Chapter 4.15
PROPERTY-RELATED OFFENSES

Sections:

4.15.010    Arson.

4.15.020    Burglary.

4.15.030    Fraud.

4.15.040    Obtaining a signature by deception or duress.

4.15.050    Criminal impersonation.

4.15.060    Extortion.

4.15.070    Desecration of religious sites.

4.15.080    Trespass.

4.15.090    Theft.

4.15.100    Unlawful issuance of checks.

4.15.110    Receiving stolen property.

4.15.120    Vandalism/unauthorized use.

4.15.130    Forgery.

4.15.140    Obscuring the identity of a machine.

4.15.150    Cutting timber without a permit.

4.15.160    Unauthorized use of Tribal identification card.

4.15.010 Arson.

Any person who knowingly causes a fire on his or her own property or that of another and thereby places the person or the property of another in danger of damage or destruction or causes damage or destruction to the person or property of another shall be guilty of a Class A offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.010.]

4.15.020 Burglary.

Any person who enters or remains unlawfully in any building, structure, or vehicle with intent to commit an offense therein shall be guilty of a Class B offense. In any prosecution for burglary, intent to commit an offense may be inferred from entering or remaining unless it can be explained by sufficient evidence to the trier of fact to have been made without criminal intent. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.020.]

4.15.030 Fraud.

Any person who obtains money or other property by deceit, willful misrepresentation or false interpretation shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.030.]

4.15.040 Obtaining a signature by deception or duress.

Any person who causes another person to sign or execute a written instrument by employing deception or duress and with intent to defraud and deprive shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.040.]

4.15.050 Criminal impersonation.

Any person who:

A. Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or

B. Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.050.]

4.15.060 Extortion.

Any person who knowingly obtains or attempts to obtain property or services of another by threat shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.060.]

4.15.070 Desecration of religious sites.

Any person who removes artifacts or other items from any burial grounds or from any traditional, sacred, or religious area of the Confederated Tribes of the Chehalis Reservation, or otherwise desecrates in any fashion such grounds or areas, shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.070.]

4.15.080 Trespass.

Any person who knowingly enters lands or buildings of another: (A) which are posted, fenced, or otherwise enclosed in a manner designed to exclude intruders; or (B) who refuses to leave immediately on request of the owner, occupant, or caretaker of the property, or on request of a law enforcement officer, shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.080.]

4.15.090 Theft.

Any person who takes the property of another with intent to deprive the other person of the property or obtains services which he or she knows are available only for compensation in a manner designed to avoid payment shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.090.]

4.15.100 Unlawful issuance of checks.

Any person who, with intent to defraud, makes, draws, utters, or delivers to another person any check, or draft, on a bank or other depository for the payment of money, and he or she knows at the time of such drawing, or delivery, that he or she does not have sufficient funds in, or credit with, said bank or depository, to cover the check or draft, in full upon its presentation, shall be guilty of unlawful issuance of checks. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivering of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud. Unlawful issuance of checks is a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.100.]

4.15.110 Receiving stolen property.

Any person who possesses, receives, conceals, or aids in receiving or concealing property which he or she knew or reasonably should have known was obtained by any unlawful means shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.110.]

4.15.120 Vandalism/unauthorized use.

Any person who uses, injures or destroys public or private property of any kind, not his own, with malice or without authority, shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.120.]

4.15.130 Forgery.

Any person who signs, executes, alters or falsifies any written document, check, currency or written instrument with intent to defraud shall be guilty of a Class C offense. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.130.]

4.15.140 Obscuring the identity of a machine.

Any person who knowingly obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it unidentifiable; or possesses a vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured shall be guilty of a Class C offense. “Obscure” means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.140.]

4.15.150 Cutting timber without a permit.

Any person who cuts timber, standing or fallen, on Tribal property without first obtaining a permit from the Business Committee or who cuts timber, standing or fallen, on the property of another person without first obtaining the owner’s permission shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.150.]

4.15.160 Unauthorized use of Tribal identification card.

Any person who loans his Tribal identification card to another or who borrows the Tribal identification card of another shall be guilty of a Class D offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.3.160.]