§4-1-71 Defenses to Theft and Related Offenses

Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 § 4-1-71 | 2021

(a) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.

 

(b) In any prosecution for theft committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated openly and avowedly, and under a claim of right made in good faith.