NEZ PERCE TRIBE REVISED CODES (2024)

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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

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

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

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

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:

To forbid and prevent the commission of offenses and give fair warning of

conduct which is declared to be an offense;

To adequately define the conduct and mental state which constitute an

offense and safeguard permitted conduct;

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

To prevent arbitrary and oppressive treatment of persons accused or

convicted of offenses and to promote the correction and rehabilitation of such

persons; and

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

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Page 1 of 108

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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.

Affirmative defense means a new matter in the prosecution of an offense

which assuming the complaint to be true constitutes a defense to it.

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.

To appropriate when used as a verb means:

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

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

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.

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.

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.

Covered Crime means a violation of NPTrC involving one of the

following categories of crime:

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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:

preventing, detecting, investigating, making arrests relating to,

making apprehensions for, or prosecuting a covered crime;

adjudicating, participating in the adjudication of, or supporting

the adjudication of a covered crime;

detaining, providing supervision for, or providing services for

persons charged with a covered crime; or

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

incarcerating, supervising, providing treatment for, providing

rehabilitation services for, or providing reentry services for

persons convicted of a covered crime.

Child Violence: A violation of NPTrC that involves the use, threatened

use, or attempted use of violence against a child.

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.

Domestic Violence: A violation of NPTrC that is committed by:

a current or former spouse or intimate partner of the victim;

a person with whom the victim shares a child in common;

a person who is cohabitating with or who has cohabitated with

the victim as a spouse or intimate partner; or

a person similarly situated to a spouse of the victim.

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.

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.

Sex Trafficking: A violation of NPTrC that involves conduct within the

meaning of 18 U.S. C. § 1591(a).

Stalking: A violation of NPTrC that involves a course of conduct

directed at a specific person that would cause a reasonable person:

TITLE 4

to fear for the person’s safety or the safety of others; or

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:

occurs within the Indian Country of the Nez Perce Tribe

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;

was issued against the defendant;

is enforceable by the Nez Perce Tribe; and

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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.

Dangerous device means any device capable of causing serious bodily

injury or death to human beings.

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.

DOMESTIC VIOLENCE-related definitions as further detailed in the DV

Chapters currently under Title 5.

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.

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.

The following are examples of what form actions of domestic

violence may take, but are not an exhaustive list, merely

illustrative:

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;

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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;

Causing an intimate partner to engage involuntarily in

sexual activity; or

vi.

Preventing the victim from accessing services.

Intimate partner means:

Spouses;

Former spouses;

Persons who are or have been in a dating relationship, including

same-sex relationships;

Persons who are or have been in a marital-like relationship,

including same-sex relationships; or

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:

The length of time the relationship has existed;

The nature of the relationship; and

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.

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.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

Fiduciary means a trustee, guardian, executor, administrator, receiver or

any person carrying on fiduciary functions on behalf of a corporation or other

organization.

Firearm means:

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;

The frame or receiver of any such weapon;

Any firearm muffler or firearm silencer; or

Any destructive device.

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.

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.

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.

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.

Obtain means:

In relation to property, to bring about a transfer of interest or

possession, whether to the offender or to another; and

In relation to labor or services, to secure the performance thereof.

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.

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.

Tribal member means a member of the Nez Perce Tribe, unless otherwise

indicated.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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]

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:

One offense is included in the other;

One offense consists only of a conspiracy or other form of preparation

to commit the other;

Inconsistent findings of fact are required to establish the commission

of the offenses;

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

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.

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.

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.

A defendant may be convicted of an offense included in an offense charged in

the complaint. An included offense may be:

Established by proof of the same or less than all the facts required to

establish the commission of the offense charged;

An attempt or solicitation to commit the offense charged or to commit

an offense otherwise included therein; or

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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]

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.

If a defendant has been prosecuted in the Nez Perce Tribal Court for one or

more offenses arising out of the same conduct as the original prosecution, a

subsequent prosecution in the Nez Perce Tribal Court for the same or a

different offense arising out of the same conduct is barred.

The initial prosecution shall have been established in any proceeding in

which the jury has been 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 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.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

The following are not voluntary acts within the meaning of this section:

A reflex or convulsion;

A bodily movement during unconsciousness or sleep;

Conduct during hypnosis or resulting from hypnotic suggestion;

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:

The omission is expressly made sufficient by the definition of the

offense; or

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]

Conduct is the cause of a result when:

The result in question would not have occurred but for the conduct;

and

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:

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;

The injury or harm intended or contemplated or probable would have

been more serious or extensive than that caused; or

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.

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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]

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

It negates the mental state for the offense; or

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 person is an accomplice of another person in the commission of an offense

if:

With the purpose of promoting or facilitating the commission of the

offense he:

Solicits such other person to commit it;

Aids or agrees or attempts to aid such other person in planning

or committing it;

Having a legal duty to prevent the commission of the offense,

fails to make proper effort to do so; or

His conduct is expressly declared by the code or the definition of

the crime to establish his complicity.

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.

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:

He is a victim of that offense; or

He terminates his complicity prior to the commission of the offense;

and

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Wholly deprives it of effectiveness; and

Gives timely warning to the Tribal Police or otherwise makes

proper effort to prevent the commission of the offense.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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 corporation or unincorporated association may be convicted of the

commission of an offense if:

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;

The offense consists of an omission to discharge a specific duty to act

imposed on such entities by the code or other law; or

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.

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.

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.

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.

Whenever a duty to act is imposed by law upon a corporation or an

unincorporated association, any agent of the corporation or association

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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.

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]

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.

Intoxication does not, in itself, constitute mental disease within the meaning

of the Criminal Code.

Section 4.10.019 Duress [4-1-16]

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.

The defense provided by this section is unavailable if:

The actor knowingly, willfully or negligently placed himself in a

situation in which it was probable that he would be subjected to

duress;

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]

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.

When conduct constitutes an offense because it causes or threatens bodily

harm, consent to such conduct is a defense only if:

The bodily harm consented to or threatened is not serious;

The conduct and the harm are reasonably foreseeable hazards of joint

participation in a lawful athletic contest or competitive sport; or

The consent establishes a justification for the conduct.

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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)

Assent does not constitute consent if:

It is given by a person who is legally incompetent to authorize the

conduct charged to constitute the offense;

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;

It is given by a person whose consent is sought to be prevented by the

law defining the offense; or

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]

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:

Making knowingly false representations designed to induce the belief

that such conduct is not prohibited; or

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.

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.

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]

Justification is an affirmative defense to the prosecution of any offense based

on such conduct and may be claimed:

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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

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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

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]

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.

The use of force is not justifiable under this section:

To resist or assist another in resisting arrest which the actor knows is

being made by a peace officer, although the arrest is unlawful;

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;

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

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]

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.

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:

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

Intends and attempts in a violent, riotous or tumultuous manner, to

attack or enter the dwelling for the purpose of damaging or

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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.

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:

The device is not designed to cause or known to create a substantial

risk of causing death or serious bodily harm;

The use of the device is reasonable under the circumstances, as the

actor believes them to be; and

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]

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.

The use of deadly force is justifiable if:

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;

The actor believes that the force employed creates no substantial risk

of injury to innocent persons; and

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

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]

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

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

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.

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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]

It shall be an affirmative defense to prosecution of an offense if the defendant

at the time of the criminal conduct and as a result of mental disease or defect

lacks substantial capacity either to appreciate the criminal nature of his

conduct or to conform his conduct to the requirements of law.

A mental disease or defect does not include an abnormality manifested only

by repeated criminal or otherwise anti-social conduct, nor shall it preclude a

finding that the defendant is guilty but insane if the possibility of intent is

not completely eliminated by the mental disease or defect.

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]

Whenever there is reason to doubt the defendant's mental competency to

stand trial the Court shall designate a licensed psychiatrist to conduct a

competency determination.

Upon completion of the evaluation a report shall be submitted to the Court

and shall include the following:

A description of the nature of the evaluation;

A diagnosis or evaluation of the mental condition of the defendant; and

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

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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

Crimes are divided into two grades:

Felonies; and

Misdemeanors.

Section 4.10.034 Felony, Misdemeanor and Infraction Defined

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.

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.

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

Civil Infractions.

Class A infraction Sentencing Limitations:

A fine not to exceed $500.00;

Imprisonment is not permitted.

Misdemeanors.

Class B offense Sentencing Limitations:

A fine not to exceed $200.00;

Imprisonment not to exceed 20 days.

Class C offense Sentencing Limitations:

A fine not to exceed $1,000.00;

Imprisonment not to exceed 90 days.

Class D offense Sentencing Limitations:

TITLE 4

A fine not to exceed $2,500.00;

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

Class E offense Sentencing Limitations:

A fine not to exceed $5,000.00;

Imprisonment not to exceed 1 year.

Felonies.

Imprisonment not to exceed 180 days.

Class F offense Sentencing Limitations:

A fine not to exceed $5,000;

Imprisonment not to exceed 1 year.

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]

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:

Imprisonment, subject to the limitations of the Class of Criminal

Offense;

Fine, subject to the limitations of the Class of Criminal Offense;

To probation and/or suspension of sentence on such terms and

conditions as the Court may direct, including payment of probation

program costs;

To pay court costs;

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

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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;

To treatment, counseling and/or rehabilitation;

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]

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.

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.

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]

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

consider:

The nature of the offense committed and the impact of the offense on

the victim and the community;

The financial resources of the defendant.

Section 4.10.043 Community Service [4-1-30]

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

The Court may require any person who has been convicted of an offense

under this code to engage in community service for the benefit of the Tribe for

any period it determines to be appropriate.

Defendants receiving community service hours will 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]

The Court may suspend a defendant’s sentence and allow probation upon the

terms and conditions determined by the Court.

No suspension of a restitution order will be allowed.

Section 4.10.045 Violation of Terms of Probation [4-1-33]

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.

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.

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.

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.

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.

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)

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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

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.

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.

Creation of Sex Offender Registries [4-5-4].

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.

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].

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.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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.

A juvenile offender is “convicted” for purposes of Chapter 4.10, Part

VIII if the juvenile offender is either:

Prosecuted and found guilty as an adult for a sex offense; or

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.

Foreign Convictions. A foreign conviction is one obtained outside of the

United States.

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.

Immediate. “Immediate” and “immediately” mean within three business

days.

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.”

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.

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.

Minor. The term “minor” means an individual who has not attained the age

of 18 years.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

NCIC. The National Crime Information Center (NCIC) is an electronic

clearinghouse of crime data.

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.

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.

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.

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.

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.

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.

Sex Offender. A person convicted of a sex offense is a “sex offender.”

Sexual Act. The term “sexual act” means:

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;

Contact between the mouth and the penis, the mouth and the vulva, or

the mouth and the anus;

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

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

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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.

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.

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.

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.

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.

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]

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.

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.

A conviction under any of the following provisions of the Nez Perce Tribal

Code:

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Rape;

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

Forcible Sexual Penetration with a Foreign Object;

Unlawful Sexual Intercourse;

Sexual Assault;

Sexual Molestation of a Minor under Sixteen;

Enticement of a Child;

Enticing a Child Through Use of the Internet or Other Communication

Device); or

Incest.

Any criminal offense committed within the jurisdiction of this Tribe that

involves:

Any type or degree of genital, oral, or anal penetration,

Any sexual touching of or sexual contact with a person's body, either

directly or through the clothing,

Kidnapping of a minor,

False imprisonment of a minor,

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,

Use of a minor in a sexual performance,

Solicitation of a minor to practice prostitution,

Possession, production, or distribution of child pornography,

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

18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

18 U.S.C. § 1801 (video voyeurism of a minor);

18 U.S.C. § 2241 (aggravated sexual abuse);

18 U.S.C. § 2242 (sexual abuse);

18 U.S.C. § 2244 (abusive sexual contact);

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution);

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:

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;

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

General Requirements for Information [4-6-10].

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

shall implement any relevant policies and procedures.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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.

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:

The date of all arrests;

The date of all convictions;

The sex offender’s status of parole, probation, or supervised release;

The sex offender’s registration status; and

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:

The sex offender’s actual date of birth, and

Any other date of birth used by the sex offender.

DNA Sample [4-6-13].

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.

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].

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.

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.

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.

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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:

The name of the sex offender’s employer,

The address of the sex offender’s employer, and

Similar information related to any transient or day labor employment.

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.

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.

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:

Any and all email addresses used by the sex offender,

Any and all social media addresses and identifiers,

Any and all other designations or monikers used for self-identification

in internet communications or postings, and

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:

The sex offender’s full primary given name,

Any and all nicknames, aliases, and pseudonyms regardless of the

context in which it is used; and

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:

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

Any and all land line telephone numbers;

Any and all cellular telephone numbers; and

Any telephone numbers used through the internet.

Picture [4-6-20].

Photograph. The Nez Perce Tribal Police or designee shall obtain, and

a covered sex offender shall provide, a current photograph of the sex

offender.

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:

A physical description,

A general description of the sex offender’s physical appearance or

characteristics, and

Any identifying marks, such as—but not limited to—scars, moles,

birthmarks, or tattoos.

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.

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:

The address of residence at which the sex offender resides or will

reside.

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.

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

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

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:

The address of each school where the sex offender is or will be a

student, and

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:

A valid social security number for the sex offender, and

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

Identifying information of the temporary lodging locations including

addresses and names, and

Dates. The dates the sex offender will be staying at each temporary

lodging location.

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.

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.

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:

License plate numbers,

Registration numbers or identifiers,

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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)

General description of the vehicle to include color, make, model, and

year, and

Any permanent or frequent location where any covered vehicle is kept.

Requirements for In-Person Appearances [4-6-30].

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.

Review of Information. At each in-person verification, the sex offender

shall review existing information for accuracy.

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

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.

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]

Where Registration Is Required [4-6-31]. A sex offender must initially

the Tribal Court of a covered sex offense regardless of the sex offender's

actual or intended residency.

Timing of Registration [4-6-32].

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:

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,

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

If convicted by the Nez Perce Tribe but not incarcerated, within

three business days of sentencing for the registration offense,

and

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:

That any sex offender incarcerated or sentenced by the Tribe for

a covered sex offense completes their initial registration with the

Tribe;

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;

That the sex offender is registered; and

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]

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.

Reduction of Registration Periods. A sex offender may have their

period of registration reduced as follows:

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.

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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)

Clean Record. For purposes of Paragraph (a) of this section, a

person has a clean record if:

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]

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:

Sex offenders incarcerated or under the supervision of the Tribe,

whether for a covered sex offense or other crime,

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

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]

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

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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.

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:

All jurisdictions where a sex offender intends to reside, work, or attend

school;

Any jurisdiction where the sex offender is either registered or required

to register; and

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]

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.

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.

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.

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.

If an absconded sex offender cannot be located, then the tribal police

shall take the following steps:

TITLE 4

Update the registry/public website to reflect the sex offender has

absconded or is otherwise not capable of being located,

Notify the U.S. Marshals Service,

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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)

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,

Update the NCIC/NSOR to reflect the sex offender’s status as an

absconder, or is otherwise not capable of being located, and

Enter the sex offender into the NCIC Wanted Person File.

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.

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.

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 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.

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

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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)

Website [4-6-36]. The Nez Perce Tribal Police or designee shall use and

maintain a public sex offender registry website.

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.

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.

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.

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].

TITLE 4

The following information shall be made available to the public on the

sex offender registry website:

Notice that an offender is in violation of their registration

requirements or cannot be located if the sex offender has

absconded,

All sex offenses for which the sex offender has been convicted,

The sex offense(s) for which the offender is currently registered,

The address of the sex offender’s employer(s),

The name of the sex offender including all aliases,

A current photograph of the sex offender,

A physical description of the sex offender,

The residential address and, if relevant, a description of a

habitual residence of the sex offender,

All addresses of schools attended by the sex offender, and

The sex offender’s vehicle license plate number along with a

description of the vehicle.

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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)

Prohibited Information. The following information shall not be

available to the public on the sex offender registry website:

Any arrest that did not result in conviction,

The sex offender's social security number,

Any travel and immigration documents,

The identity of the victim, and

Internet identifiers (as defined in 42 U.S.C. § 16911).

Witness Protection. For sex offenders who are under a witness

protection program, the tribal police may honor the request of the

United States Marshals Service or other agency responsible for witness

protection by not including the original identity of the offender on the

publicly accessible sex offender registry website.

Community Notification [4-6-38].

TITLE 4

Enforcement Notification. Whenever a sex offender registers or

updates his or her information with the Tribe, the Nez Perce Tribal

Police or designee shall:

Immediately notify the FBI or other federal agency as

designated by the Attorney General in order that the

information may be updated on NSOR or other relevant

databases,

Immediately notify any agency, department, or program within

the Tribe that is responsible for criminal investigation,

prosecution, child welfare or sex offender supervision functions,

including but not limited to, police, whether BIA, tribal, or FBI,

tribal prosecutors, and tribal probation,

Immediately notify any and all other registration jurisdictions

where the sex offender is registered due to the sex offender’s

residency, school attendance, or employment,

Immediately notify National Child Protection Act agencies,

which includes any agency responsible for conducting

employment related background checks under section 3 of the

National Child Protection Act of 1993, 42 U.S.C. § 5119(a), when

a sex offender registers or updates registration.

Community Notification. The Nez Perce Tribal Police or designee shall

ensure there is an automated community notification process in place

that ensures the following:

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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)

Upon a sex offender’s registration or update of information with

the Tribe, the Tribe's public sex offender registry website is

immediately updated,

The Tribe’s public sex offender registry has a function that

enables the general public to request an email notice that will

notify them when a sex offender commences residence,

employment, or school attendance with the Tribe, within a

specified zip code, or within a certain geographic radius. This

email notice shall include the sex offender’s identity so that the

public can access the public registry for the new information.

Section 4.10.061 Intervention and Treatment

A person who is required to register as a sex offender shall enroll in a

specialized program. A specialized program means the program:

Accepts perpetrators of sex crimes into treatment or educational

classes to satisfy court orders;

Offers assessment and treatment to perpetrators of sex crimes; or

Offers classes or instruction to perpetrators of sex crimes.

CHAPTER 4.15

INCHOATE OFFENSES

Section 4.15.001 Attempt [4-1-34]

It shall be unlawful for any person acting with the kind of culpability

otherwise required for commission of the crime to:

Willfully engage in conduct which would constitute the crime if the

attendant circumstances were as he believes them to be;

Do or omit to do anything with the purpose of causing or with the

belief that it will cause such result without further conduct on his part

when causing a particular result is an element of the crime; or

Willfully do or omit to do anything which, under the circumstances as

he believes them to be, is an act or omission constituting a substantial

step in a course or conduct planned to culminate in his commission of

the crime.

Conduct shall not be held to constitute a substantial step under this section

unless it is strongly corroborative of the actor's criminal purpose.

No defense to the offense of attempt shall arise:

TITLE 4

Because the offense attempted was actually committed;

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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)

Due to factual or legal impossibility of consummating the intended

offense if the offense could have been committed had the facts been as

the actor believed them to be; or

That in attempting unsuccessfully to commit a crime, the person

accused actually accomplished the commission of another and different

crime.

Section 4.15.002 Criminal Conspiracy [4-1-35]

If two (2) or more persons agree to engage in or cause conduct intending that

a crime be committed, and one more of such persons does any act to affect the

object of the conduct each shall be punishable upon conviction as if the crime

had been committed.

Section 4.15.003 Solicitation [4-1-36]

It shall be unlawful for any person to promote or facilitate the commission of

an offense by enticing, advising, inciting, commanding, encouraging or

requesting another person to engage in specific conduct which would

constitute an offense.

It is no defense to a prosecution for criminal solicitation that the person

solicited could not be guilty of the crime proposed due to:

Legal incapacity or other exemption;

Unawareness of the criminal nature of the conduct solicited or the

defendant's criminal purpose;

Other factors precluding the mental state required for the commission

of the crime in question.

CHAPTER 4.20

OFFENSES AGAINST THE PERSON

Section 4.20.001 Simple Assault [4-1-37]

It shall be unlawful for any person:

With apparent ability, to attempt unlawful contact with another; or

To intentionally threaten unlawful contact upon another, coupled with

an apparent ability to do so, and does some act which creates a wellfounded fear in such other person that such contact is imminent.

Simple Assault is a misdemeanor offense, Class C.

Section 4.20.002 Aggravated Assault [4-1-39]

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

TITLE 4

A deadly weapon or instrument without intent to kill;

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As Amended through Resolutions NP 22-212 and NP 22-213 (March 22, 2022)

Resolution NP 24-506 (Sept. 24, 2024)

Any means or force likely to produce great bodily harm; or

Any corrosive acid or a caustic chemical of any kind.

Aggravated Assault is a felony offense, Class F.

Section 4.20.003 Battery [4-1-38]

It shall be unlawful for any person to:

Willfully and unlawfully use force or violence to another;

Actually, intentionally and unlawfully touch or strike another person

against their will; or

Unlawfully and intentionally cause bodily harm to an individual.

Battery is a misdemeanor offense, Class E.

Section 4.20.004 Aggravated Battery [4-1-40]

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

Causes great bodily harm, permanent disability or permanent

disfigurement to any person;

Uses a deadly weapon or instrument;

Uses any corrosive acid, or a caustic chemical of any nature; or

Uses any poison or other noxious or destructive substance or liquid.

Aggravated Battery is a felony offense, Class F.

Section 4.20.005 Stalking [4-1-41]

A person commits the crime of stalking if, without lawful authority:

He or she, either personally or through other parties, intentionally and

repeatedly harasses, follows, or surveils another person;

Which creates a well-founded fear of injury or emotional harm to the

person or another person; or injury to a pet, service animal, emotional

support animal, or horse of that person, or property of the person or

another person. The fear must be one that a reasonable person would

experience under the same circumstances; and

The person performing the conduct either:

TITLE 4

Intends to frighten, intimidate, or harass the recipient of the

conduct; or

Knows or reasonably should know that the recipient of the

conduct is afraid, intimidated, or harassed even if the stalker

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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)

did not intend to place the person in fear or intimidate or harass

the person.

It is not a defense to the crime of stalking:

Under subsection (1)(c)(i) of this section, that the stalker was not given

actual notice that the person did not want the stalker to contact or

follow the person; or

Under subsection (1)(c)(ii) of this section, that the stalker did not

intend to frighten, intimidate, or harass the person.

Intentional and repeated harassment may occur through any technology,

format, or medium that can be used to convey information.

Attempts to contact or follow the person after being given actual notice that

the person does not want to be contacted or followed constitute prima facie

evidence that the stalker intends to intimidate or harass the person.

Stalking is a misdemeanor offense, Class E.

Section 4.20.006 Aggravated Stalking [4-1-42]

The crime of stalking is aggravated when:

The stalker has previously been convicted of any crime of stalking or

other offense containing substantially similar elements, in a tribal,

state, or federal court.

The stalking violates a temporary protection order, an injunction, or

other similar court order, that in effect prohibits the behavior

described above under the offense of stalking against the same party.

The stalker was armed with a dangerous weapon while committing the

act(s) constituting the offense of stalking.

The stalker’s victim is or was a law enforcement officer, judge, juror,

attorney, victim advocate or children’s advocate, NPTEC member,

community corrections officer, probation officer or staff, with the intent

to retaliate for an act the victim performed during the course of official

duties or to influence the performance of official duties; or

The stalker’s victim is a current, former, or prospective witness in an

adjudicative proceeding, and the stalker stalked the victim to retaliate

against the victim as a result of the victim’s testimony or potential

testimony.

Aggravated Stalking is a felony offense, Class F.

Section 4.20.007 Strangulation

TITLE 4

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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)

It shall be unlawful for any person to commit strangulation regardless of

whether that conduct results in any visible injury or whether there is any

intent to kill or protractedly injure the victim.

Strangulation is defined as any person who intentionally, knowingly, or

recklessly impedes the normal breathing or circulation of the blood of a

person by applying pressure to the throat or neck, regardless of whether that

conduct results in any visible injury or whether there is any intent to kill or

protractedly injure to the victim.

Strangulation is a felony offense, Class F.

Section 4.20.008 Suffocation

It shall be unlawful for any person to commit suffocation regardless of

whether that conduct results in any visible injury or whether there is any

intent to kill or protractedly injure the victim.

Suffocation is defined as any person who intentionally, knowingly, or

recklessly impedes the normal breathing of a person regardless of whether

that conduct results in any visible injury or whether there is any intent to kill

or protractedly injure to the victim by:

Placing pressure on the chest of the person,

Covering the mouth of the person,

Covering the nose of the person, or

Any combination of the above actions.

Suffocation is a felony offense, Class F.

Section 4.20.009 Murder [4-1-43]

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

With intent to kill,

With intent to inflict serious bodily harm,

With extreme and reckless disregard for life, or

While in the perpetration, or while attempting to perpetrate another

felony offense.

Murder is a felony offense, Class F.

Section 4.20.010 Manslaughter [4-1-44]

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

Voluntarily, meaning upon a sudden quarrel or heat of passion; or

Involuntarily, meaning

TITLE 4

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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)

In the perpetration of or attempt to perpetrate any unlawful act;

In the commission of a lawful act which might produce death, in

an unlawful manner;

Without due caution or care; or

In the operation of any firearm or dangerous weapon in a

reckless, careless or negligent manner which produces death.

Vehicular, in which the operation of a motor vehicle is a significant

cause contributing to the death because of the commission of an

unlawful act:

If the commission of the unlawful act was done with gross

negligence, vehicular manslaughter shall be a felony offense,

Class F.

The commission of an unlawful act was done without gross

negligence, it shall be a misdemeanor offense, Class E.

Notwithstanding any other provision of law, any evidence of

conviction for violation of this section shall be admissible in any

civil action for damages resulting from the occurrence. A

conviction for violation of this section means that the person has

pled guilty or has been found guilty, notwithstanding the form of

the judgment(s) or withheld judgment(s).

Except as noted in above subsections, Manslaughter is a misdemeanor

offense, Class E.

Section 4.20.011 Kidnapping [4-1-45]

It shall be unlawful for any person to unlawfully seize, confine, entice,

deceive, abduct, or carry away any person for the purpose of holding such

person for ransom, reward or otherwise.

Kidnapping is a felony offense, Class F.

Section 4.20.012 False Imprisonment [4-1-46]

It shall be unlawful for any person to willfully and unlawfully restrain

another so that he substantially interferes with their personal liberty.

False Imprisonment is a misdemeanor offense, Class E.

Section 4.20.013 Human Trafficking

It shall be unlawful for a person to commit the offense of human trafficking

regardless of whether that conduct results in any visible injury or whether

there is any intent to kill or protractedly injure the victim trafficking by

knowingly;

TITLE 4

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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)

Recruiting, soliciting, enticing, transporting, harboring, maintaining or

obtaining a person by any means with the intent to compel the person

by force, fraud, or coercion to engage in labor, services, or commercial

sexual activities;

Recruiting, soliciting, enticing, transporting, harboring, maintaining or

obtaining a person by any means under the age of 18 years of age with

the intent the person will engage in any commercial sexual activity;

Benefiting financially or receiving any tangible value from the labor,

services, or commercial sexual activity of another person compelled by

force, fraud, or coercion; or

Using the labor or services of a person with the prior knowledge that

such labor or services were compelled by force, fraud, or coercion.

Human Trafficking is a felony offense, Class F.

CHAPTER 4.23

SEX-RELATED CRIMES

Section 4.23.001 Definitions Related to Sex Crimes

Sexual Act means:

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;

Contact between the mouth and the penis, the mouth and the vulva, or

the mouth and the anus;

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

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

to abuse, humiliate, harass, degrade, or arouse or gratify the sexual

desire of any person.

Sexual Contact means any intentional touching, either directly or through

the clothing, of the genitals, anus, groin, breast, inner thigh or buttocks of

any person with intent to abuse, humiliate, harass, degrade, arouse or gratify

the sexual desires of another person.

Section 4.23.002 Rape [4-1-48]

It shall be unlawful for any person to engage in sexual intercourse with

another:

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Who is incapable, through mental defect or any other unsoundness of

mind, whether temporary or permanent, of giving legal consent;

Who is prevented from resistance by force or threats of immediate

bodily harm, accompanied by an apparent ability to carry out such

threats or by any intoxicating narcotic, or anesthetic substance

administered by the accused;

Who is at the time, unconscious of the nature of the act and this is

known to the accused; or

Against the will or consent of the other.

Sexual intercourse occurs when any sexual penetration, however slight, takes

place.

Rape is a felony offense, Class F.

Section 4.23.003 Forcible Sexual Penetration with a Foreign Object [4-149]

It shall be unlawful for any person to intentionally cause the penetration,

however slight, of the genitals or anal opening of another person, with any

object, instrument or device, against the victim’s will by use of force, violence,

duress, or threats of bodily harm, accompanied by an apparent power of

execution.

Forcible Sexual Penetration with a Foreign Object is a felony offense, Class

Section 4.23.004 Unlawful Sexual Intercourse [4-1-50]

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

Solicit a minor under the age of sixteen (16) years to participate in a

sexual act; or

Engage in sexual intercourse with a minor under the age of sixteen

(16) years.

Unlawful Sexual Intercourse is a misdemeanor offense, Class E.

Section 4.23.005 Sexual Assault [4-1-51]

It shall be unlawful for any person to have sexual contact with another or

cause such other to have sexual contact with him if:

He knows that the contact is offensive to the other person;

He knows that the other person suffers from a mental disease or defect

which renders him or her incapable of appraising the nature of his or

her conduct;

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He knows that the other person is unaware that a sexual act is being

committed;

He has substantially impaired the other person's power to appraise or

control his or her conduct, by administering or employing without the

other's knowledge drugs, intoxicants or other means; or

The other person is in custody of law or detained in a hospital or other

institution and the actor has supervisory or disciplinary authority over

him.

Sexual Assault is a felony offense, Class F.

Section 4.23.006 Sexual Molestation of a Minor under the Age of 16 [4-1-52]

It shall be unlawful for any person to engage in sexual contact with another

who is under the age of sixteen (16) years; or involve such person in any act of

bestiality, sado-masochistic abuse or exhibition with intent to abuse,

humiliate, harass, degrade, arouse or gratify the sexual desires of any person.

Sexual Molestation of Minor under Sixteen is a felony offense, Class F.

Section 4.23.007 Enticement of a Child [4-1-52(a)]

A person commits the offense of Enticement of a Child if he or she invites or

persuades, or attempts to invite or persuade, a child fifteen (15) years old or

younger or a person the defendant believes to be fifteen (15) years old or

younger to enter any vehicle, building, room, or secluded place with the

intent to commit sexual assault or unlawful sexual contact upon said child. It

is not necessary to a prosecution for attempt under this subsection that the

child has perceived the defendant’s act of enticement.

Enticement of a Child is a felony offense, Class F.

Aggravated. It is a considered Aggravated Enticement of a Child, if the

defendant has a previous conviction for enticement of a child or sexual

assault on a child or for conspiracy to commit or the attempted

commission of either offense, or if the enticement of a child results in

bodily injury to that child.

Aggravated Enticement of a Child is a felony offense, Class F.

Section 4.23.008 Enticement of a Child Through Use of the Internet or

Other Communication Device [4-1-52(b)]

A person commits the offense Enticement of a Child Through Use of the

Internet or Other Communication Device if such person knowingly uses the

internet or any device that provides transmission of messages, signals,

facsimiles, video images or other communication to solicit, seduce, lure,

persuade or entice by words or actions, or both, a person fifteen (15) years old

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or younger, or a person the defendant believes to be fifteen (15) years old or

younger to engage in any sexual act with or against the person where such

act would be a violation of Chapter 4.23 of the Nez Perce Tribe Code, Title 4 –

Criminal Offenses and Infractions.

In a prosecution under this section, it is not necessary for the prosecution to

show that an act described in Chapter 4.23 occurred.

For purposes of determining jurisdiction, the offense is committed on the Nez

Perce Reservation if the transmission that constitutes the offense either

originates on or is received on the Nez Perce Reservation.

Enticement of a Child Through Use of Internet of Other Communication is a

felony offense, Class F.

Aggravated. It is a considered Aggravated Enticement of a Child

Through Use of Internet of Other Communication, if the defendant has

a previous conviction for enticement of a child or sexual assault on a

child or for conspiracy to commit or the attempted commission of either

offense, or if the enticement of a child results in bodily injury to that

child.

Aggravated Enticement of a Child Through Use of Internet of

Other Communication is a felony offense, Class F.

Section 4.23.009 Commercial Sexual Exploitation of a Minor

Any person commits commercial sexual exploitation of a minor by knowingly:

Using, employing, persuading, enticing, inducing, or coercing a minor

to engage in or assist others to engage in sexual conduct for the

purpose of producing any visual or print medium or live act depicting

such conduct.

Using, employing, persuading, enticing, inducing, or coercing a minor

to expose the genitals or anus or the areola or nipple of the female

breast for financial or commercial gain.

Permitting a minor under such person’s custody or control to engage in

or assist others to engage in sexual conduct for the purpose of

producing any visual or print medium or live act depicting such

conduct.

Transporting or financing the transportation of any minor through or

across this Reservation with the intent that such minor engages in

prostitution or sexual conduct for the purpose of producing a visual or

print medium or live act depicting such conduct.

Commercial Sexual Exploitation of a Minor is a felony offense, Class F.

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Section 4.23.010 Sexual Exploitation of a Minor

Any person commits sexual exploitation of a minor by knowingly:

Recording, filming, photographing, developing, or duplicating any

visual or print medium in which minors are engaged in sexual conduct.

Distributing, transporting, exhibiting, receiving, selling, purchasing,

possessing or exchanging any visual or print medium in which minors

are engaged in sexual conduct.

Sexual Exploitation of a Minor is felony offense, Class F.

Section 4.23.011 Voyeurism

Any person commits voyeurism if that person has the intent to capture or

broadcast an image of a private area of an individual without their consent,

and knowingly does so under circumstances in which the individual has a

reasonable expectation of privacy.

In this section:

The term “capture”, with respect to an image, means to videotape,

photograph, film, record by any means, or broadcast;

The term “broadcast” means to electronically or otherwise transmit a

visual image with the intent that it be viewed by a person or persons;

The term “a private area of the individual” means the naked or

undergarment clad genitals, pubic area, buttocks, or female breast of

that individual;

The term “female breast” means any portion of the female breast below

the top of the areola; and

The term “under circumstances in which that individual has a

reasonable expectation of privacy” means:

Circumstances in which reasonable person would believe that he

or she could disrobe in privacy, without being concerned that an

image of a private area of the individual was being captured; or

Circumstances in which a reasonable person would believe that

a private area of the individual would not be visible to the

public, regardless of whether that person is in a public or private

place.

This section does not prohibit any lawful law enforcement,

correctional, or intelligence activity.

Voyeurism is a felony offense, Class F.

Section 4.23.012 Unlawful Distribution of Sexual Images

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It is unlawful for a person to intentionally disclose an image of another

person who is identifiable from the image itself or from information displayed

in connection with the image if all of the following are met:

The person in the image is depicted in a state of nudity or in engaged

in sexual conduct;

The depicted person has a reasonable expectation of privacy, evidence

that a person has shared an image with another person by electronic

communication or other means does not, on its own, remove the

person’s reasonable expectation of privacy for that image; and

The image is disclosed for sexual gratification or with the intent to

annoy, terrify, humiliate, offend, degrade, harm, harass, intimidate,

threaten or coerce the depicted person.

Unlawful Distribution of Sexual Images is a felony offense, Class F.

Section 4.23.013 Indecent Exposure [4-1-53]

It shall be unlawful for any person to expose his genitals for the purpose of

arousing or gratifying his own sexual desire or to any person under

circumstances in which he knows his conduct is likely to cause affront or

alarm.

Indecent Exposure is a misdemeanor offense, Class D.

Section 4.23.014 Reserved

Section 4.23.015 Patronizing a Prostitute

A person commits the crime of patronizing a prostitute if the person pays, or

offers or agrees to pay, a fee to engage in sexual conduct or sexual acts with

another person.

“Fee” means something that has economic value and that is exchanged

in a transaction that is commercial in character.

Patronizing a Prostitute is a misdemeanor offense, Class E.

Section 4.23.016 Promotion of Prostitution [4-1-123]

A person commits the offense of prostitution if he or she knowingly:

Owns, controls, manages, supervises or otherwise maintains a place of

prostitution or a prostitution enterprise; or

Induces, compels or otherwise causes a person to engage in

prostitution or unwillingly remain in a place of prostitution or aid or

assist another in such an act; or

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Receives or agrees to receive a fee in return for prostitution activity,

other than a prostitute being compensated for personally rendered

prostitution services.

Definitions.

“Fee” means something that has economic value and that is exchanged

in a transaction that is commercial in character.

“Place of prostitution” means any place where prostitution is practiced.

“Prostitute” means a person who is promised to engage in or engages in

sexual conduct or sexual contact for a fee, regardless of to whom the fee

is given or owed.

“Prostitution enterprise” means an arrangement whereby two or more

prostitutes are organized to conduct prostitution activities.

Promotion of Prostitution is a felony offense, Class F.

Section 4.23.017 Incest [4-1-86]

It shall be unlawful for any parent and child including step, foster and

adoptive children, lineal ancestor and descendant of any degree, siblings of

the half or whole blood, uncle and niece or nephew, aunt and niece or

nephew, or first cousins to intermarry or to engage in sexual contact or

intercourse.

Minors, incompetents, or non-consenting parties may not be found guilty of

incest.

Incest is a felony offense, Class F.

Section 4.23.018 Reserved

Section 4.23.019 Failure to Register as a Sex Offender or Provide Notice of

Registration Changes [4-1-148]

Any person who is required to register under the provisions of the Nez Perce

Tribe Sex Offender Registration and fails to do so pursuant to the provisions

contained in Chapter 4.10, Part VIII Sex Offender Registration of the Nez

Perce Tribal Code shall be guilty of the offense of failure to register as a sex

offender.

Any person convicted under this section may also be subject to Exclusion and

Removal Chapter pursuant to the Nez Perce Tribal Code.

Failure to Register as a Sex Offender or Provide Notice of Registration

Changes is a misdemeanor offense, Class E.

Section 4.23.020 Hindrance of Sex Offender Registration

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Resolution NP 24-506 (Sept. 24, 2024)

A person is guilty of an offense if they:

Knowingly harbors or knowingly attempts to harbor, or knowingly

assists another person in harboring or attempting to harbor a sex

offender who is in violation of the Nez Perce Tribal Sex Offender

Registration;

Knowingly assists a sex offender in eluding a law enforcement agency

that is seeking to find the sex offender to question the sex offender

about, or to arrest the sex offender for, noncompliance with the

requirements of the Nez Perce Tribal Sex Offender Registration; or

Provides information to law enforcement agency regarding a sex

offender which the person knows to be false.

Hindrance of Sex Offender Registration is a misdemeanor offense, Class E.

Section 4.23.021 Safety Zone Trespass by Sex Offender

A person commits the offense of trespass in a safety zone when they fail to

adhere to the requirements of Chapter 4.10, Part VIII Sex Offender

Registration.

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.

See Chapter 4.10, Part VIII Sex Offender Registration.

The first three violations of this section are a misdemeanor offense, Class D.

Any fourth and all subsequent violations are misdemeanor offenses, Class E.

CHAPTER 4.25

OFFENSES AGAINST THE FAMILY

Section 4.25.001 Reserved

Section 4.25.002 Bigamy [4-1-85]

It shall be unlawful for any person if, knowing that he or she has a husband

or wife or knowing the other person has a husband or wife, he purports to

marry such other person.

It shall be a defense to bigamy if the defendant proves by a preponderance of

the evidence that he reasonably believed he and the other person were

eligible to marry.

Bigamy is a misdemeanor offense, Class D.

Section 4.25.003 Criminal Nonsupport [4-1-87]

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It shall be unlawful for any person:

Who is the parent, guardian or legal guardian of any minor dependent

upon him or her for care, education or support, to desert such child

with intent to abandon him or her;

To willfully omit, without lawful excuse, to furnish necessary food,

clothing, shelter, or medical attendance for his child, ward or spouse.

The practice of a parent or guardian who chooses for his child or ward

treatment by prayer or spiritual means alone shall not for that reason

alone be construed to be a violation of duty of care to such child or

ward.

Proof of the desertion of a spouse, child or children in destitute or

necessitous circumstances or of neglect to furnish such spouse, child, or

children necessary and proper food, clothing or shelter is prima facie

evidence that such desertion or neglect is willful.

Criminal Nonsupport is a misdemeanor offense, Class D.

Section 4.25.004 Child Custodial Interference [4-1-47]

It shall be unlawful for any person to intentionally and without lawful

authority take or entice away, keep or withhold any minor child from a

parent or another having custody, joint custody, visitation or other parental

rights, whether such rights arise from a temporary or permanent custody

order, or from the equal custodial rights of each parent in the absence of such

order:

It shall be an affirmative defense to a violation of the provisions of this

section that:

The action is taken to protect the child from imminent physical harm;

The action is taken by a parent fleeing from imminent physical harm

to himself.

Child Custodial Interference is a misdemeanor offense, Class D.

Section 4.25.005 Child Abuse [4-1-90]

It shall be unlawful for any person:

To willfully cause or permit any child to suffer or inflict thereon

unjustifiable physical pain or mental suffering;

Having the care or custody of any child, to willfully cause or permit the

person or health of such child to be injured;

To willfully cause or permit any child to be placed in such situation

that his person or health is seriously endangered.

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Resolution NP 24-506 (Sept. 24, 2024)

The practice of a parent or guardian who chooses for his child

treatment solely by prayer or spiritual means shall not for that

reason alone be construed to have violated the duty of care to

such child.

To knowingly, recklessly, or intentionally cause or permit a child to be

exposed to, illegal alcohol use, or to intentionally cause or permit a

child to ingest or inhale, or have contact with any controlled substance

including, but not limited to, marijuana, barbiturates, amphetamines,

hallucinogens, opiates, methamphetamines, cocaine, and other

substances as defined in the Controlled Substances Act, 21 U.S.C. §

812(c). This section shall not preclude:

The possession, purchase, consumption, obtaining, ingestion,

distribution or sale of peyote for bona fide Native American

religious ceremonies; or

Any controlled substances provided by lawful prescription for

the child and administered to the child in accordance with the

prescription instructions provided with the controlled substance.

To commit a crime involving domestic violence in the presence of a

child. [7-2-3]

For purposes of this offense, “in the presence of a child” shall

mean in the physical presence of a child or knowing that a child

is present and may see or hear an act of domestic violence.

Child Abuse without “Great Bodily Harm” is a misdemeanor offense, Class E.

Child Abuse with “Great Bodily Harm” is a felony offense, Class F.

Section 4.25.006 Endangering the Welfare of a Minor Under the Age of 18

[4-1-91]

It shall be unlawful for any person to knowingly:

Induce, cause or permit an unmarried person under eighteen (18)

years of age to witness a sexual act;

Permit a person under eighteen (18) years of age to enter or remain in

a place where unlawful narcotic or illicit drug activity is maintained or

conducted;

Induce, cause or permit a person under eighteen (18) years of age to

participate in gambling other than a social game;

Sell, cause to be sold or provide narcotics in any form to a person under

eighteen (18) years of age; or

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Sell, cause to be sold or provide tobacco or alcohol in any form to a

person under twenty-one (21) years of age;

To commit a crime involving domestic violence in the presence of a

child. For the purpose of this subsection, “in the presence of a child”

shall mean in the physical presence of a child or knowing that a child

is present and may see or hear an act of domestic violence.

Otherwise threaten serious harm to the physical, emotional or mental

wellbeing of the minor.

For the purposes of this section, traditional Indian games including, but not

limited to, “Stick Games” shall be considered social games.

Endangering the Welfare of a Minor is a misdemeanor offense, Class D.

Section 4.25.007 Contributing to the Delinquency of a Minor [4-1-92]

It shall be unlawful for any person by any act or omission to willfully aid,

encourage or cause or attempt to aid, encourage or cause any child to:

Become or remain delinquent;

Do or perform any act or follow any course of conduct which would

cause or manifestly tend to cause such child to become or remain

delinquent; or

Cause a child to become or remain a runaway.

Contributing to the Delinquency of a Minor is a misdemeanor offense, Class

Section 4.25.008 Abuse of Vulnerable Adults [4-1-89]

It shall be unlawful for any person:

To willfully or negligently inflict physical or mental pain or injury on a

vulnerable adult;

To willfully or negligently misuse the funds, property or resources of a

vulnerable adult for profit or advant

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