Chapter 3.30 OFFENSES AGAINST PROPERTY

Whoever willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, or if the building be a dwelling or if the life of any person be placed in jeopardy, he/she shall be guilty of a Class F offense. [Res. 2012-445 § 58; Ord. 49 § 6.8.1, 1-8-2010 (Res. 2010-10)].

3.30.020 Negligent arson.

(1) A person commits the offense of negligent arson by knowingly or purposely starting a fire or causing an explosion, whether on his own property or property of another, and thereby negligently:

(a) Placing another person in danger of death or bodily injury, including a firefighter responding to or at the scene; or

(b) Placing property of another in danger of damage or destruction.

(2) Negligent arson is a Class E offense. [Res. 2012-445 § 59; Ord. 49 § 6.8.2, 1-8-2010 (Res. 2010-10)].

3.30.030 Criminal mischief.

(1) A person commits the offense of criminal mischief by knowingly or purposely:

(a) Injuring, damaging, or destroying any property of another without his or her consent;

(b) Tampering with the property of another or Tulalip Tribal property without consent, so as to endanger or interfere with the use of the property; or

(2) If the verified damage amount does not exceed $1,000, criminal mischief is a Class C offense.

(3) If the verified damage amount is greater than $1,000, criminal mischief is a Class E offense. [Res. 2012-445 § 60; Ord. 49 § 6.8.3, 1-8-2010 (Res. 2010-10)].

3.30.040 Trespass.

(1) A person commits the offense of trespass by knowingly or purposely and without express or implied privilege:

(a) Entering or remaining in an unoccupied structure;

(b) Entering or remaining in or upon the premises of another;

(d) Allowing livestock to occupy or graze on the cultivated or enclosed land of another.

(2) Access to Tribal lands, waters, and natural resources by persons who are not Tribal members is restricted as provided by Tribal and Federal law. Tribal members crossing Reservation lands in order to exercise hunting and fishing rights retained by treaty do so with privilege.

(3) Trespass is a Class C offense. [Res. 2018-103; Ord. 49 § 6.8.4, 1-8-2010 (Res. 2010-10)].

3.30.050 Burglary.

(1) A person commits the offense of burglary by knowingly entering or remaining in an occupied structure, without privilege to be there, with the purpose of committing an offense therein.

(2) Burglary is a Class E offense. [Ord. 49 § 6.8.5, 1-8-2010 (Res. 2010-10)].

3.30.060 Theft.

(1) A person commits the offense of theft by knowingly and purposely obtaining or exerting unauthorized control, including by threat or deception, over the property of the owner or by obtaining control over stolen property knowing the property to have been stolen by another, and the person:

(a) Has the purpose of depriving the owner of the property;

(b) Uses, conceals, or abandons the property in such a manner as to deprive the owner of the property; or

(c) Uses, conceals, or abandons the property knowing such use, concealment, or abandonment probably will deprive the owner of the property.

(2) A pawnbroker or dealer who buys and sells secondhand merchandise and allows stolen property to be sold, bartered or otherwise disposed of after a Tribal Police Officer has requested him to hold the property for 30 days commits the offense of theft.

(3) If the verified value of the property does not exceed $1,000, theft is a Class C offense.

(4) If the verified value of the property is greater than $1,000, theft is a Class E offense. [Ord. 49 § 6.8.6, 1-8-2010 (Res. 2010-10)].

3.30.070 Theft of lost or mislaid property.

(1) A person commits the offense of theft by obtaining control over lost or mislaid property when the person:

(a) Knows or learns the identity of the owner or knows, is aware, or learns of a reasonable method of identifying the owner; or

(b) Fails to take reasonable measures to restore the property to the owner; and

(2) Theft of lost or mislaid property is a Class B offense. [Ord. 49 § 6.8.7, 1-8-2010 (Res. 2010-10)].

3.30.080 Theft of labor or services or use of property.

(1) A person commits the offense of theft when he or she obtains use of property, labor or services of another, which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor, or services.

(2) If the verified value of the labor or services or use of property does not exceed $1,000, its theft under this section is a Class C offense.

(3) If the verified value of the labor or services or use of property is greater than $1,000, its theft is a Class E offense. [Ord. 49 § 6.8.8, 1-8-2010 (Res. 2010-10)].

3.30.090 Failure to return rented or leased property.

(1) A person commits the offense of failure to return rented or leased property if, without notice to and permission of the lessor, the person knowingly and purposely fails to return such property after the time provided for such return in the rental agreement; provided, that the date and time when return of the property is required and the penalty prescribed in this section is clearly stated, in bold print, in the written agreement.

(2) Obtaining rental or leased property through the use of false identification constitutes prima facie evidence of the commission of this offense.

(3) Failure to return the rental property within 72 hours after written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time the rental agreement was entered into or personally served on the renter or lessee, constitutes prima facie evidence of the commission of this offense.

(4) If the verified value of the rented or leased property does not exceed $1,000, failure to return rental property is a Class C offense.

(5) If the verified value of the rented or leased property is greater than $1,000, failure to return rental property is a Class E offense. [Ord. 49 § 6.8.9, 1-8-2010 (Res. 2010-10)].

3.30.100 Aiding the avoidance of telecommunications charges.

(1) A person commits the offense of aiding the avoidance of telecommunications charges when he or she knowingly publishes the number or code of an existing, canceled, revoked, expired, or nonexistent telephone credit card with the purpose of avoiding payment of lawful telecommunications charges.

(2) Aiding the avoidance of telecommunications charges is a Class B offense.

(3) For purposes of this section, the term “publish” means to communicate information to any one or more persons, either orally in person, by telephone, radio, or television, or in a writing of any kind, including but not limited to a letter, memorandum, circular, handbill, newspaper or magazine article, or book. [Ord. 49 § 6.8.10, 1-8-2010 (Res. 2010-10)].

3.30.110 Unauthorized acquisition or transfer of food stamps.

(1) A person commits the offense of unauthorized acquisition or transfer of food stamps if he or she knowingly:

(a) Acquires, purchases, possesses, or uses any food stamp or coupon that he or she is not entitled to; or

(b) Transfers, sells, trades, gives, or otherwise disposes of any food stamp or coupon to another person not entitled to receive or use it.

(2) The unauthorized acquisition or transfer of food stamps with a value of less than $1,000 is a Class C offense.

(3) The unauthorized acquisition or transfer of food stamps with a value of greater than $1,000 is a Class E offense. [Ord. 49 § 6.8.11, 1-8-2010 (Res. 2010-10)].

3.30.120 Waste, sale or trade of food distribution program foods.

(1) A person commits the offense of waste, sale or trade of food distribution program foods (commodities) if he or she knowingly:

(a) Wastes the foods by discarding them;

(b) Sells the foods to another for money; or

(2) Waste, sale or trade of food distribution program foods is a Class C offense. [Res. 2012-445 § 61; Ord. 49 § 6.8.12, 1-8-2010 (Res. 2010-10)].

3.30.130 Unauthorized use of motor vehicle.

(1) A person commits the offense of unauthorized use of a motor vehicle by knowingly operating the vehicle of another without his or her consent.

(2) It is a defense that the offender reasonably believed that the owner would have consented to the offender’s operation of the motor vehicle if asked.

(3) Unauthorized use of a motor vehicle is a Class C offense. [Ord. 49 § 6.8.13, 1-8-2010 (Res. 2010-10)].

3.30.140 Unlawful use of a computer.

(1) A person commits the offense of unlawful use of a computer by knowingly or purposely:

(a) Obtaining the use of a computer, computer system, or computer network without consent of the owner;

(b) Altering or destroying or causing another to alter or destroy a computer program or computer software without consent of the owner; or

(c) Obtaining the use of, or altering or destroying, a computer, computer system, computer network, or any part thereof, for the purpose of obtaining money, property, or computer services from the owner of the computer, computer system, computer network, or from any other person.

(2) If the verified value of the property used, altered, destroyed, or obtained does not exceed $1,000, unlawful use of a computer is a Class C offense.

(3) If the verified value of the property used, altered, destroyed, or obtained is greater than $1,000, unlawful use of a computer is a Class E offense. [Ord. 49 § 6.8.14, 1-8-2010 (Res. 2010-10)].

3.30.150 Issuing a bad check.

(1) A person commits the offense of issuing a bad check when the person issues or delivers a check or other order to another for funds it knows will not be honored by the financial institution upon which the check or other money order has been drawn.

(2) If the person issuing the check or other order has an account with the financial institution, failure to make good the check or other order within 15 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the person knew the check or order would not be paid by the financial institution.

(3) Issuing a bad check for services, labor, or property obtained not exceeding $1,000 is a Class C offense.

(4) Issuing a bad check for services, labor, or property obtained or attempted to be obtained exceeding $1,000 is a Class E offense. [Res. 2012-445 § 62; Ord. 49 § 6.8.15, 1-8-2010 (Res. 2010-10)].

3.30.160 Defrauding creditors.

(1) A person commits the offense of defrauding secured creditors if he or she knowingly destroys, conceals, encumbers, transfers, removes from the Reservation, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest.

(2) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.

(3) Defrauding creditors is a Class C offense for the first offense. All subsequent offenses shall be Class E offenses. [Res. 2012-445 § 63; Ord. 49 § 6.8.16, 1-8-2010 (Res. 2010-10)].

3.30.170 Deceptive practices.

(1) A person commits the offense of deceptive practices by knowingly or purposely:

(a) Causing another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred;

(b) Making, directing another to make, or accepting a false or deceptive statement regarding the person’s financial condition for the purpose of procuring a loan or credit;

(c) Making or directing another to make a false or deceptive statement addressed to the public or any person for the purpose of promoting or procuring the sale of property; or

(d) Obtaining or attempting to obtain property, labor, or services through the use of an invalid credit card.

(2) Deceptive practices are a Class C offense where value of the property or obligation at issue is $1,000 or less and in all other deceptive practices prohibited by this section. Deceptive practices is a Class E offense where the value of the property or obligation at issue is over $1,000. [Res. 2012-445 § 64; Ord. 49 § 6.8.17, 1-8-2010 (Res. 2010-10)].

3.30.180 Deceptive business practices.

(1) A person commits the offense of deceptive business practices if, while in the course of engaging in a business, occupation, or profession, the person knowingly or purposely:

(a) Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quantity or quality;

(b) Sells, offers, exposes for sale, or delivers less than the represented quantity of any commodity or service;

(c) Takes or attempts to take more than the represented quantity of any commodity or service when furnishing the weight or measure;

(d) Sells, offers, or exposes for sale adulterated commodities;

(e) Sells, offers, or exposes for sale mislabeled commodities; or

(f) Makes a deceptive statement regarding the quantity or price of goods in any advertisement addressed to the public.

(2) Deceptive business practices are a Class C offense where the value of the fraud is $1,000 or less. Deceptive practices are a Class E offense where the value of the fraud is over $1,000. [Res. 2012-445 § 65; Ord. 49 § 6.8.18, 1-8-2010 (Res. 2010-10)].

3.30.190 Forgery.

(1) A person commits the offense of forgery when, with purpose to defraud, the person knowingly falsely signs, makes, executes, or alters any written instrument.

(2) A purpose to defraud means the purpose of causing another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.

(3) Except as provided in subsection (4) of this section, forgery is a Class C offense.

(4) If the forgery is part of a common scheme or plan, or if the value of the property, labor, or services obtained or attempted to be obtained exceeds $1,000, the offense is a Class E offense. [Res. 2012-445 § 66; Ord. 49 § 6.8.19, 1-8-2010 (Res. 2010-10)].

3.30.200 Obscuring the identity of a machine.

(1) A person commits the offense of obscuring the identity of a machine if he or she:

(a) Removes, defaces, alters, destroys, or otherwise obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any machine, vehicle, electrical device, or firearm with the purpose to conceal, misrepresent, or transfer any such machine, vehicle, electrical device, or firearm; or

(b) Possesses with the purpose to conceal, misrepresent, or transfer any machine, vehicle, device, or firearm knowing that the serial number or other identification number or mark has been removed or otherwise obscured.

(2) Obscuring the identity of a machine is a Class C offense.

(3) The fact of possession or transfer of any such machine, vehicle, electrical device, or firearm creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured. [Ord. 49 § 6.8.20, 1-8-2010 (Res. 2010-10)].

3.30.210 Illegal branding or altering or obscuring a brand.

(1) A person commits the offense of illegal branding or altering or obscuring a brand if he or she marks or brands any commonly domesticated hoofed animal or removes, covers, alters, or defaces any existing mark or brand on any commonly domesticated hoofed animal with the purpose to obtain or exert unauthorized control over said animal or with the purpose to conceal, misrepresent, transfer, or prevent identification of said animal.

(2) Illegal branding or altering or obscuring a brand is a Class E offense. [Ord. 49 § 6.8.21, 1-8-2010 (Res. 2010-10)].

3.30.220 Possessing stolen property.

(1) A person is guilty of possessing stolen property in the first degree if he or she knowingly possesses stolen property with a verified value greater than $1,000, or knowingly possesses a stolen firearm of any value. Possessing stolen property in the first degree is a Class E offense.

(2) A person is guilty of possessing stolen property in the second degree if he or she knowingly possesses stolen property with a verified value that does not exceed $1,000. Possessing stolen property in the second degree is a Class C offense.

(3) “Stolen property” means property obtained through theft. [Ord. 49 § 6.8.22, 1-8-2010 (Res. 2010-10)].

3.30.230 Embezzlement.

(1) A person who shall, having lawful custody of property not his or her own, appropriate the same to his or her own use, with intent to deprive the owner thereof, commits the crime of embezzlement.

(2) If the verified value of the property is greater than $1,000, embezzlement is a Class E offense.

(3) If the verified value of the property does not exceed $1,000, embezzlement is a Class C offense. [Ord. 49 § 6.8.23, 1-8-2010 (Res. 2010-10)].

3.30.240 Unauthorized use of credit cards.

(1) A person commits the crime of unauthorized use of a credit card if he or she uses the card for the purpose of obtaining property or services with the knowledge that;

(a) The card is stolen or forged; or

(b) The card has been revoked or canceled; or

(2) “Credit card” means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

(3) Unauthorized use of a credit card is a Class C offense if the value of the fraudulent transactions does not exceed $1,000. Unauthorized use of a credit card is a Class E offense if the value of the fraudulent transactions exceeds $1,000. [Res. 2012-445 § 67; Ord. 49 § 6.8.24, 1-8-2010 (Res. 2010-10)].

3.30.250 Violation of exclusion order.

(1) A person commits the offense of violation of an exclusion order by knowingly or purposely entering onto the restricted lands of the Tulalip Indian Reservation in violation of an order of exclusion issued by the Tulalip Court.

(2) A first violation of this section is a Class C offense. A second violation is a Class D offense. A third violation and any subsequent violation each constitute a Class E offense. [Res. 2012-445 § 68; Ord. 49 § 6.8.25, 1-8-2010 (Res. 2010-10)].

3.30.260 Possession of burglary or theft tools.

(1) A person commits the offense of possession of burglary or theft tools if the person makes, mends, or possesses a burglary or theft tool and the person:

(a) Used or intended to use the tool to commit or facilitate the commission of a theft or an unlawful entry into a vehicle or the premises of another; or

(b) Knows that another person intends to use the tool to commit or facilitate the commission of a theft or an unlawful entry into a vehicle or the premises of another.

(2) Possession of burglary or theft tools is a Class E offense.

(3) For the purposes of this section, the following definitions apply:

(a) A “burglary or theft tool” is any tool that is adapted, designed, or commonly used for effecting unlawful entry into a vehicle, structure, or premises; or in the commission of motor vehicle related theft; or in the commission of a burglary. A “burglary or theft tool” shall include, but is not limited to, the following: a slim jim, tension bar, crow bar, false master key, master purpose key, altered or shaved key, trial or jiggler key, slide hammer, lock puller, picklock, bit, nipper, vise grip, and sledgehammer.

(b) A “false master” or “master key” is any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured.

(c) An “altered or shaved key” is any key altered, by cutting, filing, or other means, to fit multiple vehicles or a vehicle other than the vehicle for which the key was originally manufactured.

(d) “Trial keys” or “jiggler keys” are keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured. [Res. 2017-326].