Chapter 3.05
GENERAL PROVISIONS

Sections:

Article I. General Preliminary Provisions

3.05.010    Purpose and construction.

3.05.020    Civil actions not barred.

3.05.030    Exclusiveness of offenses.

3.05.040    Prosecution for multiple offenses.

3.05.050    Lesser included offenses.

3.05.060    Burden of proof.

3.05.070    Classification of offenses.

3.05.080    Time limitations.

3.05.090    Sentencing.

3.05.100    Mental state.

3.05.110    Strict liability.

3.05.120    Definitions.

Article II. Liability Principles

3.05.130    Conduct and result.

3.05.140    Voluntary act.

3.05.150    Responsibility.

3.05.160    Accountability.

Article III. Affirmative Defenses and Justifiable Use of Force

3.05.170    Consent.

3.05.180    Compulsion.

3.05.190    Entrapment.

3.05.200    Self-defense.

3.05.210    Use of force by aggressor.

3.05.220    Use of deadly force.

3.05.230    Resisting arrest.

3.05.240    Medical assistance – Drug-related overdose or life-threatening emergency.

3.05.250    Prosecution of trafficking victims for nonviolent misdemeanors – Affirmative defense.

Article I. General Preliminary Provisions

3.05.010 Purpose and construction.

The provisions of this title shall be construed in accordance with Tribal customs as well as to achieve the following general principles and purposes:

(1) To forbid and prevent the commission of offenses and give fair warning of conduct which is declared to be an offense;

(2) To adequately define the conduct and mental state which constitute an offense and to safeguard permitted conduct;

(3) To prescribe penalties which are proportionate to the seriousness of the offense and which permit recognition of differing rehabilitative needs of individual offenders while at the same time recognizing the need of the entire Reservation community to protect itself from offenders;

(4) To prevent arbitrary and oppressive treatment of persons accused or convicted of offenses and to promote the correction and rehabilitation of such persons; and

(5) To protect any Tribal member or other person residing on the Reservation whose health or welfare may be adversely affected or threatened due to abuse, neglect or exploitation by family, household members, or other person in a legal or contractual position of providing physical, mental, or medical assistance and support to the affected person.

(6) The repeal, revision, amendment, or consolidation of any ordinance or part of an ordinance or section or part of a section of any ordinance amending any provision of this title shall not have the effect to release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such ordinance, unless the repealing, revising, amending, or consolidating act so expressly provides; and such ordinance or part of an ordinance or section or part of a section of an ordinance so repealed, amended, or revised shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions imposing, inflicting, or declaring such penalty, forfeiture, or liability.

(7) If any provision of this title or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the title that can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable. [Res. 2016-463; Ord. 49 § 6.1.1, 1-8-2010 (Res. 2010-10)].

3.05.020 Civil actions not barred.

This title (Code of Tribal Offenses) does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered. Civil injury is not merged into the criminal offense. [Ord. 49 § 6.1.2, 1-8-2010 (Res. 2010-10)].

3.05.030 Exclusiveness of offenses.

No conduct constitutes an offense unless so declared by this title (Code of Tribal Offenses), by any Tribal ordinance, or by specific Washington law incorporated by reference into this title (Code of Tribal Offenses). The elements of any offense as contained in this code are the sole elements required for conviction in Tribal Court. Extraneous elements required by other jurisdictions shall not be considered by the Judge or jury in reaching a verdict of guilt or innocence. However, this provision does not affect the power of the Tribal Court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree. [Ord. 49 § 6.1.3, 1-8-2010 (Res. 2010-10)].

3.05.040 Prosecution for multiple offenses.

When the conduct of an offender establishes the commission of more than one offense, the offender may be prosecuted separately for each offense. The offender, however, may not be convicted of more than one offense if:

(1) One offense is included in the other;

(2) One offense consists only of conspiracy or some other form of preparation for committing the offense;

(3) Inconsistent findings of fact are required to establish the commission of the offenses;

(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or

(5) The offense is defined to prohibit a continuing course of conduct and the offender’s course of conduct was interrupted, unless the law provides that the specific periods of such conduct constitute separate offenses. [Ord. 49 § 6.1.4, 1-8-2010 (Res. 2010-10)].

3.05.050 Lesser included offenses.

An offender may be convicted of an offense included in an offense charged without having been specifically charged with the lesser included offense. An offense is included when:

(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

(2) It consists of attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or

(3) It differs from the offense charged only in that it is a less serious injury or risk of injury to the same person, property, or Tribal interest, or a lesser kind of culpability suffices to establish its commission.

The Tribal Court need not charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting the defendant of the lesser included offense. [Ord. 49 § 6.1.5, 1-8-2010 (Res. 2010-10)].

3.05.060 Burden of proof.

The defendant in a criminal proceeding is presumed to be innocent until each element of the offense with which the defendant is charged is proved beyond a reasonable doubt. In the absence of such proof, the defendant shall be acquitted. [Ord. 49 § 6.1.6, 1-8-2010 (Res. 2010-10)].

3.05.070 Classification of offenses.

(1) Exclusive and Concurrent Jurisdiction. Offenses shall be designated as Class A, Class B, Class C, Class D, Class E or Class F offenses. [Res. 2012-445 § 11; Ord. 49 § 6.1.7, 1-8-2010 (Res. 2010-10)].

3.05.080 Time limitations.

(1) Unless otherwise specified by statute, a prosecution shall be commenced within the later of the following periods:

(a) Prosecution for any Class A or Class B offense must be commenced within one year after the alleged offense is committed;

(b) Prosecution for any Class C or Class D offense must be commenced within two years after the alleged offense is committed;

(c) Prosecution for any Class E offense must be commenced within five years after the alleged offense is committed;

(d) Prosecution of any Class F offense must be commenced within 10 years after the alleged offense is committed;

(e) Prosecution for an offense where the victim is a minor must be commenced within six years of the victim’s eighteenth birthday.

(2) The period of limitation does not run under the following conditions:

(a) During any period in which the offender is not usually and publicly residing within this Reservation or is beyond the jurisdiction of the Tribal Court;

(b) During any period in which the offender is a public officer and the offense charged is theft of public funds while in public office; or

(c) During a prosecution pending against the offender for the same conduct even if the prosecution is dismissed.

(3) There shall be no statute of limitations for the prosecution of:

(a) Murder in the first or second degree.

(b) All offenses under Chapter 3.20 TTC.

(4) An offense is committed either when every element occurs or, if the offense is based upon a continuing course of conduct, when the course of conduct is terminated. The time starts to run on the day after the offense is committed.

(5) A prosecution is commenced when a complaint is filed. [Res. 2015-308; Res. 2012-445 § 12; Ord. 49 § 6.1.8, 1-8-2010 (Res. 2010-10)].

3.05.090 Sentencing.

Any person adjudged guilty of a criminal offense under Tulalip Tribal law shall be sentenced in accordance with this section and TTC 2.25.110 (Plea procedures), unless otherwise specified.

(1) A person convicted of an offense may be sentenced as follows:

(a) For a conviction of a Class A offense, the offender may be sentenced to pay a fine or some other sentence not involving imprisonment. For Class A offenses where no fine amount is specifically provided, the maximum fine shall be $250.00;

(b) For a conviction of a Class B offense, the offender may be sentenced to imprisonment for a period not to exceed 30 days, or a fine not to exceed $500.00, or both, unless another sentence is specified by statute;

(c) For a conviction of a Class C offense, the offender may be sentenced to imprisonment for a period not to exceed 90 days, or a fine not to exceed $1,000, or both, unless another sentence is specified by statute;

(d) For a conviction of a Class D offense, the offender may be sentenced to imprisonment for a period not to exceed 180 days, or a fine not to exceed $2,500, or both, unless another sentence is specified by statute; or

(e) For conviction of a Class E offense, the offender may be sentenced to imprisonment for a period not to exceed one year, or a fine not to exceed $5,000, or both, unless another sentence is specified by statute;

(f) For conviction of a Class F offense, the offender may be sentenced to imprisonment for a period not to exceed three years, a fine not to exceed $15,000, or both, unless another sentence is specified by statute.

(2) Crimes punishable as a Class F offense are designated felony crimes.

(3) The maximum sentence that may be imposed by Tulalip Tribal Court shall be:

(a) For any one offense: a maximum term of confinement of three years, a fine of $15,000, or both; or

(b) For multiple offenses: an aggregate sentence with a maximum term of confinement of nine years, a fine of $15,000, or both.

(4) The fines listed above may be imposed in addition to any amounts ordered as restitution.

(5) Any person adjudged guilty of an offense under this code shall be sentenced in accordance with this section and TTC 2.25.150(2)(d), unless otherwise specified. [Res. 2012-445 § 13; Ord. 49 § 6.1.9, 1-8-2010 (Res. 2010-10)].

3.05.100 Mental state.

A person is not guilty of an offense unless the person acts purposely, knowingly, or negligently, as the code may provide, with respect to each element of the offense, or unless the person’s acts constitute an offense involving strict liability. [Ord. 49 § 6.1.10, 1-8-2010 (Res. 2010-10)].

3.05.110 Strict liability.

A person may be guilty of an offense without having the requisite mental state only if the code provision defining the offense clearly indicates the council’s purpose to impose strict liability for the conduct described. [Ord. 49 § 6.1.11, 1-8-2010 (Res. 2010-10)].

3.05.120 Definitions.

Unless otherwise specified in a particular section, the following general definitions shall apply in this title:

(1) “Abuse” includes, but is not limited to:

(a) The infliction of physical or mental injury; or

(b) The deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a person.

(2) “Acts” has its usual and ordinary meaning and includes any voluntary bodily movement, any form of communication, and, when relevant, a failure or omission to take action.

(3) “Another” means a person or persons, as defined in this code, other than the offender.

(4) “Benefit” means gain or advantage or anything regarded by the beneficiary as gain or advantage.

(5) “Bodily harm” or “bodily injury” means physical pain, illness or any impairment of physical condition.

(6) “Child abuse” means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child; shall not include discipline administered by a parent or legal guardian to his or her child, provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty.

(7) “Citation” means a written direction that is issued by a law enforcement officer and that requests a person to appear before the Court at a stated time and place to answer a charge for the alleged commission of an offense.

(8) “Common scheme” means a series of acts or omissions motivated by a purpose to accomplish a single criminal objective or by a common purpose or plan which results in the repeated commission of the same offense or affects the same person or persons, or the same property.

(9) “Conduct” means an act or series of acts and the accompanying mental state.

(10) “Consent,” as used with reference to an offense charged under Chapter 3.20 TTC, means that, at the time of the act of sexual intercourse or sexual contact, there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. Consent does not occur where the other person is incapable of giving consent because he or she has a mental incapacity, mental defect, or is physically helpless. Consent cannot be given by a person under the age of 16, or who has a developmental disability, or who has been found to be a vulnerable adult under Chapter 4.30 TTC.

(11) “Conviction” means a judgment or sentence entered upon a plea of guilty or no contest, or upon a verdict or finding of a defendant’s guilt rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. Once a conviction has been expunged, it is no longer considered a conviction under Tribal law.

(12) “Deprive” means to withhold the property of another:

(a) Permanently;

(b) For such a period as to appropriate a portion of its value; or

(c) With the purpose to restore it only upon payment of a reward or other compensation.

(13) “Felony crimes” means a Class F offense.

(14) “Force” means the infliction, attempted infliction, or threatened infliction of bodily harm by a person, or the commission or threat of any other crime by a person against the complainant or another which causes the complainant to reasonably believe that the person has the present ability to execute the threat, thereby causing the complainant to submit.

(15) “Harm” means the loss, disadvantage, or injury or anything so regarded by the individual affected, including loss, disadvantage, or injury to any person or entity, in which the individual has a recognized interest.

(16) “Intoxicating substance” means any drug or any alcoholic beverage, including but not limited to any beverage containing one-half of one percent or more of alcohol by volume, which, when used in sufficient quantities, ordinarily or commonly produces intoxication.

(17) Knowingly. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person’s own conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person’s conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as “knowing” or “with knowledge,” have the same meaning.

(18) “Law enforcement officer” means any person who by virtue of his or her office of public or Tribal employment is vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope of his or her authority.

(19) “Mental disorder” means any organic, mental, or emotional impairment which has substantial adverse effects on an individual’s cognitive or volitional functions. It does not include an abnormality manifested only by repeated criminal or other antisocial behavior.

(20) “Mental injury” means harm to psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition.

(21) “Misdemeanor” means a Class A through E offense.

(22) Negligently. A person acts negligently with respect to an element of an offense when the person should be aware of a substantial and unjustifiable risk that the element presently exists or will result from his or her conduct. The risk must be of such a nature and degree that the person’s failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in the same situation, considering the nature and purpose of the person’s conduct and the circumstances known to her or him.

(23) “Negligent treatment” means an act or failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction that evidences a serious disregard for consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety. When considering whether a clear and present danger exists, evidence of the presence of a controlled substance, a caregiver’s substance abuse, or exposure of the child to substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty, homelessness, or exposure to domestic violence that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself.

(24) “Obtain or exert unauthorized control” means a person acting without lawful authority:

(a) Tries to bring about a transfer of interest or possession in property, whether to the offender or to another; or

(b) Tries to secure the performance of labor or services, whether for the offender’s benefit or the benefit of another; or

(c) Takes, carries away, sells, conveys or transfers title to, interest in or possession of property.

(25) “Occupied structure” means any building, vehicle or other place suited for human occupancy or night lodging of persons or for carrying on business regardless of whether a person is actually present. Each unit of a building consisting of two or more units separately secured or occupied is a separate occupied structure.

(26) “Offense” means a crime for which a sentence of labor, time in jail, a fine, restitution, or other penalty provided by law may be imposed.

(27) “Official detention” means:

(a) Detention by an officer or employee, or under the direction of an officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or

(b) Custody by an officer or employee, or under the direction of an officer or employee, for purposes incident to any detention described in subsection (27)(a) of this section, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency.

(28) “Owner” means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property.

(29) “Person” means an individual, association, corporation, partnership, or other legal entity.

(30) “Physical injury” means the impairment of physical condition, including but not limited to lacerations, bone fractures, burns, internal injuries, and bruising.

(31) “Possession” is the knowing control of anything for a sufficient time to be able to terminate control.

(32) “Premises” includes land, buildings, and appurtenances thereto.

(33) “Prison” means a correctional, detention, or penal facility.

(34) “Property” means anything of value to the owner. Property includes but is not limited to:

(a) Real estate, money and commercial instruments;

(b) Written instruments representing or embodying rights concerning anything of value, including labor or services, or that are otherwise of value to the owner;

(c) Things growing on, or affixed to, or found on land, or part of or affixed to any building;

(d) Birds, fish, livestock and other animals ordinarily kept in a state of confinement; and

(e) Electronic impulses, electronically processed or produced data or information, commercial instruments, computer software or computer programs in either machine- or human-readable form, computer services, any other tangible or intangible item of value relating to a computer, computer system, or computer network, and any copies thereof.

(35) “Property of another” means real or personal property in which a person other than the offender or a government has an interest that the offender has no authority to defeat or impair, even though the offender may have an interest in the property.

(36) “Public place” means any place to which the public has access.

(37) Purposely. A person acts purposely with respect to a result or to conduct described by a statute defining an offense when:

(a) If the element of the offense involves the nature of his or her conduct or a result thereof, it is his or her conscious object to engage in conduct of that nature or to cause such a result; and

(b) If the element of the offense involves the attendant circumstances, he or she is aware of the existence of such circumstances or he or she believes or hopes that they exist.

(38) “Reasonable apprehension” is deemed to exist in any situation where a person knowingly points a firearm at or in the direction of another person, whether or not the offender believes the firearm to be loaded. In all other circumstances, “reasonable apprehension” is a question of fact to be determined by the trier of fact.

(39) “Restitution” means a requirement, as a condition of a sentence, that an offender repay the victim or the Tribes in money or services.

(40) “Serious bodily harm” or “serious bodily injury” means bodily injury which creates a risk of death, causes serious permanent or protracted loss or impairment of the function or process of any bodily member or organ, causes permanent disfigurement, or causes a serious mental disorder.

(41) “Sexual act” means:

(a) 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;

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

(c) 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

(d) 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.

(42) “Sexual contact” means the intentional touching either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(43) “Sexual intercourse”:

(a) Has its ordinary meaning and occurs upon any penetration, however slight; and

(b) Also means any penetration of the vagina or anus, however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and

(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(44) “Solicit” or “solicitation” means to command, authorize, urge, incite, request or advise another to commit an offense.

(45) “State” means a state of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States.

(46) “Statute” means any Tribal code section, Tribal ordinance, or adopted section of the Revised Code of Washington.

(47) “Tamper” means to interfere with something improperly, make unwarranted alterations in its existing condition, or deposit refuse upon it.

(48) “Threat” means a menace, however communicated, to:

(a) Inflict physical harm on any person, or on the property of another;

(b) Subject any person to physical confinement or restraint;

(c) Commit any criminal offense;

(d) Falsely accuse any person of a criminal offense;

(e) Expose any person to hatred, contempt, or ridicule;

(f) Harm the credit or business reputation of any person;

(g) Reveal any information sought to be concealed by the person threatened;

(h) Take an unauthorized action as an official against anyone or anything, withhold an official action, or cause the withholding of an official action; or

(i) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.

(49) “Tribes” refers to the Tulalip Tribes.

(50)(a) “Value” means the market value of the property at the time and place of the crime or, if the market value cannot be satisfactorily ascertained, the cost of the replacement of the property within a reasonable time after the crime. If the offender appropriates a portion of the value of the property, the value must be determined as follows:

The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, is considered the amount due or collectible. The figure is ordinarily the face amount of the indebtedness less any portion of the indebtedness that has been satisfied.

The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation is considered the amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

The value of electronic impulses, electronically produced data or information, computer software or programs, or any other tangible or intangible item relating to a computer, computer system, or computer network is considered to be the amount of economic loss that the owner of the item might reasonably suffer by virtue of the loss of the item. The determination of the amount of economic loss includes but is not limited to consideration of the value of the owner’s right to exclusive use or disposition of the item.

(b) When it cannot be determined if the value of the property is more or less than $1,000 by the standards set forth in subsection (50)(a) of this section, its value is considered to be an amount less than $1,000.

(c) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property.

(51) “Vehicle” means any device for transportation by land, water, or air or mobile equipment with provisions for transport of an operator.

(52) “Weapon” means any instrument, firearm, article, or substance which, regardless of its primary function, is readily capable of being used to produce death or serious bodily harm.

(53) “Witness” means any person whose testimony is desired in any official proceeding or in any investigation. [Res. 2018-444; Res. 2017-090 § 3; Res. 2012-548; Res. 2012-445 §§ 14, 15; Ord. 49 § 6.1.12, 1-8-2010 (Res. 2010-10)].

Article II. Liability Principles

3.05.130 Conduct and result.

(1) Conduct is the cause of a result if:

(a) Without the conduct the result would not have occurred; and

(b) Any additional causal requirements imposed by the specific code provision are satisfied.

(2) If knowingly or purposely causing a result is an element of an offense and the result is not within the contemplation or purpose of the offender, either element can nevertheless be established if:

(a) The final result differs from the contemplated result only in the respect that a different person or different property is affected or that the injury or harm caused is less than originally contemplated; or

(b) The result involves the same kind of harm or injury as contemplated but the precise harm or injury is different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the offender’s liability or on the gravity of the offense.

(3) If negligently causing a particular result is an element of an offense and the offender is not aware or should not have been aware of the probable result, negligence can nevertheless be established if:

(a) The actual result differs from the probable result only in the respect that a different person or different property is affected or that the actual injury or harm is less; or

(b) The actual result involves the same kind of injury or harm as the probable result, unless the actual result is too remote or accidental to have a bearing on the offender’s liability or the gravity of the offense. [Ord. 49 § 6.2.1, 1-8-2010 (Res. 2010-10)].

3.05.140 Voluntary act.

An element of every offense is a voluntary act, which includes an omission to perform a duty which the person is mentally, physically and financially capable of performing. [Ord. 49 § 6.2.2, 1-8-2010 (Res. 2010-10)].

3.05.150 Responsibility.

A person who is in an intoxicated or drugged condition is criminally responsible for her or his conduct unless such conduct is involuntarily produced and deprives the person of the capacity to appreciate the criminality of the conduct or to conform her or his conduct to the requirements of the law. [Ord. 49 § 6.2.3, 1-8-2010 (Res. 2010-10)].

3.05.160 Accountability.

(1) A person is legally accountable for the conduct of another when:

(a) Having a mental state described by the code provision defining the offense, the person causes another to perform the conduct, regardless of the legal capacity or mental state of the other person;

(b) The code provision defining the offense makes the person accountable;

(c) Either before or during the commission of an offense with the purpose to promote or facilitate such commission, the person solicits, aids, abets, agrees, or attempts to aid such other person in the planning or commission of the offense.

(2) However, a person is not accountable if:

(a) The person is a victim of the offense committed; or

(b) Before the commission of the crime the person terminates her or his efforts to promote or facilitate the commission of the crime and takes steps to negate the effect or otherwise prevent the commission of the offense.

(3) A person may not be found guilty of an offense on the testimony of one responsible or legally accountable for the same offense unless that testimony is corroborated by other evidence that, in itself and without the aid of the testimony of the one responsible or legally accountable for the same offense, tends to connect the defendant with the commission of the offense. [Ord. 49 § 6.2.4, 1-8-2010 (Res. 2010-10)].

Article III. Affirmative Defenses and Justifiable Use of Force

3.05.170 Consent.

(1) The complainant’s or victim’s consent to the performance of the conduct constituting an offense or to the result is an affirmative defense which must be proved by the defendant by a preponderance of the evidence.

(2) Consent is ineffective if:

(a) It is given by a person who is not legally authorized to approve of the conduct constituting an offense;

(b) It is given by a person who by reason of youth, mental impairment, or mental incapacitation is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged;

(c) It is induced by force, duress, or deception; or

(d) It is against public policy to permit the conduct or the resulting harm, even though consent was given. [Ord. 49 § 6.3.1, 1-8-2010 (Res. 2010-10)].

3.05.180 Compulsion.

A person is not guilty of an offense by reason of conduct which he or she performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if he or she reasonably believes that death or serious bodily harm will be inflicted upon him or her if he or she does not perform such conduct. Compulsion is an affirmative defense which must be proved by the defendant by a preponderance of the evidence. [Ord. 49 § 6.3.2, 1-8-2010 (Res. 2010-10)].

3.05.190 Entrapment.

A person is not guilty of an offense if his or her conduct is incited or induced by a public servant or his or her agent for the purpose of obtaining evidence for the prosecution of such person.

However, this section is inapplicable if a public servant or his or her agent merely affords to such person the opportunity or facility for committing an offense in furtherance of criminal purpose which such person has originated. Entrapment is an affirmative defense which must be proved by the defendant by a preponderance of the evidence. [Ord. 49 § 6.3.3, 1-8-2010 (Res. 2010-10)].

3.05.200 Self-defense.

(1) A person is justified in the use of force or threat to use force against another when and to the extent the person reasonably believes that such conduct is necessary to:

(a) Defend herself or himself or another against such other’s imminent use of unlawful force;

(b) Prevent or terminate such other’s unlawful entry into or attack upon an occupied structure; or

(c) Prevent or terminate the offender’s trespass on, or other tortious or criminal interference with, either real or personal property lawfully in the person’s possession, or which the person has a legal duty to protect, or in the possession of another who is a family or household member.

(2) A person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes such force is necessary to prevent imminent death or serious bodily harm to herself or himself or another person.

(3) The defendant has the burden of producing sufficient evidence to raise a reasonable doubt of his or her culpability when the defendant raises self-defense as an affirmative defense. [Ord. 49 § 6.3.4, 1-8-2010 (Res. 2010-10)].

3.05.210 Use of force by aggressor.

Self-defense is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of an offense; or

(2) Knowingly or purposely provokes the use of force against herself or himself, unless:

(a) Such force is so great that the person reasonably believes there is imminent danger of death or serious bodily harm and the person has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or serious bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and clearly indicates to the assailant the desire to withdraw and terminate the use of force but the assailant continues or resumes the use of force. [Ord. 49 § 6.3.5, 1-8-2010 (Res. 2010-10)].

3.05.220 Use of deadly force.

A law enforcement officer, or any person acting under the officer’s command to aid and assist, is justified in using deadly force when the officer is performing a legal duty or the execution of legal process and reasonably believes the use of force is necessary to protect herself or himself or others from imminent danger to life. [Ord. 49 § 6.3.6, 1-8-2010 (Res. 2010-10)].

3.05.230 Resisting arrest.

A person is not authorized to use force to resist arrest which the person knows is being made by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person believes the arrest is unlawful and the arrest is in fact unlawful. [Ord. 49 § 6.3.7, 1-8-2010 (Res. 2010-10)].

3.05.240 Medical assistance – Drug-related overdose or life-threatening emergency.*

(1) Any person or group of people acting in good faith who seeks medical assistance, or assists another in seeking medical assistance, for any person, including himse1lf or herself, experiencing a drug-related overdose or other life-threating medical emergency, and reports all relevant information available to such person as to the cause and circumstances of the drug-related overdose or life-threatening medical emergency, shall not be arrested or convicted for the following:

(a) Contributing to the delinquency of an underage person pursuant to TTC 3.25.050;

(b) Possession of a controlled substance pursuant to TTC 3.55.070;

(c) Possession of drug paraphernalia pursuant to TTC 3.55.080;

(d) Possession of an alcoholic beverage by a person under 21 pursuant to TTC 3.55.100;

(e) Misdemeanor warrants for nonviolent crimes.

(2) The protections in subsection (1) of this section may be raised as an affirmative defense, or as grounds to suppress evidence obtained as a result of a report of a drug-related overdose or life-threatening medical emergency.

(3) Evidence obtained as a result of a report of a drug-related overdose or life-threatening medical emergency under the circumstances stated in subsection (1) of this section shall not serve as the sole basis for revoking or modifying a person’s supervision status, or as the basis for any probable cause finding to search the premises where such overdose or medical emergency occurs or to arrest any person who reports such overdose or medical emergency under the circumstances stated in subsection (1) of this section.

(4) For the purposes of this section, “drug-related” means an acute medical condition that is the result of the ingestion or use by an individual of one of more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury.

(5) The protections in this section shall not be grounds for suppression of evidence in other criminal charges arising from circumstances related to a drug-related overdose or other life-threatening medical emergency.

(6) Nothing in this section shall prohibit arrest, prosecution, or conviction for any crime not listed herein, or seizure of any drugs or paraphernalia found at the scene of a drug-related overdose or other life-threatening emergency. [Res. 2014-298].

*    Per Resolution No. 2014-298, this section shall be known as the Lois Luella Jones Law, in somber recognition of the tragedy endured by her family, and in the hope that other families may be spared from such tragedies.

3.05.250 Prosecution of trafficking victims for nonviolent misdemeanors – Affirmative defense.

It is an affirmative defense to nonviolent Class A, B, or C offenses, which must be proved by the defendant by a preponderance of the evidence, that the offense was committed by a person while subjected to involuntary servitude in violation of TTC 3.80.030 or while being trafficked in violation of TTC 3.80.040, if committing the offense was a direct result of being a victim. [Res. 2018-444].