Nisqually Tribal Code

TITLE 10 - CRIMES AND TRAFFIC

SUBCHAPTER I - EXTRADITION

Section 10.01 - Extradition Procedure

 

10.01.01 Tribal Police Chief to Investigate

When a felony arrest warrant has been issued by a competent jurisdiction, other than the Nisqually Tribe, for the arrest of any person known or suspected to be present on the Nisqually Reservation, the following procedure shall be followed:

(a) The law enforcement agency responsible for executing the warrant shall present the warrant to the Chief of the Nisqually Tribal Police;

(b) The Chief may investigate the warrant's validity to the extent that such investigation does not jeopardize outside enforcement efforts to effectuate the arrest; and

(c) Upon the Chief's satisfaction that the warrant is valid, the Chief or his/ her designee may coordinate with the requesting agency to execute the warrant; provided that no arrest warrant shall be executed by an outside enforcement officer upon lands within the exclusive jurisdiction of the Nisqually Tribe without being accompanied by a Nisqually Police Officer.

Historical and Statutory Notes

This Subchapter amended in 1991. Originally created by Resolution 18-1989.

 

SUBCHAPTER II - CRIMINAL OFFENSES

Section 10.02 - General Provisions

10.02.01 Application and Construction

(a) This Subchapter shall be known and may be cited as the Nisqually Criminal Offenses Code.

(b) The provisions of this Title shall apply to any criminal offense committed on or after the date it is adopted by resolution of the Nisqually Tribal Council.

(c) The provisions of this Title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this Title. Such an offense and any defenses thereto must be construed and punished according to the provisions of the Nisqually Criminal Code existing at the time of the commission thereof, in the same manner as if this Title had not been enacted.

(d) If any provision of this Title or its application to any person or circumstance is held invalid, the remainder of the Title or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this Title are declared to be severable.

(e) The Nisqually Tribal Court shall have jurisdiction over cases arising under this Title. The jurisdiction of the Tribal Court over persons and territory is limited only by federal law and the Constitution of the Nisqually Indian Tribe. The Tribal Court shall have the power to decide questions of jurisdiction which may be raised under this Title.

(f) This Title is to be interpreted to supersede and replace any conflicting provisions of all prior codes and laws of the Nisqually Indian Tribe.

Historical and Statutory Notes

This Subchapter enacted April 26, 2000.

10.02.02 Purposes

The general purposes of this title are:

(a) To forbid and prevent conduct which inflicts or threatens to inflict harm to individual or public interests.

(b) To safeguard conduct that is without culpability from conduct that is criminal.

(c) To give fair warning of the nature of conduct declared to constitute an offense.

(d) To prescribe penalties based upon the seriousness of the offense and the offender's criminal history.

10.02.03 Classification of Crimes

(a) The particular classification of each offense defined in the Nisqually Criminal Code is expressly designated in the subsection defining it.

(b) For the purpose of penalty, offenses are designated as Class I, Class II or Class III. Penalties for each class are set forth in the penalty section of the Subchapter.

10.02.04 Proof

Every person charged with the commission of a criminal offense is presumed innocent until proven guilty. No person may be convicted of a criminal offense unless each element of such offense is proved beyond a reasonable doubt.

10.02.05 Time For Bringing an Action

All action under this Title shall be initiated within 2 years from the date the crime is discovered, or through reasonable diligence should have been discovered, except that in actions involving the sexual abuse of a minor an action may be initiated within 2 years from the date the victim reveals facts giving rise to a cause of action under this Title.

10.02.06 Definitions

In this Title, unless a different meaning plainly is required, the following definitions apply:

(a) Acted includes, where relevant, omitted to act.

(b) Actor includes where relevant, a person failing to act.

(c) Benefit is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the act, desire or consent of the beneficiary.

(d) Bodily harm means any physical pain, injury, or illness, or an impairment of physical condition.

(e) Building in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, boat, cargo container or any other structure used for lodging of persons or storage of property, or for carrying on business therein, or for the sale, use or deposit of goods.

(f) Controlled Substance means all substances identified as controlled substances or listed in schedules I, II, III, IV and V of the Uniform Substances Act as adopted by the State of Washington in RCW 69.50, and as herein after amended in those provisions, except as may be otherwise specifically addressed in this Title.

(g) Confinement means total or partial confinement in detention. Total confinement means inside the physical boundaries of a jail facility for 24 hours a day. Partial confinement means confinement inside the physical boundaries of a jail facility for a substantial part of the day, it also includes work release.

(h) Conviction means an adjudication of guilt and includes a verdict of guilty, a finding of guilty and acceptance of a plea of guilty.

(i) Criminal History means the list of the defendant's prior conviction whether within the Tribal, state or federal court and shall include, where known:

(i) whether the defendant has been placed on probation and the length and terms thereof; and

(ii) whether the defendant has been incarcerated and the length of incarceration.

(j) Dangerous weapon -Any firearm, sand club, metal knuckles, karate stars, spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity or by an outward, downward or centrifugal movement.

(k) Deadly weapon means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article or substance, including a "vehicle" as defined in this subsection, which, under the circumstances in which it is used, or threatened to be used, is readily capable of causing serious bodily harm.

(l) Dwelling means any building or structure, though moveable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging regardless of whether the dwelling is being used for lodging.

(m) Enter shall include the entrance of the person, or the insertion of any body part, or any instrument or weapon held, used or intended to be used to threaten or intimidate a person or to detach or remove property.

(n) Enters or remains unlawfully -A person enters or remains unlawfully in or upon premises when he is not then licensed, invited or otherwise privileged to so enter or remain. A license or privilege to enter or remain in a building which is only partially open to the public is not a license to enter or remain in that part of the building which is not open to the public.

(o) Firearm -A weapon or device from which a projectile may be fired by an explosive such as gunpowder. Air guns and other guns fired by the release of compressed gas are firearms. Firearm shall also include any explosive, incendiary, or poison gas (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) similar device.

(p) Government means any branch of the federal government, the state of Washington, or the Nisqually Indian Tribe.

(q) Government function means any activity which a public servant is legally authorized or permitted to undertake on behalf of a government.

(r) Indian means an enrolled member of a federally recognized tribe, band or community.

(s) Malice and Maliciously shall import an evil intent, wish or design to vex, annoy or injure another person.

(t) Marijuana means all parts of the plant of the genus Cannabis and the resin extracted from any part of the plant. It does not include the fiber produced from the stalks of the plant or sterilized seeds from the plant.

(u) Machine gun -Any firearm or weapon known as a machine gun, mechanical rifle, submachine gun, and/or any other weapon, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into such weapon, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

(v) Offender means a person who has been convicted of a criminal offense under this Title.

(i) A First Offender means a person who has not been convicted of an offense under this Title within five (5) years preceding conviction of the current offense.

(ii) A Second Offender means a person who has been convicted of an offense under this Title within five (5) years preceding conviction of the current offense

(iii) A Habitual Offender means a person who has been convicted of three or more offenses within any five (5) year period.

(w) Officer and Public Officer means a person holding office under a local, state, federal or tribal government who performs a public function and in so doing is vested with the exercise of some power of government. The definition includes peace officers.

(x) Omission means a failure to act.

(y) Peace Officer means a duly appointed local, state, federal or tribal law enforcement or probation officer.

(z) Person and/or actor includes any natural person and, where relevant, any corporation, partnership or unincorporated association.

(aa) Prisoner includes any person held in custody under process of law or lawful arrest.

(bb) Property means anything of value, whether tangible or intangible, real or personal.

(cc) Restitution means the requirement that the offender pay a specific sum of money over a specific period of time to the court for the sole benefit of the victim or victims as payment for damages. The imposition of a restitution order does not preclude civil redress.

(dd) Serious Bodily Harm means bodily injury which creates a probability of death, or which causes a significant permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ.

(ee) Sexual Intercourse means:

(i) any penetration of the vagina or anus however slight, by an object or body part, 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; and

(ii) 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.

(ff) Sexual Contact means any touching of the sexual or other intimate parts of a person whether clothed or unclothed for the purpose of gratifying sexual desire of either party.

(gg) Sexually Explicit Conduct means actual or simulated intercourse, sexual contact or masturbation of the genitals or anus.

(hh) Signature includes any memorandum, mark or sign made with intent to authenticate any instrument or writing or the subscription of any person thereto.

(ii) Substantial Bodily Harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes fracture of any bodily part or organ.

(jj) Threat means to communicate directly or indirectly the intent:

(i) To cause bodily injury to the person threatened or to any other person; or

(ii) To cause physical damage to the property of a person other than the actor; or

(iii) To subject the person threatened or any other person to physical confinement or restraint; or

(iv) To do any other act which is intended to harm substantially the person threatened or another with respect to the person's health, safety, business, financial condition, reputation in the community or personal relationships.

(kk) Vehicle means a "motor vehicle" as defined in the motor vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.

Section 10.03 - Sentencing

10.03.01 Habitual Offenders

(a) Every person who has received three convictions under this Title in any five-year period shall thereafter be considered a habitual offender.

(b) Habitual Offenders shall be sentenced to the maximum term of confinement for the class of offense and will be entitled only to suspension of any portion of the sentence that includes the imposition of a fine.

10.03.02 Work Requirement for Prisoners

When a person has been sentenced to confinement such person may be compelled on each day of such term, except Sundays, to perform eight hours of labor on the streets, public buildings and grounds of the Tribe.

10.03.03 Sentences

The following are presumptive sentencing ranges for terms of confinement for each class of offense. When sentencing an offender the court shall impose a term of confinement within the minimum and maximum term of confinement for each class of offense unless the court is authorized by this provision or another provision of this Title to waive a sentence within that range. The court may impose a term of confinement outside the sentence range for that offense only if it finds that there are substantial and compelling reasons justifying an exceptional sentence and the court enters written findings justifying the
exceptional sentence.

(a) A class I offense shall carry a minimum term of confinement of six months (180 days) and maximum term of one year (365 days). In addition to a term of confinement, a person convicted of a class I offense may also be required to pay a fine of not more than $5,000.00.

(b) A class II offense shall carry a minimum term of confinement of not less than two months (60 days) and a maximum term of confinement of seven months (210 days). In addition to a term of confinement, a person guilty of a class II offense may also be required to pay a fine of not more than $2,500.00.

(c) A class III offense shall carry a minimum term of confinement of one month (30 days) and a maximum period of confinement of three months (90 days); a person guilty of a class III offense may also be required to pay a fine of not more than $1,000.00.

(d) A sentence for a term of confinement within the minimum and maximum sentencing range cannot be appealed.

(e) A sentence for a term of confinement outside the standard sentencing range can be appealed.

10.03.04 Noncompliance With Sentences

If an offender violates any condition or requirements of a sentence the court may modify its sentence in accordance with this subsection.

(a) The court, upon the motion of the Tribe, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant for arrest for the offender's appearance.

(b) If the court finds the violation has occurred, it may order the offender to be confined for up to ninety (90) days in addition to imposing the remainder of a suspended sentence, it may modify the terms of its sentence and may convert a term of partial confinement to total confinement. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement ordered by the court.

10.03.05 Sentencing Orders

The Clerk of the Court shall serve a certified copy of all sentencing orders on the parties, the Nisqually Police Department, the probation officer and where the offense was committed against a family member residing with the offender or against a minor, the Nisqually Department of Social Services.

Section 10.04 - Principles of Liability

10.04.01 General Requirements of Culpability

(a) Intent. A person acts with intent or intentionally when the person acts with the objective or purpose to accomplish a result which constitutes a crime.

(b) Knowledge. A person acts or acts knowingly when:

(i) the person is aware of facts, circumstances or results described in a definition of offense or;

(ii) the person has information which would lead a reasonable person in the same situation to believe that facts exist which are described in a definition of an offense.

(c) Recklessness. A person is reckless or acts recklessly when (s)he knows of and disregards a substantial risk that a wrongful act may occur and the disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

(d) Criminal Negligence. A person is criminally negligent when the person fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

10.04.02 Complicity - Liability for the Conduct of Another

A person is guilty of a crime if it is committed by the conduct of another person for which he or she is legally accountable.

(a) A person is legally accountable for the conduct of another person when:

(i) Acting with the kind of culpability that is sufficient for the commission of the crime, he or she caused an innocent or irresponsible person to engage in such conduct; or

(ii) The person is made accountable for the conduct of such other person by the law defining the crime; or

(iii) The person is an accomplice of such other person in the commission of the crime.

(b) A person who is legally incapable of committing a particular offense themselves may be guilty thereof if the crime is committed by the conduct of another person for which they are legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his or her incapacity.

(c) A person legally accountable for the conduct of another person may be convicted on proof of commission of the crime and of his or her complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted.

10.04.03 Accomplice

(a) A person is an accomplice of another person in the commission of a crime if with knowledge that it will promote or facilitate the commission of the crime, the person;

(i) solicits, commands, encourages or requests such other person to commit it: or

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

(iii) his or her conduct is expressly declared by law to establish his or her complicity.

(b) A person is not an accomplice in a crime committed by another person if:

(i) he or she is a victim of that crime; or

(ii) he or she terminates his complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent commission of the crime.

10.04.04 Penalty

Persons that are accomplices to a crime or accountable for the acts of another person who commits a crime shall be subject to the same penalty as if they had committed the crime themselves.

Section 10.05 - Defense

10.05.01 Self-Defense

The use, attempt or threat to use force toward the person of another is not illegal in the following circumstances:

(a) Whenever a law enforcement officer reasonably believes it is necessary in the performance of a legal duty, or by a person assisting the officer, so long as the force used is not more than is necessary.

(i) The use of deadly force by a law enforcement officer is justifiable when the officer believes beyond a reasonable doubt that a suspect, if not apprehended, poses an immediate threat of serious physical injury or harm to the officer or others.

(b) Whenever used by a party about to be injured or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with property lawfully in his or her possession, so long as the force is not more than is necessary;

(c) Whenever reasonably used by a person to detain someone who enters or unlawfully remains in a building or on real property lawfully in possession of the person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did
not reasonably appear to be intended to be open to members of the public;

(d) Whenever used by any person to prevent a mentally ill, mentally incompetent or intoxicated person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.

10.05.02 Duress

(a) In any prosecution for a crime it is a defense that:

(i) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal the actor or another would be subject to immediate substantial bodily injury; and

(ii) That such apprehension was reasonable upon the part of the actor; and

(iii) The actor would not have participated in the crime except for the duress involved.

(b) The defense of duress is not available if the actor intentionally or recklessly places himself in a situation in which it is probable that he will be subject to duress.

10.05.03 Entrapment

(a) In any prosecution for a crime it is a defense that:

(i) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and

(ii) The actor was lured or induced to commit a crime the actor had not otherwise intended to commit.

(b) The defense of entrapment is not established by showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.

10.05.04 Intoxication

Intoxication may not be raised as a defense to an act committed by a person while in a state of voluntary intoxication. However, intoxication may be asserted in relation to the degree of intent formed by the defendant.

10.05.05 Insanity

To establish the defense of insanity, it must be shown by a preponderance of the evidence that at the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that:

(a) He or she was unable to perceive the nature and quality of the act with which he or she is charged; or

(b) He or she was unable to tell right from wrong with reference to the particular act charged.

10.05.06 Excusable Homicide

Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent.

10.05.07 Justifiable Homicide

Homicide is justifiable when it is reasonably believed by the slayer to be necessary to prevent an imminent danger of serious bodily injury or death to himself or herself or to another. When determining whether the slayer reasonably believed he or she was in imminent danger, the court may take into consideration any history of physical abuse upon the slayer by the person slain.

Section 10.06 - Anticipatory Offenses

10.06.01 Attempt

(a) A person is guilty of attempt to commit a crime if, with intent to commit a specific crime proscribed by this Subchapter, the person does any act which is a substantial step toward commission of that crime.

(b) If the conduct in which a person engages constitutes an attempt to commit a crime, it is no defense to the prosecution of such attempt that the offense charged to have been attempted was, under the circumstances, factually or legally impossible of commission.

An attempt to commit a crime is a class III offense if the crime is a class III or class II offense and a class II offense if the crime is a class I offense.

10.06.02 Solicitation

A person is guilty of solicitation to commit an offense when, with intent to promote or facilitate the commission of an offense, the person offers to give money or other thing of value to another to engage in specific conduct which is proscribed as an offense by this Subchapter.

Solicitation is a class III offense.

Section 10.07 - Offenses Against Persons

10.07.01 Abduction

Any person who shall willfully take away or detain another person against his or her will, shall be guilty of the offense of abduction.

Abduction is a Class III offense.

10.07.02 Assault

Any person who shall attempt to inflict serious or substantial bodily harm to another person or who poses an imminent threat of such harm shall be guilty of assault.

Assault is a Class III offense.

10.07.03 Battery in the First Degree

A person is guilty of battery in the first degree if he or she:

(a) Assaults another with a firearm or any deadly weapon or by force or means likely to produce serious or substantial bodily harm; or

(b) Assaults another and inflicts serious or substantial bodily harm. Battery in the first degree is a Class I offense.

10.07.04 Battery in the Second Degree

Any person who shall willfully strike another person or otherwise inflict bodily injury on another person where the act does not constitute battery in the first degree is guilty of battery in the second degree.

Battery in the second degree is a Class II offense.

10.07.05 Contributing to the Injury of a Minor

A person is guilty of contributing to the injury of a minor if he or she furnishes alcohol or a controlled substance to a minor who is substantially or seriously injured by the ingestion of the alcohol or controlled substance or because of resulting intoxication.

10.07.06 Extortion

(a) Extortion means to knowingly obtain or attempt to obtain by threat property or services of the owner and specifically includes sexual favors.

(b) A person is guilty of Extortion if:

(i) he or she commits extortion by means of a threat as it is defined in this Title; or

(ii) he or she commits extortion by means of a threat to accuse any person of a crime or cause criminal charges to be instituted against a person.

(c) It is a defense to any prosecution for Extortion that the actor reasonably believed the threatened criminal charge to be true and that the actor's only purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of the threatened charge.

Extortion is a Class II offense.

10.07.07 Harassment in the First Degree

A person is guilty of harassment in the first degree if he or she:

(a) Violates any civil harassment or temporary restraining order barring the person from contact with another; or

(b) On more than one occasion subjects a person to behavior which constitutes harassment in the second degree.

Harassment in the first degree is a Class II offense.

10.07.08 Harassment in the Second Degree

A person is guilty of harassment in the second degree if:

(a) He or she threatens:

(I) To cause bodily injury in the future to the person threatened or to any other person; or

(II) To cause physical damage or destruction to the property of a person other than the actor; or

(III) To subject the person threatened or any other person to physical confinement or restraint; or

(IV) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.

Harassment in the second degree is a Class III offense.

10.07.09 Homicide by Abuse

A person is guilty of homicide by abuse if, under circumstances manifesting an extreme indifference to human life, the person causes the death of a child, a developmentally disabled person, or a dependent adult.

Homicide by abuse is a Class I offense.

10.07.10 Indecent Liberties

A person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another;

(a) By forcible compulsion; or

(b) When the other person is less than fourteen years of age; or

(c) When the other person is less than 16 years old and the perpetrator is more than 48 months older than the victim; or

(d) When the other person is incapable of consent by being mentally incompetent, mentally incapacitated, or physically helpless.

Indecent Liberties is a Class II offense.

10.07.11 Kidnapping

A person is guilty of kidnapping if the person abducts another person with intent to:

(a) hold the person as a shield or hostage; or

(b) facilitate commission of any criminal offense; or

(c) inflict bodily injury on the person; or

(d) inflict extreme emotional distress on the person or a third person; or

(e) interfere with the performance of any governmental function. Kidnapping is a Class I offense.

10.07.12 Manslaughter

A person is guilty of manslaughter when:

(a) He or she recklessly, or with criminal negligence, causes the death of another person; or

(b) He or she intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child; or

(c) He or she furnishes alcohol or a controlled substance to a minor whose death is caused by the ingestion of the alcohol or controlled substance or because of resulting intoxication.

Manslaughter is a Class I offense.

10.07.13 Murder

A person is guilty of murder when:

(a) With intent to cause the death of another person, he or she causes the death of such person or of a third person; or

(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or

(c) He or she commits or attempts to commit a felony, and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or physical injury.

Murder is a Class I offense.

10.07.14 Negligent Homicide

A person is guilty of negligent homicide when the death of any person shall ensue within three years as a proximate result of injury received by the driving of any vehicle by that person while under the influence of or affected by liquor, drugs, glue, or any other intoxicating substance, or by the operation of any vehicle in a reckless manner or with disregard for the safety of others.

Negligent homicide is a felony.

10.07.15 Promoting a Suicide

A person is guilty of promoting a suicide when he or she:

(a) Knowingly causes or aids another person to commit suicide or attempt to commit suicide; or

(b) Has knowledge that a person is planning to commit suicide and does not take reasonable steps to prevent the suicide.

Promoting a Suicide is a Class II offense.

10.07.16 Rape

A person is guilty of Rape when the person engages in sexual intercourse with another person:

(a) By forcible compulsion; or

(b) When the victim is incapable of consent by reason of being mentally incompetent, mentally incapacitated or physically helpless.

Rape is a Class I offense.

10.07.17 Rape of a Child in the Third Degree

(a) A person is guilty of rape of a child in the third degree when such person:

(i) Engages in sexual intercourse with another person not married to the perpetrator where the perpetrator is over the age of eighteen (18) years; and

(ii) The victim is under the age of sixteen (16) years and over the age of fourteen (14) years.

(b) Consent of the victim does not constitute a defense to the charge.

(c) It is an affirmative defense if the defendant can show that he or she reasonably believed that the victim was over 16 years of age.

Rape of a Child in the third degree is a Class III offense.

10.07.18 Rape of a Child in the Second Degree

(a) A person is guilty of rape of a child in the second degree when such person:

(i) Engages in sexual intercourse with another person not married to the perpetrator where the perpetrator is over the age of sixteen (16) years; and

(ii) The victim is under the age of fourteen (14) years and over the age of twelve (12) years.

(b) Consent of the victim does not constitute a defense to the charge.

(c) It is an affirmative defense if the defendant can show that he or she reasonably believed that the victim was over 16 years of age.

Rape of a Child in the second degree is a Class II offense.

10.07.19 Rape of a Child in the First Degree

(a) A person is guilty of rape of a child in the first degree when such person:

(i) Engages in sexual intercourse with another person not married to the perpetrator where the perpetrator is over the age of twelve (12) years; and

(ii) The victim is under the age of (12) years.

(b) Consent of the victim does not constitute a defense to the charge.

(c) It is an affirmative defense if the defendant can show that he or she reasonably believed that the victim was over 16 years of age.

Rape of a child in the first degree is a Class I offense.

10.07.20 Reckless Endangerment

A person is guilty of reckless endangerment if (s) he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.

Reckless endangerment is a Class II offense.

10.07.21 Robbery

A person commits robbery when he or she unlawfully takes personal property from another in the presence of that person.

Robbery is a Class I offense if the value of the property or services exceeds $1,000.00.

Robbery is a Class II offense if the value of the property or services exceeds $500.00 but is less than $1,000.00 in value.

Robbery is a Class III offense if the value of property or services is less than $500.00 in value.

10.07.22 Robbery in the Second Degree

A person commits robbery in the second degree if in the commission of a robbery the person uses or threatens the use of immediate force, violence or fear of injury to a person or his or her property or the person or property of another.

Robbery in the Second Degree is a Class I offense if the value of the property or services exceeds $500.00.

Robbery in the second degree is a Class II offense if the value of the property or services is less than $500.00 in value.

10.07.23 Robbery in the First Degree

A person commits robbery in the first degree if in the commission of a robbery he or she:

(a) is armed with a deadly weapon; or

(b) inflicts bodily injury.

Robbery in the first degree is a Class I offense.

10.07.24 Transmitting Communicable Diseases

(a) A person is guilty of transmitting communicable diseases if he or she is infected with a communicable disease, including, but not limited to HIV, AIDS, syphilis, herpes or gonorrhea, which is incurable or otherwise dangerous to the public health, and knowingly exposes another person to the disease.

(b) It is a defense to the charge of transmitting a communicable disease that the disease is not fatal and the person so exposed was over the age of eighteen (18) years, had full knowledge of the disease and voluntarily undertook the risk of exposure to such disease.

Transmitting communicable diseases is a Class I offense.

Section 10.08 - Offenses Against Property

10.08.01 Arson

A person is guilty of arson if he or she knowingly and maliciously causes a fire or explosion which damages a building or any structure, or any wharf, dock, motor vehicle, water craft, aircraft, bridge, timber, or any lumber, shingle or other timber products, or any property.

If the damage caused by the action exceeds $1,000.00 it is a Class I offense.

If the damage caused by the action exceeds $500.00 but is less than $1,000.00 it is a Class II offense.

If the damage caused by the action does not exceed $500.00 it is a Class III offense.

10.08.02 Burglary in the First Degree

A person is guilty of burglary in the first degree if:

(a) With intent to commit a crime against a person or property therein;

(b) the person enters or remains unlawfully in a building or dwelling; and

(c) the actor or another participant in the crime is armed with a deadly weapon or assaults any person therein.

Burglary in the first degree is a Class I offense.

10.08.03 Burglary in the Second Degree

A person is guilty of burglary in the second degree if;

(a) With intent to commit a crime against a person or property therein;

(b) the person enters or remains unlawfully in a building or dwelling. Burglary in the second degree is a Class II offense.

10.08.04 Burglary - Inferences and Other Crimes

(a) In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein unless such entering or remaining can be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.

(b) Every person who in the commission of a burglary shall commit any other crime may be punished therefore as well as for the burglary and may be prosecuted for each crime separately.

10.08.05 Cruelty to Animals

A person is guilty of cruelty to animals if such person:

(a) Tortures, mistreats, mutilates, overrides, overloads any animal; or

(b) Abandons any animal; or

(c) Deprives food or drink to any animal.

Cruelty to animals is a Class III offense.

10.08.06 Embezzlement

A person is guilty of embezzlement if:

(a) Having lawful custody of property not his or her own;

(b) He or she appropriates the same for his or her own use with intent to deprive the owner thereof.

Embezzlement is a Class I offense if the amount of property involved exceeds $1,000.00 in value.

Embezzlement is a Class II offense if the amount of property involved exceeds $500.00 in value but is less than $1,000.00 in value.

Embezzlement is a Class III offense if the amount of property involved is less than $500.00.

10.08.07 Forgery

A person is guilty of forgery if:

(a) With intent to injure or defraud;

(b) He or she possesses, offers, disposes of, signs or put of as true a written instrument which (s)he knows to be a false imitation.

Forgery is a Class I offense if the action involves property with a value of more than $1,000.00.

Forgery is a Class II offense if the action involves property with a value of less than $1,000.00 and more than $500.00.

Forgery is a Class III offense if the action involves property with a value of less than $500.00.

10.08.08 Fraud

A person is guilty of fraud if:

(a) By willful misrepresentation or deceit;

(b) He or she obtains money or any other property from another.

Fraud is a Class I offense if the fraud affects property with a value of more than $1,000.00.

Fraud is a Class II offense if the fraud affects property with a value of more than $500.00 and less than $1,000.00.

Fraud is a Class III offense if the fraud affects property with a value of less than $500.00.

10.08.09 Malicious Mischief

A person is guilty of malicious mischief if (s)he knowingly and maliciously:

(a) Causes damage to the property of another; or

(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle, or property of the Nisqually Tribe, or of a public utility or mode of public transportation, power or communication.

If the damage caused by the action exceeds $1,000.00 or causes an interruption or impairment of service rendered to the public by physically damaging or tampering with public property it is a Class I offense.

If the damage caused by the action exceeds $500.00 but is less than $1,000.00 it is a Class II offense.

If the damage does not exceed $500.00 it is a Class III offense.

10.08.10 Possession of Stolen Property

A person is guilty of possessing stolen property if:

(a) He or she receives, aids in receiving, or conceals or aids in concealing any property; and

(b) He or she knows, or reasonably should have known, that the property was stolen, embezzled or obtained by fraud.

Possession of stolen property is a Class III offense.

10.08.11 Theft

A person is guilty of theft if he or she:

(a) Wrongfully obtains or exerts unauthorized control over the property or services of another with intent to deprive him or her of such property or services; or

(b) By color or aid of deception obtains control over the property of another or the value thereof with intent to deprive him or her of such property or services.

Theft is a Class I offense if the value of the property or services exceeds $1,000.00.

Theft is a Class II offense if the value of the property or services exceeds $500.00 but is less than $1,000.00 in value.

Theft is a Class III offense if the value of property or services is less than $500.00 in value.

10.08.12 Theft of Timber

(a) A person who, without first obtaining a permit from the Nisqually Tribe, cuts any timber or removes any forest product on the Tribe's lands; or

(b) A person who, without permission of the owner, cuts any timber or removes any forest product from that owner's land;

Shall be guilty of theft of timber.

Theft of timber is a Class II offense and in addition to any other penalties the defendant shall be required to pay the owner triple damages.

10.08.13 Unlawful Issuance of Checks

A person is guilty of unlawful issuance of checks if:

(a) He or she, with the intent to defraud;

(b) Utters, makes, draws or delivers to another person any check or draft on a bank or other depository for the payment of money;

(c) Knowing at the time of such drawing or delivery, that he or she has not sufficient funds in said bank to meet said check or draft in full upon its presentation.

Unlawful issuance of a check is a Class I offense if the amount of the money involved exceeds $1,000.00.

Unlawful issuance of a Check is a Class II offense if the amount of the money involved exceeds $500.00 but is less than $1,000.00.

Unlawful issuance of a check is a Class III offense if the amount of the money involved is less than $500.00.

10.08.14 Vehicle Prowling

(a) A person is guilty of vehicle prowling if:

(i) With intent to commit a crime against a person or property therein;

(ii) He or she enters or remains unlawfully in a motor vehicle, an aircraft, or a water craft.

(b) In any prosecution for vehicle prowling, any person who enters or remains unlawfully in a vehicle, aircraft or a water craft may be inferred to have acted with intent to commit a crime against a person or property therein unless such entering or remaining can be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.

(c) Every person who in the commission of a vehicle prowling shall commit any other crime may be punished therefore as well as for the vehicle prowl and may be prosecuted for each crime separately.

Vehicle prowling is a Class III offense.

Section 10.09 - Offenses Against Public Order

10.09.01 Bail Jumping

A person is guilty of bail jumping if:

(a) He or she has been released by court order with the requirement of a subsequent personal appearance before the court and the person knowingly fails to appear as required.

Bail jumping is a Class II offense.

10.09.02 Bribery

A person is guilty of bribery if:

(a) With intent to secure a particular result in a particular matter involving the exercise of a public officer's vote or judgment or other action in his or her official capacity, the person offers, confers or agrees to confer any pecuniary benefit on such public servant; or

(b) Being a public officer a person requests, accepts or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that his or her vote, judgment or action as a public servant will be used to secure a particular result in a particular matter.

(c) It is no defense to a prosecution for bribery that the public official was not qualified to act in the desired way because he or she had not yet assumed office, lacked jurisdiction over the matter, or for any other reason.

Bribery is a Class II offense.

10.09.03 Escape

A person is guilty of escape if:

(a) Being in the lawful custody of a law enforcement officer or after having been placed under arrest, the person removes himself/ herself or attempts to remove himself/ herself from official detention without permission and before he or she is entitled to his or her liberty by the process of law; or

(b) The person assists another person to escape or attempt to escape from official detention; or

(c) The person fails to return to official detention following leave granted for a specific purpose for a specific time.

Escape is a Class II offense.

10.09.04 Indecent Exposure

A person is guilty of indecent exposure if:

(a) Such person publicly exposes or exposes to another person, without that person's permission or consent, his or her genitals, or anus; and

(b) Under circumstances where it is likely to cause affront or alarm.

Indecent exposure is a Class III offense.

Indecent exposure is a Class II offense if such person exposes himself or herself to a person under the age of fifteen (15) years.

10.09.05 Intimidating a Public Servant

A person is guilty of intimidating a public servant if, by use of force, threat or intimidation, he or she attempts to influence a peace officer's or a public officer's vote, opinion or other official action.

Intimidating a public servant is a Class II offense.

10.09.06 Introducing Contraband

(a) A person is guilty of introducing contraband if the person knowingly provides contraband or a weapon to any person confined in a detention facility.

(b) For the purposes of this subsection, contraband includes alcohol, any deadly weapon or instrument that could be used as a weapon, and any controlled substances as defined by state, federal or tribal law.

Introducing contraband is a Class II offense.

10.09.07 Keeping a Disorderly House

A person is guilty of keeping a disorderly house if he or she keeps a house or place of business and tolerates, allows or negligently permits:

(a) The use of drugs or alcohol by minors; or

(b) The use of controlled substances; or

(c) Any loud, boisterous noise or any riotous or disorderly conduct or fighting which may unreasonably disturb another; or

(d) Any other activities which are defined as criminal under federal, state or Nisqually Tribal law.

Keeping a disorderly house is a Class II offense.

10.09.08 Obstructing Justice

A person is guilty of obstructing justice if:

(a) Without lawful excuse he or she refuses or knowingly fails to make or furnish any report or information lawfully required of him by a public official or peace officer; or

(b) In any such statement or report makes any knowingly untrue statement to a public official or peace officer; or

(c) Knowingly hinders, delays or obstructs a public official or peace officer in the discharge of his official powers or duties.

Obstructing justice is a Class II offense.

10.09.09 Official Misconduct

A Nisqually Tribal official or public officer is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege, he or she:

(a) Commits an unauthorized act under color of law; or

(b) Refrains from performing a duty imposed upon him or her by law.

Official misconduct is a Class II offense.

10.09.10 Participating in a Riot

(a) A person is guilty of the crime of participating in a riot if acting with two or more other persons, such person knowingly participates in the use of, or threatened use of, force against any other person or property.

(b) Being at a place where a riot is occurring or engaging in non-violent protests does not constitute the crime of participating in a riot.

Participating in a riot is a Class II offense.

10.09.11 Perjury

A person is guilty of perjury if in any official proceeding, or while under oath, he or she makes a false statement, which he knows to be false.

Perjury is a Class II offense.

10.09.12 Prostitution

A person is guilty of prostitution if such person engages, offers and/ or agrees to engage in sexual conduct with another person for a fee or in exchange for services. Sexual conduct includes "sexual intercourse" and "sexual contact" as defined in this Subchapter.

Prostitution is a Class II offense.

10.09.13 Rendering Criminal Assistance

A person is guilty of rendering criminal assistance if:

(a) With intent to prevent, hinder or delay the apprehension or prosecution of another person who he or she knows:

(i) has committed a crime or juvenile offense; or

(ii) is being sought by law enforcement officials for the commission of a crime or a juvenile offense; or

(iii) has escaped from a detention facility;

(b) He or she assists another person in any of the following ways:

(i) Harbors or conceals such person; or

(ii) Warns such person of impending discovery or apprehension; or

(iii) Provides such person with money, transportation, disguise or other means of avoiding discovery or apprehension; or

(iv) Prevents or obstructs, by the use of force, deception or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or

(v) Conceals, alters or destroys any physical evidence that might aid in the discovery or apprehension of such person; or

(vi) Provides such person with a weapon.

Rendering criminal assistance is a Class II offense.

10.09.14 Requesting Unlawful Compensation

A person is guilty of requesting unlawful compensation if such person is a public servant and requests a pecuniary benefit for the performance of an official action; knowing that he or she is required to perform that action without compensation or at a level of compensation lower than that requested.

Requesting unlawful compensation is a Class II offense.

10.09.15 Resisting Arrest
A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from arresting him or her.

Resisting arrest is a Class II offense.

10.09.16 Tampering With a Witness

A person is guilty of tampering with a witness if:

(a) Such person directs a threat to:

(i) A former witness because of the witness' testimony in any official proceeding; or

(ii) A current witness or a person he or she has reason to believe is about to be called as a witness in an official proceeding; or

(b) Such person attempts to:

(i) Influence the testimony of a witness; or

(ii) Induce that person to elude legal process summoning him or her to testify; or

(iii) Induce that person to absent himself or herself from such proceedings.

Tampering with a witness is a Class II offense.

10.09.17 Tampering With a Juror

A person is guilty of tampering with a juror if:

(a) Such person directs a threat to:

(i) A former juror because of the juror's vote of decision in any official proceeding; or

(ii) A current juror or person he or she has reason to believe is about to be called as a juror in an official proceeding in order to influence the juror's vote or decision.

Tampering with a juror is a Class II offense.

10.09.18 Tampering With Physical Evidence

A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal authority, the person:

(a) Destroys, mutilates, conceals, removes, or alters evidence with the intent to impair its appearance, character, or availability in such proceeding or prospective official proceeding; or

(b) Knowingly presents or offers any false evidence.

Tampering with physical evidence is a Class II offense.

Section 10.10 - Weapons Offenses

10.10.01 Weapons Violation

A person is guilty of a weapons violation if such person:

(a) Fires a gun within any settled community within the Nisqually Reservation; or

(b) Fires a gun in any other place where any person might be endangered or any property damaged by it; or

(c) Fires a gun while under the influence of alcohol or drugs; or

(d) Aims a firearm, whether loaded or not, at or towards any person; or

(e) Sets a spring gun; or

(f) Is in a public place with a firearm or other dangerous weapon concealed upon his or her person without any license required by the Nisqually Tribe or the State of Washington.

A weapons violation is a Class II offense.

10.10.02 Illegal Possession of a Firearm

A person is guilty of illegal possession of a firearm if such person:

(a) Owns a firearm or has one in his or her possession or control; and,

(b) Within the previous fifteen years, has been convicted by any court of competent jurisdiction of murder, rape, robbery, kidnapping, arson, assault, battery in the first degree or any other crime in which a firearm has been used or displayed.

Illegal possession of a firearm is a Class I offense.

10.10.03 Sale or Possession of an Illegal Firearm

A person is guilty of sale or possession of an illegal firearm if he or she sells, furnishes, manufactures or has in his or her possession any of the following:

(a) A machine gun or any part thereof capable of use or assembling or repairing any machine
gun;

(b) A shotgun having a barrel of less than 18 inches in length;

(c) A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel of less than 18 inches in length;

(d) A rifle having a barrel of less than 16 inches in length; or

(e) A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel of less than 16 inches in length.

Possession of an illegal firearm is a Class I offense.

10.10.04 Firearm Registration

A person may register any firearm owned by him or her with the Nisqually Natural Resources Department or the Nisqually Law Enforcement Department. Such registration may be used as proof of ownership in any future proceedings where the ownership of the firearm is in question.

Section 10.11 - Offenses Against the Family

10.11.01 Bigamy

A person is guilty of bigamy if such person intentionally marries or purports to marry another person when either person has a living spouse. In any prosecution under this subsection, it is a defense that at the time of the subsequent marriage:

(a) The actor reasonably believed the prior spouse was dead; or

(b) A court had entered a judgment purporting to terminate or annul any prior marriage and the actor did not know such judgment was invalid.

Bigamy is a Class III offense.

10.11.02 Child Abuse

(a) A parent of a child or the person entrusted with the physical custody of a child is guilty of child abuse if he or she:

(i) Recklessly creates a risk of significant bodily injury to a child;

(ii) Causes substantial bodily harm by withholding any of the necessities of life from a child; or

(iii) Willfully and maliciously commits any assault upon the child; or

(iv) Engages in any act of domestic violence in the presence of the child.

(b) In any prosecution for child abuse, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made reasonable effort to obtain adequate assistance.

(c) For the purposes of this subsection the physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher or guardian for purposes of restraining or correcting a child.

(d) For the purposes of this subsection the following are considered an assault:

(i) Throwing, kicking, burning or cutting a child by any person.

(ii) Striking a child with a closed fist by any person.

(iii) Interfering with a child's breathing.

(iv) Threatening a child with a deadly weapon.

(v) Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks, by any person.

Child abuse is a Class II offense.

10.11.03 Communication With a Minor For Immoral Purposes

A person over the age of eighteen (18) years is guilty of communicating with a minor for immoral purposes if the communication is for the purpose of eliciting a minor to perform a sexual act or engage in sexual conduct.

For the purpose of this provision a minor is a person under the age of eighteen (18) years.

Communication with a minor for immoral purposes is a Class II offense.

10.11.04 Custodial Interference

A person is guilty of custodial interference if:

(a) With the intent to deny access to the child by a parent, guardian, institution, agency or other person having lawful right to custody of the child, the person entices, retains, detains or conceals the child from the parent, guardian, institution, agency or other person having lawful right to physical custody of such child.

(b) A first conviction of custodial interference is a Class II offense. A second conviction of custodial interference is a Class I offense.

(c) In any prosecution for custodial interference it is a complete defense, if established by the defendant by a preponderance of the evidence, that the defendant's purpose was to protect the child from imminent physical harm, and that belief in the existence of the imminent physical harm was reasonable.

(d) Consent of a child does not constitute a defense to a prosecution for custodial interference.

10.11.05 Desertion and Nonsupport of Children

A person is guilty of desertion and nonsupport of children if:

(a) Such person is under the legal obligation to provide for the child's support or maintenance;
and

(b) Abandons or willfully refuses to provide for the child's support or maintenance.

Desertion and nonsupport is a Class III offense.

10.11.06 Exploitation

(a) A person is guilty of exploitation of a minor if the person:

(i) Compels a minor by threat, force, coercion or invitation to engage in sexually explicit conduct, knowing such conduct will be photographed, video taped or displayed in any manner; or

(ii) Being a parent, legal custodian or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing the conduct will be photographed, video taped or displayed in any manner; or

(iii) Engages in a sexual act with another in the presence of a minor.

(b) For the purpose of this provision a minor is a person under the age of eighteen (18) years.

Exploitation is a Class I offense.

10.11.07 Failure to Protect a Child

A person is guilty of failure to protect a child if:

(a) Being the parent or legal guardian of a child;

(b) He or she has reason to believe that the child has been, or may become, the victim of the crime of indecent liberties or rape of a child; and,

(c) He or she fails to take reasonable action to protect the child from such victimization.

Failure to protect a child is a Class I offense.

10.11.08 Incest

(a) A person is guilty of incest if such person engages in sexual intercourse or sexual contact with a person whom he or she knows to be related to them, either legitimately or illegitimately; as an ancestor or descendant in the following relationships: brother, sister, son, daughter, grandchild or grandparent, uncle, aunt, nephew, niece, or first cousin.

(b) As used in this subsection "descendant" includes stepchildren and adopted children under 18 years of age.

Incest is a Class I offense.

Section 10.12 - Drug and Alcohol Offenses

10.12.01 Possession of Marijuana/ Controlled Substance

(a) It is unlawful for any person to possess any amount of marijuana or a controlled substance.

(b) It is an affirmative defense to any prosecution under this subsection that the person possessing the marijuana or controlled substance had been diagnosed with a serious illness and was using the marijuana or controlled substance to cure or lessen the symptoms of the illness or to lessen the side effects of treating the illness.

(c) It is an affirmative defense to any prosecution if a person is found to possess peyote and such possession or distribution is in connection with valid religious practices of a Native American Church.

Possession of marijuana or a controlled substance is a Class II offense.

10.12.02 Delivery or Manufacture of Marijuana/ Controlled Substance

(a) It is unlawful for any person to manufacture or deliver any amount of marijuana or a controlled substance.

(i) "Manufacture" shall mean the production, preparation, propagation, compounding, conversion, processing, growing, planting or cultivation of marijuana or a controlled substance either directly or indirectly.

(ii)