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.
3.8.16 Defrauding creditors.
1. A
person commits the offense of defrauding secured creditors if he or
she knowingly destroys, conceals, encumbers, transfers, removes from
the Reservation, or otherwise deals with property subject to a security
interest with the purpose to hinder enforcement of that interest.
2. "Security
interest" means an interest in personal property or fixtures
that secures payment or performance of an obligation.
3. Defrauding
creditors is a Class C offense.
3.8.17 Deceptive practices.
1. A
person commits the offense of deceptive practices by knowingly or
purposely:
a.
causing another, by deception or threat, to execute a document disposing
of property or a document by which a pecuniary obligation is incurred,
b.
making, directing another to make, or accepting a false or deceptive
statement regarding the person's financial condition for the purpose
of procuring a loan or credit;
c.
making or directing another to make a false or deceptive statement
addressed to the public or any person for the purpose of promoting
or procuring the sale of property, or
d.
obtaining or attempting to obtain property, labor, or services through
the use of an invalid credit card.
2. Deceptive
practices is a Class C offense.
3.8.18 Deceptive business practices.
1. A
person commits the offense of deceptive business practices if, while
in the course of engaging in a business, occupation, or profession,
the person knowingly or purposely:
a.
uses or possesses for use a false weight or measure or any other
device for falsely determining or recording any quantity or quality,
b.
sells, offers, exposes for sale, or delivers less than the represented
quantity of any commodity or service,
c.
takes or attempts to take more than the represented quantity of
any commodity or service when furnishing the weight or measure,
d.
sells, offers, or exposes for sale adulterated commodities,
e.
sells, offers, or exposes for sale mislabeled commodities, or
f.
makes a deceptive statement regarding the quantity or price of goods
in any advertisement addressed to the public.
2. Deceptive
business practices is a Class C offense.
3.8.19 Forgery.
1. A
person commits the offense of forgery when, with purpose to defraud,
the person knowingly falsely signs, makes, executes, or alters any
written instrument.
2. A
purpose to defraud means the purpose of causing another to assume,
create, transfer, alter, or terminate any right, obligation, or power
with reference to any person or property.
3. Except
as provided in subsection (4), forgery is a Class C offense.
4. If
the forgery is part of a common scheme, or if the value of the property,
labor, or services obtained or attempted to be obtained exceeds $1,000,
the offense is a Class E offense.
3.8.20 Obscuring the identity of a machine.
1. A
person commits the offense of obscuring the identity of a machine
if he or she:
a.
removes, defaces, alters, destroys, or otherwise obscures the manufacturer's
serial number or any other distinguishing identification number
or mark upon any machine, vehicle, electrical device, or firearm
with the purpose to conceal, misrepresent, or transfer any such
machine, vehicle, electrical device, or firearm, or
b.
possesses with the purpose to conceal, misrepresent, or transfer
any machine, vehicle, device, or firearm knowing that the serial
number or other identification number or mark has been removed or
otherwise obscured.
2. Obscuring
the identity of a machine is a Class C offense.
3. The
fact of possession or transfer of any such machine, vehicle, electrical
device, or firearm creates a presumption that the person knew the
serial number or other identification number or mark had been removed
or otherwise obscured.
3.8.21 Illegal branding or altering or obscuring a brand.
1. A
person commits the offense of illegal branding or altering or obscuring
a brand if he or she marks or brands any commonly domesticated hoofed
animal or removes, covers, alters, or defaces any existing mark or
brand on any commonly domesticated hoofed animal with the purpose
to obtain or exert unauthorized control over said animal or with the
purpose to conceal, misrepresent, transfer, or prevent identification
of said animal.
2. Illegal
branding or altering or obscuring a brand is a Class E offense.
3.8.22 Possessing stolen property
1. A
person is guilty of possessing stolen property in the first degree
if he or she knowingly possesses stolen property with a verified value
greater than $1000, or knowingly possesses a stolen firearm of any
value. Possessing stolen property in the first degree is a Class E
offense.
2. A
person is guilty of possessing stolen property in the second degree
if he or she knowingly possesses stolen property with a verified value
that does not exceed $1000. Possessing stolen property in the second
degree is a Class C offense.
3. “Stolen
property” means property obtained through theft.
3.8.23 Embezzlement
1. A
person who shall, having lawful custody of property not his or her
own, appropriate the same to his or her own use, with intent to deprive
the owner thereof, commits the crime of embezzlement.
2. If
the verified value of the property is greater than $1,000, embezzlement
is a Class E offense
3. If
the verified value of the property does not exceed $1,000, embezzlement
is a Class C offense.
3.8.24 Unauthorized use of credit cards
1. A
person commits the crime of unauthorized use of a credit card if he
or she uses the card for the purpose of obtaining property or services
with the knowledge that;
a.
the card is stolen or forged; or
b.
the card has been revoked or canceled; or
c.
For any other reason his or her use is unauthorized.
2. Credit
card means a writing or other evidence of an undertaking to pay for
property or services delivered or rendered to or upon the order of
a designated person or bearer.
3. Unauthorized
use of a credit card is a Class C offense.
Part 9 - Offenses Against Public Administration
3.9.1 Definitions. For purposes of this Part, the following definitions
apply:
1. "Administrative
proceeding" means any Tribal proceeding the outcome of which
is required to be based on a record or documentation prescribed by
law or in which a law or a regulation is particularized in its application
to an individual.
2. "Benefit"
means gain or advantage or anything regarded by the beneficiary as
gain or advantage, including benefit to any other person or entity
in whose welfare the beneficiary is interested.
3. "Official
proceeding" means a proceeding heard or that may be heard
before any legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, including
any referee, hearing examiner, commissioner, notary, or other person
taking testimony or deposition in connection with the proceeding.
4. "Pecuniary
benefit" is benefit in the form of money, property, commercial
interests, or anything else the primary significance of which is economic
gain.
5. “Petition”
mean a list of signatures submitted to any Tribal government official,
program or office pursuant to any ordinance, resolution or constitutional
provision providing for the submission of such signatures for the
purpose of initiating or requesting governmental action.
6. "Tribal
public servant" means any officer or employee of the Tribal
government including but not limited to a member of the Board of Directors,
a judge, anyone who has been elected or designated to become a Tribal
public servant, or any person serving as a juror, administrator, executor,
personal representative, guardian, or court appointed fiduciary.
3.9.2. Bribery.
1. A
person commits the offense of bribery by knowingly or purposely offering,
conferring, agreeing to confer upon another, soliciting, accepting,
or agreeing to accept from another, any benefit, including pecuniary
benefit, as consideration for:
a.
the recipient's decision, opinion, recommendation, vote, or other
exercise of discretion as a Tribal public servant or voter,
b.
the recipient's decision, vote, recommendation, or other exercise
of official discretion in a Tribal judicial or administrative proceeding,
or
c.
a violation of a known duty as a Tribal public servant.
2. It
is not a defense that a person whom the offender sought to bribe was
not qualified to act in the desired way.
3. Bribery
is a Class D offense.
4. A
person convicted of the offense of bribery shall forever be disqualified
from holding any position as a Tribal public servant.
3.9.3 Improper influence in official matters.
1. A
person commits the offense of improper influence by purposely or knowingly:
a.
threatening harm to any person, the person's spouse, child, parent,
or sibling, or the person's property with the purpose to influence
the person's decision, opinion, recommendation, vote or other exercise
of discretion as a Tribal public servant or voter;
b.
threatening harm to any Tribal public servant, to the Tribal public
servant's spouse, child, parent, or sibling, or to the public servant's
property with the purpose to influence the Tribal public servant's
decision, opinion, recommendation, vote or other exercise of discretion
in a judicial or administrative proceeding;
c.
threatening harm to any Tribal public servant, the public servant's
spouse, child, parent, or sibling, or the person's property with
the purpose to influence the person to violate her or his duty,
or
d.
privately talking about the circumstances of a pending or potential
controversy with any Tribal public servant who has or will have
official discretion in a judicial or administrative proceeding or
any other communication with such Tribal public servant designed
to influence or with the potential to influence the outcome of such
proceedings on the basis of considerations other than those authorized
by Tribal law.
2. It
is not a defense that a person whom the offender sought to influence
was not qualified to act in the desired way.
3. Improper
influence in official matters is a Class D offense.
3.9.4 Compensation for past official behavior.
1. A
person commits an offense under this section if he or she knowingly
solicits, accepts, or agrees to accept any pecuniary benefit as compensation
for having, as a Tribal public servant, given a decision, opinion,
recommendation, or vote favorable to another, for having exercised
a discretion in another's favor, or for having violated his or her
duty. A person commits an offense under this section if he or she
knowingly offers, confers, or agrees to confer compensation which
is prohibited by this section.
2. Compensation
for past official behavior is a Class C offense.
3.9.5 Gifts to Tribal public servants by persons subject to their
jurisdiction.
1. No
Tribal public servant in any department or agency exercising a regulatory
function, conducting inspections or investigations, carrying on a
civil or criminal litigation on behalf of Tribal government, or having
custody of prisoners shall solicit, accept or agree to accept any
pecuniary benefit from a person known to be subject to such regulation,
inspection, investigation, or custody or against whom such litigation
is known to be pending or contemplated.
2. No
Tribal public servant having any discretionary function to perform
in connection with contracts, purchases, payments, claims, or other
pecuniary transactions of the government shall solicit, accept, or
agree to accept any pecuniary benefit from any person known to be
interested in or likely to become interested in any such contract,
purchase, payment, claim, or transaction.
3. No
Tribal public servant having judicial or administrative authority
and no Tribal public servant employed by a Tribal court having such
authority or participating in the enforcement of its decision shall
solicit, accept, or agree to accept any pecuniary benefit from a person
known to be interested in or likely to become interested in any matter
before such Tribal public servant or tribunal with which he or she
is associated.
4. This
section shall not apply to:
a.
fees or payments prescribed by law to be received by a Tribal public
servant or any other benefit for which the recipient gives legitimate
consideration or to which he or she is otherwise entitled; or
b.
trivial benefits incidental to personal, professional, or business
contacts and involving no substantial risk of undermining official
impartiality.
5. No
person shall knowingly confer or offer or agree to confer any benefit
prohibited by subsections (1) through (3).
6. An
offense committed under this section is a Class C offense.
3.9.6. Perjury.
1. A
person commits the offense of perjury by knowingly making in any Tribal
judicial or administrative proceeding a false statement under oath
or equivalent affirmation, or by swearing or affirming the truth of
a false statement previously made when the statement is material to
the proceedings.
2. Perjury
is a Class D offense.
3.9.7 False swearing.
1. A
person commits the offense of false swearing by knowingly making a
false statement under oath or equivalent affirmation, or swearing
or affirming the truth of such a statement previously made when the
person does not believe the statement to be true and:
a.
the falsification occurs in an official proceeding;
b.
the falsification is purposely made to mislead a Tribal public servant
in performing his or her official function; or
c.
the statement is one which is required by law to be sworn or affirmed
before a notary or other person authorized to administer oaths.
2. False
swearing is a Class C offense.
3.9.8 Unsworn falsification to authorities.
1. A
person commits an offense under this section if, with purpose to mislead
a Tribal public servant in performing his or her official function,
he or she
a.
makes any written false statement which he or she does not believe
to be true,
b.
purposely creates a false impression in a written application for
any pecuniary or other benefit by omitting information necessary
to prevent statements therein from being misleading,
c.
submits or invites reliance on any writing which he or she knows
to be forged, altered, or otherwise lacking in authenticity, or
d.
submits or invites reliance on any sample, specimen, map, boundary
mark, or other object which he or she knows to be false.
2. Unsworn
falsification is a Class B offense.
3.9.9 Petition misconduct
1. A
person commits an offense under this section if he or she
a.
signs a petition with a name of another person or fictitious person,
or any name other than his or her true name; or
b.
signs a petition knowing that he or she is not eligible to sign
under applicable Tribal Ordinance, Resolution or Constitutional
provision; or
c.
in signing a petition, makes a false statement as to his or her
residence, age, tribal membership or other qualifications necessary
to sign the petition; or
d.
knowing that a petition contains false signatures or statements,
files the petition, or puts the petition off with intent that it
should be filed, as a true and genuine petition; or
e.
for any consideration or gratuity or promise thereof, signs or declines
to sign any petition; or
f.
provides or receives consideration for soliciting or procuring signatures
on a petition if any part of the consideration is based on the number
of signatures solicited or procured, or offers to provide or agrees
to receive such consideration any of which is based on the number
of signatures solicited or procured; or
g.
gives or offers any consideration or gratuity to any person to induce
him or her to sign or not to sign any petition; or
h.
interferes with or attempts to interfere with the right of any voter
to sign or not to sign a petition by threats, intimidation, or any
corrupt means or practice.
2. Petition
misconduct is a Class C offense
3.9.10 False alarms to agencies of public safety.
1. A
person commits an offense under this section if he or she knowingly
causes a false alarm of fire or other emergency to be transmitted
to or within any organization, Tribal or otherwise, official or volunteer,
which deals with emergencies involving danger to life or property.
2. False
alarms to public agencies is a Class C offense.
3.9.11 False reports to law enforcement officers.
1. A
person commits the offense of giving false reports to law enforcement
officers by knowingly
a.
giving false information to any law enforcement officer with the
purpose to implicate another,
b.
reporting to a law enforcement officer an offense or other incident
within their concern, knowing that the alleged offense or incident
did not occur, or
c.
pretending to furnish such officers with information relating to
an offense or incident when the person does not have information
relating to such offense or incident.
2. Giving
false reports to law enforcement officers is a Class C offense.
3.9.12 Tampering with witnesses, informants, or physical evidence.
1. A
person commits the offense of tampering if, believing that an official
proceeding or investigation is pending or about to be instituted,
the person knowingly or purposely attempts to or does
a.
induce or otherwise cause a witness or informant to testify or inform
falsely,
b.
withhold any testimony, information, document or other material
evidence,
c.
cause a witness to elude legal process summoning the witness to
testify or supply evidence, or
d.
alter, destroy, conceal, or remove any record, document, or other
physical object in order to impair its availability or reliability
in such proceeding or investigation.
2. Tampering
is a Class D offense over which the Tribes have exclusive jurisdiction.
3.9.13 Impersonating a Tribal public servant.
1. A
person commits the offense of impersonating a Tribal public servant
by knowingly and purposely pretending to hold a position as a public
servant of the Tribes as a means of inducing another to submit to
the person's authority or otherwise act in reliance upon such representation.
2. Impersonating
a Tribal public servant is a Class B offense.
3.9.14 False claims to Tribal agencies.
1. A
person commits an offense under this section if he or she purposely
and knowingly presents for allowance or for payment a claim already
paid by another or a false or fraudulent claim, bill, account, voucher,
or writing to a Tribal agency, Tribal public servant, or to a contractor
authorized to allow of pay claims presented to a Tribal agency, if
genuine.
2. A
false claim is a Class D offense.
3.9.15 Resisting arrest.
1. A
person commits the offense of resisting arrest by knowingly preventing
or attempting to prevent a law enforcement officer from making an
arrest by:
a.
using or threatening to use physical force or violence against the
law enforcement officer or another; or
b.
using any other means which creates a risk of causing physical injury
to a law enforcement or another.
2. It
is no defense to a charge of resisting arrest that the arrest was
unlawful, provided the law enforcement officer was acting under the
color of his or her official authority.
3. Resisting
arrest is a Class D offense.
3.9.16 Obstructing a law enforcement officer or other Tribal public
servant.
1. A
person commits the offense of obstructing a law enforcement officer
or other Tribal public servant if he or she knowingly obstructs, impairs,
or hinders the enforcement of the criminal law, the preservation of
the peace, or the performance of a Tribal governmental function.
2. It
is no defense to a charge under this section that the law enforcement
officer or other Tribal public servant was acting in an illegal manner,
provided he was acting under the color of his or her official authority.
3. Obstructing
a law enforcement officer or other Tribal public servant is a Class
C offense.
3.9.17 Obstructing justice.
1. For
the purpose of this section, "an offender" means a person
who has been or is liable to be arrested, charged, convicted, or punished
for a Tribal offense.
2. A
person commits the offense of obstructing justice if, knowing another
person is an offender, he or she purposely:
a.
harbors or conceals an offender;
b.
warns an offender of impending discovery or apprehension, except
this does not apply to a warning given in connection with an effort
to bring an offender into compliance with the law;
c.
provides an offender with money, transportation, a weapon, disguise,
or other means of avoiding discovery or apprehension;
d.
prevents or obstructs, by means of force, deception, or intimidation,
anyone from performing an act that might aid in the discovery or
apprehension of an offender;
e.
supports, by act of concealment, alteration, or destruction, any
physical evidence that might aid in the discovery or apprehension
of an offender; or
f.
aids an offender who is subject to detention to escape from such
detention.
3. Obstructing
justice is a Class C offense.
3.9.18 Violation of a protective order.
1. A
person to whom a protective order is directed commits the offense
of violating a protective order by, with knowledge of the order, knowingly
or purposely engaging in any conduct proscribed by the protective
order or by failing to meet any requirement of the order.
2. The
person requesting the protective order or for whose protection it
was issued may not be charged with violation of this section.
3. The
person against whom the protective order is directed may not be convicted
of a violation of the order if the person who requested the protective
order initiates the contact.
4. Violation
of a protective order is a Class D offense.
3.9.19 Escape.
1. A
person commits the offense of escape by:
a.
unlawfully removing herself or himself from official detention or
failing to return to detention following temporary leave granted
for a specific purpose or limited time period;
b.
aiding another person to escape from official detention; or
c.
knowingly procuring, making, possessing or providing a person in
official detention with anything which may facilitate escape.
2. Escape
is a Class D offense.
3.9.20 Providing contraband.
1. A
person commits the offense of providing contraband by knowingly providing
a person in official Tribal detention with alcoholic beverages, implements
of escape or any other items or substances which the person knows
are unlawful or improper for the detainee to possess.
2. Providing
contraband is a Class D offense.
3.9.21. Bail-jumping.
1. A
person commits the offense of bail-jumping if, having been released
on bail, or on the person's own recognizance, by Tribal Court order
or other lawful Tribal authority upon condition that the person subsequently
appear on a charge of an offense, the person fails, without just cause,
to appear in person or by counsel at the time and place lawfully designated
for the person's appearance.
2. Bail-jumping
constitutes a Class D offense.
3.9.22 Criminal contempt.
1. A
person commits the offense of criminal contempt by knowingly engaging
in any of the following conduct:
a.
disorderly, contemptuous, or insolent behavior committed during
the sitting of the Tribal Court or the Court of Appeals, in the
immediate view and presence of the court, and directly tending to
interrupt its proceedings or to impair the respect due its authority;
b.
breaching the peace by causing a disturbance directly tending to
interrupt the proceedings of the Tribal Court or the Court of Appeals;
c.
purposely disobeying or refusing any lawful process or other mandate
of Tribal Court or the Court of Appeals;
d.
unlawfully refusing to be sworn as a witness in any Tribal Court
proceeding or, after being sworn, refusing to answer any legal and
proper questions;
e.
purposely publishing a false or grossly inaccurate report of a Tribal
Court proceeding; or
f.
purposely failing to obey any mandate, process, or notice relative
to serving as a juror.
2. Criminal
contempt is a Class C offense.
3.9.23 Official misconduct.
1. A
Tribal public servant commits the offense of official misconduct when
in his or her official capacity he or she commits any of the following
acts:
a.
purposely or negligently fails to perform any mandatory duty as
required by law or by a court of competent jurisdiction;
b.
knowingly performs an act in his or her official capacity which
he or she knows is forbidden by law;
c.
with the purpose to obtain advantage for himself or herself or another,
performs an act in excess of his or her lawful authority;
d.
solicits or knowingly accepts for the performance of any act a fee
or reward which he or she knows is not authorized by law.
2. Official
misconduct is a Class D offense.
3. A
public servant who has been charged as provided in this section may
be suspended from his or her office without pay pending final judgment.
3.9.24 Misuse of Tribal Funds
1. Any
person who shall, being a tribal employee or other person charged
with receipt, safekeeping, transfer or disbursement of tribal funds,
without lawful authority, appropriates funds to his or her own use
or the use of another, or who shall otherwise handle tribal funds
in a manner not authorized by law, shall commit the crime of misuse
of public funds.
2. If
the amount of the Tribal funds misused is greater than $1,000, misuse
of tribal funds is a Class E offense
3. If
the amount of the tribal funds misused does not exceed $1,000, misuse
of tribal funds is a Class C offense.
Part 10 - Offenses Against Public Order
3.10.1 Disorderly conduct.
1. A
person commits the offense of disorderly conduct by knowingly disturbing
the peace of another by:
a.
knowingly uttering fighting words with a direct tendency to violence,
challenging to fight, or fighting;
b.
making loud or unusual noises;
c.
using physically threatening, profane, or abusive language;
d.
discharging firearms, except at a shooting range during established
hours of operation;
e.
obstructing vehicular or pedestrian traffic on a public way without
good cause;
f.
rendering the free entrance or exit to public or private places
impassable without good cause; or
g.
disturbing or disrupting any lawful assembly or public meeting after
having been asked to cease such disturbance or disruption or leave
the premises by one in authority at the assembly or meeting.
2. Disorderly
conduct is a Class B offense.
3.10.2. Riot.
1. A
person commits the offense of riot if he or she purposely disturbs
the peace by engaging in an act of violence as part of an assemblage
of five or more persons, which act or threat presents a clear and
present danger of or results in damage to property or injury to persons.
2. Riot
is a Class C offense.
3.10.3 Public nuisance.
1. A
person commits the offense of public nuisance by knowingly creating,
conducting, or maintaining a public nuisance.
2. "Public
nuisance" includes, but is not limited to:
a.
a condition which endangers safety or health, is offensive to the
senses, or obstructs the free use of property so as to interfere
with the comfortable enjoyment of life or property;
b.
persons gathering on any premise for the purpose of engaging in
unlawful conduct;
c.
a condition making passage of any public right-of-way, or waters
used by the public, dangerous; or
d.
a person appearing in a public place in an intoxicated condition
such that the person is unable to care for himself of herself.
3. Uses
of Reservation lands and waters by Tribal members or the Tribes, whether
agricultural operations or otherwise, existing prior to nearby residential
or commercial development or population increase, will not be considered
a public nuisance.
4. Public
nuisance is a Class A offense with a maximum fine of $1000. In addition,
the person creating the public nuisance may be ordered to abate the
nuisance or pay all costs of abatement.
3.10.4 Creating a hazard.
1. A
person commits the offense of creating a hazard by knowingly:
a.
discarding in any place where it might attract children a container
having a compartment with a capacity of more than 1.5 cubic feet
and an attached door or lid that automatically locks or otherwise
securely fastens when closed and cannot be easily opened from the
inside;
b.
maintaining any property under her or his control in a manner which
could attract children and which constitutes a potential health
or safety hazard to the children, without taking proper steps to
restrict access to the area;
c.
failing to cover or fence with suitable protective materials a well,
cistern, cesspool, mine shaft, or other hole of a depth of 4 or
more feet and a width of 12 or more inches located upon property
in the person's possession; or
d.
being the owner or otherwise having possession of any property owning
or possessing any property upon which industrial, construction,
or farming equipment is located and allowing the equipment to be
maintained or operated in an unsafe manner or condition.
2. Creating
a hazard is a Class C offense.
3.10.5 Harming a police dog.
1. A
person commits the offense of harming a police dog if he or she purposely
or knowingly shoots, kills, or otherwise injures a police dog being
used by a Tribal law enforcement officer in discharging or attempting
to discharge any legal duty in a reasonable and proper manner.
2. Harming
a police dog is a Class C offense.
3.10.6. Causing animals to fight.
1. A
person commits the offense of causing animals to fight by:
a.
owning, possessing, keeping, or training any animal with the intent
that such animal fight or engage in an exhibition of fighting with
another animal;
b.
allowing or causing any animal to fight with another animal or causing
any animal to menace or injure another animal for the purpose of
sport, amusement, or gain;
c.
knowingly permitting any act in violation of subsection (1)(a) or
(1) (b) to take place on any premises under the person's charge
or control, or aids or abets any such act; or
d.
participating in any exhibition in which animals are fighting for
the purpose of sport, amusement, or gain.
2. Causing
animals to fight is a Class D offense.
3.10.7 Dog Control Violations. A person commits an offense if
they violate any of the criminal provisions of the Dog Control Code,
Ordinance 113. Sentencing for violations of the Dog Control Code shall
be in accordance with Section 13 of Ordinance 113.
3.10.8 Unlawful camping.
1. It
shall be unlawful for any person to camp, occupy camp facilities or
use camp paraphernalia in the following areas, except as otherwise
provided by ordinance:
a.
Any park, unless park or park area is specifically designated for
camping;
b.
Any public or tribal street;
c.
Any publicly or tribally owned parking lot or publicly owned area,
improved or unimproved, unless the area is specifically designated
for camping.
2. For
purpose of this Ordinance, “camp” means occupying a place,
with or without a vehicle, for the purpose of sleeping overnight or
temporarily residing.
3. Unlawful
camping is a Class A offense with a maximum fine of $75.00.
Part 11- Communications Offenses
3.11.1. Promoting obscene acts or materials.
1. A
person commits the offense of promoting obscene acts or materials
when, with knowledge of the obscene nature thereof, he or she purposely
or knowingly:
a.
sells, delivers, or provides or offers or agrees to sell, deliver,
or provide any obscene writing, picture, record, or other representation
or embodiment of the obscene to anyone under the age of 18;
b.
presents or directs an obscene play, dance, or other performance,
or participates in that portion thereof which makes it obscene,
to anyone under the age of 18;
c.
publishes, exhibits, or otherwise makes available anything obscene
to anyone under the age of 18;
d.
performs an obscene act or otherwise presents an obscene exhibition
of his body to anyone under the age of 18;
e.
creates, buys, procures, or possesses obscene matter or material
with the purpose to disseminate it to anyone under the age of 18;
f.
advertises or otherwise promotes the sale of obscene material or
materials represented or held out by him to be obscene.
2. A
thing is obscene if:
a.
I. it is a representation or description of perverted ultimate sexual
acts, actual or simulated;
II.
it is a patently offensive representation or description of masturbation,
excretory functions, or lewd exhibition of the genitals; and taken
as a whole, the material
i.
applying contemporary community standards, appeals to the prurient
interest in sex;
ii.
portrays conduct described in subsection (2)(a) in a patently
offensive way; and
iii.
lacks serious literary, artistic, political, or scientific value.
3. In
any prosecution for an offense under this section, evidence shall
be admissible to show:
a.
the predominant appeal of the material and what effect, if any,
it would probably have on the behavior of people;
b.
the artistic, literary, scientific, educational, or other merits
of the material;
c.
the degree of public acceptance of the material in the community;
d.
appeal to prurient interest or absence thereof in advertising or
other promotion of the material; or
e.
the purpose of the author, creator, publisher, or disseminator.
4. Promoting
obscene acts or materials is a Class D offense.
3.11.2. Public display or dissemination of obscene material to minors.
1. A
person having custody, control or supervision of any commercial establishment
or newsstand may not knowingly or purposely:
a.
display obscene material to minors in such a way that minors, as
a part of the invited public, will be able to view the material;
provided, however, that a person is considered not to have displayed
obscene material to minors if the material is kept behind devices
commonly known as blinder racks so that the lower two-thirds of
the material is not exposed to view or other reasonable efforts
were made to prevent view of the material by a minor;
b.
sell, furnish, present, distribute, or otherwise disseminate to
a minor or allow a minor to view, with or without consideration,
any obscene material; or
c.
present to a minor or participate in presenting to a minor, with
or without consideration, any performance that is obscene to minors.
2. A
person does not violate this section if:
a.
he or she had reasonable cause to believe the minor was 18 years
of age. "Reasonable cause" includes but is not
limited to being shown a draft card, driver's license, marriage
license, birth certificate, educational identification card, governmental
identification card, or other official or apparently official card
or document purporting to establish that the person is 18 years
of age;
b.
the person is, or is acting as, an employee of a public school,
college, or university or a retail outlet affiliated with the serving
the educational purposes of a school, college, or university and
the material or performance was disseminated in accordance with
policies approved by the governing body of the institution;
c.
the person is an officer, director, trustee, or employee of a public
library or museum and the material or performance was acquired by
the library or museum and disseminated in accordance with policies
approved by the governing body of the library or museum;
d.
an exhibition in a state of nudity is for a bona fide scientific
or medical purpose for a bona fide school, library, or museum; or
e.
the person is a retail sales clerk with no financial interest in
the material or performance or in the establishment displaying or
selling the material or performance.
3. Public
display or dissemination of obscene material to minors is a Class
D offense.
3.11.3. Violation of privacy in communications.
1. A
person commits the offense of violating privacy in communication who
knowingly or purposely:
a.
communicates with any person by telephone and uses any obscene,
lewd or profane language, suggests any lewd or lascivious act, or
threatens to inflict injury or physical harm to the person or property
of any person, intending that the communication terrify, intimidate,
threaten, harass, annoy, or offend the person;
b.
uses a telephone to extort anything of value from any person or
to disturb by repeated telephone calls the peace, quiet, or right
of privacy of any person at the place where the telephone call or
calls are received;
c.
records or causes to be recorded any conversation by use of hidden
electronic or mechanical devices which reproduce conversation without
the knowledge of all parties to the conversation, unless:
i.
the recording is of a person speaking at a public meeting, or
ii.
the person making the recording has given warning that the conversation
is being recorded, or
iii.
the recording is specifically authorized in advance by a Tribal
Court Order using the standards set forth for search warrants.
d.
reading or disclosing any communications addressed to another person
without the permission of such person, unless directed by a court
order to read or disclose such communications.
2. Violating
privacy in communications is a Class C offense.
3.11.4. Bribery in contests.
1. A
person commits the offense of bribery in contests if he or she purposely
or knowingly offers, confers, or agrees to confer upon another or
solicits, accepts, or agrees to accept from another:
a.
any pecuniary benefit as a consideration for the recipient's failure
to use his or her best efforts in connection with any professional
or amateur athletic contest, sporting event, or exhibition; or
b.
any benefit as consideration for a violation of a known duty as
a person participating in, officiating, or connected with any professional
or amateur athletic contest, sporting event, or exhibition.
2. Bribery
in contests is a Class E offense.
Part 12 - Weapons Offenses
3.12.1. Carrying concealed weapon.
1. A
person commits the offense of carrying a concealed weapon by knowingly
carrying or bearing a dirk, dagger, pistol, revolver, slingshot, sword
cane, billy club, knuckles made of any metal or other hard substance,
knife having a blade at least 4 inches long, non-safety type razor,
or any other deadly weapon which is wholly or partially covered by
the clothing or wearing apparel of the person carrying the weapon,
or is carried any place within the occupant compartment of a motor
vehicle.
2. Subsection
(1) does not apply to:
a.
any law enforcement officer;
b.
a person authorized by a judge of the Tribal Court to carry a concealed
weapon;
c.
a person permitted under state and tribal law to carry a concealed
weapon; or
d.
the carrying of arms on one's own premises or at one's home or place
of business.
3. Carrying
a concealed weapon is a Class C offense.
3.12.2 Possession of deadly weapon by prisoner. Every prisoner
committed to the Tribal jail, who while at the jail, while being conveyed
to or from the jail, or while under the custody of prison or jail officers,
or employees, purposely or knowingly possesses or carries upon his person
or has under his custody or control without lawful authority a dirk,
dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made
of metal or hard substance, knife, razor not including a safety razor,
or other deadly weapon is guilty of a Class D offense.
3.12.3 Carrying a concealed weapon while under the influence.
1. A
person commits the offense of carrying a concealed weapon while under
the influence if he or she purposely or knowingly carries a concealed
weapon while under the influence of an intoxicating substance. For
the purpose of this statute "under the influence" means
that as a result of taking into the body alcohol, drugs, or any combination
of alcohol and drugs, a person's ability to safely operate a weapon
It is not a defense that the person had is a person permitted to carry
a concealed weapon under section 3.12.1(2)©).
2. Carrying
a concealed weapon while under the influence is a Class D offense.
3.12.4 Carrying concealed weapon in a prohibited place.
1. A
person commits the offense of carrying a concealed weapon in a prohibited
place if he or she purposely or knowingly carries a concealed weapon
in:
a.
a building owned or leased by the federal, state, local government,
or Tribes or any governmental entity;
b.
a bank, credit union, savings and loan institution, or similar institution;
or
c.
a commercial establishment in which alcoholic beverages are sold,
dispensed, and consumed.
2. It
is not a defense that the person had the permission of the Tribal
Court or a state permit to carry a concealed weapon.
3. Carrying
a concealed weapon in a prohibited place is a Class D offense.
3.12.5 Carrying handgun in occupant compartment of motor vehicle.
1. A
person commits an offense under this section if he or she knowingly
carries or bears a handgun, pistol or revolver in any location within
the occupant compartment of a motor vehicle.
2. the
occupant compartment of a motor vehicle includes any place within
a motor vehicle that is accessible from the driver or passenger seats,
including any glove or utility compartment, but does not include a
trunk that is not accessible to the occupant compartment.
3. Subsection
(1) shall not apply to:
a.
any law enforcement officer;
b.
a person permitted under tribal or state law to carry a concealed
weapon.
4. Carrying
a handgun in occupant compartment of a motor vehicle is a Class C
offense.
3.12.6 Carrying or bearing a switchblade knife.
1. Every
person who knowingly carries or bears upon his or her person, who
carries or bears within or on a motor vehicle or other means of conveyance
operated by him or her or who owns, possesses, uses, stores, gives
away, sells, or offers for sale a switchblade knife shall be guilty
of a Class C offense.
2. A
bona fide collector whose collection is registered with the Tribal
Police is exempted from the provisions of this section.
3. For
the purpose of this section, a switchblade knife is defined as any
knife which has a blade 1 and ½ inches long or longer which
opens automatically by hand pressure applied to a button, spring,
or other device in the handle of the knife.
4. Carrying
or bearing a switchblade knife is a Class C offense.
3.12.7 Reckless or malicious use of explosives.
1. Every
person who shall recklessly or maliciously use, handle, or have in
his or her possession any explosive substance whereby any human being
is intimidated, terrified, or endangered shall be guilty of a Class
C offense.
2. "Explosive"
means any chemical compound that is commonly used or intended for
the purpose of producing a destructive effect and which contains compounds
or ingredients in such proportions, quantities, or packing that ignition
by fire, friction, concussion, percussion, or a detonator of any part
of the compound or mixture may cause a destructive effect on surrounding
objects or persons.
3. Reckless
or malicious use of explosives is a Class C offense.
3.12.8 Possession of a destructive device.
1. A
person who, with the purpose to commit a Class E offense, has in his
or her possession any destructive device on a public street or highway,
in or near a theater, hall, school, college, church, hotel, Tribally-owned
building, or any other public building, or private habitation, in,
on or near any aircraft, railway passenger train, vessel engaged in
carrying passengers for hire, or other public place ordinarily passed
by human beings is guilty of the offense of possession of a destructive
device.
2. "Destructive
device" as used in this section includes, but is not limited
to the following weapons:
a.
a projectile containing an explosive or incendiary material or any
other similar chemical substance, including but not limited to that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns;
b.
a bomb, grenade, explosive missile, or similar device or a launching
device therefor;
c.
a weapon of a caliber greater than .60 caliber which fires fixed
ammunition or any ammunition therefor, other than a shotgun or shotgun
ammunition;
d.
a rocket, rocket-propelled projectile, or similar device of a diameter
greater than .60 inch or a launching device therefor and a rocket,
rocket-propelled projectile or similar device containing an explosive
or incendiary material or any other similar chemical substance other
than the propellant for the device, except devices designed primarily
for emergency or distress signaling purposes; or
e.
a breakable container which contains a flammable liquid with a flash
point of 150 degrees Fahrenheit or less and which has a wick or
similar device capable of being ignited, other than a device which
is commercially manufactured primarily for the purpose of illumination.
3. For
purposes of this section, the term “destructive device”
does not include fireworks that are not prohibited by the Fireworks
Code, Ordinance 52.
4. Possession
of a destructive device is a Class E offense.
3.12.9 Possession of explosives.
1. A
person commits the offense of possession of explosives if he or she
possesses, manufactures, transports, buys, or sells an explosive compound,
flammable material, or timing, detonating, or similar device for use
with an explosive compound or incendiary device and
a.
has the purpose to use such explosive material or device to commit
an offense, or
b.
knows that another has the purpose to use such explosive material
or device to commit an offense.
2. For
purposes of this section, the term “explosives” does not
include fireworks that are not prohibited by the Fireworks Code, Ordinance
52.
3. Possession
of explosives is a Class E offense.
3.12.10 Possession, transportation, sale or discharge of prohibited
fireworks.
1. A
person commits the offense under this section if he or she possesses,
transports, discharges, sells, or offers for sale any fireworks prohibited
by Ordinance 52, Fireworks Code.
2. "Fireworks"
means any device containing any combustible or explosive substance
for the purpose of producing a visible or audible display of combustion,
explosion, deflagration or detonation, but not including any firearms.
3. Possession
of prohibited fireworks is a Class C offense.
3.12.11 Possession of a silencer.
1. A
person commits the offense of possession of a silencer if he or she
possesses, manufactures, transports, buys, or sells a silencer and
has the purpose to use it to commit an offense or knows that another
person has such a purpose.
2. Possession
of a silencer is a Class E offense.
3.12.12 Possession of a sawed-off firearm.
1. A
person commits the offense of possession of a sawed-off firearm if
he or she knowingly possesses a rifle or shotgun that when originally
manufactured had a barrel length of:
a.
16 inches or more and an overall length of 26 inches or more in
the case of a rifle; or
b.
18 inches or more and an overall length of 26 inches of more in
the case of a shotgun; and
c.
the firearm has been modified in a manner so that the barrel length,
overall length, or both are less than specified in subsection (1)(a)
or (1)(b).
2. The
barrel length is the distance from the muzzle to the rear-most point
of the chamber.
3. This
section does not apply to firearms possessed:
a.
for educational or scientific purposes in which the firearms are
incapable of being fired;
b.
by a person who has a valid federal tax stamp for the firearm, issued
by the Bureau of Alcohol, Tobacco, and Firearms; or
c.
by a bona fide collector of firearms if the firearm is a muzzle
loading, sawed-off firearm manufactured before 1900.
4. Possession
of a sawed-off firearm is a Class D offense.
3.12.13 Firing firearms.
1. Except
as provided in subsections (2) and (3), every person who purposely
shoots or fires off a gun, pistol, or any other firearm within the
limits of any town, city, Tribal housing or community area, or any
private enclosure which contains a dwelling house is guilty of a Class
A offense.
2. Firearms
may be discharged at an indoor or outdoor rifle, pistol, or shotgun
shooting range located within the limits of a town, city, Tribal housing
or community area, or an enclosure that contains a private dwelling.
3. Subsection
(1) does not apply if the discharge of a firearm is justifiable under
Part 3 of this Chapter.
3.12.14 Use of firearms by children under 14 years.
1. Unless
a child is accompanied by a person having charge or custody of the
child or under the supervision of a qualified firearms safety instructor
who has been authorized by the parent or guardian, it is unlawful
for a parent, guardian, or other person having charge of custody of
a minor child under the age of 14 years to permit the minor child
to carry or use in public any firearms.
2. "Public
places" means any place to which the public, Tribal licensees
or invitees, or any group of substantial size has access.
3. Any
parent, guardian, or other person having charge or custody of a minor
child under the age of 14 years violating the provisions of this section
is guilty of a Class A offense.
Part 13 - Traffic Violations
3.13.1 Washington State Provisions Incorporated. The following
sections of the Revised Code of Washington as presently constituted
or hereafter amended are incorporated herein as provisions of this ordinance
and shall apply to all persons subject to the jurisdiction of the Tulalip
Tribal Court: RCW Chapters 46.04, 46.37, 46.61, and RCW sections 46.09.020,
46.09.120, 46.09.130, 46.09.140, 46.09.190, 46.12.210, 46.12.215, 46.12.220,
46.20.001, 46.20.015, 46.20.017, 46.20.024, 46.20.025, 46.25.050, 46.52.010,
46.52.020, 46.52.030, 46.52.035, 46.52.040. In incorporating the above
statutes, the Tulalip Tribes do not incorporate any State agency interpretation
of such statutes, and State case law shall not be controlling authority
in the interpretation of such statutes by the Tribal Court.
3.13.2. Amendments. Amendments, additions, deletions or recodifications
of such provisions by the State of Washington after the enactment of
this Ordinance shall become a part hereof for all purposes unless the
Board of Directors by ordinance or resolution specifically provides
otherwise.
3.13.3. Motor Vehicle Offenses. It is unlawful for any person
to operate, drive or move a motor vehicle on the roads of the Tulalip
Indian Reservation in violation of any of the requirements of Section
3.13.1 or to do any act forbidden or fail to perform any act required
by Section 3.13.1.
3.13.4 Definitions. As contained in the above-cited motor vehicle
laws, "highways", "state highways"
and "public highways" shall be construed to mean "all
roads, public and private, within the jurisdiction of the Tulalip Tribes",
and "county jail" or "jail" shall
be construed to mean "tribal or other jail authorized by the
Tribes to receive prisoners". Reference to any "court"
shall be construed to mean the "Tulalip Tribal Court".
3.13.5 Inapplicable Provisions. Any of the provisions or portions
of the provisions of the Revised Code of Washington listed above which,
by their nature, would not apply to the Tulalip Tribes, Reservation,
or Tribal Court, or the incorporation of which would undermine the underlying
principles and purposes of this Code, or which are inconsistent with
the provisions of this Chapter or this Code are not incorporated herein.
3.13.6 Driving While License Suspended or Revoked. Any person
who drives a motor vehicle on any roads within the Tulalip Reservation
at a time when his privilege to do so is suspended or revoked by the
Tribal Court or any other jurisdiction with lawful authority, shall
be guilty of Driving While License Suspended or Revoked, which shall
be a civil infraction subject to the penalties as provided in this title,
except that second and subsequent offenses committed by persons subject
to the criminal jurisdiction of the Court shall be a Class C criminal
offense.
3.13.7 Negligent Driving. Any person who drives any vehicle in
a negligent manner without due care and caution or in such a manner
as to endanger or be likely to endanger any persons or property shall
be guilty of negligent driving, which shall be a Class B criminal offense
for persons subject to the criminal jurisdiction of the Tulalip Tribes
and for all other persons shall be a civil infraction subject to the
penalties as provided in this title.
3.13.8 Negligent Driving Lesser Included Offense. The offense
of operating a vehicle in a negligent manner shall be considered to
be a lesser offense than, but included in the offense of operating a
vehicle in a reckless manner.
3.13.9 Financial Responsibility- Liability Insurance Requirement.
1.a.
No person may operate a motor vehicle on roads within the Tulalip
Reservation unless the person is insured under a motor vehicle liability
policy, or equivalent coverage by bond or self insurance, with liability
limits of not less than twenty-five thousand dollars because of bodily
injury to or death of one person in any one accident and, subject
to said limit for one person, to a limit of not less than fifty thousand
dollars because of bodily injury to or death of two or more persons
in any one accident, and if the accident has resulted in injury to,
or destruction of, property to a limit of not less than ten thousand
dollars because of injury to or destruction of property of others
in any one accident. Written proof of financial responsibility for
motor vehicle operation must be provided on the request of a law enforcement
officer.
b.
When asked to do so by a law enforcement officer, failure to display
an insurance identification card creates a presumption that the
person does not have motor vehicle insurance.
c.
Failure to provide proof of motor vehicle insurance is a traffic
infraction and is subject to penalties as set forth in this title.
2. If
a person cited for a violation of subsection (1) of this section appears
in person before the court and provides written evidence that at the
time the person was cited, he or she was in compliance with the liability
insurance requirements of subsection (1) of this section, the citation
shall be dismissed. In lieu of personal appearance, a person cited
for a violation of subsection (1) of this section may, before the
date scheduled for the person's appearance before the court, submit
by mail to the court written evidence that at the time the person
was cited, he or she was in compliance with the financial responsibility
requirements of subsection (1) of this section, in which case the
citation shall be dismissed without cost, except that the court may
assess court administrative costs of twenty-five dollars at the time
of dismissal.
3.13.10 Implied Consent--Suspension of Driving Privileges.
1. Any
person who operates a motor vehicle within the jurisdiction of the
Tulalip Tribes is deemed to have given consent, subject to the provisions
of RCW 46.61.506, to a test or tests of his or her breath or blood
for the purpose of determining the alcohol concentration or presence
of any drug in his or her breath or blood if arrested for any offense
where, at the time of the arrest, the arresting officer has reasonable
grounds to believe the person had been driving or was in actual physical
control of a motor vehicle while under the influence of intoxicating
liquor or any drug or was in violation of RCW 46.61.503.
2. The
test or tests of breath shall be administered at the direction of
a law enforcement officer having reasonable grounds to believe the
person to have been driving or in actual physical control of a motor
vehicle within the jurisdiction of the Tulalip Tribes while under
the influence of intoxicating liquor or any drug or the person to
have been driving or in actual physical control of a motor vehicle
while having alcohol in a concentration in violation of RCW 46.61.503
in his or her system and being under the age of twenty-one. However,
in those instances where the person is incapable due to physical injury,
physical incapacity, or other physical limitation, of providing a
breath sample or where the person is being treated in a hospital,
clinic, doctor's office, emergency medical vehicle, ambulance, or
other similar facility in which a breath testing instrument is not
present or where the officer has reasonable grounds to believe that
the person is under the influence of a drug, a blood test shall be
administered by a qualified person as provided in RCW 46.61.506(4).
The officer shall inform the person of his or her right to refuse
the breath or blood test, and of his or her right to have additional
tests administered by any qualified person of his or her choosing
as provided in RCW 46.61.506. The officer shall warn the driver that:
a.
His or her privilege to drive will be revoked or denied if he or
she refuses to submit to the test;
b.
His or her privilege to drive will be suspended, or denied if the
test is administered and the test indicates the alcohol concentration
of the person's breath or blood is 0.08 or more, in the case of
a person age twenty-one or over, or in violation of RCW 46.61.502,
46.61.503, or 46.61.504 in the case of a person under age twenty-one;
and
c.
His or her refusal to take the test may be used in a criminal trial.
2. Except
as provided in this section, the test administered shall be of the
breath only. If an individual is unconscious or is under arrest for
the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular
assault as provided in RCW 46.61.522, or if an individual is under
arrest for the crime of driving while under the influence of intoxicating
liquor or drugs as provided in RCW 46.61.502, which arrest results
from an accident in which there has been serious bodily injury to
another person, a breath or blood test may be administered without
the consent of the individual so arrested.
3. Any
person who is dead, unconscious, or who is otherwise in a condition
rendering him or her incapable of refusal, shall be deemed not to
have withdrawn the consent provided by subsection (1) of this section
and the test or tests may be administered, subject to the provisions
of RCW 46.61.506, and the person shall be deemed to have received
the warnings required under subsection (2) of this section.
4. If,
following his or her arrest and receipt of warnings under subsection
(2) of this section, the person arrested refuses upon the request
of a law enforcement officer to submit to a test or tests of his or
her breath or blood, no test shall be given except as authorized under
subsection (3) or (4) of this section.
5. If,
after arrest and after the other applicable conditions and requirements
of this section have been satisfied, a test or tests of the person's
blood or breath is administered and the test results indicate that
the alcohol concentration of the person's breath or blood is 0.08
or more if the person is age twenty-one or over, or is in violation
of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the
age of twenty-one, or the person refuses to submit to a test, the
person’s privilege to operate o motor vehicle within the jurisdiction
of the Tulalip Tribes shall be suspended or denied. The arresting
officer shall notify the person of the intention to suspend the person’s
driving privileges and shall transmit to the Tribal Court within seventy-two
hours, except as delayed as the result of a blood test, a declaration
or sworn report that states:
i.
That the officer had reasonable grounds to believe the arrested
person had been driving or was in actual physical control of a motor
vehicle within the jurisdiction of the Tulalip Tribes while under
the influence of intoxicating liquor or drugs, or both, or was under
the age of twenty-one years and had been driving or was in actual
physical control of a motor vehicle while having an alcohol concentration
in violation of RCW 46.61.503;
ii.
That after receipt of the warnings required by subsection (2) of
this section the person refused to submit to a test of his or her
blood or breath, or a test was administered and the results indicated
that the alcohol concentration of the person's breath or blood was
0.08 or more if the person is age twenty-one or over, or was in
violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person
is under the age of twenty-one.
6. The
Tulalip Tribal Court, upon the receipt of a report of the law enforcement
officer under subsection (6) above, shall suspend or deny such person's
privilege to drive within the exterior boundaries of the Tulalip Reservation
for a period of six months after the date of the alleged violation,
subject to review as hereinafter provided.
7. Upon
suspending or denying the privilege to drive of any person, as hereinbefore
directed in this section, the Tulalip Tribal Court shall immediately
notify the person involved in writing by personal service or by registered
or certified mail of its decision and the grounds therefor, and of
his right to a hearing, specifying the steps he must take to obtain
a hearing.
The person
upon receiving such notice may, in writing and within ten days therefrom,
request a formal hearing. The Tulalip Tribal Court shall schedule
a hearing for a date within thirty days of receipt of the request
and shall give ten days' notice of the hearing to the person requesting
the hearing. The scope of the hearing shall cover the issues of whether
a law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor vehicle
within this state while under the influence of intoxicating liquor
or any drug or had been driving or was in actual physical control
of a motor vehicle within the jurisdiction of the Tulalip Tribes while
having alcohol in his or her system in a concentration in violation
of RCW 46.61.503 and was under the age of twenty-one, whether the
person was placed under arrest, and
a.
whether the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal would
result in the revocation of the person's license, permit, or privilege
to drive, or
b.
if a test or tests were administered, whether the applicable requirements
of this section were satisfied before the administration of the
test or tests, whether the person submitted to the test or tests,
or whether a test was administered without express consent as permitted
under this section, and whether the test or tests indicated that
the alcohol concentration of the person's breath or blood was 0.08
or more if the person was age twenty-one or over at the time of
the arrest, or was in violation of RCW 46.61.502, 46.61.503, or
46.61.504 if the person was under the age of twenty-one at the time
of the arrest. The sworn report or declaration submitted by a law
enforcement officer is prima facie evidence that the officer had
reasonable grounds to believe the person had been driving or was
in actual physical control of a motor vehicle within the jurisdiction
of the Tulalip Tribes while under the influence of intoxicating
liquor or drugs, or both, or the person had been driving or was
in actual physical control of a motor vehicle within the jurisdiction
of the Tulalip Tribes while having alcohol in his or her system
in a concentration in violation of RCW 46.61.503 and was under the
age of twenty-one and that the officer complied with the requirements
of this section.
The
Tulalip Tribal Court shall order that the suspension or denial either
be rescinded or sustained. Any decision by the Tribal Court suspending
or denying a person's driving privilege shall be stayed and shall
not take effect while a formal hearing is pending or during the
pendency of a subsequent appeal to the Tulalip Tribal Appellate
Court.
8. A
suspension imposed under this section, other than as a result of a
breath or blood test refusal, shall be stayed if the person is accepted
for deferred prosecution as provided in Section 2.8.10 for the incident
upon which the suspension is based. If the deferred prosecution is
terminated, the stay shall be lifted and the suspension reinstated.
If the deferred prosecution is completed, the stay shall be lifted
and the suspension canceled.
9. If
the suspension or denial is sustained by the Tribal Court in the formal
hearing, the person whose privilege to drive is so affected shall
have the right to file a notice of appeal with the Tulalip Tribal
Court. The Subchapter on Appellate Proceedings set forth in Section
1.11 of Ordinance 49 shall govern any appeal that may be filed under
this Subchapter.
3.13.11 Occupational Driver's Permit--Petition--Eligibility--Restrictions-Cancellation.
1. Any
person whose privilege to drive within the exterior boundaries of
the Tulalip Reservation is suspended or denied under this Subchapter
may petition the Tribal Court for an occupational driver's permit.
The Court upon determining that the petitioner is engaged in an occupation
or trade which makes it essential that the petitioner operate a motor
vehicle may, in its discretion, issue a permit to drive to the petitioner
and may set definite restrictions such as hours of the day, which
may not exceed twelve hours in any one day, days of the week, type
of occupation, areas or routes of travel permitted, or no driving
if the person has been drinking.
2. The
Tribal Court may cancel an occupational driver's permit upon receipt
of notice that the holder has operated a motor vehicle in violation
of its restrictions or upon notice of the commission of an alcohol
related driving offense.
3.13.12 Notice to Tribal Police Department. The Tribal Court
shall notify the Tribal Police Department in writing of any suspension
or denial of driving privileges within the boundaries of the Tulalip
Reservation and of any occupational permits issued by the Court and
restrictions placed upon such occupational permit.
3.13.13 Infraction - What Constitutes.
1. Failure
to perform any act required or the performance of any act prohibited
by the laws incorporated by section 3.13.1 is designated a traffic
infraction and may not be classified as a criminal offense except
for the following provisions of the Revised Code of Washington incorporated
by reference in section 3.13.1:
a.
RCW 46.09.120(2) relating to the operation of a non-highway vehicle
while under the influence;
b.
RCW 46.09.130 relating to operation of non-highway vehicles;
c.
RCW 46.52.010 relating to hitting or striking an unattended car
or other property;
d.
RCW 46.52.020 relating to duty in case of injury to or death of
a person or damage to an attended vehicle;
e.
RCW 46.61.015 relating to obedience to police officers, flagmen,
or fire fighters;
f.
RCW 46.62.020 relating to refusal to give information to or cooperate
with an officer;
g.
RCW 46.61.022 relating to failure to stop and give identification
to an officer;
h.
RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
i.
RCW 46.61.500 relating to reckless driving;
j.
RCW 45.61.502 and 46.61.504 relating to persons under the influence
of intoxicating liquor or drugs;
k.
RCW 46.61.503 relating to a person under age twenty-one driving
a motor vehicle after consuming alcohol;
l.
RCW 46.61.520 relating to vehicular homicide by motor vehicle;
m.
RCW 46.61.522 relating to vehicular assault;
n.
RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
o.
RCW 46.61.530 relating to racing of vehicles on highways;
p.
RCW 46.61.685 relating to leaving children in an unattended vehicle
with the motor running.
3.13.14 Criminal Penalties. The penalties imposed by the Tribal
Court for criminal traffic violations shall be those set forth in the
above referenced sections of the Revised Code of Washington, except
that no Tribal Court penalty may exceed one year jail time or a fine
of $5,000, or both.
In addition
to any other penalties imposed on a person convicted of a traffic offense,
the Court may prohibit or set restrictions on the operation of a vehicle
by such person on any road within the jurisdiction of the Tulalip Tribes
for a period not to exceed one year, or may utilize the provisions for
the suspension or revocation of driver's licenses under the laws of
the jurisdiction issuing such license.
3.13.15 Traffic Infraction Procedure. Unless otherwise provided
by this Title, prosecution of traffic infractions listed under this
Title shall be in accordance with the procedures for traffic infraction
violations provided for in Part 2.12 of this Ordinance. The provisions
of Ordinance 114 shall not be applicable to traffic infractions.
3.13.16 Monetary Deterrent Schedule for Infractions. The penalty
for any traffic infraction not listed below shall be $57, except for
infractions in which a specific penalty or fine amount is provided in
other sections of this code. The Court may impose on a defendant a lesser
penalty in an individual case.
1. Equipment
RCW 46.37
a.
Illegal Use of Emergency Equipment, RCW 46.37.190, $62.00;
b.
Defective or modified exhaust system, mufflers, prevention of noise
and smoke, RCW 46.37.390(1) and (3).
First
offense, $57.00;
Second
offense within one year, $82.00;
Third
and subsequent within one year, $102.00;
c.
All other RCW 46.37 Equipment Infractions, $57.00;
2. Rules
of the Road (46.61)
a.
Failure to stop, RCW 46.61.050 and 210, $57.00;
b.
Failure to yield right of way, RCW 46.61.180, 185, 190, 205, 210,
235,300,365, $57.00;
c.
Following too close, RCW 46.61.145 and 635, $57.00;
d.
Failure to signal, RCW 46.61.310, $57.00;
e.
Improper lane usage or travel, RCW 46.61.140, $57.00;
f.
Impeding traffic, RCW 46.61.435, $57.00;
g.
Improper passing, RCW 46.61.110, 115, 120, 125, 130, $57.00;
h.
Prohibited and improper turn, RCW 46.61.290, 295, 305, $57.00;
i.
Crossing double yellow line left of center, RCW 46.61.100,.130,.140,
$57.00;
j.
Operating with obstructed vision, RCW 46.61.615, $57.00;
k.
Wrong way on one-way street, $57.00;
l.
Failure to comply with restrictive signs, RCW 46.61.050, $82.00;
3. Speeding,
RCW 46.61.400
a.
If speed limit is over 40 mph:
1
- 5 mph over limit, $42.00;
6
- 10 mph over limit, $52.00;
11
- 15 mph over limit, $67.00;
16
- 20 mph over limit, $82.00;
21
- 25 mph over limit, $97.00;
26
- 30 mph over limit, $117.00;
31
- 35 mph over limit, $142.00;
36
- 40 mph over limit, $167.00;
Over
40 mph over limit, $197.00;
b.
If speed limit is 40 mph or less:
1
- 5 mph over limit, $52.00;
6
- 10 mph over limit, $57.00;
11
- 15 mph over limit, $72.00;
16
- 20 mph over limit, $92.00;
21
- 25 mph over limit, $117.00;
26
- 30 mph over limit, $142.00;
31
- 35 mph over limit, $167.00;
Over
35 mph over limit, $197.00;
Speed
too fast for conditions, RCW 46.61.400(1), $57.00;
4. Serious
Infractions
a.
Wrong Way on Freeway, RCW 46.61.150, $185.00;
b.
Wrong Way on Freeway Access, RCW 46.61.155, $90.00;
c.
Backing on limited access highway, RCW 46.61.605, $90.00;
d.
Spilling for failure to secure load, RCW 46.61.655, $90.00;
e.
Throwing or depositing debris on highway, RCW 46.61.645, $90.00;
f.
Disobeying school patrol, RCW 46.61.385, $90.00;
g.
Passing stopped school bus with red lights flashing, RCW 46.61.370,
$150.00;
h.
Violation of posted road restriction, RCW 46.44.080 and 105(4),
$90.00;
i.
Driving while suspended or revoked, 3.13.6, $250.00;
j.
Negligent driving, 3.13.7, $145.00;
k.
Failure to possess liability insurance, 3.13.9, $145.00;
5. Parking
a.
Illegal parking on roadway, RCW 46.61.560, $30.00;
b.
Parking in any prohibited place RCW 46.61.570 $15.00;
c.
Any other parking infraction, $15.00.
6. Pedestrians
Any
infraction regarding pedestrians, $15.00.
7. Bicycles
Any
infraction regarding bicycles, $25.00.
8. All
other unlisted infractions, $57.00;
9. If
an accident occurs with any of the above listed infractions or speed
too fast for conditions, the penalty for the infraction shall be a
minimum of $102.00.
3.13.17 Tribal Driver Improvement Program. Nothing in this Part
shall prohibit the Tribes from developing and instituting their own
driver improvement program to allow for reinstatement of driving privileges
for Tribal members.
13.13.18 Vehicle Impoundment. Tulalip law enforcement officers
shall have the authority to impound any vehicle on the Reservation that
causes a public safety hazard or if the operator of the vehicle is in
violation of a criminal offense. In cases of impoundment, the registered
owner of the vehicle shall be responsible for all costs relating to
impoundment, and the procedures governing traffic infraction appeals
shall govern appeals challenging payment of vehicle impoundment costs.
Part 14 - Offenses Involving Dangerous Drugs
3.14.1 Drug Abuse. Any person, under the jurisdiction of this
Law and Order Code, who violates any of the following subsections shall
be guilty of committing the offense of Drug Abuse and upon conviction
shall be sentenced according to the penalties herein described.
3.14.2 Definitions. As used in this section:
a. “Administer”
means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body.
b. “Controlled
substance” means a drug, substance, or immediate precursor
in Schedules I and II.
c. “Delivery”
or “delivery” means the actual, constructive, or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
d. “Distribute”
means to deliver other than by administering or dispensing a controlled
substance.
e. “Drug”
means (1) substances recognized in the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia of the United States, or Official
National Formulary, or any supplement of any of them; (2) substances
intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other than
food) intended to affect the structure of any function of the body
of man or animals; (4) substances intended for use as a component
of any article specified in clause (1), (2), (3) of this subsection.
It does not include devices or their components, parts, or accessories.
ee.
“Legend Drug” means any drug which is required
by Washington state law or regulation of the state board of pharmacy
to be dispensed on prescription only or is restricted to use by
licensed physicians, dentists, pharmacists, veterinarians or other
health care professionals.
f. “Manufacture”
means the production, preparation, propagation, compounding, conversion
or processing of a controlled substance, either directly or indirectly
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging or repackaging
of the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of
a controlled substance by:
1.
a practitioner as an incident to his administering or dispensing
of a controlled substance in the course of his professional practice,
or
2.
a practitioner, or by his authorized agent under his supervision,
for the purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale.
f. “Marijuana”
means all parts of the plant of the genus Cannabuis L., whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or 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.
g. “Narcotic
drug” means any of the following, whether produced directly
or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis:
1.
Opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate.
2.
Any salt, compound, isomer, derivative, or preparation thereof which
is chemically equivalent or identical with any of the substances
referred to in clause 1, but not including the isoquinoline alkaloids
of opium.
3.
Opium poppy and poppy straw.
4.
Coca leaves and any salt, compound, derivative, or preparation of
coca leaves, and any salt, compound, isomer, derivative, or preparation
thereof which is chemically equivalent or identical with any of
these substances, but not including decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or ecgonine.
i.
“Production” includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.
3.14.3 Schedule I.
a. The
controlled substances listed in this section, by whatever official
name, common or unusual name, chemical name, or brand name, are included
in Schedule I.
b. Opiates.
Unless specifically excepted or unless listed in another schedule,
any of the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters and ethers, whenever the existence
of these isomers, esters, ethers, and salts is possible within the
specific chemical designation:
|
1. Acethylmethadol; |
23.
Etoxeridine; |
| 2.
Allylprodine; |
24.
Furethidine; |
| 3.
Alphacethylmethadol; |
25.
Hydroxypethidine; |
| 4.
Alphameprodine; |
26.
Ketobemidone; |
| 5.
Alphamethadol; |
27.
Levomoramide; |
| 6.
Benzathidine; |
28.
Levophynacylmorphan; |
| 7.
Betacethylemethadol |
29.
Morpheridine; |
| 8.
Betameprodine; |
30.
Noracymethadol; |
| 9.
Betamethadol; |
31.
Norlevorphanol; |
| 10.
Betaprodine; |
32.
Normethadone; |
| 11.
Clonitazene; |
33.
Norpipanone; |
| 12.
Dextromoramide; |
34.
Phenadoxone; |
| 13.
Diampromide; |
35.
Phenampromide; |
| 14.
Diethylthiabutene; |
36.
Phenomorphan; |
| 15.
Difenoxin; |
37.
Phenoperidine; |
| 16.
Dimenoxadol; |
38.
Piritramide; |
| 17.
Dimepheptanol; |
39.
Propheptazine; |
| 18.
Dimethylthiambutene; |
40.
Properidine; |
| 19.
Dioxaphetyl butyrate; |
41.
Propiram; |
| 20.
Dipipanone; |
42.
Racemoramide; |
| 21.
Ethylmethylthiambutene; |
43.
Trimeperidine. |
| 22.
Etonitazene; |
|
b. Opium
derivative. Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, their salts, isomers,
and salts of isomers, whenever the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical designation:
|
1.
Acetorphine;
|
20.
Nicormorphine;
|
| 2.
Acetyldihydrocodeine |
21.
Normorphine;
|
| 3.
Benzylmorphine; |
22.
Phoclodine; |
| 4.
Codeine methylbromide; |
23.
Thebacon. |
| 5.
Codeine-N-Oxide; |
|
| 6.
Cypernorphine; |
|
| 7.
Desomorphine; |
|
| 8.
Dihydromorphine; |
|
| 9.
Drotebanol; |
|
| 10.
Etorphine (except hydrochloride salt); |
|
| 11.
Heroin |
|
| 12.
Hydromorphinol; |
|
|
13.
Methyldesorphine;
|
|
| 14.
Methyldihydromorphine; |
|
| 15.
Morphine methylbromide; |
|
| 16.
Morphine methylsulfonate; |
|
| 17.
Morphine-N-Oxide; |
|
| 18.
Myrophine; |
|
| 19.
Nicocodeine; |
|
c. Hallucinogenic
substances. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following hallucinogenic substances, or which contains
any of these salts, isomers, and salts of isomers, whenever the existence
of these salts, isomers, and salts of isomers is possible within the
specific chemical designation. (For purposes of paragraph (d) of this
section, only the term “isomer” includes the optical, position,
and geometric isomers.):
|
1.
3,4-methylenedioxy amphetamine;
|
16.
N-ethyl-3-piperidyl benzilate;
|
| 2.
5-methoxy-3,4-methylenedioxy amphetamine; |
17.
N-methyl-3-piperidyl benzilate; |
| 3.
3,4,5-trimethoxy amphetamine; |
18.
Psilocybin; |
| 4.
4-bromo-2,5-dimethoxyamphetamine; |
19.
Psilocyn;
|
| 5.
2,5-dimethoxyamphetamine; |
20.
Tetrahydrocannabinols, synthetic equivalents of the substances contained
in the plant, or in the resinous extractives of Cannabis, specifically,
and/or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such as
the following: |
| 6.
4-methoxyamphetamine; |
i.
Delta 1-cis-or trans tetrahydrocannabinol, and their optical
isomers;
|
| 7.
4-methyl-2,5-dimethoxyamphetamine; |
ii.
Delta 6-cis-or trans tetrahydrocannabinol, and their optical
isomers;
|
|
8.
Bufotenine;
|
iii.
Delta 3.4-cis-or trans tetrahydrocannabinol, and its optical
isomers;
(Since
nomenclature of these substances is not internationally standardized,
compounds of these structures, regardless of numerical designation
of atomic positions covered, are all included.)
|
| 9.
Diethyltryptamine; |
21.
Ethylamine analog of phencyclidine; |
| 10.
Dimethyltryptamine; |
22.
Pyrrolidine analog of phencyclidine; |
| 11.
Ibogaine; |
23.
Thiopene analog of phencyclidine. |
| 12.
Lysergic acid diethylamide; |
|
| 13.
Marijuana; |
|
| 14.
Mescaline; |
|
| 15.
Peyote, meaning all parts of the plant presently classified botanically
as Lophophora Williamsii Lemaire whether growing or not, the seeds
thereof, any extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture or preparation of such plant,
its seeds, or extracts; |
|
d. Depressant.
Unless specifically excepted or unless listed in another schedule,
any material compound, mixture, or preparation which contains any
quantity of mecloqualone having a depressant effect on the central
nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation.
3.14.4 Schedule II.
a. The
drugs and other substances listed in this section, by whatever official
name, common or usual name, chemical name, or brand name designated,
are included in Schedule II.
b. Substances.
(Vegetable origin or chemical synthesis). Unless specifically excepted,
any of the following substances, except those listed in other schedules
whether produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical synthesis,
or by combination of extraction and chemical synthesis:
1.
Opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine,
naloxone, and naltrexone, and their respective salts, but including
the following:
|
i.
Raw opium;
|
ix.
Etorphine hydrochloride; |
|
ii.
Opium extracts;
|
x.
Hydrocodone; |
|
iii.
Opium fluid extracts;
|
xi.
Hydromorphone; |
| iv.
Powdered opium; |
xii.
Metopon; |
| v.
Granulated opium; |
xiii.
Morpine; |
| vi.
Tincture of opium; |
xiv.
Oxycodone; |
| vii.
Codeine; |
xv.
Oxymorphone; and |
| viii.
Ethylmorphine; |
xvi.
Thebaine. |
2.
Any salt, compound, isomer, derivative or preparation thereof which
is chemically equivalent or identical with any of the substances
referred to in paragraph (b) (1) of this section, but not including
the isoquinoline alkaloids of opium.
3.
Opium poppy and poppy straw.
4.
Coca leaves and salt, compound, derivative, or preparation of coca
leaves, and any salt, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of these substances,
but not including decocanized coca leaves or extractions which do
not contain cocaine or ecgonine.
5.
Concentrate of poppy straw. (The crude extract of poppy straw in
either liquid, solid, or powder form which contains the phenanthrene
alkaloids of the opium poppy.)
c. Opiates.
Unless specifically excepted or unless in another schedule, any of
the following opiates, including their isomers, esters, ethers, salts
and salts of isomers, whenever the existence of these isomers, esters,
ethers, and salts is possible within the specific chemical designation,
dextrorphan excepted:
|
1.
Alphaprodine;
|
14.
Pethidine (meperidene);
|
| 2.
Anileridine; |
15.
Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; |
| 3.
Bezitramide; |
16.
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; |
| 4.
Dihydrocodeine; |
17.
Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic
acid;
|
| 5.
Diphenozylate; |
18.
Phenazocine; |
| 6.
Fentanyl; |
19.
Piminodine; |
| 7.
Isomethadone; |
20.
Racemethorphan; |
| 8.
Levomethorphan; |
21.
Racemorphan. |
| 9.
Levorphanol; |
|
| 10.
Metazocine; |
|
| 11.
Methadone; |
|
| 12.
Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenylbutane; |
|
| 13.
Moramide-intermediate, 2-methyl-3-moropholino-1, 1-diphenylpropane-caroxylic
acid; |
|
d. Stimulants.
Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on
the central nervous system:
1.
Amphetamine, its sales, optical isomers, and salts of its optical
isomers;
2.
Methamphetamine, its salts, isomers, and salts of its isomers;
3.
Phenmetrazine and its salts;
4.
Methylphenidate.
e. Depressants.
Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances having a depressant effect on
the central nervous system, including its salts, isomers, and salts
of isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:
1.
Amobarbital;
2.
Methaqualone;
3.
Pentobarbital;
4.
Phencyclidine;
5.
Phencyclidine immediate precursors;
i.
1-phenylcyclophexylamine;
ii.
1-piperidinocyclohexanecarbonitrile (PPC);
6.
Secobarbital.
3.14.5 Drug Paraphernalia: Definitions.
1. Drug
paraphernalia means all equipment, products, and materials of any
kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human body
a controlled substance. It includes, but is not limited to:
2. Kits
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, or harvesting of any species of plant which
is a controlled substance or from which a controlled substance can
be derived;
3. Kits
used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances;
4. Isomerization
devices used, intended for use, or designed for use in increasing
the potency of any species of plant which is a controlled substances;
5. Testing
equipment used, intended for use, or designed for use in increasing
the potency of any species of plant which is a controlled substance;
6. Scales
and balances used, intended for use, or designed for use in weighing
or measuring controlled substances;
7. Diluents
and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose, and lactose, used, intended for use, or designed for use
in cutting controlled substances;
8. Separation
gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from, or in otherwise cleaning or refining, marijuana;
9. Blenders,
bowls, containers, spoons, and mixing devices used, intended for use,
or designed for use in compounding controlled substances;
10. Capsules,
balloons, envelopes, and other containers used, intended for use,
or designed for use in packaging small quantities of controlled substances;
11. Containers
and other objects used, intended for use, or designed for use in storing
and concealing controlled substances;
12. Hypodermic
syringes, needles, and other objects used, intended for use, or designed
for use in parenterally injecting controlled substances into the human
body;
13. Objects
used, intended for use, or designed for use in ingesting, inhaling,
or otherwise introducing marijuana, cocaine, hashish oil into the
human body, such as:
|
i.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
|
viii.
Carburetor pipes; |
| ii.
Water pipes; |
ix.
Electric pipes; |
| iii.
Carburetion tubes and devices; |
x.
Air-driven pipes; |
| iv.
Smoking and carburetion masks; |
xi.
Chillums;
|
| v.
Roach clips: meaning objects used to hold burning material, such
as marijuana cigarette, that has become too small or too short to
be held in the hand; |
xii.
Bongs; and |
| vi.
Miniature cocaine spoons, and cocaine vials; |
xiii.
Ice pipes, or chillers. |
| vii.
Chamber pipes; |
|
b.
In determining whether an object is drug paraphernalia under this
section, a court or other authority should consider, in addition
to all other logically relevant facts, the following:
1.
Statements by an owner or by anyone in control of the object concerning
its use;
2.
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state, federal or tribal law relating
to any controlled substance;
3.
The proximity of the object, in time and space, to a direct violation
of this chapter;
4.
The proximity of the object to controlled substances;
5.
The existence of any residue of controlled substances on the object;
6.
Direct or circumstantial evidence of the intent of an owner, or
of anyone in control of the object, to deliver it to persons whom
he knows, or should reasonably know, intend to use the object
to facilitate a violation of this chapter; the innocence of an
owner, or of anyone in control of the object, as to a direct violation
of this chapter shall not prevent a finding that the object is
intended or designed for use as drug paraphernalia;
7.
Instructions, oral or written, provided with the object concerning
its use;
8.
Descriptive materials accompanying the object which explain or
depict its use;
9.
National and local advertising concerning its use;
10.
The manner in which the object is displayed for sale;
11.
Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products;
12.
Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
13.
The existence and scope of legitimate uses for the object in the
community; and
14.
Expert testimony concerning its use.
3.14.6 Prohibited Acts (Manufacture, Cultivate, Deliver): Penalties.
Except as authorized by this section, it is unlawful for any Indian
person to manufacture, cultivate, deliver, or possess with intent to
manufacture or deliver, a controlled substance. Any person who violates
this subsection is guilty of a Class E offense.
3.14.7 Prohibited Acts (Possession): Penalties. Except as authorized
by this section, it is unlawful for any person to possess a controlled
substance. Any person who violates this subsection with respect to any
controlled substance other than marijuana is guilty of a Class E offense.
Any person who violates this section with respect to possession of more
than 40 grams of marijuana is guilty of a Class E offense. A first offense
of possession of less than 40 grams of marijuana is a Class C offense.
A second and subsequent offense of possession of less than forty grams
of marijuana is a Class D offense.
3.14.8 Prohibited Acts (Drug Paraphernalia): Penalties. Except as
authorized by this section, it is unlawful for any person to possess
any drug paraphernalia. A first offense of possession of drug paraphernalia
is a Class B offense. A second and subsequent offense of possession
of drug paraphernalia is a Class C offense.
3.14.9 Defenses. Any Indian person lawfully involved in the possession,
distribution, manufacture or delivery of any controlled substance listed
in Schedule I and II shall not be in violation of this section.
3.14.10 Possession of an Alcoholic Beverage by a Person Under 21.
Any Indian person who, being under the age of 21 years old, shall possess,
purchase, consume, obtain, or sell any beer, wine, ale, whiskey or other
alcoholic beverage or misrepresent his age for the purpose of buying
or otherwise obtaining an alcoholic beverage shall be guilty of Possession
of an Alcoholic Beverage by a Person Under 21. Possession of an Alcoholic
Beverage by an Indian Person Under 21 is a Class C offense.
3.14.11 Use or Possession of Alcoholic Beverages Prohibited-Community
Center. The use or possession of alcoholic beverages on the premises
of the Tulalip Tribal community center at 6700 Totem Beach Road is prohibited.
Any Indian person who shall use or possess alcoholic beverages on the
premises of the Tribal Community Center shall be guilty of Use or Possession
of Alcoholic Beverages and/or drugs at Community Center. Violation of
this section is a Class C offense.
3.14.12. Violations by Persons Not Subject to Tribal Criminal Jurisdiction.
Any person found responsible for a violation of this Substance Abuse
prohibition, who is not subject to the criminal jurisdiction of the
Tulalip Tribes, shall be subject to other provisions of the Tulalip
Tribal laws including but not limited to exclusion or expulsion from
the lands of the Tulalip Indian Reservation.
3.14.13 It shall be unlawful for any person to sell, deliver,
or possess any legend drug except upon the order or prescription of
a licensed physician, dentist, veterinarian or other health care professional
legally authorized to prescribe such legend drug; PROVIDED, that the
above provision shall not apply to the sale, delivery or possession
by drug wholesalers or drug manufacturers or their agents or employees,
or to any practitioner acting within the scope of his or her license,
or to a common or contract carrier or warehouseman, or any employee
thereof, whose possession of any legend drug is in the usual course
of business or employment; and PROVIDED FURTHER that nothing in this
section shall prohibit a family planning clinic from selling, delivering,
possessing, and dispensing oral contraceptives prescribed by authorized,
licensed health care practitioners. Any person who violates this subsection
is guilty of a Class E offense.
3.14.14 Public Consumption of Alcoholic Beverages / Open Container
1. No
person shall open a package containing an alcoholic beverage or consume
an alcoholic beverage in a public place, unless consumption of alcoholic
beverages in such public place is specifically permitted or licensed
by the Tribes.
2. Unlawful
open container or consumption of alcoholic beverages in a public place
is a Class A offense, punishable by a fine not to exceed $100.00.
Back
to Top