1.26.240 Penalties

(a) The following shall be subject to a civil forfeiture not less than $100 nor more than $1,000:

(1) False statement. Any person who in any affidavit or statement made under this chapter willfully and falsely swears, or who procures another to swear falsely in regard to any material fact relating to the competency of either or both of the parties applying for a marriage license, or as to the ages of such parties, if minors, or who falsely pretends to be the parent or guardian having authority to give consent to the marriage of such minor.

(2) Unlawful issuance of marriage license. Any clerk who knowingly issues a marriage license contrary to or in violation of this chapter.

(3) False solemnization of marriage. Any person, not being duly authorized by this chapter who intentionally undertakes to solemnize a marriage on the Reservation or any person who intentionally participates in or in any way aids or abets any false or fictitious marriage.

(b) The following shall be subject to a civil forfeiture not less than $100 or more than $500:

(1) Unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provide; or unless the parties to such marriage declare that they take each other as husband and wife; or without the presence of 2 competent adult witnesses; or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 30 days after the date of the marriage license, or falsely certifies to the date of a marriage solemnized by the officiating person.

(2) Unlawful solemnization by parties. Where a marriage is solemnized without the presence of an officiating person if the parties to such marriage solemnize the same without the presence of 2 competent adult witnesses or more than 30 days after the date of the license; or falsely certify to the date of such marriages.

(1) Failure to file marriage certificate. Every officiating person, or persons marrying without the presence of an officiating person, who neglect or refuse to transmit the original marriage certificate, solemnized by him or them, to the clerk of court within 3 days after the date of the marriage.

(2) Violations relating to records. Any clerk who refuses or neglects to enter upon the marriage license docket a complete record of each application, and of each marriage license issued from the clerk's office, immediately after the same has been made or issued, as the case may be, or fails to keep such marriage license docket open for inspection or examination by the public during office hours, or prohibits or prevents any person from making a copy or abstract of the entries in the marriage license docket.

(d) The following shall be subject to a civil forfeiture not less than $10 nor more than$50:

(1) Other violations. Any person violating any provision of this chapter for which no other penalty is provided.