Colville Tribal Law and Order Code, Title 3

TITLE 3 - OFFENSES

CHAPTER 3-1 CRIMINAL CODE
CHAPTER 3-2 EXCLUSION AND REMOVAL
CHAPTER 3-3 MOTOR VEHICLES
CHAPTER 3-4 CENTRAL RECORDS REPOSITORY
CHAPTER 3-5 CRIME VICTIM COMPENSATION
CHAPTER 3-6 FIREWORKS
CHAPTER 3-7 CIVIL INFRACTIONS

CHAPTER 3-1 CRIMINAL CODE

OFFENSES AGAINST THE PERSON

3-1-1 Abduction

Any person who shall willfully take away or detain another person against his will so as to interfere substantially with his liberty, or knowingly and without the consent of the lawful custodian shall take away, entice, or detain a child from the custody of his lawful custodian when he lacks lawful permission or authority to do so, shall be guilty of Abduction. Abduction is a Class A offense.

3-1-2 Adulteration of Food and Drink

Any person who shall manufacture, sell or keep or offer for sale any food, drug or drink which contains any harmful substance shall be guilty of the offense of Adulteration of Food and Drink. Adulteration of Food and Drink is a Class B offense.

3-1-3 Assault

Any person who shall threaten bodily injury to another person through unlawful force or violence shall be guilty of Assault. Assault is a Class C offense.

3-1-4 Battery

Any person who shall willfully strike another person or otherwise inflict bodily injury, or who shall by offering violence cause another to harm himself, shall be guilty of Battery. Battery is a Class A offense.

3-1-5 Causing or Aiding Suicide

Any person who shall willfully cause or aid another to commit suicide shall be guilty of the offense of Causing or Aiding Suicide. Causing or Aiding Suicide is a Class A offense.

3-1-6 Criminal Homicide

Any person who shall knowingly, recklessly or negligently cause the death of another human being shall be guilty of Criminal Homicide. Criminal Homicide is a Class A offense.

3-1-7 Dangerous Nuisance

Any person who shall have on his premises any abandoned ice-box, chest, or other container not in active use, any door to which has a latch or lock which automatically fastens when the door is closed and which cannot be readily opened from the inside, shall be guilty of Dangerous Nuisance. Dangerous Nuisance is a Class C offense.

3-1-8 Defamation

Any person who shall knowingly and with malicious intent, communicate to any other person orally or in writing any information which he knows or should know to be false and knows that the information tends to impeach the honesty and integrity or reputation of a third person and thereby expose him to public hatred, contempt or ridicule shall be guilty of Defamation. Defamation is a Class C offense.

3-1-9 Indecent Liberties

(a) A person is guilty of Indecent Liberties when such person causes another person under the age of sixteen who is not his or her spouse to have sexual contact with him, her or another.

(b) A person is guilty of Indecent Liberties when such person knowingly causes another person who is not his or her spouse to have sexual contact with him, her or another:

(1) by forcible compulsion;
(2) when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) when the victim is developmentally disabled, a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant or dependent relationship with the perpetrator;

(c) “Sexual contact” means any touching, regardless of who does the touching, of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

(d) "Forcible compulsion" means:

(1) physical force that overcomes resistance; or
(2) an express or implied threat that places a person in fear of death or physical injury to himself, herself or another person, or in fear that he, she or another person will be abducted or kidnapped.

(e) Indecent Liberties is a Class A offense.

(f) Defenses are set out in 3-1-17.

(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)

3-1-10 Rape

(a) A person is guilty of rape when such person engages in sexual intercourse with another person under the age of sixteen.

(b) A person is guilty of rape when such person engages in sexual intercourse with another person:

(1) by forcible compulsion;
(2) when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
(3) when the victim is developmentally disabled, a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and the victim has a significant or dependent relationship with the perpetrator; or
(4) when the victim did not consent to sexual intercourse with the perpetrator and such lack of consent was expressed by the victim's word or conduct.

(1) has its ordinary meaning and occurs upon any penetration, however slight;
(2) also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or
(3) also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(d) "Forcible compulsion" means the same as in section 3-1-9 (d)

(e) Rape is a Class A offense.

(f) Defenses are set out in section 3-1-17.

(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)

3-1-11 Reckless Endangerment

Any person who shall recklessly engage in conduct which places or may place another human being in danger of death or serious bodily injury shall be guilty of Reckless Endangerment. Reckless Endangerment shall be presumed whenever a person shall knowingly point or discharge a firearm at or in the direction of another whether the actor believes the firearm to be loaded or not. Reckless Endangerment is a Class A offense.

3-1-12 Vehicular Homicide

Any person who shall, while under the influence of an alcoholic beverage or a controlled substance or drug to a degree which renders him incapable of safely driving a vehicle, cause the death of another by operating a motor vehicle, shall be guilty of Vehicular Homicide. Vehicular Homicide is a Class A offense.

3-1-13 Weapons, Carrying Concealed

Any person, other than a bona fide law enforcement officer of any jurisdiction, who shall go in a public place armed with a loaded or unloaded firearm, any explosive device, any instrument with a sharpened blade longer than four inches, or a club longer than twelve inches, concealed upon his or her person, unless he or she shall have a current valid permit to carry such a weapon concealed signed by the Chief of the Colville Tribal Police under regulations promulgated by the chief, shall be guilty of Carrying A Concealed Weapon. Carrying A Concealed Weapon is a Class A offense. Weapons lawfully seized under this section may be forfeited to the Tribes pursuant to tribal civil forfeiture procedures.

(Adopted 11/20/86, Resolution 1986-598)

3-1-14 Weapons, Firing

Any person, excepting a bona fide law enforcement officer acting within the scope of his or her duty, who discharges a firearm within any settled community on the lands of the Colville Indian Reservation shall be guilty of Unlawful Discharge of a Firearm. Unlawful Discharge of a Firearm is a Class B offense. Weapons lawfully seized under this section may be forfeited to the Tribes pursuant to Tribal civil forfeiture procedures.

(Adopted 11/20/86, Resolution 1986-598)

3-1-15 Stalking

(a) A person commits the offense of stalking if the person:

(1) purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury, indecent liberties, rape, death of himself or herself or a family or household member or uninvited intrusion into a residence or place of employment; and
(2) has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury, indecent liberties, rape, death of himself or herself or a family or household member, or uninvited intrusion into a residence or place of employment; and
(3) whose acts induce fear in the specific person of bodily injury, indecent liberties, rape, death of himself or herself or a family or household member or uninvited intrusion into a residence or place of employment.

(b) For purposes of this section:

(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats, or threats implied by conduct or a combination thereof directed at or toward a person.
(2) “Repeatedly” means on two or more occasions.
(3) "Has knowledge" means a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstances exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as "knowing" or "with knowledge", have that same meaning.

(c) Attempts to engage in this course of conduct after being given actual notice that the person does not want the course of conduct to continue constitutes prima facie evidence that the stalker’s actions are purposeful, as required in (a)(1) of this section, and that the stalker has knowledge, as required in (a)(2) of this section.

(d) A conviction for the offense of stalking is a Class C offense, except that a conviction is a Class B offense if any of the following apply:

(1) the stalker has previously been convicted of the offense of stalking under this section;
(2) the stalker has previously been convicted in Tribal Court or another court of domestic violence, or harassment of the same victim or any person specifically named in a protective order;
(3) the stalking violates any protective order protecting the person being stalked;
(4) the stalker was armed with a deadly weapon while stalking the person;
(5) the stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, spokesperson, legislator, or community correction’s officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or
(6) the stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.

(Amended 8/19/04, Resolution 2004-529)
(Certified 8/25/04)

3-1-16 Sexual Exploitation of a Minor

(a) A person is guilty of Sexual Exploitation of a Minor if the person, for his, her or another’s sexual gratification, monetary or other benefit:

(1) compels a minor by threat or force to engage in sexually explicit conduct;

(2) aids, invites, employs, authorizes, permits, or causes a minor to engage in sexually explicit conduct; or
(3) being a parent, legal guardian, or person having custody or control of a minor, aids, invites, employs, authorizes, causes or permits the minor to engage in sexually explicit conduct.

(b) “Sexually explicit conduct” means actual or simulated:

(1) sexual intercourse as defined in section 3-1-10 (c);
(2) sexual contact as defined in section 3-1-9 (c);
(3) masturbation;
(4) sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
(5) exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;
(6) defecation or urination for the purpose of sexual stimulation of the viewer; or
(7) any other conduct done for the purpose of sexual stimulation of the viewer.

(d) Defenses are set out in section 3-1-17.

3-1-17 Defenses to prosecution for Indecent Liberties, Rape and Sexual Exploitation of a Minor

In any prosecution for Indecent Liberties, Rape or Sexual Exploitation of a Minor in which lack of consent is based solely upon the alleged victim’s mental incapacity or upon the alleged victim’s being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the alleged victim was not mentally incapacitated or was not physically helpless, as alleged.

(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)

OFFENSES AGAINST PROPERTY

3-1-40 Arson

Any person who shall willfully burn or set on fire any building or who shall willfully set a fire manifestly dangerous to any human or animal life, shall be guilty of Arson. Arson is a Class A offense.

3-1-41 Burglary

Any person who shall enter or remain unlawfully in a building, structure, or vehicle with the purpose of committing an offense therein, unless he is licensed or privileged to enter, shall be guilty of Burglary. Burglary is a Class A offense.

3-1-42 Destruction of Advertisement

Any person who shall, without proper authorization, destroy, deface or remove any sign or advertisement authorized by law, shall be guilty of Destruction of Advertisement. Destruction of Advertisement is a Class C offense.

3-1-43 Embezzlement

Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof, shall be guilty of Embezzlement. Embezzlement is a Class B offense.

3-1-44 Extortion

Any person who shall willfully, by making false charges against another person or by any other means whatsoever, extort anything of value, shall be guilty of Extortion. Extortion is a Class B offense.

3-1-45 Failure to Control or Report Fire

Any person who shall know that a fire is endangering life or a substantial amount of property of another while he is under an official, contractual or other legal duty to prevent or combat the fire, and who shall fail to report the fire promptly and to take reasonable measures to control or put out the fire when he can do so without substantial risk or harm to himself, shall be guilty of Failure to Control or Report Fire. Failure to Control or Report Fire is a Class A offense.

3-1-46 Firing Timber

Any person who shall willfully set fire to any timber, woods, meadow, marsh or field within the Reservation, except in accordance with a permit issued by the Council, shall be guilty of Firing Timber. Firing Timber shall be a Class B offense.

3-1-47 Forgery or Counterfeiting

Any person who shall, with intent to defraud, falsely sign, execute, alter or counterfeit any written instrument or currency, shall be guilty of Forgery or Counterfeiting. Forgery and Counterfeiting are Class B offenses.

3-1-48 Fraud

Any person who shall, by willful misrepresentation or deceit or by false interpreting or by the use of false weights or measure, obtain any money or other property shall be guilty of Fraud. Fraud is a Class B offense.

3-1-49 Fraudulent Credit Card Use

Any person who shall use a credit card for the purpose of obtaining property or services with knowledge that the card is stolen, has been revoked or canceled, or is unauthorized for use, shall be guilty of Fraudulent Credit Card Use. Fraudulent Credit Card Use is a Class B offense.

3-1-50 Injury to Public Property

Any person who shall, without proper authority, willfully injure any public property of the Tribes, State of Washington, or the United States, shall be guilty of Injury to Public Property. As used in this statue, all home monitoring equipment supplied by the Tribes to any individual shall be deemed property of the Tribes. Injury to Public Property is a Class B offense.

(Amended 11/13/97, Resolution 1997-714)
(Certified 3/9/01)

3-1-51 Malicious Mischief

Any person who shall maliciously or recklessly disturb, injure or destroy any property of any other person, shall be guilty of Malicious Mischief. Malicious Mischief is a Class B offense.

3-1-52 Receiving Stolen Property

Any person who shall receive or conceal, or aid in receiving or concealing any property, knowing it to be stolen, embezzled, or obtained by fraud or false pretense, robbery or burglary, or other unlawful means, shall be guilty of Receiving Stolen Property. Receiving Stolen Property is a Class B offense.

3-1-53 Removal of Landmarks

Any person who shall willfully remove, alter, or destroy any boundary marker or other landmark erected by the Tribes or the United States within the Reservation, shall be guilty of Removal of Landmarks. Removal of Landmarks is a Class C offense.

3-1-54 Robbery

Any person who shall, in the course of committing a theft, inflict serious bodily injury upon another, or threaten another with, or purposely put another in fear of immediate serious bodily injury, shall be guilty of Robbery. Robbery is a Class A offense.

3-1-55 Theft

Any person who shall take the property of another person with intent to steal shall be guilty of Theft. Theft is a Class B offense.

3-1-56 Theft of Services

Any person who shall obtain services which he knows are available only for compensation, by deception, threat, force or any other means designed to avoid due payment therefor, shall be guilty of Theft of Services. Theft of Services is a Class B offense.

3-1-57 Trespass-Buildings

Any person who shall enter or remain in any building or occupied structure or the premises of another person, knowing that he is not authorized to do so, whether by day or night, shall be guilty of Trespass-Buildings. Trespass-Buildings is a Class C offense.

3-1-58 Trespass-Lands

Any person who shall enter or remain upon any land as to which notice against trespass is given to him by actual communication, or by posting in a manner reasonably likely to come to the attention of intruders or by fencing or other means of enclosure manifestly designed to exclude intruders, or who shall willfully allow livestock to occupy or graze on the fenced lands of another shall be guilty of Trespass-Lands. Trespass-Lands is a Class C offense.

3-1-59 Unauthorized Use of Vehicle

Any person who shall operate another's automobile, airplane, motorcycle, motor boat or other motor propelled vehicle without the consent of the owner shall be guilty of Unauthorized Use of Vehicle. Unauthorized Use of Vehicle is a Class B offense.

3-1-60 Unlawful Disposition of Estate Property

Any person who shall, without proper authority, sell, trade, or otherwise dispose of any property of an estate before determination of the heirs, shall be guilty of Unlawful Disposition of Estate Property. Unlawful Disposition of Estate Property is a Class C offense.

3-1-61 Unlawful Fence Cutting

Any person who shall willfully cut the wire or any member of a fence belonging to another shall be guilty of Unlawful Fence Cutting. Unlawful Fence Cutting is a Class C offense.

3-1-62 Unlawful Green Timber Cutting

Any person who shall, without proper authority cut any standing green timber on the Reservation, shall be guilty of Unlawful Green Timber Cutting. Unlawful Green Timber Cutting is a Class C offense.

3-1-63 Unlawful Issuance of Bank Check

(a) A person commits unlawful issuance of bank check if the person shall, with the intent to defraud, issue, or pass a check, draft or order for payment of money upon any bank or other depository for the purpose of obtaining money, property or any other thing of value, or paying for services, knowing at the time of such issuance or delivery that:

(1) He has insufficient funds in or credit with the bank or depository for payment in full; or
(2) Prior to the issuance or delivery of said check or order he has closed his account with the bank or depository; or
(3) He issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check and fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within thirty (30) days of issuing said check or draft.

(b) "Credit", as used in this section, means an arrangement or understanding with the bank or depository for the payment of a check or draft.

(c) Issuing or delivering a check or draft to another person without funds or credit to meet the same shall be prima facie evidence of an intent to defraud.

(d) Unlawful issuance of bank check is a Class C offense.

(Amended 7/3/02, Resolution 2002-408)
(Certified 7/19/02)
(Amended 4/5/83, Resolution 1983-235)

3-1-64 Unlawful Entry into a Sealed Tool Box

It is unlawful for any person, other then those authorized by Fire management, to enter into a sealed fire toolbox. Unlawful Entry into a Sealed Fire Tool Box is a Class C offense.

(Adopted 4/15/04, Resolution 2004-261)
(Certified 4/28/04)

OFFENSES AGAINST THE FAMILY

3-1-90 Abuse of Vulnerable Adult

(a) It shall be unlawful for any person:

(1) To willfully inflict physical or mental pain or injury on an elder or vulnerable adult or threaten to do the same;
(2) To willfully misuse the funds, property or resources of an elder or vulnerable adult for profit or advantage; or
(3) Who is responsible for the care of an elder or vulnerable adult, to willfully fail to provide food, clothing, shelter, medical care or other services reasonably necessary to sustain the life and health of an elder or vulnerable adult.

(b) A Tribal Police Officer shall arrest any person whom he has probable cause to believe has violated this section by inflicting physical pain or injury on an elder or vulnerable adult or threatened to do the same.

(c) In addition to any other penalty imposed for a violation of this section, the Tribal Court may grant any other civil or equitable remedy.

(d) Abuse of Vulnerable Adults is a Class B offense.

3-1-91 Bigamy

Any person who shall, knowing that he has a husband or wife, or knowing that the other person has a husband or wife, purport to marry another person, shall be guilty of Bigamy. Bigamy is a Class B offense.

3-1-92 Contributing to the Delinquency of a Child

Any person who shall, by act or omission, encourage, cause or contribute to the delinquency of a child shall be guilty of Contributing to the Delinquency of a Child. Contributing to the Delinquency of a Child is a Class B offense.

3-1-93 Criminal Non-Support

Any person who shall, without just cause, fail to provide for the support of his spouse, child or other dependent who is in needy circumstances, shall be guilty of Criminal Nonsupport Criminal Nonsupport is a Class B offense.

3-1-94 Distributing Alcohol to a Person Under Twenty-One

Any person who shall sell, barter or give any alcoholic beverage to any person under the age of twenty-one years shall be guilty of Distributing Alcohol to a Person Under twenty-one. Distributing Alcohol to a Person Under twenty-one is a Class B offense.

3-1-95 Endangering the Welfare of a Child

Any person who shall, being a parent, guardian, or supervisor of the welfare of a child, knowingly endanger the child's welfare by violating a duty of care, protection or support, or by intentionally leaving or abandoning the child without care, or by otherwise neglecting to care for the child in any manner which threatens serious harm to the physical, emotional or mental well-being of the child, shall be guilty of Endangering the Welfare of a Child. Endangering the Welfare of a Child is a Class B offense.

3-1-96 Failure to Send a Child to School

Any person who shall, without just cause, neglect or refuse to send any child under 16 years of age under his care or custody to school, shall be guilty of Failure to Send a Child to School. Failure to Send a Child to School is a Class C offense.

3-1-97 Incest

Any person who shall knowingly marry, cohabit or have sexual intercourse or sexual contact with a person he knows to be an ancestor or descendant, brother, sister, aunt, uncle, nephew, niece or first cousin, any of which are of the whole or half blood, shall be guilty of Incest. Incest is a Class B offense.

OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT

3-1-120 Bail Jumping

Any person who shall, having been released on bail or on his own recognizance by court order or other lawful authority upon condition that he subsequently appear on a charge of an offense, fail without just cause to appear at the time and place lawfully designated for the appearance, shall be guilty of Bail Jumping. Bail Jumping is a Class C offense.

3-1-121 Bribery

Any person who shall promise, offer or give or cause to be promised, offered or given, any money, property, services or other thing of value to any officer, employee or representative of any tribal organization, with intent to influence his decision or action on any matter, which may be brought or is pending before him in his official capacity, and any person who, being such officer, employee or representative or person so acting, shall solicit or accept any such bribe, shall be guilty of Bribery. Bribery is a Class B offense.

3-1-122 Conspiracy to Commit Offense

Any two or more persons who shall conspire to commit an offense enumerated in this Code against the Tribe or any human being, one or more of whom shall do an act to effect the object of the conspiracy, shall each be guilty of Conspiracy to Commit an Offense. Conspiracy to Commit an Offense is a Class B offense.

3-1-123 Disobedience of a Lawful Court Order

Any person who shall willfully disobey any lawful order, subpoena, or warrant of the Tribal Court or any officer thereof, shall be guilty of Disobedience of a Lawful Court Order. Disobedience of a Lawful Court Order is a Class B offense.

3-1-124 Doing Business Without a License

Any person who shall, without a valid license from the Council, commence or carry on any business, trade, profession or calling on the Reservation, the transaction or carrying on of which is required by this Code to be licensed, shall be guilty of Doing Business Without a License. Doing Business Without a License is a Class C offense.

3-1-125 Escape

Any person who shall, being in lawful custody for any offense, escape or attempt to escape, or fail to return to official detention following temporary leave granted by the Tribes for any purpose (excluding probation, parole, or release on bail) or who shall permit or assist or attempt to permit and assist another person to escape, shall be guilty of Escape. As used in this statue, "Official Detention" is the place of detention set by the jail board under section 2-1-179 and may include home, work or other location as set by the Jail Board. Escape is a Class B offense.

(Amended 11/13/97, Resolution 1997-714)
(Certified 3/9/01)

3-1-126 False Alarm

Any person who shall knowingly cause a false fire alarm or alarm of other emergency to be transmitted to or within any organization, official or volunteer for dealing with emergencies involving danger to life or property, shall be guilty of False Alarm. False Alarm is a Class C offense.

3-1-127 False Arrest

Any person who shall willfully and knowingly make, or cause to be made, the unlawful arrest, detention, or imprisonment of another person, shall be guilty of False Arrest. False Arrest is a Class B offense.

3-1-128 Impersonating a Public Servant

Any person who shall falsely pretend to hold a position of public office or employment with the purpose of inducing another to submit to such pretended official authority, shall be guilty of Impersonating a Public Servant. Impersonating a Public Servant is a Class B offense.

3-1-129 Intimidation

Any person who shall, directly or indirectly, use unjustified force or violence or threaten the use thereof or engage in any other unlawful act with intent to force or coerce any other person to do something against such person's will shall be guilty of Intimidation. Intimidation is a Class B offense.

3-1-130 Intimidation of a Public Officer

Any person who shall, directly or indirectly, use unjustified force or violence, or threaten the use thereof, to a public officer with intent to influence or interfere with performance of an official function, shall be guilty of Intimidation of a Public Officer. Intimidation of a Public Officer is a Class B offense.

3-1-131 Misuse of Public Funds

Any person who shall, being a public servant or other person charged with receipt, safekeeping, transfer or disbursement of public funds, without lawful authority, appropriate funds to his own use or the use of another, or who shall otherwise handle public funds in a manner not authorized by law, shall be guilty of Misuse of Public Funds. Misuse of Public Funds is a Class B offense.

3-1-132 Obstructing a Governmental Function

Any person who shall, directly or indirectly, use unjustified force or violence, or threaten the use thereof or engages in any other unlawful act with intent to influence or interfere with performance of an official duty by a public officer shall be guilty of Obstructing a Governmental Function. Obstructing a Governmental Function is a Class B offense.

3-1-133 Obstructing Justice

(a) A person shall be guilty of Obstructing Justice when such person purposely hinders the apprehension, prosecution, conviction, or punishment of himself or another for the commission of an offense.

(b) Obstructing Justice is a Class B offense.

(Amended April 15, 2004, Resolution 2004-247)
(Certified 4/30/04)

3-1-134 Perjury

Any person who shall willfully and knowingly in any judicial proceeding in the Tribal Court, falsely swear or interpret, or make a sworn statement or affidavit, or induce or procure another person to do so, shall be guilty of Perjury. Perjury is a Class A offense.

3-1-135 Refusing to Aid an Officer

Any person who shall neglect or refuse, when called upon by a police officer, to assist in the arrest of any person charged with or convicted of any offense or in securing such offender when apprehended, or in conveying such offender to the nearest place of confinement, shall be guilty of Refusing to Aid an Officer. Refusing to Aid an Officer is a Class B offense.

3-1-136 Resisting Arrest or Process

Any person who shall willfully and knowingly by force or violence resist or assist another person to resist a lawful arrest or the serving or execution of any legal process, shall be guilty of Resisting Arrest or Process. Resisting Arrest or Process is a Class B offense.

3-1-137 Tampering with Evidence

Any person who shall, without proper authority, willfully and knowingly alter, destroy, conceal or remove any record, document or thing belonging to or kept by the community for information or record, or which is being kept by appropriate authorities for evidentiary purposes in an official proceeding or investigation, shall be guilty of Tampering with Evidence. Tampering with Evidence is a Class B offense.

3-1-138 Tampering with Witness or Juror

Any person who shall, believing that an official proceeding or investigation is pending or about to be instituted, cause himself or another person to testify or inform falsely or to withhold, destroy or conceal any information, document or thing or its authenticity or availability, or to elude legal process summoning him to testify or supply evidence, or who shall attempt to influence by any means the vote or decision of a jury member shall be guilty of Tampering with Witness or Juror. Tampering with Witness or Juror is a Class B offense.

OFFENSES AGAINST PUBLIC MORALS, ORDER AND WELFARE

3-1-170 Cruelty to an Animal

Any person who shall willfully and knowingly torture or seriously overwork an animal, abandon, or fail to provide necessary food, care or shelter for an animal without legal privilege to do so, or cause one animal to fight with another, shall be guilty of Cruelty to an Animal. Cruelty to an Animal is a Class C offense.

3-1-171 Curfew Violation

Any person whose child shall violate any juvenile curfew established in this Code or by tribal resolution or Chapter shall be guilty of a Curfew Violation. A Curfew Violation is a Class C offense.

3-1-172 Desecration

Any person who shall willfully deface, damage, pollute or otherwise physically mistreat any public monument, building structure or place of worship or burial, or who for exhibition or display shall place or cause to be placed any mark, work, or design upon, or shall publicly mutilate, deface or defile, or use in connection with any advertisement of any nature, any official flag of the United States, the State of Washington, or the Colville Confederated Tribes, shall be guilty of Desecration. Desecration is a Class C offense.

3-1-173 Disorderly Conduct

Any person who shall engage in fighting in a public place, or who shall disturb or annoy any public or religious assembly, or who shall disturb other persons while in an intoxicated or disorderly condition, or who shall make unreasonable noise or offensively coarse utterances, gestures, shall be guilty of Disorderly Conduct. Disorderly Conduct is a Class C offense.

3-1-174 Drug Abuse

Any person, under the jurisdiction of this Law and Order Code, who violates any of the following subsections shall be guilty of committing the offense of drug abuse and upon conviction shall be sentenced according to the penalties herein described.

3-1-175 Definitions

As used in this section:

(a) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body.
(b) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I and II.
(c) “Delivery” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(d) “Distribute” means to deliver other than by administering or dispensing a controlled substance.
(e) “Drug” means (1) substances recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement of any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals; (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.
(f) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by:

(1) A practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or
(2) A practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(g) “Marijuana” means all parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(h) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(i) “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

(Adopted 4/17/86, Resolution 1986-170)

3-1-176 Schedule I

(a) The controlled substances listed in this section, by whatever official name, common or unusual name, chemical name, or brand name, are included in Schedule I.

(b) Opiates: Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and esters, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acethylmethadol;
(2) Allylprodine;
(3) Alphacethylmethadol;
(4) Alphameprodine;
(5) Alphamethadol;
(6) Benzathidine;
(7) Betacethylmethadol;
(8) Betameprodine;
(9) Betamethadol;
(10) Betaprodine;
(11) Clonitazene;
(12) Dextromoramide;
(13) Diampromide;
(14) Diethylthiabutene;
(15) Difenoxin;
(16) Dimenoxadol;
(17) Dimepheptanol;
(18) Dimethylthiambutene;
(19) Dioxaphetyl butyrate;
(20) Dipipanone;
(21) Ethylmethylthiambutene;
(22) Etonitazene;
(23) Etoxeridine;
(24) Furethidine;
(25) Hydroxypethidine;
(26) Ketobemidone;
(27) Levomoramide;
(28) Levophenacylmorphan;
(29) Morpheridine;
(30) Noracymethadol;
(31) Norlevorphanol;
(32) Normethadone;
(33) Norpipanone;
(34) Phenadoxone;
(35) Phenampromide;
(36) Phenomorphan;
(37) Phenoperidine;
(38) Piritramide;
(39) Propheptazine;
(40) Properidine;
(41) Propiram;
(42) Racemoramide;
(43) Trimeperidine.

(c) Opium derivative: Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation

(1) Acetorphine;
(2) Acetyldihydrocodeine
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cypernorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicormorphine;
(21) Normorphine;
(22) Phoclodine;
(23) Thebacon.

(d) Hallucinogenic substances: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of these salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation. (For purposes of paragraph (d) of this section, only the term “isomer” includes the optical, position, and geometric isomers):

(1) 3,4-methylenedioxy amphetamine;
(2) 5-methoxy-3,4-methylenedioxy amphetamine;
(3) 3,4,5- trimethoxy amphetamine;
(4) 4-bromo-2,5-dimethoxyamphetamine;
(5) 2,5-dimethoxyamphetamine;
(6) 4-methoxyamphetamine;
(7) 4-methyl-2,5-dimethoxyamphetamine;
(8) Bufotenine;
(9) Diethyltryptamine;
(10) Dimethyltryptamine;
(11) Ibogaine;
(12) Lysergic acid diethylamide;
(13) Marijuana;
(14) Mescaline;
(15) Peyote: meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds, or extracts; except the use, possession, transportation, cultivation and/or delivery of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion shall not be unlawful, so long as that use, possession, transportation, cultivation and/or delivery complies with Federal regulations as authorized in 42 U.S.C. 1996a.

(Amended 1/9/97, Resolution 1997-3)

(16) N-ethyl-3-piperidyl benzilate;
(17) N-methyl-3-piperidyl benzilate;
(18) Psilocybin;
(19) Psilocyn;
(20) Tetrahydrocannabinols: synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, specifically, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

(A) Delta 1-cis-or trans tetrahydrocannabinol, and their optical isomers;
(B) Delta 6-cis-or trans tetrahydrocannabinol, and their optical isomers;
(C) Delta 3.4-cis-or trans tetrahydrocannabinol, and its optical isomers; (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are all included).
(21) Ethylamine analog of phencyclidine;
(22) Pyrrolidine analog of phencyclidine;
(23) Thiopene analog of phencyclidine.

(e) Depressant: Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of mecloqualone having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

(Adopted 4/17/86, Resolution 1986-170)

3-1-177 Schedule II

(a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II.

(b) Substances- (Vegetable origin or chemical synthesis.) Unless specifically excepted, any of the following substances, except those listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following:

(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid extracts;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Ethylmorphine;
(I) Etorphine hydrochloride;
(J) Hydrocodone;
(K) Hydromorphone;
(L) Metopon;
(M) Morphine;
(N) Oxycodone;
(O) Oxymorphone; and
(P) Thebaine.
(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b) (1) of this section, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions which do not contain cocaine or ecgonine.
(5) Concentrate of poppy straw. (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.)

(c) Opiates: Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan excepted:

(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Dihydrocodeine;
(5) Diphenozylate;
(6) Fentanyl;
(7) Isomethadone;
(8) Levomethorphan;
(9) Levorphanol;
(10) Metazocine;
(11) Methadone;
(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(13) Moramide-intermediate, 2-methyl-3-moropholino-1, 1-diphenylpropanecarboxylic acid;
(14) Pethidine (meperidene);
(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(18) Phenazocine;
(19) Piminodine;
(20) Racemethorphan;
(21) Racemorphan.

(d) Stimulants: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its sales, optical isomers, and salts of its optical isomers;
(2) Methamphetamine, its salts, isomers, and salts of its isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate.

(e) Depressants: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;
(2) Methaqualone;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Phencyclidine immediate precursors;

(A) 1-phenylcyclophexylamine;
(B) 1-piperidinocyclohexanecarbonitrile (PPC);
(6) Secobarbital.

(Adopted 4/17/86, Resolution 1986-170)

3-1-178 Drug Paraphernalia: Definitions

(a) Drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing and concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as:

(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(B) Water pipes;
(C) Carburetion tubes and devices;
(D) Smoking and carburetion masks;
(E) Roach clips-meaning objects used to hold burning material, such as a marijuana cigarette, that has become to small or too short to be held in the hand;
(F) Miniature cocaine spoons, and cocaine vials;
(G) Chamber pipes;
(H) Carburetor pipes;
(I) Electric pipes;
(J) Air-driven pipes;
(K) Chillums;
(L) Bongs; and
(M) Ice pipes, or chillers.

(b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant facts, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state, federal or tribal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this Chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.

(Adopted 4/17/86, Resolution 1986-170)

3-1-179 Prohibited Acts (Manufacture, Cultivate, Deliver):Penalties

Except as authorized by this section, it is unlawful for any person to manufacture, cultivate, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsection is guilty of a Class A crime.

3-1-180 Prohibited Acts (Possession): Penalties

Except as authorized by this section, it is unlawful for any person to possess a controlled substance. Any person who violates this subsection with respect to:

(a) Possession-More than Forty Grams: possession of a controlled substance of more than forty grams is guilty of a Class A crime.
(b) Possession-Less than Forty Grams: possession of a controlled substance of less than forty grams is guilty of a Class A crime.

3-1-181 Prohibited Acts (Drug Paraphernalia): Penalties

Except as authorized by this section, it is unlawful for any person to possess any drug paraphernalia. Any person who violates this subsection is guilty of a Class A crime.

3-1-182 Defenses

Any person lawfully involved in the possession, distribution, manufacture or delivery of any controlled substance listed in Schedule I and II (sections 3-1-176 and 3-1-177) shall not be in violation of this section.

(Adopted 4/17/86, Resolution 1986-170)

3-1-183 Failure to Disperse

Any person who shall refuse to knowingly fail to obey an order given by a law enforcement officer or other public servant to leave the immediate vicinity in which he is performing a law enforcement function at the scene of a riot, fire, public disorder, accident, offense or other situation involving public alarm, shall be guilty of Failure to Disperse. Failure to Disperse is a Class C offense.

3-1-184 Failure to Have Sewer Connection

Any person who shall fail to have his home connected to the Colville sewer system, under the Colville Sewer Chapter, shall be guilty of Failure to Have a Sewer Connection. Failure to Have a Sewer Connection is a Class B offense.

3-1-185 Gambling

Any person who shall violate any ordinance, rule or regulation adopted by the Colville Business Council for the control or regulation of gambling on the Colville Reservation shall be guilty of Gambling. Gambling is a Class B offense.

3-1-186 Indecent Exposure

Any person who shall, for the purpose of arousing or gratifying sexual desire of himself or of any other human other than his spouse, exposes his sexual parts under circumstances in which he knows his conduct is likely to cause affront or alarm, shall be guilty of Indecent Exposure. Indecent Exposure is a Class C offense.

3-1-187 Intoxication

Any person who shall, under circumstances not amounting to disorderly conduct, be under the influence of an intoxicating beverage, drug or other controlled substance, or a substance dangerous to himself or another, in a public place, shall be guilty of Intoxication. Intoxication is a Class C offense.

3-1-188 Littering

Any person who shall dispose of any garbage or other litter anywhere within the Reservation except in public waste disposal grounds designated by the Council, or who, without lawful permission, shall store or allow to accumulate any wrecked, junked or unserviceable vehicles, appliances or implements anywhere on the Reservation shall be guilty of Littering. Littering is a Class C offense.

3-1-189 Obscenity

Any person who shall sell, delivery, or provide any obscene writing, picture, record or other representation that is obscene, or presents an obscene place, dance, performance or exhibition, shall be guilty of Obscenity. The definition of "obscene" shall be the same as that of the laws of the State of Washington. Obscenity is a Class B offense.

3-1-190 Possession of an Alcoholic Beverage by a Person Under 21

Any person who, being under the age of 21 years old, shall possess, purchase, consume, obtain, or sell any beer, wine, ale, whiskey or other alcoholic beverage or misrepresent his age for the purpose of buying or otherwise obtaining an alcoholic beverage shall be guilty of Possession of an Alcoholic Beverage by a Person Under 21. Possession of an Alcoholic Beverage by a Person Under 21 is a Class C offense.

3-1-191 Use or Possession of Alcoholic Beverages Prohibited—Community Centers

The use or possession of alcoholic beverages on the premises of the four district community centers is prohibited. Any person who shall use or possess alcoholic beverages on the premises of any of the District Community Centers shall be guilty of Use or Possession of Alcoholic Beverages and/or drugs at Community Center. Violation of this section is a Class C offense.

(Adopted 8/20/79, Resolution 1979-605)

3-1-192 Prostitution

Any person who shall loiter in or within view of a public place for the purpose of being hired to engage in, or who shall engage in, or offer or agree to engage in, any sexual activity with another person for a fee, or who shall pay or offer or agree to pay another person a fee for the purpose of engaging in an act of sexual activity, or who shall own, control, manage, supervise or keep a house of prostitution or a prostitution business, or who shall procure or attempt to procure a prostitute for another, or who shall encourage, induce or purposely cause another to become or remain a prostitute, shall be guilty of Prostitution. Prostitution is a Class B offense.

3-1-193 Rigging Games or Exhibitions

Any person who shall, with the purpose of preventing a publicly exhibited contest or game from being conducted in accordance with the rules and usage purporting to govern it, confer or offer or agree to confer, any benefit upon or solicit or accept from, any benefit upon, or threaten any injury to, a participant, official or other person associated with the contest or game or who shall tamper with any person, animal or thing, associated with the contest or game, shall be guilty of Rigging a Game or Exhibition. Rigging a Game or Exhibition is a Class B offense.

3-1-194 Public Nuisance

Any person who shall, without proper authority, do any act or fail to perform any duty, which act or omission unreasonably annoys, injures or endangers the comfort, repose, health, property or safety of any person, or which offends public decency, shall be guilty of Public Nuisance. Public Nuisance is a Class C offense.

3-1-195 Riot

Any person who shall simultaneously with two or more other person engage in violent conduct and thereby knowingly or recklessly create a substantial risk of causing public alarm, shall be guilty of Riot. Riot is a Class A offense.

3-1-196 Spreading Venereal Disease

Any person who shall, knowing or having reason to believe that he has a venereal disease, infect another person with venereal disease, shall be guilty of Spreading Venereal Disease. Spreading Venereal Disease is a Class C offense.

3-1-197 Sworn Falsification

Any person who shall with intent to mislead a public officer in the performance of an official function, make a false written statement which he does not believe to be true or submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity, shall be guilty of a Sworn Falsification. A Sworn Falsification is a Class C offense.

3-1-198 Unlawful Possession of Fireworks

Any person who shall perform any activity which would be violative of the fireworks laws of the Colville Confederated Tribes shall be guilty of Unlawful Possession of Fireworks. Unlawful Possession of Fireworks is a Class C offense.

(Amended 6/5/86, Resolution 1986-288)

3-1-199 Unlawful Discharge or Display of Fireworks

(a) A person commits unlawful discharge or display of fireworks if the person shall willfully discharge any fireworks without a permit issued by the Chief of Tribal Police on or within the following areas:

(1) Parks;
(2) Forest lands;
(3) Range lands;
(4) Celebration grounds;
(5) Recreational areas; or
(6) Any other lands not owned by the person discharging or displaying the fireworks.

(b) Unlawful discharge of displaying of fireworks is a Class C offense.

(Amended 5/16/02, Resolution 2002-313)
(Certified 7/19/02)
(Transcription error corrected 11/8/00)
(Adopted 6/6/83, Resolution 1983-410)

3-1-200 Carrying or Displaying a Weapon

Any person who shall (1) carry concealed on his person, or (2) carry, exhibit, display or draw any pistol, firearm, dagger, sword, knife, or other cutting or stabbing instrument, club, or any other weapon, apparently capable of producing bodily harm in a manner, under circumstance, and at any time in tribal or BIA buildings on the Reservation, that either manifests in intent to intimidate other or that warrants alarm for the safety of other persons shall be guilty of carrying or displaying a weapon. The provision of this section shall not apply to any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty or to any person engaged in military activities sponsored by federal or state governments. Carrying or Displaying a Weapon is a Class A offense.

(Adopted 5/22/80, Resolution 1980-382)

3-1-201 Reckless Burning

(a) A person is guilty of reckless burning if he or she recklessly:

(1) Damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion; or
(2) Causes a fire or explosion and thereby places forest lands in danger of destruction or damage; or
(3) Smokes during a closed season in a closed area, unless in a vehicle with an ashtray.

(b) Reckless burning is a Class C offense.

(Adopted 4/15/04, Resolution 2004-261)
(Certified 4/28/04)

OTHER OFFENSES

3-1-230 Violation of Tribal Ordinance

Any person who shall violate any Tribal Ordinance or any other Council enactment designed to preserve the peace, health, safety, welfare and morals of the Reservation, for which violation a punishment is not prescribed under any other provision of this Code or the Ordinance or enactment itself, shall be guilty of Violation of Tribal Ordinance. Violation of Tribal Ordinance is a Class B offense.

3-1-231 Violation of Federal or State Law

Any person who shall commit any act which would be violative of federal criminal law or Washington criminal law, unless authorized by Tribal law, shall be guilty of Violation of Federal or State law under this Section. Violation of Federal or State Law is a Class A offense.

3-1-232 Aiding or Abetting

Any person who shall counsel, encourage, solicit, request, aid, procure or abet another to commit an offense under this Chapter or under any ordinance or regulation of the Colville Business Council shall be guilty of aiding or abetting. Aiding or Abetting an offense is an offense of the same classification as the offense aided or abetted.

3-1-233 Attempt

Any person who shall, acting with the specific intent otherwise required for commission of any offense under this Code, engage in conduct constituting a substantial step toward commission of the offense, shall be guilty of Attempt to commit the offense. Attempt to commit an offense is an offense of the same classification as the offense attempted.

PENALTIES

3-1-260 Class A Offense

A person convicted of a Class A offense shall be sentenced to imprisonment for a period not to exceed 360 days, or a fine not to exceed $5000.00, or both imprisonment and a fine.

(Amended 2/13/87, Resolution 1987-81)

3-1-261 Class B Offense

A person convicted of a Class B offense shall be sentenced to imprisonment for a period not to exceed 180 days, or a fine not to exceed $2500.00, or both imprisonment and a fine.

(Amended 2/13/87, Resolution 1987-81)

3-1-262 Class C Offense

A person convicted of a Class C offense shall be sentenced to imprisonment for a period not to exceed 90 days, or a fine not to exceed $1000.00, or both imprisonment and a fine.

(Amended 2/13/87, Resolution 1987-81)

3-1-263 Probation

Except as otherwise provided in this Code, the court shall have the authority to suspend the imposition of sentence on a person who has been convicted of an offense and to place him on probation. The court may attach to the order of probation such reasonable conditions as it deems necessary. At any time before the end of the probationary period, if the court is satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the probation order, or if the defendant has been convicted of another crime, the court may revoke the probation and sentence or re-sentence the defendant as provided in this Code.

3-1-264 Disposition of Fines

All fines and fees collected by the court under the provisions of this Code shall be held in a special account of the Tribes to be used for maintenance of the Court and Law and Order Program.

3-1-265 Registration of Sex Offenders

(a) Any adult or juvenile residing on the Colville Reservation who has been convicted of any sex offense under this Chapter shall register with the Colville Tribal Police Department. For purposes of this Section a “sex offense” means:

(1) The offense of Sexual Assault, Rape, Incest, Indecent Exposure, Indecent Liberties, Child Sexual Abuse and Exploitation or any other act identified as a sex offense under this Chapter.
(2) Any conviction for an attempt, solicitation or conspiracy to commit an act identified in this subsection.
(3) Any conviction in a federal, state or other tribal court that under the laws of the Colville Tribes or the laws of the jurisdiction in which the conviction occurred would be a sex offense as defined in this subsection.

(b) A person shall provide the Tribal Police Department with the following information when registering under this section:

(1) Name;
(2) Address;
(3) Date and place of birth;
(4) Place of employment;
(5) Crime for which convicted;
(6) Date and place of conviction;
(7) Aliases used;
(8) Social security number, and
(9) Age and sex of victims.

Upon registration, the Tribal Police Department shall obtain a photograph and a copy of the fingerprints of the offender.

(1) Within twenty-four (24) hours of release, if the offender is in custody as a result of the offense in any state, federal or tribal facility. The agency that has jurisdiction over the offender shall provide notice to the sex offender of the duty to register;
(2) Immediately upon completion of being sentenced, if the offender is not sentenced to serve a term of confinement;
(3) Within twenty-four (24) hours of establishing or re-establishing residence on the Colville Reservation.
(4) Immediately if they are currently residing on the Colville Reservation and are not covered by (c), (1), (2) or (3).

(d) If any person required to register under this section changes their residence address following such registration, the offender must present in person a notice of the change of address and their new address to the Tribal Police Department within ten (10) days prior to establishing the new residence.

(e) Failure to register as provided under this section constitutes a per se violation of this section and is punishable as a Class A offense for those subject to the Colville Tribes criminal jurisdiction, all others will be subject to Exclusion.

(f) The Chief of Police or his designee is authorized to publish or distribute the registration information given under section 3-1-265(b). The registration information shall be available to the public at the Tribal Police Department, the Tribal Administration Building, Tribal Community Centers and all schools on or near the Colville Reservation. The Chief of Police shall be authorized to share the registration information with any law enforcement agency.

3-1-266 Sexual Offender—Residence/Activities

Any sexual offender who is required to register under section 3-1-265 of this chapter shall be guilty of a Class A offense if they:

(a) Reside or maintain an address for residential purposes at any location which is within one mile of a playground, school, Tribal Community Center or other location which is established or designated specifically for the use by and/or enjoyment of children and such location is commonly used by children;
(b) Offenders may not enter onto, or walk by, or park a vehicle within sight of a school or playground while children are present.
(c) Offenders may not attend events where children are present.
(d) Offenders may not reside in a residence where children are present.

(Amended 6/3/99, Resolution 1999-309)
(Certified 10/17/2000)
(Adopted 7/25/96, Resolution 1996-314)

(e) Notwithstanding any other provision of law, offenders under 21 years of age, who have not graduated from high school, may attend school functions located on the Colville Indian Reservation, upon written reasonable conditions as agreed upon by the Colville Tribal Police Services, the School District involved, and parent, guardian or custodian of said offender.

(Amended 11/3/97, Resolution 1997-683)
(Certified 3/21/01)

3-1-267 Crimes Involving Domestic Violence

Sentences for crimes involving domestic violence shall be enhanced in accordance with Chapter 5-5, Domestic and Family Violence.

(Approved 6/3/04, Resolution 2004-385)

PROPERTY SEIZED AS EVIDENCE

3-1-290 Property Seized as Evidence

When any officer in the execution of a valid search shall seize any evidence material to the investigation or prosecution of any offense, the evidence shall be safely kept so long as necessary for the purpose of being produced in evidence at any trial. After the trial, the evidence shall be restored to its owner if it is lawful for the owner to possess it. Otherwise, the property shall be disposed of pursuant to the forfeiture provisions of this Code.

GAMING OFFENSES

3-1-300 Definitions

(a) "Cheat" means to alter the selection of criteria, which determine:

(1) The results of a game; or
(2) The amount or frequency of payment in a game.

(b) "Authorities" means the agent of the Commission, Tribal Police, Federal Law Enforcement Officers, and employees and agents of the Gaming Facility Operator.

(c) "Person" means a member of the Tribes or any non-member Indian within the Reservation or Tribal lands, or any non-Indian acting within the jurisdiction of the Colville Tribes.

3-1-310 Fraudulent Acts

It is unlawful for any person:

(a) To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players;
(b) To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome;
(c) To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won;
(d) Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this section, with the intent that the other person play or participate in that gambling game;
(e) To place or increase a bet after acquiring knowledge of the outcome of the game or other event, which is the subject of the bet, including past-posting and pressing bets;
(f) To reduce the amount wagered or cancels the bet after acquiring knowledge of the outcome of the game or other event, which is the subject of the bet, including pinching bets;
(g) To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

3-1-320 Use of Device for Calculating Probabilities

It is unlawful for any person at the Gaming Facility to use, or possess with the intent to use, any device to assist:

(a) In projecting the outcome of the game;
(b) In keeping track of the cards played;
(c) In analyzing the probability of the occurrence of an event relating to the game; or
(d) In analyzing the strategy for playing or betting to be used in the game.

3-1-330 Use of Counterfeit or Unapproved Chips or Tokens or Unlawful Coins or Devices; Possession of certain Devices, Equipment, Products or Materials

(a) It is unlawful for any licensed person, enterprise, employee or other person to use counterfeit chips in a gambling game.

(b) It is unlawful for any person, in playing or using any gambling game designed to be played with, receive or be operated by chips or tokens approved by the Commission or by lawful coin of the United States of America knowingly to use other than chips or tokens approved by the Commission or lawful coin, legal tender of the United States of America or to use coin not of the same denomination as the coin intended to be used in that gambling game.

(c) It is unlawful for any person, not a duly authorized employee of the Gaming Facility Operator acting in furtherance of his employment within the Gaming Facility, to have on his person or in his possession on or off the premises of the Gaming Facility any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, drop box or any electronic or mechanical device connected thereto, for removing money or other contents therefrom.

(d) It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, "paraphernalia" for manufacturing "slugs" means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips or tokens approved by the Commission or a lawful coin of the United States, the use of which is unlawful pursuant to this Chapter. The term includes, but is not limited to:

(1) Lead or lead alloys;
(2) Molds, forms, or similar equipment capable of producing a likeness of a gaming token or United States coin;
(3) Melting pots or other receptacles;
(4) Torches; and
(5) Tongs, trimming tools or other similar equipment.

(e) Possession of more than one of the devices, equipment, products, or materials described in this section creates a rebuttable presumption that the possessor intended to use them for cheating.

3-1-340 Cheating

It is unlawful for any person, whether he is a principal or employee of the Gaming Facility Operator, or a player in the Gaming Facility, to cheat at any gambling game.

3-1-350 Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming; Unlawful instruction

(a) It is unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of the Colville Tribal Code or this section.

(b) It is unlawful to mark, alter, or otherwise modify any gaming equipment or gaming device, as defined in the Colville Tribal Code in a manner that:

(1) Affects the result of a wager by determining win or loss; or
(2) Alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game.

(c) It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of the Colville Tribal Code.

3-1-360 Penalties

(a) Any Indian person who violates any provision of this Chapter shall be guilty of a criminal offense punishable by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.

(b) Any person who violates any provision of this Chapter or any rule or regulation authorized hereunder, shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00), plus court costs, for each violation.

(c) The Tribal Courts shall have jurisdiction over all violations of this Chapter and may, in addition to the penalties prescribed in this Chapter, grant such other relief as is necessary and proper for the enforcement of this Chapter, including but not limited to injunctive relief against acts in violation hereof, subject to arbitration procedures, if any, applicable to any management contract. Nothing, however, in this Chapter shall be construed to authorize or require the criminal trial and punishment of non-Indians except to the extent allowed by any applicable present or future Act of Congress or any applicable Federal Court decision.

3-1-370 Detention and questioning of a person suspected of violating Chapter; Limitations on liability; Posting of notice

The Authorities may question any person in the Gaming Facility suspected of violating any applicable State, Federal o