on the basis of such action or information, or knowingly aid another to do any of the foregoing.
B. Official unlawful action 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.