Ordinance
49 - Law & Order Code Title 3
Title 3
Part
1 - General Preliminary Provisions
Part 2 - Liability Principles
Part 3 - Affirmative Defenses and Justifiable Use of
Force
Part 4 - Inchoate Offenses
Part 5 - Offenses Involving Damage to the Person
Part 6 - Sex Crimes
Part 7 - Offenses Against the Family
Part 8 - Offenses Against Property
Part 9 - Offenses Against Public Administration
Part 10 - Offenses Against Public Order
Part 11- Communications Offenses
Part 12 - Weapons Offenses
Part 13 - Traffic Violations
Part 14 - Offenses Involving Dangerous Drugs
TITLE
III
Part
1 - General Preliminary Provisions
3.1.1 Purpose and construction. The provisions of this Chapter shall
be construed in accordance with Tribal customs as well as to achieve
the following general principles and purposes:
1. to
forbid and prevent the commission of offenses and give fair warning
of conduct which is declared to be an offense;
2. to
adequately define the conduct and mental state which constitute an
offense and to safeguard permitted conduct;
3. to
prescribe penalties which are proportionate to the seriousness of
the offense and which permit recognition of differing rehabilitative
needs of individual offenders while at the same time recognizing the
need of the entire Reservation Community to protect itself from offenders;
4. to
prevent arbitrary and oppressive treatment of persons accused or convicted
of offenses and to promote the correction and rehabilitation of such
persons; and
5. to
protect any Tribal member or other person residing on the Reservation
whose health or welfare may be adversely affected or threatened due
to abuse, neglect or exploitation by family, household members, or
other person in a legal or contractual position of providing physical,
mental, or medical assistance and support to the affected person.
3.1.2 Civil actions not barred. The Code of Tribal Offenses does
not bar, suspend, or otherwise affect any right or liability to damages,
penalty, forfeiture, or other remedy authorized by law to be recovered.
Civil injury is not merged into the criminal offense.
3.1.3
Exclusiveness of offenses. No conduct constitutes an offense unless
so declared by this Code of Tribal Offenses, by any Tribal ordinance,
or by specific Washington law incorporated by reference into this Code
of Tribal Offenses. The elements of any offense as contained in this
code are the sole elements required for conviction in Tribal Court.
Extraneous elements required by other jurisdictions shall not be considered
by the judge or jury in reaching a verdict of guilt or innocence. However,
this provision does not affect the power of the Tribal Court to punish
for contempt or to employ any sanction authorized by law for the enforcement
of an order, civil judgment, or decree.
3.1.4 Prosecution for multiple offenses. When the conduct of
an offender establishes the commission of more than one offense, the
offender may be prosecuted separately for each offense. The offender,
however, may not be convicted of more than one offense if:
1. one
offense is included in the other;
2. one
offense consists only of conspiracy or some other form of preparation
for committing the offense;
3. inconsistent
findings of fact are required to establish the commission of the offenses;
4. the
offenses differ only in that one is defined to prohibit a designated
kind of conduct generally and the other to prohibit a specific instance
of such conduct; or
5. the
offense is defined to prohibit a continuing course of conduct and
the offender's course of conduct was interrupted, unless the law provides
that the specific periods of such conduct constitute separate offenses.
3.1.5 Lesser included offenses.
1. An
offender may be convicted of an offense included in an offense charged
without having been specifically charged with the lesser included
offense. An offense is included when:
c.
it is established by proof of the same or less than all the facts
required to establish the commission of the offense charged;
d.
it consists of attempt or solicitation to commit the offense charged
or to commit an offense otherwise included therein; or
e.
it differs from the offense charged only in that it is a less serious
injury or risk of injury to the same person, property, or Tribal
interest, or a lesser kind of culpability suffices to establish
its commission.
2. The
Tribal Court need not charge the jury with respect to an included
offense unless there is a rational basis for a verdict acquitting
the defendant of the offense charged and convicting the defendant
of the lesser included offense.
3.1.6 Burden of proof. The defendant in a criminal proceeding
is presumed to be innocent until each element of the offense with which
the defendant is charged is proved beyond a reasonable doubt. In the
absence of such proof, the defendant shall be acquitted.
3.1.7 Classification of offenses. Exclusive and concurrent jurisdiction.
Offenses shall be designated as Class A, Class B, Class C, Class D,
or Class E offenses.
3.1.8 Time limitations.
1. Unless
otherwise specified by statute:
a.
prosecution for any Class A or Class B offense must be commenced
within one year after the alleged offense is committed;
b.
prosecution for any Class C or Class D offense must be commenced
within two years after the alleged offense is committed;
c.
prosecution for any Class E offense must be commenced within three
years after the alleged offense is committed;
d.
if the victim is a minor or has a mental disorder at the time the
offense occurred, prosecution must be commenced within one year
after the legal disability terminates.
2. The
period of limitation does not run under the following conditions:
a.
during any period in which the offender is not usually and publicly
residing within this Reservation or is beyond the jurisdiction of
the Tribal Court;
b.
during any period in which the offender is a public officer and
the offense charged is theft of public funds while in public office;
or
c.
during a prosecution pending against the offender for the same conduct
even if the prosecution is dismissed.
3. An
offense is committed either when every element occurs or, if the offense
is based upon a continuing course of conduct, when the course of conduct
is terminated. The time starts to run on the day after the offense
is committed.
4. A
prosecution is commenced when a complaint is filed.
3.1.9 Sentencing.
1. A
person convicted of an offense may be sentenced as follows:
a.
for a conviction of a Class A offense, the offender may only be
sentenced to pay a fine or some other sentence not involving imprisonment.
For Class A offenses where no fine amount is specifically provided,
the maximum fine shall be $100;
b.
for a conviction of a Class B offense, the offender may be sentenced
to imprisonment for a period not to exceed 10 days, or a fine not
to exceed $250, or both, unless another sentence is specified by
statute;
c.
for a conviction of a Class C offense, the offender may be sentenced
to imprisonment for a period not to exceed 30 days, or a fine not
to exceed $1000, or both, unless another sentence is specified by
statute;
d.
for a conviction of a Class D offense, the offender may be sentenced
to imprisonment for a period not to exceed 180 days, or a fine not
to exceed $2,500, or both, unless another sentence is specified
by statute; or
e.
for conviction of a Class E offense, the offender may be sentenced
to imprisonment for a period not to exceed one year, or a fine not
to exceed $5,000, or both, unless another sentence is specified
by statute;
2. The
fines listed above may be imposed in addition to any amounts ordered
paid as restitution.
3. Any
person adjudged guilty of an offense under this Code shall be sentenced
in accordance with this section and Section 2.11.3, unless otherwise
specified.
3.1.10 Mental state. A person is not guilty of an offense unless
the person acts purposely, knowingly, or negligently, as the Code may
provide, with respect to each element of the offense, or unless the
person's acts constitute an offense involving strict liability.
3.1.11 Strict liability. A person may be guilty of an offense
without having the requisite mental state only if the Code provision
defining the offense clearly indicates the Council's purpose to impose
strict liability for the conduct described.
3.1.12 Definitions. Unless otherwise specified in a particular
section, the following general definitions shall apply in this Chapter:
1. "Abuse"
includes, but is not limited to:
a.
the infliction of physical or mental injury; or
b.
the deprivation of food, shelter, clothing, or services necessary
to maintain the physical or mental health of a person.
2. "Acts"
has its usual and ordinary meaning and includes any voluntary bodily
movement, any form of communication, and when relevant, a failure
or omission to take action.
3. "Another"
means a person or persons, as defined in this Code, other than the
offender.
4. "Benefit"
means gain or advantage or anything regarded by the beneficiary as
gain or advantage.
5. "Bodily
harm" or "bodily injury" means physical
pain, illness or any impairment of physical condition.
6. "Citation"
means a written direction that is issued by a law enforcement officer
and that requests a person to appear before the court at a stated
time and place to answer a charge for the alleged commission of an
offense.
7. "Cohabit"
means to live together in an arrangement whereby the parties voluntarily
assume the rights, duties and obligations which are normally manifested
by married persons.
8. "Common
scheme" means a series of acts or omissions motivated by
a purpose to accomplish a single criminal objective or by a common
purpose or plan which results in the repeated commission of the same
offense or affects the same person or persons, or the same property.
9. "Conduct"
means an act or series of acts and the accompanying mental state.
10. "Conviction"
means a judgment or sentence entered upon a plea of guilty or no contest,
or upon a verdict or finding of a defendant's guilt rendered by a
legally constituted jury or by a court of competent jurisdiction authorized
to try the case without a jury. Once a conviction has been expunged,
it is no longer considered a conviction under Tribal law.
11. "Deceit"
means:
a.
creating or confirming in another an impression which is false and
which the offender does not believe to be true;
b.
failing to correct a false impression which the offender previously
had created or confirmed;
c.
preventing another from acquiring information pertinent to the disposition
of the property involved;
d.
selling or otherwise transferring or encumbering property, failing
to disclose a lien, adverse claim, or other legal impediment to
the enjoyment of the property whether such impediment is of value
or is not a matter of official record; or
e.
promising performance which the offender does not intend to perform
or knows will not be performed. Mere failure to perform, without
additional evidence, is not conclusive proof that the offender did
not intend to perform.
12. "Deprive"
means to withhold the property of another:
a.
permanently;
b.
for such a period as to appropriate a portion of its value; or
c.
with the purpose to restore it only upon payment of a reward or
other compensation.
13. "Felony"
means a Class E offense.
14. "Force"
means the infliction, attempted infliction, or threatened infliction
of bodily harm by a person, or the commission or threat of any other
crime by a person against the complainant or another which causes
the complainant to reasonably believe that the person has the present
ability to execute the threat, thereby causing the complainant to
submit.
15. "Harm"
means the loss, disadvantage, or injury or anything so regarded by
the individual affected, including loss, disadvantage, or injury to
any person or entity in which the individual has a recognized interest.
16. "Intoxicating
substance" means any drug or any alcoholic beverage, including
but not limited to any beverage containing ½ of 1% or more
of alcohol by volume, which, when used in sufficient quantities, ordinarily
or commonly produces intoxication.
17. "Involuntary
act" means any act which is:
a.
a reflex or convulsion;
b.
a bodily movement during unconsciousness or sleep;
c.
conduct during hypnosis or resulting from hypnotic suggestion; or
d.
a bodily movement that otherwise is not consciously or habitually
a product of the effort or determination of the actor.
18. "Knowingly"
- A person acts knowingly with respect to conduct or to a circumstance
described by a statute defining an offense when the person is aware
of the person's own conduct or that the circumstance exists. A person
acts knowingly with respect to the result of conduct described by
a statute defining an offense when the person is aware that it is
highly probable that the result will be caused by the person's conduct.
When knowledge of the existence of a particular fact is an element
of an offense, knowledge is established if a person is aware of a
high probability of its existence. Equivalent terms, such as "knowing"
or "with knowledge", have the same meaning.
19. "Law
enforcement officer" means any person who by virtue of his
or her office of public or Tribal employment is vested by law with
a duty to maintain public order or to make arrests for offenses while
acting within the scope of his or her authority.
20. "Mental
Disorder" means any organic, mental, or emotional impairment
which has substantial adverse effects on an individual's cognitive
or volitional functions. It does not include an abnormality manifested
only by repeated criminal or other antisocial behavior.
21. "Misdemeanor"
means a Class A, Class B, Class C, or Class D offense.
22. "Negligently"
A person acts negligently with respect to an element of an offense
when the person should be aware of a substantial and unjustifiable
risk that the element presently exists or will result from his or
her conduct. The risk must be of such a nature and degree that the
person's failure to perceive it involves a gross deviation from the
standard of care that a reasonable person would observe in the same
situation, considering the nature and purpose of the person's conduct
and the circumstances known to her or him.
23. "Obtain
or exert unauthorized control" means a person acting without
lawful authority:
a.
tries to bring about a transfer of interest or possession in property,
whether to the offender or to another; or
b.
tries to secure the performance of labor or services, whether for
the offender's benefit or the benefit of another; or
c.
takes, carries away, sells, conveys or transfers title to, interest
in or possession of property.
24. "Occupied
structure" means any building, vehicle or other place suited
for human occupancy or night lodging of persons or for carrying on
business regardless of whether a person is actually present. Each
unit of a building consisting of 2 or more units separately secured
or occupied is a separate occupied structure.
25. "Offense"
means a crime for which a sentence of labor, time in jail, a fine,
restitution, or other penalty provided by law may be imposed.
26. "Official
detention" means arrest, detention in any facility for custody
of persons under charge or conviction of a crime, or any other detention
for law enforcement purposes.
27. "Owner"
means a person, other than the offender, who has possession of or
any other interest in the property involved, even though such interest
or possession is unlawful, and without whose consent the offender
has no authority to exert control over the property.
28. "Person"
an individual, association, corporation, partnership, or other legal
entity.
29. "Possession"
is the knowing control of anything for a sufficient time to be able
to terminate control.
30. "Premises"
includes land, buildings, and appurtenances thereto.
31. "Property"
means anything of value to the owner. Property includes but is not
limited to:
a.
real estate, money and commercial instruments;
b.
written instruments representing or embodying rights concerning
anything of value, including labor or services, or that are otherwise
of value to the owner;
c.
things growing on, or affixed to, or found on land, or part of or
affixed to any building;
d.
birds, fish, livestock and other animals ordinarily kept in a state
of confinement; and
e.
electronic impulses, electronically processed or produced data or
information, commercial instruments, computer software or computer
programs, in either machine-or-human-readable form, computer services,
any other tangible or intangible item of value relating to a computer,
computer system, or computer network, and any copies thereof.
32. “Property
of another" means real or personal property in which a person
other than the offender or a government has an interest that the offender
has no authority to defeat or impair, even though the offender may
have an interest in the property.
33. "Protective
order" is a court order restraining a person from engaging
in the commission or continuance of some act which may result in irreparable
harm to another.
34. "Public
place" means any place to which the public has access.
35. "Purposely"
A Person acts purposely with respect to a result or to conduct described
by a statute defining an offense when:
a.
if the element of the offense involves the nature of his or her
conduct or a result thereof, it is his or her conscious object to
engage in conduct of that nature or to cause such a result; and
b.
if the element of the offense involves the attendant circumstances,
he or she is aware of the existence of such circumstances or he
or she believes or hopes that they exist.
36. "Reasonable
apprehension" is deemed to exist in any situation where a
person knowingly points a firearm at or in the direction of another
person, whether or not the offender believes the firearm to be loaded.
In all other circumstances, "reasonable apprehension" is
a question of fact to be determined by the trier of fact.
37. "Restitution"
means a requirement, as a condition of a sentence, that an offender
repay the victim or the Tribes in money or services.
38. "Serious
bodily harm" or "serious bodily injury"
means bodily injury which creates a risk of death, causes serious
permanent or protracted loss or impairment of the function or process
of any bodily member or organ, causes permanent disfigurement, or
causes a serious mental disorder.
39. "Sexual
contact" means any touching of the sexual or other intimate
parts of the person of another for the purpose of arousing or gratifying
the sexual desire of either party or for the purpose of satisfying
the defendant's aggressive impulses.
40. "Sexual
intercourse" means penetration of the vulva, anus, or mouth
of one person by the penis of another person, penetration of the vulva
or anus of one person by any body member of another person, or penetration
of the vulva or anus of one person by any foreign instrument or object
manipulated by another person for the purpose of arousing or gratifying
the sexual desire of either party or for the purpose of satisfying the
defendant's aggressive impulses. Any penetration, however slight, is
sufficient.
41. "Solicit"
or "solicitation" means to command, authorize, urge,
incite, request or advise another to commit an offense.
42. "Statute"
means any Tribal Code section, Tribal ordinance, or adopted section
of the Revised Code of Washington.
43. "Tamper"
means to interfere with something improperly, make unwarranted alterations
in its existing condition, or deposit refuse upon it.
44. "Threat"
means a menace, however communicated, to:
a.
inflict physical harm on any person, or on the property of another;
b.
subject any person to physical confinement or restraint;
c.
commit any criminal offense;
d.
falsely accuse any person of a criminal offense;
e.
expose any person to hatred, contempt, or ridicule;
f.
harm the credit or business reputation of any person;
g.
reveal any information sought to be concealed by the person threatened;
h.
take an unauthorized action as an official against anyone or anything,
withhold an official action, or cause the withholding of an official
action; or
i.
testify or provide information or withhold testimony or information
with respect to another's legal claim or defense.
45. "Tribes"
refers to the Tulalip Tribes.
46. "Underage
person" means a person who is below the age designated by
the particular section of the statute.
47.a.
"Value" means the market value of the property at
the time and place of the crime or, if the market value cannot be
satisfactorily ascertained, the cost of the replacement of the property
within a reasonable time after the crime. If the offender appropriates
a portion of the value of the property, the value must be determined
as follows:
The
value of an instrument constituting an evidence of debt, such as
a check, draft, or promissory note, is considered the amount due
or collectible. The figure is ordinarily the face amount of the
indebtedness less any portion of the indebtedness that has been
satisfied.
The
value of any other instrument that creates, releases, discharges,
or otherwise affects any valuable legal right, privilege, or obligation
is considered the amount of economic loss that the owner of the
instrument might reasonably suffer by virtue of the loss of the
instrument.
The
value of electronic impulses, electronically produced data or information,
computer software or programs, or any other tangible or intangible
item relating to a computer, computer system, or computer network
is considered to be the amount of economic loss that the owner of
the item might reasonably suffer by virtue of the loss of the item.
The determination of the amount of economic loss includes but is
not limited to consideration of the value of the owner's right to
exclusive use or disposition of the item.
b.
When it cannot be determined if the value of the property is more
or less than $1,000 by the standards set forth in subsection (a),
its value is considered to be an amount less than $1,000.
c.
Amounts involved in thefts committed pursuant to a common scheme
or the same transaction, whether from the same person or several
persons, may be aggregated in determining the value of the property.
48. "Vehicle"
means any device for transportation by land, water, or air or mobile
equipment with provisions for transport of an operator.
49. "Weapon"
means any instrument, firearm, article, or substance which, regardless
of its primary function, is readily capable of being used to produce
death or serious bodily harm.
50. "Witness"
means any person whose testimony is desired in any official proceeding
or in any investigation.
Part 2 - Liability Principles
3.2.1 Conduct and result.
1. Conduct
is the cause of a result if:
a.
without the conduct the result would not have occurred; and
b.
any additional causal requirements imposed by the specific code
provision are satisfied.
2. If
knowingly or purposely causing a result is an element of an offense
and the result is not within the contemplation or purpose of the offender,
either element can nevertheless be established if:
a.
the final result differs from the contemplated result only in the
respect that a different person or different property is affected
or that the injury or harm caused is less than originally contemplated;
or
b.
the result involves the same kind of harm or injury as contemplated
but the precise harm or injury is different or occurred in a different
way, unless the actual result is too remote or accidental to have
a bearing on the offender's liability or on the gravity of the offense.
3. If
negligently causing a particular result is an element of an offense
and the offender is not aware or should not have been aware of the
probable result, negligence can nevertheless be established if:
a.
the actual result differs from the probable result only in the respect
that a different person or different property is affected or that
the actual injury or harm is less; or
b.
the actual result involves the same kind of injury or harm as the
probable result, unless the actual result is too remote or accidental
to have a bearing on the offender's liability or the gravity of
the offense.
3.2.2 Voluntary act. An element of every offense is a voluntary
act, which includes an omission to perform a duty which the person is
mentally, physically and financially capable of performing.
3.2.3 Responsibility. A person who is in an intoxicated or drugged
condition is criminally responsible for her or his conduct unless such
conduct is involuntarily produced and deprives the person of the capacity
to appreciate the criminality of the conduct or to conform her or his
conduct to the requirements of the law.
3.2.4 Accountability.
1. A
person is legally accountable for the conduct of another when:
a.
having a mental state described by the code provision defining the
offense, the person causes another to perform the conduct, regardless
of the legal capacity or mental state of the other person;
b.
the code provision defining the offense makes the person accountable;
c.
either before or during the commission of an offense with the purpose
to promote or facilitate such commission, the person solicits, aids,
abets, agrees, or attempts to aid such other person in the planning
or commission of the offense.
2. However,
a person is not accountable if:
a.
the person is a victim of the offense committed; or
b.
before the commission of the crime the person terminates her or
his efforts to promote or facilitate the commission of the crime
and takes steps to negate the effect or otherwise prevent the commission
of the offense.
3. A
person may not be found guilty of an offense on the testimony of one
responsible or legally accountable for the same offense unless that
testimony is corroborated by other evidence that in itself and without
the aid of the testimony of the one responsible or legally accountable
for the same offense, tends to connect the defendant with the commission
of the offense.
Part 3 - Affirmative Defenses and Justifiable Use
of Force
3.3.1. Consent.
1. The
complainant's or victim's consent to the performance of the conduct
constituting an offense or to the result is an affirmative defense
which must be proved by the defendant by a preponderance of the evidence.
2. Consent
is ineffective if:
a.
it is given by a person who is not legally authorized to approve
of the conduct constituting an offense;
b.
it is given by a person who by reason of youth, mental impairment,
or mental incapacitation is unable to make a reasonable judgment
as to the nature or harmfulness of the conduct charged;
c.
it is induced by force, duress, or deception; or(d) it is against
public policy to permit the conduct or the resulting harm, even
though consent was given.
3.3.2 Compulsion. A person is not guilty of an offense by reason
of conduct which he or she performs under the compulsion of threat or
menace of the imminent infliction of death or serious bodily harm if
he or she reasonably believes that death or serious bodily harm will
be inflicted upon him or her if he or she does not perform such conduct.
Compulsion is an affirmative defense which must be proved by the defendant
by a preponderance of the evidence.
3.3.3 Entrapment. A person is not guilty of an offense if his
or her conduct is incited or induced by a public servant or his or her
agent for the purpose of obtaining evidence for the prosecution of such
person. However, this section is inapplicable if a public servant or
his or her agent merely affords to such person the opportunity or facility
for committing an offense in furtherance of criminal purpose which such
person has originated. Entrapment is an affirmative defense which must
be proved by the defendant by a preponderance of the evidence.
3.3.4 Self-defense.
1. A
person is justified in the use of force or threat to use force against
another when and to the extent the person reasonably believes that
such conduct is necessary to:
a.
defend herself or himself or another against such other's imminent
use of unlawful force;
b.
prevent or terminate such other's unlawful entry into or attack
upon an occupied structure; or
c.
prevent or terminate the offender's trespass on, or other tortuous
or criminal interference with, either real or personal property
lawfully in the person's possession, or which the person has a legal
duty to protect, or in the possession of another who is a family
or household member.
2. A
person is justified in the use of force likely to cause death or serious
bodily harm only if the person reasonably believes such force is necessary
to prevent imminent death or serious bodily harm to herself or himself
or another person.
3. The
defendant has the burden of producing sufficient evidence to raise
a reasonable doubt of his or her culpability when the defendant raises
self-defense as an affirmative defense.
3.3.5 Use of force by aggressor. Self-defense is not available to
a person who:
1. is
attempting to commit, committing, or escaping after the commission
of an offense; or
2. knowingly
or purposely provokes the use of force against herself or himself,
unless:
a.
such force is so great that the person reasonably believes there
is imminent danger of death or serious bodily harm and the person
has exhausted every reasonable means to escape such danger other
than the use of force which is likely to cause death or serious
bodily harm to the assailant; or,
b.
in good faith, the person withdraws from physical contact with the
assailant and clearly indicates to the assailant the desire to withdraw
and terminate the use of force but the assailant continues or resumes
the use of force.
3.3.6 Use of deadly force. A law enforcement officer, or any
person acting under the officer's command to aid and assist, is justified
in using deadly force when the officer is performing a legal duty or
the execution of legal process and reasonably believes the use of force
is necessary to protect herself or himself or others from imminent danger
to life.
3.3.7 Resisting arrest. A person is not authorized to use force
to resist arrest which the person knows is being made by a law enforcement
officer or by a private person summoned and directed by a law enforcement
officer to make the arrest, even if the person believes the arrest is
unlawful and the arrest is in fact unlawful.
Part 4 - Inchoate Offenses
3.4.1 Conspiracy.
1. A
person commits the offense of conspiracy when, with the purpose that
an offense be committed, the person agrees with another to the commission
of the offense. No person may be convicted of conspiracy to commit
an offense unless an act in furtherance of such agreement has been
committed by the person or by a co-conspirator.
2. a.
"Act in furtherance" is any course of conduct which
makes it more probable than not that an act towards the commission
of an offense will occur and the person's present conduct is not terminated.
b.
Proof of an "act in furtherance" may be drawn from
the circumstances surrounding the involved parties' actions and
does not require direct proof of an agreement.
3. It
shall not be a defense to conspiracy that the person or persons with
whom the accused has conspired:
a.
has not been prosecuted or convicted;
b.
has been convicted of a different offense;
c.
is not amenable to justice;
d.
has been acquitted; or
e.
lacked the capacity to commit the offense.
4. A
person convicted of conspiracy shall be punished not to exceed the
maximum sentence provided for the offense which is the object of the
conspiracy.
3.4.2 Solicitation.
1. A
person commits the offense of solicitation when, with the purpose
that an offense be committed, he commands, encourages, or facilitates
the commission of that offense.
2. A
person convicted of solicitation shall be punished not to exceed the
maximum provided for the offense solicited.
3.4.3 Attempt.
1. A
person commits the offense of attempt when, with the purpose to commit
a specific offense, the person does any act towards the commission
of such offense.
2. It
shall not be a defense to a charge of attempt that because of a misapprehension
of the circumstances it would have been impossible for the accused
to commit the offense attempted.
3. A
person convicted of attempt shall be punished not to exceed the maximum
sentence provided for the offense attempted.
4. A
person shall not be liable under this section if, under circumstances
manifesting a voluntary and complete renunciation of the criminal
purpose, the person avoided the commission of the offense attempted
by abandoning the criminal effort.
5. Proof
of the completed offense does not bar conviction for the attempt.
Part 5 - Offenses Involving Damage to the Person
3.5.1 Homicide.
1. A
person commits the offense of homicide by purposely, knowingly, or
negligently causing the death of another human being.
2. Homicide
is a Class E offense.
3.5.2 Aiding or soliciting suicide.
1. A
person commits the offense of aiding or soliciting a suicide by purposely
aiding or assisting another in taking his or her own life.
2. The
fact suicide was not successfully carried out is not a defense.
3. Aiding
or soliciting suicide is a Class E offense.
3.5.3 Assault.
1. A
person commits the offense of assault by:
a.
knowingly or purposely causing bodily harm to another;
b.
negligently causing bodily harm to another with a weapon;
c.
knowingly or purposely making physical contact of an insulting or
provoking nature with an individual; or
d.
knowingly or purposely causing reasonable apprehension of bodily
harm in another.
2. "Reasonable
apprehension" is deemed to exist in any situation where a
person knowingly points a firearm at or in the direction of another
person, whether or not the person pointing the firearm believes the
firearm to be loaded. In all other circumstances "reasonable
apprehension" is a question of fact to be determined by the trier
of fact.
3. Except
as provided in subsection (4), assault is a Class D offense.
4. If
the victim is less than 14 years old and the offender is an adult,
the assault is a Class E offense.
3.5.4 Aggravated assault.
1. A
person commits the offense of aggravated assault by knowingly or purposely
causing:
a.
serious bodily harm to another;
b.
bodily harm to another with a weapon;
c.
reasonable apprehension of serious bodily harm in another by use
of a weapon; or
d.
bodily harm to a law enforcement officer or a person who is responsible
for the care or custody of a prisoner.
2. Aggravated
assault is a Class E offense.
3.5.5 Intimidation.
1. A
person commits the offense of intimidation by attempting to have another
person perform or refrain from performing a specific act by threatening,
under circumstances producing a fear that the threat will be carried
out, to:
a.
inflict bodily harm on the person threatened or any other person;
b.
subject any person to physical confinement or restraint; or
c.
commit any Class E offense.
2. Intimidation
is a Class E offense.
3.5.6 Mistreating prisoners.
1. A
person commits the offense of mistreating prisoners, if, being responsible
for the care or custody of a prisoner, he purposely or knowingly,
a.
assaults or otherwise injures a prisoner; or
b.
intimidates, threatens, endangers, or withholds reasonable necessities
from the prisoner; or
c.
violates any civil right of a prisoner.
2. Mistreating
prisoners is a Class D offense.
3.5.7 Negligent vehicular assault.
1. A
person who negligently operates a motor vehicle under the influence
of alcohol, a dangerous drug, any other drug, or any combination of
the three, and who causes bodily injury to another, commits the offense
of negligent vehicular assault.
2. Negligent
vehicular assault is a Class D offense.
3.5.8 Negligent endangerment.
1. A
person who negligently engages in conduct that creates a substantial
risk of death or serious bodily injury to another commits the offense
of negligent endangerment.
2. Negligent
endangerment is a Class D offense.
3.5.9 Criminal endangerment.
1. A
person who knowingly engages in conduct that creates a substantial
risk of death or serious bodily injury to another commits the offense
of criminal endangerment.
2. For
the purposes of this Section, "knowingly" means that the
person is aware of the high probability that the conduct in which
he or she is engaging, whatever that conduct may be, will cause a
substantial risk of death or serious bodily injury to another.
3. Criminal
endangerment is a Class E offense.
3.5.10 Elder abuse.
1. A
person commits the offense of elder abuse by knowingly or purposely,
physically or mentally, abusing or exploiting an older person.
2. "Exploiting"
means the unjust use of an individual's money or property for another's
advantage by means of duress, menace, fraud, or undue influence.
3. "Older
person" means a Tribal member or other person residing on
the Reservation who is:
a.
62 years of age or older;
b.
determined by the Tribal Court to be an elder; or
c.
at least 45 years of age and unable to protect herself or himself
from abuse, neglect, or exploitation because of a mental disorder
or physical impairment, or frailties or dependencies brought about
by age or disease or alcoholism.
4. Elder
abuse is a Class D offense.
3.5.11 Robbery.
1. A
person commits the offense of robbery if, in the course of committing
a theft, the person:
a.
inflicts bodily harm upon another;
b.
threatens to inflict bodily harm upon any person;
c.
purposely or knowingly puts any person in fear of immediate bodily
harm; or
d.
commits or threatens to commit any Class E offense other than theft.
2. "In
the course of committing a theft" includes acts which occur
in an attempt to commit theft, in the commission of a theft, or in
flight after the attempt or commission of a theft.
3. Robbery
is a Class E offense.
3.5.12 Unlawful restraint.
1. A
person commits the offense of unlawful restraint by knowingly or purposely,
and without lawful authority, restraining another so as to interfere
substantially with another's liberty.
2. Unlawful
restraint is a Class C offense.
3.5.13 Kidnapping.
1. A
person commits the offense of kidnapping by knowingly or purposely,
and without lawful authority, restraining another person by:
a.
secreting or holding the person in a place of isolation; or
b.
using or threatening to use physical force against the other person.
2. Kidnaping
is a Class E offense.
3.5.14 Aggravated kidnaping.
1. A
person commits the offense of aggravated kidnaping if he or she knowingly
or purposely and without lawful authority restrains another person
by either secreting or holding him or her in a place of isolation
or by using or threatening to use physical force, with any of the
following purposes:
a.
to hold for ransom or reward or as a shield or hostage;
b.
to facilitate commission of any felony or flight thereafter;
c.
to inflict bodily injury on or to terrorize the victim or another;
or
d.
to interfere with the performance of any governmental or political
function.
2. Aggravated
kidnaping is a Class E offense.
3.5.15 Terrorism.
1. A
person commits the offense of terrorism when he or she knowingly or
purposely:
a.
threatens to destroy or damage any structure, conveyance, or other
real or personal property within the Reservation Boundaries;
b.
attempts or conspires to destroy or damage any structure, conveyance,
or other real or personal property within the Reservation Boundaries;
or
c.
creates a substantial risk of serious bodily injury to any other
person by destroying or damaging any structure, conveyance, or other
real or personal property within the reservation boundaries.
2. Terrorism
is a Class E offense.
3.5.16 Harassment
1. A
person commits the offense of harassment if:
a.
Without lawful authority, the person knowingly threatens:
(i)
To cause bodily injury immediately or in the future to the person
threatened or to any other person; or
(ii)
To cause physical damage to the property of a person other than
the actor; or
(iii)
To subject the person threatened or any other person to physical
confinement or restraint; or
(iv)
Maliciously to do any other act which is intended to substantially
harm the person threatened or another with respect to his or her
physical or mental health or safety; and
b.
The person by words or conduct places the person threatened in reasonable
fear that the threat will be carried out. "Words or conduct"
includes, in addition to any other form of communication or conduct,
the sending of an electronic communication.
2. Harassment
is a Class C Offense
Part 6 - Sex Crimes
3.6.1 Sexual assault.
1. A
person commits the offense of sexual assault by knowingly making sexual
contact with another without consent, or who commits an assault as
defined by Section 3.5.3, when such assault involves sexual contact.
2. "Without
consent", as used in this section and in section 2-1-602,
means:
a.
the victim is compelled to submit by force against himself, herself,
or another, or
b.
the victim is incapable of consent because he or she is:
i.
mentally defective or incapacitated;
ii.
physically helpless; or
iii.
less than 16 years old.
c.
As used in subsection (2)(a), the term "force" means:
i.
the infliction, attempted infliction, or threatened infliction
of bodily injury or the commission of a forcible felony by the
offender; or
ii.
the threat of substantial retaliatory action that causes the victim
to reasonably believe that the offender has the ability to execute
the threat.
2. Except
as provided in subsection (3), sexual assault is a Class D offense.
3. If
the victim is less than 16 years old and the offender is 3 or more
years older than the victim or if the offender inflicts bodily injury
upon anyone in the course of committing sexual assault, the offender
commits a Class E offense.
4. An
act "in the course of committing sexual assault"
shall include an attempt to commit the offense or flight after the
attempt or commission.
3.6.2 Sexual intercourse without consent.
1. A
person who knowingly has sexual intercourse without consent with another
person commits the offense of sexual intercourse without consent.
2. Sexual
intercourse without consent is a class E offense.
3.6.3 Indecent exposure.
1. A
person who, for the purpose of arousing or gratifying the person's
own sexual desire or the sexual desire of any person, exposes the
person's genitals under circumstances in which the person knows the
conduct is likely to cause affront or alarm commits the offense of
indecent exposure.
2. Indecent
exposure is a Class C offense.
3.6.4 Sexual abuse of children.
1. As
used in this section, the following definitions apply:
a.
"Sexual conduct" means actual or simulated:
i.
sexual intercourse, whether between persons of the same or opposite
sex;
ii.
penetration of the vagina or rectum by any object, except when
done as part of a recognized medical procedure;
iii.
bestiality;
iv.
masturbation;
v.
sadomasochistic abuse;
vi.
lewd exhibition of the genitals, breasts, pubic or rectal area
of any person; or
vii.
defecation or urination for the purpose of the sexual stimulation
of the viewer.
b.
“Simulated" means any depicting of the genitals
or pubic or rectal area that gives the appearance of sexual conduct
or incipient sexual conduct.
c.
"Visual medium" means;
i.
any film, photograph, videotape, negative, slide, or photographic
reproduction that contains or incorporates in any manner any film,
photograph, videotape, negative, or slide; or
ii.
any disk, diskette, or other physical medium that allows an image
to be displayed on a computer or other video screen and any image
transmitted to a computer or other video screen by telephone line,
cable, satellite, transmission, or other method.
2. A
person commits the offense of sexual abuse of children if he or she
knowingly:
a.
employs, uses, or permits the employment or use of a child in an
exhibition of sexual conduct, actual or simulated;
b.
photographs, films, videotapes, or records a child engaging in sexual
conduct, actual or simulated;
c.
persuades, entices, counsels, or procures a child to engage in sexual
conduct, actual or simulated;
d.
processes, develops, prints, publishes, transports, distributes,
sells, possesses with intent to sell, exhibits, or advertises material
consisting of or including a photograph, photographic negative,
undeveloped film, videotape, or recording representing a child engaging
in sexual conduct, actual or simulated; or
e.
finances any of the activities described in subsections (1)(a) through
(1)(d) knowing that the activity is of the nature described in those
subsections.
3. Sexual
abuse of children is a Class E offense.
4. For
purposes of this section, "child" means any person
less than 16 years old.
3.6.5 Incest.
1. A
person commits the offense of incest if he or she has sexual contact
as described in section 3.1.12(39) or sexual intercourse with an ancestor,
a descendant, a brother or sister of the whole or half blood, or any
stepson or stepdaughter.
2. Consent
is a defense under this section to incest with or upon a stepson or
stepdaughter, but consent is ineffective if the victim is less than
18 years old.
3. Incest
is a Class E offense.
3.6.6 Provisions generally applicable to sexual crimes.
1. When
criminality depends on the victim being less than 16 years old, it
is a defense for the offender to prove that he or she reasonably believed
the child to be above that age. Such belief shall not be deemed reasonable
if the child is less than 14 years old.
2. No
evidence concerning the sexual conduct of the victim is admissible
in prosecutions under this part except evidence of the victim's past
sexual conduct with the offender or evidence of specific instances
of the victim's sexual activity to show the origin of semen, pregnancy,
or disease which is at issue in the prosecution.
3. If
the defendant proposes for any purpose to offer evidence described
in subsection (2), the trial judge shall order a hearing out of the
presence of the jury to determine whether the proposed evidence is
admissible under subsection (2).
4. Evidence
of failure to make a timely complaint or immediate outcry does not
raise any presumption as to the credibility of the victim.
5. Resistance
by the victim is not required to show lack of consent. Force, fear,
or threat is sufficient alone to show lack of consent.
Part 7 - Offenses Against the Family
3.7.1 Prostitution.
1. A
person commits the offense of prostitution if such person knowingly
engages in or agrees or offers to engage in sexual intercourse with
another person, not his or her spouse, for compensation, whether such
compensation is paid or to be paid.
2. Prostitution
is a Class B offense.
3.7.2 Aggravated promotion of prostitution.
1. A
person commits the offense of aggravated promotion of prostitution
if he or she purposely or knowingly commits any of the following acts:
a.
compels another to engage in or promote prostitution;
b.
promotes prostitution of a child under the age of 18 years, whether
or not he or she is aware of the child's age;
c.
promotes the prostitution of one's child, ward, or any person for
whose care, protection, or support he or she is responsible.
2. Aggravated
promotion of prostitution is a Class E offense.
3.7.3 Bigamy.
1. A
person commits the offense of bigamy if, while married, the person
knowingly contracts or purports to contract another marriage unless
at the time of the subsequent marriage:
a.
the person believes on reasonable grounds that the prior spouse
is dead;
b.
the person and the prior spouse have been living apart for 5 consecutive
years throughout which the prior spouse was not known by the person
to be alive;
c.
a court has entered a judgment purporting to terminate or annul
a prior marriage and the person does not know the judgment to be
invalid; or
d.
the person reasonably believes she or he is legally eligible to
marry.
2. Bigamy
is a Class B offense.
3.7.4 Failure to support or care for dependent person.
1. A
person commits the offense of failure to support or care for a dependent
person by knowingly:
a.
refusing or neglecting to furnish food, shelter, or proper care,
which the person is physically and financially able to provide to
any person recognized as legally dependent upon the person;
b.
endangering the health, welfare or emotional well being of any child
under the person's care; or
c.
failing to provide financial support, which the person is legally
obligated to provide and the person is financially able to provide.
2. Failure
to support or care for a dependent person is a Class D offense.
3. It
is not a defense to a charge of failure to support that any other
person, organization, or agency furnishes necessary food, clothing,
shelter, medical attention, or other essential needs for the support
of the spouse, child, or other dependent.
4. A
person commits the offense of aggravated failure to support if:
a.
the person has left the Reservation to avoid the duty of support;
or
b.
the person has been previously convicted of the offense of failure
to support.
5. Aggravated
failure to support is a Class E offense.
3.7.5 Contributing to the delinquency of an underage person.
1. The
term underage person as used here denotes a person who is below the
age designated by the particular section of the statute. A person
commits the offense of contributing to the delinquency of an underage
person by knowingly:
a.
selling, giving, supplying or encouraging the use of any intoxicating
substances by a person under the age of 21;
b.
selling or giving explosives to a person under the age of 18;
c.
assisting, promoting, or encouraging a person under the age of 16
to
i.
abandon her or his place of residence without the consent of the
minor's parents or legal guardian,
ii.
enter a place of prostitution,
iii.
engage in sexual conduct,
iv.
commit, participate, or engage in a criminal offense.
2. For
a first conviction for contributing to the delinquency of an underage
person, the offense is classified as a Class C offense.
3. For
a second conviction for contributing to the delinquency of an underage
person, the offense is classified as a Class D offense.
4. For
a third or subsequent conviction for contributing to the delinquency
of an underage person, the offense is classified as a Class E offense.
2.7.6 Failure to send children to school.
1. A
person commits the offense of failure to send children to school by
repeatedly neglecting or refusing, without good cause to send any
child of school age under the person's care to school.
2. For
a first conviction of failure to send children to school, the offense
is classified as a Class B offense.
3. For
a second or subsequent conviction of failure to send children to school,
the offense is classified as a Class C offense.
3.7.7 Custodial interference.
1. A
person commits the offense of custodial interference when, with the
intent to deprive another person or public agency of any custodial
rights, the person maliciously takes, detains, entices, or conceals,
either within or outside the exterior boundaries of the Reservation,
any person under the age of 16, any incompetent person or any person
entrusted by authority of law to the custody of another person or
institution.
2. Expenses
incurred in locating and regaining physical custody of the person
taken, enticed or kept in violation of this section are "pecuniary
damages" for purposes of restitution.
3. Custodial
interference is a Class E offense.
3.7.8 Visitation interference.
1. A
person who has legal custody of a minor child commits the offense
of visitation interference if he or she knowingly or purposely frustrates
the visitation rights of a person entitled to visitation under an
existing court order.
2. Visitation
interference is a Class C offense.
3.7.9 Curfew violation.
1. Every
person under the age of 18 years is subject to curfew times as follows:
a.
11 p.m. Sunday through Thursday, and
b.
12:00 midnight on Friday and Saturday.
2. Parents
or guardians of children under the age of 18 are responsible for curfew
compliance. Exceptions are permitted if the child is under the immediate
supervision of a parent, guardian, or other adult approved by the
parent or guardian. A child may attend authorized school functions
without such supervision.
3. Any
child who fails to obey curfew regulations as well as any parent,
guardian or custodian whose children fail to obey curfew regulations
commits the offense of curfew violation.
4. Curfew
violation is a Class A offense with a maximum fine of $50.
Part 8 - Offenses Against Property
3.8.1 Arson.
1. A
person commits the offense of arson by knowingly or purposely using
fire or explosives
a.
to damage or destroy a building or occupied structure of another
without consent; or
b.
in a manner which places another person in danger of death or bodily
harm, including a firefighter responding to or at the scene of the
fire or explosion.
2. Arson
is a Class E offense.
3.8.2 Negligent arson.
1. A
person commits the offense of negligent arson if he or she purposely
or knowingly starts a fire or causes an explosion, whether on his
own property or property of another, and thereby negligently
a.
places another person in danger of death or bodily injury, including
a firefighter responding to or at the scene, or
b.
places property of another in danger of damage or destruction.
2. Negligent
arson as defined above in (1)(b) is a Class C offense. Negligent arson
as defined above in (1)(a) is a Class E offense.
3.8.3 Criminal mischief.
1. A
person commits the offense of criminal mischief by knowingly or purposely:
a.
injuring, damaging, or destroying any property of another without
his or her consent;
b.
tampering with the property of another or Tribal property without
consent, so as to endanger or interfere with the use of the property;
or
c.
damaging or destroying property in an attempt to defraud an insurer;
2. If
the verified damage amount does not exceed $1,000, criminal mischief
is a Class C offense.
3. If
the verified damage amount is greater than $1,000, criminal mischief
is a Class E offense.
3.8.4 Trespass.
1. A
person commits the offense of trespass by knowingly or purposely and
without express or implied privilege
a.
entering or remaining in an unoccupied structure;
b.
entering or remaining in or upon the premises of another;
c.
entering any vehicle or any part thereof; or
d.
allowing livestock to occupy or graze on the cultivated or enclosed
land of another.
e.
entering onto the Tulalip Reservation after having been excluded
from the reservation pursuant to Ordinance 71.
2. A
privilege to enter may be extended
a.
by explicit invitation, license, or permission from the landowner
or any other authorized person,
b.
by a landowner's failure to give notice that the lands are restricted,
or
c.
by law.
3. Access
to Tribal lands, waters, and natural resources by persons who are
not Tribal members is restricted as provided by Tribal and federal
law. Tribal members crossing Reservation lands in order to exercise
hunting and fishing rights retained by treaty do so with privilege.
4. Notice
restricting entry onto non-Tribal lands must be placed on a post,
structure, or natural object by marking it with written notice or
with not less than 50 square inches of fluorescent orange paint, except
that when metal posts are used the top one-third of the post must
be painted. Notice must be placed at all normal points of access to
the property. A privilege to enter may be revoked at any time by personal
communication of notice by the landowner or other authorized person
to the entering person.
5. Trespass
is a Class C offense.
3.8.5 Burglary.
1. A
person commits the offense of burglary by knowingly entering or remaining
in an occupied structure, without privilege to be there, with the
purpose of committing an offense therein.
2. Burglary
is a Class E offense.
3.8.6 Theft.
1. A
person commits the offense of theft by knowingly and purposely obtaining
or exerting unauthorized control, including by threat or deception,
over the property of the owner or by obtaining control over stolen
property knowing the property to have been stolen by another, and
the person
a.
has the purpose of depriving the owner of the property,
b.
uses, conceals, or abandons the property in such a manner as to
deprive the owner of the property, or
c.
uses, conceals, or abandons the property knowing such use, concealment,
or abandonment probably will deprive the owner of the property.
2. A
pawnbroker or dealer who buys and sells secondhand merchandise and
allows stolen property to be sold, bartered or otherwise disposed
of after a Tribal police officer has requested him to hold the property
for 30 days commits the offense of theft.
3. If
the verified value of the property does not exceed $1,000, theft is
a Class C offense.
4. If
the verified value of the property is greater than $1,000, theft is
a Class E offense.
3.8.7 Theft of lost or mislaid property.
1. A
person commits the offense of theft by obtaining control over lost
or mislaid property when the person
a.
knows or learns the identity of the owner or knows, is aware, or
learns of a reasonable method of identifying the owner; or
b.
fails to take reasonable measures to restore the property to the
owner; and
c.
has the purpose of depriving the owner permanently of the use or
benefit of the property.
2. Theft
of lost or mislaid property is a Class B offense.
3.8.8 Theft of labor or services or use of property.
1. A
person commits the offense of theft when he or she obtains use of
property, labor or services of another which are available only for
hire, by means of threat or deception or knowing that such use is
without the consent of the person providing the property, labor, or
services.
2. If
the verified value of the labor or services or use of property does
not exceed $1,000, its theft under this Section is a Class C offense.
3. If
the verified value of the labor or services or use of property is
greater than $1,000, its theft is a Class E offense.
3.8.9 Failure to return rented or leased property.
1. A
person commits the offense of failure to return rented or leased property
if, without notice to and permission of the lessor, the person knowingly
and purposely fails to return such property after the time provided
for such return in the rental agreement, provided that the date and
time when return of the property is required and the penalty prescribed
in this section is clearly stated, in bold print, in the written agreement.
2. Obtaining
rental or leased property through the use of false identification
constitutes prima facie evidence of the commission of this offense.
3. Failure
to return the rental property within 72 hours after written demand
by the lessor, sent by certified mail to the renter or lessee at the
address given at the time the rental agreement was entered into or
personally served on the renter or lessee, constitutes prima facie
evidence of the commission of this offense.
4. If
the verified value of the rented or leased property does not exceed
$1,000, failure to return rental property is a Class C offense.
5. If
the verified value of the rented or leased property is greater than
$1,000, failure to return rental property is a Class E offense.
3.8.10 Aiding the avoidance of telecommunications charges.
1. A
person commits the offense of aiding the avoidance of telecommunications
charges when he or she knowingly publishes the number or code of an
existing, canceled, revoked expired, or nonexistent telephone credit
card with the purpose of avoiding payment of lawful telecommunications
charges.
2. Aiding
the avoidance of telecommunications charges is a Class B offense.
3. For
purposes of this section, the term "publish" means to communicate
information to any one or more persons, either orally in person, by
telephone, radio, or television, or in a writing of any kind, including
but not limited to a letter, memorandum, circular, handbill, newspaper
or magazine article, or book.
3.8.11 Unauthorized acquisition or transfer of food stamps.
1. A
person commits the offense of unauthorized acquisition or transfer
of food stamps if he or she knowingly:
a.
acquires, purchases, possesses, or uses any food stamp or coupon
that he or she is not entitled to; or
b.
transfers, sells, trades, gives, or otherwise disposes of any food
stamp or coupon to another person not entitled to receive or use
it.
2. The
unauthorized acquisition or transfer of food stamps with a value of
less than $1,000 is Class C offense.
3. The
unauthorized acquisition or transfer of food stamps with a value of
greater than $1,000 is a Class E offense.
3.8.12 Waste, sale or trade of food distribution program foods.
1. A
person commits the offense of waste, sale or trade of food distribution
program foods (commodities) if he or she knowingly
a.
wastes the foods by discarding them,
b.
sells the foods to another for money, or
c.
trades the foods for other items or services.
2. Waste,
sale or trade of food distribution program foods is a Class B offense.
3.8.13 Unauthorized use of motor vehicle.
1. A
person commits the offense of unauthorized use of a motor vehicle
by knowingly operating the vehicle of another without his or her consent.
2. It
is a defense that the offender reasonably believed that the owner
would have consented to the offender's operation of the motor vehicle
if asked.
3. Unauthorized
use of a motor vehicle is a Class C offense.
3.8.14 Unlawful use of a computer.
1. A
person commits the offense of unlawful use of a computer by knowingly
or purposely
a.
obtaining the use of a computer, computer system, or computer network
without consent of the owner;
b.
altering or destroying or causing another to alter or destroy a
computer program or computer software without consent of the owner;
or
c.
obtaining the use of, or altering or destroying a computer, computer
system, computer network, or any part thereof, for the purpose of
obtaining money, property, or computer services from the owner of
the computer, computer system, computer network, or from any other
person.
2. If
the verified value of the property used, altered, destroyed, or obtained
does not exceed $1,000, unlawful use of a computer is a Class C offense.
3. If
the verified value of the property used, altered, destroyed, or obtained
is greater than $1,000, unlawful use of a computer is a Class E offense.
3.8.15 Issuing a bad check.
1. A
person commits the offense of issuing a bad check when the person
issues or delivers a check or other order upon a real or fictitious
depositary for the payment of money knowing it will not be honored
by the depositary.
2. If
the person issuing the check or other order has an account with the
depositary, failure to make good the check or other order within 15
days after written notice of nonpayment has been received by the issuer
is prima facie evidence that the person knew it would not be paid
by the depositary.
3. Issuing
a bad check for services, labor, or property obtained not exceeding
$1,000 is a Class C offense.
4. Issuing
a bad check for services, labor, or property obtained or attempted
to be obtained exceeding $1,000 is a Class E offense.