CHAPTER 505

THEFT AND RELATED CRIMES

505.01 Theft

Subdivision 1.            Acts of Theft. Any Indian who does any of the following, commits theft and may be sentenced as provided in Subdivision 2:

      a)              Intentionally and without claim or right takes, uses, transfers or retains possession of the property of another without his consent and with intent to deprive the owner of possession of the property; or

      b)              Obtains for himself/herself or another the possession of property or the performance of a service by a third person by intentionally deceiving him/her with a false representation which is known to be false, made with intent to defraud and which does defraud the person to whom it is made; or

      c)              By swindling, whether by artifice, trick, devise, or any other means, obtained property or services from another person; or

      d)              Finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates the property to his own use or to that of another not entitled thereto without first having made a reasonable effort to find the owner and offer and surrender the property to him/her; or

      e)              Obtains the services of another with the intention of receiving those services without making the agreed or reasonable expected payment of money or other consideration; or

      f)               Receives, retains or disposes of the property of another knowing that it has been stolen or believing that it has probably been stolen, unless the property was entrusted to him/her; or

      g)              Intentionally disposes of, uses or transfers any interest in property which has been entrusted to him/her as a parent, guardian or for any other reason, for other than the purpose or purposes for which the property was entrusted to him/her; or

      h)              Alters, removes or obliterates numbers or symbols placed on personal property for purposes of identification with the intent to prevent identification, if the person who alters, removes or obliterates the numbers or symbols is not the owner and does not have permission of the owner to make the alteration, removal or obliteration; or

      I)               With the intent to prevent the identification of property so as to deprive the owner of possession lacy, alters or removes any permanent serial number, permanent distinguishing number or manufactures identification number with knowledge that the permanent serial number, permanent distinguishing number or manufactures identification number has been removed or altered.

Subdivision 2. Sentence. Whoever commits theft may be sentenced as follows:

      a)              If the value of property or services stolen does not exceed $100.00, the offense shall be classified as a petty misdemeanor and sentencing shall be made according to the provisions on petty misdemeanor definitions.

      b)              If the value of the property or services stolen exceeds $100.00 but does not exceed $500.00, the offense shall be classified as a misdemeanor and sentencing shall be made according to the provisions on misdemeanor and sentencing shall be made according to the provisions on misdemeanor definitions.

      c)              If the value of the property or services stolen exceeds $500.00, the offense shall be classified as a gross misdemeanor and sentencing shall be made according to the provisions on gross misdemeanor definitions.

      d)              Restitution may be ordered in the discretion of the court.

505.02                         Unauthorized Use of a Motor Vehicle

Subdivision 1. Acts Constituting. Any Indian who intentionally takes or drives a motor vehicle without the consent of the owner or his authorized agent is guilty of a gross misdemeanor.

Subdivision 2. Definition. Motor vehicles means any self-propelled device whether operated on land, rails, water or in the air.

505.03                         Receiving Stolen Property

Subdivision 1. Any Indian who receives, possesses, transfers, buys or conceals stolen property knowing or having reason to know the property was stolen, unless the property is received, retained or disposed of with intent to restore it to the owner, is guilty of receiving stolen property and may be sentences as follows:

      a)              If the value of property does not exceed $100.00, the offense is classified as a petty misdemeanor.

      b)              If the value of the property exceeds $100.00, but does not exceed $500.00, the offense is classified as a misdemeanor.

      c)              If the value of the property exceeds $500.00, the offense is classified as a gross misdemeanor.

(Section 505.03 Added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

505.03                         Obtaining Public Assistance by Fraud

Subdivision 1. Fraud. Any Indian who obtains or attempts to obtain, or aids or abets any Indian to obtain by means of an intentional false statement or representation, by concealment of a material face, or by impersonation or other fraudulent device, public assistance, including food stamps, to which the Indian is not entitled or public assistance, including food stamps, in an amount which is greater than that to which the Indian is entitled is guilty of theft and shall be sentenced in accordance with Section 505.01 of the Tribal Code.

Subdivision 2. Recovery of Assistance. The amount of public assistance determined by the Red Lake Nations Court to have been incorrectly paid shall be recoverable from the Indian who received the same by the Red Lake Tribe as a debt due to the Tribe.

(Section 505.03 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992).

NOTE: 505.03 OBTAINING PUBLIC ASSISTANCE BY FRAUD AND RECEIVING STOLEN PROPERTY (RESOLUTION NO. 264-90) HAVE THE SAME NO.