(1) “Abuse” includes, but is not limited to:

(2) “Acts” has its usual and ordinary meaning and includes any voluntary bodily movement, any form of communication, and when relevant, a failure or omission to take action.

(3) “Another” means a person or persons, as defined in this code, other than the offender.

(4) “Benefit” means gain or advantage or anything regarded by the beneficiary as gain or advantage.

(5) “Bodily harm” or “bodily injury” means physical pain, illness or any impairment of physical condition.

(6) “Child abuse” means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child; shall not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty.

(7) “Citation” means a written direction that is issued by a law enforcement officer and that requests a person to appear before the Court at a stated time and place to answer a charge for the alleged commission of an offense.

(8) “Cohabit” means to live together in an arrangement whereby the parties voluntarily assume the rights, duties and obligations which are normally manifested by married persons.

(9) “Common scheme” means a series of acts or omissions motivated by a purpose to accomplish a single criminal objective or by a common purpose or plan which results in the repeated commission of the same offense or affects the same person or persons, or the same property.

(10) “Conduct” means an act or series of acts and the accompanying mental state.

(11) “Consent,” as used with reference to an offense charged under Chapter 26.20 CTC, means that, at the time of the act of sexual intercourse or sexual contact, there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. Consent does not occur where the other person is incapable of giving consent because he or she has a mental incapacity, mental defect, or is physically helpless. Consent cannot be given by a person under the age of 16, or who has a developmental disability, or who has been found to be a vulnerable adult.

(12) “Conviction” means a judgment or sentence entered upon a plea of guilty or no contest, or upon a verdict or finding of a defendant’s guilt rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. Once a conviction has been expunged, it is no longer considered a conviction under Tribal law.

(13) “Deceit” means:

(14) “Deprive” means to withhold the property of another:

(15) “Exploitation” means child pornography or child prostitution.

(16) “Felony crimes” means a Class F offense.

(17) “Force” means the infliction, attempted infliction, or threatened infliction of bodily harm by a person, or the commission or threat of any other crime by a person against the complainant or another which causes the complainant to reasonably believe that the person has the present ability to execute the threat, thereby causing the complainant to submit.

(18) “Harm” means the loss, disadvantage, or injury or anything so regarded by the individual affected, including loss, disadvantage, or injury to any person or entity in which the individual has a recognized interest.

(19) “Intoxicating substance” means any drug or any alcoholic beverage, including but not limited to any beverage containing one-half of one percent or more of alcohol by volume, which, when used in sufficient quantities, ordinarily or commonly produces intoxication.

(20) “Involuntary act” means any act which is:

(21) “Knowingly.” A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person’s own conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person’s conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as “knowing” or “with knowledge,” have the same meaning.

(22) “Law enforcement officer” means any person who by virtue of his or her office of public or Tribal employment is vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope of his or her authority.

(23) “Mental disorder” means any organic, mental, or emotional impairment which has substantial adverse effects on an individual’s cognitive or volitional functions. It does not include an abnormality manifested only by repeated criminal or other antisocial behavior.

(24) “Mental injury” means harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition.

(25) “Misdemeanor” means a Class A through E offense.

(26) “Negligently.” A person acts negligently with respect to an element of an offense when the person should be aware of a substantial and unjustifiable risk that the element presently exists or will result from his or her conduct. The risk must be of such a nature and degree that the person’s failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in the same situation, considering the nature and purpose of the person’s conduct and the circumstances known to her or him.

(27) “Negligent treatment or maltreatment” means an act or failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction that evidences a serious disregard for consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety. When considering whether a clear and present danger exists, evidence of the presence of controlled substance, a caregiver’s substance abuse, or exposure of the child to substance abuse, as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment, or maltreatment. Poverty, homelessness, or exposure to domestic violence that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself.

(28) “Obtain or exert unauthorized control” means a person acting without lawful authority:

(29) “Occupied structure” means any building, vehicle or other place suited for human occupancy or night lodging of persons or for carrying on business regardless of whether a person is actually present. Each unit of a building consisting of two or more units separately secured or occupied is a separate occupied structure.

(30) “Offense” means a crime for which a sentence of labor, time in jail, a fine, restitution, or other penalty provided by law may be imposed.

(31) “Official detention” means:

(32) “Owner” means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property.

(33) “Person” means an individual, association, corporation, partnership, or other legal entity.

(34) “Physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm.

(35) “Possession” is the knowing control of anything for a sufficient time to be able to terminate control.

(36) “Premises” includes land, buildings, and appurtenances thereto.

(37) “Prison” means a correctional, detention, or penal facility.

(38) “Property” means anything of value to the owner. Property includes but is not limited to:

(39) “Property of another” means real or personal property in which a person other than the offender or a government has an interest that the offender has no authority to defeat or impair, even though the offender may have an interest in the property.

(40) “Protective order” is a Court order restraining a person from engaging in the commission or continuance of some act which may result in irreparable harm to another.

(41) “Public place” means any place to which the public has access.

(42) “Purposely.” A person acts purposely with respect to a result or to conduct described by a statute defining an offense when:

(43) “Reasonable apprehension” is deemed to exist in any situation where a person knowingly points a firearm at or in the direction of another person, whether or not the offender believes the firearm to be loaded. In all other circumstances, “reasonable apprehension” is a question of fact to be determined by the trier of fact.

(44) “Restitution” means a requirement, as a condition of a sentence, that an offender repay the victim or the Tribes in money or services.

(45) “Serious bodily harm” or “serious bodily injury” means bodily injury which creates a risk of death, causes serious permanent or protracted loss or impairment of the function or process of any bodily member or organ, causes permanent disfigurement, or causes a serious mental disorder.

(46) “Sex offense” means a crime defined under this section of the Cowlitz Tribal Code (CTC), including criminal attempt, criminal solicitation, or criminal conspiracy to commit a crime under this section. If a person has had a judgment entered in another jurisdiction for a sex offense, that jurisdiction’s definition of a sex offense or a sex crime shall be used by the Cowlitz Tribal Court for the purpose of determining whether the offender has committed a sex offense.

(47) “Sexual abuse” includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

(48) “Sexual act” means:

(49) “Sexual contact” means the intentional touching either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(60) “Sexual intercourse:”

(51) “Sexually explicit conduct” means actual or simulated:

(52) “Solicit” or “solicitation” means to command, authorize, urge, incite, request or advise another to commit an offense.

(53) “State” means a state of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States.

(54) “Statute” means any Tribal code section, Tribal ordinance, or adopted section of the Revised Code of Washington.

(55) “Tamper” means to interfere with something improperly, make unwarranted alterations in its existing condition, or deposit refuse upon it.

(56) “Threat” means a menace, however communicated, to:

(57) “Tribes” refers to the Cowlitz Tribes.

(58) “Underage person” means a person who is below the age designated by the particular section of the statute.

(59) 

(60) “Vehicle” means any device for transportation by land, water, or air or mobile equipment with provisions for transport of an operator.

(61) “Weapon” means any instrument, firearm, article, or substance which, regardless of its primary function, is readily capable of being used to produce death or serious bodily harm.

(62) “Witness” means any person whose testimony is desired in any official proceeding or in any investigation.