# NEZ PERCE TRIBE REVISED CODES (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Anez_perce%3A0a8b2f54b9e3ba48 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) TITLE 4 CRIMINAL CODE TABLE OF CONTENTS Chapter 4.10 PART I. INTRODUCTORY PROVISIONS .........................................................................1 Section 4.10.001 Section 4.10.002 Section 4.10.003 Section 4.10.004 Section 4.10.005 PART II. Section 4.10.028 Intoxication [4-1-15] ............................................................................................ 12 Duress [4-1-16] .................................................................................................... 12 Consent [4-1-17] .................................................................................................. 12 Entrapment [4-1-18] ........................................................................................... 13 Justification As A Defense .................................................................................. 13 Justification Generally; Civil Remedies Unaffected [4-1-21] ........................... 13 Force in Self-Protection or Protection of Others [4-1-22] ................................. 14 Force for the Protection of Property [4-1-23] ..................................................... 14 Force in Law Enforcement [4-1-24].................................................................... 15 Force by Persons with Special Responsibility or Care, Discipline or Safety of Others [4-1-25] ..................................................................................... 15 Reserved............................................................................................................... 16 RESPONSIBILITY .............................................................................................. 16 Section 4.10.029 Section 4.10.030 TITLE 4 Acts and Omissions to Act [4-1-9] ........................................................................ 8 Culpability [4-1-10] ............................................................................................... 9 Causal Relationships Between Conduct and Result [4-1-11]............................. 9 Ignorance or Mistake [4-1-12] ............................................................................ 10 Accomplices [4-1-13] ............................................................................................ 10 Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf [4-1-14] .................................................. 11 AFFIRMATIVE DEFENSES AND JUSTIFIABLE USE OF FORCE ............ 12 Section 4.10.018 Section 4.10.019 Section 4.10.020 Section 4.10.021 Section 4.10.022 Section 4.10.023 Section 4.10.024 Section 4.10.025 Section 4.10.026 Section 4.10.027 PART VI. Burden and Presumption of Innocence................................................................ 8 Negating Defenses [4-1-8]..................................................................................... 8 Reserved................................................................................................................. 8 CRIMINAL LIABILITY .........................................................................................8 Section 4.10.012 Section 4.10.013 Section 4.10.014 Section 4.10.015 Section 4.10.016 Section 4.10.017 PART V. Prosecution for Multiple Offenses [4-1-5] ............................................................ 7 Double Jeopardy [4-1-6] ........................................................................................ 8 Reserved................................................................................................................. 8 BURDEN OF PROOF ............................................................................................8 Section 4.10.009 Section 4.10.010 Section 4.10.011 PART IV. Scope ...................................................................................................................... 1 Purpose and Construction .................................................................................... 1 Reserved................................................................................................................. 1 Civil Remedies Preserved ..................................................................................... 1 Definitions ............................................................................................................. 1 MULTIPLE PROSECUTIONS AND DOUBLE JEOPARDY .............................7 Section 4.10.006 Section 4.10.007 Section 4.10.008 PART III. General Provisions ...................................................................... 1 Mental Disease or Defect Excluding Responsibility [4-1-19] ........................... 16 Medical Examination and Institutionalization [4-1-20] ................................... 16 CRIMINAL CODE TOC - i NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.10.031 Section 4.10.032 PART VII. SENTENCING AND DISPOSITION OF OFFENDERS ................................. 17 Section 4.10.033 Section 4.10.034 Section 4.10.035 Section 4.10.036 Section 4.10.037 Section 4.10.038 Section 4.10.039 Section 4.10.040 Section 4.10.041 Section 4.10.042 Section 4.10.043 Section 4.10.044 Section 4.10.045 Section 4.10.046 Section 4.10.047 Section 4.10.048 Section 4.10.049 PART VIII. Grades of Crimes ................................................................................................. 17 Felony, Misdemeanor and Infraction Defined................................................... 17 Fine and Imprisonment Limitations by Class of Criminal Offense ................ 17 Reserved – Habitual Offenders .......................................................................... 18 Reserved............................................................................................................... 18 General Principles in Sentencing and Punishment [4-1-26] ............................ 18 Sentences and Combinations of Sentences [4-1-27].......................................... 18 Sentencing Proceedings [4-1-31] ........................................................................ 19 Payment of Fines and Other Monies [4-1-28] ................................................... 19 Decision to Impose a Fine [4-1-29] ..................................................................... 19 Community Service [4-1-30] ............................................................................... 19 Probation [4-1-32] ................................................................................................ 20 Violation of Terms of Probation [4-1-33] ........................................................... 20 Reserved............................................................................................................... 21 Reserved............................................................................................................... 21 Reserved............................................................................................................... 21 Reserved............................................................................................................... 21 SEX OFFENDER REGISTRATION [CH. 4-6] ................................................. 21 Section 4.10.050 Section 4.10.051 Section 4.10.052 Section 4.10.053 Section 4.10.054 Section 4.10.055 Section 4.10.056 Section 4.10.057 Section 4.10.058 Section 4.10.059 Section 4.10.060 Section 4.10.061 Chapter 4.15 Section 4.15.001 Section 4.15.002 Section 4.15.003 Chapter 4.20 Section 4.20.001 Section 4.20.002 Section 4.20.003 Section 4.20.004 Section 4.20.005 Section 4.20.006 Section 4.20.007 TITLE 4 Reserved............................................................................................................... 16 Reserved............................................................................................................... 16 General Matters Related to Sex Offender Registration ................................... 21 Terminology Related to Sex Offender Registration [4-6-5] .............................. 21 Covered Offenses Requiring Sex Offender Registration [4-6-6] ...................... 24 Required Information.......................................................................................... 26 Safety Zones ......................................................................................................... 31 Sex Offender Registration Procedures [4-6-29 through 4-6-32] ....................... 31 Retroactive Registration [4-6-33] ....................................................................... 33 Keeping Registration Current [4-6-34] .............................................................. 33 Failure to Appear for Registration and Absconding [4-6-35] ........................... 34 Electronic Restrictions for Sex Offenders .......................................................... 35 Public Sex Offender Registration ....................................................................... 35 Intervention and Treatment............................................................................... 38 Inchoate Offenses ....................................................................... 38 Attempt [4-1-34] .................................................................................................. 38 Criminal Conspiracy [4-1-35] ............................................................................. 39 Solicitation [4-1-36] ............................................................................................. 39 Offenses Against The Person .................................................. 39 Simple Assault [4-1-37] ....................................................................................... 39 Aggravated Assault [4-1-39] ............................................................................... 39 Battery [4-1-38] ................................................................................................... 40 Aggravated Battery [4-1-40] ............................................................................... 40 Stalking [4-1-41] .................................................................................................. 40 Aggravated Stalking [4-1-42] ............................................................................. 41 Strangulation....................................................................................................... 41 CRIMINAL CODE TOC - ii NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.20.008 Section 4.20.009 Section 4.20.010 Section 4.20.011 Section 4.20.012 Section 4.20.013 Chapter 4.23 Section 4.23.001 Section 4.23.002 Section 4.23.003 Section 4.23.004 Section 4.23.005 Section 4.23.006 Section 4.23.007 Section 4.23.008 Section 4.23.009 Section 4.23.010 Section 4.23.011 Section 4.23.012 Section 4.23.013 Section 4.23.014 Section 4.23.015 Section 4.23.016 Section 4.23.017 Section 4.23.018 Section 4.23.019 Section 4.23.020 Section 4.23.021 Chapter 4.25 Section 4.25.001 Section 4.25.002 Section 4.25.003 Section 4.25.004 Section 4.25.005 Section 4.25.006 Section 4.25.007 Section 4.25.008 Section 4.25.009 Chapter 4.30 Section 4.30.001 Section 4.30.002 Section 4.30.003 Section 4.30.004 Section 4.30.005 TITLE 4 Suffocation ........................................................................................................... 42 Murder [4-1-43] ................................................................................................... 42 Manslaughter [4-1-44] ........................................................................................ 42 Kidnapping [4-1-45] ............................................................................................ 43 False Imprisonment [4-1-46] .............................................................................. 43 Human Trafficking .............................................................................................. 43 Sex-Related Crimes.................................................................... 44 Definitions Related to Sex Crimes ..................................................................... 44 Rape [4-1-48] ........................................................................................................ 44 Forcible Sexual Penetration with a Foreign Object [4-1-49] ............................ 45 Unlawful Sexual Intercourse [4-1-50] ................................................................ 45 Sexual Assault [4-1-51] ....................................................................................... 45 Sexual Molestation of a Minor under the Age of 16 [4-1-52]............................ 46 Enticement of a Child [4-1-52(a)] ....................................................................... 46 Enticement of a Child Through Use of the Internet or Other Communication Device [4-1-52(b)] ..................................................................... 46 Commercial Sexual Exploitation of a Minor ..................................................... 47 Sexual Exploitation of a Minor........................................................................... 48 Voyeurism ............................................................................................................ 48 Unlawful Distribution of Sexual Images ........................................................... 48 Indecent Exposure [4-1-53] ................................................................................. 49 Reserved............................................................................................................... 49 Patronizing a Prostitute ..................................................................................... 49 Promotion of Prostitution [4-1-123] ................................................................... 49 Incest [4-1-86] ...................................................................................................... 50 Reserved............................................................................................................... 50 Failure to Register as a Sex Offender or Provide Notice of Registration Changes [4-1-148] .......................................................................... 50 Hindrance of Sex Offender Registration ........................................................... 50 Safety Zone Trespass by Sex Offender .............................................................. 51 Offenses Against The Family .................................................. 51 Reserved............................................................................................................... 51 Bigamy [4-1-85] ................................................................................................... 51 Criminal Nonsupport [4-1-87] ............................................................................ 51 Child Custodial Interference [4-1-47] ................................................................ 52 Child Abuse [4-1-90]............................................................................................ 52 Endangering the Welfare of a Minor Under the Age of 18 [4-1-91]................. 53 Contributing to the Delinquency of a Minor [4-1-92] ....................................... 54 Abuse of Vulnerable Adults [4-1-89] .................................................................. 54 Elder Abuse ......................................................................................................... 54 Offenses Against Property ....................................................... 55 Reserved............................................................................................................... 55 Arson [4-1-54] ...................................................................................................... 55 Aggravated Arson [4-1-55] .................................................................................. 55 Causing a Catastrophe [4-1-56] ......................................................................... 55 Malicious Injury to Property [4-1-57] ................................................................ 56 CRIMINAL CODE TOC - iii NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.30.006 Section 4.30.007 Section 4.30.008 Section 4.30.009 Section 4.30.010 Section 4.30.011 Section 4.30.012 Section 4.30.013 Section 4.30.014 Section 4.30.015 Section 4.30.016 Section 4.30.017 Section 4.30.018 Section 4.30.019 Section 4.30.020 Section 4.30.021 Chapter 4.35 Section 4.35.001 Section 4.35.002 Section 4.35.003 Section 4.35.004 Section 4.35.005 Section 4.35.006 Section 4.35.007 Section 4.35.008 Section 4.35.009 Section 4.35.010 Section 4.35.011 Chapter 4.40 Section 4.40.001 Section 4.40.002 Section 4.40.003 Section 4.40.004 Chapter 4.45 Section 4.45.001 Section 4.45.002 Section 4.45.003 Section 4.45.004 Chapter 4.50 Section 4.50.001 Section 4.50.002 Section 4.50.003 Section 4.50.004 Section 4.50.005 Section 4.50.006 TITLE 4 Vandalism [4-1-58] .............................................................................................. 56 Burglary [4-1-59] ................................................................................................. 56 Burglary of a Vehicle [4-1-60]............................................................................. 56 Criminal Trespass [4-1-61] ................................................................................. 56 Aggravated Criminal Trespass [4-1-62] ............................................................ 57 Trespass of Privacy ............................................................................................. 57 Robbery [4-1-63] .................................................................................................. 57 Theft [4-1-64] ....................................................................................................... 57 Theft by Deception [4-1-65] ................................................................................ 58 Acquiring Lost Property [4-1-66] ....................................................................... 58 Theft by a False Promise [4-1-67] ...................................................................... 58 Extortion [4-1-68] ................................................................................................ 59 Receiving Stolen Property [4-1-69] .................................................................... 59 Theft of Services [4-1-70] .................................................................................... 60 Unauthorized use of a Vehicle [4-1-73] .............................................................. 60 Defenses to Theft and Related Offenses [4-1-71] .............................................. 61 Offenses Involving Fraud and Deception ........................... 61 Forgery [4-1-74] ................................................................................................... 61 Criminal Simulation [4-1-75] ............................................................................. 61 Fraudulent Handling of Recordable Instruments [4-1-76] .............................. 61 Tampering with Records [4-1-77] ....................................................................... 62 Bad Checks [4-1-78] ............................................................................................ 62 Deceptive Business Practices [4-1-79] ............................................................... 62 Fraudulent use of Prepaid, Debit or Credit Card [4-1-80] ............................... 63 Rigging a Contest [4-1-81] .................................................................................. 63 Defrauding Creditors [4-1-82] ............................................................................ 64 Unlawful Dealing with Property by a Fiduciary [4-1-83]................................. 64 Making a False Credit Report [4-1-84] .............................................................. 64 Offenses Against Public Health, Safety, And Welfare ...... 65 Spreading a Sexually-Transmitted Disease [4-1-124] ...................................... 65 Weapons Offense [4-1-126] ................................................................................. 65 Committing an Offense While Armed [4-1-127]................................................ 66 Abuse of Corpse [4-1-128] ................................................................................... 66 Gangs ............................................................................................. 66 Findings and Purpose ......................................................................................... 66 Definitions Relating to Gangs ............................................................................ 67 Prohibited Activity .............................................................................................. 67 Identification of a Gang Member ....................................................................... 68 Drug- And Alcohol-Related Offenses .................................... 68 Reserved............................................................................................................... 68 Frequenting [Drug Promotion 4-1-129] ............................................................. 68 Reserved............................................................................................................... 69 Possession and/or Consumption of a Controlled Substance [4-1-130] ............. 69 Manufacture or Delivery of a Controlled Substance ........................................ 69 Drug Paraphernalia – definition [4-1-1(m)] ...................................................... 70 CRIMINAL CODE TOC - iv NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.50.007 Section 4.50.008 Section 4.50.009 Section 4.50.010 Section 4.50.011 Section 4.50.012 Section 4.50.013 Section 4.50.014 Section 4.50.015 Section 4.50.016 Section 4.50.017 Chapter 4.55 Section 4.55.001 Section 4.55.002 Section 4.55.003 Section 4.55.004 Section 4.55.005 Section 4.55.006 Section 4.55.007 Chapter 4.60 PART I. Offenses Against The Administration of Government .... 77 Bribery in Official Matters [4-1-94] ................................................................... 77 Threats and Other Improper Influence in Official Matters [4-1-95] ............... 78 Compensation for Past Official Behaviors [4-1-96]........................................... 78 Retaliation for Past Official Action [4-1-97] ...................................................... 79 Improper Gifts to Public Servants [4-1-98] ....................................................... 79 Official Misconduct [4-1-99]................................................................................ 80 Interference with Tribal Court [4-1-100] ........................................................... 80 Official Oppression [4-1-101] .............................................................................. 80 Misuse of Public Monies [4-1-102] ..................................................................... 81 FALSIFICATION IN OFFICIAL MATTERS.................................................... 82 Section 4.60.010 Section 4.60.011 Section 4.60.012 Section 4.60.013 Section 4.60.014 Section 4.60.015 Section 4.60.016 Section 4.60.017 Section 4.60.018 Section 4.60.019 Section 4.60.020 TITLE 4 Disorderly Conduct [4-1-200] ............................................................................. 75 Unreasonable Noise [4-1-201] ............................................................................ 75 Reserved............................................................................................................... 76 Reserved............................................................................................................... 76 Animal Fighting [4-1-202] .................................................................................. 76 Cruelty to Animals [4-1-203] .............................................................................. 77 Persistent or Habitual Violations of the Dog Ordinance [4-1-204] .................. 77 ABUSE OF OFFICE ........................................................................................... 80 Section 4.60.006 Section 4.60.007 Section 4.60.008 Section 4.60.009 PART III. Offenses Related to Public Order .......................................... 74 BRIBERY AND CORRUPT INFLUENCES ..................................................... 77 Section 4.60.001 Section 4.60.002 Section 4.60.003 Section 4.60.004 Section 4.60.005 PART II. Possession of Drug Paraphernalia [4-1-132] ..................................................... 72 Reserved............................................................................................................... 72 Abuse of Psychotoxic Chemical Solvents [4-1-131] ........................................... 72 Reserved............................................................................................................... 73 Possession of Alcohol by a Person Under 21 Years of Age [4-1-133] ............... 73 Possession, Distribution or use of Cigarettes or Other Tobacco Products by a Person Under 21 Years of Age [4-1-134] .................................... 73 Dispensing of Alcohol to a Person Under 21 Years of Age [4-1-136] ............... 74 Reserved............................................................................................................... 74 Reserved............................................................................................................... 74 Public Intoxication [4-1-135] .............................................................................. 74 Open Container [4-1-137] ................................................................................... 74 Perjury [4-1-103] ................................................................................................. 82 False Swearing [4-1-104] .................................................................................... 82 Unsworn Falsification [4-1-105] ......................................................................... 83 Tampering with Physical Evidence [4-1-106] ................................................... 84 Tampering with Public Records [4-1-107] ......................................................... 84 Tampering with a Witness [4-1-108] ................................................................. 84 Bribing a Witness [4-1-109] ................................................................................ 84 Receiving Bribes in Exchange for Testimony [4-1-110] .................................... 85 Simulating Legal Process [4-1-111] ................................................................... 85 Criminal Impersonation [4-1-112] ..................................................................... 85 Welfare Offense [4-1-113] ................................................................................... 85 CRIMINAL CODE TOC - v NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.60.021 Section 4.60.022 PART IV. OFFENSES AGAINST PUBLIC ADMINISTRATION .................................... 86 Section 4.60.023 Section 4.60.024 Section 4.60.025 Section 4.60.026 Section 4.60.027 Section 4.60.028 Section 4.60.029 Section 4.60.030 Section 4.60.031 Section 4.60.032 Section 4.60.033 Chapter 4.80 Section 4.80.001 Section 4.80.002 Section 4.80.003 Section 4.80.004 Section 4.80.005 Section 4.80.006 Chapter 4.90 PART I. Civil Infractions.......................................................................... 92 Definitions [4-3-1]................................................................................................ 92 Duties of Officers; Warrant not Required [4-3-2].............................................. 93 Disposition of Fines [4-3-3] ................................................................................. 93 Officers [4-3-4] ..................................................................................................... 93 Trespass [4-3-5] ................................................................................................... 93 Vandalism [4-3-6] ................................................................................................ 94 Shoplifting/Retail Theft [4-3-7] .......................................................................... 94 Liability for Acts of Minors [4-3-8] ..................................................................... 94 Nuisance Abatement [4-3-9] ............................................................................... 94 Refusing Assistance to Officers [4-3-20] ............................................................ 96 False Reporting [4-3-21] ..................................................................................... 96 Loitering [4-3-23] ................................................................................................. 97 Harassment [4-3-24] ........................................................................................... 97 Abuse of Corpse [4-3-25] ..................................................................................... 97 Cruelty to Animals [4-3-26] ................................................................................ 97 Animal Fighting [4-3-26(b)] ................................................................................ 98 PUBLIC HEALTH, SAFETY, AND WELFARE ............................................... 98 Section 4.90.017 TITLE 4 Purpose ................................................................................................................ 91 Scope .................................................................................................................... 91 Jurisdiction .......................................................................................................... 92 Sovereign Immunity............................................................................................ 92 Amendment [4-2-7(a) and 4-2-9(a)] .................................................................... 92 Definitions related to Traffic Offenses [4-2-1] ................................................... 92 PUBLIC ORDER ................................................................................................. 96 Section 4.90.010 Section 4.90.011 Section 4.90.012 Section 4.90.013 Section 4.90.014 Section 4.90.015 Section 4.90.016 PART IV. Traffic Offenses........................................................................... 91 PROPERTY .......................................................................................................... 93 Section 4.90.005 Section 4.90.006 Section 4.90.007 Section 4.90.008 Section 4.90.009 PART III. Resisting and Obstructing Officers [4-1-114] .................................................... 86 Hindering Prosecution [4-1-115] ........................................................................ 86 Escape [4-1-116] .................................................................................................. 87 Providing Contraband [4-1-117] ......................................................................... 87 Bail Jumping [4-1-118] ....................................................................................... 87 Failure to Obey an Order of the Court [4-1-119] .............................................. 88 Violation of No Contact Order – Domestic Violence ......................................... 88 Violation of a Civil Protection Order ................................................................. 88 Default on Fine [4-1-120] .................................................................................... 89 Riot [4-1-121] ....................................................................................................... 89 Obstructing the Administration of Justice [4-1-122] ........................................ 89 GENERAL PROVISIONS................................................................................... 92 Section 4.90.001 Section 4.90.002 Section 4.90.003 Section 4.90.004 PART II. Retailiation Against a Witness .......................................................................... 86 Reserved............................................................................................................... 86 Waters Infraction [4-3-50] .................................................................................. 98 CRIMINAL CODE TOC - vi NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.90.018 Section 4.90.019 Section 4.90.020 Section 4.90.021 Section 4.90.022 Section 4.90.023 Section 4.90.024 Section 4.90.025 Section 4.90.026 PART V. IMMUNITY FROM SUIT ................................................................................. 102 Section 4.90.027 Section 4.90.028 Section 4.90.029 PART VI. Immunity of Persons Giving First Aid From Damage Claim [4-3-56] ..........102 Medical assistance – Drug-related overdose or life-threatening emergency ..........................................................................................................103 Immunity of Volunteer Ambulance Attendant [4-3-57] .................................104 ADMINISTRATION OF GOVERNMENT ...................................................... 104 Section 4.90.030 Section 4.90.031 Section 4.90.032 Section 4.90.033 Section 4.90.034 Section 4.90.035 Section 4.90.036 Section 4.90.037 Section 4.90.038 TITLE 4 Public Nuisance [4-3-51] ..................................................................................... 99 Curfew Infraction – Persons Under Eighteen (18) Years [4-3-52] ................... 99 Curfew Infraction – Parental Violation [4-3-53] .............................................100 Truancy – Persons Under Eighteen (18) Years [4-3-53(a)] ............................100 Truancy Infraction – Parental Violation [4-3-53(b)] .......................................101 Runaway – Persons Under Eighteen (18) Years [4-3-53(c)] ...........................101 Runaway Infraction – Parental Violation [4-3-53(d)] .....................................101 Littering [4-3-54] ...............................................................................................101 Livestock Infraction [4-3-55] ............................................................................101 Official Nez Perce Tribal Executive Committee Actions Enforceable [4-3-75] ...............................................................................................................104 Interference with Judicial Process [4-3-70] .....................................................104 Dog Ordinance Violations [4-3-71] ...................................................................105 Fireworks Ordinance Violations [4-3-72] ........................................................105 Fuel Tax Ordinance Violations [4-3-73] ..........................................................106 Tobacco and Liquor Ordinance Violations [4-3-74].........................................106 Violation of Sex Offender Registration Code [4-3-76] .....................................107 Violation of Forest Product Harvesting Policy [4-3-77] ..................................107 Noncompliance with Commercial Building and Electrical Code [4-378] .......................................................................................................................108 CRIMINAL CODE TOC - vii NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) // Page intentionally left blank // TITLE 4 CRIMINAL CODE TOC - viii NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) TITLE 4 • CRIMINAL CODE CHAPTER 4.10 PART I. GENERAL PROVISIONS INTRODUCTORY PROVISIONS Section 4.10.001 Scope This chapter shall apply to all provisions of this title. Section 4.10.002 Purpose and Construction The purpose of the provisions of this title shall be construed in accordance with tribal customs as well as to achieve the following general principles and purposes: A. To forbid and prevent the commission of offenses and give fair warning of conduct which is declared to be an offense; B. To adequately define the conduct and mental state which constitute an offense and safeguard permitted conduct; C. To prescribe penalties which are proportionate to the seriousness of the offense, and which permit recognition of differing rehabilitative needs of individual offenders while at the same time recognizing the need of the entire Reservation community to protect itself from offenders; and D. To prevent arbitrary and oppressive treatment of persons accused or convicted of offenses and to promote the correction and rehabilitation of such persons; and E. To protect any tribal member or other person residing on the Reservation whose health or welfare may be adversely affected or threatened due to abuse, neglect or exploitation by family, household members, or other person in a legal or contractual position of providing physical, mental, or medical assistance and support to the affected person. Section 4.10.003 Reserved Section 4.10.004 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. Section 4.10.005 Definitions TITLE 4 CRIMINAL CODE Page 1 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) These definitions apply generally throughout Title 4, unless otherwise noted specifically in reference to particular chapters or sections. A. Affirmative defense means a new matter in the prosecution of an offense which assuming the complaint to be true constitutes a defense to it. B. 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. C. 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. D. 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. E. 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. F. 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 protected activity is not included, within the meaning of this definition. G. Covered Crime means a violation of NPTrC involving one of the following categories of crime: 1. TITLE 4 Assault of Tribal Justice Personnel: A violation of NPTrC that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, the Nez Perce Tribe or serving the Nez Perce Tribe during, or because of, the performance or duties of that individual in: a. preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime; b. adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime; c. detaining, providing supervision for, or providing services for persons charged with a covered crime; or CRIMINAL CODE Page 2 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) d. incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime. 2. Child Violence: A violation of NPTrC that involves the use, threatened use, or attempted use of violence against a child. 3. Dating Violence: A violation of NPTrC that is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 4. Domestic Violence: A violation of NPTrC that is committed by: a. a current or former spouse or intimate partner of the victim; b. a person with whom the victim shares a child in common; c. a person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or d. a person similarly situated to a spouse of the victim. 5. Obstruction of Justice: A violation of NPTrC that involves interfering with the administration or due process of the laws of the Nez Perce Tribe, including any criminal proceeding or investigation of a crime. 6. Sexual Violence: A violation of NPTrC that involves any nonconsensual sexual act or contact, including in any case in which the victim lacks the capacity to consent to the act. 7. Sex Trafficking: A violation of NPTrC that involves conduct within the meaning of 18 U.S. C. § 1591(a). 8. Stalking: A violation of NPTrC that involves a course of conduct directed at a specific person that would cause a reasonable person: 9. TITLE 4 a. to fear for the person’s safety or the safety of others; or b. to suffer substantial emotional distress. Criminal violations of protection orders: A violation of NPTrC that involves the violation of a provision of a protection order that: a. occurs within the Indian Country of the Nez Perce Tribe b. prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; c. was issued against the defendant; d. is enforceable by the Nez Perce Tribe; and CRIMINAL CODE Page 3 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) e. is consistent with 18 U.S.C. § 2265(b). Whether the elements of an offense under NPTrC constitute a Covered Crime is a question of law. H. Dangerous device means any device capable of causing serious bodily injury or death to human beings. I. 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. J. DOMESTIC VIOLENCE-related definitions as further detailed in the DV Chapters currently under Title 5. 1. TITLE 4 Domestic violence means violence committed by: an intimate partner of the victim, a current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or a person similarly situated to a spouse of the victim under the domestic violence laws of the Nez Perce Tribe. a. Domestic violence can take many forms such as but not limited to: use of intimidation, contact as defined within this chapter, manipulation, isolation, coercion, fear and/or violence, as well as other tactics of power and control to establish and maintain a relationship of dominance over an intimate partner, but does not include acts of self-defense. b. The following are examples of what form actions of domestic violence may take, but are not an exhaustive list, merely illustrative: i. Attempting to commit or committing any criminal offense as defined by N.P.T.r.C. Title 4, Chapter 4.20 Offenses Against The Person [formerly 4-1-37 through 4-1-46], and Chapter 4.23 Sex-Related Crimes [formerly 4-1-48 through 4-1-53] against an intimate partner; ii. Physically harming, attempting to physically harm, or placing an intimate partner in reasonable fear of physical harm to himself or herself. “Reasonable fear” may be produced by behavior which induces fear in the victim, including, but not limited to, harassment, stalking, destruction of property, or physical harm or threat of harm to household pets; CRIMINAL CODE Page 4 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 2. 3. K. Emotional or mental abuse of the intimate partner, including physical or mental intimidation, controlling activities, or using demeaning language; iv. Economic abuse of an intimate partner; v. Causing an intimate partner to engage involuntarily in sexual activity; or vi. Preventing the victim from accessing services. Intimate partner means: a. Spouses; b. Former spouses; c. Persons who are or have been in a dating relationship, including same-sex relationships; d. Persons who are or have been in a marital-like relationship, including same-sex relationships; or e. Persons who have a child in common, regardless of whether they have been married or have lived together at any time in a romantic relationship. Dating relationship means a social relationship of a romantic nature. In determining whether parties have a “dating relationship,” the trier of fact shall consider: a. The length of time the relationship has existed; b. The nature of the relationship; and c. The frequency of the interaction between the parties. Electronic Communication means any transfer of signs, signals, writing, images sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, any telecommunications networks and mobile phones. 1. L. iii. For purposes of determining jurisdiction for offenses involving electronic communications, an offense is committed within the Nez Perce Tribe’s jurisdiction if an electronic communication device transmission either originates or is received within the Nez Perce Tribe’s jurisdiction. Family or household member means persons who are not Spouses or Intimate Partners who are related by blood or marriage or persons who are living in the same household; minor children, by blood, marriage or adoption; minor children who are part of the household; or persons who reside or have resided together in the past who are not or have not been intimate partners. TITLE 4 CRIMINAL CODE Page 5 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) M. Fiduciary means a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization. N. Firearm means: 1. Any weapon (including a starter gun) which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive but does not include an antique firearm or any device that expels a projectile by means of compressed air; 2. The frame or receiver of any such weapon; 3. Any firearm muffler or firearm silencer; or 4. Any destructive device. O. 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. P. Indian means any person under the Indian Civil Rights Act, 25 U.S.C. § 1301, who would be subject to the jurisdiction of the United States as an Indian under the Major Crimes Act, 18 U.S.C. § 1153, if that person were to commit an offense listed in that section in Indian country to which that section applies. Q. 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. R. 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. S. 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. T. 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. U. 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. V. Tribal member means a member of the Nez Perce Tribe, unless otherwise indicated. TITLE 4 CRIMINAL CODE Page 6 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) W. Vulnerable adult means a person eighteen (18) years of age or older who is unable to protect themselves 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. PART II. MULTIPLE PROSECUTIONS AND DOUBLE JEOPARDY Section 4.10.006 Prosecution for Multiple Offenses [4-1-5] 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 paragraph C below, 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 TITLE 4 CRIMINAL CODE Page 7 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 3. E. 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. 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. Section 4.10.007 Double Jeopardy [4-1-6] A. As a separate sovereign, the Nez Perce Tribe shall have authority to prosecute all violations of its code, regardless of any state or federal prosecution. B. 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. C. The initial prosecution shall have been established in any proceeding in which the jury has been impaneled and sworn in, or, if the matter was to be tried without a jury, once the first witness is sworn. Section 4.10.008 Reserved PART III. BURDEN OF PROOF Section 4.10.009 Burden and Presumption of Innocence The defendant in a criminal proceeding is presumed to be innocent until each element of the offense with which the defendant is charged is proved beyond a reasonable doubt. In the absence of such proof, the defendant shall be acquitted. Section 4.10.010 Negating Defenses [4-1-8] 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. Section 4.10.011 Reserved PART IV. CRIMINAL LIABILITY Section 4.10.012 Acts and Omissions to Act [4-1-9] 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. TITLE 4 CRIMINAL CODE Page 8 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) B. C. The following are not voluntary acts within 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. 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. Section 4.10.013 Culpability [4-1-10] A person is not guilty of an offense unless they 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. Section 4.10.014 Causal Relationships Between Conduct and Result [4-111] A. B. 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. 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. TITLE 4 CRIMINAL CODE Page 9 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.10.015 Ignorance or Mistake [4-1-12] A. B. 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. 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. Section 4.10.016 Accomplices [4-1-13] A. A person is an accomplice of another person in the commission of an offense if: 1. B. 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 d. His conduct is expressly declared by the code or the definition of the crime to establish his complicity. 2. 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. 3. 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. 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 TITLE 4 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. CRIMINAL CODE Page 10 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) C. 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. Section 4.10.017 Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf [4-1-14] 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 on 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 on 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 on 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 TITLE 4 CRIMINAL CODE Page 11 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 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. PART V. AFFIRMATIVE DEFENSES AND JUSTIFIABLE USE OF FORCE Section 4.10.018 Intoxication [4-1-15] 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 the Criminal Code. Section 4.10.019 Duress [4-1-16] 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. Section 4.10.020 Consent [4-1-17] 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. TITLE 4 CRIMINAL CODE Page 12 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 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. Section 4.10.021 Entrapment [4-1-18] 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. Section 4.10.022 Justification As A Defense In any prosecution for an offense, justification as described in the following sections is a defense. Section 4.10.023 Justification Generally; Civil Remedies Unaffected [4-121] A. Justification is an affirmative defense to the prosecution of any offense based on such conduct and may be claimed: 1. TITLE 4 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 CRIMINAL CODE Page 13 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) exists which excludes the justification claimed, and the actor does not knowingly, willfully, or negligently bring about the situation requiring his conduct; or 2. If the conduct is required or authorized by the law. Section 4.10.024 Force in Self-Protection or Protection of Others [4-1-22] 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, kidnaping 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. Section 4.10.025 Force for the Protection of Property [4-1-23] 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 TITLE 4 CRIMINAL CODE Page 14 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 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. Section 4.10.026 Force in Law Enforcement [4-1-24] 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. Section 4.10.027 Force by Persons with Special Responsibility or Care, Discipline or Safety of Others [4-1-25] A. The use of force upon or toward the person of another is justifiable if: 1. 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 2. 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. TITLE 4 CRIMINAL CODE Page 15 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) Section 4.10.028 Reserved PART VI. RESPONSIBILITY Section 4.10.029 Mental Disease or Defect Excluding Responsibility [4-119] 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. B. 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. C. 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. Section 4.10.030 Medical Examination and Institutionalization [4-1-20] 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. B. Upon completion of the evaluation a report shall be submitted to the Court and shall include the following: C. 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. 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. Section 4.10.031 Reserved Section 4.10.032 Reserved TITLE 4 CRIMINAL CODE Page 16 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) PART VII. SENTENCING AND DISPOSITION OF OFFENDERS Section 4.10.033 Grades of Crimes A. Crimes are divided into two grades: 1. Felonies; and 2. Misdemeanors. Section 4.10.034 Felony, Misdemeanor and Infraction Defined A. A felony is a crime which is subject to a maximum fine of $5,000 and a term of imprisonment of no more than one year. 1. B. A misdemeanor is every other crime which is subject to a maximum fine of $5,000 and a maximum term of imprisonment of no more than one year. 1. C. Felony crimes, Class F offenses, within the Nez Perce Tribal Code are considered eligible for Enhanced Sentencing Authority under the Tribal Law and Order Act, 25 U.S.C § 1301 et seq. Misdemeanor crimes are further divided below into classes. An infraction is a civil public offense—not constituting a crime—which is punishable only by a penalty not exceeding five-hundred dollars ($500.00) and for which no period of incarceration may be imposed. Section 4.10.035 Fine and Imprisonment Limitations by Class of Criminal Offense A. Civil Infractions. 1. B. Class A infraction Sentencing Limitations: a. A fine not to exceed $500.00; b. Imprisonment is not permitted. Misdemeanors. 1. 2. 3. Class B offense Sentencing Limitations: a. A fine not to exceed $200.00; b. Imprisonment not to exceed 20 days. Class C offense Sentencing Limitations: a. A fine not to exceed $1,000.00; b. Imprisonment not to exceed 90 days. Class D offense Sentencing Limitations: a. TITLE 4 A fine not to exceed $2,500.00; CRIMINAL CODE Page 17 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) b. 4. C. Class E offense Sentencing Limitations: a. A fine not to exceed $5,000.00; b. Imprisonment not to exceed 1 year. Felonies. 1. D. Imprisonment not to exceed 180 days. Class F offense Sentencing Limitations: a. A fine not to exceed $5,000; b. Imprisonment not to exceed 1 year. c. As noted in the above section, Class F offenses within the Nez Perce Tribal Code are considered eligible for Enhanced Sentencing Authority under the Tribal Law and Order Act, 25 U.S.C § 1301 et seq. Offense Not Classified: Any criminal offense that is not classified shall be considered a criminal offense, Class E. Section 4.10.036 Reserved – Habitual Offenders Section 4.10.037 Reserved Section 4.10.038 General Principles in Sentencing and Punishment [4-126] 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. Section 4.10.039 Sentences and Combinations of Sentences [4-1-27] A. Available Sentences for all Criminal Offenses: For any one criminal offense, any of the following or any combination of the following sentences may be imposed: 1. Imprisonment, subject to the limitations of the Class of Criminal Offense; 2. Fine, subject to the limitations of the Class of Criminal Offense; 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 TITLE 4 CRIMINAL CODE Page 18 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) adjudged guilty provided such injuries are fairly attributable to the act or failure to act constituting the offense for which guilt was adjudged; B. 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. Other Lawful Orders: 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. Section 4.10.040 Sentencing Proceedings [4-1-31] 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. Section 4.10.041 Payment of Fines and Other Monies [4-1-28] 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. Section 4.10.042 Decision to Impose a Fine [4-1-29] A. In determining whether to impose a fine and its amount, the Court should consider: 1. The nature of the offense committed and the impact of the offense on the victim and the community; 2. The financial resources of the defendant. Section 4.10.043 Community Service [4-1-30] TITLE 4 CRIMINAL CODE Page 19 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) A. 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. B. Defendants receiving community service hours will contact the Tribal Probation Office within five (5) days after being sentenced and will follow all guidelines for community service work. Status reports on the defendants will be kept by the Probation Office. Section 4.10.044 Probation [4-1-32] A. The Court may suspend a defendant’s sentence and allow probation upon the terms and conditions determined by the Court. B. No suspension of a restitution order will be allowed. Section 4.10.045 Violation of Terms of Probation [4-1-33] A. Upon a report of a violation of probation from the prosecuting attorney 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. D. 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. E. 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. F. 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) TITLE 4 CRIMINAL CODE Page 20 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) business days of his confinement, unless he requests further time to prepare his defense. Section 4.10.046 Reserved Section 4.10.047 Reserved Section 4.10.048 Reserved Section 4.10.049 Reserved PART VIII. SEX OFFENDER REGISTRATION [CH. 4-6] Section 4.10.050 General Matters Related to Sex Offender Registration A. Purpose [4-6-2]. The intent of Chapter 4.10, Part VIII, Nez Perce Tribe Sex Offender Registration is to implement the federal Sex Offender Registration and Notification Act (SORNA) (Title I of Public Law 109 248) and shall be interpreted liberally to comply with the terms and conditions of SORNA as presently written or hereafter amended. B. Need [4-6-3]. The Nez Perce Tribe is disproportionately affected by violent crime and sex offenses in particular from both Indian and non-Indian perpetrators; consequently, the conduct and presence of convicted sex offenders within the Nez Perce Reservation threatens the political integrity, economic security, health and welfare of tribal nations. C. Creation of Sex Offender Registries [4-5-4]. 1. Sex Offender Registry [4-5-4(A)]. There is hereby established a sex offender registry, which the Nez Perce Tribal Police shall maintain and operate pursuant to the provisions of Chapter 4.10, Part VIII, as amended. 2. Public Sex Offender Registry Website [4-5-4(B)]. There is hereby established a public sex offender registry website, which the Nez Perce Tribal Police or designee shall maintain and operate pursuant to the provisions of Chapter 4.10, Part VIII, as amended. Section 4.10.051 Terminology Related to Sex Offender Registration [4-6-5] Definitions. The definitions below only apply to Part VIII Sex Offender Registration [4-6-5]. A. CODIS. The Combined DNA Index System (CODIS) blends forensic science and computer technology into a tool for linking violent crimes. It enables federal, state, and local forensic laboratories to exchange and compare DNA profiles electronically, thereby linking serial violent crimes to each other and to known offenders. TITLE 4 CRIMINAL CODE Page 21 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) B. Convicted. An adult sex offender is “convicted” for the purposes of Chapter 4.10, Part VIII if the sex offender has been subjected to penal consequences based on the conviction, however the conviction may be styled. 1. A juvenile offender is “convicted” for purposes of Chapter 4.10, Part VIII if the juvenile offender is either: a. Prosecuted and found guilty as an adult for a sex offense; or b. Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either (a) or (b) of 18 U.S.C. § 2241) or was an attempt or conspiracy to commit such an offense. C. Foreign Convictions. A foreign conviction is one obtained outside of the United States. D. Employee. The term “employee” as used in Chapter 4.10, Part VIII includes, but is not limited to, an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of a tribal agency or organization are included within the definition of employee for registration purposes. E. Immediate. “Immediate” and “immediately” mean within three business days. F. Imprisonment. The term “imprisonment” refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state “prison” as well as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal “jail.” Persons under “house arrest” following conviction of a covered sex offense are required to register pursuant to the provisions of this code during their period of “house arrest.” G. In-Person. The term “in-person” as used in this code means that the individual must physically be present at the location required by the code. H. Jurisdiction. The term “jurisdiction” as used in Chapter 4.10, Part VIII refers to the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any federally-recognized Indian tribe. I. Minor. The term “minor” means an individual who has not attained the age of 18 years. TITLE 4 CRIMINAL CODE Page 22 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) J. NCIC. The National Crime Information Center (NCIC) is an electronic clearinghouse of crime data. K. Nez Perce Tribal Police. When the term “Nez Perce Tribal Police” is used as a location, it refers to the Lapwai office at 210 Bever Grade. For instance, to appear in person at Nez Perce Tribal Police, refers to the office at 210 Bever Grade, Lapwai, Idaho. L. NSOR. The National Sex Offender Registry (NSOR) is the database maintained by the Attorney General of the United States pursuant to 42 U.S.C. 16919. M. NSOPW. The Dru Sjodin National Sex Offender Public Website (NSOPW) is maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920. N. Resides. The term “reside” or “resides” means, with respect to an individual, the location of the individual's home or other place where the individual habitually lives or sleeps. O. Sex Offense. The term “sex offense” as used in Chapter 4.10, Part VIII includes those offenses contained in 42 U.S.C. § 16911(5) and those offenses enumerated in subsection B (Covered Offenses) of this section or any other covered offense under the Nez Perce Tribal Code. 1. An offense involving consensual sexual conduct is not a sex offense for the purposes of Chapter 4.10, Part VIII Sex Offender Registration if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years old and the offender was not more than 4 years older than the victim. P. Sex Offender. A person convicted of a sex offense is a “sex offender.” Q. Sexual Act. The term “sexual act” means: 1. Contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight; 2. Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; 3. The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or 4. The intentional touching, not through the clothing, of the genitalia of another person that has not attained the age of 18 years with an intent TITLE 4 CRIMINAL CODE Page 23 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. R. Sexual Contact. The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person. S. Student. A “student” is a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education. T. SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109 248), 42 U.S.C. § 16911 et. seq., as amended. U. Sex Offender Registry. The term “sex offender registry” means the registry of sex offenders, and a notification program, maintained by Nez Perce Tribal Police or designee. V. SMART Office. The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), which was established within the U.S. Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. § 16945. Section 4.10.052 Covered Offenses Requiring Sex Offender Registration [4-6-6] A. Except as otherwise noted in 4.10.052(C) below, individuals who are or have been convicted in the Nez Perce Tribal Court of any offenses listed in this section and who reside on property within the exterior boundaries of the reservation or held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, regardless of location; are employed within the exterior boundaries of the reservation or on property held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, regardless of location; or who attend school within the exterior boundaries of the reservation or on property held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, are subject to the requirements of Chapter 4.10, Part VIII, Sex Offender Registration. B. Individuals who have been convicted of a sex offense in any other court are required to register pursuant to the requirements of the Idaho Code. C. A conviction under any of the following provisions of the Nez Perce Tribal Code: 1. TITLE 4 Rape; CRIMINAL CODE Page 24 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) D. 2. Forcible Sexual Penetration with a Foreign Object; 3. Unlawful Sexual Intercourse; 4. Sexual Assault; 5. Sexual Molestation of a Minor under Sixteen; 6. Enticement of a Child; 7. Enticing a Child Through Use of the Internet or Other Communication Device); or 8. Incest. Any criminal offense committed within the jurisdiction of this Tribe that involves: 1. Any type or degree of genital, oral, or anal penetration, 2. Any sexual touching of or sexual contact with a person's body, either directly or through the clothing, 3. Kidnapping of a minor, 4. False imprisonment of a minor, 5. Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct, 6. Use of a minor in a sexual performance, 7. Solicitation of a minor to practice prostitution, 8. Possession, production, or distribution of child pornography, 9. Criminal sexual conduct that involves physical contact with a minor or the use of the internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense, 10. Any conduct that by its nature is a sex offense against a minor, or 11. Any offense similar to those outlined in: TITLE 4 a. 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion); b. 18 U.S.C. § 1801 (video voyeurism of a minor); c. 18 U.S.C. § 2241 (aggravated sexual abuse); d. 18 U.S.C. § 2242 (sexual abuse); e. 18 U.S.C. § 2244 (abusive sexual contact); CRIMINAL CODE Page 25 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) E. f. 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution); or g. 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct). Offenders Registered in Other Jurisdictions. Any sex offender who is registered as a sex offender by any other jurisdiction (including the State of Idaho) and who resides on property within the exterior boundaries of the reservation or held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, regardless of location; are employed within the exterior boundaries of the reservation or on property held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, regardless of location; or who attend school within the exterior boundaries of the reservation or on property held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, is subject to the following provisions: 1. If said offender is employed within the exterior boundaries of the reservation or on property held in trust or restricted fee status for the Tribe or its members, or owned by the Tribe in fee, regardless of location, the offender shall provide, and the Nez Perce Tribal Police Department shall collect the offender's employer address information and such employer address information shall be made available to the public upon request; 2. If an offender is classified as a Tier III offender by the State of Idaho, the Nez Perce Tribal Police Department shall conduct at least one in person verification check of the offender's provided registration information. Any information obtained from such a check shall be immediately provided to the Central Registry. Section 4.10.053 Required Information A. General Requirements for Information [4-6-10]. 1. TITLE 4 Duties. A sex offender covered by Chapter 4.10, Part VIII who is required to register with the Tribe pursuant to the Registration sections as detailed further in this code shall provide all of the information detailed in subsections (B) through (T) below to the Nez Perce Tribal Police or designee, and the Nez Perce Tribal Police or designee shall obtain all of the information detailed in subsections (B) through (T) below from covered sex offenders who are required to register with the Tribe in accordance with Chapter 4.10, Part VIII and shall implement any relevant policies and procedures. CRIMINAL CODE Page 26 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) B. C. D. E. 2. Digitization. All information obtained under Chapter 4.10, Part VIII shall be, at a minimum, maintained by the Nez Perce Tribal Police or designee in a digitized format. 3. Electronic Database. A sex offender registry shall be maintained in an electronic database by the Nez Perce Tribal Police or designee and shall be in a form capable of electronic transmission. Criminal History [4-6-11]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s criminal history: 1. The date of all arrests; 2. The date of all convictions; 3. The sex offender’s status of parole, probation, or supervised release; 4. The sex offender’s registration status; and 5. Any outstanding arrest warrants. Date of Birth [4-6-12]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s date of birth: 1. The sex offender’s actual date of birth, and 2. Any other date of birth used by the sex offender. DNA Sample [4-6-13]. 1. DNA. If the sex offender’s DNA is not already contained in the Combined DNA Index System (CODIS), the sex offender shall provide the Nez Perce Tribal Police or designee a sample of his DNA. 2. CODIS. Any DNA sample obtained from a sex offender shall be submitted to an appropriate lab for analysis and entry of the resulting DNA profile in to CODIS. Identification [4-6-14]. 1. Driver’s License. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, a photocopy of all of the sex offender’s valid driver’s licenses issued by any jurisdiction. 2. Identification Cards. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, a photocopy of any identification card including the sex offender's tribal enrollment card issued by any jurisdiction. 3. Passports. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, a photocopy of any passports used by the sex offender. TITLE 4 CRIMINAL CODE Page 27 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 4. F. Immigration Documents. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, a photocopy of any and all immigration documents. Employment Information [4-6-15]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s employment, to include any and all places where the sex offender is employed in any means including volunteer and unpaid positions: 1. The name of the sex offender’s employer, 2. The address of the sex offender’s employer, and 3. Similar information related to any transient or day labor employment. G. Finger and Palm Prints [4-6-16]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, both fingerprints and palm prints of the sex offender in a digitized format. H. Homeless. If a sex offender is designated as “homeless,” it means they cannot verify information as required to prove a residence address as defined below. I. Internet Identifiers [4-6-17]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s internet related activity: J. K. 1. Any and all email addresses used by the sex offender, 2. Any and all social media addresses and identifiers, 3. Any and all other designations or monikers used for self-identification in internet communications or postings, and 4. Any and all designations used by the sex offender for the purpose of routing or self-identification in internet communications or postings. Name [4-6-18]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s name: 1. The sex offender’s full primary given name, 2. Any and all nicknames, aliases, and pseudonyms regardless of the context in which it is used; and 3. Any and all ethnic or tribal names by which the sex offender is commonly known. This does not include any religious or sacred names. Phone Numbers [4-6-19]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s telephone numbers: TITLE 4 CRIMINAL CODE Page 28 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) L. M. 1. Any and all land line telephone numbers; 2. Any and all cellular telephone numbers; and 3. Any telephone numbers used through the internet. Picture [4-6-20]. 1. Photograph. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, a current photograph of the sex offender. 2. Update Requirements. Unless the appearance of a sex offender has not changed significantly, a digitized photograph shall be collected every year. Physical Description [4-6-21]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, an accurate description of the sex offender as follows: 1. A physical description, 2. A general description of the sex offender’s physical appearance or characteristics, and 3. Any identifying marks, such as—but not limited to—scars, moles, birthmarks, or tattoos. N. Professional Licensing Information [4-6-22]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, all licensing of the sex offender that authorizes the sex offender to engage in an occupation or carry out a trade or business. O. Residence Address [4-6-23]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s residence: 1. The address of residence at which the sex offender resides or will reside. 2. Any location or description that identifies where the sex offender habitually resides regardless of whether it pertains to a permanent residence or location otherwise identifiable by a street or address. 3. A covered sex offender shall not reside or maintain an address for residential purposes at any location which is within 500 feet of any school, playground, school bus stop, tribal community center, youth center, Boys & Girls Club, or any other location which is established or designated specifically for the use by, or enjoyment of minors and such location is commonly used by minors. TITLE 4 CRIMINAL CODE Page 29 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 4. P. Q. R. An offender should be designated as homeless if they can’t verify information for a residential address as required in paragraph (1) above. School [4-6-24]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s school: 1. The address of each school where the sex offender is or will be a student, and 2. The name of each school the sex offender is or will be a student. Social Security Number(s) [4-6-25]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information: 1. A valid social security number for the sex offender, and 2. Any social security number the sex offender has used in the past, valid or otherwise. Temporary Lodging [4-6-26]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information when the sex offender will be absent from his residence for seven days or more: 1. Identifying information of the temporary lodging locations including addresses and names, and 2. Dates. The dates the sex offender will be staying at each temporary lodging location. 3. Travel Abroad. In the event the sex offender will be traveling outside of the United States for any period of time, the sex offender shall provide such travel information to the Nez Perce Tribal Police or designee at least 21 days prior to such international travel, and the Tribal Police or designee shall immediately provide this information to U.S. Marshals Service. S. Offense Information [4-6-27]. The Nez Perce Tribal Police or designee shall obtain the text of each provision of law defining the criminal offense(s) for which the sex offender is registered. T. Detailed Vehicle Information [4-6-28]. The Nez Perce Tribal Police or designee shall obtain, and a covered sex offender shall provide, the following information related to all vehicles owned or operated by the sex offender for work or personal use including land vehicles, aircraft, and watercraft: 1. License plate numbers, 2. Registration numbers or identifiers, TITLE 4 CRIMINAL CODE Page 30 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) U. 3. General description of the vehicle to include color, make, model, and year, and 4. Any permanent or frequent location where any covered vehicle is kept. Requirements for In-Person Appearances [4-6-30]. 1. Photographs. At each in person verification, the sex offender shall permit the Nez Perce Tribal Police or designee to take a photograph of the offender. 2. Review of Information. At each in-person verification, the sex offender shall review existing information for accuracy. 3. Notification. If any new information or change in information is obtained at an in-person verification, the Nez Perce Tribal Police or designee shall immediately notify all other jurisdictions in which the sex offender is required to register of the information or change in information. Section 4.10.054 Safety Zones A. Registered sex offenders or persons required to register cannot live or be within 500 feet of any school, playground, school bus stop, tribal community center, youth center, Boys & Girls Club, or any other location which is established or designated specifically for the use by or enjoyment of minors and such location is commonly used by minors. B. A waiver may be granted by the Nez Perce Tribal Police Department to a parent who has physical custody of their child(ren) who attend a school, day care, agency, or facility on a regular basis. Section 4.10.055 Sex Offender Registration Procedures [4-6-29 through 46-32] A. Where Registration Is Required [4-6-31]. A sex offender must initially register with the Nez Perce Tribal Police if the sex offender was convicted by the Tribal Court of a covered sex offense regardless of the sex offender's actual or intended residency. B. Timing of Registration [4-6-32]. 1. Timing. A sex offender required to register with the Tribe under Chapter 4.10, Part VIII of this title shall do so in the following timeframe: a. TITLE 4 If convicted by the Nez Perce Tribe for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration, CRIMINAL CODE Page 31 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) 2. C. b. If convicted by the Nez Perce Tribe but not incarcerated, within three business days of sentencing for the registration offense, and c. Within three business days of establishing a residence, commencing employment, or becoming a student within the exterior bounds of the Nez Perce Reservation or otherwise reside on property owned by the Tribe in fee or trust regardless of location, a sex offender must appear in person to register with Nez Perce Tribal Police or designee. Duties of Nez Perce Tribal Police. The Nez Perce Tribal Police shall have policies and procedures in place to ensure the following: a. That any sex offender incarcerated or sentenced by the Tribe for a covered sex offense completes their initial registration with the Tribe; b. That the sex offender reads, or has read to them, and signs a form stating that the duty to register has been explained to them and that the sex offender understands the registration requirement; c. That the sex offender is registered; and d. That upon entry of the sex offender’s information into the registry, that information is immediately forwarded to all other jurisdictions in which the sex offender is required to register due to the sex offender’s residency, employment, or student status. Frequency, Duration and Reduction [4-6-29] 1. Frequency. A sex offender who is required to register shall at a minimum, appear in person at the Nez Perce Tribal Police or designee for purposes of verification and keeping their registration current once every year for 15 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. a. 2. Reduction of Registration Periods. A sex offender may have their period of registration reduced as follows: a. TITLE 4 A sex offender designated as homeless shall appear in person at the Nez Perce Tribal Police Department or designee for the purpose of verification once every seven (7) days. An offender may have his period of registration reduced to 10 years if he has maintained a clean record for 10 consecutive years. CRIMINAL CODE Page 32 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) b. Clean Record. For purposes of Paragraph (a) of this section, a person has a clean record if: i. They have not been convicted or any offense, for which imprisonment for more than 1 year may be imposed. This exception shall not include conviction for any offense under the Nez Perce Tribal Code, Title 4, that results in a sentence of imprisonment for one year, ii. He has not been convicted of any sex offense, iii. He has successfully completed, without revocation, any period of supervised release, probation, or parole, and iv. He has successfully completed an appropriate sex offender treatment program certified by the Tribe, another jurisdiction, or by the Attorney General of the United States. Section 4.10.056 Retroactive Registration [4-6-33] A. B. Retroactive Registration. The Nez Perce Tribal Police shall have in place policies and procedures to ensure the following three categories of sex offenders are subject to the registration and updating requirements of this code: 1. Sex offenders incarcerated or under the supervision of the Tribe, whether for a covered sex offense or other crime, 2. Sex offenders already registered or subject to a pre-existing sex offender registration requirement under the Tribe’s laws or the laws of the State of Idaho, and 3. Sex offenders reentering the justice system due to conviction for any crime. Timing of Recapture. The Nez Perce Tribal Police shall ensure recapture of the sex offenders mentioned in Paragraph (A) of this Section within one year from the date of passage of Chapter 4.10, Part VIII under Title 4. Section 4.10.057 Keeping Registration Current [4-6-34] A. All sex offenders required to register in this jurisdiction shall immediately appear in person at the Lapwai office of the Nez Perce Tribal Police to update any changes to their name, residence (including termination of residency), employment, or school attendance. All sex offenders required to register in this jurisdiction shall immediately inform Nez Perce Tribal Police in person, or by phone if outside of the jurisdiction boundaries, of any changes to their temporary lodging information, vehicle information, internet identifiers, or telephone numbers. In the event of a change in temporary lodging, the sex TITLE 4 CRIMINAL CODE Page 33 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) offender and Nez Perce Tribal Police shall immediately notify the jurisdiction in which the sex offender will be temporarily staying. B. Duties of Nez Perce Tribal Police. With regard to changes in a sex offender’s registration information, the Nez Perce Tribal Police or designee shall immediately notify: 1. All jurisdictions where a sex offender intends to reside, work, or attend school; 2. Any jurisdiction where the sex offender is either registered or required to register; and 3. Specifically, with respect to information relating to a sex offender’s intent to commence residence, school, or employment outside of the United States, any jurisdiction where the sex offender is either registered or required to register, and the U.S. Marshals Service. The Tribal Police shall also ensure this information is immediately updated on NSOR. Section 4.10.058 Failure to Appear for Registration and Absconding [4-635] A. Failure to Appear. In the event a sex offender fails to register with the Tribe as required by this code, the Nez Perce Tribal Police or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the Tribe that the sex offender failed to appear for registration. B. Absconded Sex Offenders. If the Nez Perce Tribal Police or designee receives information that a sex offender has absconded the Nez Perce Tribal Police shall make an effort to determine if the sex offender has actually absconded. 1. In the event no determination can be made, the Nez Perce Tribal Police or designee shall ensure the tribal police and any other appropriate law enforcement agency is notified. 2. If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, they shall be informed that the sex offender has failed to appear and register. 3. If an absconded sex offender cannot be located, then the tribal police shall take the following steps: TITLE 4 a. Update the registry/public website to reflect the sex offender has absconded or is otherwise not capable of being located, b. Notify the U.S. Marshals Service, CRIMINAL CODE Page 34 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) c. Seek a warrant for the sex offender’s arrest. The U.S. Marshals Service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender's arrest, d. Update the NCIC/NSOR to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located, and e. Enter the sex offender into the NCIC Wanted Person File. C. Failure to Register. In the event a sex offender who is required to register due to their residence, employment or school attendance status fails to do so or otherwise violates a registration requirement of this code, the Nez Perce Tribal Police shall take all appropriate follow up measures including those outlined above in Sex Offender Registration Procedures, subsection B. The Nez Perce Tribal Police shall first make an effort to determine if the sex offender actually resides, is employed or attending school in lands subject to the Tribe’s jurisdiction. D. Criminal penalty. Each violation of a provision of the Nez Perce Tribe Sex Offender Registration Code by a sex offender who is an Indian shall be considered a crime and subject to a period of incarceration of up to one year and a fine of up to $500. E. Civil penalty. Each violation of a provision of the Nez Perce Tribe Sex Offender Registration Code by a sex offender who is not an Indian shall be considered a civil violation subject to enforcement by any means not prohibited by federal law, including, but not limited to the issuance of fines, forfeitures, and civil contempt. See Chapter 4.90 Civil Infractions, Section 4.90.035. Section 4.10.059 Electronic Restrictions for Sex Offenders A. A covered sex offender who is actively on probation with the Nez Perce Tribal Probation Department or another jurisdiction’s probation must submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media and effects to search any time with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer’s supervision functions. B. A covered sex offender must not view or possess any “visual depiction” as defined in 18 U.S.C. § 2256, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of “sexually explicit conduct.” Section 4.10.060 Public Sex Offender Registration TITLE 4 CRIMINAL CODE Page 35 of 108 NEZ PERCE TRIBE REVISED CODES As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022) Resolution NP 24-506 (Sept. 24, 2024) A. B. Website [4-6-36]. The Nez Perce Tribal Police or designee shall use and maintain a public sex offender registry website. 1. Links. The registry website shall include links to sex offender safety and education resources. Instructions: The registry website shall include instructions on how a person can seek correction of information that the individual contends is erroneous. 2. Warnings. The registry website shall include a warning that the information contained on the website should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported addresses and that any such action could result in civil or criminal penalties. 3. Search Capabilities. The registry website shall have the capability of conducting searches by name, county, city, and/or town; and zip code and/or geographic radius. 4. Dru Sjodin National Sex Offender Public Website. The Tribe shall include in the design of its website all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website and shall participate in that website as provided by the Attorney General of the United States. Required and Prohibited Information [4-6-37]. 1. TITLE 4 The following information shall be made available to the public on the sex offender registry website: a. Notice that an offender is in violation of their registration requirements or cannot be located if the sex offender has absconded, b. All sex offenses for which the sex offender has been convicted, c. The sex offense(s) for which the offender is currently registered, d. The address of the sex offender’s employer(s), e. The name of the sex offender including all aliases, f. A current photog [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Anez_perce%3A0a8b2f54b9e3ba48. Public record. Not legal advice.