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GENERAL PROVISIONS

Introductory Provisions

§ 4-1-1 Definitions (revised 6/22/99)

(a) "Adult household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

(b) "Adulterated" means varying from the standard of composition or quality prescribed by any applicable law or commercial usage.

(c) "Affirmative defense" means a new matter in the prosecution of an offense which assuming the complaint to be true constitutes a defense to it.

(d) "Agent" means any director, officer, servant, employee or other person authorized to act in behalf of a corporation or association and, in the case of an unincorporated association, a member of such association.

(e) " To appropriate" when used as a verb means:

(1) to exercise control over property, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit; or

(2) to dispose of the property for the benefit of oneself or a third person.

(f) "Corporation" means any entity incorporated under state or tribal law but does not include an entity organized as or by a governmental agency for the execution of a governmental program.

(g) "Corruptly" imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of a forbidden act or omission, or to another.

(h) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protect activity is not included, within the meaning of this definition.

(i) "Dangerous device" means any device capable of causing serious bodily injury to human beings.

(j) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. On the issue of whether an object not commonly known as a dangerous weapon is such a weapon, the character of the object the character of the wound produced, if any, and the manner in which the object was used shall be determinative.

(k) "Domestic household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common or are expecting a child together, regardless of whether they have been married or have lived together at any time. For the purpose of this Title, "reside" shall mean ones personal presence at some place of abode with no present intention of leaving and with purpose to remain for an undetermined period of time, but not necessarily combined with the design to stay permanently.

(l) "Domestic violence" means the occurrence of one or more of the following:

(1) An unlawful attempt, coupled with apparent ability, to commit a violent injury on another domestic household member;

(2) An intentional, unlawful threat by word or act to do violence to another domestic household member, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other domestic household member that such violence in imminent;

(3) Willful and unlawful use of force or violence upon the person of another domestic household member;

(4) Actual, intentional and unlawful touching or striking of another domestic household member against their will;

(5) Unlawfully and intentionally causing bodily harm to another domestic household member; or

(6) Causing an domestic household member to engage involuntarily in sexual activity by force, threat of force, or duress.

(m) "Drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this code.

(l) "Element of the offense" means:

(1) the conduct, attenuated circumstances or result of conduct included in the description of the forbidden act in the definition of the offense; and

(2) the establishment of the required mental state or culpability described in the offense, if any; but

(3) an "element of the offense" shall not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with the harm or evil, incident to the prohibited conduct, or the existence of justification or excuse for such conduct.

(n) "Embezzlement" means to willfully take or convert to one's own use, another's money or property in which the wrongdoer lawfully acquired possession by reason of some office, employment or position of trust.

(o) "Enter" means an intrusion by any part of the body, or intrusion by any physical object under control of the actor.

(p) "Fiduciary" means a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization.

(q) "Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress.

(r) "High managerial agent" means an officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or association.

(t) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.

(u) "Knowingly" means the knowledge that the facts exist which bring an act or omission within the provisions of this chapter. A knowing mental state does not require any knowledge of the unlawfulness of such act or omission.

(v) "Malice aforethought" means an intent at the time of a killing, to willfully take the life of a human being, or an intent to willfully act in callous and wanton disregard of the consequences to human life.

(w) "Maliciously" or "malice" means a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

(x) "Minor or child" means a person who is less than eighteen (18) years old and has not been emancipated by order of a court of competent jurisdiction.

(y) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by any applicable law or commercial usage.

(z) "Negligently", "neglect", "negligence," or "negligent" means a want of such attention to the nature of probable consequences of an act or omission as a prudent person ordinarily bestows in acting in his own concerns.

(aa) "Obtain" means:

(1) in relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and

(2) in relation to labor or services, to secure the performance thereof.

(bb) "Owner" means any person who has a right to possession of property superior to that of the taker, obtainer or withholder.

(cc) "Possession" means an act in which the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

(dd) "Public assistance" shall have the definition and meaning provided in Title 10, Section 56-201 of the Idaho State Public Assistance and Welfare Code existing as of the date of adoption of this chapter by NPTEC or hereafter amended.

(ee) "Public monies" means all bonds and evidences of indebtedness, and all monies belonging to the Tribe, and all monies, bonds and evidences of indebtedness received or held by Tribal officials in their official capacity.

(ff) "Self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know.

(gg) "Sexual contact" means any intentional touching of the genitals, anus, groin, breast, inner thigh or buttocks with intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desires of any person.

(hh) "Social game" means a game, other than a lottery, between players in a private home or private business where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

(ii) "Strict liability" means an element of an offense that exists only when the definition of the offense does not include or involve a culpable mental state.

(jj) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make, communicate or implement decisions regarding his person.

(kk) "Willfully" implies a purpose or willingness to commit a forbidden act or make a forbidden omission. A willful mental state does not require any intent to violate law, or to injure another or to acquire any advantage.

(ll) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks and other symbols of value, right, privilege, or identification.

§ 4-1-2 Scope

This chapter shall apply to all criminal provisions of this code.

§ 4-1-3 Purpose and Construction

The purpose of the criminal provisions of this code are to:

(a) forbid and prevent the commission of offenses and give fair warning of conduct which is declared to be an offense;

(b) define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation;

(c) prescribe penalties which are proportionate to the seriousness of the offense; and

(d) prevent arbitrary and oppressive treatment of persons accused or convicted of offenses and to promote the correction and rehabilitation of such persons.

§ 4-1-4 Civil Remedies Preserved

This code shall not affect any civil remedy available under the Nez Perce Tribal Code which may arise from any act or omission which is punishable under this chapter. The fact that conduct is found to be an affirmative defense under this chapter does not abolish or impair any remedy for such conduct available in any civil action.

Multiple Prosecutions and Double Jeopardy

§ 4-1-5 Prosecution for Multiple Offenses

(a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:

(1) one offense is included in the other;

(2) one offense consists only of a conspiracy or other form of preparation to commit the other;

(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 as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless this code provides that specific periods of such conduct constitute separate offenses.

(b) Except as provided by Subsection (c) of this section, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode.

(c) Upon application of either party and when the defendant is charged with two or more offenses based on the same conduct or arising from the same criminal episode, the Court may order any such charge to be tried separately if it is satisfied that justice so requires.

(d) A defendant may be convicted of an offense included in an offense charged in the complaint. An included offense may be:

(1) established by proof of the same or less than all the facts required to establish the commission of the offense charged;

(2) an attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or

(3) different from the offense charge only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

(e) The Court shall charge the jury with respect to an included offense if there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.

§ 4-1-6 Double Jeopardy

If a defendant has been prosecuted in the Nez Perce Tribal Court for one or more offenses arising out of the same conduct as the original prosecution, a subsequent prosecution in the Nez Perce Tribal Court for the same or a different offense arising out of the same conduct is barred. The initial prosecution shall have been established in any proceeding in which the jury has been impanelled and sworn in, or, if the matter was to be tried without a jury, once the first witness is sworn.

Burden of Proof

§ 4-1-7 Burden and Presumption of Innocence

No person may be convicted of an offense unless each element of such offense is proven beyond a reasonable doubt. In the absence of such proof the defendant shall be acquitted.

§ 4-1-8 Negating Defenses

The prosecution need not negate any defense either in the complaint or by proof unless the defense is in issue as a result of evidence presented at trial by either party, or unless the defense is an affirmative defense and the defendant has presented evidence of it.

GENERAL PRINCIPLES OF LIABILITY

§ 4-1-9 Acts and Omissions to Act

(a) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(b) The following are not voluntary acts with the meaning of this section:

(1) a reflex or convulsion;

(2) a bodily movement during unconsciousness or sleep;

(3) conduct during hypnosis or resulting from hypnotic suggestion;

(4) a bodily movement that otherwise is not a product of the effort or determination of the actor.

(c) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(1) the omission is expressly made sufficient by the definition of the offense; or

(2) a duty to perform the omitted act is otherwise required by this code.

§ 4-1-10 Culpability

A person is not guilty of an offense unless he acted with the requisite mental state with respect to each material element of the offense or unless his act constitutes an offense involving strict liability.

§ 4-1-11 Causal Relationships Between Conduct and Result

(a) Conduct is the cause of a result when:

(1) the result in question would not have occurred but for the conduct; and

(2) the relationship between the conduct and result satisfies any additional causal requirements imposed by the code or the definition of the offense.

(b) When a particular mental state is an element of an offense the element is not established if the actual result is not within the purpose or contemplation of the actor or within the risk of which the actor is aware or should be aware unless:

(1) the actual result differs from that intended, contemplated or the probable result only in the respect that a different person or different property is injured or affected;

(2) the injury or harm intended or contemplated or probable would have been more serious or extensive than that caused; or

(3) the actual result involves the same kind of injury or harm as that designed, contemplated or probable and is not too remote or accidental in its occurrence to have a just bearing on the actor's liability or the gravity of his offense.

§ 4-1-12 Ignorance or Mistake

(a) Ignorance or mistake as to a matter of fact or law is a defense if:

(1) it negates the mental state for the offense; or

(2) this code provides that the state of mind established by such ignorance or mistake constitutes a defense.

(b) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed.

§ 4-1-13 Accomplices

(a) A person is an accomplice of another person in the commission of an offense if:

(1) with the purpose of promoting or facilitating the commission of the offense he:

(A) solicits such other person to commit it;

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

(C) having a legal duty to prevent the commission of the offense, fails to make proper effort to do so; or

(2) his conduct is expressly declared by the code or the definition of the crime to establish his complicity.

(b) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability necessary for the commission of the offense.

(c) A person who is legally incapable of committing a particular offense may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable.

(d) A person is not an accomplice in an offense committed by another person if:

(1) he is a victim of that offense; or

(2) he terminates his complicity prior to the commission of the offense; and

(A) wholly deprives it of effectiveness; and

(B) gives timely warning to the Tribal Police or otherwise makes proper effort to prevent the commission of the offense.

(e) An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted, has been convicted of a different offense or degree of offense, has an immunity to prosecution or conviction or has been acquitted.

§ 4-1-14 Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf

(a) A corporation or unincorporated association may be convicted of the commission of an offense if:

(1) the offense is a violation or the offense is defined by law in which a legislative purpose to impose liability on such entity plainly appears and the conduct is performed by an agent of the corporation or association acting in behalf of the entity within the scope of his office or employment, unless the law defining the offense specifically designates the agents for whose conduct the entity is accountable or the circumstances under which it is accountable;

(2) the offense consists of an omission to discharge a specific duty to act imposed on such entities by the code or other law; or

(3) the commission of the offense was authorized, requested, commanded, performed or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the entity within the scope of his office or employment.

(b) When absolute liability is imposed for the commission of an offense, a legislative purpose to impose liability on a corporation or association shall be assumed.

(c) In any prosecution of a corporation or an unincorporated association for the commission of an offense under Subsection (a) of this section, other than an offense for which absolute liability has been imposed, it shall be a defense if the defendant proves by a preponderance of evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. This paragraph shall not apply if it is plainly inconsistent with the legislative purpose in defining the particular offense.

(d) A person is legally accountable for any conduct he performs or causes to be performed in the name of the corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his own name or behalf.

(e) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon him.

(f) When a person is convicted of an offense by reason of his legal accountability for the conduct of a corporation or an unincorporated association, he is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and the degree involved.

§ 4-1-15 Intoxication

(a) Except for intoxication which is not self induced, intoxication of the actor is not a defense unless it negates any particular purpose, motive or intent which is a necessary element of the crime.

(b) Intoxication does not, in itself, constitute mental disease within the meaning of this code.

§ 4-1-16 Duress

(a) It is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced by the use of, or a threat to use, unlawful force against his person or the person of another, which a reasonable person in his situation would have been unable to resist.

(b) The defense provided by this section is unavailable if:

(1) the actor knowingly, willfully or negligently placed himself in a situation in which it was probable that he would be subjected to duress;

(2) the coerced conduct threatens to cause death or serious bodily harm to some person other than the actor.

§ 4-1-17 Consent

(a) The consent of the victim to conduct constituting an offense or to the result thereof is a defense if it precludes an element of the offense or the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b) When conduct constitutes an offense because it causes or threatens bodily harm, consent to such conduct is a defense only if:

(1) the bodily harm consented to or threatened is not serious;

(2) the conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

(3) the consent establishes a justification for the conduct.

(c) Assent does not constitute consent if:

(1) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;

(2) it is given by a person who by reason of youth, mental disease, defect or intoxication is manifestly or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

(3) it is given by a person whose consent is sought to be prevented by the law defining the offense; or

(4) it is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.

§ 4-1-18 Entrapment

(a) It shall be a defense if a Tribal Police Officer or a person acting in cooperation with such an official for the purpose of obtaining evidence of the commission of an offense, induces or encourages the defendant to engage in conduct constituting such offense by either:

(1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or

(2) employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

(b) The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

(c) The defendant shall have the burden of proving by a preponderance of evidence the defense of entrapment under this section.

§ 4-1-19 Mental Disease or Defect Excluding Responsibility

(a) It shall be an affirmative defense to prosecution of an offense if the defendant at the time of the criminal conduct and as a result of mental disease or defect lacks substantial capacity either to appreciate the criminal nature of his conduct or to conform his conduct to the requirements of law. A mental disease or defect does not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct, nor shall it preclude a finding that the defendant is guilty but insane if the possibility of intent is not completely eliminated by the mental disease or defect.

(b) Evidence of mental disease or defect is not admissible unless the defendant, at the time of entering his plea of not guilty or within ten (10) business days thereafter or at such later time as the Court may for good cause permit, files a written notice of his intent to rely on such defense.

§ 4-1-20 Medical Examination and Institutionalization

(a) Whenever there is reason to doubt the defendant's mental competency to stand trial the Court shall designate a licensed psychiatrist to conduct a competency determination. Upon completion of the evaluation a report shall be submitted to the Court and shall include the following:

(1) a description of the nature of the evaluation;

(2) a diagnosis or evaluation of the mental condition of the defendant; and

(3) an opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense.

(b) In the event that the Court determines that following trial the defendant's condition requires commitment to a mental institution or in the event the Court determines that the defendant lacks fitness to proceed, the Court shall direct that the defendant be committed to an appropriate facility for care and treatment.

JUSTIFICATION AND DEFENSES

§ 4-1-21 Justification Generally; Civil Remedies Unaffected

Justification is an affirmative defense to the prosecution of any offense based on such conduct and may be claimed:

(a) when the harm or evil sought to be avoided is greater than that sought to be prevented by the law defining the offense charged, no tribal law exists which excludes the justification claimed, and the actor does not knowingly, willfully or negligently bring about the situation requiring his conduct; or

(b) if the conduct is required or authorized by law.

§ 4-1-22 Force in Self-Protection or Protection of Others

(a) The use of reasonable force upon or toward another person is justifiable when the actor believes it is immediately necessary for the purpose of protecting himself or a third person against the use of unlawful force. The force used must be reasonably necessary to protect the actor or a third person.

(b) The use of force is not justifiable under this section:

(1) to resist or assist another in resisting arrest which the actor knows is being made by a peace officer, although the arrest is unlawful;

(2) if the actor uses deadly force unless the actor believes that such force is necessary to protect himself or a third person against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat;

(3) if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself or a third person in the same encounter; or

(4) if the actor was the aggressor or was engaged in combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and the other notwithstanding continues or threatens to continue the use of unlawful force.

§ 4-1-23 Force for the Protection of Property

(a) The use of reasonable force upon or toward another is justifiable when the actor believes that such force is immediately necessary to prevent unlawful entry into or interference with real or personal property which is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts.

(b) The use of deadly force is not justifiable under this section unless the actor reasonably believes that the person against whom the force is used attacks, enters or is attempting to enter the actor's place of habitation and manifestly:

(1) intends to commit an offense or other offense involving threat of serious bodily injury therein and the force is necessary to prevent the offense or such injury; or

(2) intends and attempts in a violent, riotous or tumultuous manner, to attack or enter the dwelling for the purpose of damaging or threatening to damage the dwelling or to any person and the force is necessary to prevent such assault or injury.

(c) The justification afforded by this section extends to the use of a device for the purpose of protecting property from entry or trespass only if:

(1) the device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;

(2) the use of the device is reasonable under the circumstances, as the actor believes them to be; and

(3) the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.

§ 4-1-24 Force in Law Enforcement

(a) The use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest or preventing an escape and the actor believes that such force is immediately necessary to effect a lawful arrest, prevent an escape or defend himself or another from bodily harm while making an arrest or preventing an escape.

(b) The use of deadly force is justifiable if:

(1) the person effecting the arrest is authorized to act as a police officer or is assisting a person whom he believes to be authorized to act as a police officer;

(2) the actor believes that the force employed creates no substantial risk of injury to innocent persons; and

(3) the actor believes that there is a substantial risk that the person under arrest or to be arrested will cause death or serious bodily harm if his apprehension is delayed; or

(4) the actor believes such force is necessary to protect himself or another from death or serious bodily injury.

§ 4-1-25 Force by Persons with Special Responsibility or Care, Discipline or Safety of Others

The use of force upon or toward the person of another is justifiable if:

(a) the force is used for the purpose of safeguarding or promoting the welfare of a minor, including the prevention or punishment of his misconduct; and

(b) the force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain, or mental distress.

SENTENCES AND PUNISHMENTS

(section amended 1/25/00)

§ 4-1-26 General Principles

In imposing a sentence for a violation of this chapter, the Court in each case shall consider the protection of the public, the gravity of the offense, the impact of the crime on the victim, and the results of any pre-sentencing reports.

§ 4-1-27 Sentences and Combinations of Sentences; Civil Penalties

(a) A court may sentence a person adjudged guilty of an offense to any one of the following sentences or a combination of such sentences:

(1) to pay a fine not to exceed $5,000;

(2) imprisonment not to exceed 1 year;

(3) to probation and/or suspension of sentence on such terms and conditions as the Court may direct, including payment of probation program costs;

(4) to pay court costs;

(5) to pay restitution or perform any other act for the benefit of any person or party injured personally or in his property by the person adjudged guilty provided such injuries are fairly attributable to the act or failure to act constituting the offense for which guilt was adjudged;

(6) to treatment, counseling and/or rehabilitation;

(7) to perform community service or other work for the benefit of the Tribe, through the Tribal Community Services Program, and pay program costs.

(b) This section shall not deprive a court of authority to cite for contempt, cancel or suspend a license, forfeit property, or do any other act or make any other order authorized by law.

§ 4-1-28 Payment of Fines and Other Monies.

Fines shall be paid in cash or certified check. The Court may allow that any fines or other required payments be paid in installments and on conditions tailored to the means of the defendant.

§ 4-1-29 Decision to Impose a Fine

In determining whether to impose a fine and its amount, the Court should consider:

(a) the nature of the offense committed and the impact of the offense on the victim and the community;

(b) the financial resources of the defendant.

§ 4-1-30 Community Service

The Court may require any person who has been convicted of an offense under this code to engage in community service for the benefit of the Tribe for any period it determines to be appropriate. Defendants receiving community service hours will be referred to the Tribal Community Services Program (CSP) by the Tribal Court and/or Probation Officers within five (5) days after being sentenced, and will follow all guidelines of the CSP. Status reports on the defendants will be given to the Court and/or Probation Officers by the CSP.

§ 4-1-31 Sentencing Proceedings

(a) Sentence shall be imposed without unnecessary delay unless the Court postpones the imposition of sentence in order to conduct a pre-sentencing determination or for a reasonable time to resolve factors important to the sentencing determination which cannot be immediately resolved.

(b) During sentencing and in relation to the appropriate sentence, the Court shall allow the counsel for either party to comment upon any matter including information in mitigation and may allow counsel to call witnesses. The defendant and any victim of the crime committed will be allowed to make a statement before sentence is imposed if he so desires.

(c) After imposing sentence in a case which has gone to trial on a plea of not guilty, the Court shall advise the defendant of the defendant's right to appeal. If the sentence is imposed after a plea of guilty, the Court shall advise the defendant of the right to appeal the sentence.

§ 4-1-32 Probation

The Court may suspend the defendant's sentence and allow probation upon the terms and conditions determined by the Court. No suspension of a restitution order will be allowed.

§ 4-1-33 Violation of Terms of Probation

(a) Upon a report of a violation of probation from the Prosecutor or a tribal police officer, the Court may summon the defendant to appear before it or issue a warrant for his arrest. Upon a finding of a probation violation the Court may revoke the probation and shall impose the original sentence or another sentence which the Court deems appropriate.

(b) The Court shall not revoke suspensions or probation except after a hearing. The defendant shall have the right to hear and contest the evidence against him, to offer evidence in his defense and to be represented by counsel of his choice at his own expense.

(c) Whenever a defendant is taken into custody for a violation of probation conditions other than the alleged commission of an offense he shall be entitled to have his sentence considered by the Court within three (3) business days of his confinement, unless he requests further time to prepare his defense.

INCHOATE OFFENSES

§ 4-1-34 Attempt

(a) It shall be unlawful for any person acting with the kind of culpability otherwise required for commission of the crime to:

(1) willfully engage in conduct which would constitute the crime if the attendant circumstances were as he believes them to be;

(2) do or omit to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part when causing a particular result is an element of the crime; or

(3) willfully do or omit to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course or conduct planned to culminate in his commission of the crime.

(b) Conduct shall not be held to constitute a substantial step under this section unless it is strongly corroborative of the actor's criminal purpose.

(c) No defense to the offense of attempt shall arise:

(1) because the offense attempted was actually committed;

(2) due to factual or legal impossibility of consummating the intended offense if the offense could have been committed had the facts been as the actor believed them to be; or

(3) that in attempting unsuccessfully to commit a crime, the person accused actually accomplished the commission of another and different crime.

§ 4-1-35 Criminal Conspiracy

If two (2) or more persons agree to engage in or cause conduct intending that a crime be committed, and one or more of such persons does any act to effect the object of the conduct each shall be punishable upon conviction as if the crime had been committed.

§ 4-1-36 Solicitation

(a) It shall be unlawful for any person to promote or facilitate the commission of an offense by enticing, advising, inciting, commanding, encouraging or requesting another person to engage in specific conduct which would constitute an offense.

(b) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime proposed due to:

(1) legal incapacity or other exemption;

(2) unawareness of the criminal nature of the conduct solicited or the defendant's criminal purpose;

(3) other factors precluding the mental state required for the commission of the crime in question.

OFFENSES AGAINST THE PERSON

Assault and Related Offenses

§ 4-1-37 Simple Assault

It shall be unlawful for any person:

(a) with apparent ability, to attempt unlawful contact with another; or

(b) to intentionally threaten unlawful contact upon another, coupled with an apparent ability to do so, and does some act which creates a well-founded fear in such other person that such contact is imminent.

§ 4-1-38 Battery

It shall be unlawful for any person to:

(a) willfully and unlawfully use force or violence to another;

(b) actually, intentionally and unlawfully touch or strike another person against their will; or

(c) unlawfully and intentionally causes bodily harm to an individual.

§ 4-1-39 Aggravated Assault

The act of assault is aggravated if while committing assault a person uses:

(a) a deadly weapon or instrument without intent to kill;

(b) any means or force likely to produce great bodily harm; or

(c) any corrosive acid or a caustic chemical of any kind.

§ 4-1-40 Aggravated Battery

The act of battery is aggravated if while committing battery a person:

(a) causes great bodily harm, permanent disability or permanent disfigurement to any person;

(b) uses a deadly weapon or instrument;

(c) uses any corrosive acid, or a caustic chemical of any nature; or

(d) uses any poison or other noxious or destructive substance or liquid.

§ 4-1-41 Stalking

It shall be unlawful for any person to willfully, maliciously and repeatedly follow or harass another person or member of that person’s immediate family.

§ 4-1-42 Aggravated Stalking

It shall be unlawful for any person to violate the provisions of § 4-1-41 when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in § 4-1-41 against the same party.

Murder and Related Offenses

§ 4-1-43 Murder

It shall be unlawful for any person to kill a human being with malice aforethought.

§ 4-1-44 Manslaughter

It shall be unlawful for any person to kill a human being:

(a) voluntarily - upon a sudden quarrel or heat of passion; or

(b) involuntarily -

(1) in the perpetration of or attempt to perpetrate any unlawful act;

(2) in the commission of a lawful act which might produce death, in an unlawful manner;

(3) without due caution or care; or

(4) in the operation of any firearm or dangerous weapon in a reckless, careless or negligent manner which produces death.

KIDNAPPING AND RELATED OFFENSES

§ 4-1-45 Kidnapping

It shall be unlawful for any person to unlawfully seize, confine, entice, deceive, abduct, or carry away any person for the purpose of holding such person for ransom, reward or otherwise.

§ 4-1-46 False Imprisonment

It shall be unlawful for any person to willfully and unlawfully restrain another so that he substantially interferes with their personal liberty.

§ 4-1-47 Child Custodial Interference

(a) It shall be unlawful for any person to intentionally and without lawful authority take or entice away, keep or withhold any minor child from a parent or another having custody, joint custody, visitation or other parental rights, whether such rights arise from a temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of such order.

(b) It shall be an affirmative defense to a violation of the provisions of this section that:

(1) the action is taken to protect the child from imminent physical harm; or

(2) the action is taken by a parent fleeing from imminent physical harm to himself.

SEXUAL OFFENSES

§ 4-1-48 Rape

(a) It shall be unlawful for any person to engage in sexual intercourse with another:

(1) who is incapable, through mental defect or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;

(2) who is prevented from resistance by force or threats of immediate bodily harm, accompanied by an apparent ability to carry out such threats or by any intoxicating narcotic, or anesthetic substance administered by the accused;

(3) who is at the time, unconscious of the nature of the act and this is known to the accused; or

(4) against the will or consent of the other.

(b) Sexual intercourse occurs when any sexual penetration, however slight takes place.

§ 4-1-49 Forcible Sexual Penetration with a Foreign Object

It shall be unlawful for any person to intentionally cause the penetration, however slight, of the genitals or anal opening of another person, with any object, instrument or device, against the victim's will by use of force, violence, duress or threats of bodily harm, accompanied by an apparent power of execution.

§ 4-1-50 Unlawful Sexual Intercourse

It shall be unlawful for any person who is over the age of sixteen (16) to:

(a) solicit a minor under the age of sixteen (16) years to participate in a sexual act; or

(b) engage in sexual intercourse with a minor under the age of sixteen (16) years.

§ 4-1-51 Sexual Assault

It shall be unlawful for any person to have sexual contact with another or cause such other to have sexual contact with him, if:

(a) he knows that the contact is offensive to the other person;

(b) he knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct;

(c) he knows that the other person is unaware that a sexual act is being committed;

(d) he has substantially impaired the other person's power to appraise or control his or her conduct, by administering or employing without the other's knowledge drugs, intoxicants or other means; or

(e) the other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him.

§ 4-1-52 Sexual Molestation of Minor under Sixteen

It shall be unlawful for any person to engage in sexual contact with another who is under the age of sixteen (16); or involve such person in any act of bestiality, sado-masochistic abuse or exhibition with intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desires of any person.

§ 4-1-53 Indecent Exposure

It shall be unlawful for any person to exposes his genitals for the purpose of arousing or gratifying his own sexual desire or of any person under circumstances in which he knows his conduct is likely to cause affront or alarm.

OFFENSES AGAINST PROPERTY

Property Destruction

§ 4-1-54 Arson

It shall be unlawful for any person to willfully and maliciously set fire to, burn or cause to be burned any building or structure.

§ 4-1-55 Aggravated Arson

The act of arson is aggravated if while committing arson:

(a) any person knows or reasonably should know that one or more persons are present inside of the structure involved or any structure adjacent to the structure involved; or

(b) any person suffers death, great bodily harm, permanent disability or disfigurement as a result of the fire.

§ 4-1-56 Causing a Catastrophe

It shall be unlawful for any person to knowingly or willfully by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means cause wide spread injury or damage.

§ 4-1-57 Malicious Injury to Property

It shall be unlawful for any person to:

(a) maliciously injure or destroy any real or personal property not his own; or

(b) intentionally and unlawfully tamper with the property of another and thereby:

(1) endanger human life; or

(2) cause or threaten a substantial interruption or impairment of any public utility service.

§ 4-1-58 Aggravated Vandalism

It shall be unlawful for any person to willfully and maliciously:

(a) cause or threaten a substantial interruption or impairment of any public utility service, including but not limited to transportation, water supply, gas, or power; or

(b) cause a substantial interruption or impairment in mass communications service, police, fire, other public service communications or in amateur or citizens band radio communications being used for public service or emergency communications.

BURGLARY AND RELATED OFFENSES

§ 4-1-59 Burglary

It shall be unlawful for any person to enter a building or occupied structure with intent to commit an offense therein.

§ 4-1-60 Burglary of a Vehicle

It shall be unlawful for any person to enter any vehicle with intent to commit an offense therein.

§ 4-1-61 Trespass

It shall be unlawful for any person to unlawfully:

(a) refuse to depart from the real property of another, except under a landlord-tenant relationship, after being notified in writing, or verbally by the owner, lawful occupant or authorized agent of the owner of such property, to immediately depart; or

(b) enter without permission of the owner or the owner's agent, upon the real property of another.

§ 4-1-62 Aggravated Trespass

The act of trespass shall be aggravated if while committing trespass a person:

(a) accomplishes entry on the property by an act of force or violence or the use of a key or similar device which provides entry and which device the actor is not authorized or privileged to use for such purpose;

(b) intends to cause or causes annoyance or injury to any person thereon or damage to any property thereon;

(c) intends to commit or commits an offense thereon; or

(d) is in possession of a deadly or dangerous weapon.

§ 4-1-63 Robbery

(a) It shall be unlawful for any person to take personal property from the possession of another or from the immediate area of another by means of force or intimidation.

(b) As used in this section, the term "intimidation" means the fear of an immediate and unlawful injury to the person or property of the person robbed or of anyone in the company of such person at the time of the robbery.

§ 4-1-64 Theft

It shall be unlawful for any person if, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from its owner.

§ 4-1-65 Theft by Deception

It shall be unlawful for any person if, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds another's property by:

(a) creating or confirming another's 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 has 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 while failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not valid, or is or is not a matter of official record.

§ 4-1-66 Acquiring Lost Property

It shall be unlawful for any person if with the intent to deprive another of such property or to appropriate such property to himself or a third person, he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner.

§ 4-1-67 Theft by a False Promise

(a) It shall be unlawful for any person to obtain property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

(b) In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed.

§ 4-1-68 Extortion

It shall be unlawful for any person to compel or induce another person to deliver property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

(a) cause physical injury to some person in the future;

(b) cause damage to property;

(c) engage in conduct constituting a crime;

(d) accuse some person of a crime or cause criminal charges to be instituted against him;

(e) expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;

(f) cause a strike, boycott or other collective labor group action injurious to some person's business; unless the property is demanded or received for the benefit of the group in whose interest the actor purports to act;

(g) testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

(h) use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(i) perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

§ 4-1-69 Receiving Stolen Property

It shall be unlawful for any person to knowingly receive, retain, obtain control over or possess, stolen property, knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen; and

(a) he intends to deprive the owner permanently of the use or benefit of the property; or

(b) he knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit.

§ 4-1-70 Theft of Services

It shall be unlawful for any person to obtain for himself or another the labor or services of another which are available only for hire, by means of threat or deception.

§ 4-1-71 Defenses to Theft and Related Offenses

(a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.

(b) In any prosecution for theft committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated openly and avowedly, and under a claim of right made in good faith.

§ 4-1-72 Theft of Telephone Services

It shall be unlawful for any person to knowingly, and without consent, use or receive another's telephone services in which a charge or fee is involved with the intent to withhold compensation for the use of such services.

§ 4-1-73 Unauthorized Use of a Vehicle

It shall be unlawful for any person:

(a) to knowingly take, operate, exercise control over, ride in or otherwise use another's vehicle, boat or aircraft without consent of the owner;

(b) having custody of a vehicle, boat or aircraft pursuant to an agreement to perform a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, to intentionally use or operate thereof, without consent of the owner, for his own purpose in a manner constituting a gross deviation from the agreed purpose; or

(c) having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, to knowingly retain or withhold possession thereof without consent of the owner for so long of time as to render such retention or possession a gross deviation from the agreement.

FORGERY

§ 4-1-74 Forgery

It shall be unlawful for any person if with intent to defraud or injure anyone, he:

(a) alters any writing of another without such person's authority;

(b) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be:

(1) the act of another who did not authorize that act;

(2) to have been executed at a time or place or in numbered sequence other than was in fact the case;

(3) to be a copy of an original when no such original existed; or

(c) utters or attempts to circulate as genuine any writing which he knows to be forged in the manner specified in this section.

FRAUD

§ 4-1-75 Criminal Simulation

It shall be unlawful for any person if, with intent to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters or attempts to circulate or sell as genuine any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.

§ 4-1-76 Fraudulent Handling of Recordable Instruments

It shall be unlawful for any person if, with intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording or knowingly records a false or forged instrument.

§ 4-1-77 Tampering With Records

It shall be unlawful for any person if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, with intent to deceive or injure anyone or to conceal any wrong doing.

§ 4-1-78 Bad Checks

(a) It shall be unlawful for any person to issue or pass a check or similar sight order for the payment of money, for the purpose of obtaining any money, property, or other thing of value or paying for any services, rent, wages or salary, knowing or believing that it will not be honored by the drawee.

(b) An issuer is presumed to know that the check or order would not be paid if:

(1) the issuer had no account with the drawee at the time the check or order was issued; or

(2) payment was refused by the drawee for lack of funds, upon presentation for payment within thirty (30) days of issue, and the issuer failed or was intentionally unavailable to make good within ten (10) days after such refusal and receipt of notice of refusal to pay.

§ 4-1-79 Deceptive Business Practices

(a) It shall be unlawful for any person in the course of business to:

(1) use or possess for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2) sell, offer or expose for sale, or deliver less than the represented quality or quantity of any commodity or service;

(3) take or attempt to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;

(4) sell, offer or expose for sale adulterated or mislabeled commodities;

(5) makes a false or misleading statement in any advertisement with the intent of promoting the purchase or sale of property or services;

(6) makes a false or misleading statement for the purpose of obtaining property or credit; or

(7) makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities.

(b) It is an affirmative defense to prosecution under this section if the defendant proves by clear convincing evidence that his conduct was not intentionally, knowingly or willfully deceptive.

§ 4-1-80 Fraudulent Use of Credit Card

It shall be unlawful for any person to use with the intention of obtaining money, goods, services or any other thing of value a credit card or credit card account which he knows is forged, expired, canceled, revoked, stolen, or retained without consent of the card or account holder.

§ 4-1-81 Rigging a Contest

It shall be unlawful for any person who:

(a) with a purpose to prevent a contest from being conducted in accordance with the rules and usages purporting to govern it, he:

(1) confers or offers or agrees to confer any benefit upon, or threatens any injury to a participant, official or other person associated with the contest;

(2) tampers with any person, animal, or thing associated with the contest;

(3) knowingly solicits, accepts or agrees to accept any benefit from a participant, official or other person associated with the contest; or

(b) knowingly engages in, sponsors, produces, judges, or otherwise participates in a contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct unlawful under this section.

§ 4-1-82 Defrauding Creditors.

It shall be unlawful for any person:

(a) to destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with purpose to hinder enforcement of that interest;

(b) knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, to:

(1) destroy, remove, encumber, transfer, or otherwise deal with any property with purpose to defeat or obstruct the operation of any law relating to administration of such property for the benefit of creditors;

(2) knowingly falsify any writing or record relating to the property; or

(3) knowingly misrepresent or refuse to disclose to a person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor is legally required to furnish in relation to such administration.

§ 4-1-83 Unlawful Dealing With Property By a Fiduciary

It shall be unlawful for any person to deal with property that has been entrusted to him as a fiduciary, or property of the Tribe or government or of a financial institution, in a manner which he knows or should know is a violation of his duty and which involves a substantial loss or risk of loss to the owner or to a person for whose benefit the property was entrusted.

§ 4-1-84 Making a False Credit Report

It shall be unlawful for any person to knowingly make a materially false or misleading statement to obtain property or credit for himself or another or to keep some other person from obtaining credit.

OFFENSES AGAINST THE FAMILY

Marital Violations

§ 4-1-85 Bigamy

It shall be unlawful for any person if, knowing that he or she has a husband or wife or knowing the other person has a husband or wife, he purports to marry or cohabit with such other person. It shall be a defense to bigamy if the defendant proves by a preponderance of the evidence that he reasonably believed he and the other person were eligible to marry.

§ 4-1-86 Incest

(a) It shall be unlawful for any parent and child, ancestor and descendant of any degree, siblings of the half or whole blood, uncle and niece or nephew, aunt and niece or nephew, or first cousins to intermarry or to engage in sexual intercourse.

(b) Minors, incompetents or non-consenting parties may not be found guilty of incest.

§ 4-1-87 Criminal Nonsupport

(a) It shall be unlawful for any person:

(1) who is the parent, guardian or legal guardian of any minor dependent upon him or her for care, education or support, to desert such child in any manner whatever with intent to abandon him or her;

(2) to willfully omit, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his child, ward or spouse. The practice of a parent or guardian who chooses for his child or ward treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of duty of care to such child or ward.

(b) Proof of the desertion of a spouse, child or children in destitute or necessitous circumstances or of neglect to furnish such wife, child, or children necessary and proper food, clothing or shelter is prima facie evidence that such desertion or neglect is willful.

§ 4-1-88 Domestic Violence (revised 6/22/99)

(a) It shall be unlawful for any domestic household member to commit:

(1) an assault as defined in § 4-1-37 of the Nez Perce Tribal Code, upon any other domestic household member;

(2) an aggravated assault as defined in § 4-1-39 of the Nez Perce Tribal Code, upon any other domestic household member;

(3) a battery as defined in § 4-1-38 of the Nez Perce Tribal Code, upon any other domestic household member;

(4) an aggravated battery as defined in § 4-1-40 of the Nez Perce Tribal Code, upon any other domestic household member;

(5) a rape as defined in § 4-1-48 of the Nez Perce Tribal Code, upon any other domestic household member.

(b) A conviction for domestic violence is punishable by imprisonment for a term not to exceed One (1) year or by a fine not to exceed Five Thousand Dollars ($5,000) or by both a fine and imprisonment or any other sentence the Court may deem appropriate.

(1) Any person who pleads guilty or is found guilty of a violation of this section shall undergo, at the person’s own expense, an evaluation by a person, organization, or agency approved by the Court to determine whether the defendant should be required to obtain batterers treatment or other appropriate treatment. If the evaluation recommends counseling or other treatment, the evaluation shall recommend the type of counseling and/or treatment considered appropriate for the defendant, and shall recommend any other suitable alternative counseling or treatment programs.

(2) If the evaluation recommends counseling or other treatment, the Court shall order the person to complete the counseling or other treatment, at the person’s own expense, in addition to any other sentence which may be imposed. If the Court determines that counseling or treatment would be inappropriate or undesirable, the Court shall enter findings articulating the reasons for such determination on the record. The Court shall order the defendant to complete the preferred counseling or treatment program set forth in the evaluation within the time allowed by the Court, at the person’s own expense.

(c) In addition to any other penalty imposed for a violation of this section, the Tribal Court may grant any other civil or equitable remedy.

§ 4-1-89 Abuse of Vulnerable Adults (amended 12/14/99)

(a) It shall be unlawful for any person:

(1) to willfully or negligently inflict physical or mental pain or injury on a vulnerable adult;

(2) to willfully or negligently misuse the funds, property or resources of a vulnerable adult for profit or advantage; or

(3) who is responsible for the care of a vulnerable adult, to willfully or negligently fail to provide food, clothing, shelter, medical care or other services reasonably necessary to sustain the life and health of a vulnerable adult.

(b) In addition to any other penalty imposed for a violation of this section, the Tribal Court may grant any other civil or equitable remedy.

§ 4-1-90 Child Abuse (revised 6/22/99)

(a) It shall be unlawful for any person:

(1) to willfully cause or permit any child to suffer or inflict thereon unjustifiable physical pain or mental suffering;

(2) having the care or custody of any child, to willfully cause or permit the person or health of such child to be injured; or

(3) to willfully cause or permit any child to be placed in such situation that his person or health is seriously endangered.

(4) To commit a crime involving domestic violence in the presence of a child. For the purpose of this subsection, "in the presence of a child" shall mean in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic violence.

(b) The practice of a parent or guardian who chooses for his child treatment solely by prayer or spiritual means shall not for that reason alone be construed to have violated the duty of care to such child.

§ 4-1-91 Endangering the Welfare of a Minor

(a) It shall be unlawful for any person to knowingly:

(1) induce, cause or permit an unmarried person under eighteen (18) years of age to witness a sexual act;

(2) permit a person under eighteen (18) years of age to enter or remain in a place where unlawful narcotic or illicit drug activity is maintained or conducted;

(3) induce, cause or permit a person under eighteen (18) years of age to participate in gambling other than a social game;

(4) sell, cause to be sold or provide tobacco, alcohol or harmful drugs or narcotics in any form to a person under eighteen (18) years of age; or

(5) sell, cause to be sold or provide tobacco in any form to a person under eighteen (18) years of age.

(6) otherwise threaten serious harm to the physical, emotional or mental well being of the minor.

(b) For the purposes of this section, traditional Indian games including, but not limited to, "Stick Games" shall be considered social games.

§ 4-1-92 Contributing to the Delinquency of a Minor

(a) It shall be unlawful for any person by any act or omission to willfully aid, encourage or cause or attempt to aid, encourage or cause any child to:

(1) become or remain delinquent;

(2) do or perform any act or follow any course of conduct which would cause or manifestly tend to cause such child to become or remain delinquent; or

(3) cause a child to become or remain a runaway.

(b) In addition to any other penalties imposed for a violation of this section, the Court may require the juvenile and his parent or guardian to perform community service, participate in counseling, or issue such other orders designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision.

OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT

Bribery and Corrupt Influences

§ 4-1-93 Definitions

As used in this part:

(a) "Benefit" means a gain or advantage, or anything regarded by the beneficiary as a gain or advantage, including benefit to any other person or entity in whose welfare he is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose;

(b) "Government" includes any branch, subdivision or agency of the government of any state, the United States or any locality within such entities;

(c) "Harm" means loss, disadvantage or injury, or anything regarded as such by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested;

(d) "Official proceeding" means a proceeding heard or which may be heard before any tribal legislative, judicial, administrative body or any tribal agency or official authorized to take evidence under oath;

(e) "Party official" means a person who holds an elective or appointive post in a political party by virtue of which he directs or conducts, or participates in directing or conducting party affairs at any level of responsibility;

(f) "Pecuniary benefit" is benefit in the form of money, property, commercial interests or anything else of which the primary significance of which is economic gain;

(g) "Public servant" means any officer or employee of the Tribe or government, including Executive Committee members and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a function for the Tribe or government; but the term does not include witnesses;

(h) "Administrative proceeding" means any proceeding, other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals.

§ 4-1-94 Bribery in Official Matters

(a) It is unlawful for any person to offer, confer or agree to confer upon another, or to solicit, accept or agree to accept from another:

(1) any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(2) any benefit as consideration for a violation of a known legal duty as public servant or party official.

(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way for any reason.

§ 4-1-95 Threats and Other Improper Influence in Official Matters

(a) It shall be unlawful for any person to:

(1) threaten unlawful harm to any person with intent to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter;

(2) threaten harm to any public servant or party official with intent to influence him to violate his known legal duty; or

(3) privately address to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with intent to influence the outcome on the basis of considerations other than those authorized by law.

(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction or for any other reason.

§ 4-1-96 Compensation for Past Official Behavior

It shall be unlawful for any person to:

(a) solicit, accept, or agree to accept any pecuniary benefit as compensation for having as a public servant, given a decision, opinion, recommendation or vote favorable to another or for having otherwise exercised discretion in such other person's favor, or for having violated his duty; or

(b) offer, confer or agree to confer, compensation for the above purposes.

§ 4-1-97 Retaliation for Past Official Action

It shall be unlawful for any person to harm another by any unlawful acts in retaliation for anything lawfully done by the latter in the capacity of public servant.

§ 4-1-98 Improper Gifts to Public Servants

(a) It shall be unlawful for any person who:

(1) being a public servant in any department or agency exercising regulatory functions, or conducting inspections or investigations or carrying on civil or criminal litigation on behalf of the Tribe or government, or having custody of prisoners, solicits, accepts or agrees 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) being a public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims or other pecuniary transactions of the Tribe or government solicits, accepts or agrees 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) being a public servant having judicial or administrative authority or employed by court or other tribunal having such authority, or participating in the enforcement of its decisions, solicits, accepts or agrees to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such public servant or a tribunal with which he is association;

(4) being a Nez Perce Tribal Executive Committee member or public servant employed by the Executive Committee or by any subcommittee or agency thereof solicits, accepts or agrees to accept any pecuniary benefit from any person known to be interested in a matter, transaction or proceeding, pending or contemplated before the Executive Committee or any sub-committee or agency thereof; or

(5) knowingly confers or agrees to confer any benefit prohibited by the above sections.

(b) This section shall not apply to:

(1) fees prescribed by law to be received by a public servant, or any other benefit for which the recipient gives legitimate consideration or to which he is otherwise legally entitled;

(2) gifts or other benefits conferred on account of kinship or other personal, professional or business relationship independent of the official status of the receiver; or

(3) trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.

ABUSE OF OFFICE

§ 4-1-99 Official Misconduct

It shall be unlawful for any person who:

(a) being a public servant, and with intent to benefit himself or another or harm another, he willfully commits an unauthorized act which purports to be an act of his office, or refrains from performing a nondiscretionary duty imposed on him by law or clearly inherent in the nature of his office; or

(b) being a public servant and knowing that official action is contemplated or in reliance on information which he has acquired by virtue of his office or from another public servant, which information has not been made public, he:

(1) acquires or divests himself of a valuable interest in any property, transaction, or enterprise which may be affected by such action or information; or

(2) speculates or wagers on the basis of such action or information; or knowingly aids another in doing any of the foregoing.

§ 4-1-100 Interference with Tribal Court

No officer of the General Council or member of NPTEC shall interfere with or attempt to influence, any decision of the Tribal Court or the investigation, prosecution, or settlement of any case.

§ 4-1-101 Official Oppression

It shall be unlawful for any person who, when acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, and knowing that his conduct is illegal, he:

(a) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(b) denies or impedes another in the exercise or enjoyment of any right, power, or immunity.

§ 4-1-102 Misuse of Public Money

It shall be unlawful for any person who is a public servant or other person charged with the receipt, safe keeping, transfer or disbursement of public moneys:

(a) without authority of law, to appropriate such money or any portion thereof to his own use, or to the use of another;

(b) to loan such money or any portion thereof;

(c) having the possession or control of any public money, to make a profit out of, or use the same for any purpose not authorized by law;

(d) to fail to keep such money in his possession until disbursed or paid out by authority of law;

(e) to deposit such money or any portion thereof in any bank, or with any banker or other person, otherwise than on special deposit, or as otherwise authorized by law;

(f) to change or convert any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law;

(g) to knowingly keep any false account, or make any false entry or erasure in any account of or relating to the same;

(h) to fraudulently alter, falsify, conceal, destroy or obliterate any such account;

(i) to willfully refuse or omit to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon such moneys by competent authority;

(j) to willfully omit to transfer or pay over any money when such transfer is required by law; or

(k) to misuses or misappropriates any contract or program monies.

FALSIFICATION IN OFFICIAL MATTERS

§ 4-1-103 Perjury

(a) It shall be unlawful for any person who, while under oath before any competent tribunal, officer, or person in any official proceeding, willfully and contrary to such oath, states as true any material matter which he knows to be false.

(b) It is no defense to a prosecution under this section that:

(1) the oath or affirmation was administered or taken in an irregular manner;

(2) the accused was not competent to give the testimony, deposition, certificate or affirmation of which falsehood is alleged;

(3) the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made.

(c) It is a defense to prosecution under this section that the defendant retracted his false statement:

(1) in a manner showing a complete and voluntary retraction of the statement;

(2) during the course of the same proceeding in which it was made; and

(3) before the subject matter of the proceeding is submitted to the ultimate trier of fact or decision maker.

(d) As used in this section, the term "competent" shall refer to sufficient qualification for testifying on particular subject matter and not mental capacity or ability.

§ 4-1-104 False Swearing

(a) It shall be unlawful for any person to make a false sworn statement, knowing it to be false.

(b) It is no defense to a prosecution under this section that:

(1) the oath or affirmation was administered or taken in an irregular manner;

(2) the accused was not competent to give the sworn statement of which falsehood is alleged;

(3) the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made.

(c) It is a defense to prosecution under this section that the defendant retracted his false statement:

(1) in a manner showing a complete and voluntary retraction of the statement;

(2) during the course of the same proceeding in which it was made; and

(3) before the subject matter of the proceeding is submitted to the ultimate trier of fact or decision maker.

(d) As used in this section, the term "competent" shall refer to sufficient qualification for testifying on particular subject matter and not mental capacity or ability.

§ 4-1-105 Unsworn Falsification

(a) It shall be unlawful for any person to knowingly make any false written statement in an attempt to gain any benefit.

(b) It is no defense to a prosecution under this section that:

(1) the oath or affirmation was administered or taken in an irregular manner;

(2) the accused was not competent to give the written statement of which falsehood is alleged;

(3) the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made.

(c) It is a defense to prosecution under this section that the defendant retracted his false statement:

(1) in a manner showing a complete and voluntary retraction of the statement;

(2) during the course of the same proceeding in which it was made; and

(3) before the subject matter of the proceeding is submitted to the ultimate trier of fact or decision maker.

(d) As used in this section, the term "competent" shall refer to sufficient qualification for testifying on particular subject matter and not mental capacity or ability.

§ 4-1-106 Tampering with Physical Evidence

It is unlawful for any person to:

(a) present evidence as genuine or true which he knows has been forged or fraudulently altered;

(b) prepare any false or fraudulently altered physical evidence for any fraudulent or deceitful purpose; or

(c) knowingly destroy, alter or conceal the same.

§ 4-1-107 Tampering with Public Records

It shall be unlawful for any person, who does not have the authority, to willfully destroy, alter, falsify or remove any record kept as part of the official governmental records of the Tribe or government.

§ 4-1-108 Tampering with a Witness

(a) It shall be unlawful for any person to willfully intimidate, influence, impede, deter, threaten, harass, obstruct or prevent a witness, or any person he believes has been or may be called as a witness in any proceeding from testifying freely, fully or truthfully in that proceeding.

(b) The fact that a witness was not actually prevented from testifying or influenced shall not be a defense to a charge brought under this section.

§ 4-1-109 Bribing Witnesses

It shall be unlawful for any person to offer, or promise to give, to a witness any bribe, or attempt by any other means fraudulently to induce any witness to give false or withhold true testimony.

§ 4-1-110 Receiving Bribes in Exchange for Testimony

It shall be unlawful for any person to receive or offer to receive any bribe in exchange for false or altered testimony.

§ 4-1-111 Simulating Legal Process

It shall be unlawful for any person to knowingly issue or deliver to another any document that in form and substance falsely purports to represent a civil or criminal process.

§ 4-1-112 Criminal Impersonation

It shall be unlawful for any person to unlawfully exercise or attempt to exercise the functions of, or hold himself out to anyone as a public servant.

§ 4-1-113 Welfare Offense

(a) It shall be unlawful for any person to:

(1) give false information to another for the purpose of obtaining or retaining public assistance;

(2) knowingly fail to correct misinformation which enables him to obtain or retain public assistance;

(3) continue to accept and use for his own benefit or the benefit of another, public assistance to which he knows he is not entitled;

(4) use or expend money or commodities granted him as public assistance in an improper manner or in a manner which does not proportionately benefit each of those persons intended to benefit by the grant; or

(5) knowingly use public assistance in a manner contrary to the regulations relating thereto.

OBSTRUCTING GOVERNMENT FUNCTION

§ 4-1-114 Resisting and Obstructing Officers

(a) It shall be unlawful for any person to:

(1) willfully resist, delay, obstruct or otherwise endeavor to prevent with or without actual force any public officer, in the discharge, or attempt to discharge, of any duty of his office; or

(2) knowingly give a false report to any peace officer.

(b) "Resists" as used in this section means the use of or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person or that justifies or requires substantial force to overcome.

§ 4-1-115 Hindering Prosecution

It shall be unlawful for any person, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime or with the intent to assist a person who has committed a crime in profiting or benefiting from the commission of the crime to:

(a) harbor or conceal such person;

(b) warn such person of impending discovery or apprehension, except if such warning is given in an attempt to get the other person to comply with the law;

(c) provide or aid in providing such person with money, transportation, any weapon, disguise or other means of avoiding discovery or apprehension;

(d) prevent or obstruct, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of such person;

(e) suppress by any act of concealment, alteration or destruction of physical evidence which might aid in the discovery, apprehension, prosecution or conviction of such person; or

(f) aid such person in securing or protecting the proceeds of the crime.

§ 4-1-116 Escape

It shall be unlawful for any person:

(a) while being in the custody of any jail, prison, or officer, to escape or attempt to escape from custody;

(b) to aid or attempt to aid another in escaping from jail, prison or from any officer; or

(c) with intent to facilitate such escape, to provide another with anything useful to aid in making his escape from jail, prison or from any officer.

§ 4-1-117 Providing Contraband

It is unlawful for any person to provide a person in official detention with any alcoholic beverage, drug, weapon, implement of escape or any other thing or substance which is unlawful for the detainee to possess.

§ 4-1-118 Bail Jumping

It is unlawful for any person having been released on bail or on his own recognizance upon condition that he subsequently appear, to fail to appear at the time and place which have been lawfully designated for his appearance.

§ 4-1-119 Failure to Obey an Order of the Court (revised 6/22/99)

(a) It shall be unlawful for any person to fail to obey an order, subpoena, or warrant issued by the Tribal Court.

(b) It shall be unlawful for any person to violate domestic protection orders issued in accordance with § 7-3-4 or § 7-3-5 of the Nez Perce Tribal Code.

§ 4-1-120 Default on Fine

It shall be unlawful for a person, who being convicted of any offense under this code, defaults in the payment of a fine imposed or any installment thereof.

§ 4-1-121 Riot

It is unlawful for any person acting together with two or more persons in the course of conducting any act in a violent, boisterous, tumultuous or threatening manner to:

(a) physically injure another person;

(b) damage or destroy public or private property; or

(c) disturb the public peace.

§ 4-1-122 Obstructing the Administration of Justice (added 12/14/99)

It shall be unlawful for any person to:

(a) by threat or force, or by any threatening letter or communication, endeavor to influence, intimidate, or impede any juror, officer of the Court, officer who may be serving at any examination or other proceeding before the Court, or member or support staff of the Nez Perce Tribal Executive Committee in the discharge of his duty;

(b) injure any such juror, officer of the Court, officer who may be serving at any examination or other proceeding before the Court, or member or support staff of the Nez Perce Tribal Executive Committee in his person or property on account of any verdict or judgment assented to by him;

(c) injure any officer of the Court, officer who may be serving at any examination or other proceeding before the Court, or member or support staff of the Nez Perce Tribal Executive Committee in his person or property on account of the performance of his official duties; or

(d) corruptly or by threats or force, or by any threatening letter or communication, attempt to influence, obstruct, or impede the due administration of justice.

(e) As used in this section, "Officer of the Court" shall include all persons connected with the administration of the judicial process and/or whose duty it is to serve the process of the Court.

OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE

§ 4-1-123 Prostitution

It shall be unlawful for any person to:

(a) engage in or offer or agree to engage in sexual intercourse or sexual contact with another person in return for a fee;

(b) pay or offer or agree to pay another person a fee for the purpose of engaging in an act of sexual intercourse or sexual contact;

(c) own, control or otherwise maintain any place or aid or abet in the same for the purpose of prostitution;

(d) induce or cause a person to engage in prostitution or remain in a place of prostitution or aid or assist another in such an act; or

(e) knowingly accept, receive or appropriate any money, property or other benefit from the proceeds or earnings of any person engaged in prostitution.

§ 4-1-124 Spreading Sexually Transmitted Disease

It shall be unlawful for any person knowing or having reason to believe he is infected with a sexually transmitted disease, to infect another with such disease.

§ 4-1-125 Setting a Dangerous Device

It shall be unlawful for any person to place or set any dangerous device with intent to frighten, confine, deter or injure any person in any place where it may be exploded, discharged or otherwise triggered by the contact or movement of any person.

§ 4-1-126 Weapons Offense

(a) It shall be unlawful for any person:

(1) being convicted of a felony or an equivalent crime under this code or having been declared mentally incompetent, to own or have in his possession or under his custody or control a dangerous weapon;

(2) being intoxicated or otherwise under the influence of alcohol beverages or other intoxicating substance, drug, or medicine, to have a dangerous weapon in his possession;

(3) to have on his person a concealed dangerous weapon without proper authority;

(4) to point or aim any dangerous weapon at or toward any other person within range of the weapon except in self defense;

(5) to discharge any kind of dangerous weapon from a motor vehicle, from, upon or across any public highway without lawful authority;

(6) to have in his possession any dangerous weapon with intent to assault another;

(7) to provide to any minor under the age of sixteen (16) a dangerous weapon without consent of parent or guardian; or

(8) subject to a domestic protection order, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (Added 6/22/99)

(b) As used in this section, proper authority to carry a concealed weapon shall include the authority granted to any law enforcement officer or a permit issued by the state of Idaho.

§ 4-1-127 Committing an Offense While Armed

It shall be unlawful for any person to commit or attempt to commit any offense while armed with any dangerous or deadly weapon.

§ 4-1-128 Abuse of Corpse

It shall be unlawful for any person to intentionally and unlawfully desecrate, remove, destroy or molest in any way any part of human remains.

DRUG AND ALCOHOL RELATED OFFENSES

§ 4-1-129 Drug Promotion

It shall be unlawful for any person to knowingly maintain, frequent or remain at a place:

(a) resorted to by drug users for the purpose of unlawfully using narcotic or dangerous drugs; or

(b) which is used for the unlawful keeping or sale of narcotic or dangerous drugs.

§ 4-1-130 Possession and/or Consumption of a Controlled Substance

(a) It shall be unlawful for any person to possess, purchase, consume, obtain, ingest, inject, distribute, manufacture, or sell any controlled substance including, but not limited to, marijuana, barbiturates, amphetamines, hallucinogens, opiates, cocaine, and other substances as defined in Chapter 13, Title 21 U.S.C. § 812.

(b) This section shall not preclude:

(1) the possession, purchase, consumption, obtaining, ingestion, distribution or sale of peyote for bona fide Native American religious ceremonies; or

(2) any substances as prescribed by a duly licensed physician.

§ 4-1-131 Abuse of Psychotoxic Chemical Solvents

(a) It shall be unlawful for a person:

(1) for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, to intentionally;

(A) smell or inhale the fumes of any psychotoxic chemical solvent;

(B) possess, purchase or attempt to possess or purchase any psychotoxic chemical solvent; or

(2) knowing or believing that the purchaser of another intends to use a psychotoxic chemical solvent in violation of this section, to sell or offer to sell any psychotoxic chemical solvent.

(b) This section shall not apply to the inhalation of prescribed anesthesia for medical or dental purposes.

(c) As used in this section, "psychotoxic chemical solvents" includes any glue, cement, or other substance containing one or more of the following chemical compounds: acetone and acetate, benzene, butyl-alcohol, ethyl-alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl, petone, pentachlorophenol, petroleum either, or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. The statement or listing of the contents of a substance packaged in a container by the manufacturer or producer thereof shall be proof of the contents of such substance without further expert testimony if it reasonably appears that the substance in such container is the same substance placed therein by the manufacturer or producer.

§ 4-1-132 Possession of Drug Paraphernalia

(a) It shall be unlawful for any person to use, or possess with intent to use, drug paraphernalia to cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, store, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance including, but not limited to, marijuana, barbiturates, amphetamines, hallucinogens, opiates, cocaine, and other substances as defined in Chapter 13, Title 21 U.S.C. § 812.

(b) This section shall not preclude the possession or purchase of any item/object traditionally used in bona fide Native American religious ceremonies or used as prescribed by a licensed physician.

§ 4-1-133 Possession of Alcohol by a Person Under Twenty-One

A person commits the offense of possession of alcohol by a person under the age of twenty-one (21) if while being under the age of twenty-one (21), he shall possess, purchase, consume, obtain, or sell, or is found under the influence, of any beer, wine, ale, whiskey or any substance whatsoever which produces alcoholic intoxication, or misrepresents his age for the purpose of buying or otherwise obtaining an alcoholic beverage. (Amended 6/22/99)

§ 4-1-134 [Reserved]

§ 4-1-135 Public Intoxication (amended 12/14/99)

It shall be unlawful for any person to create, any disturbance in a public place while intoxicated or under the influence of an intoxicating drink or drug.

SEX OFFENDER REGISTRATION

§ 4-1-140 Failure to Register as a Sex Offender

(a) This provision shall apply to any person who:

(1) On or after January 1, 1997, pleads guilty to or is found guilty of a crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in § 4-1-48 (Rape), § 4-1-49 (Forcible Sexual Penetration with a Foreign Object), § 4-1-50 (Unlawful Sexual Intercourse), § 4-1-51 (Sexual Assault), § 4-1-52 (Sexual Molestation of a Minor Under Sixteen) or § 4-1-86 (Incest). (corrected section numbers 7/20/99)

(2) Enters the on to the Nez Perce Reservation on or after January 1, 1995, and who has pled guilty to or has been found guilty of any crime, an attempt, a solicitation or a conspiracy to commit a crime on another reservation, in the state of Idaho, in another state, territory, commonwealth, or other jurisdiction of the United States that is substantially equivalent to the offenses listed in subsection (a)(1) of this section.

(3) Pleads guilty to or has been found guilty of a crime covered in this section prior to January 1, 1995, and the person, as a result of the offense, is incarcerated in a jail facility or a penal facility or is under probation or parole supervision, on or after January 1, 1997.

(b) The provisions of this section shall no apply to any such person while the person is incarcerated in a correctional institution or jail facility.

§ 4-1-141 Title Registration - Time Limit - Duration Period

(a) Any person who becomes subject to the provisions of this section on or after January 1, 1997, shall register within five (5) days of entering onto the Nez Perce Reservation, with the tribal police.

(b) If there is an address change for a person required to register, such person shall inform the tribal police with whom that person last registered of the new address, in writing, within five (5) days of such change.

(c) The tribal police shall within five (5) working days of receipt of the new address, forward this information to the law enforcement agency where such person would be required to register.

§ 4-1-142 Duration of registration requirement

Any person to whom this section applies shall be required to register during any period of probation or parole and shall continue to comply with the provisions of this section for life while residing on the Nez Perce Reservation.

§ 4-1-143 Exemption from lifetime registration

(a) Any person whom this section applies may, after a period of ten (10) years from the date of discharge from probation, parole or release from incarceration, whichever is greater, petition the Court for a show cause hearing to determine whether the person should be exempted from the duty to register as a sex offender. In the petition the petitioner shall:

(1) Provide clear and convincing evidence that the petitioner is not a risk to commit a new violation for any violent crime or crime identified in § 4-1-140.

(2) Provide and affidavit indicating that petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any violent crime or crime identified in § 4-1-140.

(3) Provide proof of service of such petition upon the tribal prosecuting attorney; and

(4) Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sex offender.

(b) The tribal Court may grant a hearing if it finds that the petition is sufficient. The Court shall provide at least sixty (60) days prior notice of the hearing to the petitioner and the tribal prosecuting attorney.

(c) The Court may exempt the petitioner from the reporting requirement only after a hearing on the petition in open court and only upon proof by clear and convincing evidence that the petitioner is not a risk to commit a new violation for any violent crime or crime identified in § 4-1-140.

§ 4-1-144 Manner of registering

Registration shall be in a form approved by the Idaho department of law enforcement and shall include the following information about the person registered:

(a) Name and all aliases which the person has used or under which the person has been know;

(b) A complete description of the person including the date of birth, social security number, photograph and fingerprints;

(c) Name of each offense covered in this section to which the person pled guilty or was found guilty, where each offense was committed, where the person pled guilty or was found guilty of each offense, and the name under which the person pled guilty or was found guilty of each offense;

(d) The name and location of each hospital, jail or penal institution to which the person was committed for each offense covered under this section; and

(e) Address of current residence and place of employment.

§ 4-1-145 Notice of duty to register

(a) The Tribal Court shall provide written notification at the time of sentencing of the duty to register pursuant to this section to any defendant who has pled guilty or has been found guilty of an offense as identified in subsection (a)(1) of § 4-1-140. The written notification shall be signed by the defendant and one (1) copy retained by the Court, one (1) copy provided to the tribal prosecutor and one (1) copy provided to the defendant.

(b) The tribal police shall provide written notification of the duty to register pursuant to this section to any person committed or accepted to its custody for an offense identified in subsection (a)(1) of § 4-1-140, prior to the person’s release from confinement or supervision. The written notice shall be signed by the person and one (1) copy shall be retained by the tribal police, and one (1) copy provided to the person.

§ 4-1-146 False or misleading information

No person subject to the registration provisions of this section shall willfully furnish any false or misleading information in the registration required under this section.

§ 4-1-147 Expungement

(a) Any person having a duty to register under this section may file a petition with the Tribal Court for an order to expunge the information provided pursuant to this section.

(b) The petition shall be filed in the Tribal Court, or for a conviction on another reservation, in the state of Idaho or in another state, the petition shall be filed in court in the jurisdiction in which the person resides. The prosecuting attorney for the jurisdiction shall be named as the respondent and shall be served with a copy of the petition.

(c) The Court may grant the petition and issue an order to expunge the information if the petitioner shows by clear and convincing evidence the:

(1) Petitioner’s duty to register under this section has expired;

(2) Petitioner does not have a criminal charge pending nor is the petitioner under criminal investigation for any crime identified in § 4-1-140; and

(3) Petitioner is not a substantial risk to commit a new violation for any crime identified in §4-1-140.

§ 4-1-148 Penalty

Any person who is required to register under this section who violates the provisions of § 4-1-141 and § 4-1-146 of the Nez Perce Tribal Code, shall be guilty of the offense of failure to register as a sex offender and shall be punished by imprisonment for a period not to exceed one (1) years and by a fine not to exceed five thousand dollars ($5,000).

§ 4-1-149 Additional Requirements

(a) Any person whom this section applies shall notify and get permission from the Tribal Police before establishing or changing any personal residence.

(b) Any person whom this section applies shall be subject to any reasonable restrictions on personal associations, class associations, and/or geographic limitations that the Tribal Court may impose at the request of the Tribal Police.

(c) Any person whom this section applies shall meet with a designated Tribal Police or Probation Officer weekly, or other times as set.

(d) Any person whom is required to register under this section who violates these requirements shall be guilty of the offense of failure to register under § 4-1-148.

§ 4-1-150 Publication

(a) Individuals may obtain, for a fee, a list of registered sex offenders from the Tribal Police.

(b) The Tribe may, at its discretion, publish names and/or pictures of all registered sex offenders in local media.

(c) Any release of information under this section will be accompanied by the following:

WARNING

This information is made available for the purpose of protecting the public. It is not to be used for the purpose of harassing or intimidating anyone. A person who uses registry information to commit a criminal act against another person is subject to arrest and prosecution under the Nez Perce Tribal Code.

GENERAL PROVISIONS

§ 4-2-1 Definitions

(a) "Defendant" means the person against whom an action is filed, regardless of whether the action is civil or criminal.

(b) "The Department" means the Idaho State Department of Transportation.

(c) "Intoxicant" means liquor, a narcotic drug, or any other drug or substance which renders a person incapable of safely operating a motor vehicle.

(d) "Probable cause" exists under this chapter when an officer has substantial objective basis for believing that a person has committed an infraction or a crime. In determining whether probable cause exists, the officer may take into account all information which a prudent officer would deem relevant to the likelihood that an infraction or crime has been committed and that the person to be cited or arrested has committed it.

(e) "Traffic infraction" means a civil offense which is not a crime and the punishment imposed shall not be deemed for any purpose a penal or criminal punishment and shall not affect or impair the credibility of a witness or otherwise of any person convicted thereof.

§ 4-2-2 Duties of Officers; Warrant not Required

It shall be the duty of tribal police officers to enforce the provisions of this chapter without the necessity of procuring a warrant.

§ 4-2-3 License Suspension - Revocation

(a) Information regarding convictions for traffic infractions or crimes shall be forwarded to the Department in such form and at such times as may be requested.

(b) In addition to the penalties for traffic violations provided by this chapter, the Department is hereby authorized to maintain records and assess points based upon the records of traffic violations submitted by the Tribal Court and to make such records available through the interstate non-residential compact program to jurisdictions were traffic violators reside.

§ 4-2-4 Disposition of Fines

All fines and penalties for violations of any of the provisions of this chapter shall be paid to the Clerk of the Court who shall issue a receipt and shall deliver daily the funds received and copies of receipts to the Finance Department of the Nez Perce Tribe.

§ 4-2-5 Seizure of Stolen Vessels, Motor and Other Vehicles

A tribal police officer, with or without a warrant, may seize and take possession of any vehicle, trailer or vessel or any part thereof, which he has probable cause to believe is stolen. Any tribal police officer so seizing a vehicle, vessel or parts thereof shall immediately notify the jurisdiction were the vehicle is registered and shall make every reasonable effort to determine ownership of the vehicle, vessel or equipment and to notify the rightful owner that the vehicle has been seized.

§ 4-2-6 Severability

If any provision of this chapter or its applicability to any person or circumstances is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected.

OFFENSES

§ 4-2-7 Crimes

(a) All laws defining and punishing criminal acts involving motor vehicles identified in Title 49 Sections 49-101 - 49-2446 and any other such criminal acts listed under the Idaho Code existing as of the date of adoption of this chapter by the Nez Perce Tribal Executive Committee, are hereby adopted as the traffic laws of the Nez Perce Tribe.

(b) A violation of any provision of this section shall be treated as a criminal offense and shall be prosecuted under the Nez Perce Tribal Rules of Criminal Procedure. The penalty for a violation of this section shall be:

(1) a fine of up to $2500 and imprisonment up to six (6) months if the act is listed as a "misdemeanor" in the provisions of the Idaho Motor Vehicle Code incorporated herein; (revised 6/22/99)

(2) a fine of up to $5,000 and imprisonment for up to one (1) year if the act is listed as a "felony" in the provisions of the Idaho Motor Vehicle Code incorporated herein; or

(3) a fine of up to $1,000 and imprisonment for up to six (6) months for all other acts.

(c) The punishments provided by this section shall be the sole penalty provided for criminal traffic violations notwithstanding those provided by the provisions of the Idaho Motor Vehicle Code incorporated herein, except that the jurisdiction where a traffic violator resides is authorized to assess points and revoke or suspend driving privileges or assess fines or fees related to the revocation or suspension of driving privileges in accordance with local law.

§ 4-2-8 Arrests for Serious Offenses; Appearance before Tribal Court

(a) A tribal police officer shall arrest any person charged with:

(1) negligent homicide; or

(2) driving or being in actual physical control of a vehicle while under the influence of an intoxicant.

(b) A tribal police officer may in his discretion issue either a traffic citation as provided in this chapter or arrest any person who:

(1) fails to stop, fails to give information, or fails to render reasonable assistance, in the event of an accident resulting in death or personal injury, damage to a vehicle, to fixtures or other property legally upon or adjacent to a highway;

(2) is charged with fleeing or attempting to elude a peace officer; or

(3) is charged with reckless driving.

§ 4-2-9 Infractions

(a) All traffic infractions identified under Title 49 Sections 49-101 - 49-2446 and any other traffic infractions listed under the Idaho Code existing as of the date of adoption of this chapter by NPTEC, are hereby adopted as the traffic laws of the Nez Perce Tribe.

(b) The punishments provided by this code shall be the sole penalties provided for traffic infractions notwithstanding those provided by the provisions of the Idaho Motor Vehicle Code incorporated herein, except that the jurisdiction where a traffic violator resides is authorized to assess points and revoke or suspend driving privileges or assess fines or fees related to the revocation or suspension of driving privileges in accordance with local law. For purposes of identifying traffic infractions on citation forms and otherwise, citations shall be identical to those used in the Idaho State Code.

GENERAL PROVISIONS

§ 4-3-1 Definitions

(a) "Infraction" means a civil offense which is not a crime and the remedy imposed therefor shall not be deemed for any purpose a penal or criminal punishment and shall not affect or impair the credibility of a witness or otherwise of any person convicted thereof.

(b) " Probable cause" exists under this chapter when an officer has substantial objective basis for believing a fact or situation exists. In determining whether probable cause exists, the officer may take into account all information which a prudent officer would deem relevant to the likelihood that a fact or situation exists.

(c) "Defendant" means the person against whom an action is filed under this section.

(d) "Public" means a location to which the public or a substantial group has access or those individuals present in such location. A " public" place includes: highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

§ 4-3-2 Duties of Officers; Warrant not Required

It shall be the duty of tribal police officers to enforce the provisions of this chapter without the necessity of procuring a warrant.

§ 4-3-3 Disposition of Fines

All fines and penalties for violations of any of the provisions of this chapter shall be paid to the clerk of the court who shall issue a receipt and deliver the funds to the Nez Perce Finance Department.

§ 4-3-4 Officers

(a) A tribal police officer is authorized to arrest any person who resists, delays, prevents or obstructs any such officer, in the discharge, or attempt to discharge, of any duty under this chapter or gives a false report to any peace officer.

(b) Any person arrested for a violation of this section who is subject to the criminal jurisdiction of the Nez Perce Tribe shall be prosecuted under the Nez Perce criminal laws as provided by this code. Any person arrested for a violation of this section who is not subject to the criminal jurisdiction of the tribe shall be delivered without unnecessary delay to the nearest authority for the state of Idaho.

OFFENSES

Property

§ 4-3-5 Trespass (reinstated by NPTEC 6/10-11/03)

A person commits the inf