Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.3 ยง 21.3.2A.56.096 | 2020
(1) A person who, with intent to deprive the owner or owners agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented, leased, or loaned by written agreement to the person, is guilty of theft of rental, leased, lease-purchased, or loaned property.
(2) The finder of fact may presume intent to deprive if the finder of fact finds either of the following:
(a) That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owners agent to return the property to the owner or the owners agent within seventy-two hours after receipt of proper notice following the due date of the rental, lease, lease-purchase, or loan agreement or
(b) That the renter, lessee, or borrower presented identification to the owner or the owners agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the owner or the owners agent made after the due date of the rental, lease, lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee, or borrower at: (a) The address the renter, lessee, or borrower gave when the contract was made or (b) the renter, lessee, or borrowers last known address if later furnished in writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.
(4) The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased, lease-purchased, or loaned property.
(5)(a) Theft of rental, leased, lease-purchased, or loaned property is a felony if the rental, leased, lease-purchased, or loaned property is valued at five hundred dollars or more.
(b) Theft of rental, leased, lease-purchased, or loaned property is a gross misdemeanor if the rental, leased, lease-purchased, or loaned property is valued at less than five hundred dollars.
(6) The crime of theft of rental, leased, lease-purchased, or loaned property may be deemed to have been committed either at the physical location where the written agreement for the rental, lease, lease-purchase, or loan of the property was executed under subsection (1) of this section, or at the address where proper notice may be mailed to the renter, lessee, or borrower under subsection (3) of this section.