A.
A person commits the offense of arson if, without legal justification
or lawful authority to do so, he or she sets fire to, burns, causes
to be burned any property of another, including public property or
any unit of government, with the intent to destroy or damage that
property.
B.
Arson is a felony.
A.
A person commits the offense of robbery if he or she takes anything
of value from the person or presence of another by the use of force,
threats, coercion or intimidation.
B.
Robbery is a felony.
C.
The Tribal Court may require the offender to compensate the victim
for the value of the stolen property in addition to, or in lieu of,
any sentence issued by the Court.
A.
A person who enters a building or occupied structure, or separately
secured or occupied portion thereof, with intent to commit a crime
therein is guilty of burglary, unless the premises are at the time
open to the public or the defendant is licensed or privileged to enter.
B.
Burglary is a felony.
A.
A person commits the offense of theft if he or she knowingly obtains
or exercises control over anything of value belonging to another person
without authorization, or by threat or deception, or knowing said
thing of value to have been stolen, and he or she:
(1)
Intends to deprive such other person of the use or benefit of the
thing of value; or
(2)
Knowingly uses, conceals or abandons the thing of value in such a
manner to deprive such other person of its use or benefit; or
(3)
Demands any consideration to which he is not legally entitled as
a condition of restoring the thing of value to such other person;
or
(4)
Having lawfully obtained possession for temporary use of the personal
property of another, deliberately fails to reveal the whereabouts
of or to return said property to the owner or his representative or
the person from whom he has received it, with the intent to permanently
deprive such other person of its use and benefit; or
(5)
Receives, retains or disposes of property of another knowing that
it has been stolen or has reasonable cause to believe that it has
probably been stolen, unless the property is received or retained
with the intent to restore it to such other person; or
(6)
Intentionally obtains services which are available only for compensation
with the intent of avoiding payment for such services.
B.
C.
If the prosecutor intends to seek an enhanced sentence based upon
the defendant having one or more prior convictions, the prosecutor
shall include on the complaint and information a statement listing
the prior tribal conviction or convictions. The existence of the defendant's
prior conviction(s) shall be determined by the Court, without a jury,
at sentencing or at a separate hearing for that purpose before sentencing.
The existence of a prior conviction may be established by any evidence
relevant for that purpose, including, but not limited to, one or more
of the following:
D.
The Tribal Court may require the offender to compensate the victim
for the value of the stolen property in addition to, or in lieu of,
any sentence issued by the Tribal Court.
A.
A person commits the offense of destruction of property if he or
she intentionally, knowingly or recklessly uses and damages any property
not exclusively his own.
B.
Destruction of property is a Class A misdemeanor.
C.
The Tribal Court may require the offender to compensate the victim
for the repair or replacement costs of the damaged property in addition
to, or in lieu of, any sentence issued by the Tribal Court.
A.
A person commits the offense of trespass if, knowingly or having
reasonable cause to know that he or she is not licensed or privileged
to do so, he or she willfully enters or remains upon or within any
building, structure or land or portion thereof after being ordered
or notified not to enter or remain there. Such notice or order may
be given by:
(1)
Written or verbal communication actually given to the intruder; or
(2)
Written notice posted on or about the property in a manner reasonably
likely to come to the attention of potential intruders; or
(3)
By fences, barricades or other devices manifestly designed to enclose
the property and to exclude potential intruders.
B.
Criminal trespass is a Class B misdemeanor.
A.
A person commits the offense of littering if he deposits, throws,
dumps, discards, abandons or leaves any litter on any property of
another or commits the offense of littering, unless:
(1)
Such property is an area designated by law for the disposal of such
litter and such person is authorized by the proper public authority
to so use such property; or
(2)
The litter is placed in a receptacle or container installed on such
property for such use by the public or such person placing litter
in it; or
(3)
Such person is the owner or tenant in lawful possession of such property
or has first obtained written consent of the owner or tenant in lawful
possession or unless the act is done under the personal direction
of said owner or tenant.
B.
Littering is a Class B misdemeanor.
A.
A person commits the offense of causing or maintaining a public nuisance
if he uses, permits to be used or allows any real or personal property
under his control to be in such condition so as to damage, injure
or endanger the health, safety or property of another person or the
public.
B.
Causing or maintaining a public nuisance is a Class B misdemeanor.
C.
In addition to, or in lieu of, any sentence issued by the Tribal
Court, the Court may order the person to abate or eliminate the nuisance.
Such an order to abate or eliminate the nuisance shall include the
identification of the nuisance and the period of time in which it
must be abated or eliminated.
