Any person who, without lawful authority, enters, passes over, remains on, or goes upon the land assignment of another person or the leased property of another person or the property owned by or held for the benefit of the Tribe, shall be guilty of a Misdemeanor 2.
Any person who is convicted in tribal court of Trespass and who re-offends and is convicted of Trespass under 5.02.01 within two (2) years of the previous conviction shall be guilty of a Misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 02 A 108, 12/17/2002; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class D offense to a misdemeanor 2; Res. 20-A-085, 9/28/2020, added language to increase the penalty for trespass to a misdemeanor 1 for a second violation within two years.)
[1]
Cross Reference: Chapter 10.01 Land Assignment.
Any person who knowingly causes:
(a) 
Physical damage to public or private property without the express permission of the owner;
(b) 
A substantial risk of interruption or impairment of public services; or
(c) 
A substantial risk of impairment of the safety, efficiency, or operation of a motor vehicle while it is being operated or without the knowledge of the owner or operator.
shall be guilty of a Misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to simplify and consolidate wording; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, created this section to usurp the previous section “Vandalism/Unauthorized Use”, and changed the penalty from a Class C offense to a misdemeanor 1.)
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 misdemeanor 1. In any prosecution for burglary, intent to commit an offense may be inferred from entering or remaining in any building, structure, or vehicle unless it can be explained by sufficient evidence to the trier of fact to have been done without criminal intent.
(Res. 84 A 03, 2/14/1984; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 1.)
(a) 
Definition. “Theft” means:
(1) 
To knowingly and purposely obtain or exert unauthorized control, including by threat or deception, over the property or services of another with intent to deprive the owner of such property or services; or
(2) 
To appropriate lost or mis-delivered property or services of another with intent to deprive the owner of such property or services; or
(3) 
To obtain control over stolen property knowing that the property was stolen.
(b) 
Theft – First Degree. Any person who commits theft:
(1) 
Of property or services that exceeds one thousand and five hundred dollars ($1,500) in value; or
(2) 
Of property of any value taken from another person;
shall be guilty of a Felony 2.
(c) 
Theft – Second Degree. Any person who commits theft:
(1) 
Of property or services that exceeds two hundred and fifty dollars ($250) in value but does not exceed one thousand and five hundred dollars ($1,500) in value; or
(2) 
Of a credit or debit card;
shall be guilty of a Misdemeanor 1.
(d) 
Theft – Third Degree. Any person who commits theft:
(1) 
Of property or services that does not exceed two hundred and fifty dollars ($250) in value;
shall be guilty of a Misdemeanor 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to cover theft of services; amended by Res. 05-A-054, 6/14/2005; amended by Res. 16-A-098, 7/25/2016, to divide Theft into degrees; Res. 19-A-153, 12/16/2019, amended this section to change the penalties from Class A-D to felony-misdemeanor.)
Any person who possesses, sells, receives, conceals, or aids in receiving or concealing property, knowing it to be obtained by any unlawful means shall be guilty of a Misdemeanor 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section for clarity; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 2.)
Any person who leaves refuse, construction debris, garbage, or any other discards at any place other than designated garbage disposal sites on the Port Gamble S’Klallam Reservation without authorization from the Tribal Council shall be guilty of a Misdemeanor 2.
(Port Gamble S’Klallam Law and Order Code. Amended by Res. 05-A-054, 6/14/2005 which repealed the littering component; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 2.)
Any person whose property is in a condition which endangers the safety, health, comfort or property of his neighbor shall be guilty of a Misdemeanor 2 and the Court shall require the person to eliminate the nuisance.
In the event the defendant fails to comply with this order within a reasonable time, the Port Gamble S’Klallam Tribal Council may contract for the removal of the nuisance and the expense of the contract shall become an additional portion of the sentence.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended the sentencing portion of this section; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 2.)
Any person who knowingly causes a fire or explosion on his own property or that of another and thereby places the person or the property of another or the Tribe in danger of damage or destruction or causes damage or destruction to the person or property of another or the Tribe shall be guilty of a Felony 2.
Any person who recklessly causes a fire or explosion on his own property or that of another and thereby places the person or the property of another or the Tribe in danger of damage or destruction or causes damage or destruction to the person or property of another or the Tribe shall be guilty of a Misdemeanor 1.
(Res. 84 A 03, 2/14/1984; amended by Res. 05-A-054, 6/14/2005; amended by Res. 12-A-057, 4/24/2012; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from Class B and Class C offenses to felony 2 and misdemeanor 1.)
Any person who signs, executes, alters or falsifies any written documents, checks, currency or written instrument with intent to defraud shall be guilty of a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to expand the “written instrument” language and reorganize for clarity; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class B offense to a felony 2.)
Any person who obtains money or other property by deceit, willful misrepresentation or false interpretation shall be guilty of a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section omitting the “false weights and measures” language and reorganizing the section for clarity; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class B offense to a felony 2.)
Any person who knowingly obtains or attempts to obtain property or services of another by threat or coercion shall be guilty of a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to simplify wording and define the crime; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class B offense to a felony 2.)