The Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations

12.01-"Dangerous Weapon" means any instrument, article or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious injury.

12.02-"Deadly Weapon" means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.

Note: A firearm must be loaded (i.e., shell in the firing position or chamber, or in magazine while inside firearm) and be operable to be a deadly weapon.

12.03-"Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious injury.

12.04-"Peace officer" means a tribal policeman, sheriff, constable, marshal, municipal policeman, and other persons as may be designated by law.

12.05-"Person means a human being, and where appropriate, a tribe, a public or private corporation, an unincorporated association, a partnership, a government or a government instrumentality.

12.06-"Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

12.07-"Possess" means to have physical possession or otherwise to exercise dominion or control over property.

12.08-"Public place" means a place to which the general public has access and includes but is not limited to hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residences and highways, streets, community centers, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

JUSTIFICATION

12.09 - Justification as a Defense: In any prosecution for an offense, justification is a defense which, if raised, the Siletz Indian Tribe must disprove beyond a reasonable doubt.

12.10 - Use of Physical Force by Peace Officer in Making An Arrest or In Preventing an Escape:
Except as provided in (12.03), a peace office is justified in using physical force upon another person only when and to the extent that he reasonably believes it necessary:

a. to make an arrest or to prevent the escape from custody of an arrested person unless he knows that the arrest is unlawful: or

b. to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while preventing or attempting to prevent an escape.

12.11 - Use of Deadly Physical Force By Peace Officer in Making An Arrest or in Preventing an Escape:

Notwithstanding the provisions section (l2.03), a peace officer may use deadly physical force only when he reasonably believes that:

a. the crime committed by the person was a offense or an attempt to commit a offense involving the use or threatened imminent use of physical force against a person, (e.g., murder, manslaughter, forcible sex offenses, robbery or offense assault); or

b. the crime committed by the person was kidnapping, arson, escape in the first degree, or any attempt to commit such a crime; or

c. regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force: or

d. the crime committed by the person was a offense or an attempt to commit a offense and under the totality of the circumstances existing at the time and place, the use of such force is necessary; or

e. the officer's life or personal safety is endangered in the particular circumstances involved.

Note #1: Nothing in subsection (a) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom he is not seeking to arrest or retain in custody.

Note #2: Before deadly force may be used, if necessary to prevent escape, a peace officer must have probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer, or others, and where practical, some warning must be given.

INCHOATE CRIMES

12.12 - Attempt:

Penalty for attempting a crime is generally one degree lower than the penalty for the crime itself. An attempt to commit a crime is committed when a person intentionally engages in conduct which constitutes a substantial step toward the commission of a crime.

12.13-Solicitation:

Penalty for soliciting a person to commit a crime is generally one degree lower than the penalty for the crime itself. The crime of solicitation is committed when a person, with intent to cause another to commit a offense, or class A offense, commands or solicits such other person to engage in that conduct.

12.14-Conspiracy:

Penalty for conspiracy to commit a crime is the same as the penalty for the crime itself. A criminal conspiracy is committed when a person, with intent that a offense or class A offense, be performed, agrees with one or more persons to engage in or cause the performance of such a crime.

OFFENSES AGAINST THE TRIBE, STATE AND PUBLIC JUSTICE

12.15-Bribe Giving: Class A

Giving or offering to give a pecuniary benefit to a public servant with the intent to influence the public servant's official action, decision or exercise of discretion in an official capacity.

12.16-Bribe Receiving: Class A

A public servant who solicits, accepts or agrees to accept a bribe.

12.17-Perjury: Class A

Making a false sworn statement in regard to a material issue, knowing it to be false.

12.18-False Swearing: Class B

Making a false sworn statement, knowing it to be false.

12.19-Unsworn Falsification: Class C

Knowingly making a false written statement to a public servant or tribal employee when applying for any benefit.

12.20-Third Degree Escape: Class B

Escaping from custody.

12.21-Second Degree Escape: Class A

Escaping from custody by:

a. using or threatening physical force: or
b. having been found guilty or convicted of a offense and escaping from custody imposed as a result thereof; or
c. escaping from a correctional facility; or
d. departing from, absenting from or failing to return to this state without authority while under the jurisdiction of the Psychiatric Security Review Board.

12.22-First Degree Escape: Class A

a. Aided by another person actually present, using or threatening to use physical force to escape from custody or a correctional facility; or
b. Threatening to use or using a dangerous or deadly weapon to escape from custody or a correctional facility.

12.23-Aiding Unauthorized Departure: Class B

A person not being an inmate aiding a person confined to a juvenile facility to make or attempt to make an unauthorized departure.

12.24-Supplying Contraband: Class A

a. Knowingly introducing contraband into a juvenile facility, state hospital, or correctional facility; or
b. Knowingly making obtaining, or possessing contraband when confined to a correctional or juvenile facility or state hospital.

12.25-Obstructing Governmental Administration: Class B

Intentionally obstructing, impairing or hindering the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle.

Note: This section does not apply to obstruction of unlawful governmental or judicial action or to interference with the making of an arrest.

12.26-Refusing to Assist Peace Officer:

a. Unreasonably refusing firefighting operations when to be a fireman; or
b. Intentionally and unreasonably refusing to obey a fireman's or peace officer's lawful order regarding his conduct when near a fire.

12.27-Resisting Arrest: Class B

Intentionally resisting a known peace officer when officer is making an arrest.

Note: "Resist" means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person.

12.28-Hindering Prosecution: Class A

With intent to hinder the apprehension, prosecution, conviction, or punishment of a offense suspect or profit or benefit from the commission an offense:

a. harboring or concealing a person who has committed a offense; or
b. warning such person of impending discovery or apprehension; or
c. providing or aiding in providing such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or
d. preventing or obstructing, by means of force, intimidation, or deception, anyone from performing an act which might aid in the discovery or apprehension of such person; or
e. aiding such person in securing or protecting the proceeds of the crime.

12.29-Simulating Legal Process: Class C

Knowingly issuing or delivering any document that in form and substance falsely simulates civil or criminal process.

12.30-Criminal Impersonation: Class B

Falsely impersonating a public servant by doing an act in such assumed character with the intent to obtain a benefit or to injure or defraud another.

12.31-Initiating a False Report: Class B

Knowingly initiating a false alarm or report to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property (i.e. ambulance service).

12.32-Giving False Information to Police Officer For A Citation: Class B

Knowingly using or giving a false or fictitious name, address, or date of birth to any peace officer for the purpose of issuing or serving the person a citation.

OFFENSES AGAINST PERSONS

12.33-Murder: Class A

a. Intentionally causing the death of another human being while not under the influence of an extreme emotional disturbance.
b. Murder is also charged if death to a non-suspect results when suspect is attempting or committing or during the immediate flight from any of the following crimes:

(1) 1st degree arson; or
(2) 1st degree criminal mischief (by means of explosive); or
(3) 1st degree burglary; or
(4) 1st degree escape; or
(5) 1st and 2nd degree kidnapping; or
(6) 1st degree robbery; or
(7) any offense 1st degree sexual offense; or
(8) compelling prostitution

12.34-First Degree Manslaughter: Class A

a. Recklessly causing death of another human being circumstances manifesting extreme indifference to the value of life.
b. Intentionally causing death of another human being while under the influence of an extreme emotional disturbance.

12.35-Second Degree Manslaughter: Class A

a. Recklessly causing the death of another human being.
b. Intentionally causing or aiding another person to commit suicide.

12.36-Criminally Negligent Homicide: Class A

With criminal negligence, causing the death of another human being.

12.37-Fourth Degree Assault: Class B

a. Intentionally, knowingly, or recklessly causing physical injury to another.
b. With criminal negligence, causing physical injury to another by means of a deadly weapon.

12.38-Third Degree Assault: Class A

a. Recklessly causing serious physical injury to another by means of deadly or dangerous weapon: or
b. Recklessly causing serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

12.39-Second Degree Assault: Class A

a. Intentionally or knowingly causing serious physical injury to another; or
b. Intentionally or knowingly causing physical injury to another by means of a deadly or dangerous weapon.
c. Recklessly causing serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

12.40-First Degree Assault: Class A

Intentionally causing serious physical injury to another by means of a deadly or dangerous weapon.

12.41-Menacing: Class B

By word or conduct, intentionally attempting to place another imminent serious physical injury.

12.42-Recklessly Endangering Another Person: Class B

Recklessly engaging in conduct which creates a substantial risk physical injury to another person.

12.43-Second Degree Criminal Mistreatment: Class B

With criminal negligence and in violation of a legal duty to provide care for another, withholding necessary and adequate food, physical care, or medical attention from that person.

12.44-First Degree Criminal Mistreatment: Class A

a. Violating a legal duty to provide care for another person by intentionally or knowingly withholding necessary and adequate food, physical care, or medical attention from that person.
b. Having assumed permanent or temporary care, custody, or responsibility for the supervision of a dependent person, intentionally or knowingly causing physical injury or injuries to the dependent person.

Note: "Dependent Person" means a person who, because of either age or physical or mental disability is dependent upon another to provide for the persons physical needs.

12.45-Assaulting A Public Safety Officer: Class B
Intentionally or knowingly causing physical injury to a known peace officer, corrections officer or firefighter while acting in the course of official duties.

12.46-Second Degree Kidnapping: Class A
With intent to interfere substantially with another's personal liberty, and without consent or legal authority:

a. taking a person from one place to another place; or
b. secretly confining another where he is not likely to be found.

Note: This section does not apply to child stealing by a relative when a child is under 16 years of age and the sole purpose is to assume control of the child.

12.47-First Degree Kidnapping: Class A

Violating (sec. 12.46) with purpose of:

a. compelling someone to pay a ransom; or
b. holding victim as shield or hostage; or
c. causing physical injury to victim; or
d. terrorizing victim or any other person.

12.48-Second Degree Custodial Interference: Class A

Knowing or with reason to know he has no right to do so, taking, enticing, or keeping a person from the person's lawful custodian with intent to hold the person permanently or for a protracted period.

12.49-First Degree Custodial Interference: Class A

Violating (sec. 12.48), plus:

a. taking victim out of the state; or
b. exposing victim to substantial risk of illness or physical injury.

12.50-Coercion: Class A

Compelling or inducing another person to engage in conduct he has a right to abstain from, or to abstain from conduct he has a right to engage in, by instilling in him a fear that if the demand is not complied with, someone in the future will:

a. unlawfully injure some person; or
b. unlawfully damage property; or
c. commit some other crime against victim or third person; or
d. falsely accuse some person of a crime or cause criminal charges to be brought against the person.

12.51-Third Degree Rape: Class A

A person having sexual intercourse with a juvenile under 16 years of age.

12.52-Second Degree Rape: Class A

a. a person having sexual intercourse with a juvenile under 14 years of age; or
b. a person having sexual intercourse with a juvenile of any age who is incapable of consent because of mental defect mental incapacitation or physical helplessness.

12.53-First Degree Rape: Class A

a. A person forcibly compelling a victim of any age to engage in sexual intercourse; or
b. a person having sexual intercourse with a juvenile under 12 years of age; or
c. a person having sexual intercourse with his/her sibling, of whole or half blood, a person's children, or step-children, if the victim is under 16 years of age.

12.54-Third Degree Sodomy: Class A

Engaging in deviate sexual intercourse with a person under l6 years of age or causing that person to engage in deviate sexual intercourse.

12.55-Second Degree Sodomy: Class A

a. Engaging in deviate sexual intercourse with a person under 14 years of age or causing that person to engage in deviate sexual intercourse.
b. Engaging in deviate sexual intercourse with a person of any age and the person cannot consent because of mental defect, mental incapacitation, or physical helplessness or causing that person to engage in deviate sexual intercourse.

12.56-First Degree Sodomy: Class A

a. forcibly compelling or causing a person of any age to engage in deviate sexual intercourse; or
b. Engaging in deviate sexual intercourse with a person under 12 years of age or causing that person to engage in deviate sexual intercourse; or
c. Engaging in deviate sexual intercourse with a brother, or sister of the whole or half-blood, or a son or daughter or the spouse's son or daughter, if the victim is under 16 years of age, or causing such person to engage in deviate sexual intercourse.

12.57-Second Degree Sexual Penetration With A Foreign Object: Class A

Penetration of the vagina, anus, or penis of another, with any object not part of the actor's body, and

a. victim cannot consent because of mental defect, mental incapacitation or physical helplessness; or
b. victim is under 14 years of age.

12.58-First Degree Sexual Penetration With A Foreign Object: Class A

Penetration of the vagina, anus, or penis of another, with any object not part of the actor's body, and

a. victim is subjected to forcible compulsion; or
b. victim is under 12 years of age.

Note: The two crimes immediately above do not apply to penetration which is part of a medically recognized treatment, diagnostic procedure, or penetration by a peace officer, or corrections officer, or by medical personnel at the request of such officer in making a search for weapons, contraband, or evidence of a crime.

12.59-Second Degree Sexual Abuse: Class B

Subjecting another to sexual contact and:

a. victim does not consent; or
b. victim cannot consent because of being under 18 years of age, mental incapacity, mental defect or physical helplessness.

Note: Affirmative defense for defendant to prove (a)-victim's lack of consent due solely to being under 18 years of age, and (b)-victim was more than 14 years of age and (c)-defendant was less than 4 years older than victim.

12.60-First Degree Sexual Abuse: Class A

Subjecting another to sexual contact and:

a. victim is under 12 years of age; or
b. victim of any age is subjected to forcible compulsion; or
c. subjecting another without consent to sexual intercourse, deviate sexual intercourse or penetration of the vagina, anus or penis of another with any object not part of the actor's body.

12.61-Contributing to Sexual Delinquency of Minor: Class B

a. a person over 18 years of age having sexual intercourse with an individual under 18 years of age; or
b. any person over 18 years of age having deviate sexual intercourse with a person under 18 years of age.

12.62-Sexual Misconduct: Class B

Any person, regardless of age, having sexual intercourse or deviate sexual intercourse with a person under 18 years of age.

12.63-Public Indecency: Class B

Performing one of the following acts in or in view of a public place:

a. sexual intercourse; or
b. deviate sexual intercourse; or
c. exposing one's genitals with intent of sexually arousing himself or another person.

12.64-Bigamy: Class A

A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.

12.65-Incest: Class A

Marrying or having sexual intercourse or deviate sexual intercourse with an ancestor, descendent, or brother, or sister of the whole or half-blood, while knowing that they are so related, either legitimately or illegitimately so.

12.66-Abandonment of Child: Class A

A parent, guardian, or other custodian who deserts, in any place, a child under 15 years of age with intent to abandon it.

12.67-Child Neglect: Class B

A parent or custodian who, with criminal negligence, leaves a child under 10 years of age unattended in, or at any place, for such period of time as may be likely to endanger the health or welfare of such child.

12.68-Criminal Non-Support: Class A

A person commits the crime of criminal nonsupport if, being the parent, lawful guardian, or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person refuses, or neglects without lawful excuse to provide support for such child.

12.69-Endangering Welfare of Minor

a. Knowingly inducing, causing or permitting an unmarried person under 18 to view an act of sexual conduct or sadomasochistic abuse;
b. Knowingly permitting a person under 18 to enter or remain at a place where unlawful activity involving controlled substance is conducted or maintained; or
c. Knowingly inducing, causing or permitting a person under 18 to participate in gambling; or
d. Knowingly selling, or causing to be sold, tobacco in any form to a person under 18; or
e. Knowingly selling to a person under 18 any device designed to be used for smoking tobacco, marijuana, cocaine, or any controlled substance, including pipes, carburetion tubes, bongs, cigarette rolling papers and machines, etc.

12.70-Posting of Signs Concerning Sale of Smoking Devices: Violation

Failure by a person who sells any of the smoking devices listed in (sec 12.69), to display a sign clearly stating that the sale of such devices to persons under 18 is prohibited by law.

12.71-Using Child in Display of Sexually Explicit Conduct: Class A

Employing, authorizing, permitting, compelling or inducing a child under 18 years of age to participate or engage in sexually explicit conduct, for any person to observe or to record in a photograph or other visual recording.

OFFENSES AGAINST PROPERTY

12.72-"Theft" Described:

With intent to deprive another of property or to appropriate property to oneself or to a third person, theft may be committed in the following ways:

a. Taking, obtaining, appropriation, or withholding property of another; or
b. Wrongfully keeping property by that is lost, mislaid, or delivered by mistake; or
c. Threatening another with future harm so he gives up property because of fear of that future harm occurring; or
d. Deceiving another, by means of a false document, or fraudulent statement to part with his property; or
e. receiving, concealing, or disposing of stolen property.

12.73-Third Degree Theft: Class D

Theft is committed in any of the ways described in 12.72, except (c) - by extortion, and the total value of the property in a single or aggregate transaction is under $50.00.

12.74-Second Degree Theft: Class B

Theft is committed in any of the ways described in sec. 12.72, except (c) - By extortion, and the total value of the property in a single or aggregate transaction is $50.00 or more but is under $200.00 in a case of theft by receiving and under $500.00 in any other case.

12.75-First Degree Theft: Class A

Theft is committed in any of the ways described in (sec 12.72), except (c) by extortion, and the total value of the property in a single or aggregate transaction is $200.00 or more in a case by receiving, and $500.00 or more in any other case; or

a. Any theft committed during a riot, fire, explosion, catastrophe or other emergency in a area affected thereby; or
b. Theft by receiving committed by buying, selling, borrowing, or lending on the security of any stolen property; or
c. Theft of a firearm or explosive; or
d. Theft of a livestock animal.

12.76-Aggravated First Degree Theft: Class A

The person violates (sec. 12.75) - First Degree Theft - with respect to property, other than a motor vehicle used primarily for personal, rather than commercial transportation, and the value of the property in a single, or aggregate transaction is $10,000.00 or more.

12.77-Theft of Lost, Mislaid Property: Class B

With intent to deprive the owner of lost, mislaid, or mistakenly delivered property, failing to take reasonable measures to restore the property to the owner.

12.78-Theft by Extortion: Class A

Compelling another person to deliver, by instilling in him a fear that if the property is not delivered, someone in the future will:

a. Cause physical injury to some person; or
b. Cause damage to property; or
c. Engage in other conduct constituting a crime; or
d. Accuse some person of a crime or cause criminal charges to be brought against the person.

12.79-Theft by Deception: Class B

With intent to defraud, obtaining property of another by:

a. Creating or confirming another's false impression of law, value, or intent while not believing it himself; or
b. Failing to correct a false impression of another which he previously created or confirmed; or
c. Preventing another from acquiring information pertinent to the involved property's disposition; or
d. Selling property without disclosing a lien or other adverse claim against it; or
e. Promising performance he does not intend or knows will not be performed:

(1) Defendant's intention or belief that a promise would not be performed cannot be established by or inferred from the fact alone that a such promise was not performed.
(2) Theft by deception can be committed by means of a bad check (i.e. account closed or NSF).

12.80-Theft by Receiving: Class B

Receiving, retaining, concealing or disposing of property of another while knowing or having good reason to know the property was stolen.

Note: Actual knowledge or belief that the property was stolen is required to be proven, not merely good reason to know.

12.81-Theft of Services: Class A/B or C.

With intent to avoid payment therefore, a person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services. Theft of Services is:

a. A Class D offense, if the aggregate total value of are the subject of the theft is under $50.00;
b. A Class B offense if the aggregate total value of services are subject of the theft is $50.00 or more, but is under $500.00.
c. A Class A offense if the aggregate total value of services are the subject of the theft is $500.00 or more; and
d. A Class A offense if the aggregate total value of are the subject of the theft is $10,000.00 or more.

Note: "Services" includes labor, professional services, transportation, communication services, (which includes use of telephone, computer and cable television systems), entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants, or elsewhere, the supplying of equipment for use, and the supplying of public utility commodities such as gas, electricity, steam and water.

12.82-Unlawful Distribution of Cable Television Equipment: Class D

Knowingly manufacturing, importing into the Siletz Indian Reservation, distributing, seeking, offering for sale, rental or use, possessing for sale, rental or use, any device designed to make available the unauthorized reception of cable television signals.

12.83-Criminal Possession of Rented or Leased Personal Property: Class A or B

Knowingly failing to return rented or leased equipment after written demand; if

a. The aggregate total value of equipment not returned is under $500.00, it is a Class B offense; or
b. The aggregate total value of equipment not returned is $500.00 or more it is a Class A offense.

12.84-Second Degree Burglary: Class A

Entering or remaining, unlawfully, in a building with the intent to commit a crime therein.

12.85-First Degree Burglary: Class A Violation of (sec. 12.84), and;

a. The building is a dwelling; or
b. If in effecting entry or while in a building, or in immediate flight therefrom the person;

(1) is armed with a burglar's tool or a deadly weapon; or
(2) causes or attempts to cause physical injury to any person; or
(3) uses or threatens to use a dangerous weapon.

12.86-Possession of Burglar's Tools: Class B

Possessing a burglar tool with intent to use it or knowing someone else who intends to use it to commit or facilitate a forcible entry into premises or a theft by physical taking.

12.87-Second Degree Criminal Trespass: Class D

Entering or remaining in or upon premises without permission. This crime also includes a person who without written permission drives, or rides in a vehicle upon private premises which have been posted. However, emergency or law enforcement vehicles are not prevented from entering onto posted premises.

Note: This crime includes a guest or anyone with the guest, who intentionally remains unlawfully in a transient lodging (e.g., hotel, inn or rented condominium), after the departure date of the guest's reservation without approval.

12.88-First Degree Criminal Trespass: Class B

Entering or remaining unlawfully in a dwelling.

12.89-Criminal Trespass While in Possession of A Firearm: Class B

Entering or remaining unlawfully in or upon premises while in possession of a firearm.

12.90-First Degree Arson: Class A

Intentionally damaging another's protected property by starting a fire or causing an explosion; or

a. Intentionally damaging any property, including his/her own, or another's by fire or explosion and such acts recklessly places another person in danger of physical injury or protected property of another in danger of damage.

12.91-Reckless Burning: Class B

Recklessly damaging another's property by fire or explosion.

12.92-Third Degree Criminal Mischief: Class D

Tampering or interfering with another's property, when he has no right to do so, nor reasonable ground to believe that he has such right, with intent to cause substantial inconvenience to owner or to another person.

12.93-Second Degree Criminal Mischief: Class A

Intentionally damaging or destroying another's property, while having not right to do so, nor reasonable ground to believe he has such right:

a. In an amount over $500.00; or
b. By means of an explosion; or
c. The property is a livestock animal; or
d. The property belongs to a public utility, railroad, or public transportation facility used in direct service to the public.

12.94-Tampering with Cable Television Equipment: Class C

Knowingly tampering or otherwise interfering with or connecting to by any means any cable, wire, or other device used for the distribution of cable television service, without authority of the provider of such service; or

a. Knowingly permitting another person to tamper or otherwise interfere with, or connect to by any means any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

12.95-Computer Crime: Class A or B

Any person who knowingly and without authorization alters, damages or destroys any computer system, computer network, or any computer software, program documentation or data contained in such computer, computer system, or computer network, commits computer crime; or

a. Any person who knowingly and without authorization uses, access or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

12.96-Third Degree Robbery: Class A

In the course of committing or attempting to commit theft, using or threatening the immediate use of physical force upon another person with intent to:

a. Prevent or overcome resistance to his unlawful taking of property; or
b. Prevent or overcome resistance to his keeping property immediately after the unlawful taking; or
c. Compel another to deliver property or to engage in some other conduct which might aid the theft.

12.97-Second Degree Robbery: Class A

Violating (sec. 12.96), plus:

a. Representing by work or conduct that he is armed with what purports to be a deadly or dangerous weapon; or
b. Is aided by another person actually present.

12.98-First Degree Robbery: Class A

Violating (sec. 12.96), plus;

a. Is armed with a deadly weapon; or
b. uses or attempts to use a dangerous weapon, or causes, or attempts to cause, serious physical injury to any person.

12.99-Offensive Littering: Class D

A person commits the crime of offensive littering if the person intentionally creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property.

12.100-Endangering Aircraft: Class A

a. Knowingly throwing object at or dropping object on aircraft; or
b. Knowingly discharging bow and arrow, gun, airgun, or firearm at or toward aircraft; or
c. Knowingly tampering with aircraft, aircraft equipment, or parts so as to impair safety or operation without consent; or
d. Knowingly placing or causing to be discharged any spring gun or explosive with intent to damage or discourage operation of any aircraft.

OFFENSES INVOLVING FRAUD OR DECEPTION

12.101-Second degree Forgery: Class B

With intent to injure or defraud:

a. Falsely making, completing or altering a written instrument; or
b. Uttering a written instrument known to be forged.

12.102-First Degree Forgery: Class A

Violating (sec. 12.101, a. & b.), and the instrument is one of the following:

a. Money, stamps, or other valuable instruments issued by the government; or
b. Stocks, bonds; or
c. Deeds, wills, credit card invoices, or checks, or other commercial instruments; or
d. Public records.

12.103-First Degree Criminal Possession of Forged instrument: Class B

Possessing a know forged instrument as described in (sec. 12-101, b), while intending to utter it.

12.104-Criminal Possession of A Forgery Device: Class B

Making or possessing with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or forging written instruments; or

a. With intent to use for purposes of forgery, making or possessing any device, apparatus, equipment or article capable of or adaptable to such forgery use.

12.105-Criminal Simulation: Class B

With intent to defraud, making or altering any object in such a is appears to have antiquity, rarity, source or authorship that in fact possess; or

a. With knowledge of its true character and with intent uttering or possessing an object so simulated.

12.106-Fraudulently Obtaining a Signature: Class B

Obtaining the signature of a person to a written instrument by knowingly misrepresenting any fact, with intent to defraud or injure another.

12.107-Unlawfully Using Slugs: Class C

With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, inserting, depositing, or otherwise using a slug in such machine; or

a. Making, possessing, offering for sale or disposing of a slug with intent to enable a person to use it fraudulently in a coin machine.

12.108-Fraudulent Use of Credit Card: Class A or B

Using a credit card, (which includes a credit card number), for the purpose of obtaining property or services with the intent to injure or defraud with knowledge that:

a. The card is stolen or forged; or
b. The card has been revoked or canceled; or
c. For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.

12.109-Negotiating a Bad Check: Class A or B

Making or uttering a bad check knowing it will not be honored by the drawee bank, (i.e., account closed, or NSF, etc.). It is not necessary that money or property be received. Making or presenting the check is sufficient. No proof of an intent is required.

a. Penalty: Class B, except as noted below.

Note: Class A - If person has been convicted in this state within preceding 5 years of negotiating bad check, or theft by deception by means of a bad check.

12.110-Misrepresentation of Age By A Minor: Class D

Being less than a certain, specified age, one knowingly purports to be of any age other than his true age with the intent of securing a right, benefit, or privilege which by law is denied to persons under that certain, specified age; or

a. Being unmarried, one knowingly represents that he is married with the intent of securing a right, benefit, or privilege which by law is denied to unmarried persons.

OFFENSES AGAINST PUBLIC ORDER

12.111-Riot: Class A

Participating with five or more other persons in tumultuous and violent conduct and thereby intentionally or recklessly creating a grave risk of causing public alarm.

12.112-Disorderly Conduct: Class C

With intent to cause public inconvenience, annoyance or alarm, or recklessly creating risk of such by:

a. Fighting, or violent, tumultuous or threatening behavior; or
b. Making unreasonable noise; or
c. Disturbing any lawful assembly of persons without lawful authority; or
d. Obstructing vehicular or pedestrian traffic on a public way; or
e. Refusing to obey lawful order of the police to disperse from gathering with other persons in a public place; or
f. Initiating or circulating a known false report concerning an alleged or impending fire, explosion, crime, catastrophe, or other emergency; or
g. Creating a hazardous or physically offensive condition by any act which one is not licensed or privileged to do.

12.113-Harassment: Class C

Intentionally harassing or annoying another person by:

a. Subjecting such other person to offensive physical conduct; or
b. Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response; or
c. Subjecting another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
d. Subjecting another to alarm by conveying a telephone or written threat to inflict property of that person or any member of that person's family, which threat reasonably would be expected to cause alarm.

Note: A person who knowingly permits a telephone under his control to be used in the ways described in (sec. 12.113, c.), also commits harassment.

12.114-Abuse of Venerated Objects: Class D

Intentionally abusing a public monument, structure, a place of worship, or burial, or a tribal national or state flag, or other historical, tribal or religious objects.

12.115-Abuse of Corpse: Class D

Intentionally abusing a corpse, or disinterring, removing, or carrying away a corpse.

12.116-Telephonic Harassment Class C

Intentionally harassing or annoying another person by:

a. Causing the telephone of the other person to ring, such caller having no communicative purpose; or
b. Causing such other person's telephone to ring and causing such other person's to answer it, knowing that the caller has been forbidden from doing so by a person exercising lawful authority over the receiving telephone.

12.117-Misconduct with Emergency Telephone Calls. Class C

Intentionally refusing to relinquish a party line or public pay telephone after being informed that it is needed for an emergency call; or

a. Requesting another to relinquish a party line, or public pay telephone to place an emergency call with knowledge that no such emergency exists.

12.118-Interfering With Public Transportation: Class B

With intent to harass, annoy or alarm, subjecting the operator of any bus to offensive physical contact when the bus is operated by or under contract to any public body in order to provide public transportation.

12.119-Second Degree Intimidation: Class B

Because of another person's race, color, religion, or national origin:

a. Tampering or interfering with such other person's property, having no right to do so, nor reasonable ground to believe that he has such right, with the intent to cause substantial inconvenience to the other person; or
b. Intentionally subjecting such other person to offensive physical contact; or
c. Intentionally subjecting such other person or member of his family to alarm by threatening:

(1) to inflict serious physical injury upon such other person, or a member of the person's family; or
(2) to cause substantial damage to the property of the other person or of a member of the other person's family.

12.120-First Degree Intimidation: Class A

Because of another person's race, color, religion, or national origin, two or more persons acting together:

a. Intentionally, knowingly or recklessly causing physical injury to such other person; or
b. With criminal negligence causing physical injury to such other person by means of a deadly weapon; or
c. Intentionally placing such other person in fear of imminent serious physical injury; or
d. Commit such acts as would violate (sec. 12.119), if done by one person acting alone.

12.121-Negligently Wounding Another: Unclassified Offense

Wounding another person with a bullet or shot from any firearm or with an arrow from any bow, which results from defendant's failure to use ordinary care under the circumstances.

12.122-Pointing Firearm at Another: Unclassified Offense

Being over the age of 12 years, purposely pointing or aiming any loaded or empty firearm at or toward any person within range of the firearm.

12.123-Definitions for Firearm Laws:

a. "Firearm means a weapon by whatever name known, which is designed to expel a projectile by the action of black powder, or smokeless powder, and which is readily capable of use as a weapon.
b. "Pistol", "revolver", and "firearms capable of being concealed upon the person", apply to and include all firearms having a barrel less than 12 inches in length.
c. "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which two or more shots may be fired by a single pressure on the trigger device.

12.124-Attempting to Use Dangerous Weapon; Carrying Dangerous Weapon With Intent to Use It: Class A

Attempting to use unlawfully against another person, or carrying or possessing with intent to use unlawfully against another, any dangerous or deadly weapon.

12.125-Carrying Concealed Weapon: Class C

Carrying concealed upon the person any knife, having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife, any dirk, dagger, ice pick, sling shot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person.

Note: This statute does not apply to any peace officer whose duty it is to serve process or make arrests.

12.126-Unlawful Possession of Firearms: Class B

Knowingly possessing any machine gun not registered federal law; or

a. Knowingly Carrying any firearm concealed upon the person, without having a license to carry a concealed firearm; or
b. Knowingly carrying concealed and readily accessible about the person within any vehicle which is under the person's control or direction any firearm capable of being concealed upon the person, without having a license to carry such firearm.

12.127-Ex-Convict In Possession of Firearms: Class B

Prohibits any person Convicted of a offense under the laws of Oregon, any other state, or the United States, from owning, possessing, or having custody of or control over any firearm that is a shot gun, having a barrel less than 18 inches in length, any other firearm having a barrel less than 16 inches in length, any firearm having a total length of less than 26 inches, any firearm designed to be fired other than from the shoulder, or any machine gun.

12.128-Ex-Convict in Possession of A Restricted Weapon: Class A

Prohibits any person convicted of a offense under the laws of Oregon, any other state, or the United States, from owning, possessing, or having custody of or control over any instrument or weapon having a blade that projects or swings into position by force of a spring or centrifugal force and commonly known as a switchblade knife, or an instrument or weapon commonly known as blackjack, sling shot, sandclub, sandbag, sap glove, or metal knuckles; or

Note: This statute does not apply if:

a. At the time of conviction the offense was made offense by the type or manner of sentence actually imposed; or
b. The offense was for possession of marijuana; or
c. The person was convicted of only one offense which did not involve the possession or use of firearms, or switchblade knives, and the person has been discharged from imprisonment, parole, or probation for a period of 15 years prior to the date of the alleged violation of this statute.

12.129-Unlawful Possession of Amor Piercing Ammunition: Class B

Making or selling, buying or possessing any handgun ammunition, the bullet or projectile or which is coated with Teflon or any chemical compound with properties similar to Teflon and which is intended to penetrate soft body armor, while having the intent that the ammunition be used in the commission of a offense; or

a. Carrying any ammunition described above while committing any offense during which the person or accomplice of the person is armed with a firearm.

12.130-Possession of Destructive Device or Loaded Firearm In or On Public Building: Unclassified Offense.

Prohibits possession of a destructive device or loaded or unloaded firearm on the person in or on a public building.

12.131-Discharging Weapon On or Across Highway, Ocean Shore Recreation Area or Public Utility Facility: Violation

Discharging or attempting to discharge a bow and arrow, air rifle, or any firearm upon or across any highway, public road, or ocean shore or at any public or railroad sign, or any power transmission line, etc. Ocean shore is the land between low tide and the vegetation line. Status does not apply to peace officers on duty or to military personnel on military reservation.

12.132-Throwing or Shooting At Trains: Class B

Knowingly throwing an object at or dropping an object on or discharging a bow and arrow, air rifle or other firearm at a railroad train or a person or commodity being transported on a train.

12.133-Discharging Weapon On or Across Airport Operational Surface: Class B

Knowingly or recklessly discharging a bow and arrow, gun, air gun or any firearm upon or across any airport operational surface.

12.134-Unlawful Paramilitary Activity: Class A

With intent or knowledge that a firearm, explosive, or incendiary device, or technique capable of causing injury or death will be unlawfully used in a civil disorder:

a. Exhibiting, displaying or demonstrating the use or making of such firearm, explosive, incendiary or technique; or
b. Assembling with one or more persons for purpose of training with or practicing with such firearm. etc.

OFFENSES AGAINST PUBLIC HEALTH AND DECENCY

12.135-Prostitution: Class B

Engaging in, or offering or agreeing to engage in, sexual conduct or sexual contact in return for a fee; or

a. Paying or offering or agreeing to pay a fee to engage in sexual conduct or sexual contact.

12.136-Promoting Prostitution: Class A

With intent to promote prostitution, one knowingly:

a. Owns, controls, manages, supervises or otherwise maintains a place of prostitution, or a prostitution enterprise; or
b. Induces or causes a person to engage in prostitution or to remain in a place of prostitution; or
c. Receives or agrees to receive money or other property from a prostitution enterprise; or
d. Institutes, aids or facilitates an act or enterprise of prostitution.

12.137-Compelling Prostitution: Class A

A person knowingly;

a. Uses force or intimidation to compel another to engage in prostitution; or
b. Induces or causes one under 18 to become a prostitute; or
c. Induces or cause spouse, child or stepchild to engage in prostitution.

12.138-Second Degree Promoting Gambling: Class B

Knowingly promoting or profiting from unlawful gambling.

12.139-First Degree Promoting Gambling: Class A

Violates (sec.12.138), to the extent that:

a. One receives in any one day more than five bets totaling more than $500.00; or
b. One receives from a lottery or numbers scheme money or written records from a person other than a player, or receives more than $500.00 in one day of money played in the scheme.

12.140-Second Degree Possession of Gambling Records: Class B

Knowingly possessing any writing, paper, or article:

a. Of a kind commonly used in a bookmaking scheme; or
b. Of a kind commonly used in a lottery or numbers scheme.

12.141-First Degree Possession of Gambling Records: Class A

Knowingly possessing any writing, paper, or article of a kind commonly used:

a. In a bookmaking operation, and representing more than five bets totaling more than $500.00; or
b. In the operation of a lottery, and representing more than 500 plays of chance.

12.142-Possession of A Gambling Device: Class B

Knowingly manufacturing, selling, transporting, placing, or possessing, or conducting or negotiating a transaction affecting or designed to affect ownership, custody or use of:

a. A slot machine; or
b. Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.

Note: It is a defense to this charge if the slot machine or gambling device was manufactured prior to 1958, and was not operated for purposes of unlawful gambling.

Note: Sections 12.138 through 12.142 do not pertain to any Siletz Tribal Gaming operation.

OFFENSES AGAINST ANIMALS

12.143-Animal Abuse in The Second Degree: Class C

Except as otherwise authorized by law, a person intentionally, knowingly, or recklessly causes physical injury to an animal.

Note: Any practice of good animal husbandry is not a violation of this statute.

12.144-Animal Abuse in the First Degree: Class B

Except as otherwise authorized by law, a person intentionally, knowingly, recklessly:

a. Causes serious physical injury to an animal; or
b. Cruelly causes the death of an animal.

12.145-Animal Neglect In the Second Degree: Class C

Except as otherwise authorized by law, a person intentionally, knowingly, recklessly, or with criminal negligence, fails to provide minimum care for an animal in such person's custody or control.

12.146-Animal Neglect In the First Degree: Class B

Except as otherwise authorized by law, a person intentionally, knowingly, recklessly or with criminal negligence:

a. Fails to provide minimum care for an animal in such person's custody or control; or
b. Such failure to provide care results in serious physical injury or death to the animal.

12.147-Animal Abandonment: Class D

Intentionally, knowingly, recklessly, or with criminal negligence leaving a domesticated animal at a location without providing for the animal's continued care.

12.148-Involvement In Animal Fighting: Class B

A person commits the crime of involvement in animal fighting if the person:

a. Owns or trains an animal with the intention that engage in an exhibition of fighting; or
b. Promote, conducts, participates, in or is present as a spectator at an exhibition of fighting or preparations thereto; or
c. Keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of fighting: or
d. Knowingly suffers or permits any place over which the person as possession or control to be occupied, kept or used for the purpose of an exhibition of fighting.

Note: For the purposes of this section:

a. "Animal" means any bird, reptile, amphibian, fish or nonhuman mammal, other than a dog.
b. "Exhibition of Fighting" means a public or private display of combat between two or more animals in which the fighting, killing, maiming or injuring of animals is a significant feature. "Exhibition of Fighting" does not include demonstrations of the hunting or tracking skills of an animal or the lawful use of animals for hunting, tracking, or self protection.
c. Nothing in this section applies to or prohibits any customary practice of breeding or rearing game cocks even though those cocks may be subsequently used in cock fighting exhibitions outside the territorial jurisdiction of the Siletz Tribe.

12.149-Dogfighting: Class A

A person commits the crime of dogfighting if the person knowingly does any of the following:

a. Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to, any advertisement by the person to sell such a dog.
b. Promotes, conducts, or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to, refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.
c. Keeps, uses, or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.

12.150-Participation in Dogfighting: Class B

A person commits the crime of participation in dogfighting if the person knowingly:

a. Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight.
b. Advertises or otherwise offers to sell equipment for the training and handling of a fighting dog.

OFFENSES RELATING TO ALCOHOLIC LIQUOR

12.151-Providing Liquor to Person Under 21 or To intoxicated Person: Class B

Selling, giving or otherwise making available any alcoholic liquor to any person who is visibly intoxicated, (i.e., drunk).

a. Selling, giving, or otherwise making available any alcoholic liquor to a person under the age of 21 years, when not that person's parent or guardian; or
b. Selling, giving or otherwise making available alcoholic liquor to a person with the knowledge that the person to whom the liquor is made available will violate (sec. 12.151, [a]), of this statute.

12.152-Purchase or Possession of Liquor by Person Under 21; Entry of Licensed Premises by Person Under 21: Violation

Attempting to purchase, purchasing, or acquiring alcoholic liquor by a person under the age of 21 years; or

a. Having personal possession of alcoholic liquor when under the age of 21 years, unless such minor, is in a private residence accompanied by his parent or guardian, and with such parent's or guardian's consent.

UNIFORM CONTROLLED SUBSTANCES ACT

12.153-Definitions:

a. "Controlled Substance" means a drug (or its immediate precursor), classified in Schedules I-V, under the Federal Controlled Substance Act. "Immediate Precursor" means the substance from which the second substance is formed.
b. "Counterfeit Substance" means a controlled substance or its container or labeling, which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, delivered, or dispensed the substance.
c. "Deliver or Delivery" means the actual, constructive, or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance.
d. "Manufacture" means the production, preparation, propagation, compounding, or processing of a controlled substance, either by extraction from substances of natural origin, or independently by chemical synthesis, or by a combination of extraction and chemical synthesis. It includes a packaging or repackaging of the substance or labeling or relabeling of its container, except that his term does not include the preparation or compounding of a controlled substance by a physician, pharmacist, dentist, or veterinarian in their professional practice or research.
e. "Marijuana" means all parts of the plant Cannabis, family Moraceae, whether growing or not; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant; fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
f. "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

12.154-Schedules For Controlled Substances:

There are Five schedules for controlled substances, based on periodic revisions by the State Board of Pharmacy, which currently reflect the following:

a. Schedule I for substances with very high hazard potential:

(1) Opiates.
(2) Opium derivatives, including heroin.
(3) Hallucinogenic substances, including LSD marijuana, mescaline, peyote and psilocybin.
(4) Depressants, including methaqualone.
(5) Stimulants, including fenethylline

b. Schedule II for substances with high hazard potential:

(1) Substances of vegetable origin or chemical synthesis; including opium, codeine, hydrocodone, hydromorphone, morphine, oxycodone.
(2) Opium poppy and poppy straw.
(3) Cocaine, cocoa leaves and derivatives.
(4) Opiates, including methadone, and pethidine (meperidine)
(5) Stimulants, including amphetamine, methamphetamine, and methylphenidate.
(6) Depressants, including phencyclidine (PCP), and secobarbital.

c. Schedule III for substances with intermediate hazard potential:

(1) Other stimulants, (see schedule for specific listing).
(2) Depressants, including any compound or mixture containing amobarbital, secobarbital, or pentobarbital. (3) Narcotic drugs, including any compound or mixture containing limited amounts of codeine, or morphine combined with various narcotics or non-narcotics.

d. Schedule IV for substances with low hazard potential: Depressants, Stimulants, and other substances, including barbital, diazepam, ethehorvynol, flurazepam, meprobamate, phenobarbital and phetermine.
e. Schedule V for substances with very low hazard potential: Narcotic drugs containing non-narcotic active medicinal ingredients, including preparations with small amounts of codeine, or opium and with ingredients with valuable medicinal qualities other than those of the narcotic alone, primarily cough syrups.

Note: Updates in these schedules by the State Board of Pharmacy may occur at any time and must be published within 30 days following revision of any classification or reclassification of a controlled substance.

12.155-Unlawful Delivery of an Imitation Controlled Substance: Class B

Knowing delivery, other than by administering or dispensing, of a substance that is not a controlled substance upon the express or implied false representation that the substance is a controlled substance; or

a. Knowing delivery of a substance that is not a controlled substance upon the express or implied false representation that because of its nature or appearance, it can be distributed by the recipient as a controlled substance.

12.156-Failure to Report a Precursor Substance Transaction: Class B

A person commits the crime of failure to report a precursor substances transaction if the person sells, transfers, or otherwise furnishes, receives any precursor substance and does not submit a report that meets reporting requirements of tribal, state, or federal law.

a. This section does not apply to any of the following:

(1) Any pharmacist or other authorized person who sells, or furnishes a controlled substance upon the prescription of a physician, dentist, podiatrist or veterinarian.
(2) Any practitioner who administers or furnishes a controlled substance to patients upon prescription.
(3) Any person licensed by the Board of Pharmacy who sells, transfers, or otherwise furnishes a controlled substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian for distribution to patients upon prescription.
(4) Any patient of a practitioner, who obtains a controlled substance from a licensed pharmacist, physician, dentist, podiatrist or veterinarian pursuant to a prescription.

12.157-Failure to Report Missing Precursor Substances Transaction: Class B

A person commits the offense of failure to report missing precursor substances if the person:

a. Is a licensee or other person regulated by the provisions of (sec. 12.155, [a], {l-5}); and

(1) there is any difference between the quantity received and the quantity shipped; or
(2) Discovers any theft of loss of any precursor substance, and within three days after discovery of the theft or loss or actual knowledge of the discrepancy, does not report the theft, loss or discrepancy to the Siletz Tribal Police.

12.158-The following Are precursor Substances:

a. Phenyl-2-propanone, Phenylacetone.
b. Methylamine in either gas or water solution.
c. D-lysergic acid.
d. Ergotamine tartrate.
e. Diethyl Malonate.
f. Malonic acid.
g. Ethyl Malonate.
h. Barbituric acid.
i. Piperidine.
j. N-acetylanthranilic acid
k. Ethylamine.
l. Pyrolidine.
m. Phenylacetic acid.
n. Antranilic Acid
o. Morpholine.
p. L-Ephedrine.
q. DL-Ephedrine.
r. Any substance established as a precursor substance.

12.159-Illegally Selling Drug Equipment: Class B

A person commits the offense of illegally selling drug equipment if the person sells any substance, article, apparatus, or device with knowledge that the substance, article, apparatus, or device will be used to manufacture, compound, convert, process or prepare a controlled substance for unlawful sale or distribution.

12.160-Providing False Information on Precursor Substance Report: Class B

A person commits the offense of providing false information on a precursor substances report if the person knowingly provides false information in any report required under Tribal Law.

PROHIBITED ACTS GENERALLY

12.161-Penalties: A person who without authorization, manufactures or delivers:

a. A controlled substance in Schedule I, is guilty of a Class A offense.
b. A controlled substance in Schedule II, is guilty of a Class A offense.
c. A controlled substance in Schedule III, is guilty of a Class A offense.
d. A controlled substance in Schedule IV, is guilty of a Class C offense.
e. A controlled substance in Schedule V, is guilty of a Class D offense.

12.162-Possession Without Prescription:

A person, who without valid prescription, knowingly or intentionally possesses:

a. A controlled substance in Schedule I, is guilty of a Class A offense.
b. A controlled substance in Schedule II, is guilty of a Class A offense.
c. A controlled substance in Schedule III, is guilty of a Class A offense.
d. A controlled substance in Schedule IV, is guilty of a Class D offense.
e. A controlled substance in Schedule V, is guilty of a violation.

12.163-Delivery of Marijuana:

a. In any amount for consideration is a Class A offense.
b. For no consideration of less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis, family Moraceae is a Class B offense, except that

(1) For no consideration of less than five grams of the dried leaves, stems and flowers of the plant Cannabis, family Moraceae is a violation, punishable by a fine of not more than $100.00.

12.164-Possession Of Marijuana:

a. Possession of one or more than one avoirdupois ounce of marijuana is a Class A offense.
b. A person, who knowingly or intentionally possesses less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis, family Moraceae is guilty of a violation, punishable by a fine of not more than $100.00.

12.165-Creation or Delivery of Counterfeit Substance:

A person who creates or delivers a:

a. Counterfeit substance in Schedule I, is guilty of a Class A offense.
b. Counterfeit substance in Schedule II, is guilty of a Class A offense.
c. Counterfeit substance in Schedule III, is guilty of a Class A offense.
d. Counterfeit substance in Schedule IV, is guilty of a Class C offense.
e. Counterfeit substance in Schedule V, is guilty of a Class D offense.

12.166-Prohibited Acts Involving Records and Fraud: Class B

To knowingly or intentionally acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.

12.167-Penalties For Distribution to Minors:

Unlawful delivery of a controlled substance to a person under 18 years of age is punishable as:

a. A Class A offense if the Controlled substance is in Schedule I or II.
b. A Class A offense if the controlled substance is in Schedule III.
c. A Class B offense if the substance is in Schedule IV.
d. A Class C offense if the substance is in Schedule V.

12.168-Tampering with Drug Records: Class A

If a person knowingly:

a. Alters, defaces or removes a controlled substance label affixed by a manufacturer, wholesaler, or apothecary unless an apothecary removes or defaces such a label to fill prescriptions; or
b. affixes a false or forged label to package or receptacle containing controlled substances; or
c. Makes or utters a false or forged prescription or false or forged official written order for controlled substances; or
d. Makes a false statement in any controlled substance prescription, order, report or record.

12.169-Frequenting A Place Where Controlled Substances Are Used:

a. A person keeps, maintains, frequents or remains at a place, while knowingly permitting persons to use controlled substances in such place or to keep or sell them in violation of the Uniform Controlled Substances Act.
b. Frequenting a place where controlled substances are used is a Class B offense unless the conviction is for knowingly maintaining, frequenting or remaining at a place where one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae is found at the time of an arrest under this section, and then it is a violation punishable by a fine of not more than $100.00.

Note #1: As used in this section, "frequents" means repeatedly or habitually visits, goes to or resorts to.
Note #2: The term "permitting" requires that the suspect must have authority to forbid the illegal drug activity involved.

12.170-Maximum sentences for Class A, B, C, D, Unclassified Offense, & Violations:

a. Class A Offense: One year imprisonment and/or a fine, not exceeding $5,000.00.
b. Class B Offense: Six months imprisonment and/or a fine not exceeding $1,000.00.
c. Class C Offense: Ninety days imprisonment and/or a fine not exceeding $500.00.
d. Class D Offense: Thirty days imprisonment and/or a fine not to exceed $250.00.
e. Unclassified Offense: A sentence to pay a fine for an unclassified offense shall be a sentence to pay an amount, to be fixed by the court, as provided in the code defining the offense.
f. Violation: A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed by the court, not exceeding $250.00.

Siletz Criminal Code - 12.01
Offenses and Punishments 9/25/92

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