# Walker River Paiute Tribe > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Awalker_river_paiute%3A546de8cb3a6c4a44 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Walker River Paiute Tribe 1022 Hospital Road * P.O. Box 220 * Schurz, Nevada 89427 Telephone: (775) 773-2306 Fax: (775) 773-2585 RESOLUTION OF THE GOVERNING BODY OF THE WALKER RIVER PAIUTE TRIBE RESOLUTION NO. WR-65-2021 BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE TRIBE THAT: WHEREAS, the governing body of the Walker River Paiute Tribe (“Tribe”) is organized under the provisions of the Indian Reorganization Act of June, 1934, as amended, to exercise certain rights of home rule and to be responsible for the promotion of the economic and social welfare of its members, and WHEREAS, the Tribe’s Constitution and By-Laws create the foundation for the governance of the Tribe and the framework for all Tribal operations and authorizes the Walker River Paiute Tribal Council to act on behalf of the Walker River Paiute Tribe and to promulgate ordinances for the purpose of safeguarding the peace and safety of residents of the Reservation, and WHEREAS, pursuant to this power, the Tribal Council has created a Law & Order Code and other laws and ordinances to govern the conduct of people within the Tribe’s jurisdiction, and WHEREAS, the Tribal Council has recognized the importance of reviewing and updating the Law and Order Code to ensure the Code meets the Tribe’s needs and best serves to protect the interests of the Tribe, its members and persons living, visiting and working on Tribal lands, and WHEREAS, to meet this goal, the Tribal Council drafted a new Title 5 of the Law and Order Code titled “Code of Criminal Offenses”, and WHEREAS, the new proposed Title 5 was posted for at least thirty days to allow for public comment, the Tribal Council considered the comments and is now prepared to take action to approve Title 5, and NOW THEREFORE BE IT RESOLVED, by the Walker River Tribal Council, the governing body of the Walker River Paiute Tribe, hereby adopts, approves and promulgates the attached version of Title 5 titled “Code of Criminal Offenses” of the Tribe’s Law and Order Code, which shall go into effect upon approval of the Bureau of Indian Affairs, and which shall supersede and replace any and all prior versions of Title 5, and BE IT FURTHER RESOLVED, that the Walker River Tribal Council hereby directs that the Tribal Court make Title 5 of the Law and Order Code available to those Tribal members and attorneys/advocates who request a copy. The expense for each copy will be at the cost of the requester, and BE IT FURTHER RESOLVED, that the Tribal Chairwoman or her designee is hereby authorized to effectuate any and all administrative actions necessary for the implementation of this resolution and the approved Title 5 of the Law and Order Code, and BE IT FINALLY RESOLVED, that nothing in this resolution shall be construed as a waiver of the sovereign immunity of the Tribe. CERTIFICATION It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council of the Walker River Paiute Tribe composed of seven members of whom 6, constituting a quorum were present at a Tribal Council meeting held on the 10" day of June, 2021 adopted the foregoing resolution by the affirmative vote of 5-FOR, 0-AGAINST, and 0-ABSTENTIONS; pursuant to the authority contained in the Constitution and By-Laws of the Walker River Paiute Tribe of Nevada. Gina L. Wachsmuth, Tribal Council Secretary WALKER RIVER PAIUTE TRIBE Walker River Paiute Tribe Tribal Court Title 5 Code Of Criminal Offenses Title 5 Approved by Walker River Tribal Council on June 10, 2021 Resolution No.: WR-65-2021 Effective: (y\ \ st Office Box 2 Schurz. NV $9427 * Telephone 773-2232 © | (775) LAW AND ORDER CODE TITLE 5 - CODE OF CRIMINAL OFFENSES Table of Contents 5-10 GENERAL PROVISIONS — 5-10-010 Name and Citation 5-10-020 Effective Date 5-10-030 Exclusiveness of Offense 5-10-040 Included Offenses 5-10-050 Civil Liability Unaffected 5-10-060 Severability 5-20 PRINCIPLES OF CRIMINAL RESPONSIBILITY ~ 5-20-010 Acts and Omissions to Perform an Act 5-20-020 Required Mental State §-20-030 Definitions of Required Mental State 5-20-040 Causal Relationship Between Conduct and Result 5-20-050 Ignorance or Mistake 5-20-060 Liability for Conduct of Another 5-20-070 Accomplice Liability 5-20-080 Corporations and Unincorporated Associations 5-30 DEFENSES -— 5-30-010 Intoxication 5-30-020 Duress 5-30-030 Consent 5-30-040 Entrapment 5-30-050 Mental Disease or Defect 5-30-060 Affirmative Defenses 5-30-070 Justification 5-30-080 Force in Defense of a Person §-30-090 Force in Arrest 5-30-100 Deadly Force by Law Enforcement Officer 5-30-110 Force in Defense on One’s Dwelling 5-30-120 Force in Defense of Property 5-30-130 Negating Defenses 5-30-140 Actions by Good Samaritan for Drug Overdose 5-40 INCHOATE OFFENSES — 5-40-010 Attempt 5-40-020 Criminal Conspiracy 540-030 Solicitation LAW AND ORDER CODE Title 5 — Code of Criminal Offenses COC SC pwmronwmmn yy VY anaaaan *P fo} Page 2 of 55 C 5-50 OFFENSES AGAINST THE PERSON — A. Assault and Related Offenses 5-50-010 Aggravated Assault 5-50-020 Simple Assault 5-50-030 Criminal Negligence 5-50-040 Intimidation B. Criminal Homicide and Related Offenses 5-50-050 Criminal Homicide 5-50-060 Vehicular Homicide Cc. Unlawful Restraint and Related Offenses 5-50-070 Unlawful Restraint 5-50-080 Custodial Interference D. Sexual Offenses 5-50-090 Aggravated Sexual Assault 5-50-100 Statutory Rape 5-50-110 Sexual Abuse 5-50-120 Indecent Exposure 5-50-130 Lewdness with Child 5-50-140 Sexual Exploitation of a Child 5-50-150 Pandering and Sex Trafficking: Definitions; Penalties 5-60 OFFENSES AGAINST THE FAMILY — 5-60-010 Incest 5-60-020 Domestic Abuse 5-60-030 Domestic Abuse - Probable Cause for Arrest 5-60-040 Criminal Child Abuse 5-60-050 Criminal Child Neglect 5-60-060 Criminal Non-Support 5-60-070 Child Endangerment 5-60-080 Failure to Report Child Abuse or Neglect 5-60-090 Criminal Elder and Vulnerable Adult Abuse 5-60-100 Failure to Report Elder or Vulnerable Adult Abuse or Neglect $-60-110 Unlawful Contact with Child or Person with Mental Ilness 5-70 OFFENSES AGAINST PROPERTY — A. Property Destruction §-70-010 Arson 5-70-020 Reckless Burning 5-70-030 Criminal Mischief B. Burglary and Related Offenses 5-70-040 Burglary 5-70-050 Trespass LAW AND ORDER CODE Title 5 — Code of Criminal Offenses 14 14 14 14 15 15 15 15 15 16 16 16 17 17 17 18 18 18 18 19 20 20 20 21 21 21 21 22 22 23 24 25 26 26 26 26 26 27 27 27 Page 3 of 55 5-70-060 Robbery 27 5-70-070 Theft 27 5-70-080 Buying or Receiving Stolen Goods 28 Cc. Forgery and Fraudulent Practices 28 5-70-090 Forgery 28 5-70-100 Criminal Simulation 29 5-70-110 Tampering with Records or Other Documents 29 5-70-120 Issuing Bad Checks 29 3-70-130 Fraudulent Use of Credit Cards 30 5-70-140 Deceptive Business Practices 31 5-70-150 Rigging a Contest 31 5-70-160 Defrauding Creditors 31 5-70-170 Unlawful Dealing with Property by a Fiduciary 32 5-70-180 Making a False Credit Report 32 5-70-190 Identity Theft 32 5-70-200 Restitution 33 5-80 OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT — 33 A. Bribery in Official Influence 33 5-80-010 Bribery in Official Matter 33 5-80-020 Improper Influence in Official Matter 34 5-80-030 Compensation for Past Official Behavior 34 5-80-040 Improper Gifts to Public Servants 34 B. Abuse of Office 35 5-80-050 Official Misconduct 35 5-80-060 Unofficial Misconduct 36 5-80-070 Special Influences 36 c. Falsification of Official Matter 36 5-80-080 Perjury 36 5-80-090 Making False Reports ; 37 D. Obstructing Governmental Operations 37 5-80-100 Interfering with Judicial Process 37 5-80-110 Interfering with the Governmental Process 37 5-80-120 Interfering with Law Enforcement Procedures 38 5-80-130 Refusing to Aid a Law Enforcement Officer 38 5-80-140 Escape 38 5-80-150 Bail Jumping 39 5-80-160 Doing Business Without a License 39 5-80-170 Tampering or Destroying Public Property 39 5-80-180 Failure to Obey Lawful Order of the Court 39 5-90 OFFENSES AGAINST PUBLIC ORDER, DECENCY, & HEALTH AND SAFETY — 40 A. Breaches of the Peace and Related Offenses 40 TL.AW AND ORDER CODE Title 5 —- Code of Criminal Offenses Pare 4 of 55 5-90-010 Disorderly Conduct 40 5-90-020 Disturbing the Peace 40 5-90-030 Loitering at a Public Places Where Children Congregate 40 5-90-040 Making a False Report 41 5-90-050 Harassment 4) 5-90-0606 Stalking 41 5-90-070 Misuse of Communications Device 43 5-90-080 Desecration 44 5-90-090 Cruelty to Animals 44 5-90-100 Violation of Privacy 44 5-90-110 Criminal Defamation 45 5-90-120 Criminal Nuisance 45 5-90-130 Intoxication 45 5-90-140 Protective Custody 46 5-90-150 Possession of an Alcoholic Beverage by Person Under 21 47 5-90-160 Contributing to the Delinquency of a Minor 47 5-90-170 Abandoned Iceboxes, Refrigerators and Other Containers 47 5-90-180 Littering 47 5-90-190 Unlawful Burning of Waste 48 5-90-200 Dangerous Discharge of Fireworks 48 5-90-210 Unlawful Fishing or Hunting 48 5-90-220 Failure to Comply with Tribal Directives During Emergencies 49 B. Dangerous Weapons, Firearms and Related Offenses 49 5-90-230 Definitions 49 5-90-240 Weapons Offenses 49 5-90-250 Aggravated Weapons Offenses 51 5-90-260 Confiscation and Forfeiture of Weapons 51 Cc. Drug and Related Offenses 51 5-90-270 Possession of Controlled Substances 51 §-90-280 Abuse of Psychotoxic Chemical Solvents 52 5-90-290 Drug Parapheralia — Defined 53 5-90-300 Unlawful Delivery, Sale, Possession, Manufacture of Drug Paraphemalia 53 5-90-310 Unlawful Use of Possession of Drug Paraphernalia 53 $-90-320 Property Subject to Forfeiture 53 §-90-330 Concurrent Jurisdiction with Federal Court 54 LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 5 of 55 5-10 LAW AND ORDER CODE TITLE 5 CODE OF CRIMINAL OFFENSES GENERAL PROVISIONS -— 5-10-010 5-10-020 5-10-030 5-10-040 5-10-050 5-10-060 Name and Citation — This title shall be known and cited as the “Walker River Paiute Tribe Code of Criminal Offenses,” and references in this title to “Code” shall refer to this Code unless another is clearly indicated. Effective Date — The effective date shall be the date on which this Code is approved by the Bureau of Indian Affairs. This Code shall apply to all offenses as defined herein occurring on or after the effective date. If all or any part of any offense was committed prior to the effective date, the offense shall be governed by the prior existing law except that defenses enumerated herein shall apply to all offenses tried after the effective date. Exclusiveness of Offense — No conduct constitutes a Tribal criminal offense unless so declared by this Code, or by any other provision of this Law and Order Code, or by any other Tribal resolution, or ordinance, or by federal law. Included Offenses — A defendant may be convicted of a lesser offense necessarily included in an offense charged in the complaint or of an attempt to commit either the offense charged, or an offense necessarily included therein if the attempt is an offense. A lesser offense is so included when: (a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (b) It consists of an attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or (c) It differs from the offense charged 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. Civil Liability Unaffected — This Code does not change, suspend or otherwise affect any civil or other liability, other than criminal liability as defined herein, which would otherwise arise from any conduct defined herein. Severability — If any provision of this Code or the application of any provision of this Code to any LAW AND ORDER CODE Title 5 - Code of Criminal Offenses Page 6 of 55 5-20 person or circumstance is held invalid, the remainder of this Code shall not be affected thereby. PRINCIPLES OF CRIMINAL RESPONSIBILITY — 5-20-010 5-20-020 5-20-030 Acts and Omissions to Perform an Act ~ (a) (b) ©) A person is guilty of an offense when the person’s guilt is based on conduct that includes a voluntary act, or the omission to perform an act of which he or she is physically capable. A reflex or convulsion, a bodily movement during unconsciousness or sleep, conduct during a scientifically supportable condition of hypnosis, or a bodily movement that is otherwise not the product of the effort or determination of the actor are not voluntary acts within the meaning of this Section. Guilt may not be based on an omission to act unless a duty to perform the omitted act is specifically imposed by this Code. Required Mental State — (a) (b) A person is guilty of an offense when the person’s act was made intentionally, knowingly, recklessly, or negligently, as the law may require, with respect to each element of the offense, or unless the person’s acts constitute an offense involving strict liability. When the law provides that negligence suffices to establish an element of an offense, such element is also established if a person acts intentionally or recklessly. When recklessness suffices to establish an element, such element is also established if a person acts intentionally. Definitions of Required Mental State — (a) (b) (c) (d) Intentionally — A person acts intentionally with respect to an element of an offense if it is a person’s conscious object to act as he is acting, or if a person is aware that a particular result will or may be caused by his conduct. Knowingly (or knowing) — A person acts knowingly with respect to an element of an offense when the person is aware of his conduct or that the circumstances exist. A person acts knowingly with respect to the result of conduct described in this Code when the person is aware that it is highly probable that such result will be caused by his conduct. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence. Recklessly - A person acts recklessly with respect to an element of an offense when the person consciously disregards a substantial and unjustifiable risk that a particular result will be caused by his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, his disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation. Negligently - A person acts negligently with respect to an element of an LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 7 of 55 offense when a person should be aware of a substantial and unjustifiable risk that a particular result will be caused by his conduct. (e) Strict Liability - Strict liability means that no particular mental state is required in the definition of the offense; commission of the act alone is sufficient. 5-20-040 Causal Relationship Between Conduct and Result — (a) Conduct is the cause of a result if: (1) Without the conduct the result would not have occurred; and, (2) any additional causal requirements imposed by this Code or the definition of the offense. (b) When a particular mental state is specified in conjunction with an element of an offense, proof of that element is not avoided because the actual result differs from that contemplated only in the respect that a different person or different property is affected or that the injury or harm caused is less than contemplated, or that the result involves the same kind of harm or injury as contemplated but the precise harm or injury was different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense. 5-20-050 Ignorance or Mistake — (a) Ignorance or mistake as to a matter of fact is a defense only if the ignorance or mistake negates a specific mental state required to establish the offense, or if it is specifically provided that ignorance or mistake is a defense. (b) A belief that conduct does not legally constitute an offense is a defense only when the law defining the offense has not been published or reasonably made available prior to the actor's conduct. 5-20-060 Liability for Conduct of Another — A person is guilty of an offense if the offense is committed by another person for whom he is legally responsible. A person is legally responsible for another if he causes an innocent or irresponsible person to engage in conduct, or if he is an accomplice of such other person in the commission of the offense. 5-20-070 Accomplice Liability — (a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the offense, a person: (1) Solicits such other person to commit it; (2) Aids or agrees or attempts to aid such other person in planning or committing it; or (3) Having a duty imposed by this Code to prevent the commission of the offense, the person fails to make a proper effort to do so. LAW AND ORDER CODE Title 5 ~ Code of Criminal Offenses Page 8 of 55 5-20-080 5-30 (b) A person who is legally incapable of committing a particular offense himself may be guilty as an accomplice unless such liability is inconsistent with the purpose of the law under which the person is charged. (c) A person is not an accomplice in an offense if the person terminates participation prior to the commission of the offense wholly depriving it of effectiveness, or gives timely warning to the police, or otherwise makes a proper effort to prevent the commission of the offense. In each instance however, the person must provide corroborating testimony and evidence in any prosecution of the other person for an offense under this Code. (d) An accomplice may be convicted on proof of the commission of an offense and of the accomplice's participation, even though the person who is claimed to have committed the offense has not been prosecuted for, or convicted of, the same or any other offense. Corporations and Unincorporated Associations — A person is legally responsible for any conduct the person performs or causes to be performed in the name of a corporation or unincorporated association or on its behalf, to the same extent as if it were performed in the person's own name or behalf. If a duty to act is imposed by law upon a corporation or unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally responsible for a negligent omission to perform the required act, to the same extent as if the duty was imposed by law directly upon the agent. DEFENSES — 5-30-010 5-30-020 5-30-030 Intoxication — Intoxication is a defense only when it negates the mental state required for an element of an offense charged. When recklessness is an element of the offense, unawareness of a risk is not a defense when the unawareness is due to self-induced intoxication. Duress — It is a defense that the actor engaged in conduct charged to constitute an offense because the actor was coerced to do so by the use of, or threat to use, unlawful force against that person or another person, which a law-abiding person of reasonable firmness would have been unable to resist. It is no defense that a woman acted on a command of her husband, or a man on command of his wife, unless the circumstances amount to duress as defined above. The defense of duress is unavailable where the conduct constitutes a Class A offense involving bodily harm or the attempt of a Class A offense involving bodily harm. Consent — It is a defense: that the victim consented to the offense charged, or to the result thereof, if the consent negates an element of the offense. However, consent is not a defense if the offense charged is a Class A offense involving bodily harm or the LAW AND ORDER CODE Title 5 - Code of Criminal Offenses Page 9 of 55 5-30-040 5-30-050 5-30-060 attempt of a Class A offense involving bodily harm. Assent does not constitute consent if it is given by a person who, by reason of youth, mental disease or defect, or intoxication, is unable to make a reasonable judgment as to the nature or the harmfulness of the conduct charged to constitute the offense, nor if the assent is induced by force, duress or deception. Entrapment — (a) A person is not guilty of an offense if a law enforcement officer induces, incites or encourages the person to engage in conduct constituting an offense for the purpose of obtaining evidence for the prosecution of that person. Entrapment is not available as a defense when the offense involved is a Class A offense involving bodily injury to a person other than the officer perpetrating the entrapment. (b) Except as provided in (a) above, a person prosecuted for an offense shall be acquitted if the person proves by a preponderance of the evidence that his conduct occurred in response to an entrapment. The issue of entrapment shall be tried to and decided by the Court and not by a jury. Mental Disease or Defect — (a) In any prosecution for an offense, it shall be a defense that the defendant, at the time of the conduct upon which the prosecution is based, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of the law. (b) As used in this Section, the terms "mental disease” or "defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (c) The defense afforded by this Section shall not be available unless notice of intent to rely on such defense is given at least two weeks before trial. By giving such notice, the defendant will be deemed to have consented to be examined for the prosecution by not more than two professional medical or other experts for the purpose of ascertaining the state of the defendant's mental health. (d) No person who, as a result of mental disease or defect, lacks the capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures. Affirmative Defenses — The defenses set forth in Sections 5-30-010 through 5-30-050 are affirmative defenses and shall be raised by motion at least twenty (20) days before the scheduled trial. The Tribe shall have ten (10) days to respond. The Court shall hold a hearing on any such motion at least seven (7) days prior to trial. The Court may at its discretion provide a different schedule for such motions. LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 10 of 55 5-30-070 5-30-080 5-30-090 5-30-100 5-30-110 Justification — Justification is a defense when the defendant's conduct is reasonable and in fulfillment of his duties as a tribal officer or employee, is reasonable discipline of a minor by a parent, guardian, teacher, or other person in the position of a parent, or is reasonable discipline of persons in custody under this Code, or is necessary to prevent the commission of an offense under this Code. Force in Defense of a Person — (a) A person is justified in threatening or using force against another person when and to the extent that the person reasonably believes force is necessary to defend himself or a third person against another person's immediate use of unlawful force. However, a person is justified in using force which is intended or likely to cause death or serious bodily injury only if the person reasonably believes that such force is necessary to prevent death or serious bodily injury to himself or a third person. (b) A person is not justified in using force under this Section if the person was the aggressor or was engaged in combat by consent unless the person has withdrawn from the encounter and effectively communicated his withdrawal to the other person. (c) Aperson is not justified is using force under this Section if the person initially provoked the use of force upon himself with the intent to use such force as an excuse to inflict harm on another, or if the person is attempting to commit, committing, or fleeing after the commission of an offense. (d) "Serious bodily injury” as used in this Code means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function or process of any bodily member or organ. It includes serious mental illness or impairment. Force in Arrest — (a) Any person is justified in using force, except force likely to cause death or serious bodily injury, to effect an arrest or to defend himself or another from bodily harm while making an arrest. (b) "Bodily injury" as used in this Code means physical pain, illness, or any impairment of physical condition and includes mental illness or impairment. Deadly Force by Law Enforcement Officer — A law enforcement officer is justified in using deadly force when the officer is in the performance of his legal duty or the execution of legal process and reasonably believes the use of deadly force is necessary to prevent death or serious bodily injury to the officer or a third person. Force in Defense of One's Dwelling — A person is justified in using force against another person when and to the extent necessary to prevent or terminate the other person's entry into or attack upon his dwelling. A person may use force likely to cause death or serious bodily injury LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 11 of 55 5-30-120 5-30-130 5-30-140 only if it appears that the force is necessary as defined in Section 5-30-080(a) of this Code. Force in Defense of Property — A person is justified in using force, other than deadly force, to the extent the person reasonably believes such force is necessary to prevent or terminate criminal interference with real or personal property lawfully in his possession or in the possession of his immediate family, or belonging to a person whose property he has a legal duty to protect. Negating Defenses — The prosecution need not negate any defense either in the complaint or by proof unless the defense is in issue as a result of evidence presented at trial by either side, or unless the defense is an affirmative defense, and the defendant has presented evidence of such. Actions by Good Samaritan for Drug Overdose — (a) The following definitions shall apply to this Section: (1) = “Health care professional” means a physician, a physician assistant or an advanced practice registered nurse. (2) “Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors. The term includes, without limitation, naloxone hydrochloride. (3) “Opioid-related drug overdose” means a condition including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or that an ordinary layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance. (b) Notwithstanding any other provision of law, a health care professional otherwise authorized to prescribe an opioid antagonist may, directly or by standing order, prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend or other person in a position to assist a person at risk of experiencing an opioid-related drug overdose. Any such prescription must be regarded as being issued for a legitimate medical purpose in the usua] course of professional practice. (c) A person who, acting in good faith and with reasonable care, prescribes or dispenses an opioid antagonist pursuant to Subsection (b), is not subject to any criminal or civil liability or any professional disciplinary action for: (1) ‘Such prescribing or dispensing; or LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 12 of 55 ‘a (dy .) 03) (2) Any outcomes that result from the eventual administration of the opioid antagonist. Notwithstanding any other provision of law: (1) Any person, including, without limitation, a law enforcement officer, acting in good faith, may possess and administer an opioid antagonist to another person whom he or she reasonably believes to be experiencing an opioid-related drug overdose. (2) A properly trained emergency medical technician, advanced emergency medical technician or paramedic is authorized to administer an opioid antagonist as clinically indicated. A person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be experiencing an opioid-related drug overdose is immune from criminal prosecution, sanction under any professional licensing statute and civil liability for such act. The provisions of this section do not create any duty to prescribe or dispense an opioid antagonist. A person who declines to prescribe or dispense an opioid antagonist is not subject to any criminal or civil liability or any professional discipline for any reason relating to declining to prescribe or dispense the opioid antagonist. 5-40 INCHOATE OFFENSES -— 5-40-010 Attempt — (a) A person is guilty of an attempt to commit an offense if, acting with the mental state required for the commission of the offense, the person engages in conduct constituting a substantial step towards commission of the offense. (b) It is not a defense to the offense of attempt that the consummation of the offense was impossible, as long as the offense could have been committed had the circumstances been as the actor believed them to be. (c) Attempt is a Class A offense if the attempted offense was a Class A offense, a Class B offense if the attempted offense was a Class B offense, a Class C offense if the attempted offense was a Class C offense, and is not an offense if the attempted offense was a Class D or E offense. 5-40-020 Criminal Conspiracy — (a) (b) A person is guilty of conspiracy if the person agrees with one or more other persons to engage in conduct constituting an offense, and any one of them commits an overt act toward the commission of the agreed offense. Conspiracy to commit a Class A offense is a Class A offense, conspiracy to commit a Class B offense is a Class B offense, conspiracy to commit a Class C offense is a Class C offense, and conspiracy to commit a Class D or E LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 13 of 55 5-40-030 5-50 offense is not an offense. (c) It is a defense to a prosecution for conspiracy if the actor shows by a preponderance of the evidence that the actor withdraws from the conspiracy in accordance with the conditions set forth in Section 5-20-070(c) of this Code. Solicitation — (a) A person is guilty of solicitation when the person, intending that another person commit an offense, entices, advises, incites, orders, pays or otherwise encourages such other person to commit an offense. (b) Solicitation to commit a Class A offense is a Class A offense, solicitation to commit a Class B offense is a Class B offense, solicitation to commit a Class C offense is a Class C offense. Solicitation to commit a Class D or E offense is not an offense. OFFENSES AGAINST THE PERSON — A. Assault and Related Offenses - 5-50-010 5-50-020 Aggravated Assault — (a) A person is guilty of aggravated assault if the person: (1) Intentionally or recklessly causes serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life; (2) Intentionally or recklessly causes the reasonable apprehension of bodily injury by use of a deadly weapon; or (3) Permanently disfigures or renders useless a part of the victim's body. (b) Aggravated assault is a Class A offense. (c) No suspension of sentence, probation or parole shall be granted, and the maximum fine and incarceration for a Class A offense shall be imposed for an aggravated assault on a law enforcement officer in the performance of the officer's duties or committed upon an officer as a result of or in retribution for the performance of the officer's duties. Simple Assault — (a) A person is guilty of simple assault if the person intentionally or recklessly causes bodily injury to another. . (b) Simple assault is a Class B offense, unless committed in a fight entered into by mutual consent, in which case, it is a Class D offense. (c) No suspension of sentence, probation or parole shall be granted, and the maximum fine and incarceration for a Class B offense shall be imposed for a simple assault on a law enforcement officer in the performance of the officer's duties or committed upon an officer as a result of or in retribution for the LAW AND ORDER CODE Title 5 ~ Code of Criminal Offenses Page 14 of 55 VV 5-50-030 5-50-040 performance of the officer's duties. Criminal Negligence — (a) (b) A person is guilty of criminal negligence if the person negligently causes bodily harm to another human being. Criminal negligence is a Class C offense. Intimidation — (a) (b) (c) A person is guilty of intimidation if, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances which reasonably tend to produce fear that it will be carried out, a threat to perform without lawful authority any of the following acts: (1) Inflict physical harm on the person threatened or any other person; (2) Subject any person to physical confinement or restraint; or (3) Any Class A or B offense. A person is guilty of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property. Intimidation is punishable as the same class offense as the underlying offense threatened. B. Criminal Homicide and Related Offenses — 5-50-050 5-50-060 Criminal Homicide — (a) A person is guilty of criminal homicide if the person intentionally, recklessly, or negligently causes the death of another human being. (b) Criminal homicide is a Class A offense. (c) If the offense is found to have been committed intentionally, no suspension of sentence, probation or parole shall be granted, and the maximum fine and incarceration shall be imposed. (d) If the offense occurred while the defendant was under the influence of alcohol or drugs as defined in Title 7 of the Law and Order Code, no suspension of sentence, probation or parole shall be granted, and the maximum fine and incarceration shall be imposed. Vehicular Assault — (a) A person is guilty of vehicular assault if the person causes bodily injury to another while the person operates a vehicle in a reckless or negligent manner. (b) A person is presumed to have operated a vehicle in a reckless manner if, at the time of the offense, the person was under the influence of alcohol or drugs as defined in Title 7 of the Law and Order Code. LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 15 of 55 () (d) (e) Any chemical test administered on a defendant with his consent, or after his arrest whether with or against his consent, shall be admissible in accordance with the rules of evidence. Notice of the intent of the prosecution to rely on the results of any chemical test administered on the defendant shall be sent to the defendant at least twenty (20) days prior to trial. The defendant shall have ten (10) days in which to notify the Court, in writing, of the defendant's objection to the use of the results of a chemical test. For purposes of this Section, a motor vehicle is any self-propelled vehicle and includes, but is not limited to, any automobile, truck, van, motorcycle, train, engine, watercraft, aircraft or snowmobile. Vehicular assault is a Class A offense. [on Unlawful Restraint and Related Offenses — Unlawful Restraint — 5-50-070 5-50-080 (a) (b) A person is guilty of unlawful restraint if the person intentionally: (1) Restrains another person so as to interfere with that person's liberty; or (2) Without consent, removes another person from his place or residence or business, or a place where he would otherwise be found. Unlawful restraint is a Class A offense if it is done to hold another for ransom or reward, to use another as a shield or hostage, to facilitate commission of any offense or flight thereafter, to interfere with the performance of any tribal governmental or political function, if the restraint causes serious bodily harm to the victim, or if the restraint exposes the victim to a risk of serious bodily harm. (c) In all other cases, unlawful restraint is a Class B offense. Custodial Interference — (a) A person, whether a parent or other person, is guilty of custodial interference (b} (c) if, without good cause, the person takes, entices, conceals, or detains a child under the age of eighteen (18) years from his parent, guardian, or other lawful custodian, knowing that the person has no legal right to do so, and with intent to hold the child for substantially longer than any visitation or custody period previously awarded by a Court of competent jurisdiction. A person is guilty of custodial interference if, having actual physical custody of a child under the age of eighteen (18) years pursuant to a judicial award of a Court of competent jurisdiction that has given another person visitation or custody rights, the person detains or conceals the child with intent to deprive the other person of his lawful visitation or custody rights, without good cause to do so. A person is guilty of custodial interference if, without good cause, the person takes, entices, or detains an incompetent or other person who has been committed by authority of law to the custody of another person or institution, from the other person or institution, knowing he has no legal right to do so. LAW AND ORDER CODE Title 5 —- Code of Criminal Offenses Page 16 of 55 (d) Custodial interference is a Class B offense. D. Sexual Offenses — 5$-50-090 5-50-100 Aggravated Sexual Assault -- (a) (b) (c) A person who engages in a sexual act with another person is guilty of aggravated sexual abuse if: (1) The person compels the other person to submit by force or by the threat of imminent death, serious bodily injury, extreme pain, or unlawful restraint to be inflicted on the other person or anyone else; (2) The person has substantially impaired the other person's power to appraise or control his or her conduct by administering or employing without the other person's knowledge drugs, intoxicants or other means for the purpose of preventing resistance, (3) The person knows that the other person suffers from a mental disease or defect which renders the other person incapable of appraising the nature of his or her conduct; (4) The other person is unconscious or the person knows that the other person is unaware that a sexual act is being committed upon him, or that the other person submits because he or she falsely supposes that the person is his or her spouse; or (5) The other person is sixteen (16) years of age or younger. "Sexual acts” as used in this Code means: (1) Contact between the penis and the vulva or the penis and the anus, with some penetration, however slight; (2) Contact between the mouth and penis, the mouth and vulva, or the mouth and anus; or (3) The penetration, however slight, of the anal or genital opening of another by hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any person. Aggravated sexual abuse is a Class A offense. Statutory Rape — (a) (b) A person eighteen (18) years of age or older is guilty of statutory rape if he or she engages in a sexual act with a person sixteen (16) years of age or younger, with or without such minor's consent. However, the provisions of this subsection (a) shall not apply to conduct between spouses. It is a defense for the offender to prove that he reasonably believed the victim to be above the age of sixteen (16). That belief shall not be deemed reasonable if the victim is less than fourteen (14) years old. LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 17 of 55 5-50-110 5-50-120 5-50-130 5-50-140 (c) Statutory rape is a Class A offense. Sexual Abuse — (a) A person is guilty of sexual abuse if he or she has sexual contact with another (b) (c) person against the will of such person. "Sexual contact" as used in this Code means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person. Sexual assault is a Class B offense. Indecent Exposure — (a) A person is guilty of indecent exposure if the person exposes his genitals to another person without the other person's consent. (b) Indecent exposure is a Class C offense. Lewdnesgs with Child — (a) Apperson is guilty of lewdness with a child if the person intentionally commits (b) any lewd or lascivious act, other than acts constituting the crimes of aggravated sexual abuse or sexual abuse, upon or with the body, or any part or member thereof, of a child sixteen (16) years of age or younger with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any person. Lewdness with a child is a Class A offense. Sexual Exploitation of a Child — (a) (b) {c) A person is guilty of sexual exploitation of a child ifa person sexually exploits a child under the age of eighteen (18). “Sexual contact” as used in this Code shall mean the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person. Additionally, “sexual contact” shall include the intentional masturbation of the perpetrator’s genitals in the presence of a child. “Sexual exploitation” as used in this Code shall mean: (1) Conduct involving matter depicting a minor engaged in obscene acts. This includes the preparation, selling or distributing of obscene material involving a child under the age of eighteen (18) or the employment of a child under the age of eighteen (18) to perform obscene acts. (2) A person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for a child's welfare, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 18 of 55 a) 5-50-150 (@) () 0) with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct. For the purpose of this section, “person responsible for a child's welfare” means a parent, guardian, foster parent, or a licensed administrator or employee of a public or private residential home, residential school, or other residential institution. (3) A person who depicts a child in, or who knowingly develops, duplicates, prints, downloads, streams, accesses through any electronic or digital media, or exchanges, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by law enforcement and prosecution agencies. (4) The sexual trafficking of a child under the age of eighteen (18). (5) The provision of food, shelter, or payment to a child in exchange for the performance of any sexual act as described in this Code. Consent by the child is not a defense to sexual exploitation of a child. In a prosecution for sexual exploitation of a child, it is not a defense that the defendant did not have knowledge of the victim’s age, nor is reasonable mistake of age a valid defense to such prosecution. Sexual exploitation of a child is a Class A offense. Pandering and Sex Trafficking: Definitions; Penalties - (a) {b) A person who without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place within the Tribe’s jurisdiction in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering. Pandering is a Class A offense. This subsection does not apply to the customer of a prostitute. (1) A person is guilty of sex trafficking if the person: @ Induces, recruits, harbors, transports, provides, obtains or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place within the Tribe’s jurisdiction in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution; (ii) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within the Tribe’s jurisdiction in which prostitution is LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 19 of 55 5-60 5-60-010 5-60-020 (c) (d) practiced, encouraged or allowed for the purpose of sexual conduct or prostitution; or (iii) Takes or detains a person with the intent to compel the person by force, violence, threats or duress to marry him her or any other person. (2) A person found guilty of sex trafficking is guilty of a Class A offense. A court shall not grant probation to or suspend the sentence of a person convicted of sex trafficking. Consent of a victim of pandering or sex trafficking to an act of prostitution is not a defense to a prosecution for any of the acts prohibited by this section. OFFENSES AGAINST THE FAMILY ~ Incest — (a) A person is guilty of incest if the person knowingly marries or cohabits or engages in sexual acts or sexual contact with a person that is an ancestor or descendant, brother, sister, aunt, uncle, nephew, niece, or first cousin, any of which are of the whole or half blood, without regard to legitimacy, adoption or step-parent/step-child relationship, while such relationship exists. (b} Incest is a Class A offense. Domestic Abuse — (a) A person is guilty of domestic abuse if the person intentionally or recklessly: (b) (c) (1) Causes bodily injury however slight to a family or household member; (2) Causes reasonable apprehension of bodily injury to a family or household member; or (3) Reasonable apprehension shall be presumed in any case in which a person points a firearm at or in the direction of a family or household member, whether or not the defendant believes the firearm to be loaded. For the purposes of this Section "family or household member” shall mean a spouse, former spouse, adult person retated by blood or marriage, significant other, or an adult person residing, for more than five (5) days with the defendant or who formerly resided with the defendant. Sentences shall be imposed for domestic abuse as follows: (1) _ First offense is a Class B offense. (2) Second offense is a Class A offense. (3) The Court shall impose the maximum sentence available for a Class A offense, without the possibility of parole, sentence reduction or probation, for a third or more offense. (4) Inaddition, during sentencing, the Court may restrict defendant’s access LAW AND ORDER CODE Title 5 —- Code of Criminal Offenses Page 20 of 55 5-60-030 5-60-040 5-60-050 5-60-060 (a) to the Reservation in accordance with federal law. A person convicted of domestic abuse shall be required to pay for and complete at least twenty-five (25) hours of counseling, directed toward the violent conduct of the convicted person, within six (6) months of sentencing or release from incarceration, whichever occurs later. Failure to complete the treatment program in the time period set forth shall constitute Criminal Contempt of Court. Domestic Abuse — Probable Cause for Arrest — (a) {b) A police officer may arrest without a warrant a person anywhere, including at the person's place of residence, if the police officer has probable cause to believe the person has committed the crime of domestic abuse although the abuse did not take place in the presence of the police officer. A police officer acting in good faith and exercising due care in the making of an arrest pursuant to this Section shall have immunity from civil liability that otherwise might result by reason of the police officer’s action. Criminal Child Abuse — (a) (b) (c) A person is guilty of criminal child abuse if he causes physical or mental injury to a person under eighteen (18) years of age who is in the person's temporary or permanent care. Injury shall include any form of sexual abuse not covered elsewhere in this Code. Criminal child abuse is a Class A offense. Justification, as described in this Code, is a defense to a prosecution under this Section. Criminal Child Neglect ~ (a) (b) A person is guilty of criminal child neglect if the person is temporarily or permanently responsible for the welfare of a child under eighteen (18) years of age and endangers the child's welfare by intentionally, recklessly, or negligently leaving or abandoning the child, intentionally or recklessly failing to provide food or medical care, or otherwise intentionally, recklessly or negligently failing to care for the child in any manner that threatens serious harm to the physical or emotional well-being of the child. Criminal child neglect is a Class A offense. Criminal Non-Support — (a) (b) (c) A person is guilty of criminal nonsupport if the person fails to provide for the support of the person's spouse, children under eighteen (18) years of age, or other dependents when they are in need of such support. Criminal nonsupport is a Class B offense. It is a defense to a prosecution under this Section that the actor lacks the financial resources to support the actor’s dependents due to unemployment, LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 21 of 55 5-60-070 5-60-080 ilt health, or other similar reasons. However, the lack of financial resources is not a defense unless the actor can provide documentary proof of attempts at finding employment, applications for available social services, of ill health, or supporting similar reasons for failing to provide support. Child Endangerment (a) (b) A person is guilty of child endangerment if an individual through his or her actions or omissions puts a child in a place or position that exposes him or her to danger to life or health. Child endangerment is a Class B offense. Failure to Report Child Abuse or Neglect — (a) (b) A person is guilty of failure to report child abuse or neglect if in the course of his employment as a mandatory reporter as stated below in Subsection (b), he intentionally or recklessly fails to report any instance of possible child abuse or neglect to a Tribal Police Officer or the Tribe’s Social Services Department within a reasonable time, but not more than 24 hours. Mandatory Reporters: An individual in the following positions is required to report child abuse or neglect as required by Subsection (a): (1) Licensed medical provider, including but not limited to physician, physician assistant, nurse, dentist, physical therapist, chiropractor, podiatrist, optometrist, pharmacist, audiologist, psychologist, etc. (2) Employees of a medical facility who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility. (3) Coroner. (4) A member of the clergy, or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession. (5) Social worker. (6) Marriage and family therapist, and clinical professional counselors. (7) Alcohol, drug and family counselors. (8) Any person licensed to conduct a foster home. (9) A person working in a schoo! who is licensed or endorsed pursuant to applicable law. (10) Child care provider, including any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child. LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 22 of 55 ©) (11) Any officer or employee of a law enforcement agency or an adult or Juvenile probation officer. (12) Except as otherwise provided by applicable law or ethical rules, an attomey. (13) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met. (14) Any person who is employed by a youth shelter. (15) Any adult person who is employed by an entity that provides organized activities for children. (16) |The members of the Walker River Tribal Council. (17) Any Tribal employees who are mandatory reporters as stated in their job descriptions. Failure to report child abuse or neglect is a Class B offense. 5-60-090 Criminal Elder and Vulnerable Adult Abuse — {a) (b) (c} (d) (©) A person is guilty of elder or vulnerable adult abuse if the person (1) intentionally inflicts physical injury or pain, sexual abuse, mental anguish, unreasonable confinement, or intimidation on an elder or vulnerable adult, or (2) the willful deprivation to an elder or vulnerable adult by a court appointed guardian or a Caretaker of the basic necessities of life, such as but not limited to food, shelter, clothing, medical and personal care that are necessary to avoid physical harm, mental anguish or mental illness, or any other type of maltreatment, such as leaving an elder or vulnerable adult unattended for indefinite periods of time; or stealing or misappropriating money, checks, property, or other assets from an elder or vulnerable adult. Criminal elder and vulnerable adult abuse is a Class A offense. Justification, as described in this Code, is a defense to a prosecution under this Section. No person shall be deemed to be abused for the sole reason they are being furnished nonmedical remedial treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment. The following definitions shall apply to this Section and Section 5-60-100: (1) “Caretaker” means a person who is required by Tribal or State law to provide services or resources to an elder or vulnerable adult; or a person who volunteers to provide services or resources to an elder or vulnerable adult; or an institution or agency and its employees who are required by Tribal, State or Federal law, or through any other agreement to provide services or resources to an elder or LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 23 of 55 (2) 3) (4) vulnerable adult. “Elder” means for this Section and Section 5-60-100 a person who is 55 years of age or older. “Sexual abuse” is physical contact without the consent of an elder or vulnerable adult with the intent to derive sexual gratification by the person making contact. Consent may not be obtained by threat, coercion, intimidation or fraud; and “Vulnerable Adult” means an adult who 18 years of age or older and is unable to protect himself/herself from abuse, neglect, exploitation, or physical harm; this includes the inability of the person to make responsible decisions for himself or herself because of mental illness or deficiency, physical disability or illness, age, or chronic use of alcohol or drugs. The person does not need to be incapacitated to be a vulnerable adult. 5-60-100 Failure to Report Elder or Vulnerable Adult Abuse or Neglect — (a) A person is guilty of failure to report elder or vulnerable adult abuse or neglect if in the course of the person’s employment as a mandatory reporter as stated below in Subsection (b), the person intentionally or recklessly fails to report any instance of possible elder or vulnerable adult abuse or neglect to a Tribal Police Officer or the Tribe’s Social Services Department within a reasonable time, but not more than 24 hours. Failure to report elder or vulnerable adult abuse or neglect is a Class C offense. (b) Mandatory Reporters: An individual in the following positions is required to report elder or vulnerable adult abuse or neglect as required by Subsection (a): q) 2) GB} 4) 6) (6) 7) .AW AND ORDER CODE The elder’s or vulnerable adult's court appointed guardian or caretaker; Licensed medical provider, including but not limited to physician, physician assistant, nurse, dentist, physical therapist, chiropractor, podiatrist, optometrist, pharmacist, audiologist, psychologist, etc.; Employees of a medical facility who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of an elder or vulnerable adult by a member of the staff of the medical facility; Coroner; A member of the clergy, or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession; Social worker; Marriage and family therapist, and clinical professional counselors; Title 5 — Code of Criminal Offenses Page 24 of 55 (8) Alcohol, drug and family counselors; (9) Any officer or employee of a law enforcement agency or a probation officer; (10) An attorney, except as otherwise provided by applicable law or ethical rules; (11) | The members of the Walker River Tribal Council; (12) Any person or agency, including employees, with fiduciary duties to elders or vulnerable adults such as attorneys, accountants, property managers or financial institutions; and (13) Any Tribal employees who are mandatory reporters as stated in their job descriptions. 5-60-110 Unlawful Contact with Child or Person with Mental Illness — (a) (b) () (d) (©) A person who, without lawful authority, willfully and maliciously engages in a course of conduct with a child who is under 16 years of age and who is at least 5 years older than the person which would cause a reasonable child of like age to feel terrorized, frightened, intimidated or harassed, and which actually causes the chiid to feel terrorized, frightened, intimidated or harassed, commits the crime of unlawful contact with a child. A person who, without lawful authority, willfully and maliciously engages in a course of conduct with a person with mental illness which would cause a person with mental iliness of like mental condition to feel terrorized, frightened, intimidated or harassed, and which actually causes the person with mental illness to feel terrorized, frightened, intimidated or harassed, commits the crime of unlawful contact with a person with mental illness. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available. A person who commits the crime of unlawful contact with a child or unlawful contact with a person with mental illness is guilty of a Class A offense. As used in this section: (1) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person. (2) “Person with mental illness” means a person who has any mental dysfunction leading to impaired ability to maintain himself or herself and to function effectively in his or her life situation without external support or a vulnerable adult as defined in a separate title of the Law and Order Code addressing protections for vulnerable adults. (3) “Without lawful authority” includes acts that are initiated or LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 25 of 55 continued without the victim’s consent. The term does not include acts that are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction. 5-70 OFFENSES AGAINST PROPERTY — A. Property Destruction — 5-70-016 Arson ~ (a) (b) (c) (d) A person is guilty of arson if the person intentionally starts a fire or causes an explosion for the purpose of destroying a structure or property. “Structure” as used in this Code includes, but is not limited to, a house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, vehicle trailer, semitrailer, house trailer, railroad car, sleeping car, airplane, or place adopted for ovemight accommodations of persons or for carrying on business. A person is guilty of arson if the person intentionally starts a fire or causes an explosion for the purpose of destroying or damaging the person’s own property or the property of another, to collect the insurance for such loss. Arson is a Class A offense. 5-70-020 Reckless Burning — (a) (b) A person is guilty of reckless burning if the person recklessly starts a fire or causes an explosion that endangers human life or damages the property of another, or having started a fire, whether recklessly or not, and knowing that it is spreading and may endanger the life or property of another, fails to take reasonable measures to put out the fire or give a prompt alarm. Reckless buming is a Class B offense. 5-70-030 Criminai Mischief — (a) (b) A person is guilty of criminal mischief if the person: (1) Intentionally damages or destroys his property with the intention of defrauding an insurer in circumstances not amounting to arson; (2) Intentionally or recklessly damages, defaces, or destroys the property of another person; or (3) Intentionally or recklessly shoots or propels any object against a vehicle, airplane, boat, or train whether moving or standing. Criminal mischief is a Class B offense, unless the actor’s conduct causes a loss of less than one thousand dollars ($1,000.00), in which case it is a Class C offense. LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 26 of 55 ts B. Burglary and Related Offenses — Burglary — 5-70-040 5-70-050 5-70-060 5-70-070 {a) A person is guilty of burglary if the person enters or remains in any structure, as defined in this Code at 5-70-010(b), house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, vehicle trailer, semitrailer, house trailer, or railroad car, with intent to commit a Class A offense, or an offense defined in Section 5-70-080, unless the premises are at the tire open to the public, or the actor has a legal right to enter. (b) Burglary is a Class A offense. Trespass — (a) A person is guilty of aggravated trespass if the person intentionally or recklessly enters or remains on the property of another, and accomplishes such entry by an act of force or violence, or if the person intends to cause or causes annoyance or injury to any person thereon, or if the person intends to commit or commits another offense thereon. (b) Aggravated trespass is a Class C offense unless it results in bodily injury to another person in which case it is a Class B offense. (c) A person is guilty of trespass if the person intentionally or recklessly enters : or remains on property when notice against entry is given by personal communication, by fencing or other enclosures, or by the posting of signs. (d) Trespass is a Class D offense. Robbery — (a) A person is guilty of robbery if the person intentionally takes the property of another by means of force, violence, or threat of injury or force. The threat of injury or force may be immediate or future and may be directed toward the victim of the robbery, his property, or any other person in the victim's company at the time of the robbery. The victim must be present during the taking. The degree of force or the extent of the threat of injury is immaterial. If force is used merely as a means of escape, it does not constitute robbery. (b) Robbery is a Class A offense. Theft — (a) (b) A person is guilty of theft if the person intentionally obtains or exercises unauthorized control over the property of another with the purpose of depriving the other person thereof. For purposes of this Section, "property" means anything of value, including real estate, tangible or intangible personal property, contract rights, interest in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, commodities of a public utility such as water, gas or electricity, trade or business secrets which the owner thereof intends to be LAW AND ORDER CODE Title 5 ~ Code of Criminal Offenses Page 27 of 55 available only to persons selected by the owner, or any other right, object, labor or services valuable to the owner or provider. (c) For purposes of this Section, "purpose of depriving" means to have a conscious objective to withhold property permanently, or for so extended a period that a substantial portion of its value is lost, or to restore the property only upon payment of a reward or other compensation, or to dispose of the property under circumstances that make it unlikely that the owner will recover it unharmed. (d) Theft of property as provided in this Section shall be punishable as follows: (1) ff the value of the property involved is five hundred dollars ($500.00) or more, the offense shall be a Class A offense. (2) Ifthe value of the property involved is one hundred dollars ($100.00) or more, but less than five hundred dollars ($500.00), the offense shall be a Class B offense. (3) If the value of the property involved is less than one hundred dollars ($100.00), the offense shall be a Class C offense. (4) Ifno evidence as to the value of the property involved is presented and the value of such is not obvious without presentation of such evidence, and if it otherwise is proven that a theft offense under this Section has been committed, the offense shall be a Class D offense. 5-70-080 Buying or Receiving Stolen Property ~ (a) A person is guilty of buying or receiving stolen property if the person buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be theft, or property obtained by burglary or robbery: (1) Knowing that the goods or property were so obtained; or (2) Under such circumstances as should have caused a reasonable person to know that the goods or property were so obtained. (b) Buying or receiving stolen property is a Class B offense. C. Forgery and Fraudulent Practices — 5-70-090 Forgery — (a) A person is guilty of forgery if, with the purpose of defrauding or injuring anyone, or with the knowledge that he is helping to defraud or injure anyone, the person: (i) Alters any writing of another without the other's authority; (2) Makes, completes, executes, authenticates, issues, or transfers any writing; or (3) Circulates as genuine any writing which the person knows to be forged. (b) Forgery shail be punishable as follows: LAW AND ORDER CODE Title 5 — Code of Criminal Offenses Page 28 of 55 [OCR skipped on page(s) 31-57] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Awalker_river_paiute%3A546de8cb3a6c4a44. Public record. Not legal advice.