Crimes

WARM SPRINGS TRIBAL CODE CHAPTER 305

CRIMES

Table of Contents

I. DEFINITIONS
305.1 Definitions
305.2 Attempt

II. CRIMES AGAINST PERSONS
305.105 Abduction
305.110 Assault
305.115 Assault and Battery
305.135 Child Abuse
305.140 Child Abuse, Obligation to Report
305.145 Contributing to the Delinquency of a Minor
305.150 Extortion
305.155 Forgery
305.160 Fraud.
305.165 Negligent Wounding
305.170 Negotiating a Bad Check
305.175 Recklessly Endangering
305.180 Stalking
305.185 Harassment

III. CRIMES AGAINST PROPERTY
305.205 Arson
305.210 Breaking and Entering
305.215 Embezzlement
305.220 Injury to Public Property
305.225 Malicious Mischief
305.230 Receiving Stolen Property
305.235 Theft
305.240 Trespass

IV. SEX CRIMES
305.305 Adultery
305.310 Carnal Knowledge
305.315 Intentionally left blank
305.325 Intentionally left blank
305.330 Prostitution
305.335 Rape
305.340 Unnatural Sex Acts
305.345 Sexual Abuse
305.350 Transmission of Sexually Transmitted Disease

V. CRIMES AGAINST PUBLIC PEACE AND ORDER
305.403 Aiding or Abetting an Offender or Concealing a Fugitive
305.409 Bribery, Failure to Report
305.412 Carrying Concealed Weapons
305.415 Carrying Weapons, When Prohibited
305.418 Child Neglect
305.421 Animal Fighting
305.424 Cruelty to Animals
305.427 Custodial Interference
305.430 Discharge of Weapons
305.433 Disorderly Conduct
305.434 Private Disorderly Conduct
305.436 Escape
305.439 Failure to Send Children to School
305.442 Failure to Support a Dependent Person
305.445 False Identification
305.448 False Imprisonment
305.451 Unlawful Gambling
305.452 Promotion of Unlawful Gambling
305.453 Cheating
305.454 Initiating a False Report
305.460 Littering
305.463 Maintaining a Public Nuisance
305.469 Obstructing Justice
305.472 Perjury
305.475 Refusing to Aid an Officer
305.478 Resisting Arrest
305.481 Riot, Unlawful Assembly
305.483 Assaulting a Law Enforcement or Service Animal
305.484 Throwing Away Lighted Material
305.487 Unlawful Meetings, Parades or Gatherings
305.490 Violation of an Approved Tribal Ordinance
305.493 Wounds, Reporting Required

VI. DRUG RELATED CRIMES
305.501 Definitions for WSTC 305.501 to WSTC 305.570
305.505 Unlawful Manufacture of a Controlled Substance
305.510 Unlawful Use or Possession of a Controlled Substance
305.515 Unlawful Delivery of a Controlled Substance
305.520 Sale of Drug Paraphernalia
305.525 Possession of Drug Paraphernalia
305.530 Causing Another Person to Ingest a Controlled Substance
305.535 Delivery of a Counterfeit Controlled Substance
305.540 Permitting the Use, Manufacture, Sale, or Delivery of a Controlled
Substance
305.545 Intoxication by Inhalation
305.550 Tampering with Drug Records
305.555 Falsifying Drug Test Results
305.560 Providing Drug Test Falsification Equipment
305.565 Furnishing a Controlled Substance to a Minor
305.570 Penalties for Drug Related Offenses

VII. GANG ENFORCEMENT
305.601 Definitions for WSTC 305.601 to WSTC 305.615
305.605 Criminal Street Gang Activity; Enhancement of Penalties
305.610 Soliciting, or Recruiting Criminal Street Gang Membership.
305.615 Seizure of Profits, Proceeds, and Instrumentalities of Criminal Street Gang Activities or Recruitment; Forfeiture

VIII. PENALTIES
305.705 Forfeiture
305.710 Restitution
305.715 Sentences and Fines
305.720 Violations by Non-Indians

WARM SPRINGS TRIBAL CODE CHAPTER 305

CRIMES

I. DEFINITIONS

305.1 Definitions.1

  1. “Abetting” means to encourage, incite or set another on to commit a crime. To command, procure, counsel or induce another to commit a crime.
  2. “Aiding” means helping or assisting; supplementing the efforts or another.
  3. “Animal” means any nonhuman mammal, bird, reptile, amphibian, fish, or insect.
  4. “Arrest” means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging him with an offense.
  5. “Contraband” means property, the possession of which is forbidden by law including that defined in WSTC 202.010(13).
  6. “Dangerous Weapon” means any object, instrument or article which is used in a manner likely or intended to cause death or serious bodily injury to another.
  7. “Evidence” means any species of proof, legally presented at the trial of any issue, by the act of the parties and through the medium of witnesses, records, documents or concrete objects for the purpose of inducing belief in the minds of the court or jury as to their contention.
  8. “Fruits of a Crime” means the object or objects for which a crime was committed.
  9. “Gambling Activity” means any activity defined as Class II or Class III gaming under the Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. § 2703, and its implementing regulations, including, but not limited to, promotions and comps, but excluding traditional Indian games and ceremonies.
  10. “Instrumentalities of Crime” means objects used in the commission of a crime.
  11. “Intentional” means willful.
  12. “Knowing” means that one is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.
  13. “Lawful” means legal; warranted or authorized by law.
  14. “Minor” means under eighteen (18) years of age, except to the extent that the application of any provision in this Chapter 305 applies to gaming at a Tribal gaming facility established under WSTC Chapter 260, wherein the age of majority to participate in gambling activities other than keno or pari-mutuel betting is 21.
  15. “Possess” means to have physical possession or otherwise to exercise dominion or control over property.
  16. “Reckless” means careless, needless, inattentive; indifferent to consequences.
  17. “Riot” means any use of force or violence or any threat to use force or violence if accompanied by immediate power of execution by three or more Indians acting together and without authority of law is a riot.
  18. “Serious Physical Injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
  19. “Utter” means to issue, deliver, publish, circulate, disseminate, transfer or tender a written instrument to another.
  20. “Willful” means intentional, designed, and purposely.

305.2 Attempt. Any person who intentionally engages in conduct which constitutes a substantial step toward commission of a crime shall be deemed guilty of attempt.

II. CRIMES AGAINST PERSONS

305.105 Abduction. Any person who shall willfully take away or detain another person against his will or without the consent of the parent or other person having lawful care or charge of him shall be deemed guilty of abduction.

305.110 Assault. Any person who shall attempt or threaten bodily harm to another person through unlawful force or violence, and who has the present capability to carry out his threat or use unlawful force or violence against the person threatened, shall be deemed guilty of assault.

305.115 Assault and Battery. Any person who shall willfully strike another person or otherwise inflict bodily injury, or who shall by offering violence cause another to harm himself shall be deemed guilty of assault and battery.

305.135 Child Abuse.

  1. For purposes of this section, child abuse shall be defined as any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury; or, neglect which threatens the health, safety and welfare of a child or which leads to physical or mental harm.
  2. For the purposes of this section the foregoing definition shall not include the good faith treatment of a child by spiritual means in accordance with the tenants and practices of traditional Indian religion or good faith parental, teacher or custodial discipline.
  3. Any person who shall abuse a child as defined in this section shall be deemed guilty of child abuse.

305.140 Child Abuse, Obligation to Report.

  1. Any person whether private citizen, private official, or public official who has reasonable grounds to believe that a child with whom he has contact has suffered abuse, or that any adult with whom he has contact has abused a child shall report such information to the Warm Springs Tribal Police Department or to the Warm Springs Juvenile Department forthwith.
  2. Nothing in the foregoing section shall affect the privilege usually afforded communications between psychiatrist, psychologists or attorneys and their clients or clergymen and their parishioners. All other privileges shall not be grounds for excluding evidence regarding child abuse or the cause thereof.
  3. Any person submitting a report in good faith as required in paragraph (1) above, and who has reasonable grounds for making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.
  4. Violation of this section shall be punishable by a fine not to exceed $500.00.

305.145 Contributing to the Delinquency of a Minor. Any person who aids, causes or permits a child under eighteen (18) years of age to do any act prohibited by law shall be deemed guilty of contributing to the delinquency of a minor.

305.150 Extortion. Any person who shall willfully, by making false charges against another person or by any other means whatsoever, extort or attempt to extort any money, goods, property, or anything else in value, shall be deemed guilty of extortion.

305.155 Forgery. Any person who shall, with intent to defraud, falsely sign, execute or alter any written instrument, or utter or publish knowingly any false or altered written instrument shall be deemed guilty of forgery.

305.160 Fraud. Any person who shall by willful misrepresentation or deceit, or by false interpreting, or by the use of false weights or measures obtain any money or other property, shall be deemed guilty of fraud.

305.165 Negligent Wounding. Any person, who, as a result of his failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm or with an arrow from any bow or with a knife or other instrument, shall be deemed guilty of negligent wounding.

305.170 Negotiating a Bad Check.

  1. Any person, who makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be deemed guilty of negotiating a bad check.
  2. For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if: (a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or (b) Payment is refused by the drawee for lack of funds, upon presentation and the drawer fails to make good within thirty (30) days after the date of utterance, and the drawer fails to make good within ten (10) days after receiving notice of refusal.

305.175 Recklessly Endangering. Any person who recklessly engages in conduct which creates a substantial risk of serious physical injury to another person shall be deemed guilty of recklessly endangering.

305.180 Stalking. Any person who shall knowingly alarm or coerce another person or a member of that person’s immediate family or household by engaging in repeated, unwanted contact with the other person where the repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household, shall be deemed guilty of stalking.

305.185 Harassment. Any person who shall intentionally:

  1. Harass or annoy another person by (a) subjecting such other person to offensive physical contact; or (b) publicly insulting such other person by abusive words or gestures in a manner intended likely to provoke violent response; or
  2. Subject another to alarm by conveying a false report, known by the conveyer to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
  3. Subject another to alarm by directly or indirectly conveying a threat to inflict serious physical injury on that person or to commit a felony involving a person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm;

Shall be deemed guilty of harassment.

III. CRIMES AGAINST PROPERTY

305.205 Arson. Any person who willfully, recklessly, maliciously or wantonly sets fire to or burns or causes to be burned, or who willfully and maliciously or wantonly aides, counsels, or procures the burning of another’s property or his own to fraudulently obtain insurance proceeds of any class or character shall be deemed guilty of arson.

305.210 Breaking and Entering. Any person who, without lawful permission or authority, breaks and enters any building, booth, tent, vehicle, boat or other structure shall be deemed guilty of breaking and entering.

305.215 Embezzlement. Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof, shall be deemed guilty of embezzlement.

305.220 Injury to Public Property. Any person who shall, without proper authority, use or willfully injure any public property of the Tribes or the United States Government shall be deemed guilty of injury to public property.

305.225 Malicious Mischief. Any person who shall intentionally or recklessly disturb, injure or destroy any livestock or other domestic animal or other property belonging to another shall be deemed guilty of malicious mischief.

305.230 Receiving Stolen Property. Any person who shall receive or conceal or aid in concealing or receiving any property, knowing the same to be embezzled, or obtained by theft, shall be deemed guilty or receiving stolen property.

305.235 Theft.

  1. Any person who, with intent to deprive another of property or to appropriate property to himself or to a third person: (a) Takes, appropriates, obtains or withholds such property from any owner thereof, or (b) Comes into the control of property of another that he knows or has good reason to know has been lost, mislaid or delivered under a mistake as to the nature or amount of the property or to the identity of the recipient, commits theft if, with the intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to the owner, or (c) Unlawfully sells, trades or disposes of property lawfully obtained but belonging to another person commits the crime of theft.
  2. For the purposes of this section, property shall be defined as including any goods or services.

305.240 Trespass. Any person, including tribal members, who enters or remains unlawfully in or upon the property of another or upon tribal land declared closed by the Tribal Council, shall be deemed guilty of trespass.

IV. SEX CRIMES

305.305 Adultery. Any person who shall have sexual intercourse with another person, either of such persons being married to a third person, shall be deemed guilty of adultery.

305.310 Carnal Knowledge. Every male person who shall have sexual intercourse with any female child under the age of sixteen (16), not his wife, and every female person who shall have sexual intercourse with a male child under the age of sixteen (16) years, not her husband, shall be guilty of carnal knowledge.

305.3152 Intentionally left blank.2

305.325 Intentionally left blank.3

305.330 Prostitution. Any person who shall practice prostitution or who shall knowingly keep, maintain, rent or lease, any house, room or tent, or other place for the purpose of prostitution shall be deemed guilty of prostitution.

305.335 Rape.4

  1. Any person who willfully and knowingly has sexual intercourse with a female or male without the other person’s consent, or assists another in the same, shall be deemed guilty of rape.
  2. A person is considered incapable of consenting to sexual intercourse if she or he is: (a) mentally defective; or (b) mentally incapacitated; or (c) physically helpless; or (d) is threatened with the use of force or violence.
  3. As used in WSTC 305.335: (a) “mentally defective” means that a person suffers from a mental disease or defect that renders the person incapable of appraising the nature of her or his conduct. (b) “mentally incapacitated” means that a person is rendered incapable of appraising or controlling her or his conduct at the time of the alleged offense because of a controlled or other intoxicating substance administered to the person without her or his consent, or because of any other act committed upon the person without her or his consent. (c) “physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to act.

305.340 Unnatural Sex Acts. Any person who commits sodomy or a crime against nature, or any act or practice of sexual perversity, either with mankind or beast, or sustains osculatory relations with the private parts of any person or permits such relations to be sustained with his private parts, shall be deemed guilty of unnatural sex acts.

305.345 Sexual Abuse.5

  1. Any person who subjects another person to sexual contact shall be deemed guilty of sexual abuse if: (a) the victim does not consent to the sexual contact; or (b) the victim is incapable of consent by reason of being under twelve years of age, mentally defective, mentally incapacitated, physically helpless, or threatened with the use of force or violence.
  2. As used in WSTC 305.345: (a) “mentally defective,” “mentally incapacitated,” and “physically helpless” have the same meaning as defined in WSTC 305.335. (b) “sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or intimate parts of the actor or other person for the purpose of arousing or gratifying the sexual desire of either party or a third party. “Touching” as used in this definition includes the use of a foreign object.

305.350 Transmission of Sexually Transmitted Disease.6 Any person who recklessly, knowingly, or intentionally infects another person with a sexually transmitted disease shall be deemed guilty of an offense. In addition to any sentence imposed by the Tribal Court for a violation of this section, a person so convicted shall be ordered and compelled to receive treatment for such disease.

V. CRIMES AGAINST PUBLIC PEACE AND ORDER

305.403 Aiding or Abetting an Offender or Concealing a Fugitive.7 Any person who shall aid or abet any person in the commission of any offense or who shall knowingly harbor or conceal any person being sought for a violation of this code, shall be deemed guilty of aiding or abetting an offender or concealing a fugitive.

305.409 Bribery, Failure to Report.

  1. Any person who shall give or offer to give money, property, or services, or anything else of value to another person with current intent to influence another in the discharge of his public duties or conduct, and any Indian who shall accept, solicit or attempt to solicit any bribe, as above defined, shall be deemed guilty of bribery.
  2. Any person who knows or has reasonable grounds to believe that a bribe had been offered, made or accepted shall report such facts forthwith to the Warm Springs Tribal Police. Violation of this section shall subject the offender to a fine not to exceed $500.00.

305.412 Carrying Concealed Weapons.

  1. For purposes of this section, a dangerous weapon shall be any revolver, pistol or other firearm, whether loaded or unloaded, nay knife, other than an ordinary pocket knife, or any dirk, dagger, sling shot, metal knuckles, explosive or incendiary devices, or any instrument by the use of which injury could be inflicted upon the person or property of any other person.
  2. Any person, who shall go about in public places armed with a dangerous weapon concealed upon his person or concealed within his vehicle unless he shall have a permit signed by a Judge of the Tribal Court and countersigned by the Superintendent of the Reservation, shall be deemed guilty of carrying a concealed weapon.

305.415 Carrying Weapons, When Prohibited.

  1. Notwithstanding the provisions of WSTC 305.412 any person other than a duly authorized law enforcement officer who carries any dangerous weapon as defined in WSTC 305.412(1), whether concealed or openly, in any public building, office, store, school or at any public gathering shall be deemed guilty of unlawfully carrying a weapon.
  2. Any person who carries or possesses a firearm while under the influence of intoxicants shall be deemed guilty of unlawfully carrying or possessing a firearm.

305.418 Child Neglect. Any parent or other person having legal obligation for the care, custody or control of any child or children of minor age, who engages in conduct defined as neglect in the Warm Springs Juvenile Code, WSTC Chapter 360.110(11), shall be deemed guilty of child neglect and may be liable for all or part of the support cost if it is necessary to place such child or children in temporary foster care. In the event that such child or children shall do or cause damage to another person or property, the parent or person having legal obligation for the child or children may be fully liable for all damages caused.

305.421 Animal Fighting.8 Any person commits the crime of animal fighting if he:

  1. Owns, trains, or orders the training of an animal with the intention that the animal engage in an exhibition of fighting; or
  2. Promotes, conducts, participates in or is present as a spectator at an exhibition of animal fighting or preparations thereto; or
  3. Keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of animal fighting; or
  4. Knowingly suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of animal fighting.

305.424 Cruelty to Animals.9

  1. Any person commits the crime of cruelty to animals if, except as otherwise authorized by law, he intentionally or recklessly: (a) Subjects any animal under human custody or control to cruel mistreatment, or (b) Subjects any animal under his custody or control to cruel neglect, or (c) Kills without legal privilege any animal under the custody or control of another.

305.427 Custodial Interference. Any person who, knowing or having reason to know that he has no legal right to do so, takes, entices or keeps a person from his lawful custodian shall be deemed guilty of custodial interference.

305.430 Discharge of Weapons.

  1. Any person, other than an authorized peace officer in the conduct of his duties, who shall fire or discharge any gun or other weapon, including spring or air actuated guns or weapons which propel a projectile by use of a bow or sling, explosives, or jet or rocket propulsion within or adjacent to any residential or community area on the Reservation shall be deemed guilty of unlawfully discharging a weapon.
  2. It shall be unlawful for any person, other than an authorized peace officer in the conduct of his duties, to discharge a weapon from, at or across a public highway.

305.433 Disorderly Conduct. An person commits the crime of disorderly conduct if he causes public inconvenience, annoyance or alarm or recklessly creates a risk thereof by:

  1. Engaging in fighting or in violent, tumultuous or threatening behavior; or
  2. Makes unreasonable noise; or
  3. Disturbs any lawful assembly or persons without lawful authority; or
  4. Obstructs vehicular or pedestrian traffic on a public way; or
  5. Congregates with other persons in a public place and refuses to comply wit a lawful order of the police to disperse; or
  6. Initiates or circulates a report knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
  7. Creates a hazardous or physically offensive condition by any act which he is not licensed or privileged to do; or
  8. Appears in a public place in an intoxicated condition; or
  9. Engages in any other act of public indecency or immorality.

305.434 Private Disorderly Conduct.10 Any person commits the crime of private disorderly conduct if the person appears in a private place in an intoxicated condition and causes inconvenience, annoyance, or alarm to another or recklessly creates a risk of harm.

305.436 Escape.

  1. Any person who, being in lawful custody, for any offense who shall escape or attempt to escape or who shall permit or assist or attempt to permit or assist another person to escape from lawful custody shall be deemed guilty of an escape.
  2. For purposes of this section, custody shall be defined as the imposition of actual or constructive restraint by a law enforcement officer pursuant to an arrest or court order.

305.439 Failure to Send Children to School. Except a provided in WSTC 360.500, any person who shall, without good cause, neglect or refuse to send his or her children or any children under 18 years of age under his care, who have not completed the twelfth grade, to school shall be deemed guilty of failure to send children to school.

305.442 Failure to Support a Dependent Person. Any person who shall for any reason, refuse or neglect to furnish food, shelter, or care of any minor dependents, including any dependent children born out of wedlock, or any person who has the capacity but fails to furnish food, shelter or care for dependent elders, shall be deemed guilty of failure to support a dependent person.

305.445 False Identification. Any person who gives or offers false identification or who represents themselves to be another when asked by a law enforcement office for identification shall be deemed guilty of offering false identification.

305.448 False Imprisonment. Any person who shall willfully and knowingly make or cause to be made, the unlawful arrest, detention or imprisonment of another person shall be deemed guilty of false imprisonment.

305.451 Unlawful Gambling.11 Any person who shall participate in any gambling activity not authorized by WSTC Chapter 260, for money or other value, shall be deemed guilty of unlawful gambling. Class I gambling as defined by the Indian Gaming Regulatory Act, P. L. 100-447, 25 U.S.C. § 2703, is not prohibited by this section.

305.452 Promotion of Unlawful Gambling.12 Any person who knowingly entices or induces another to go to any place where a gambling activity is being conducted or operated in violation of WSTC 305.451, with the intent that the other person play or participate in the gambling activity, shall be deemed guilty of an offense.

305.453 Cheating.13 Any person, while in the course of participating or attempting to participate in any gambling activity, who:

  1. Employs or attempts to employ any device, scheme or strategy to defraud any other participant or the Tribe or engages in any other act, practice, or course of operation that operates or would operate as a fraud or deceit upon any other participant or the Tribe; or
  2. Causes, aids, abets, colludes or conspires with another person to violate paragraph of this section; shall be deemed guilty of cheating.

305.454 Initiating a False Report. Any person who knowingly initiates a false alarm or report which is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property shall be deemed guilty of initiating a false report.

305.457 Liquor Violations.14

305.460 Littering. Any person who throws, dumps, places or deposits, upon the lands of another, or upon any public road, highway, street or any other area within the Reservation, without the consent of the owner, any garbage, debris, junk, carcasses, trash, refuse or any other substance of any nature whatsoever which would mar the appearance or detract from the cleanliness of the area, shall be deemed guilty of littering. The Court shall have the authority to order the defendant to clean up the area littered.

305.463 Maintaining a Public Nuisance. Any person who shall act in a manner, or permit his property to fail into such condition as to injure or endanger the safety, health, comfort, or property of his neighbors, shall be deemed guilty of maintaining a public nuisance, and may be required to remove such nuisance when so ordered by the Court.

305.469 Obstructing Justice. Any person, who intentionally obstructs, impairs or hinders the administration of law or other governmental function by means of intimidation, force, physical interference, misinformation or otherwise shall be deemed guilty of obstructing justice.

305.472 Perjury. Any person who shall willfully and deliberately, in any judicial proceeding in any Tribal Court, falsely swear or interpret, or shall make a sworn statement or affidavit knowing the same to be untrue, or shall induce or procure another person to do so, shall be deemed guilty of perjury.

305.475 Refusing to Aid an Officer. Any person who unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime upon command for assistance made by a person known by him to be a law enforcement officer, commits the crime of refusing to aid an officer.

305.478 Resisting Arrest. Any person who shall willfully and knowingly, by force or violence, resist or assist another person to resist a lawful arrest commits the crime of resisting arrest.

305.481 Riot, Unlawful Assembly.

  1. It shall be unlawful for any person to participate in a riot. A riot is defined as any use of force or violence or any threat to use force or violence if accompanied by immediate power of execution by three or more persons acting together without lawful authority.
  2. Whenever three or more persons assemble with intent or with means and in preparation to do an unlawful act or whenever such persons assemble without lawful authority in such a manner that is likely to disturb the peace or excite public alarm they shall be deemed guilty of unlawful assembly.
  3. Whenever any number of persons, armed or unarmed, are unlawfully assembled, any police officer of the Confederated Tribes shall, in the name of the Tribe, command such persons, by going among them or otherwise , to disperse immediately. If such persons do not disperse they shall be arrested for unlawful assembly.
  4. Any police officer may command the aid of a sufficient number of persons to aid in the dispersal of an unlawful assembly. Any person so commanded who fails or refuses without justification to aid the police shall be deemed guilty of an offense.
  5. Whenever a police officer authorized to command the dispersal of an unlawful assembly finds, or has reason to anticipate that resistance will be made to such command, he may command as many persons as he may deem necessary to assist him in overcoming such resistance and, if necessary, in the seizing, arresting, confining and charging the resisters and those who aid and abet them.

305.483 Assaulting a Law Enforcement or Service Animal.15

  1. Any person who knowingly causes physical injury to or the death of a law enforcement animal or service animal, knowing that the animal is a law enforcement or service animal, and the injury or death occurs while the law enforcement or service animal is being used in the lawful discharge of its duties, shall be deemed guilty of assaulting a law enforcement or service animal.
  2. As used in this section: (a) “Law enforcement animal” means an animal trained for and used in law enforcement work under the control of a police officer, corrections officer, or probation officer. (b) “Service animal” means a search and rescue animal, guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

305.484 Throwing Away Lighted Material. Any person who shall at any time throw away any lighted tobacco, cigars, cigarettes, matches or other lighted materials from any vehicle or in any place other than a safe receptacle, or without lawful authority, leave any open fire unattended shall be deemed guilty of an offense.

305.487 Unlawful Meetings, Parades or Gatherings. No procession or parade, except a funeral procession, shall occupy, march or proceed within the Warm Springs Reservation, and no open air public meetings or gathering shall be permitted upon any part of the Warm Springs Reservation except in accordance with a permit issued by the Tribal Council. Such permit may be granted where it is found that such parade, procession, open air meeting or gathering is not to be held for any unlawful purpose and will not in any manner tend to a breach of peace, cause damage, or unreasonably interfere with the use of the Reservation by others or with the peace and quiet of the inhabitants of the Warm Springs Reservation. Any person who violates this section shall be deemed guilty of an offense.

305.490 Violation of an Approved Tribal Ordinance. Any person who violates an Ordinance designated to preserve the peace and welfare of the Tribes, which was promulgated by the Tribal Council and approved by the Secretary of the Interior, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced as provided in the Ordinance.

305.493 Wounds, Reporting Required. Any physician, intern, resident, nurse, or medic, having reasonable cause to suspect that person brought to him or coming before him for examination, care or treatment has an injury caused by a knife, gun, pistol or other deadly weapon by other than accidental means shall report such injury by telephone immediately to the Warm Springs Tribal Police and as soon thereafter as possible submit a report in writing.

VI. DRUG RELATED CRIMES 16

305.501 Definitions for WSTC 305.501 to WSTC 305.570.

  1. “Administer” means the direct application of a controlled substance, whether by injection, direct inhalation, ingestion or any other means, to the body of a patient by a practitioner or authorized agent thereof acting in the course of his professional duties.
  2. “Controlled substance” or “drug” means any substance or its immediate precursor classified in Schedules I through V under the Federal Controlled Substances Act, 21 U.S.C. § 812, including future amendments of that statute as may be enacted by Congress.
  3. “Dispense” means to deliver a controlled substance to a person who lawfully possesses a controlled substance by or pursuant to the lawful order of a practitioner.
  4. “Practitioner” means a physician, dentist, veterinarian, certified nurse practitioner, physician assistant or other person licensed, registered or otherwise permitted by law to dispense or administer a controlled substance in the course of professional practice but does not include a pharmacist.
  5. “Prescription” means a written, oral, or electronically transmitted direction, given by a practitioner for the preparation and use of a drug.

305.505 Unlawful Manufacture of a Controlled Substance. Any person who unlawfully cultivates or manufactures a controlled substance shall be deemed guilty of an offense.

305.510 Unlawful Use or Possession of a Controlled Substance. Any person who knowingly uses, consumes, possesses, or causes another person to possess a controlled substance without a valid prescription shall be deemed guilty of an offense. This provision excludes pharmacists, practitioners, law enforcement officials, and any authorized agents thereof acting in the course of their professional duties.

305.515 Unlawful Delivery of a Controlled Substance. Any person who delivers, transfers, distributes or sells a controlled substance to another person shall be deemed guilty of an offense. This provision excludes the delivery of a controlled substance by a pharmacist, practitioner, or any authorized agent thereof pursuant to a valid prescription.

305.520 Sale of Drug Paraphernalia. Any person who sells, transfers, or offers to sell or transfer any drug paraphernalia including marijuana and hash pipes, bongs, roach holders and any other containers and devices commonly used in connection with the consumption or processing of any controlled substance on the Warm Springs Reservation shall be deemed guilty of an offense. Any such drug paraphernalia found on the Reservation shall be immediately seized by tribal law enforcement authorities without compensation to its owner and shall be held by the tribal police department until it is no longer needed as evidence or other lawful purposes, at which time it shall be destroyed or otherwise disposed of as ordered by the Tribal Court in accordance with WSTC 200.750.

305.525 Possession of Drug Paraphernalia. Any person who possesses any drug paraphernalia including marijuana and hash pipes, bongs, roach holders and any other containers and devices commonly used in connection with the consumption or processing of any controlled substance on the Warm Springs Reservation shall be deemed guilty of an offense. Any such drug paraphernalia found on the Reservation shall be immediately seized by tribal law enforcement authorities without compensation to its owner and shall be held by the tribal police department until it is no longer needed as evidence or other lawful purposes, at which time it shall be destroyed or otherwise disposed of as ordered by the Tribal Court in accordance with WSTC 200.750.

305.530 Causing Another Person to Ingest a Controlled Substance. Any person who knowingly or intentionally causes another person to ingest, other than by administering or dispensing, a controlled substance without the consent of the person shall be deemed guilty of an offense. For the purposes of this section, a person “causes another person to ingest” a controlled substance if he either causes the person to orally consume the controlled substance, or if he otherwise delivers the controlled substance into the body of the other person.

305.535 Delivery of a Counterfeit Controlled Substance. Any person who knowingly delivers a substance that is not a controlled substance upon the express or implied representation that the substance is a controlled substance, or delivers a substance that is not a controlled substance upon the express or implied representation that the substance is of such nature or appearance that the recipient of the delivery will be able to distribute the substance as a controlled substance, shall be deemed guilty of an offense.

305.540 Permitting the Use, Manufacture, Sale, or Delivery of a Controlled Substance. Any person who knowingly permits one or more persons to use, keep, sell, manufacture, cultivate, or deliver a controlled substance on that person’s premises in violation of WSTC 305.505, WSTC 305.510 or WSTC 305.515 shall be deemed guilty of an offense. For the purposes of this section, “premises” means any parcel of land and the structures thereon that a person occupies and owns, leases, rents, or controls.

305.545 Intoxication by Inhalation. Any person who intentionally inhales, for the purpose of becoming intoxicated, any gasoline, lighter fluid, glue, cement, spray paint, paint thinner, canned air, nitrous oxide, or any similar product for which intoxication by inhalation is not its intended use shall be deemed guilty of an offense. This section excludes the inhalation of administered nitrous oxide or other similar substance.

305.550 Tampering with Drug Records. Any person who alters, defaces, or removes a controlled substance label affixed by a manufacturer or pharmacist; affixes a false or forged label to a container or package containing controlled substances; or makes or uses a false or forged prescription for a controlled substance shall be deemed guilty of an offense.

305.555 Falsifying Drug Test Results. Any person commits the crime of falsifying drug test results if he:

  1. Uses, or possesses with the intent to use, any substance or device designed to falsify the results of a lawfully conducted test designed to detect the presence of a controlled substance; or
  2. Induces another person to submit to a lawfully conducted test designed to detect the presence of a controlled substance on his behalf.

305.560 Providing Drug Test Falsification Equipment. Any person who intentionally delivers, possesses with the intent to deliver, or manufactures with the intent to deliver a substance or device designed to enable a person to falsify the results of a drug test shall be deemed guilty of an offense.

305.565 Furnishing a Controlled Substance to a Minor. Any adult, parent or guardian who either aids, causes or permits a minor child to obtain, possess or use any controlled substance not specifically prescribed for said minor child by a practitioner shall be deemed guilty of Contributing to the Delinquency of a Minor in accordance with WSTC 305.145.

305.570 Penalties for Drug Related Offenses. The Tribal Court shall adhere to the drug offense guidelines set forth in the Rules of Court when making sentencing determinations pursuant to WSTC 305.715 for the drug related offenses enumerated in this Part VI.

VII. GANG ENFORCEMENT 17

305.601 Definitions for WSTC 305.601 to WSTC 305.615.

  1. “Criminal street gang” means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. “Pattern of criminal street gang activity” means the commission or attempted commission of, or solicitation or conspiracy to commit any combination of the following, on separate occasions within a three year period: (a) Two or more felonies defined under the laws of the tribe or state in which they occur or offenses defined under the Major Crimes Act, 18 U.S.C. § 1153; or (b) Three or more misdemeanors defined under the laws of the tribe or state in which they occur or offenses defined in the Warm Springs Tribal Code; or (c) A combination of one felony or Major Crimes Act offense and two misdemeanor or Warm Springs Tribal Code offenses; or (d) The comparable number of delinquent acts or violations of law committed by a juvenile which would be classified as above if committed by an adult.

305.605 Criminal Street Gang Activity; Enhancement of Penalties. Upon a finding in the Warm Springs Tribal Court at sentencing that the defendant committed an offense in violation of the Warm Springs Tribal Code, or any delinquent act or violation of law committed by a juvenile which would be a violation of the Warm Springs Tribal Code if committed by an adult, for the benefit of, at the direction of, or in association with any criminal street gang, the penalty for the offense, delinquent act, or violation may be enhanced. The burden of proof required for such findings allowing sentence enhancement shall be a “preponderance of the evidence,” however, the burden of proof for a conviction of the underlying criminal offense remains “beyond a reasonable doubt.” For adult offenders, the enhancement will be sentencing at the maximum punishment set forth in WSTC 305.715. Any fine imposed under WSTC 305.715 or WSTC 305.720 shall be used by the Tribe to fund gang prevention or enforcement programs. In the case of juvenile offenders the disposition may include, but is not limited to:

  1. Probation for a period of six months to one year;
  2. Performance of community service hours;
  3. Restitution to victims/community members;
  4. Placement in behavior management facilities until completion/graduation from school or a court ordered program;
  5. Counseling; and,
  6. Placement in a detention facility for a period of time to be determined by the presiding judge.

305.610 Soliciting, or Recruiting Criminal Street Gang Membership. Any person who intentionally causes, encourages, solicits, or recruits another person to join a criminal street gang that requires as a condition of membership or continued membership the commission of any crime shall be deemed guilty of an offense. Any fine imposed under WSTC 305.715 or WSTC 305.720 shall be used by the Tribe to fund gang prevention or enforcement programs. In the case of juvenile offenders the disposition may include, but is not limited to:

  1. Probation for a period of six months to one year;
  2. Performance of community service hours;
  3. Restitution to victims/community members;
  4. Placement in behavior management facilities until completion/graduation from school or a court ordered program;
  5. Counseling; and,
  6. Placement in a detention facility for a period of time to be determined by the presiding judge.

305.615 Seizure of Profits, Proceeds, and Instrumentalities of Criminal Street Gang Activities or Recruitment; Forfeiture. All profits, proceeds, and instrumentalities of criminal street gang activity or recruitment and all property used or intended or attempted to be used to facilitate the criminal activity or recruitment activities of any criminal street gang is considered contraband subject to seizure and forfeiture, with proceeds of said forfeiture to be used by the Tribe to fund gang prevention or enforcement programs.

VIII. PENALTIES

305.705 Forfeiture. In any case where contraband, fruits of a crime or instrumentalities of crime have been seized the Warm Springs Tribal Court may order the forfeiture of such property. Any property forfeited shall be sold, destroyed or assigned to a branch of tribal government as directed by court order.

305.710 Restitution. In addition to any sentence or fine resulting from a conviction of the provisions of this chapter the Warm Springs Tribal Court may also order a defendant in any case to make restitution or pay damages to the victim of the crime.
305.715 Sentences and Fines.18 Any Indian found guilty of violating any of the provisions of this chapter or of a criminal violation set forth in any other chapter of the Warm Springs Tribal Code may be punished by imprisonment for a term not to exceed one year or by imposition of a fine not to exceed $5,000, or both, unless a lesser penalty is provided.

305.720 Violations by Non-Indians. Any non-Indian who violates the provisions of this chapter while within the boundaries of the Warm Springs Indian Reservation shall be subject to arrest for violation of state laws, expulsion by court order from the Reservation, or civil penalties otherwise authorized by the Warm Springs Tribal Code.

1 WSTC 305.001 was amended by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
2 WSTC 305.315 was repealed by Tribal Council Resolution No. 11,655, adopted August 21, 2012.
3 WSTC 305.325 was repealed by Tribal Council Resolution No. 11,654, adopted August 21, 2012.
4 WSTC 305. 335 was amended by Tribal Council Resolution No. 6951, adopted July 17, 1985.
5 WSTC 305.345 was added to Chapter 305 by Tribal Council Resolution No. 8699, adopted July 19, 1993.
6 WSTC 305.350 was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July, 27, 2009.
7 WSTC 305.403 was amended by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
8 WSTC 305.421 was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
9 WSTC 305.424 was amended by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
10 WSTC 305.434 was added to Chapter 305 by Tribal Council Resolution No. 11,754, adopted April 29, 2013.
11 WSTC 305.451 was amended by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
12 WSTC 305.452 was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
13 WSTC 305.453 was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
14 WSTC 305.457 was repealed from Chapter 305 by Tribal Council Resolution No. 8044, adopted June 19, 1990.
15 WSTC 305.483 was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
16 Section VI was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July 27, 2009 to replace WSTC 305.466 and WSTC 305.467.
17 Section VII was added to Chapter 305 by Tribal Council Resolution No. 11,098, adopted July 27, 2009.
18 WSTC 305.715 (formerly 305.515) was amended by Tribal Council Resolution No. 7537 approved February 12,
1988.