Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 ยง 4-1-1 | 2018
(a) "Adult household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.
(b) "Adulterated" means varying from the standard of composition or quality prescribed by any applicable law or commercial usage.
(c) "Affirmative defense" means a new matter in the prosecution of an offense which assuming the complaint to be true constitutes a defense to it.
(d) "Agent" means any director, officer, servant, employee or other person authorized to act in behalf of a corporation or association and, in the case of an unincorporated association, a member of such association.
(e) " To appropriate" when used as a verb means:
(1) to exercise control over property, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit or
(2) to dispose of the property for the benefit of oneself or a third person.
(f) "Corporation" means any entity incorporated under state or tribal law but does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(g) "Corruptly" imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of a forbidden act or omission, or to another.
(h) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protect activity is not included, within the meaning of this definition.
(i) "Dangerous device" means any device capable of causing serious bodily injury to human beings.
(j) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. On the issue of whether an object not commonly known as a dangerous weapon is such a weapon, the character of the object, the character of the wound produced, if any, and the manner in which the object was used shall be determinative.
(k) "Domestic household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common or are expecting a child together, regardless of whether they have been married or have lived together at any time. For the purpose of this Title, "reside" shall mean one&rsquos personal presence at some place of abode with no present intention of leaving and with purpose to remain for an undetermined period of time, but not necessarily combined with the design to stay permanently.
(l) "Domestic violence" means the occurrence of one or more of the following:
(1) An unlawful attempt, coupled with apparent ability, to commit a violent injury on another domestic household member
(2) An intentional, unlawful threat by word or act to do violence to another domestic household member, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other domestic household member that such violence in imminent
(3) Willful and unlawful use of force or violence upon the person of another domestic household member
(4) Actual, intentional and unlawful touching or striking of another domestic household member against their will
(5) Unlawfully and intentionally causing bodily harm to another domestic household member or
(6) Causing a domestic household member to engage involuntarily in sexual activity by force, threat of force, or duress.
(m) "Drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in growing, harvesting, manufacturing, compounding, converting, concealing, producing, processing, preparing, storing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this code. It includes but is not limited to: (Subsection amended by NPTEC 1/24/17)
(1) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances
(2) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances
(3) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana
(4) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances
(5) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances
(6) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances
(7) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body
(8) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls
(B) Water pipes
(C) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand
(D) Miniature cocaine spoons, and cocaine vials
(E) Electric pipes
(F) Air-driven pipes
(G) Bongs.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance
3. The proximity of the object, in time and space, to a direct violation of this chapter
4. The proximity of the object to controlled substances
5. The existence of any residue of controlled substances on the object
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia
7. Instructions, oral or written, provided with the object concerning its use
8. Descriptive materials accompanying the object which explain or depict its use
9. National and local advertising concerning its use
10. The manner in which the object is displayed for sale
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise
13. The existence and scope of legitimate uses for the object in the community
14. Expert testimony concerning its use.
(n) "Element of the offense" means:
(1) the conduct, attenuated circumstances or result of conduct included in the description of the forbidden act in the definition of the offense and
(2) the establishment of the required mental state or culpability described in the offense, if any but
(3) an "element of the offense" shall not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with the harm or evil, incident to the prohibited conduct, or the existence of justification or excuse for such conduct.
(o) "Embezzlement" means to willfully take or convert to ones own use, anothers money or property in which the wrongdoer lawfully acquired possession by reason of some office, employment or position of trust.
(p) "Enter" means an intrusion by any part of the body, or intrusion by any physical object under control of the actor.
(q) "Fiduciary" means a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization.
(r) "Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress.
(s) "High managerial agent" means an officer of a corporation or an unincorporated association or, in the case of a partnership, a partner, or any other agent of a corporation or association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or association.
(t) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.
(u) "Knowingly" means the knowledge that the facts exist which bring an act or omission within the provisions of this chapter. A knowing mental state does not require any knowledge of the unlawfulness of such act or omission.
(v) "Malice aforethought" means an intent at the time of a killing, to willfully take the life of a human being, or an intent to willfully act in callous and wanton disregard of the consequences to human life.
(w) "Maliciously" or "malice" means a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
(x) "Minor or child" means a person who is less than eighteen (18) years old and has not been emancipated by order of a court of competent jurisdiction.
(y) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by any applicable law or commercial usage.
(z) "Negligently", "neglect", "negligence," or "negligent" means a want of such attention to the nature of probable consequences of an act or omission as a prudent person ordinarily bestows in acting in his own concerns.
(aa) "Obtain" means:
(1) in relation to property, to bring about a transfer of interest or possession, whether to the offender or to another and
(2) in relation to labor or services, to secure the performance thereof.
(bb) "Owner" means any person who has a right to possession of property superior to that of the taker, obtainer or withholder.
(cc) "Possession" means an act in which the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
(dd) "Public assistance" shall have the definition and meaning provided in Title 10, Section 56-201 of the Idaho State Public Assistance and Welfare Code existing as of the date of adoption of this chapter by NPTEC or hereafter amended.
(ee) "Public monies" means all bonds and evidences of indebtedness, and all monies belonging to the Tribe, and all monies, bonds and evidences of indebtedness received or held by Tribal officials in their official capacity.
(ff) "Self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know.
(gg) "Sexual contact" means any intentional touching of the genitals, anus, groin, breast, inner thigh or buttocks with intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desires of any person.
(hh) "Social game" means a game, other than a lottery, between players in a private home or private business where no house player, house bank or house odds exist and there is no house income from the operation of the social game.
(ii) "Strict liability" means an element of an offense that exists only when the definition of the offense does not include or involve a culpable mental state.
(jj) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the persons judgment or behavior to the extent that he lacks sufficient understanding or capacity to make, communicate or implement decisions regarding his person.
(kk) "Willfully" implies a purpose or willingness to commit a forbidden act or make a forbidden omission. A wilful mental state does not require any intent to violate law, or to injure another or to acquire any advantage.
(ll) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks and other symbols of value, right, privilege, or identification.