Statutes | Navajo Nation Code Title 17 ยง 330 | 2018
A. Offense. A person commits theft if, without lawful authority, he or she intentionally or knowingly:
1. Controls property of another with the intent to deprive him or her of such property permanently;
2. Converts to an unauthorized use services or property of another entrusted to the defendant for a limited, authorized use;
3. Obtains property of another by means of any material misrepresentation with intent to deprive him or her thereof;
4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to his or her own or another's use without reasonable efforts to notify the true owner.
B. Sentence.
1. The trial court shall review all charges to ascertain whether there is a personal victim of the offense(s) and whether restitution or nályééh shall be paid to the victim(s).
2. The trial court may utilize the services of the Navajo Peacemaker Court to determine nályééh and make a sentencing recommendation regarding that sentence, and the trial court may require the defendant to pay the fee of the peacemaker.
3. The trial court may consider the imposition of a peace or security bond upon the defendant, including the pledges of family or clan sureties.
4. Upon the imposition of a bond or security pledges, the district Office of Probation and Parole shall counsel the sureties of the consequences of breach of the bond or pledge.
5. The trial court shall consider the utility of labor or community service sentences, under the supervision of the Navajo Nation Department of Public Safety or a public or private organization, including the chapter in which the defendant resides.
History
CJA–08–00, January 27, 2000. Generally amended the Navajo Nation Criminal Code.
CN–71–77, November 10, 1977.