SKOKOMISH CRIMINAL CODE

SKOKOMISH CRIMINAL CODE

PROPERTY-RELATED OFFENSES

9.03.010 Arson

9.03.020 Burglary

9.03.030 Fraud

9.03.040 Obtaining a Signature by Deception or Duress

9.03.050 Criminal Impersonation

9.03.060 Extortion

9.03.070 Desecration of Religious Sites

9.03.080 Trespass

9.03.090 Theft

9.03.100 Unlawful Issuance of Checks

9.03.110 Receiving Stolen Property

9.03.120 Vandalism and Unauthorized Use

9.03.130 Forgery

9.03.140 Obscuring the Identity of a Machine

9.03.150 Harvesting Timber or Forest Products Without a Permit

9.03.160 Unauthorized Use of Tribal Identification Card or Permit

9.03.010 Arson

Any person who willfully causes a fire or explosion with intent to damage property or who knowingly causes a fire or explosion and thereby places any person in danger or causes death or injury to another person including fire fighters shall be guilty of a class A offense.

9.03.020 Burglary

Any person who enters or remains unlawfully in any building, structure, or vehicle with intent to commit an offense there shall be guilty of a class B offense. In any prosecution for burglary, intent to commit an offense may be inferred from entering or remaining unless it can be explained by sufficient evidence to the trier of fact to have been made without criminal intent.

9.03.030 Fraud

Any person who obtains money or other property by deceit, willful misrepresentation or false statement shall be guilty of a class B offense.

9.03.040 Obtaining a Signature by Deception or Duress

Any person who causes another person to sign or execute a written instrument by employing deception or coercion and with intent to defraud and deprive, shall be guilty of a class B offense.

9.03.050 Criminal Impersonation

Any person who:

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

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

shall be guilty of a class B offense.

9.03.060 Extortion

Any person who knowingly obtains or attempts to obtain property or services of another by threat shall be guilty of a class B offense.

9.03.070 Desecration of Religious Sites

Any person who removes artifacts or other items from any burial grounds or from any traditional, sacred, or religious area of the Skokomish Indian Tribe, or otherwise desecrates in any fashion such grounds or areas shall be guilty of a class B offense.

9.03.080 Trespass

Any person who knowingly enters lands or buildings of another:

(a) which are posted, fenced, or otherwise enclosed in a manner designed to exclude intruders; or

(b) who refuses to leave immediately on request of the owner, occupant, or caretaker of the property, or on request of a law enforcement officer; or

(d) who refuses to comply with an order of exclusion or banishment from the Skokomish Indian Reservation issued by a court of any jurisdiction;

shall be guilty of a class C offense.

9.03.090 Theft

Any person who takes the property of another with intent to deprive the other person of the property or obtains services in a manner designed to avoid payment or uses another person's telephone number or calling card without permission of that other person shall be guilty of a class C offense.

9.03.100 Unlawful Issuance of Checks

Any person who, with intent to defraud, makes, draws, utters, or delivers to another person any check, or draft, on a bank or other depository for the payment of money, and he or she knows at the time of such drawing, or delivery, that he or she does not have sufficient funds in, or credit with said bank or depository, to cover the check or draft in full upon its presentation, shall be guilty a class C offense.

The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivering of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.

9.03.110 Receiving Stolen Property

Any person who possesses, receives, conceals, sells, or aids in receiving or concealing property that he or she knew or reasonably should have known was obtained by any unlawful means, shall be guilty of a class C offense.

9.03.120 Vandalism and Unauthorized Use

Any person who uses, injures or destroys public or private property of any kind, not his or her own, with malice or without authority shall be guilty of a class C offense.

9.03.130 Forgery

Any person who signs, executes, alters or falsifies or presents to another person any written documents (such as permits or identification), checks, currency or other written instrument with intent to defraud shall be guilty of a class C offense.

9.03.140 Obscuring the Identity of a Machine

Any person who knowingly obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, firearm or other device with intent to render it unidentifiable; or possesses a vehicle, machine, engine, apparatus, appliance, firearm or other device held for sale knowing that the serial number or other identification number or mark has been obscured, shall be guilty of a class C offense.

"Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable.

9.03.150 Harvesting Timber or Forest Products Without a Permit

Any person who cuts, harvests or takes timber, standing or fallen, or cuts, harvests or takes any forest products on tribal property without first obtaining a permit from the Tribal Council, or who cuts timber, standing or fallen, on the property of another person without a permit and first obtaining the owner's written permission, shall be guilty of a class C offense.

Any harvesting of timber or forest products must comply with the provisions of the Land Use Ordinance and Environmental Protection Act of the Skokomish Indian Tribe.

9.03.160 Unauthorized Use of Tribal Identification Card or Permit

Any person who loans his or her tribal identification card, permit or other official tribal card to another or who borrows the tribal identification card of another or who presents as their own another persons tribal identification card, permit or other official tribal card shall be guilty of a class D offense.