26.05.050 Lesser included offenses.
An offender may be convicted of an offense included in an offense charged without having been specifically charged with the lesser included offense. An offense is included when:
(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
(2) It consists of attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or
(3) It differs from the offense charged only in that it is a less serious injury or risk of injury to the same person, property, or Tribal interest, or a lesser kind of culpability suffices to establish its commission.
The Tribal Court need not charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting the defendant of the lesser included offense.