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3.2A.48.060 Reckless Burning - Defense.

Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.3 § 21.3.2A.48.060 | 2020

In any prosecution for the crime of reckless burning in the first or second degrees, it shall be a defense if the defendant establishes by a preponderance of the evidence that:

(1) No person other than the defendant had a possessory, or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendants conduct and

(2) The defendants sole intent was to destroy or damage the property for a lawful purpose.