Chapter 5.12 CRIMINAL CODE

The Puyallup Tribal Council adopts this chapter to provide for the maintenance of law and order for the benefit of all Indians within the jurisdiction of the Puyallup Tribe of Indians. [Res. 130691 (06/13/91); prior code § 5.03.010]

5.12.020 Jurisdiction.

The Puyallup Tribal Court is vested with personal, subject matter and territorial jurisdiction to the extent permitted under the Constitutions and laws of the Puyallup Tribe and the United States of America and the Puyallup Claims Settlement Agreement dated August 27, 1988. [Res. 130691 (06/13/91); prior code § 5.03.020]

5.12.030 Officers to enforce title.

All Enforcement Officers commissioned by the Puyallup Tribal Council or the United States government shall have authority to enforce this title. In addition, those commissioned officers of other jurisdictions which have entered into the Local Law Enforcement Mutual Aid Agreement shall also have authority to enforce this title. Any Enforcement Officer shall upon request produce evidence of his or her commission. [Res. 130691 (06/13/91); prior code § 5.03.030]

5.12.040 Criminal procedure.

Chapter 4.04 PTC, entitled “Rules of Criminal Procedure of the Puyallup Tribe,” is applicable to the offenses enumerated in this chapter. [Res. 130691 (06/13/91); prior code § 5.03.040]

5.12.050 Domestic violence crimes – General.

In order to have the label of domestic violence attached to a charge (for example, assault-domestic violence) the victim must be a spouse or former spouse of the alleged perpetrator; has a child jointly with the alleged perpetrator; currently resides with or has resided with the alleged perpetrator; is related by blood or marriage to the alleged perpetrator; or is currently having or has had an intimate or dating relationship with the alleged perpetrator during the past 10 years. [Res. 251000D (10/25/00); prior code § 5.03.045]

5.12.060 Sentencing.

Criminal offenses within this chapter shall be sentenced according to the class of offense. The Court, in its discretion, may suspend all or part of a sentence, including minimum sentences, upon the performance of conditions imposed upon the defendant. The following sentences shall be imposed for each class:

Class C –	No more than 30 days in jail; or a fine not to exceed $500.00; or both;
Class B –	No more than 90 days in jail; or a fine not to exceed $1,000; or both;
Class A –	No more than one year in jail; or a fine not to exceed $5,000; or both.

[Res. 130691 (06/13/91); prior code § 5.03.050]

5.12.070 Enhancement of penalties for multiple offenses for domestic violence cases.

When a defendant admits to, pleads guilty to, or has been found guilty of two or more crimes involving domestic violence within five years, the penalty shall be enhanced by one degree above the penalty otherwise provided for that offense. [Res. 251000D (10/25/00); prior code § 5.03.055]

5.12.080 Unclassified offenses.

Any person who commits a criminal offense which is not classified under the provisions of this chapter shall, upon conviction of such offense, be sentenced to not more than one year in jail or a fine not to exceed $5,000 or both. [Res. 130691 (06/13/91); prior code § 5.03.060]

5.12.090 Statute of limitations.

No complaints shall be filed charging the commission of an offense as defined by this chapter unless the offense shall have been committed within the time period for that class of offense as follows:

Class A	Five years
Class B	Three years
Class C	Two years

Provided, that the prosecution of the offense by a separate sovereign shall toll this statute for the duration of that proceeding, including all appeals. [Res. 040894A (08/04/94) § 1; prior code § 5.03.070]

5.12.100 Definitions.

(a) “Coercion” means:

(1) Causing harm or threatening to cause harm to any person;

(2) Using physical force or threatening to use physical force against any person;

(3) Abusing or threatening to abuse the law or legal process;

(4) Threatening to report the immigration status of any person to governmental authorities; or

(5) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport, labor, immigration document, or other government identification document, including a driver’s license or birth certificate.

(b) “Commercial sexual activity” means any sexual act or sexually explicit exhibition for which anything of tangible value is given, promised to a person, or received by a person.

(d) “Incest” means purposely or knowingly marries or has sexual intercourse with a son, daughter, grandson, granddaughter, brother, sister, stepson, stepdaughter, ancestor or descendant who is within the third degree.

(e) “Juvenile” for purposes of sex offense convictions is defined as a person under the age of 18.

(f) Rape. A person commits the offense of rape if he/she engages in sexual intercourse with another without consent, by either threat of force, reasonable apprehension of harm or the victim is unconscious.

(g) “Sexual abuse” is the illegal sex acts performed against a minor by a parent, guardian, relative or acquaintance.

(h) “Sexual assault” means knowingly engaging in sexual intercourse or sexual contact with any person, without the consent of such person.

(i) “Sexual contact” means any touching of the sexual or intimate parts of the person for the purpose of arousing or gratifying the sexual desire of either party.

(j) “Sexual intercourse” means penetration of the vulva, anus or mouth of one person by the penis of another person, penetration of the vulva or anus of one person by any body member of another person or penetration of the vulva or anus of one person by any foreign instrument or object manipulated by another person. Any penetration, however slight, is sufficient.

(k) “Sexual offender” means a person convicted in the commission or attempt of a sexual oriented offense against another.

(l) “Sodomy” means anal copulation between human beings.

(m) “Sexual act” means:

(1) Contact between the penis and the vulva or the penis and the anus, and for purposes of this subsection contact involving the penis occurs upon penetration, however slight;

(2) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

(3) The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or

(4) The intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(n) “Without consent” means the victim is compelled to submit by force and/or reasonable apprehension of harm against himself/herself or another, or the victim is incapable of consent because he/she is:

(1) Mentally defective or incapacitated.

(2) Physically helpless.

(3) Less than 16 years of age.

(4) Unconscious.

(o) “Force” means the infliction or threat of bodily injury, or the commission of a forcible felony by the offender, or the threat of substantial retaliatory action that causes the victim to reasonably believe that the offender has the ability to execute a threat. [Res. 230818A (08/23/18); Res. 201212B (12/20/12)]

Subchapter 2. Offenses Against the Person

5.12.110 Assault.

Any person who intentionally attempts or threatens to inflict bodily harm on another person through force or violence shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.110. Formerly 5.12.100]

5.12.120 Battery.

Any person who intentionally strikes another person or otherwise inflicts bodily harm shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.120. Formerly 5.12.110]

5.12.130 Aggravated assault.

Any person who uses a deadly weapon to commit an assault or battery as defined herein shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.130. Formerly 5.12.120]

5.12.140 Reckless endangerment.

Any person who recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.140. Formerly 5.12.130]

5.12.150 Robbery.

Any person who forcefully takes personal property from the person of another or by threat of injury to that person or his property shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.150. Formerly 5.12.140]

5.12.160 Criminal homicide.

Any person who knowingly, recklessly, or negligently causes the death of another human being shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.160. Formerly 5.12.150]

5.12.170 Unlawful imprisonment.

Any person who knowingly restrains another without lawful authority shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.170. Formerly 5.12.160]

5.12.180 Kidnapping.

Any person who restrains another by use of threat of deadly force or holds another in a place where he or she is not likely to be found, with intent:

(a) To hold him or her for ransom, as a shield, or as a hostage; or

(b) To inflict bodily injury on him or her; or

shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.180. Formerly 5.12.170]

5.12.185 Human trafficking.

(a) Offense. A person commits the Class A offense of human trafficking by knowingly:

(1) Recruiting, soliciting, enticing, transporting, or obtaining a person by any means with the intent to compel the person by force, fraud, or coercion to engage in labor, services, or commercial sexual activities;

(2) Recruiting, soliciting, enticing, transporting, or obtaining a person by any means under the age of 18 years of age with the intent the person will engage in any commercial sexual activity;

(3) Benefiting financially or receiving any tangible value from the labor, services, or commercial sexual activity of another person compelled by force, fraud, or coercion; or

(4) Using the labor or services of a person with the prior knowledge that such labor or services were compelled by force, fraud, or coercion.

(b) Inter/Intra-Agency Cooperation and Training.

(1) Tribal Law Enforcement, the Prosecutor’s Office, the Tribe’s CDVAP Program, and any other relevant Tribal agency shall cooperate, as appropriate or as directed, with one another to prevent trafficking crimes, prosecute trafficking crimes, and protect the victims of trafficking without violating the victims’ right to privacy.

(2) Any Tribal employee who has reasonable cause to suspect that any person has committed an offense under subsections (a)(1) through (4) of this section must immediately report the suspicion to the Tribal Law Enforcement, the Prosecutor’s Office, or the Tribe’s CDVAP Program.

(3) All relevant Tribal agencies must participate in relevant training programs, as directed, in order to:

(A) Identify victims and traffickers;

(B) Identify the travel documents and types of travel documents used to cross the border for the purpose of human trafficking;

(D) Identify the best practices to prevent and combat human trafficking; and

(E) Assist and protect victims, witnesses, or both.

(4) All Tribal agencies must cooperate, as appropriate or as directed, with nongovernmental organizations, institutions, and international organizations to develop and implement policies, programs, and measures designed to prevent and combat human trafficking as well as protect victims. [Res. 230818A (08/23/18)]

5.12.190 Intimidation.

Any person who threatens another with intent to force the other person to act against his will shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.190. Formerly 5.12.180]

5.12.200 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. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.200. Formerly 5.12.190]

5.12.210 Harassment.

A person commits the offense of harassment by intentionally harming or harassing, annoying, or causing emotional distress or physical harm to another person where a reasonable person would feel harassed, annoyed, emotionally distressed or otherwise harmed, while within the boundaries of the Puyallup Indian Reservation. This is a Class B offense. [Res. 201212B (12/20/12); Res. 251000D (10/25/00); prior code § 5.03.255. Formerly 5.12.260]

5.12.220 Physical stalking.

A person commits the offense of physical stalking by:

(a) Intentionally following, or encouraging, soliciting, or making another person follow the victim to the victim’s home, school, place of employment, business, or any other location, or follows the victim while the victim is in transit between locations; or

(b) Continuing to follow the victim after being notified by Law Enforcement that the victim does not want to be followed or causes the victim emotional distress or physical harm;

while within the boundaries of the Puyallup Indian Reservation. This is a Class C offense. [Res. 201212B (12/20/12); Res. 251000D (10/25/00); prior code § 5.03.260. Formerly 5.12.270]

5.12.230 Telephone stalking.

A person commits the offense of telephone stalking by intentionally making or encouraging, soliciting, or having another person make repeated telephone or pager calls to the victim, or the victim’s family or friends, and a reasonable person would feel annoyed, harassed, threatened, intimidated, emotionally distressed or otherwise harmed, while within the boundaries of the Puyallup Indian Reservation. This is a Class C offense. [Res. 201212B (12/20/12); Res. 251000D (10/25/00); prior code § 5.03.265. Formerly 5.12.280]

5.12.240 Electronic stalking.

A person commits the offense of electronic stalking by sending or encouraging, soliciting, or making another person send repeated messages through the use of a computer, facsimile machine, cellular phone or other electronic device to the victim, the victim’s family or friends, and a reasonable person would feel annoyed, harassed, threatened, intimidated, emotionally distressed or otherwise harmed, while within the boundaries of the Puyallup Indian Reservation. This is a Class C offense. [Res. 201212B (12/20/12); amended during 2010 recodification; Res. 251000D (10/25/00); prior code § 5.03.270. Formerly 5.12.290]

5.12.250 Mail stalking.

A person commits the offense of mail stalking by:

(a) Placing mail orders in the victim’s name for items which require payment upon arrival at the victim’s residence or work without the victim’s knowledge or consent; or

(b) Sending or encouraging, soliciting, or making someone else send repeated messages through the use of the mail to the victim, or the victim’s family or friends, and a reasonable person would feel annoyed, harassed, threatened, intimidated, emotionally distressed or otherwise harmed;

while within the boundaries of the Puyallup Indian Reservation. This is a Class C offense. [Res. 201212B (12/20/12); Res. 251000D (10/25/00); prior code § 5.03.275. Formerly 5.12.300]

5.12.255 Violation of no contact or protective orders.

(a) Tribal law enforcement officers shall take into custody any person who the officer has probable cause to believe has willfully violated a no contact or protective order issued by the Puyallup Tribal Court or issued by another court.

(1) A “no contact order” means a court order issued in a civil or criminal proceeding requiring the named party to have no contact with and to refrain from harassing a protected party, persons residing with the protected party, or members of the protected party’s family.

(2) A “protective order” means a court order issued in a civil proceeding to prevent continuing acts or threats of violence against a protected party.

No contact and protective orders may contain additional terms and conditions specific to the case.

(b) All provisions of a no contact or protective order issued by any court shall remain in full force and effect until the order terminates or is modified by the issuing court.

(c) Willful violation of a no contact or protective order issued by the Puyallup Tribal Court is a Class A offense. Any defendant who is found guilty of violating the terms of a no contact or protective order may also, subject to the Tribal Court’s discretion, be held in contempt of court, and the Court may impose such sanctions as it deems appropriate.

(d) Willful violation of a protective order issued by another court against a Puyallup Tribal member or member of another tribe is a Class A offense. Willful violation of a no contact or protective order issued against a non-Indian is a civil violation that may be punishable in the same manner as a civil contempt of court.

(e) The victim’s consent is not a defense to a violation of no contact or protective order. [Res. 180214A (02/18/14)]

Subchapter 3. Offenses Against the Person of a Sexual Nature

5.12.260 Registered sex offender.

Any Native American, whether a member of the Puyallup Tribe or any other federally recognized Tribe, who is convicted of any of the offenses enumerated in this subchapter, or any offense of a sexual nature from any other jurisdiction, will be required to register as a sex offender and must comply with “The Puyallup Tribe of Indians Sex Offender and Notification Code” and the “Puyallup Tribe of Indians Sex Offender Registration and Notification Act (‘SORNA’) Policies and Procedures Manual.” [Res. 201212B (12/20/12)]

5.12.270 Failure to register.

In the event of a sex offender who is required to register fails to do so shall be guilty of failure of register and shall be subject to a period of incarceration as follows:

(a) First offense: Mandatory 30 days in jail, $250.00 fine and increased supervision.

(b) Second offense: Mandatory six months in jail, $500.00 fine and increased supervision.

(d) Fourth and subsequent offenses: Mandatory 12 months in jail, $5,000 fine. [Res. 201212B (12/20/12)]

5.12.280 Attempts and conspiracies.

Any person who attempts or conspires to commit any sex offense defined in this subchapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

(a) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.

(b) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement. [Res. 201212B (12/20/12)]

5.12.290 Abusive sexual contact.

Whoever, in the Puyallup Tribal Jail, where persons are held in custody, knowingly engages in “sexual conduct” with another person without that other person’s permission shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.300 Certain activities relating to material constituting or containing child pornography.

(a) Any person who knowingly receives, conspires, or distributes child pornography through the computer or by any other means shall be guilty of a Class A offense.

(b) It shall be an affirmative defense to this charge that:

(1) Each such person was an adult at the time the material was produced; or

(2) The alleged child pornography was not produced using any actual minor or minors; or

(3) The alleged pornographer reported the matter to a law enforcement agency and afforded that agency access to each such image. [Res. 201212B (12/20/12)]

5.12.310 Certain activities relating to material involving the sexual exploitation of minors.

Any person who:

(a) Knowingly sells or possesses any visual depiction involving a minor engaging in sexually explicit conduct by computer or any other means shall be guilty of a Class A offense.

(b) This includes books, magazines, periodicals, films, video tapes, or other matter which contains any visual depiction.

(c) Affirmative Defense. It shall be an affirmative defense to said charge if the person took reasonable steps to destroy each such visual depiction; or reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction. [Res. 201212B (12/20/12)]

5.12.320 Child molestation in the first degree.

(a) A person is guilty of child molestation when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another who is less than 12 years old and not married to the perpetrator and the perpetrator is at least 24 months older than the victim.

(b) Child molestation in the first degree is a Class A offense. [Res. 201212B (12/20/12)]

5.12.330 Child molestation in the second degree.

(a) A person is guilty of child molestation when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another who is at least 12 years old but less than 14 years old and not married to the perpetrator and the perpetrator is at least 36 months older than the victim.

(b) Child molestation in the second degree is a Class A offense. [Res. 201212B (12/20/12)]

5.12.340 Child molestation in the third degree.

(a) A person is guilty of child molestation when the person has, or knowingly causes another person under the age of 18 to have, sexual contact with another who is at least 14 years old but under 16 years old and not married to the perpetrator and the perpetrator is at least 48 months older than the victim.

(b) Child molestation in the third degree is a Class A offense. [Res. 201212B (12/20/12)]

5.12.350 Coercion and enticement.

Whoever persuades, induces, entices, or coerces any individual who has not attained the age of 18 years to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.360 Custodial sexual misconduct.

(a) A person is guilty of custodial sexual misconduct when the person has sexual intercourse with another person:

(1) When:

(A) The victim is a resident of correctional facility, including but not limited to jails, detention centers, or work release facilities, or is under correctional supervision; and

(B) The perpetrator is an employee or contract personnel of a correctional agency and the perpetrator has, or the victim reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or

(2) When the victim is detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.

(b) Consent of the victim is not a defense to a prosecution under this section.

5.12.370 Criminal trespass against children.

(a) A person is guilty of the crime of criminal trespass against children if he or she:

(1) Is a registered sex offender; and

(2) Is court-ordered to stay away from certain premises where children may be located.

(b) Criminal trespass against children is a Class B offense. [Res. 201212B (12/20/12)]

5.12.380 Filing factual statement about an alien individual.

(a) Whoever keeps, maintains, controls, supports or harbors in any house or place for the purpose of prostitution, or for any other immoral purpose, any individual, knowingly or in reckless disregard of the fact that he/she is an alien, shall file with the Commissioner of the Immigration and Naturalization Service (“INS”) a statement in writing giving the name, address and all facts concerning the individual’s entry into the United States.

(b) If found guilty, this is a Class C offense. [Res. 201212B (12/20/12)]

5.12.390 Indecent exposure.

Any person who makes open and obscene exposure of his or her person or the person of another, knowing that such conduct is likely to cause reasonable affront or alarm to others, is guilty of a Class C offense. This excludes a person urinating or defecating in public. [Res. 201212B (12/20/12)]

5.12.400 Indecent liberties.

(a) A person is guilty of indecent liberties when he or she knowingly causes another person who is not his or her spouse to have sexual contact with him or her or another:

(1) By forcible compulsion;

(2) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;

(3) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:

(A) Has supervisory authority over the victim; or

(B) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;

(4) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

(5) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(6) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:

(A) Has a significant relationship with the victim; or

(B) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

(b) Indecent liberties is a Class A offense. [Res. 201212B (12/20/12)]

5.12.410 Kidnapping of a minor for sexual purposes.

Any person who restrains a minor by use of threat of deadly force or holds a minor (under age 18) in a place where he or she is not likely to be found, with intent to have sexual contact with the minor, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.420 Misleading domain names on the Internet.

(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material constituting obscenity shall be guilty of a Class A offense.

(b) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as “sex” or “porn,” is not misleading.

(c) For the purposes of this section, the term “obscenity” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context:

(1) Predominantly appeals to a prurient interest of minors;

(2) Is patently offensive to prevailing standards of a reasonable person, in the adult community as a whole with respect to what is suitable material for minors; and

(3) Lacks serious literary, artistic, political, or scientific value for minors.

(d) For the purposes of subsection (b) of this section, the term “sex” means acts of masturbation, sexual intercourse, or physical contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal. [Res. 201212B (12/20/12)]

5.12.430 Misleading words or digital images on the Internet.

(a) Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a person into viewing material constituting obscenity shall be guilty of a Class A offense.

(b) Minors. Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be guilty of a Class A offense.

(c) Construction. For the purposes of this section, a word or digital image that clearly indicates the sexual content of the site, such as “sex” or “porn,” is not misleading.

(d) Definitions. As used in this section:

(1) The term “source code” means the combination of text and other characters comprising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol or functional content, as well as any successor languages or protocols. [Res. 201212B (12/20/12)]

5.12.440 Offenses resulting in death.

A person who, in the course of a sex offense under this subchapter, murders an individual shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.450 Permitting prostitution of a minor.

(a) A person is guilty of permitting prostitution if, having possession or control of premises which s/he knows are being used for prostitution purposes of a minor, s/he fails without lawful excuse to make reasonable effort to halt or abate such use.

(b) Permitting prostitution of a minor is a Class A offense. [Res. 201212B (12/20/12)]

5.12.460 Production of sexually explicit depictions of a minor for importation into the United States.

(a) Use of Minor. A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, intending that the visual depiction will be imported or transmitted into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c) of this section.

(b) Use of Visual Depiction. A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c) of this section.

5.12.470 Promoting prostitution of a minor.

(a) A person is guilty of promoting prostitution of a minor (under the age of 18), and he or she knowingly advances prostitution, by compelling a person by threat or force to engage in prostitution or profits from prostitution which results from such threat or force.

(b) Promoting prostitution of a minor is a Class A offense. [Res. 201212B (12/20/12)]

5.12.480 Rape.

A person who engages in sexual intercourse where there is a threat of harm to the person or property of the victim, or without the other’s consent, or when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.490 Rape of a child in the first degree.

(a) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than 12 years old and not married to the perpetrator and the perpetrator is at least 24 months older than the victim.

(b) Rape of a child in the first degree is a Class A offense. [Res. 201212B (12/20/12)]

5.12.491 Rape of a child in the second degree.

(a) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least 12 years old but less than 14 years old and not married to the perpetrator and the perpetrator is at least 36 months older than the victim.

(b) Rape of a child in the second degree is a Class A offense. [Res. 201212B (12/20/12)]

5.12.492 Rape of a child in the third degree.

(a) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least 14 years old but less than 16 years old and not married to the perpetrator and the perpetrator is at least 48 months older than the victim.

(b) Rape of a child in the third degree is a Class A offense. [Res. 201212B (12/20/12)]

5.12.500 Selling or buying of children.

Any parent, legal guardian, or other person having custody of control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor either:

(a) With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or

(b) With intent to promote either:

(1) The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or

(2) The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

5.12.510 Sexual abuse.

Whoever, in the Puyallup Tribal Jail, where persons are held in custody by direction of or pursuant to a contract or agreement with the head of any department or agency, knowingly:

(a) Causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or

(b) Engages in a sexual act with another person if that other person is:

(1) Incapable of appraising the nature of the conduct; or

(2) Physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;

or attempts to do so, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.520 Sexual abuse of a minor or ward.

(a) Of a Minor. Whoever knowingly engages in a sexual act with another person who:

(1) Has attained the age of 12 years but has not attained the age of 16 years; and

(2) Is at least 48 months younger than the person so engaging;

or attempts to do so, shall be guilty of a Class A offense.

(b) Of a Ward. Whoever knowingly engages in a sexual act with another person who is:

(1) In official detention; and

(2) Under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be guilty of a Class A offense.

(3) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.

(c) State of Mind Proof Requirement. In a prosecution under subsection (a) of this section, the government need not prove that the defendant knew:

(1) The age of the other person engaging in the sexual act. [Res. 201212B (12/20/12)]

5.12.530 Sexual assault.

A person who commits sexual assault by intentionally engaging in sexual contact with any person, without the consent of such person, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.540 Sexual assault of a minor.

A person who commits sexual assault of a minor by being 18 years of age or older and intentionally engaging in sexual contact with any person 16 years of age or younger, without the consent of such person, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.550 Sexual assault with a weapon.

A person who commits sexual assault with a weapon by intentionally engaging in sexual intercourse or sexual contact with any person, without the consent of such person, involving the use or threat to use a deadly weapon or a dangerous instrument shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.560 Sexual exploitation of children.

(a) Any person, parent, legal guardian, or person having custody or control of a minor, who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be guilty of a Class A offense.

(b) Any person who knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering; or

(c) Receives, exchanges, buys, produces, displays, distributes, or reproduces any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or

(d) Participates in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.570 Sexual abuse resulting in death.

A person who, in the course of an offense under this subchapter, engages in sexual conduct that results in the death of a person shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.580 Sexual misconduct with a minor.

(a) A person is guilty of sexual misconduct with a minor when:

(1) The person has, or knowingly causes another person under the age of 18 to have, sexual intercourse with another person who is at least 16 years old but less than 18 years old and not married to the perpetrator, if the perpetrator is at least 60 months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of 18 to engage in sexual intercourse with the victim;

(2) The person is a school employee who has, or knowingly causes another person under the age of 18 to have, sexual intercourse with an enrolled student of the school who is at least 16 years old and not more than 21 years old and not married to the employee, if the employee is at least 60 months older than the student; or

(3) The person is a foster parent who has, or knowingly causes another person under the age of 18 to have, sexual intercourse with his or her foster child who is at least 16.

(b) Sexual misconduct with a minor is a Class A offense.

(1) “Enrolled student” means any student enrolled at or attending a program hosted or sponsored by a common school, or a student enrolled at or attending a program hosted or sponsored by a private school, or any person who receives home-based instruction.

(2) “School employee” means an employee of a common school, or a grade kindergarten through 12, or an employee of a private school. [Res. 201212B (12/20/12)]

5.12.590 Sex trafficking of children or by force, fraud, or coercion.

(a) Whoever knowingly:

(1) Recruits, entices, harbors, transports, provides, obtains, or maintains by any means a person; or

(2) Benefits financially, or by receiving anything of value, from participation in a venture by use of an act described in subsection (a)(1) of this section, knowingly, or in reckless disregard thereof, by means of force, threats of force, fraud, coercion or any combination of such means, causes a person to engage in a commercial sex act who has not attained the age of 18 years, shall be punished under a Class A offense.

(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B offense.

(c) The term “commercial sex act” means any sex act, on account of which anything of value is given to or received by any person. [Res. 201212B (12/20/12)]

5.12.600 Sexually violating human remains.

Any person who has sexual intercourse or sexual contact with a dead human body is guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.610 Transmitting information about a minor to further criminal sexual conduct.

Whoever knowingly initiates the transmission of the name, address, telephone number, Social Security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.620 Transportation of minors for prostitution or illegal sexual activity.

Whoever knowingly transports any individual minor on the reservation with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.630 Unlawful imprisonment of a minor for sexual purposes.

Any person who knowingly restrains a minor without lawful authority and for sexual purposes shall be guilty of a Class A offense. [Res. 201212B (12/20/12)]

5.12.640 Video voyeurism.

(a) Whoever has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be guilty of a Class B offense.

(b) In this section:

(1) The term “capture,” with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;

(2) The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;

(3) The term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;

(4) The term “female breast” means any portion of the female breast below the top of the areola; and

(5) The term “under circumstances in which that individual has a reasonable expectation of privacy” means:

(A) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured, or

(B) Circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.

(6) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity. [Res. 201212B (12/20/12)]

Subchapter 4. Property-Related Offenses

5.12.650 Arson.

Any person who knowingly causes a fire on his property or that of another placing the person or property of another in danger of damage or destruction or causing damage or destruction to the person or property of another shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.310. Formerly 5.12.310]

5.12.660 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 A offense. In any prosecution for burglary or attempt to commit 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. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.320. Formerly 5.12.320]

5.12.670 Fraud.

Any person who obtains money or other property by deceit, willful misrepresentation or false impersonation shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.330. Formerly 5.12.330]

5.12.680 Obtaining 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. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.340. Formerly 5.12.340]

5.12.690 Criminal impersonation.

Any person who:

(a) Assumes a false identity and commits an act in his assumed character with intent to defraud another or for any unlawful purpose; or

(b) Pretends to be a representative of some person or organization or a public servant and commits an act in his pretended capacity with intent to defraud another or for any unlawful purpose;

shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.350. Formerly 5.12.350]

5.12.700 Criminal trespass.

Any person who knowingly enters lands or buildings of another which are posted, fenced or otherwise enclosed in a manner designed to exclude intruders or who refuses to leave immediately upon request of the owner, occupant or caretaker of the property or upon request of a Law Enforcement Officer shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.360. Formerly 5.12.360]

5.12.710 Vehicle prowling.

A person commits the offense of vehicle prowling if a person enters or remains unlawfully in any vehicle, including but not limited to a motor home or a boat, while within the boundaries of the Puyallup Indian Reservation. This is a Class C offense. [Res. 201212B (12/20/12); Res. 251000D (10/25/00); prior code § 5.03.365. Formerly 5.12.370]

5.12.720 Theft.

Any person who takes the property of another without permission of that person or obtains services which are available only for compensation in a manner designed to avoid payment shall be guilty of one of the following offenses:

(a) Theft of property or services which exceed $1,500 in value shall be a Class A offense;

(b) Theft of property or services which exceeds $250.00 but is less than $1,500 in value shall be a Class B offense;

(c) Theft of property or services which does not exceed $250.00 shall be a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.370. Formerly 5.12.380]

5.12.730 Unlawful issuance of a check.

Any person who with intent to defraud, make, draw, utter, or deliver to another any check or draft drawn on a bank or the depository for the payment of money, knowing at the time of such drawing or delivery that there are not sufficient funds to meet the check or draft upon its presentation, shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.380. Formerly 5.12.390]

5.12.740 Receiving stolen property.

Any person who possesses, receives, conceals or aids in receiving or concealing property which he knows or should know was obtained by unlawful means shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.390. Formerly 5.12.400]

5.12.750 Vandalism/unauthorized use.

Any person who intentionally uses, injures or destroys public or private property of any kind, not his own, without authority shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.400. Formerly 5.12.410]

5.12.760 Forgery.

Any person who signs, executes, alters or falsifies any written documents, checks, or instruments with intent to defraud or mislead shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.410. Formerly 5.12.420]

5.12.770 Unauthorized use of Tribal identification card.

Any person who loans his Tribal identification card to another or borrows the Tribal identification card of another is guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.420. Formerly 5.12.430]

Subchapter 5. Offenses Against the Community Peace, Morals, Safety, and Welfare

5.12.780 Carrying a concealed firearm.

Any person who knowingly conceals a firearm upon his person or who carries a firearm which is not within plain view in the passenger compartment of his vehicle shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.510. Formerly 5.12.440]

5.12.790 Unlawful discharge of a firearm or other device.

Any person who discharges a firearm or other harmful device which propels a missile capable of causing injury in any manner:

(a) Creating a nuisance or hazard; or

(b) From or across any road; or

(d) Causing a projectile to pass within one-quarter mile of any building; or

(e) Knowingly allows any person for whom he or she is responsible to discharge a firearm or harmful device in violation of this section;

shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.520. Formerly 5.12.450]

5.12.800 Riot.

Any person acting with three or more others who knowingly uses or threatens force or participates in the use of force against another person or property is guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.530. Formerly 5.12.460]

5.12.810 Gambling.

Any person who operates any gambling game or device without authorization from the Puyallup Tribal Council and the Puyallup Tribal Gaming Commission shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.540. Formerly 5.12.470]

5.12.820 Interference with community gatherings.

Any person who intentionally interferes with the participation of another at a funeral, religious gathering, sporting event, bingo event, Tribal business activity, powwow or other community gathering shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.550. Formerly 5.12.480]

5.12.830 Disturbing the peace.

Any person who by means of loud noise or disruptive act endangers or disrupts the peace, tranquility, health or welfare of another is guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.560. Formerly 5.12.490]

5.12.840 Cruelty to animals.

Any person who abandons, neglects, tortures, needlessly annoys or cruelly mistreats any animal shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.580. Formerly 5.12.510]

5.12.850 Abandoning refrigeration equipment.

Any person who discards or abandons any refrigerator, icebox or deep freeze locker which has not had the door removed or secured to prevent opening or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.590. Formerly 5.12.520]

5.12.860 Allowing vicious animals at large.

Any person having the care or custody of any animal known to possess any vicious or dangerous tendency and allows the animal to escape or run at large in any place or manner likely to endanger the safety of others shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.600. Formerly 5.12.530]

5.12.870 Disorderly conduct.

Any person who:

(a) Uses abusive language intentionally creating a risk of battery; or

(b) Engages in fighting in a public place; or

shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.610. Formerly 5.12.540]

5.12.880 Failure to disperse.

Any person who congregates with three or more others, and there is conduct within that group which creates a substantial risk of injury to any person or to property, who refuses or fails to disperse when so ordered by a Law Enforcement Officer is guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.620. Formerly 5.12.550]

5.12.890 False reporting.

Any person with knowledge that information he reports, conveys or circulates is a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe or emergency shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.630. Formerly 5.12.560]

5.12.900 Telephone abuse.

Any person making a telephone call with intent to annoy, alarm, insult or taunt another shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.640. Formerly 5.12.570]

5.12.910 Prostitution or pandering.

Any person who shall offer or agree to engage in any sexual activity with another for a fee or who shall procure a prostitute for another or who shall knowingly receive any portion of that fee shall be deemed guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.650. Formerly 5.12.580]

5.12.920 Contribution to the criminal act of a minor.

Any person who by act or omission knowingly encourages, causes or contributes to the criminal act of a person under the age of 18 years of age who is not married or emancipated shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.660. Formerly 5.12.590]

5.12.930 Desecration of religious sites.

Any person who removes artifacts or other items from any burial grounds or from any traditional, sacred or religious area within the jurisdiction of the Puyallup Tribe of Indians shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.670. Formerly 5.12.600]

5.12.940 Maintaining a public nuisance.

Any person who maintains or allows his personal or real property to be in such condition as to pose a threat to the safety or health of others shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.680. Formerly 5.12.610]

5.12.950 Littering.

Any person who disposes of trash, garbage, waste or other litter without putting it in such place or receptacle designated or intended for such disposal shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.690. Formerly 5.12.620]

Subchapter 6. Alcohol-Related Offenses

5.12.960 Liquor violations.

Any person who possesses, trades, transports, or manufactures any alcoholic beverage for sale within the territorial jurisdiction of the Puyallup Tribe without authorization of the Tribe shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.710. Formerly 5.12.630]

5.12.970 Delivery of alcohol to persons under 21.

Any person who gives, sells, or trades any alcoholic beverage to a person under the age of 21 years shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.720. Formerly 5.12.640]

5.12.980 Minor in possession of alcohol.

Any person under the age of 21 years who possesses, purchases, consumes, obtains or sells any alcoholic beverage shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.730. Formerly 5.12.650]

5.12.990 Minor on premises.

Any person under the age of 21 years who is on a premises licensed by the Puyallup Tribe of Indians or the State of Washington or both to sell alcoholic beverages and is not in the company of his parent or guardian shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.740. Formerly 5.12.660]

Subchapter 7. Drug-Related Offenses

5.12.1000 Definitions.

All terms used in this subchapter shall be given their commonly accepted meaning. If there is doubt as to the meaning of a term, the Court shall be guided by the definitions of the Washington State Uniform Controlled Substances Act, RCW 69.50.101. RCW 69.50.101 is attached to this chapter and is hereby incorporated by reference. [Res. 201212B (12/20/12); Res. 061212D (12/06/12); Res. 130691 (06/13/91); prior code § 5.03.810. Formerly 5.12.670]

5.12.1010 Substances which are illegal without a valid prescription.

Any substance that contains any quantity of a chemical which falls within the following categories is illegal to possess without a valid prescription. The full list of chemicals contained within these categories can be found in sections of the RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212, the Washington State Uniform Controlled Substances Act. These sections are attached to this chapter and hereby incorporated by reference. If there is any doubt as to whether a substance is illegal or not, the Court shall be guided by the provisions of the Washington State Uniform Controlled Substances Act, Chapter 69.50 RCW et seq. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.820. Formerly 5.12.680]

5.12.1020 Illegal substances.

The following substances are illegal to possess:

(a) Opiates including but not limited to substances commonly known as opium, heroin, morphine, methadone and codeine;

(b) Hallucinogenic substances including but not limited to substances commonly known as DMA, LSD, PCP, mescaline, psilocybin and peyote; provided, that it shall not be unlawful for any member of the Native American Church to transport peyote, or buy, sell, possess or use peyote in any form, in connection with the religious practices, sacraments or services of the Native American Church;

(d) Depressants including but not limited to methaqualone, diazepam (valium), secobarbital and pentobarbital; and

(e) Stimulants including but not limited to any form of amphetamine; and

(f) Inhalants for the purpose of inducing intoxication (see chemical list Schedule VI). [Res. 201212B (12/20/12); Res. 061212D (12/06/12); Res. 040894A (08/04/94) §§ 2, 3; Res. 130691 (06/13/91); prior code § 5.03.830. Formerly 5.12.690]

5.12.1030 Proof of chemical composition.

Proof of chemical composition of a substance may be proved by any acceptable method of identification, including but not limited to identification by a trained Law Enforcement Officer, by field tests, or by laboratory tests. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.840. Formerly 5.12.700]

5.12.1040 Elements of offenses and penalties.

(a) Any person who knowingly possesses for personal use or grows for personal use any of the substances listed in PTC 5.12.1020 is guilty of a Class C offense.

(b) Any person who grows, manufactures, delivers or possesses with intent to sell, deliver, or manufacture any of the substances listed in PTC 5.12.1010 shall be guilty of a Class A offense.

(c) Any person who creates, delivers, or possesses a counterfeit illegal drug shall be guilty of a Class A offense. A “counterfeit illegal drug” is a substance which, although not in fact containing any illegal drug, or not in fact containing the drug it purports to contain, was intended to be understood by others to be a substance listed in PTC 5.12.1010.

(d) Any person who offers, arranges, or negotiates for the delivery of an illegal drug listed in PTC 5.12.1010 and then delivers any other substance in lieu of an illegal drug listed in PTC 5.12.1010 shall be guilty of a Class B offense.

(e) Any person who intentionally smells or inhales the fumes of any type of substance as defined in Schedule VI of the attached appendix, or induces any other person to do so, for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental process, shall be guilty of a Class B offense; provided, this section does not apply to the inhalation of any anesthesia for medical or dental purposes.

(f) Any person who sells, offers to sell, delivers, or gives to any other person any container of a substance containing a solvent having the property of releasing toxic vapors or fumes if he/she has knowledge that the product sold, offered for sale, delivered, or given will be used for the purposes set forth in subsection (e) of this section shall be guilty of a Class B offense. [Res. 230321 (03/23/21); Res. 201212B (12/20/12); Res. 040894A (08/04/94) § 3; Res. 130691 (06/13/91); prior code § 5.03.850. Formerly 5.12.710]

5.12.1050 Marijuana.*

In compliance with the laws of the State of Washington, it is legal for a person (age 21 and over) to possess marijuana (cannabis). All laws of the State of Washington regarding the possession of “marijuana” are incorporated by reference.

Prohibitions:

(a) In compliance with the laws of the State of Washington, a person cannot possess more than one ounce of usable marijuana; 16 ounces of marijuana-infused products in solid form; or 72 ounces of marijuana-infused products in liquid form. Violation of this section is a Class A offense.

(b) Marijuana cannot be sold on the Puyallup Reservation. A person cannot obtain a Puyallup Tribal business license to be a “marijuana processor” (a person who processes marijuana into usable marijuana products, including packaging, labeling and distributing); “marijuana producer” (person who sells marijuana wholesale to marijuana processors); or a “marijuana retailer” (person who sells usable marijuana and marijuana-infused products in a retail outlet).

(c) Marijuana in the Workplace. A person is prohibited from attending work under the influence of marijuana unless the person has a valid medical marijuana prescription issued by a practitioner duly authorized by law or rule in the State of Washington to prescribe controlled substances within the scope of his/her professional practice for a legitimate medical purpose.

(d) A person cannot use marijuana in any public place, or possess marijuana within public view, on the Reservation. Public view includes, but is not limited to, carrying marijuana in an open shirt pocket, an open purse, on the body of a person visible to the public, etc. Public places include, but are not limited to: Tribal schools; Tribal parking lots; Tribal government vehicles; Tribal businesses and enterprises; Tribal governmental offices; and Tribal medical clinics.

(e) Any person under the age of 21 years who possesses, purchases, consumes, obtains or sells marijuana shall be guilty of a Class C offense. [Res. 180214A (02/18/14); Res. 201212B (12/20/12); Res. 061212D (12/06/12). Formerly 5.12.715]

* Code reviser’s note: Resolution 061212D adds this section as Section 5.12.720. It has been editorially renumbered to avoid duplication of numbering.

Subchapter 8. Family-Related Offenses

5.12.1060 Incest.

Any person who engages in sexual intercourse or has sexual contact with a person whom he or she knows to be related to him or her, either legitimately or illegitimately, as an ancestor, descendant, brother, sister, first cousin, aunt, uncle, niece, or nephew shall be guilty of a Class A offense. As used in this section “descendant” includes stepchildren and adopted children. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.910. Formerly 5.12.720]

5.12.1070 Endangering the welfare of a child.

Any person who knowingly endangers the welfare of a child by violating a duty of care, protection or support or by intentionally leaving a child for whom he or she is responsible without care or by otherwise neglecting to care for such child in any manner which threatens serious harm to his or her physical or emotional well-being shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.920. Formerly 5.12.730]

5.12.1080 Bigamy.

Any person who intentionally marries or purports to marry another when either person has a living spouse shall be guilty of a Class B offense. In any prosecution under this section it is a defense that at the time of the subsequent or purported marriage:

(a) The defendant reasonably believed that the prior spouse was dead; or

(b) The defendant reasonably believed that a court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or

(c) The defendant reasonably believed that he was eligible to marry. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.930. Formerly 5.12.740]

5.12.1090 Interference with custody.

Any person who knowingly takes or entices a minor or incompetent person from the legal custody of a person, agency or institution or who fails to return a minor or incompetent person to another’s legal custody as required by the terms of a valid Court order shall be guilty of a Class C offense. In the event of a conviction for this offense, the Court shall take into consideration when sentencing the defendant the duration of the interference and the level of trauma resulting to the minor or incompetent. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.940. Formerly 5.12.750]

5.12.1100 Failure to support dependent persons.

Any person who, without reasonable excuse, refuses or neglects to furnish food, shelter or care to those dependent upon him or her under the laws or customs of the Puyallup Tribe shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.950. Formerly 5.12.760]

5.12.1110 Desertion and nonsupport of children.

Any person who deserts or willfully neglects or refuses to provide for the support or maintenance of his or her child, or of a child in his or her custody, when financially able to do so, shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.960. Formerly 5.12.770]

5.12.1120 Failure to send children to school.

Any person who, without good cause, fails to send his or her child or any child under his or her care to school when such child is six years of age or older and has not reached his or her sixteenth birthday or has not completed the tenth grade, whichever first occurs, shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.970. Formerly 5.12.780]

Subchapter 9. Offenses Related to Administration of Tribal Government

5.12.1130 Intimidation of a public servant.

Any person who uses force or violence against a public servant or who threatens a public officer shall be guilty of a Class A offense. A “public servant” is any elected or appointed official or employee of the Puyallup Tribe of Indians. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1010. Formerly 5.12.790]

5.12.1140 Misuse of funds.

Any person who appropriates Tribal property or funds for his own use or in a manner not authorized by law shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1020. Formerly 5.12.800]

5.12.1150 Official misconduct.

Any Tribal official who intentionally commits an unauthorized act or intentionally refrains from performing a duty imposed upon him or her by law shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1030. Formerly 5.12.810]

5.12.1160 Bribery.

Any person who offers or gives anything of value to any elected or appointed Tribal official or employee of the Puyallup Tribe of Indians with intent to influence his or her decision on any official matter is guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1040. Formerly 5.12.820]

5.12.1170 Accepting a bribe.

Any elected or appointed official or employee of the Puyallup Indian Tribe who accepts anything of value upon an understanding that a decision on an official matter shall be influenced thereby shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1050. Formerly 5.12.830]

5.12.1180 Perjury.

Any person who knowingly makes a false statement under oath in any proceeding in the Puyallup Tribal Court or in an official hearing of the Puyallup Indian Tribe or who induces another person to do so shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1060. Formerly 5.12.840]

5.12.1190 False statement.

Any person who knowingly makes a false statement in filing a petition for recall or in submittal of a written statement to Tribal Police shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1070. Formerly 5.12.850]

5.12.1200 False arrest.

Any person who knowingly makes or causes to be made any unlawful arrest or false charge against another shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1080. Formerly 5.12.860]

5.12.1210 Resisting arrest.

Any person who willfully resists arrest shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1090. Formerly 5.12.870]

5.12.1220 Resisting a lawful order.

Any person who fails to abide by a lawful order of a Law Enforcement Officer, whether verbal or written, shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1100. Formerly 5.12.880]

5.12.1230 Obstructing a public officer.

Any person who willfully interferes in any manner with the lawful process of a Law Enforcement Officer, a fireman, ambulance attendant or emergency medical technician shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1110. Formerly 5.12.890]

5.12.1240 Refusing to aid an officer.

Any person who fails to respond to a request for assistance by a Law Enforcement Officer, fireman, ambulance attendant or emergency medical technician shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1120. Formerly 5.12.900]

5.12.1250 Obstruction of justice.

Any person engaging in activities which interfere, or which may tend to interfere, with the complete and effective detection of crimes or rendering of justice shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1130. Formerly 5.12.910]

5.12.1260 Escape.

Any person in lawful custody for any offense who escapes or attempts to escape or any person who assists another to escape or attempt to escape from lawful custody shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1140. Formerly 5.12.920]

5.12.1270 Failure to appear.

Any person, having been released upon his or her personal recognizance or admitted to bail with the requirement of a subsequent personal appearance before the Puyallup Tribal Court, who knowingly fails without lawful excuse to appear as required shall be guilty of a Class C offense. Unless otherwise established, the failure to appear when required shall be presumed to have been without lawful excuse. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1150. Formerly 5.12.930]

5.12.1280 Flight to avoid prosecution.

Any person who willfully and knowingly flees from a Puyallup Tribe Law Enforcement Officer to avoid arrest shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1160. Formerly 5.12.940]

5.12.1290 Rendering criminal assistance.

Any person who with intent to prevent, hinder or delay the apprehension or prosecution of another person whom he knows committed a crime or is being sought by Law Enforcement Officials for the commission of a crime or has escaped from a detention facility and who:

(a) Harbors or conceals such person; or

(b) Warns such person of impending discovery or apprehension; or

(d) Prevents or obstructs, by use of force, deception or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or

(e) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension; or

(f) Provides such person with a weapon;

shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1170. Formerly 5.12.950]

5.12.1300 Intimidating a witness.

Any person who, by use of a threat, attempts to influence the testimony of a witness in any official proceeding or to induce the witness to be absent from the proceeding shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1180. Formerly 5.12.960]

5.12.1310 Intimidating a juror.

Any person who, by the use of a threat, attempts to influence the opinion, decision or vote of a juror or who induces the juror to be absent from any official proceeding shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1190. Formerly 5.12.970]

5.12.1320 Tampering with evidence.

Any person who tampers with, or alters in any substantial manner, any item which is identified as evidence in a criminal proceeding shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1200. Formerly 5.12.980]

5.12.1330 Criminal contempt.

Any person who engages in disorderly, contemptuous or insolent behavior during the sitting of the Tribal or Appellate Court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due its authority or who disobeys the lawful process, order or mandate of such Court shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1210. Formerly 5.12.990]

5.12.1340 Wrongfully influencing an election.

Any person who uses menace, force, threat, deceit or corrupt means at or previous to any election held pursuant to the laws of the Puyallup Tribe of Indians toward any voter to hinder, deter or deceive such voter from voting or to influence his or her vote at such election shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1220. Formerly 5.12.1000]

Subchapter 10. Other Offenses

5.12.1350 Criminal attempt.

Any person who with intent to commit a specific crime does any act which is a substantial step toward committing that crime shall be guilty of an offense which is one class lower than the offense attempted unless the offense attempted is a Class C offense. In the event the offense attempted is a Class C offense, a person who with the intent to commit any act which is a substantial step toward a Class C crime shall be guilty of a Class C offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1310. Formerly 5.12.1010]

5.12.1360 Aiding and abetting.

Any person who knowingly aids or abets another person to commit an act or engage in conduct which is unlawful under this chapter shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1320. Formerly 5.12.1020]

5.12.1370 Removal of landmarks or navigation markers.

Any person who removes, alters or destroys any land markers or navigation markers put in place either by the Puyallup Tribe of Indians or the United States of America shall be guilty of a Class B offense. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1330. Formerly 5.12.1030]

5.12.1380 Owning or working in a gaming operation without a license.

Any person who owns or works for an operation conducting any activity for which a license is required either under the Puyallup Tribe’s Gaming Code (Chapter 13.04 PTC) or Tribal Gaming Commission regulations without having obtained the applicable license shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 200597A (05/20/97); prior code § 5.03.1340. Formerly 5.12.1040]

5.12.1390 Unauthorized gambling.

Any person who engages in, or knowingly causes, aids, abets or conspires with another to engage in any gambling activities not authorized in accordance with the Puyallup Tribe’s Gaming Code (Chapter 13.04 PTC) or regulation of the Tribal Gaming Commission shall be guilty of a Class A offense. The term “gambling activities” as used in this section is defined in PTC 13.04.090. [Res. 201212B (12/20/12); Res. 200597A (05/20/97); prior code § 5.03.1350. Formerly 5.12.1050]

5.12.1400 Gambling information, transmitting or receiving.

Any person who knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information without obtaining all applicable licenses required under the Puyallup Tribe’s Gaming Code (Chapter 13.04 PTC) or regulations of the Tribal Gaming Commission shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 200597A (05/20/97); prior code § 5.03.1360. Formerly 5.12.1060]

5.12.1410 Causing person to violate criminal gaming provision.

Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any criminal gaming provision herein shall be guilty of a Class A offense. [Res. 201212B (12/20/12); Res. 200597A (05/20/97); prior code § 5.03.1370. Formerly 5.12.1070]

Subchapter 11. Miscellaneous

5.12.1420 Severability.

If any provision of this chapter or the application of it to any person or circumstances is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, subchapters, sections and subsections herein are declared to be severable. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1410. Formerly 5.12.1080]

5.12.1430 Repeal of prior acts.

All provisions of any Tribal ordinance, resolution or regulation previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council which are inconsistent with this chapter are hereby repealed. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1420. Formerly 5.12.1090]

5.12.1440 Effective date.

The ordinance codified in this chapter shall become effective on the thirteenth day of June, 1991. [Res. 201212B (12/20/12); Res. 130691 (06/13/91); prior code § 5.03.1430. Formerly 5.12.1100]

Subchapter 12. Juvenile Status Offenses

5.12.1450 Curfew violation.

(a) Any minor, age of 17 or less, who shall be on the public streets or public places after curfew shall be guilty of violating curfew.

Curfew shall be as follows:

(1) From June 1st to September 1st of every year, the curfew shall be from 11:00 p.m. until 6:00 a.m.

(2) From September 2nd to May 31st of every year, for those juveniles under the age of 16 years, the curfew shall be from 10:00 p.m. until 6:00 a.m.

(3) From September 2nd to May 31st of every year, for those juveniles who are 16 years and older, the curfew shall be from 11:00 p.m. to 6:00 a.m.

(b) Exceptions are permitted in the following incidents:

(1) If the juvenile is under the immediate supervision of a parent, guardian, or authorized adult during the community celebrations and gatherings;

(2) If the juvenile is attending work or an authorized school function, with or without immediate adult supervision, in which case the curfew hours may be extended by one-half hour after the end of the school function or his or her work ending time to allow time to travel home;

(3) If the juvenile is married or otherwise emancipated.

Curfew violation is a status offense with a fine not to exceed $50.00, or community service, counseling or other appropriate order of the Court. [Res. 201212B (12/20/12); Res. 180599E (05/18/99); prior code § 11.03.1510. Formerly 5.12.1110]

5.12.1460 Failure to attend school – Truancy.

(a) Any juvenile, age 17 or less, who has not completed the twelfth grade or received a GED, and without good cause fails to attend school, shall be guilty of the status offense of truancy.

(b) Exceptions shall be permitted if the juvenile is married or otherwise emancipated, or attending an approved basic education program or is employed with the consent of a parent or guardian.

Truancy violation is a status offense with a fine not to exceed $100.00, or community service, counseling or other appropriate order of the Court. [Res. 201212B (12/20/12); Res. 180599E (05/18/99); prior code § 11.03.1520. Formerly 5.12.1120]

5.12.1470 Unauthorized absence from home – Runaway.

(a) Any juvenile, age 17 or less, who is absent from the home of his or her parent, guardian or custodian, without permission or knowledge of his or her parent, guardian or custodian, for more than eight hours shall be guilty of the status offense of runaway.

(b) Exceptions shall be permitted if the juvenile is married or otherwise emancipated.

Runaway violation is a status offense with a fine not to exceed $100.00, or community service, counseling or other appropriate order of the Court. [Res. 201212B (12/20/12); Res. 180599E (05/18/99); prior code § 11.03.1530. Formerly 5.12.1130]

APPENDIX

Chapter 69.50 RCW

69.50.101 Definitions.

69.50.204 Schedule I.

69.50.206 Schedule II.

69.50.208 Schedule III.

69.50.210 Schedule IV.

69.50.212 Schedule V.

[Res. 040894A (08/04/94) § 3; Res. 130691 (06/13/91)]