Nez Perce Tribal Code

GENERAL PROVISIONS

Introductory Provisions

§ 4-1-1 Definitions (revised 6/22/99)

(a) "Adult household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

(b) "Adulterated" means varying from the standard of composition or quality prescribed by any applicable law or commercial usage.

(c) "Affirmative defense" means a new matter in the prosecution of an offense which assuming the complaint to be true constitutes a defense to it.

(d) "Agent" means any director, officer, servant, employee or other person authorized to act in behalf of a corporation or association and, in the case of an unincorporated association, a member of such association.

(e) " To appropriate" when used as a verb means:

(1) to exercise control over property, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit; or

(2) to dispose of the property for the benefit of oneself or a third person.

(f) "Corporation" means any entity incorporated under state or tribal law but does not include an entity organized as or by a governmental agency for the execution of a governmental program.

(g) "Corruptly" imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of a forbidden act or omission, or to another.

(h) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protect activity is not included, within the meaning of this definition.

(i) "Dangerous device" means any device capable of causing serious bodily injury to human beings.

(j) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. On the issue of whether an object not commonly known as a dangerous weapon is such a weapon, the character of the object the character of the wound produced, if any, and the manner in which the object was used shall be determinative.

(k) "Domestic household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common or are expecting a child together, regardless of whether they have been married or have lived together at any time. For the purpose of this Title, "reside" shall mean ones personal presence at some place of abode with no present intention of leaving and with purpose to remain for an undetermined period of time, but not necessarily combined with the design to stay permanently.

(l) "Domestic violence" means the occurrence of one or more of the following:

(1) An unlawful attempt, coupled with apparent ability, to commit a violent injury on another domestic household member;

(2) An intentional, unlawful threat by word or act to do violence to another domestic household member, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other domestic household member that such violence in imminent;

(3) Willful and unlawful use of force or violence upon the person of another domestic household member;

(4) Actual, intentional and unlawful touching or striking of another domestic household member against their will;

(5) Unlawfully and intentionally causing bodily harm to another domestic household member; or

(6) Causing an domestic household member to engage involuntarily in sexual activity by force, threat of force, or duress.

(m) "Drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this code.

(l) "Element of the offense" means:

(1) the conduct, attenuated circumstances or result of conduct included in the description of the forbidden act in the definition of the offense; and

(2) the establishment of the required mental state or culpability described in the offense, if any; but

(3) an "element of the offense" shall not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with the harm or evil, incident to the prohibited conduct, or the existence of justification or excuse for such conduct.

(n) "Embezzlement" means to willfully take or convert to one's own use, another's money or property in which the wrongdoer lawfully acquired possession by reason of some office, employment or position of trust.

(o) "Enter" means an intrusion by any part of the body, or intrusion by any physical object under control of the actor.

(p) "Fiduciary" means a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization.

(q) "Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress.

(r) "High managerial agent" means an officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or association.

(t) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.

(u) "Knowingly" means the knowledge that the facts exist which bring an act or omission within the provisions of this chapter. A knowing mental state does not require any knowledge of the unlawfulness of such act or omission.

(v) "Malice aforethought" means an intent at the time of a killing, to willfully take the life of a human being, or an intent to willfully act in callous and wanton disregard of the consequences to human life.

(w) "Maliciously" or "malice" means a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

(x) "Minor or child" means a person who is less than eighteen (18) years old and has not been emancipated by order of a court of competent jurisdiction.

(y) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by any applicable law or commercial usage.

(z) "Negligently", "neglect", "negligence," or "negligent" means a want of such attention to the nature of probable consequences of an act or omission as a prudent person ordinarily bestows in acting in his own concerns.

(aa) "Obtain" means:

(1) in relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and

(2) in relation to labor or services, to secure the performance thereof.

(bb) "Owner" means any person who has a right to possession of property superior to that of the taker, obtainer or withholder.

(cc) "Possession" means an act in which the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

(dd) "Public assistance" shall have the definition and meaning provided in Title 10, Section 56-201 of the Idaho State Public Assistance and Welfare Code existing as of the date of adoption of this chapter by NPTEC or hereafter amended.

(ee) "Public monies" means all bonds and evidences of indebtedness, and all monies belonging to the Tribe, and all monies, bonds and evidences of indebtedness received or held by Tribal officials in their official capacity.

(ff) "Self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know.

(gg) "Sexual contact" means any intentional touching of the genitals, anus, groin, breast, inner thigh or buttocks with intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desires of any person.

(hh) "Social game" means a game, other than a lottery, between players in a private home or private business where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

(ii) "Strict liability" means an element of an offense that exists only when the definition of the offense does not include or involve a culpable mental state.

(jj) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make, communicate or implement decisions regarding his person.

(kk) "Willfully" implies a purpose or willingness to commit a forbidden act or make a forbidden omission. A willful mental state does not require any intent to violate law, or to injure another or to acquire any advantage.

(ll) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks and other symbols of value, right, privilege, or identification.

§ 4-1-2 Scope

This chapter shall apply to all criminal provisions of this code.

§ 4-1-3 Purpose and Construction

The purpose of the criminal provisions of this code are to:

(a) forbid and prevent the commission of offenses and give fair warning of conduct which is declared to be an offense;

(b) define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation;

(c) prescribe penalties which are proportionate to the seriousness of the offense; and

(d) prevent arbitrary and oppressive treatment of persons accused or convicted of offenses and to promote the correction and rehabilitation of such persons.

§ 4-1-4 Civil Remedies Preserved

This code shall not affect any civil remedy available under the Nez Perce Tribal Code which may arise from any act or omission which is punishable under this chapter. The fact that conduct is found to be an affirmative defense under this chapter does not abolish or impair any remedy for such conduct available in any civil action.

Multiple Prosecutions and Double Jeopardy

§ 4-1-5 Prosecution for Multiple Offenses

(a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:

(1) one offense is included in the other;

(2) one offense consists only of a conspiracy or other form of preparation to commit the other;

(3) inconsistent findings of fact are required to establish the commission of the offenses;

(4) the offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or

(5) the offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless this code provides that specific periods of such conduct constitute separate offenses.

(b) Except as provided by Subsection (c) of this section, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode.

(c) Upon application of either party and when the defendant is charged with two or more offenses based on the same conduct or arising from the same criminal episode, the Court may order any such charge to be tried separately if it is satisfied that justice so requires.

(d) A defendant may be convicted of an offense included in an offense charged in the complaint. An included offense may be:

(1) established by proof of the same or less than all the facts required to establish the commission of the offense charged;

(2) an attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or

(3) different from the offense charge only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

(e) The Court shall charge the jury with respect to an included offense if there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.

§ 4-1-6 Double Jeopardy

If a defendant has been prosecuted in the Nez Perce Tribal Court for one or more offenses arising out of the same conduct as the original prosecution, a subsequent prosecution in the Nez Perce Tribal Court for the same or a different offense arising out of the same conduct is barred. The initial prosecution shall have been established in any proceeding in which the jury has been impanelled and sworn in, or, if the matter was to be tried without a jury, once the first witness is sworn.

Burden of Proof

§ 4-1-7 Burden and Presumption of Innocence

No person may be convicted of an offense unless each element of such offense is proven beyond a reasonable doubt. In the absence of such proof the defendant shall be acquitted.

§ 4-1-8 Negating Defenses

The prosecution need not negate any defense either in the complaint or by proof unless the defense is in issue as a result of evidence presented at trial by either party, or unless the defense is an affirmative defense and the defendant has presented evidence of it.

GENERAL PRINCIPLES OF LIABILITY

§ 4-1-9 Acts and Omissions to Act

(a) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(b) The following are not voluntary acts with the meaning of this section:

(1) a reflex or convulsion;

(2) a bodily movement during unconsciousness or sleep;

(3) conduct during hypnosis or resulting from hypnotic suggestion;

(4) a bodily movement that otherwise is not a product of the effort or determination of the actor.

(c) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1) the omission is expressly made sufficient by the definition of the offense; or

(2) a duty to perform the omitted act is otherwise required by this code.

§ 4-1-10 Culpability

A person is not guilty of an offense unless he acted with the requisite mental state with respect to each material element of the offense or unless his act constitutes an offense involving strict liability.

§ 4-1-11 Causal Relationships Between Conduct and Result

(a) Conduct is the cause of a result when:

(1) the result in question would not have occurred but for the conduct; and

(2) the relationship between the conduct and result satisfies any additional causal requirements imposed by the code or the definition of the offense.

(b) When a particular mental state is an element of an offense the element is not established if the actual result is not within the purpose or contemplation of the actor or within the risk of which the actor is aware or should be aware unless:

(1) the actual result differs from that intended, contemplated or the probable result only in the respect that a different person or different property is injured or affected;

(2) the injury or harm intended or contemplated or probable would have been more serious or extensive than that caused; or

(3) the actual result involves the same kind of injury or harm as that designed, contemplated or probable and is not too remote or accidental in its occurrence to have a just bearing on the actor's liability or the gravity of his offense.

§ 4-1-12 Ignorance or Mistake

(a) Ignorance or mistake as to a matter of fact or law is a defense if:

(1) it negates the mental state for the offense; or

(2) this code provides that the state of mind established by such ignorance or mistake constitutes a defense.

(b) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed.

§ 4-1-13 Accomplices

(a) A person is an accomplice of another person in the commission of an offense if:

(1) with the purpose of promoting or facilitating the commission of the offense he:

(A) solicits such other person to commit it;

(B) aids or agrees or attempts to aid such other person in planning or committing it;

(C) having a legal duty to prevent the commission of the offense, fails to make proper effort to do so; or

(2) his conduct is expressly declared by the code or the definition of the crime to establish his complicity.

(b) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability necessary for the commission of the offense.

(c) A person who is legally incapable of committing a particular offense may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable.

(d) A person is not an accomplice in an offense committed by another person if:

(1) he is a victim of that offense; or

(2) he terminates his complicity prior to the commission of the offense; and

(A) wholly deprives it of effectiveness; and

(B) gives timely warning to the Tribal Police or otherwise makes proper effort to prevent the commission of the offense.

(e) An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted, has been convicted of a different offense or degree of offense, has an immunity to prosecution or conviction or has been acquitted.

§ 4-1-14 Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf

(a) A corporation or unincorporated association may be convicted of the commission of an offense if:

(1) the offense is a violation or the offense is defined by law in which a legislative purpose to impose liability on such entity plainly appears and the conduct is performed by an agent of the corporation or association acting in behalf of the entity within the scope of his office or employment, unless the law defining the offense specifically designates the agents for whose conduct the entity is accountable or the circumstances under which it is accountable;

(2) the offense consists of an omission to discharge a specific duty to act imposed on such entities by the code or other law; or

(3) the commission of the offense was authorized, requested, commanded, performed or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the entity within the scope of his office or employment.

(b) When absolute liability is imposed for the commission of an offense, a legislative purpose to impose liability on a corporation or association shall be assumed.

(c) In any prosecution of a corporation or an unincorporated association for the commission of an offense under Subsection (a) of this section, other than an offense for which absolute liability has been imposed, it shall be a defense if the defendant proves by a preponderance of evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. This paragraph shall not apply if it is plainly inconsistent with the legislative purpose in defining the particular offense.

(d) A person is legally accountable for any conduct he performs or causes to be performed in the name of the corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his own name or behalf.

(e) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon him.

(f) When a person is convicted of an offense by reason of his legal accountability for the conduct of a corporation or an unincorporated association, he is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and the degree involved.

§ 4-1-15 Intoxication

(a) Except for intoxication which is not self induced, intoxication of the actor is not a defense unless it negates any particular purpose, motive or intent which is a necessary element of the crime.

(b) Intoxication does not, in itself, constitute mental disease within the meaning of this code.

§ 4-1-16 Duress

(a) It is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced by the use of, or a threat to use, unlawful force against his person or the person of another, which a reasonable person in his situation would have been unable to resist.

(b) The defense provided by this section is unavailable if:

(1) the actor knowingly, willfully or negligently placed himself in a situation in which it was probable that he would be subjected to duress;

(2) the coerced conduct threatens to cause death or serious bodily harm to some person other than the actor.

§ 4-1-17 Consent

(a) The consent of the victim to conduct constituting an offense or to the result thereof is a defense if it precludes an element of the offense or the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b) When conduct constitutes an offense because it causes or threatens bodily harm, consent to such conduct is a defense only if:

(1) the bodily harm consented to or threatened is not serious;

(2) the conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

(3) the consent establishes a justification for the conduct.

(c) Assent does not constitute consent if:

(1) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;

(2) it is given by a person who by reason of youth, mental disease, defect or intoxication is manifestly or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

(3) it is given by a person whose consent is sought to be prevented by the law defining the offense; or

(4) it is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.

§ 4-1-18 Entrapment

(a) It shall be a defense if a Tribal Police Officer or a person acting in cooperation with such an official for the purpose of obtaining evidence of the commission of an offense, induces or encourages the defendant to engage in conduct constituting such offense by either:

(1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or

(2) employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

(b) The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

(c) The defendant shall have the burden of proving by a preponderance of evidence the defense of entrapment under this section.

§ 4-1-19 Mental Disease or Defect Excluding Responsibility

(a) It shall be an affirmative defense to prosecution of an offense if the defendant at the time of the criminal conduct and as a result of mental disease or defect lacks substantial capacity either to appreciate the criminal nature of his conduct or to conform his conduct to the requirements of law. A mental disease or defect does not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct, nor shall it preclude a finding that the defendant is guilty but insane if the possibility of intent is not completely eliminated by the mental disease or defect.

(b) Evidence of mental disease or defect is not admissible unless the defendant, at the time of entering his plea of not guilty or within ten (10) business days thereafter or at such later time as the Court may for good cause permit, files a written notice of his intent to rely on such defense.

§ 4-1-20 Medical Examination and Institutionalization

(a) Whenever there is reason to doubt the defendant's mental competency to stand trial the Court shall designate a licensed psychiatrist to conduct a competency determination. Upon completion of the evaluation a report shall be submitted to the Court and shall include the following:

(1) a description of the nature of the evaluation;

(2) a diagnosis or evaluation of the mental condition of the defendant; and

(3) an opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense.

(b) In the event that the Court determines that following trial the defendant's condition requires commitment to a mental institution or in the event the Court determines that the defendant lacks fitness to proceed, the Court shall direct that the defendant be committed to an appropriate facility for care and treatment.

JUSTIFICATION AND DEFENSES

§ 4-1-21 Justification Generally; Civil Remedies Unaffected

Justification is an affirmative defense to the prosecution of any offense based on such conduct and may be claimed:

(a) when the harm or evil sought to be avoided is greater than that sought to be prevented by the law defining the offense charged, no tribal law exists which excludes the justification claimed, and the actor does not knowingly, willfully or negligently bring about the situation requiring his conduct; or

(b) if the conduct is required or authorized by law.

§ 4-1-22 Force in Self-Protection or Protection of Others

(a) The use of reasonable force upon or toward another person is justifiable when the actor believes it is immediately necessary for the purpose of protecting himself or a third person against the use of unlawful force. The force used must be reasonably necessary to protect the actor or a third person.

(b) The use of force is not justifiable under this section:

(1) to resist or assist another in resisting arrest which the actor knows is being made by a peace officer, although the arrest is unlawful;

(2) if the actor uses deadly force unless the actor believes that such force is necessary to protect himself or a third person against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat;

(3) if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself or a third person in the same encounter; or

(4) if the actor was the aggressor or was engaged in combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and the other notwithstanding continues or threatens to continue the use of unlawful force.

§ 4-1-23 Force for the Protection of Property

(a) The use of reasonable force upon or toward another is justifiable when the actor believes that such force is immediately necessary to prevent unlawful entry into or interference with real or personal property which is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts.

(b) The use of deadly force is not justifiable under this section unless the actor reasonably believes that the person against whom the force is used attacks, enters or is attempting to enter the actor's place of habitation and manifestly:

(1) intends to commit an offense or other offense involving threat of serious bodily injury therein and the force is necessary to prevent the offense or such injury; or

(2) intends and attempts in a violent, riotous or tumultuous manner, to attack or enter the dwelling for the purpose of damaging or threatening to damage the dwelling or to any person and the force is necessary to prevent such assault or injury.

(c) The justification afforded by this section extends to the use of a device for the purpose of protecting property from entry or trespass only if:

(1) the device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;

(2) the use of the device is reasonable under the circumstances, as the actor believes them to be; and

(3) the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.

§ 4-1-24 Force in Law Enforcement

(a) The use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest or preventing an escape and the actor believes that such force is immediately necessary to effect a lawful arrest, prevent an escape or defend himself or another from bodily harm while making an arrest or preventing an escape.

(b) The use of deadly force is justifiable if:

(1) the person effecting the arrest is authorized to act as a police officer or is assisting a person whom he believes to be authorized to act as a police officer;

(2) the actor believes that the force employed creates no substantial risk of injury to innocent persons; and

(3) the actor believes that there is a substantial risk that the person under arrest or to be arrested will cause death or serious bodily harm if his apprehension is delayed; or

(4) the actor believes such force is necessary to protect himself or another from death or serious bodily injury.

§ 4-1-25 Force by Persons with Special Responsibility or Care, Discipline or Safety of Others

The use of force upon or toward the person of another is justifiable if:

(a) the force is used for the purpose of safeguarding or promoting the welfare of a minor, including the prevention or punishment of his misconduct; and

(b) the force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain, or mental distress.

SENTENCES AND PUNISHMENTS

(section amended 1/25/00)

§ 4-1-26 General Principles

In imposing a sentence for a violation of this chapter, the Court in each case shall consider the protection of the public, the gravity of the offense, the impact of the crime on the victim, and the results of any pre-sentencing reports.

§ 4-1-27 Sentences and Combinations of Sentences; Civil Penalties

(a) A court may sentence a person adjudged guilty of an offense to any one of the following sentences or a combination of such sentences:

(1) to pay a fine not to exceed $5,000;

(2) imprisonment not to exceed 1 year;

(3) to probation and/or suspension of sentence on such terms and conditions as the Court may direct, including payment of probation program costs;

(4) to pay court costs;

(5) to pay restitution or perform any other act for the benefit of any person or party injured personally or in his property by the person adjudged guilty provided such injuries are fairly attributable to the act or failure to act constituting the offense for which guilt was adjudged;

(6) to treatment, counseling and/or rehabilitation;

(7) to perform community service or other work for the benefit of the Tribe, through the Tribal Community Services Program, and pay program costs.

(b) This section shall not deprive a court of authority to cite for contempt, cancel or suspend a license, forfeit property, or do any other act or make any other order authorized by law.

§ 4-1-28 Payment of Fines and Other Monies.

Fines shall be paid in cash or certified check. The Court may allow that any fines or other required payments be paid in installments and on conditions tailored to the means of the defendant.

§ 4-1-29 Decision to Impose a Fine

In determining whether to impose a fine and its amount, the Court should consider:

(a) the nature of the offense committed and the impact of the offense on the victim and the community;

(b) the financial resources of the defendant.

§ 4-1-30 Community Service

The Court may require any person who has been convicted of an offense under this code to engage in community service for the benefit of the Tribe for any period it determines to be appropriate. Defendants receiving community service hours will be referred to the Tribal Community Services Program (CSP) by the Tribal Court and/or Probation Officers within five (5) days after being sentenced, and will follow all guidelines of the CSP. Status reports on the defendants will be given to the Court and/or Probation Officers by the CSP.

§ 4-1-31 Sentencing Proceedings

(a) Sentence shall be imposed without unnecessary delay unless the Court postpones the imposition of sentence in order to conduct a pre-sentencing determination or for a reasonable time to resolve factors important to the sentencing determination which cannot be immediately resolved.

(b) During sentencing and in relation to the appropriate sentence, the Court shall allow the counsel for either party to comment upon any matter including information in mitigation and may allow counsel to call witnesses. The defendant and any victim of the crime committed will be allowed to make a statement before sentence is imposed if he so desires.

(c) After imposing sentence in a case which has gone to trial on a plea of not guilty, the Court shall advise the defendant of the defendant's right to appeal. If the sentence is imposed after a plea of guilty, the Court shall advise the defendant of the right to appeal the sentence.

§ 4-1-32 Probation

The Court may suspend the defendant's sentence and allow probation upon the terms and conditions determined by the Court. No suspension of a restitution order will be allowed.

§ 4-1-33 Violation of Terms of Probation

(a) Upon a report of a violation of probation from the Prosecutor or a tribal police officer, the Court may summon the defendant to appear before it or issue a warrant for his arrest. Upon a finding of a probation violation the Court may revoke the probation and shall impose the original sentence or another sentence which the Court deems appropriate.

(b) The Court shall not revoke suspensions or probation except after a hearing. The defendant shall have the right to hear and contest the evidence against him, to offer evidence in his defense and to be represented by counsel of his choice at his own expense.

(c) Whenever a defendant is taken into custody for a violation of probation conditions other than the alleged commission of an offense he shall be entitled to have his sentence considered by the Court within three (3) business days of his confinement, unless he requests further time to prepare his defense.

INCHOATE OFFENSES

§ 4-1-34 Attempt

(a) It shall be unlawful for any person acting with the kind of culpability otherwise required for commission of the crime to:

(1) willfully engage in conduct which would constitute the crime if the attendant circumstances were as he believes them to be;

(2) do or omit to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part when causing a particular result is an element of the crime; or

(3) willfully do or omit to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course or conduct planned to culminate in his commission of the crime.

(b) Conduct shall not be held to constitute a substantial step under this section unless it is strongly corroborative of the actor's criminal purpose.

(c) No defense to the offense of attempt shall arise:

(1) because the offense attempted was actually committed;

(2) due to factual or legal impossibility of consummating the intended offense if the offense could have been committed had the facts been as the actor believed them to be; or

(3) that in attempting unsuccessfully to commit a crime, the person accused actually accomplished the commission of another and different crime.

§ 4-1-35 Criminal Conspiracy

If two (2) or more persons agree to engage in or cause conduct intending that a crime be committed, and one or more of such persons does any act to effect the object of the conduct each shall be punishable upon conviction as if the crime had been committed.

§ 4-1-36 Solicitation

(a) It shall be unlawful for any person to promote or facilitate the commission of an offense by enticing, advising, inciting, commanding, encouraging or requesting another person to engage in specific conduct which would constitute an offense.

(b) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime proposed due to:

(1) legal incapacity or other exemption;

(2) unawareness of the criminal nature of the conduct solicited or the defendant's criminal purpose;

(3) other factors precluding the mental state required for the commission of the crime in question.

OFFENSES AGAINST THE PERSON

Assault and Related Offenses

§ 4-1-37 Simple Assault

It shall be unlawful for any person:

(a) with apparent ability, to attempt unlawful contact with another; or

(b) to intentionally threaten unlawful contact upon another, coupled with an apparent ability to do so, and does some act which creates a well-founded fear in such other person that such contact is imminent.

§ 4-1-38 Battery

It shall be unlawful for any person to:

(a) willfully and unlawfully use force or violence to another;

(b) actually, intentionally and unlawfully touch or strike another person against their will; or

(c) unlawfully and intentionally causes bodily harm to an individual.

§ 4-1-39 Aggravated Assault

The act of assault is aggravated if while committing assault a person uses:

(a) a deadly weapon or instrument without intent to kill;

(b) any means or force likely to produce great bodily harm; or

(c) any corrosive acid or a caustic chemical of any kind.

§ 4-1-40 Aggravated Battery

The act of battery is aggravated if while committing battery a person:

(a) causes great bodily harm, permanent disability or permanent disfigurement to any person;

(b) uses a deadly weapon or instrument;

(c) uses any corrosive acid, or a caustic chemical of any nature; or

(d) uses any poison or other noxious or destructive substance or liquid.

§ 4-1-41 Stalking

It shall be unlawful for any person to willfully, maliciously and repeatedly follow or harass another person or member of that person’s immediate family.

§ 4-1-42 Aggravated Stalking

It shall be unlawful for any person to violate the provisions of § 4-1-41 when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in § 4-1-41 against the same party.

Murder and Related Offenses

§ 4-1-43 Murder

It shall be unlawful for any person to kill a human being with malice aforethought.

§ 4-1-44 Manslaughter

It shall be unlawful for any person to kill a human being:

(a) voluntarily - upon a sudden quarrel or heat of passion; or

(b) involuntarily -

(1) in the perpetration of or attempt to perpetrate any unlawful act;

(2) in the commission of a lawful act which might produce death, in an unlawful manner;

(3) without due caution or care; or

(4) in the operation of any firearm or dangerous weapon in a reckless, careless or negligent manner which produces death.

KIDNAPPING AND RELATED OFFENSES

§ 4-1-45 Kidnapping

It shall be unlawful for any person to unlawfully seize, confine, entice, deceive, abduct, or carry away any person for the purpose of holding such person for ransom, reward or otherwise.

§ 4-1-46 False Imprisonment

It shall be unlawful for any person to willfully and unlawfully restrain another so that he substantially interferes with their personal liberty.

§ 4-1-47 Child Custodial Interference

(a) It shall be unlawful for any person to intentionally and without lawful authority take or entice away, keep or withhold any minor child from a parent or another having custody, joint custody, visitation or other parental rights, whether such rights arise from a temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of such order.

(b) It shall be an affirmative defense to a violation of the provisions of this section that:

(1) the action is taken to protect the child from imminent physical harm; or

(2) the action is taken by a parent fleeing from imminent physical harm to himself.

SEXUAL OFFENSES

§ 4-1-48 Rape

(a) It shall be unlawful for any person to engage in sexual intercourse with another:

(1) who is incapable, through mental defect or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;

(2) who is prevented from resistance by force or threats of immediate bodily harm, accompanied by an apparent ability to carry out such threats or by any intoxicating narcotic, or anesthetic substance administered by the accused;

(3) who is at the time, unconscious of the nature of the act and this is known to the accused; or

(4) against the will or consent of the other.

(b) Sexual intercourse occurs when any sexual penetration, however slight takes place.

§ 4-1-49 Forcible Sexual Penetration with a Foreign Object

It shall be unlawful for any person to intentionally cause the penetration, however slight, of the genitals or anal opening of another person, with any object, instrument or device, against the victim's will by use of force, violence, duress or threats of bodily harm, accompanied by an apparent power of execution.

§ 4-1-50 Unlawful Sexual Intercourse

It shall be unlawful for any person who is over the age of sixteen (16) to:

(a) solicit a minor under the age of sixteen (16) years to participate in a sexual act; or

(b) engage in sexual intercourse with a minor under the age of sixteen (16) years.

§ 4-1-51 Sexual Assault

It shall be unlawful for any person to have sexual contact with another or cause such other to have sexual contact with him, if:

(a) he knows that the contact is offensive to the other person;

(b) he knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct;

(c) he knows that the other person is unaware that a sexual act is being committed;

(d) he has substantially impaired the other person's power to appraise or control his or her conduct, by administering or employing without the other's knowledge drugs, intoxicants or other means; or

(e) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him.

§ 4-1-52 Sexual Molestation of Minor under Sixteen

It shall be unlawful for any person to engage in sexual contact with another who is under the age of sixteen (16); or involve such person in any act of bestiality, sado-masochistic abuse or exhibition with intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desires of any person.

§ 4-1-53 Indecent Exposure

It shall be unlawful for any person to exposes his genitals for the purpose of arousing or gratifying his own sexual desire or of any person under circumstances in which he knows his conduct is likely to cause affront or alarm.

OFFENSES AGAINST PROPERTY

Property Destruction

§ 4-1-54 Arson

It shall be unlawful for any person to willfully and maliciously set fire to, burn or cause to be burned any building or structure.

§ 4-1-55 Aggravated Arson

The act of arson is aggravated if while committing arson:

(a) any person knows or reasonably should know that one or more persons are present inside of the structure involved or any structure adjacent to the structure involved; or

(b) any person suffers death, great bodily harm, permanent disability or disfigurement as a result of the fire.

§ 4-1-56 Causing a Catastrophe

It shall be unlawful for any person to knowingly or willfully by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means cause wide spread injury or damage.

§ 4-1-57 Malicious Injury to Property

It shall be unlawful for any person to:

(a) maliciously injure or destroy any real or personal property not his own; or

(b) intentionally and unlawfully tamper with the property of another and thereby:

(1) endanger human life; or

(2) cause or threaten a substantial interruption or impairment of any public utility service.

§ 4-1-58 Aggravated Vandalism

It shall be unlawful for any person to willfully and maliciously:

(a) cause or threaten a substantial interruption or impairment of any public utility service, including but not limited to transportation, water supply, gas, or power; or

(b) cause a substantial interruption or impairment in mass communications service, police, fire, other public service communications or in amateur or citizens band radio communications being used for public service or emergency communications.

BURGLARY AND RELATED OFFENSES

§ 4-1-59 Burglary

It shall be unlawful for any person to enter a building or occupied structure with intent to commit an offense therein.

§ 4-1-60 Burglary of a Vehicle

It shall be unlawful for any person to enter any vehicle with intent to commit an offense therein.

§ 4-1-61 Trespass

It shall be unlawful for any person to unlawfully:

(a) refuse to depart from the real property of another, except under a landlord-tenant relationship, after being notified in writing, or verbally by the owner, lawful occupant or authorized agent of the owner of such property, to immediately depart; or

(b) enter without permission of the owner or the owner's agent, upon the real property of another.

§ 4-1-62 Aggravated Trespass

The act of trespass shall be aggravated if while committing trespass a person:

(a) accomplishes entry on the property by an act of force or violence or the use of a key or similar device which provides entry and which device the actor is not authorized or privileged to use for such purpose;

(b) intends to cause or causes annoyance or injury to any person thereon or damage to any property thereon;

(c) intends to commit or commits an offense thereon; or

(d) is in possession of a deadly or dangerous weapon.

§ 4-1-63 Robbery

(a) It shall be unlawful for any person to take personal property from the possession of another or from the immediate area of another by means of force or intimidation.

(b) As used in this section, the term "intimidation" means the fear of an immediate and unlawful injury to the person or property of the person robbed or of anyone in the company of such person at the time of the robbery.

§ 4-1-64 Theft

It shall be unlawful for any person if, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from its owner.

§ 4-1-65 Theft by Deception

It shall be unlawful for any person if, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds another's property by:

(a) creating or confirming another's impression which is false and which the offender does not believe to be true;

(b) failing to correct a false impression which the offender previously has created or confirmed;

(c) preventing another from acquiring information pertinent to the disposition of the property involved;

(d) selling or otherwise transferring or encumbering property while failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not valid, or is or is not a matter of official record.

§ 4-1-66 Acquiring Lost Property

It shall be unlawful for any person if with the intent to deprive another of such property or to appropriate such property to himself or a third person, he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner.

§ 4-1-67 Theft by a False Promise

(a) It shall be unlawful for any person to obtain property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

(b) In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed.

§ 4-1-68 Extortion

It shall be unlawful for any person to compel or induce another person to deliver property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

(a) cause physical injury to some person in the future;

(b) cause damage to property;

(c) engage in conduct constituting a crime;

(d) accuse some person of a crime or cause criminal charges to be instituted against him;

(e) expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;

(f) cause a strike, boycott or other collective labor group action injurious to some person's business; unless the property is demanded or received for the benefit of the group in whose interest the actor purports to act;

(g) testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

(h) use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(i) perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

§ 4-1-69 Receiving Stolen Property

It shall be unlawful for any person to knowingly receive, retain, obtain control over or possess, stolen property, knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen; and

(a) he intends to deprive the owner permanently of the use or benefit of the property; or

(b) he knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit.

§ 4-1-70 Theft of Services

It shall be unlawful for any person to obtain for himself or another the labor or services of another which are available only for hire, by means of threat or deception.

§ 4-1-71 Defenses to Theft and Related Offenses

(a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.

(b) In any prosecution for theft committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated openly and avowedly, and under a claim of right made in good faith.

§ 4-1-72 Theft of Telephone Services

It shall be unlawful for any person to knowingly, and without consent, use or receive another's telephone services in which a charge or fee is involved with the intent to withhold compensation for the use of such services.

§ 4-1-73 Unauthorized Use of a Vehicle

It shall be unlawful for any person:

(a) to knowingly take, operate, exercise control over, ride in or otherwise use another's vehicle, boat or aircraft without consent of the owner;

(b) having custody of a vehicle, boat or aircraft pursuant to an agreement to perform a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, to intentionally use or operate thereof, without consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or

(c) having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, to knowingly retain or withhold possession thereof without consent of the owner for so long of time as to render such retention or possession a gross deviation from the agreement.

FORGERY

§ 4-1-74 Forgery

It shall be unlawful for any person if with intent to defraud or injure anyone, he:

(a) alters any writing of another without such person's authority;

(b) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be:

(1) the act of another who did not authorize that act;

(2) to have been executed at a time or place or in numbered sequence other than was in fact the case;

(3) to be a copy of an original when no such original existed; or

(c) utters or attempts to circulate as genuine any writing which he knows to be forged in the manner specified in this section.

FRAUD

§ 4-1-75 Criminal Simulation

It shall be unlawful for any person if, with intent to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters or attempts to circulate or sell as genuine any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.

§ 4-1-76 Fraudulent Handling of Recordable Instruments

It shall be unlawful for any person if, with intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording or knowingly records a false or forged instrument.

§ 4-1-77 Tampering With Records

It shall be unlawful for any person if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, with intent to deceive or injure anyone or to conceal any wrong doing.

§ 4-1-78 Bad Checks

(a) It shall be unlawful for any person to issue or pass a check or similar sight order for the payment of money, for the purpose of obtaining any money, property, or other thing of value or paying for any services, rent, wages or salary, knowing or believing that it will not be honored by the drawee.

(b) An issuer is presumed to know that the check or order would not be paid if:

(1) the issuer had no account with the drawee at the time the check or order was issued; or

(2) payment was refused by the drawee for lack of funds, upon presentation for payment within thirty (30) days of issue, and the issuer failed or was intentionally unavailable to make good within ten (10) days after such refusal and receipt of notice of refusal to pay.

§ 4-1-79 Deceptive Business Practices

(a) It shall be unlawful for any person in the course of business to:

(1) use or possess for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2) sell, offer or expose for sale, or deliver less than the represented quality or quantity of any commodity or service;

(3) take or attempt to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;

(4) sell, offer or expose for sale adulterated or mislabeled commodities;

(5) makes a false or misleading statement in any advertisement with the intent of promoting the purchase or sale of property or services;

(6) makes a false or misleading statement for the purpose of obtaining property or credit; or

(7) makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities.

(b) It is an affirmative defense to prosecution under this section if the defendant proves by clear convincing evidence that his conduct was not intentionally, knowingly or willfully deceptive.

§ 4-1-80 Fraudulent Use of Credit Card

It shall be unlawful for any person to use with the intention of obtaining money, goods, services or any other thing of value a credit card or credit card account which he knows is forged, expired, canceled, revoked, stolen, or retained without consent of the card or account holder.

§ 4-1-81 Rigging a Contest

It shall be unlawful for any person who:

(a) with a purpose to prevent a contest from being conducted in accordance with the rules and usages purporting to govern it, he:

(1) confers or offers or agrees to confer any benefit upon, or threatens any injury to a participant, official or other person associated with the contest;

(2) tampers with any person, animal, or thing associated with the contest;

(3) knowingly solicits, accepts or agrees to accept any benefit from a participant, official or other person associated with the contest; or

(b) knowingly engages in, sponsors, produces, judges, or otherwise participates in a contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct unlawful under this section.

§ 4-1-82 Defrauding Creditors.

It shall be unlawful for any person:

(a) to destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with purpose to hinder enforcement of that interest;

(b) knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, to:

(1) destroy, remove, encumber, transfer, or otherwise deal with any property with purpose to defeat or obstruct the operation of any law relating to administration of such property for the benefit of creditors;

(2) knowingly falsify any writing or record relating to the property; or

(3) knowingly misrepresent or refuse to disclose to a person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor is legally required to furnish in relation to such administration.

§ 4-1-83 Unlawful Dealing With Property By a Fiduciary

It shall be unlawful for any person to deal with property that has been entrusted to him as a fiduciary, or property of the Tribe or government or of a financial institution, in a manner which he knows or should know is a violation of his duty and which involves a substantial loss or risk of loss to the owner or to a person for whose benefit the property was entrusted.

§ 4-1-84 Making a False Credit Report

It shall be unlawful for any person to knowingly make a materially false or misleading statement to obtain property or credit for himself or another or to keep some other person from obtaining credit.

OFFENSES AGAINST THE FAMILY

Marital Violations

§ 4-1-85 Bigamy

It shall be unlawful for any person if, knowing that he or she has a husband or wife or knowing the other person has a husband or wife, he purports to marry or cohabit with such other person. It shall be a defense to bigamy if the defendant proves by a preponderance of the evidence that he reasonably believed he and the other person were eligible to marry.

§ 4-1-86 Incest

(a) It shall be unlawful for any parent and child, ancestor and descendant of any degree, siblings of the half or whole blood, uncle and niece or nephew, aunt and niece or nephew, or first cousins to intermarry or to engage in sexual intercourse.

(b) Minors, incompetents or non-consenting parties may not be found guilty of incest.

§ 4-1-87 Criminal Nonsupport

(a) It shall be unlawful for any person:

(1) who is the parent, guardian or legal guardian of any minor dependent upon him or her for care, education or support, to desert such child in any manner whatever with intent to abandon him or her;

(2) to willfully omit, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his child, ward or spouse. The practice of a parent or guardian who chooses for his child or ward treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of duty of care to such child or ward.

(b) Proof of the desertion of a spouse, child or children in destitute or necessitous circumstances or of neglect to furnish such wife, child, or children necessary and proper food, clothing or shelter is prima facie evidence that such desertion or neglect is willful.

§ 4-1-88 Domestic Violence (revised 6/22/99)

(a) It shall be unlawful for any domestic household member to commit:

(1) an assault as defined in § 4-1-37 of the Nez Perce Tribal Code, upon any other domestic household member;

(2) an aggravated assault as defined in § 4-1-39 of the Nez Perce Tribal Code, upon any other domestic household member;

(3) a battery as defined in § 4-1-38 of the Nez Perce Tribal Code, upon any other domestic household member;

(4) an aggravated battery as defined in § 4-1-40 of the Nez Perce Tribal Code, upon any other domestic household member;

(5) a rape as defined in § 4-1-48 of the Nez Perce Tribal Code, upon any other domestic household member.

(b) A conviction for domestic violence is punishable by imprisonment for a term not to exceed One (1) year or by a fine not to exceed Five Thousand Dollars ($5,000) or by both a fine and imprisonment or any other sentence the Court may deem appropriate.

(1) Any person who pleads guilty or is found guilty of a violation of this section shall undergo, at the person’s own expense, an evaluation by a person, organization, or agency approved by the Court to determine whether the defendant should be required to obtain batterers treatment or other appropriate treatment. If the evaluation recommends counseling or other treatment, the evaluation shall recommend the type of counseling and/or treatment considered appropriate for the defendant, and shall recommend any other suitable alternative counseling or treatment programs.

(2) If the evaluation recommends counseling or other treatment, the Court shall order the person to complete the counseling or other treatment, at the person’s own expense, in addition to any other sentence which may be imposed. If the Court determines that counseling or treatment would be inappropriate or undesirable, the Court shall enter findings articulating the reasons for such determination on the record. The Court shall order the defendant to complete the preferred counseling or treatment program set forth in the evaluation within the time allowed by the Court, at the person’s own expense.

(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.

§ 4-1-89 Abuse of Vulnerable Adults (amended 12/14/99)

(a) It shall be unlawful for any person:

(1) to willfully or negligently inflict physical or mental pain or injury on a vulnerable adult;

(2) to willfully or negligently misuse the funds, property or resources of a vulnerable adult for profit or advantage; or

(3) who is responsible for the care of a vulnerable adult, to willfully or negligently fail to provide food, clothing, shelter, medical care or other services reasonably necessary to sustain the life and health of a vulnerable adult.

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

§ 4-1-90 Child Abuse (revised 6/22/99)

(a) It shall be unlawful for any person:

(1) to willfully cause or permit any child to suffer or inflict thereon unjustifiable physical pain or mental suffering;

(2) having the care or custody of any child, to willfully cause or permit the person or health of such child to be injured; or

(3) to willfully cause or permit any child to be placed in such situation that his person or health is seriously endangered.

(4) To commit a crime involving domestic violence in the presence of a child. For the purpose of this subsection, "in the presence of a child" shall mean in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic violence.

(b) The practice of a parent or guardian who chooses for his child treatment solely by prayer or spiritual means shall not for that reason alone be construed to have violated the duty of care to such child.

§ 4-1-91 Endangering the Welfare of a Minor

(a) It shall be unlawful for any person to knowingly:

(1) induce, cause or permit an unmarried person under eighteen (18) years of age to witness a sexual act;

(2) permit a person under eighteen (18) years of age to enter or remain in a place where unlawful narcotic or illicit drug activity is maintained or conducted;

(3) induce, cause or permit a person under eighteen (18) years of age to participate in gambling other than a social game;

(4) sell, cause to be sold or provide tobacco, alcohol or harmful drugs or narcotics in any form to a person under eighteen (18) years of age; or

(5) sell, cause to be sold or provide tobacco in any form to a person under eighteen (18) years of age.

(6) otherwise threaten serious harm to the physical, emotional or mental well being of the minor.

(b) For the purposes of this section, traditional Indian games including, but not limited to, "Stick Games" shall be considered social games.

§ 4-1-92 Contributing to the Delinquency of a Minor

(a) It shall be unlawful for any person by any act or omission to willfully aid, encourage or cause or attempt to aid, encourage or cause any child to:

(1) become or remain delinquent;

(2) do or perform any act or follow any course of conduct which would cause or manifestly tend to cause such child to become or remain delinquent; or

(3) cause a child to become or remain a runaway.

(b) In addition to any other penalties imposed for a violation of this section, the Court may require the juvenile and his parent or guardian to perform community service, participate in counseling, or issue such other orders designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision.

OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT

Bribery and Corrupt Influences

§ 4-1-93 Definitions

As used in this part:

(a) "Benefit" means a gain or advantage, or anything regarded by the beneficiary as a gain or advantage, including benefit to any other person or entity in whose welfare he is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose;

(b) "Government" includes any branch, subdivision or agency of the government of any state, the United States or any locality within such entities;

(c) "Harm" means loss, disadvantage or injury, or anything regarded as such by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested;