PENAL
CODE - CHAPTER 4E-G
Table of Contents [all chapters of the
Penal Code]
E. OFFENSES INVOLVING DAMAGES TO AND INTRUSION UPON PROPERTY
487. CRIMINAL TRESPASS AND BURGLARY; DEFINITIONS OF TERMS
The following
definitions are applicable to this chapter:
1. "Premises"
includes the term "building," as defined herein, and any
real property .
2. "Building,"
in addition to its ordinary meaning, includes any structure, vehicle
or watercraft used for overnight lodging of persons, or used by persons
for carrying on business therein, or used as an elementary or secondary
school, or an enclosed motor truck, or an enclosed motor truck trailer.
Where a building consists of two or more units separately secured
or occupied, each unit shall be deemed both a separate building in
itself and a part of the main building.
3. "Dwelling"
means a building which is usually occupied by a person lodging therein
at night.
4. "Night"
means the period between thirty minutes after sunset and thirty minutes
before sunrise.
5. "Enter
or remain unlawfully." A person "enters or remains unlawfully"
in or upon premises when he is not licensed or privileged to do so.
A person who, regardless of his intent, enters or remains in or upon
premises which are at the time open to the public does so with license
and privilege unless he defies a lawful order not to enter or remain,
personally communicated to him by the owner of such premises or other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public. A person who enters or remains upon unimproved
and apparently unused land, which is neither fenced nor otherwise
enclosed in a manner designed to exclude intruders, does so with license
and privilege unless notice against trespass is personally communicated
to him by the owner of such land or other authorized person, or unless
such notice is given by posting in a conspicuous manner. A person
who enters or remains in or about a school building without written
permission from someone authorized to issue such permission or without
a legitimate reason which includes a relationship involving custody
of or responsibility for a pupil or student enrolled in the school
or without legitimate business or a purpose relating to the operation
of the school does so without license and privilege.
488. TRESPASS
A Native
American is guilty of trespass when he knowingly enters or remains unlawfully
in or upon premises.
Trespass
is a violation.
489. CRIMINAL TRESPASS IN THE THIRD DEGREE
A Native
American is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in a building or upon real property
a. which
is fenced or otherwise enclosed in a manner designed to exclude intruders;
or
b. where
the building is utilized as an elementary or secondary school in violation
of conspicuously posted rules or regulations governing entry and use
thereof; or
c. where
the building is used as a public housing project in violation of conspicuously
posted rules or regulations governing entry and use thereof; or
Criminal
trespass in the third degree is a class B misdemeanor.
490. CRIMINAL TRESPASS IN THE SECOND DEGREE
A Native
American is guilty of criminal trespass in the second degree when he
knowingly enters or remains unlawfully in a dwelling.
Criminal
trespass in the second degree is a class A misdemeanor.
491. CRIMINAL TRESPASS IN THE FIRST DEGREE
A Native
American is guilty of criminal trespass in the first degree when he
knowingly enters or remains unlawfully in a building, and when, in the
course of committing such crime, he:
1. Possesses,
or knows that another participant in the crime possesses, an explosive
or a deadly weapon; or
2. Possesses
a firearm, rifle or shotgun, and also possesses or has readily accessible
a quantity of ammunition which is capable of being discharged from
such firearm, rifle or shotgun; or
3. Knows
that another participant in the crime possesses a firearm, rifle or
shotgun under circumstances described in subdivision two.
Criminal
trespass in the first degree is a class D felony.
492. BURGLARY IN THE THIRD DEGREE
A Native
American is guilty of burglary in the third degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein.
Burglary
in the third degree is a class D felony.
493. BURGLARY IN THE SECOND DEGREE
A Native
American is guilty of burglary in the second degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein, and when:
1. In
effecting entry or while in the building or in immediate flight therefrom,
he or another participant in the crime:
A.
Is armed with explosives or a deadly weapon; or
B.
Causes physical injury to any person who is not a participant in
the crime; or
C.
Uses or threatens the immediate use of a dangerous instrument; or
D.
Displays what appears to be a pistol, revolver, rifle, shotgun,
machine or gun or other firearm
2. The
building is a dwelling.
Burglary
in the second degree is a class C felony.
494. BURGLARY IN THE FIRST DEGREE
A Native
American is guilty of burglary in the first degree when he knowingly
enters or remains unlawfully in a dwelling with intent to commit a crime
therein, and when, in effecting entry or while in the dwelling or in
immediate flight therefrom, he or another participant in the crime:
1. Is
armed with explosives or a deadly weapon; or
2. Causes
physical injury to any person who is not a participant in the crime;
or
3. Uses
or threatens the immediate use of a dangerous instrument; or
4. Displays
what appears to be a pistol, revolver, rifle, shotgun, machine gun
or other firearm; except that in any prosecution under this subdivision,
it is an affirmative defense that such pistol, revolver, rifle, shotgun,
machine gun or other firearm was not a loaded weapon from which a
shot, readily capable of producing death or other serious physical
injury, could be discharged. Nothing contained in this subdivision
shall constitute a defense to a prosecution for, or preclude a conviction
of, burglary in the second degree, burglary in the third degree or
any other crime.
Burglary
in the first degree is a class B felony.
495. POSSESSION OF BURGLAR'S TOOLS
A Native
American is guilty of possession of burglar's tools when he possesses
any tool, instrument or other article adapted, designed or commonly
used for committing or facilitating offenses involving forcible entry
into premises, or offenses involving larceny by a physical taking, or
offenses involving theft of services Under circumstances evincing an
intent to use or knowledge that some person intends to use the same
in the commission of an offense of such character.
Possession
of burglar's tools is a class A misdemeanor.
496. UNLAWFUL POSSESSION OF RADIO DEVICES
As used
in this section, the term "radio device" means any device
capable of receiving a wireless voice transmission on any frequency
allocated for police use, or any device capable of transmitting and
receiving a wireless voice transmission. A person is guilty of unlawful
possession of a radio device when he possesses a radio device with the
intent to use that device in the commission of robbery, burglary, or
larceny.
Unlawful
possession of a radio device is a class B misdemeanor.
497. CRIMINAL MISCHIEF IN THE FOURTH DEGREE
A Native
American is guilty of criminal mischief in the fourth degree when, having
no right to do so nor any reasonable ground to believe that he has such
right, he:
1. Intentionally
damages property of another person; or
2. Intentionally
participates in the destruction of a n abandoned building; or
3. Recklessly
damages property of another person in a n amount exceeding two hundred-
fifty dollars.
Criminal
mischief in the fourth degree is a class A misdemeanor.
498. CRIMINAL MISCHIEF IN THE THIRD DEGREE
A Native
American is guilty of criminal mischief in the third degree when, with
intent to damage property of another person, and having no right to
do so nor any reasonable ground to believe that he has such right, he
damages property of another person in an amount exceeding two hundred
fifty dollars.
Criminal
mischief in the third degree is a class E felony.
499. CRIMINAL MISCHIEF IN THE SECOND DEGREE
A Native
American is guilty of criminal mischief in the second degree when with
intent to damage property of another person, and having no right to
do so nor any reasonable ground to believe that he has such right, he
damages property of another person in an amount exceeding one thousand
five hundred dollars.
Criminal
mischief in the second degree is a class D felony.
500. CRIMINAL MISCHIEF IN THE FIRST DEGREE
A Native
American is guilty of criminal mischief in the first degree when with
intent to damage property of another person, and having no right to
do so nor any reasonable ground to believe that he has such right, he
damages property of another person by means of an explosive.
Criminal
mischief in the first degree is a class B felony.
501. CRIMINAL TAMPERING IN THE THIRD DEGREE
A Native
American is guilty of criminal tampering in the third degree when, having
no right to do so nor any reasonable ground to believe that he has such
right, he tampers with property of another person with intent to cause
substantial inconvenience to such person or to a third person.
Criminal
tampering in the third degree is a class B misdemeanor.
502. CRIMINAL TAMPERING IN THE SECOND DEGREE
A Native
American is guilty of criminal tampering in the second degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he tampers or makes connection with property of a gas,
electric, sewer, steam or water-works corporation, telephone or telegraph
corporation, common carrier, or public utility operated by a municipality
or district; except that in any prosecution under this section, it is
an affirmative defense that the defendant did not engage in such conduct
for a larcenous or otherwise unlawful or wrongful purpose.
Criminal
tampering in the second degree is a class A misdemeanor.
503. CRIMINAL TAMPERING IN THE FIRST DEGREE
A Native
American is guilty of criminal tampering in the first degree when, with
intent to cause a substantial interruption or impairment of a service
rendered to the public, and having no right to do so nor any reasonable
ground to believe that he has such right, he damages or tampers with
property of a gas, electric, sewer, steam or waterworks corporation,
telephone or telegraph corporation, common carrier, or public utility
operated by a municipality or district, and thereby causes such substantial
interruption or impairment of service.
Criminal
tampering in the first degree is a class D felony.
504. RECKLESS ENDANGERMENT OF PROPERTY
A Native
American is guilty of reckless endangerment of property when he recklessly
engages in conduct which creates a substantial risk of damage to the
property of another person in an amount exceeding two hundred fifty
dollars.
Reckless
endangerment of property is a class B misdemeanor.
505. UNLAWFULLY POSTING ADVERTISEMENTS
1. A
Native American is guilty of unlawfully posting advertisements when,
having no right to do so nor any reasonable ground to believe that
he has such right, he posts, paints or otherwise affixes to the property
of another person any advertisement, poster, notice or other matter
designed to benefit a person other than the owner of the property.
2. Where
such matter consists of a commercial advertisement, it shall be presumed
that the vendor of the specified product, service or entertainment
is a person who placed such advertisement or caused it to be placed
upon the property.
Unlawfully
posting advertisements is a violation.
506. TAMPERING WITH A CONSUMER PRODUCT; CONSUMER PRODUCT DEFINED
For the
purposes of sections 507 and 508 of this chapter, "consumer product"
means any drug, food, beverage or thing which is displayed or offered
for sale to the public, for administration into or ingestion by a human
being or for application to any external surface of a human being.
507. TAMPERING WITH A CONSUMER PRODUCT IN THE SECOND DEGREE
A Native
American is guilty of tampering with a consumer product in the second
degree when, having no right to do so nor any reasonable ground to believe
that he has such right, and with intent to cause physical injury to
another or with intent to instill in another a fear that he will cause
such physical injury, he alters, adulterates or otherwise contaminates
a consumer product.
Tampering
with a consumer product in the second degree is a class A misdemeanor.
508. TAMPERING WITH A CONSUMER PRODUCT IN THE FIRST DEGREE
A Native
American is guilty of tampering with a consumer product in the first
degree when, having no right to do so nor any reasonable ground to believe
that he has such right, and with intent to cause physical injury to
another or with intent to instill in another a fear that he will cause
such physical injury, he alters, adulterates or otherwise contaminates
a consumer product and thereby creates a substantial risk of serious
physical injury to one or more persons.
Tampering
with a consumer product in the first degree is a class E felony.
509. PENALTIES FOR LITTERING O N RAILROAD TRACKS AND RIGHTS-OF-WAY
1. No
person shall throw, dump, or cause to be thrown, dumped, deposited
or placed upon any railroad tracks, or within the limits of the rights-of-way
of any railroad, any refuse, trash, garbage, rubbish, litter or any
nauseous or offensive matter.
2. Where
a highway or road lies in whole or part within a railroad rights-of-way,
nothing in this section shall be construed as prohibiting the use
in a reasonable manner of ashes, sand, salt or other material for
the purpose of reducing the hazard of, or providing traction on snow,
ice or sleet situated on such highway or road.
3. A
violation of the provisions of subdivision one of this section shall
be punishable by a fine not to exceed two hundred fifty dollars and/or
a requirement to perform services for a public or not-for-profit corporation,
association, institution or agency not to exceed eight hours and for
any second or subsequent violation by a fine not to exceed five hundred
dollars and/or a requirement to perform services for a public or not-for-profit
corporation, association, institution or agency not to exceed eight
hours.
4. Nothing
in this section shall be deemed to apply to a railroad or its employees
when matter deposited by them on the railroad tracks or rights-of-way
is done pursuant to railroad rules, regulations or procedures.
510. MAKING GRAFFITI
1. For
purposes of this section, the term "graffiti" shall mean
the etching, painting, covering, drawing upon or otherwise placing
of a mark upon public or private property with intent to damage such
property.
2. No
person shall make graffiti of any type on any building, public or
private, or any other property real or personal owned by any person,
firm or corporation or any public agency or instrumentality, without
the express permission of the owner or operator of said property.
Making
graffiti is a class A misdemeanor.
511. ARSON; DEFINITIONS
As used
in this chapter,
1. "Building",
in addition to its ordinary meaning, includes any structure, vehicle
or watercraft used for overnight lodging of persons, or used by persons
for carrying on business therein. Where a building consists of two
or more units separately secured or occupied, each unit shall not
be deemed a separate building.
2. "Motor
vehicle", includes every vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except (a) electrically-driven invalid chairs being operated or driven
by an invalid, (b) vehicles which run only upon rails or tracks, and
( c ) snowmobiles.
512. ARSON IN THE FOURTH DEGREE
1. A
person is guilty of arson in fourth degree when he recklessly damages
a building or motor vehicle by intentionally starting a fire or causing
an explosion.
2. In
any prosecution under this section, it is an affirmative defense that
no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
Arson in
the fourth degree is a class E felony.
513. ARSON IN THE THIRD DEGREE
1. A
Native American is guilty of arson in the third degree when he intentionally
damages a building or motor vehicle by starting a fire or causing
an explosion.
2. In
any prosecution under this section, it is an affirmative defense that
(a) no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle, or if other persons had
such interests, all of them consented to the defendant's conduct,
and (b) the defendant's sole intent was to destroy or damage the building
or motor vehicle for a lawful and proper purpose, and (c) the defendant
had no reasonable ground to believe that his conduct might endanger
the life or safety of another person or damage another building or
motor vehicle.
Arson in
the third degree is a class C felony.
514. ARSON IN THE SECOND DEGREE
A Native
American is guilty of arson in the second degree when he intentionally
damages a building or motor vehicle by starting a fire, and when (a)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time, and (b) the defendant knows that
fact or the circumstances are such as to render the presence of such
a person therein a reasonable possibility.
Arson in
the second degree is a class B felony.
515. ARSON IN THE FIRST DEGREE
1. A
Native American is guilty of arson in the first degree when he intentionally
damages a building or motor vehicle by causing an-explosion or a fire
and when (a) such explosion or fire is caused by an incendiary device
propelled, thrown or placed inside or near such building or motor
vehicle; or when such explosion or fire is caused by an explosive;
or when such explosion or fire either (i) causes serious physical
injury to another person other than a participant, or (ii) the explosion
or fire was caused with the expectation or receipt of financial advantage
or pecuniary profit by the actor; and when (b) another person who
is not a participant in the crime is present in such building or motor
vehicle at the time; and (c) the defendant knows that fact or the
circumstances are such as to render the presence of such person therein
a reasonable possibility.
2. As
used in this section, "incendiary device" means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
Arson in
the first degree is a class A-1 felony.
F. OFFENSES INVOLVING THEFT
516. LARCENY; DEFINITIONS OF TERMS
The following
definitions are applicable to this title:
1. "Property"
means any money, personal property, real property, computer data,
computer program, thing in action, evidence of debt or contract, or
any article, substance or thing of value, including any gas, steam,
water or electricity, which is provided for a charge or compensation.
2. "Obtain"
includes, but is not limited to, the bringing about of a transfer
or purported transfer of property or of a legal interest therein,
whether to the obtainer or another.
3. "Deprive."
To "deprive" another of property means (a) to withhold it
or cause it to be withheld from him permanently or for so extended
a period or under such circumstances that the major portion of its
economic value or benefit is lost to him, or (b) to dispose of the
property in such manner or under such circumstances as to render it
unlikely that an owner will recover such property.
4. "Appropriate."
To "appropriate" property of another to oneself or a third
person means (a) to exercise control over it, 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 (b) to dispose of the property for the
benefit of oneself or a third person.
5. "Owner."
When property is taken, obtained or withheld by one person from another
person, an "owner" thereof means any person who has a right
to possession thereof superior to that of the taker, obtainer or withholder.
A person
who has obtained possession of property by theft or other illegal
means shall be deemed to have a right of possession superior to that
of a person who takes, obtains or withholds it from him by larcenous
means.
A joint
or common owner of property shall not be deemed to have a right of
possession thereto superior to that of any other joint or common owner
thereof.
In the
absence of a specific agreement to the contrary, a person in lawful
possession of property shall be deemed to have a right of possession
superior to that of a person having only a security interest therein,
even if legal title lies with the holder of the security interest
pursuant to a conditional sale contract or other security agreement.
6. "Secret
scientific material" means a sample, culture, micro-organism,
specimen, record, recording, document, drawing or any other article,
material, device or substance which constitutes, represents, evidences,
reflects, or records a scientific or technical process, invention
or formula or any part or phase thereof, and which is not, and is
not intended to be, available to anyone other than the person or persons
rightfully in possession thereof or selected persons having access
thereto with his or their consent, and when it accords or may accord
such rightful possessors an advantage over competitors or other persons
who do not have knowledge or the benefit thereof.
7. "Credit
card" means any instrument or article defined as a credit card.
8. "Debit
card" means any instrument or article defined as a debit card.
9. "Medical
assistance card" means an identification card given to an individual
for use in securing medical assistance.
10. "Access
device" means any telephone calling card number, credit card
number, account number or personal identification number that can
be used to obtain telephone service.
11. "Service"
includes, but is not limited to, labor, professional service, a computer
service, transportation service, the supplying of hotel accommodations,
restaurant services, entertainment, the supplying of equipment for
use, and the supplying of commodities of a public utility nature such
as gas, electricity, steam and water. A ticket or equivalent instrument
which evidences a right to receive a service is not in itself service
but constitutes property within the meaning of subdivision one.
12. "Cable
television service'' means any and all services provided by or through
the facilities of any cable television system or closed circuit coaxial
cable communications system, or any microwave or similar transmission
service used in connection with any cable television system or other
similar closed circuit coaxial cable communications system.
517. LARCENY; DEFINED
1. A
Native American steals property and commits larceny when, 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 an owner thereof.
2. Larceny
includes a wrongful taking, obtaining or withholding of another's
property, with the intent prescribed in subdivision one of this section,
committed in any of the following ways:
A.
By conduct heretofore defined or known as common law larceny by
trespassory taking, common law larceny by trick, embezzlement, or
obtaining property by false pretenses;
B.
By acquiring lost property.
A Native
American acquires lost property when 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;
C.
By committing the crime of issuing a bad check;
D.
By false promise.
A Native
American obtains property by false promise when, pursuant to a scheme
to defraud, he obtains 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.
In
any prosecution for larceny 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 wholly consistent with guilty intent or belief and wholly inconsistent
with innocent intent or belief, and excluding to a moral certainty
every hypothesis except that of the defendant's intention or belief
that the promise would not be performed;
E.
By extortion.
A Native
American obtains property by extortion when he compels or induces
another person to deliver such 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:
(i)
Cause physical injury to some person in the future; or
(ii)
Cause damage to property; or
(iii)
Engage in other conduct constituting a crime; or
(iv)
Accuse some person of a crime or cause criminal charges to be
instituted against him; or
(v)
Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(vi)
Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat
shall not be deemed extortion when the property is demanded or
received for the benefit of the group in whose interest the actor
purports to act; or
(vii)
Testify or provide information or withhold testimony or information
with respect to another"s legal claim or defense; or
(viii)
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
(ix)
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.
518. LARCENY; NO DEFENSE
The crimes
of (a) larceny committed by means of extortion and an attempt to commit
the same, and (b) bribe receiving by a labor official and bribe receiving
by a public servant are not mutually exclusive, and it is no defense
to a prosecution for larceny committed by means of extortion or for
an attempt to commit the same that, by reason of the same conduct, the
defendant also committed one of such specified crimes of bribe receiving.
519. LARCENY; DEFENSES
1. In
any prosecution for larceny committed by trespassory taking or embezzlement,
it is an affirmative defense that the property was appropriated under
a claim of right made in good faith.
2. In
any prosecution for larceny by extortion committed by instilling in
the victim a fear that he or another person would be charged with
a crime, it is an affirmative defense that the defendant reasonably
believed the threatened charge to be true and that his sole purpose
was to compel or induce the victim to take reasonable action to make
good the wrong which was the subject of such threatened charge.
520. LARCENY; VALUE OF STOLEN PROPERTY
For the
purposes of this title, the value of property shall be ascertained as
follows:
1. Except
as otherwise specified in this section, value means the market value
of the property at the time and place of the crime, or if such cannot
be satisfactorily ascertained, the cost of replacement of the property
within a reasonable time after the crime.
2. Whether
or not they have been issued or delivered, certain written instruments,
not including those having a readily ascertainable market value such
as some public and corporate bonds and securities, shall be evaluated
as follows :
A.
The value of an instrument constituting an evidence of debt, such
as a check, draft or promissory note, shall be deemed the amount
due or collectable thereon or thereby, such figure ordinarily being
the face amount of the indebtedness less any portion thereof which
has been satisfied.
B.
The value of a ticket or equivalent instrument which evidences a
right to receive a transportation, entertainment or other service
shall be deemed the price stated thereon, if any; and if no price
is stated thereon the value shall be deemed the price of such ticket
or equivalent instrument which the issuer charges the general public.
C.
The value of any other instrument which creates, releases, discharges
or otherwise affects any valuable legal right, privilege or obligation
shall be deemed the greatest amount of economic loss which the owner
of the instrument might reasonably suffer by virtue of the loss
of the instrument.
3. Where
the property consists of gas, steam, water or electricity, which is
provided for charge or compensation, the value shall be the value
of the property stolen in any consecutive twelve-month period.
4. When
the value of property cannot be satisfactorily ascertained pursuant
to the standards set forth in subdivisions one and two of this section,
its value shall be deemed to be an amount less than two hundred fifty
dollars.
521. PETIT LARCENY
A Native
American is guilty of petit larceny when he steals property.
Petit larceny
is a class A misdemeanor.
522. GRAND LARCENY IN THE FOURTH DEGREE
A Native
American is guilty of grand larceny in the fourth degree when he steals
property and when:
1. The
value of the property exceeds one thousand dollars; or
2. The
property consists of a public record, writing or instrument kept,
filed or deposited according to law with or in the keeping of any
public office or public servant; or
3. The
property consists of secret scientific material; or
4. The
property consists of a credit card or debit card; or
5. The
property, regardless of its nature and value, is taken from the person
of another; or
6. The
property, regardless of its nature and value, is obtained by extortion;
or
7. The
property consists of one or more firearms, rifles or shotguns.
8. The
value of the property exceeds one hundred dollars and the property
consists of a motor vehicle, other than a motorcycle.
9. The
property consists of a scroll, religious vestment, vessel or other
item of property having a value of at least one hundred dollars kept
for or used in connection with religious worship in any building or
structure.
10. The
property consists of an access device which the person intends to
use unlawfully to obtain telephone service.
Grand larceny
in the fourth degree is a class E felony.
523. GRAND LARCENY IN THE THIRD DEGREE
A Native
American is guilty of grand larceny in the third degree when he steals
property and when the value of the property exceeds three thousand dollars.
Grand larceny
in the third degree is a class D felony.
524. GRAND LARCENY IN THE SECOND DEGREE
A Native
American is guilty of grand larceny in the second degree when he steals
property and when:
1. The
value of the property exceeds fifty thousand dollars; or
2. The
property, regardless of its nature and value, is obtained by extortion
committed by instilling in the victim a fear that the actor or another
person will (a) cause physical injury to some person in the future,
or (b) cause damage to property, or (c) use or abuse his position
as a public servant by engaging in conduct 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.
Grand larceny
in the second degree is a class C felony.
525. GRAND LARCENY IN THE FIRST DEGREE
A Native
American is guilty of grand larceny in the first degree when he steals
property and when the value of the property exceeds one million dollars.
Grand larceny
in the first degree is a class B felony.
526. LARCENY; PLEADING AND PROOF
1. Where
it is an element of the crime charged that property was taken from
the person or obtained by extortion, a complaint for larceny must
so specify. In all other cases, complaint for larceny is sufficient
if it alleges that the defendant stole property of the nature or value
required for the commission of the crime charged without designating
the particular way or manner in which such property was stolen or
the particular theory of larceny involved.
2. Proof
that the defendant engaged in any conduct constituting larceny is
sufficient to support any complaint for larceny other than one charging
larceny by extortion. An indictment charging larceny by extortion
must be supported by proof establishing larceny by extortion.
527. OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS
The following
definitions are applicable to this code except where different meanings
are expressly specified:
1. "Computer"
means a device or group of devices which, by manipulation of electronic,
magnetic, optical or electrochemical impulses, pursuant to a computer
program, can automatically perform arithmetic, logical, storage or
retrieval operations with or on computer data, and includes any connected
or directly related device, equipment or facility which enables such
computer to store, retrieve or communicate to or from a person, another
computer or another device the results of computer operations, computer
programs or computer data.
2. "Computer
program" is property and means an ordered set of data representing
coded instructions or statements that, when executed by computer,
cause the computer to process data or direct the computer to perform
one or more computer operations or both and may be in any form, including
magnetic storage media, punched cards, or stored internally in the
memory of the computer.
3. "Computer
data" is property and means a representation of information,
knowledge, facts, concepts or instructions which are being processed,
or have been processed in a computer and may be in any form, including
magnetic storage media, punched cards, or stored internally in the
memory of the computer.
4. "Computer
service'' means any and all services provided by or through the facilities
of any computer communication system allowing the input, output, examination,
or transfer, of computer data or computer programs from one computer
to another.
5. "Computer
material" is property and means any computer data or computer
program which:
A.
contains records of the medical history or medical treatment of
an identified or readily identifiable individual or individuals.
This term shall not apply to the gaining access to or duplication
solely of the medical history or medical treatment records of a
person by that person or by another specifically authorized by the
person whose records are gained access to or duplicated; or
B.
contains records maintained by the Nation or any political subdivision
thereof which contains any information, concerning a person, which
because of name, number, symbol, mark or other identifier, can be
used to identify the person and which is otherwise prohibited by
law from being disclosed. This term shall not apply to the gaining
access to or duplication solely of records of a person by that person
or by another specifically authorized by the person whose records
are gained access to or duplicated; or
C.
is not and is not intended to be available to anyone other than
the person or persons rightfully in possession thereof or selected
persons having access thereto with his or their consent and which
accords or may accord such rightful possessors an advantage over
competitors or other persons who do not have knowledge or the benefit
thereof.
6. "Uses
a computer or computer service without authorization" means the
use of a computer or computer service without the permission of, or
in excess of the permission of, the owner or lessor or someone licensed
or privileged by the owner or lessor after notice to that effect to
the user of the computer or computer service has been given by:
A.
giving actual notice in writing or orally to the user; or
B.
prominently posting written notice adjacent to the computer being
utilized by the user; or
C.
a notice that is displayed on, printed out on or announced by the
computer being utilized by the user. Proof that the computer is
programmed to automatically display, print or announce such notice
or a notice prohibiting copying, reproduction or duplication shall
be presumptive evidence that such notice was displayed, printed
or announced.
7. "Felony"
as used in this section means any felony defined by Nation laws or
any offense defined in the laws of any other jurisdiction for which
a sentence to a term of imprisonment not to exceed one year is authorized.
528. UNAUTHORIZED USE OF A COMPUTER
A Native
American is guilty of unauthorized use of a computer when he knowingly
uses or causes to be used a computer or computer service without authorization
and the computer utilized is equipped or programmed with any device
or coding system, a function of which is to prevent the unauthorized
use of said computer or computer system.
Unauthorized
use of a computer is a class A misdemeanor.
529. COMPUTER TRESPASS
A Native
American is guilty of computer trespass when he knowingly uses or causes
to be used a computer or computer service without authorization and:
1. he
does so with an intent to commit or attempt to commit or further the
commission of any felony; or
2. he
thereby knowingly gains access to computer material.
Computer
trespass is a class E felony.
530. COMPUTER TAMPERING IN THE SECOND DEGREE
A Native
American is guilty of computer tampering in the second degree when he
uses or causes to be used a computer or computer service and having
no right to do so he intentionally alters in any manner or destroys
computer data or a computer program of another person.
Computer
tampering in the second degree is a class A misdemeanor.
531. COMPUTER TAMPERING IN THE FIRST DEGREE
A Native
American is guilty of computer tampering in the first degree when he
commits the crime of computer tampering in the second degree and:
1. he
does so with an intent to commit or attempt to commit or further the
commission of any felony; or
2. he
has been previously convicted of any crime under this section; or
3. he
intentionally alters in any manner or destroys computer material;
or
4. he
intentionally alters in any manner or destroys computer data or a
computer program in an amount exceeding one thousand dollars.
Computer
tampering in the first degree is a class E felony.
532. UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL
A Native
American is guilty of unlawful duplication of computer related material
when having no right to do so, he copies, reproduces or duplicates in
any manner:
1. any
computer data or computer program and thereby intentionally and wrongfully
deprives or appropriates from an owner thereof an economic value or
benefit in excess of two thousand five hundred dollars; or
2. any
computer data or computer program with an intent to commit or attempt
to commit or further the commission of any felony.
Unlawful
duplication of computer related material is a class E felony.
533. CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL
A Native
American is guilty of criminal possession of computer related material
when having no right to do so, he knowingly possesses, in any form,
any copy, reproduction or duplicate of any computer data or computer
program which was copied, reproduced or duplicated in violation of section
532 of this section, with intent to benefit himself or a person other
than an owner thereof.
Criminal
possession of computer related material is a class E felony.
534. OFFENSES INVOLVING COMPUTERS; DEFENSES
In any
prosecution:
1. under
section 528 or 529 of this chapter, it shall b e a defense that the
defendant had reasonable grounds to believe that he had authorization
to use the computer;
2. under
section 530 or 531 of this chapter it shall be a defense that the
defendant had reasonable grounds to believe that he had the right
to alter in any manner or destroy the computer data or the computer
program;
3. under
section 532 of this chapter it shall be a defense that the defendant
had reasonable grounds to believe that he had the right to copy, reproduce
or duplicate in any manner the computer data or the computer program.
535. ROBBERY; DEFINED
Robbery
is forcible stealing. A person forcibly steals property and commits
robbery when, in the course of committing a larceny, he uses or threatens
the immediate use of physical force upon another person for the purpose
of:
1. Preventing
or overcoming resistance to the taking of the property or to the retention
thereof immediately after the taking; or
2. Compelling
the owner of such property or another person to deliver up the property
or to engage in other conduct which aids in the commission of the
larceny.
536. ROBBERY IN THE THIRD DEGREE
A Native
American is guilty of robbery in the third degree when he forcibly steals
property.
Robbery
in the third degree is a class D felony.
537. ROBBERY IN THE SECOND DEGREE
A Native
American is guilty of robbery in the second degree when he forcibly
steals property and when:
1. He
is aided by another person actually present; or
2. In
the course of the commission of the crime or of immediate flight therefrom,
he or another participant in the crime:
A.
Causes physical injury to any person who is not a participant in
the crime; or
B.
Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
Robbery
in the second degree is a class C felony.
538. ROBBERY IN THE FIRST DEGREE
A Native
American is guilty of robbery in the first degree when he forcibly steals
property and when, in the course of the commission of the crime or of
immediate flight therefrom, he or another participant in the crime:
1. Causes
serious physical injury to any person who is not a participant in
the crime; or
2. Is
armed with a deadly weapon; or
3. Uses
or threatens the immediate use of a dangerous instrument; or
4. Displays
what appears to be a pistol, revolver, rifle, shotgun, machine gun
or other firearm; except that in any prosecution under this subdivision,
it is an affirmative defense that such pistol, revolver, rifle, shotgun,
machine gun or other firearm was not a loaded weapon from which a
shot, readily capable of producing death or other serious physical
injury, could be discharged. Nothing contained in this subdivision
shall constitute a defense to a prosecution for, or preclude a conviction
of, robbery in the second degree, robbery in the third degree or any
other crime.
Robbery
in the first degree is a class B felony.
539. MISAPPLICATION OF PROPERTY
1. A
Native American is guilty of misapplication of property when, knowingly
possessing personal property of another pursuant to an agreement that
the same will be returned to the owner at a future time, he loans,
leases, pledges, pawns or otherwise encumbers such property without
the consent of the owner thereof in such manner as to create a risk
that the owner will not be able to recover it or will suffer pecuniary
loss.
2. In
any prosecution under this section, it is a defense that, at the time
the prosecution was commenced, (a) the defendant had recovered possession
of the property, unencumbered as a result of the unlawful disposition,
and (b) the owner had suffered no material economic loss as a result
of the unlawful disposition.
Misapplication
of property is a class A misdemeanor.
540. UNAUTHORIZED USE OF A VEHICLE IN THE THIRD DEGREE
A Native
American is guilty of unauthorized use of a vehicle in the third degree
when:
1. Knowing
that he does not have the consent of the owner, he takes, operates,
exercises control over, rides in or otherwise uses a vehicle. A person
who engages in any such conduct without the consent of the owner is
presumed to know that he does not have such consent; or
2. Having
custody of a vehicle pursuant to an agreement between himself or another
and the owner thereof whereby he or another is to perform for compensation
a specific service for the owner involving the maintenance, repair
or use of such vehicle, he intentionally uses or operates the same,
without the consent of the owner, for his own purposes in a manner
constituting a gross deviation from the agreed purpose; or
3. Having
custody of a vehicle pursuant to an agreement with the owner thereof
whereby such vehicle is to be returned to the owner at a specified
time, he intentionally retains or withholds possession thereof, without
the consent of the owner, for so lengthy a period beyond the specified
time as to render such retention or possession a gross deviation from
the agreement.
For purposes
of this section "a gross deviation from the agreement" shall
consist of, but not be limited to, circumstances wherein a person who
having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such vehicle for
at least seven days beyond the period specified in the agreement and
continues such possession for a period of more than two days after service
or refusal of attempted service of a notice in person or by certified
mail at an address indicated in the agreement stating (i) the date and
time at which the vehicle was to have been returned under the agreement;
(ii) that the owner does not consent to the continued withholding or
retaining of such vehicle and demands its return.
Unauthorized
use of a vehicle in the third degree is a class A misdemeanor.
541. UNAUTHORIZED USE OF A VEHICLE IN THE SECOND DEGREE
A Native
American is guilty of unauthorized use of a vehicle in the second degree
when:
He commits
the crime of unauthorized use of a vehicle in the third degree as defined
in subdivision one of section 540 of this Code and has been previously
convicted of the crime of unauthorized use of a vehicle in the third
degree as defined in subdivision one of section 540 or second degree
within the preceding ten years.
Unauthorized
use of a vehicle in the second degree is a class E felony.
542. UNLAWFUL USE OF SECRET SCIENTIFIC MATERIAL
A Native
American is guilty of unlawful use of secret scientific material when,
with intent to appropriate to himself or another the use of secret scientific
material, and having no right to do so and no reasonable ground to believe
that he has such right, he makes a tangible reproduction or representation
of such secret scientific material by means of writing, photographing,
drawing, mechanically or electronically reproducing or recording such
secret scientific material.
Unlawful
use of secret scientific material is a class E felony.
543. UNAUTHORIZED USE OF A VEHICLE IN THE FIRST DEGREE
A Native
American is guilty of unauthorized use of a vehicle in the first degree
when knowing that he does not have the consent of the owner, he takes,
operates, exercises control over, rides in or otherwise uses a vehicle
with the intent to use the same in the course of or the commission of
a class A, class B, class C or class D felony or in the immediate flight
therefrom. A person who engages in any such conduct without the consent
of the owner is presumed to know he does not have such consent.
Unauthorized
use of a vehicle in the first degree is a class D felony.
544. AUTO STRIPPING IN THE SECOND DEGREE
A Native
American is guilty of auto stripping in the second degree when:
1. He
removes or intentionally destroys or defaces any part of a vehicle,
other than an abandoned vehicle, as defined in subdivision one of
section 172 of the Vehicle and Traffic Code, without the permission
of the owner; or
2. He
removes or intentionally destroys or defaces any part of an abandoned
vehicle, except that it is a defense to such charge that such person
was authorized to do so pursuant to law or by permission of the owner.
Auto stripping
in the second degree is a class A misdemeanor.
545. AUTO STRIPPING IN THE FIRST DEGREE
A Native
American is guilty of auto stripping in the first degree when he commits
the offense of auto stripping in the second degree and when he has been
previously convicted within the last five years of either auto stripping
in the second degree.
Auto stripping
in the first degree is a class E felony.
546. THEFT OF SERVICES
A Native
American is guilty of theft of services when:
1. He
obtains or attempts to obtain a service, or induces or attempts to
induce the supplier of a rendered service to agree to payment therefor
on a credit basis, by the use of a credit card, debit card, or medical
assistance card which he knows to be stolen.
2. With
intent to avoid payment for restaurant services rendered, or for services
rendered to him as a transient guest at a hotel, motel, inn, tourist
cabin, rooming house or comparable establishment, he avoids or attempts
to avoid such payment by unjustifiable failure or refusal to pay,
by stealth, or by any misrepresentation of fact which he knows to
be false. A person who fails or refuses to pay for such services is
presumed to have intended to avoid payment therefor; or
3. With
intent to obtain railroad, subway, bus, air, taxi or any other public
transportation service without payment of the lawful charge therefor,
or to avoid payment of the lawful charge for such transportation service
which has been rendered to him, he obtains or attempts to obtain such
service or avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjustifiable
failure or refusal to pay; or
4. With
intent to avoid payment by himself or another person of the lawful
charge for any telecommunications service, including, without limitation,
cable television service, or any gas, steam, sewer, water, electrical,
telegraph or telephone service which is provided for a charge or compensation,
he obtains or attempts to obtain such service for himself or another
person or avoids or attempts to avoid payment therefor by himself
or another person by means of (a) tampering or making connection with
the equipment of the supplier, whether by mechanical, electrical,
acoustical or other means, or (b) offering for sale or otherwise making
available, to anyone other than the provider of a telecommunications
service for such service provider's own use in the provision of its
service, any telecommunications decoder or descrambler, a principal
function of which defeats a mechanism of electronic signal encryption,
jamming or individually addressed switching imposed by the provider
of any such telecommunications service to restrict the delivery of
such service, or (c) any misrepresentation of fact which he knows
to be false, or (d) any other artifice, trick, deception, code or
device. For the purposes of this subdivision the telecommunications
decoder or descrambler described in paragraph (b) above or the device
described in paragraph (d) above shall not include any non-decoding
and non-descrambling channel frequency converter or any television
receiver type-accepted by the federal communications commission. In
any prosecution under this subdivision, proof that telecommunications
equipment, including, without limitation, any cable television converter,
descrambler, or related equipment, has been tampered with or otherwise
intentionally prevented from performing its functions of control of
service delivery without the consent of the supplier of the service,
or that telecommunications equipment, including, without limitation,
any cable television converter, descrambler, receiver, or related
equipment, has been connected to the equipment of the supplier of
the service without the consent of the supplier of the service, shall
be presumptive evidence that the resident to whom the service which
is at the time being furnished by or through such equipment has, with
intent to avoid payment by himself or another person for a prospective
or already rendered service, created or caused to be created with
reference to such equipment, the condition so existing. A person who
tampers with such a device or equipment without the consent of the
supplier of the service is presumed to do so with intent to avoid,
or to enable another to avoid, payment for the service involved. In
any prosecution under this subdivision, proof that any telecommunications
decoder or descrambler, a principal function of which defeats a mechanism
of electronic signal encryption, jamming or individually addressed
switching imposed by the provider of any such telecommunications service
to restrict the delivery of such service, has been offered for sale
or otherwise made available by anyone other than the supplier of such
service shall be presumptive evidence that the person offering such
equipment for sale or otherwise making it available has, with intent
to avoid payment by himself or another person of the lawful charge
for such service, obtained or attempted to obtain such service for
himself or another person or avoided or attempted to avoid payment
therefor by himself or another person; or
5. With
intent to avoid payment by himself or another person of the lawful
charge for any telephone service which is provided for a charge or
compensation he (a) sells, offers for sale or otherwise makes available,
without consent, an existing, canceled or revoked access device; or
(b) uses, without consent, an existing, canceled or revoked access
device. For purposes of this subdivision access device means any telephone
calling card number, credit card number, account number or personal
identification number that can be used to obtain telephone service.
6 . With
intent to avoid payment by himself or another person for a prospective
or already rendered service the charge or compensation for which is
measured by a meter or other mechanical device, he tampers with such
device or with other equipment related thereto, or in any manner attempts
to prevent the meter or device from performing its measuring function,
without the consent of the supplier of the service. In any prosecution
under this subdivision, proof that a meter or related equipment has
been tampered with or otherwise intentionally prevented from performing
its measuring function without the consent of the supplier of the
service shall be presumptive evidence that the person to whom the
service which is at the time being furnished by or through such meter
or related equipment has, with intent to avoid payment by himself
or another person for a prospective or already rendered service, created
or caused to be created with reference to such meter or related equipment,
the condition so existing. A person who tampers with such a device
or equipment without the consent of the supplier of the service is
presumed to do so with intent to avoid, or to enable another to avoid,
payment for the service involved; or
7. He
knowingly accepts or receives the use and benefit of service, including
gas, steam or electricity service, which should pass through a meter
but has been diverted therefrom, or which has been prevented from
being correctly registered by a meter provided therefore, or which
has been diverted from the pipes, wires or conductors of the supplier
thereof. In any prosecution under this subdivision proof that service
has been intentionally diverted from passing through a meter, or has
been intentionally prevented from being correctly registered by a
meter provided therefor, or has been intentionally diverted from the
pipes, wires or conductors of the supplier thereof, shall be presumptive
evidence that the person who accepts or receives the use and benefit
of such service has done so with knowledge of the condition so existing;
or
8. With
intent to obtain, without the consent of the supplier thereof, gas,
electricity, water, steam or telephone service, he tampers with any
equipment designed to supply or to prevent the supply of such service
either to the community in general or to particular premises; or
9. With
intent to avoid payment of the lawful charge for admission to any
theater or concert hall, or with intent to avoid payment of the lawful
charge for admission to or use of a chair lift, gondola, rope-tow
or similar mechanical device utilized in assisting skiers in transportation
to a point of ski arrival or departure, he obtains or attempts to
obtain such admission without payment of the lawful charge therefor.
10. Obtaining
or having control over labor in the employ of another person, or of
business, commercial or industrial equipment or facilities of another
person, knowing that he is not entitled to the use thereof, and with
intent to derive a commercial or other substantial benefit for himself
or a third person, he uses or diverts to the use of himself or a third
person such labor, equipment or facilities.
11. With
intent to avoid payment by himself or another person of the lawful
charge for use of any computer or computer service which is provided
for a charge or compensation he uses, causes to be used or attempts
to use a computer or computer service and avoids or attempts to avoid
payment therefor. In any prosecution under this subdivision proof
that a person overcame or attempted to overcome any device or coding
system a function of which is to prevent the unauthorized use of said
computer or computer service shall be presumptive evidence of an intent
to avoid payment for the computer or computer service. Theft of services
is a class A misdemeanor, provided, however, that theft of cable television
service as defined by the provisions of paragraphs (a), (c) and (d)
of subdivision four of this section, and having a value not in excess
of one hundred dollars by a person who has not been previously convicted
of theft of services under subdivision four of this section is a violation,
that theft of services under subdivision nine of this section by a
person who has not been previously convicted of theft of services
under subdivision nine of this section is a violation and provided
further, however, that theft of services of any telephone service
under paragraph (a) or (b) of subdivision five of this section having
a value in excess of one thousand dollars or by a person who has been
previously convicted within five years of theft of services under
paragraph (a) of subdivision five of this section is a class E felony.
547. UNLAWFUL USE OF CREDIT CARD, DEBIT CARD OR MEDICAL ASSISTANCE
CARD
A Native
American is guilty of unlawful use of credit card, debit card or medical
assistance card when in the course of obtaining or attempting to obtain
property or a service, he uses or displays a credit card, debit card
or medical assistance card which he knows to be revoked or cancelled.
Unlawful
use of a credit card, debit card or medical assistance card is a class
A misdemeanor.
548. FRAUDULENTLY OBTAINING A SIGNATURE
A Native
American is guilty of fraudulently obtaining a signature when, with
intent to defraud or injure another or to acquire a substantial benefit
for himself or a third person, he obtains the signature of a person
to a written instrument by means of any misrepresentation of fact which
he knows to be false.
Fraudulently
obtaining a signature is a class A misdemeanor.
549. JOSTLING
A Native
American is guilty of jostling when, in a public place, he intentionally
and unnecessarily:
1. Places
his hand in the proximity of a person's pocket or handbag; or
2. Jostles
or crowds another person at a time when a third person's hand is in
the proximity of such person's pocket or handbag.
Jostling
is a class A misdemeanor.
550. FRAUDULENT ACCOSTING
1. A
Native American is guilty of fraudulent accosting when he accosts
a person in a public place with intent to defraud him of money or
other property by means of a trick, swindle or confidence game.
2. A
Native American who, either at the time he accosts another in a public
place or at some subsequent time or at some other place, makes statements
to him or engages in conduct with respect to him of a kind commonly
made or performed in the perpetration of a known type of confidence
game, is presumed to intend to defraud such person of money or other
property.
Fraudulent
accosting is a class A misdemeanor.
551. FORTUNE TELLING
A Native
American is guilty of fortune telling when, for a fee or compensation
which he directly or indirectly solicits or receives, he claims or pretends
to tell fortunes, or holds himself out as being able, by claimed or
pretended use of occult powers, to answer questions or give advice on
personal matters or to exorcise, influence or affect evil spirits or
curses; except that this section does not apply to a person who engages
in the above-described conduct as part of a show or exhibition solely
for the purpose of entertainment or amusement.
Fortune
telling is a class B misdemeanor.
552. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE
A Native
American is guilty of criminal possession of stolen property in the
fifth degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof.
Criminal
possession of stolen property in the fifth degree is a class A misdemeanor.
553. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE
A Native
American is guilty of criminal possession of stolen property in the
fourth degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when:
1. The
value of the property exceeds one thousand dollars; or
2. The
property consists of a credit card or debit card; or
3. He
is a collateral loan broker or is in the business of buying, selling
or otherwise dealing in property; or
4. The
property consists of one or more firearms, rifles and shotguns; or
5. The
value of the property exceeds one hundred dollars and the property
consists of a motor vehicle, other than a motorcycle; or
6 . The
property consists of a scroll, religious vestment, vessel or other
item of property having a value of at least one hundred dollars kept
for or used in connection with religious worship.
Criminal
possession of stolen property in the fourth degree is a class E felony.
554. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE
A Native
American is guilty of criminal possession of stolen property in the
third degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when the value of the property
exceeds three thousand dollars.
Criminal
possession of stolen property in the third degree is a class D felony.
555. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE
A Native
American is guilty of criminal possession of stolen property in the
second degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when the value of the property
exceeds fifty thousand dollars.
Criminal
possession of stolen property in the second degree is a class C felony.
556. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE
A Native
American is guilty of criminal possession of stolen property in the
first degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner, and when the value of the property exceeds
one million dollars.
Criminal
possession of stolen property in the first degree is a class B felony.
557. CRIMINAL POSSESSION OF STOLEN PROPERTY; PRESUMPTIONS
1. A
Native American who knowingly possesses stolen property is presumed
to possess it with intent to benefit himself or a person other than
an owner thereof or to impede the recovery by an owner thereof.
2. A
collateral loan broker or a person in the business of buying, selling
or otherwise dealing in property who possesses stolen property is
presumed to know that such property was stolen if he obtained it without
having ascertained by reasonable inquiry that the person from whom
he obtained it had a legal right to possess it.
3. A
Native American who possesses two or more stolen credit cards or debit
cards is presumed to know that such credit cards or debit cards were
stolen.
4. A
Native American who possesses three or more tickets or equivalent
instrument for air transportation service, which tickets or instruments
were stolen by reason of having been obtained from the issuer or agent
thereof by the use of one or more stolen or forged credit cards, is
presumed to know that such tickets or instruments were stolen.
558. CRIMINAL POSSESSION OF STOLEN PROPERTY; NO DEFENSE
In any
prosecution for criminal possession of stolen property, it is no defense
that:
1. The
Native American who stole the property has not been convicted, apprehended
or identified; or
2. The
defendant stole or participated in the larceny of the property; or
3 . The
larceny of the property did not occur in this state.
559. CRIMINAL POSSESSION OF STOLEN PROPERTY; CORROBORATION
1. A
Native American charged with criminal possession of stolen property
who participated in the larceny thereof may not be convicted of criminal
possession of such stolen property solely upon the testimony of an
accomplice in the larceny unsupported by corroborative evidence tending
to connect the defendant with such criminal possession.
2. Unless
inconsistent with the provisions of subdivision one of this section,
a person charged with criminal possession of stolen property may be
convicted thereof solely upon the testimony of one from whom he obtained
such property or solely upon the testimony of one to whom he disposed
of such property.
560. DEFINITIONS
As used
in sections 521, 562, 563 and 564, the following terms have the following
definitions:
1. The
term "trademark" means any word, name, symbol, or device,
or any combination thereof adopted and used by a person to identify
goods made by a person and which distinguish them from those manufactured
or sold by others which is in use and which is registered, filed or
recorded under the laws of a state or is registered in the principal
register of the United States patent and trademark office.
2. The
term "counterfeit trademark" means a spurious trademark
or an imitation of a trademark that is:
A.
used in connection with trafficking in goods; and
B.
used in connection with the sale, offering for sale or distribution
of goods that are identical with or substantially indistinguishable
from a trademark as defined in subdivision one of this section.
The term
"counterfeit trademark" does not include any mark used in
connection with goods for which the person using such mark was authorized
to use the trademark for the type of goods so manufactured or produced
by the holder of the right to use such mark or designation, whether
or not such goods were manufactured or produced in the United States
or in another country, and does not include imitations of trade dress
or packaging such as color, shape and the like unless those features
have been registered as trademarks as defined in subdivision one of
this section.
3. The
term "traffic" means to transport, transfer, or otherwise
dispose of, to another, as consideration for anything of value, or
to obtain control of with intent to so transport, transfer, or otherwise
dispose of.
4. The
term "goods" means any products, services, objects, materials,
devices or substances which are identified by the use of a trademark.
561. TRADEMARK COUNTERFEITING IN THE THIRD DEGREE
A Native
American is guilty of trademark counterfeiting in the third degree when,
with the intent to deceive or defraud some other person or with the
intent to evade a lawful restriction on the sale, resale, offering for
sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark,
or possesses a trademark knowing it to be counterfeit for the purpose
of affixing it to any goods.
Trademark
counterfeiting in the third degree is a class A misdemeanor.
562. TRADEMARK COUNTERFEITING IN THE SECOND DEGREE
A Native
American is guilty of trademark counterfeiting in the second degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark,
or possesses a trademark knowing it to be counterfeit for the purpose
of affixing it to any goods, and the value of such goods, or trademark
exceeds one thousand dollars.
Trademark
counterfeiting in the second degree is a class E felony.
563. TRADEMARK COUNTERFEITING IN THE FIRST DEGREE
A Native
American is guilty of trademark counterfeiting in the first degree when,
with the intent to deceive or defraud some other person, or with the
intent to evade a lawful restriction on the sale, resale, offering for
sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark,
or possesses a trademark knowing it to be counterfeit for the purpose
of affixing it to any goods, and the value of such goods or trademark
exceeds one hundred thousand dollars.
Trademark
counterfeiting in the first degree is a class C felony.
564. SEIZURE AND DESTRUCTION OF GOODS BEARING COUNTERFEIT TRADEMARKS
Any goods
manufactured, sold, offered for sale, distributed or produced in violation
of this chapter may be seized by any police officer, who must deliver
the same to the judge before whom the person arrested is required to
be taken. The judge must, upon arraignment of the defendant, determine
whether the goods had been manufactured, sold, offered for sale, distributed
or produced in violation of this section, and upon a finding that the
goods had been manufactured, sold, offered for sale, distributed, or
produced in violation of this section, shall cause such articles to
be delivered to the Nation Prosecutor. Upon conviction of the defendant,
the Nation Prosecutor must cause to be destroyed the articles in respect
whereof the defendant stands convicted, and which remain in the possession
and control of the Nation Prosecutor. Destruction shall not include
auction, sale or distribution of the items in their original form.
G. OFFENSES INVOLVING FRAUD
565. FORGERY; DEFINITIONS OF TERMS
1. "Written
instrument" means any instrument or article, including computer
data or a computer program, containing written or printed matter or
the equivalent thereof, used for the purpose of reciting, embodying,
conveying or recording information, or constituting a symbol or evidence
of value, right, privilege or identification, which is capable of
being used to the advantage or disadvantage of some person.
2. "Complete
written instrument" means one which purports to be a genuine
written instrument fully drawn with respect to every essential feature
thereof. An endorsement, attestation, acknowledgment or other similar
signature or statement is deemed both a complete written instrument
in itself and a part of the main instrument in which it is contained
or to which it attaches.
3. "Incomplete
written instrument" means one which contains some matter by way
of content or authentication but which requires additional matter
in order to render it a complete written instrument.
4. "Falsely
make." A person "falsely makes" a written instrument
when he makes or draws a complete written instrument in its entirety,
or an incomplete written instrument, which purports to be an authentic
creation of its ostensible maker or drawer, but which is not such
either because the ostensible maker or drawer is fictitious or because,
if real, he did not authorize the making or drawing thereof.
5. "Falsely
complete." A person "falsely completes'' a written instrument
when, by adding, inserting or changing matter, he transforms an incomplete
written instrument into a complete one, without the authority of anyone
entitled to grant it, so that such complete instrument appears or
purports to be in all respects an authentic creation of or fully authorized
by its ostensible maker or drawer.
6. "Falsely
alter." A person "falsely alters" a written instrument
when, without the authority of anyone entitled to grant it, he changes
a written instrument, whether it be in complete or incomplete form,
by means of erasure, obliteration, deletion, insertion of new matter,
transposition of matter, or in any other manner, so that such instrument
in its thus altered form appears or purports to be in all respects
an authentic creation of or fully authorized by its ostensible maker
or drawer.
7. "Forged
instrument" means a written instrument which has been falsely
made, completed or altered.
566. FORGERY IN THE THIRD DEGREE
A Native
American is guilty of forgery in the third degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument.
Forgery
in the third degree is a class A misdemeanor.
567. FORGERY IN THE SECOND DEGREE
A Native
American is guilty of forgery in the second degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
1. A
deed, will, codicil, contract, assignment, commercial instrument,
credit card, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right, interest, obligation
or status; or
2. A
public record, or an instrument filed or required or authorized by
law to be filed in or with a public office or public servant; or
3. A
written instrument officially issued or created by a public office,
public servant or governmental instrumentality; or
4. Part
of an issue of tokens, public transportation transfers, certificates
or other articles manufactured and designed for use as symbols of
value usable in place of money for the purchase of property or services;
or
5. A
prescription of a duly licensed physician or other person authorized
to issue the same for any drug or any instrument or device used in
the taking or administering of drugs for which a prescription is required
by law.
Forgery
in the second degree is a class D felony.
568. FORGERY IN THE FIRST DEGREE
A Native
American is guilty of forgery in the first degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
1. Part
of an issue of money, stamps, securities or other valuable instruments
issued by a government or governmental instrumentality; or
2. Part
of an issue of stock, bonds or other instruments representing interests
in or claims against a corporate or other organization or its property.
Forgery
in the first degree is a class C felony.
569. CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE
A Native
American is guilty of criminal possession of a forged instrument in
the th