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Skokomish Tribal Code

[Includes amendments through 2001.]

TITLE NINE -- SKOKOMISH CRIMINAL CODE

GENERAL PROVISIONS

9.01.010 Title

This title shall be known and may be cited as the Skokomish Criminal Code.

9.01.020 Authority

This Title is enacted under the inherent power and authority of the Skokomish Indian Tribe as a sovereign nation and in accordance with the Tribe's Constitution and Bylaws.

9.01.030 Jurisdiction

Except as prohibited by the Treaty of Point No Point and Federal Law, the Skokomish Tribal Court shall have criminal jurisdiction on the Reservation over all persons, except that non-Indians must be apprehended and prosecuted in accordance with applicable federal law and consistent with the rule stated in Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978), so long as such rule is good law.

9.01.040 Non Waiver of Sovereign Immunity

Nothing in this Title shall be deemed to constitute a waiver by the Skokomish Indian Tribe of its sovereignty, rights, powers or privileges.

9.01.050 Tribal Custom

Where helpful to the fair and equitable disposition of criminal matters, the Tribal Court may inquire into the tribal customs and usages of the Skokomish Indian Tribe.

9.01.060 Terms

Where a term is not defined in this Title, it shall be given its ordinary meaning.

Any reference to "he," "him," or other masculine terms shall include male and female persons. Any reference to a singular term includes the plural.

9.01.070 Definitions

(a) "Bodily Harm" and "Bodily Injury" means physical pain or injury or illness, or an impairment of physical condition.

(b) "Coercion" means that a person by use of a threat compels or induces another person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in.

(c) "Custodian" means any person having physical custody of a minor who provides food, shelter and supervision for the minor

(d) "Guardian" means any person other than a parent having legal responsibility for a minor.

(e) "Intentionally" means with the purpose of achieving a result that constitutes a crime.

(f) "Knowingly" means aware of a fact, circumstance or result described by a statute defining an offense; or having information which would lead a reasonable person in the same situation to believe that facts exist which are described by a statute defining an offense.

(g) "Law Enforcement Officer," "Law Enforcement" and "Tribal Police" mean any person authorized by the Skokomish Indian Tribe to act on behalf of the Tribe in enforcing its laws as a Law Enforcement Officer.

(h) "Malice" and "Maliciously" mean a desire to cause annoyance or harm of any kind.

(i) "Minor" means any person under the age of eighteen (18) years and not emancipated or married.

(j) "Negligently" means failure to be aware of a substantial risk that a wrongful act may occur and the failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

(k) "Physical Control" means that a person is in physical control of a vehicle when that person has authority to manage a vehicle which is operable or reasonably capable of being made operable, or that person is in a position to regulate the movement of such vehicle.

(l) "Public Officer" means any officer, employee, or representative of any tribal or other government organization or agency, including a tribal or other court, or any person acting in an official capacity for or on behalf of any tribal or other government organization, whether that official is paid to perform his or her official duties or not, and whether that official has a temporary or permanent position.

(m) "Reckless" and "Recklessly" mean being aware of a substantial risk and disregarding the risk when such disregard is a gross deviation from the conduct of a reasonable person.

(n) "Serious Bodily Injury" and "Serious Physical Injury" mean bodily injury which causes serious or substantial disfigurement or impairment (temporary or permanent) of the function of any bodily part or organ.

(o) "Sexual Contact" (REPEALED March 19, 1998, S.T.C. 9.02A.005)

(p) "Sexual Intercourse" (REPEALED March 19, 1998, S.T.C. 9.02A.005)

(q) "Sexual Intercourse" (REPEALED March 19, 1990, S.T.C. 9.02A.005)

(r) "Threat" and "Threaten" means a declaration by word or action of one's intention to inflict injury on another person, their rights or property or employment.

(s) "Tribe" means the Skokomish Indian Tribe.

(t) "Weapon" means any revolver, pistol or other firearm, whether loaded or unloaded, any knife, other than an ordinary pocket knife, or any dirk, dagger, sling shot, metal knuckles, explosive or incendiary devises, martial arts weapon, or any instrument by the use of which injury could be inflicted upon the person or property of any other person.

(u) "Willfully" means with the purpose of achieving a result that constitutes a crime.

(v) "Without Lawful Authority" means that no legitimate defense justifies the conduct in question. Legitimate defenses include, but are not limited to: reasonable force and/or detention by an enforcement officer; reasonable discipline by a parent; force reasonably used in self-defense, defense of another or to prevent the commission of a crime; retrieving property when a person knows he or she has the right to it; doing an act pursuant to a lawfully issued permit or government agency, authority or court order; implied invitation by a business and by public organization for members of the public with legitimate business to be on the premises during normal working hours; or exercising a protected or legal or civil right. The absence of lawful authority can be inferred in appropriate circumstances unless the defendant asserts a legitimate defense.

9.01.080 Capacity

Children under the age of eight (8) years are incapable of committing crimes.

OFFENSES AGAINST THE PERSON

9.02.010 Criminal Homicide

Any person who knowingly, recklessly, or negligently causes the death of another shall be guilty of a class A offense.

9.02.020 Rape (REPEALED March 19, 1998, S.T.C. 9.02A)

9.02.030 Kidnapping

Any person who:

(a) restrains another by use or threat of deadly force; or

(b) who secretes or holds another in a place he or she is not likely to be found, with intent:

(1) To hold him or her for ransom, as a shield, or as a hostage; or

(2) To inflict bodily injury on him or her; or

(3) To inflict extreme mental distress on him or her or a third person;

shall be guilty of a class A offense.

9.02.040 Assault

Any person who willfully attempts or threatens to inflict bodily harm on another person through force or violence shall be guilty of a class B offense.

9.02.050 Battery

Any person who willfully strikes another person or otherwise inflicts bodily harm, or who, by offering violence causes another to harm himself or herself shall be guilty of a class B offense.

9.02.060 Reckless Endangerment

Any person who recklessly engages in conduct that creates substantial risk of death or serious physical injury to another shall be guilty of a class B offense.

9.02.070 Unlawful Imprisonment

Any person who knowingly restrains another person without lawful authority shall be guilty of a class B offense.

9.02.080 Robbery

Any person who unlawfully takes personal property:

(a) from the person of another or in his or her presence;

(b) against his or her will; and

(c) by threat of injury to the person or property,

shall be guilty of a class B offense.

9.02.090 Indecent Liberties (REPEALED March 19, 1998, S.T.C. 9.02A)

9.02.100 Intimidation

Any person who threatens another with intent to coerce the other person to act against his or her will shall be guilty of a class C offense.

9.02.110 Contributing to the Criminal Act of a Minor

Any person, who by act or omission, knowingly encourages, causes, or contributes to the criminal act of a minor, shall be guilty of a class C offense.

[Cross Reference Delivery of Alcohol to Person Under Twenty-One Years of Age, Section. 9.04.020.]

SEX CRIMES

9.02A.005 Prior Sections Repealed

(a) The following sections of Title 9 of the Skokomish Tribal Code are hereby repealed:

(1) Definition provisions contained in section 9.01.070 regarding "Sexual Contact" (m) and "Sexual Intercourse" (n) and (o);

(2) Section 9.02.020 (Rape);

(3) Section 9.02.090 (Indecent Liberty);

(4) Section 9.05.090 (Public Indecency);

(5) Section 9.05.160 (Prostitution); and

(6) Section 9.06.010 (Incest).

(b) The provisions of S.T.C. 9.02A are intended to be interpreted consistent with all other sections of the Skokomish Tribal Code. Any conflict between the provisions of S.T.C. 9.02A and existing tribal law shall be resolved in favor of S.T.C. 9.02A.

9.02A.010 Definitions

As used in S.T.C. 9.02A:

(a) "Sexual intercourse"

(1) Has its ordinary meaning and occurs upon any penetration, however slight, and

(2) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

(3) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(b) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

(c) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage; or one who under tribal custom and tradition, as defined by the Tribal Council, would be considered a spouse to another and who reside together.

(d) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse or sexual contact whether that condition is produced by illness, defect, the influence of a substance or from some other cause.

(e) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(f) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.

(g) "Consent" 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.

(h) "Significant relationship" means a situation in which the perpetrator is:

(1) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; or

(2) A person who in the course of his or her employment supervises minors.

(i) "Tribal Community Standards" means the standards of conduct as defined by the Tribal Council.

9.02A.020 Testimony - Evidence - Written Motion - Admissibility

(a) In order to convict a person of any crime defined in S.T.C. 9.02A it shall not be necessary that the testimony of the alleged victim be corroborated.

(b) Evidence of the victim's past sexual behavior including but not limited to the victim's marital history, divorce history, or general reputation for promiscuity, nonchastity, or sexual mores contrary to tribal community standards is inadmissible on the issue of credibility and is inadmissible to prove the victim's consent except as provided in subsection (c) of this section, but when the perpetrator and the victim have engaged in sexual intercourse with each other in the past, and when the past behavior is material to the issue of consent, evidence concerning the past behavior between the perpetrator and the victim may be admissible on the issue of consent to the offense.

(c) In any prosecution for the crime of rape or for an attempt to commit or an assault with an intent to commit any such crime, evidence of the victim's past sexual behavior including but not limited to the victim's marital behavior, divorce history, or general reputation for promiscuity, nonchastity, or sexual mores contrary to tribal community standards is not admissible if offered to attack the credibility of the victim and is admissible on the issue of consent only pursuant to the following procedure:

(1) A written pretrial motion shall be made by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevancy of evidence of the past sexual behavior of the victim proposed to be presented and its relevancy on the issue of the consent of the victim.

(2) The written motion shall be accompanied by an affidavit or affidavits in which the offer of proof shall be stated.

(3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and the hearing shall be closed except to the necessary witnesses, the defendant, counsel, and those who have a direct interest in the case or in the work of the court.

(4) At the conclusion of the hearing, if the court finds that the evidence proposed to be offered by the defendant regarding the past sexual behavior of the victim is relevant to the issue of the victim's consent, and the evidence is not inadmissible because its probative value is substantially outweighed by the probability that its admission will create a substantial danger of undue prejudice and that the exclusion of the evidence would result in denial of substantial justice to the defendant, then the court shall make an order stating what evidence may be introduced by the defendant, which order may include the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.

(d) Nothing in this section shall be construed to prohibit cross-examination of the victim on the issue of past sexual behavior when the prosecution presents evidence in its case in chief tending to prove the nature of the victim's past sexual behavior, but the court may require a hearing pursuant to subsection (c) of this section concerning such evidence.

9.02A.030 Defenses to Prosecution Under S.T.C. 9.02A

(a) In any prosecution under S.T.C. 9.02A in which lack of consent is based solely upon the victim's mental incapacity or upon the victim's being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the victim was not mentally incapacitated and/or physically helpless.

(b) In any prosecution under S.T.C. 9.02A in which the offense or degree of the offense depends on the victim's age, it is no defense that the perpetrator did not know the victim's age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, that it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (c) of this section based upon declarations as to age by the alleged victim.

(c) The defense afforded by subsection (b) of this section requires that for the following defendants, the reasonable belief be as indicated:

(1) For a defendant charged with rape of a child in the first degree, that the victim was at least twelve, or was less than twenty-four months younger than the defendant;

(2) For a defendant charged with rape of a child in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant;

(3) For a defendant charged with rape of a child in the third degree, that the victim was at least sixteen, or was less than forty-eight months younger than the defendant;

(4) For a defendant charged with sexual misconduct with a minor in the first degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant;

(5) For a defendant charged with child molestation in the first degree, that the victim was at least twelve, or was less than thirty-six months younger than the defendant;

(6) For a defendant charged with child molestation in the second degree, that the victim was at least fourteen, or was less than thirty-six months younger than the defendant;

(7) For a defendant charged with child molestation in the third degree, that the victim was at least sixteen, or was less than thirty-six months younger than the defendant;

(8) For a defendant charged with sexual misconduct with a minor in the second degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant.

9.02A.040 Rape in the First Degree

(a) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:

(1) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or

(2) Kidnaps the victim; or

(3) Inflicts serious physical injury; or

(4) Unlawfully enters into the building or vehicle where the victim is situated.

(b) Rape in the first degree is a class A offense and the Tribal Court shall impose a penalty of one (1) year jail time and $5,000 fine.

9.02A.041 Rape in the Second Degree

(a) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

(1) By forcible compulsion; or

(2) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

(b) Rape in the second degree is a class A offense and the Tribal Court shall impose a minimum penalty of nine (9) months jail time and $5,000 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.042 Rape in the Third Degree

(a) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person, not married to the perpetrator:

(1) Where the victim did not consent to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct, or

(2) Where there is threat of substantial unlawful harm to property rights of the victim.

(b) Rape in the third degree is a class A offense and the Tribal Court shall impose a minimum penalty of six months jail time and $2,500 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.050 Rape of a Child in the First Degree

(a) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim.

(b) Rape of a child in the first degree is a class A offense and the Tribal Court shall impose a minimum penalty of one (1) year jail time and $5,000 fine.

9.02A.051 Rape of a Child in the Second Degree

(a) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(b) Rape of a child in the second degree is a class A offense and the Tribal Court shall impose a minimum penalty of nine (9) months jail time and $5,000 fine. One-half of such fine may be reduced by the performance of community service..

9.02A.052 Rape of a Child in the Third Degree

(a) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(b) Rape of a child in the third degree is a class A offense and the Tribal Court shall impose a minimum penalty of six (6) months jail time and $2,500 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.060 Child Molestation in the First Degree

(a) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(b) Child molestation in the first degree is a class A offense and the Tribal Court shall impose a minimum penalty of nine (9) months jail time and $5,000 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.061 Child Molestation in the Second Degree

(a) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(b) Child molestation in the second degree is a class A offense and the Tribal Court shall impose a minimum penalty of six (6) months jail time and $2,500 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.062 Child Molestation in the Third Degree

(a) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(b) Child molestation in the third degree is a class B offense. The Tribal Court shall impose a minimum penalty of three (3) months jail time and $2,500 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.070 Sexual Misconduct With a Minor in the First Degree

(a) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.

(b) Sexual misconduct with a minor in the first degree is a class A offense and the Tribal Court shall impose a minimum penalty of six (6) months jail time and $2,500 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.071 Sexual Misconduct With a Minor in the Second Degree

(a) A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.

(b) Sexual misconduct with a minor in the second degree is a class B offense and the Tribal Court shall impose a minimum penalty of three (3) months jail time and $2,500 fine. One-half of such fine may be reduced by the performance of community service.

9.02A.080 Indecent Liberties

(a) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

(1) By forcible compulsion; or

(2) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless.

(b) Indecent liberties is a class B offense.

9.02A.090 Public Indecency

(a) A person is guilty of public indecency when he knowingly exposes his genitalia, or gestures in a manner that is likely to cause reasonable affront or alarm, to another person who is not his spouse:

(1) Without the other person’s consent; or

(2) When the other person is under the age of sixteen (16) years, whether there is consent or not.

(b) Public indecency is a Class C offense.

9.02A.100 Prostitution

(a) A person is guilty of prostitution when the person shall offer or agree to engage in sexual intercourse or sexual contact with another person for money or other consideration, or procures another person to offer or agree to engage in sexual intercourse or sexual contact with another person for money or other consideration.

(b) Prostitution is a Class B offense.

SEX OFFENDER NOTIFICATION AND REGISTRATION

(a) The Skokomish Tribal Council finds that sex offenders present a risk to reoffend and that the efforts of law enforcement to protect the community, conduct investigations and to apprehend those who commit sex offenses is impaired by the lack of information available about individuals who have pled to, or have been found guilty of, sex offenses.

(b) The Skokomish Tribal Council hereby establishes its policy to assist the efforts of federal, state and tribal law enforcement by requiring sex offenders who visit or reside on the Skokomish Reservation to notify and register with the Skokomish Department of Public Safety.

9.02B.010 Definitions

Where a term is not defined in this section, it shall be given its ordinary meaning, unless otherwise defined in S.T.C. 9.02B. Terms used in this section shall have the following meaning, except where the context indicates otherwise:

(a) "Department" means the Skokomish Department of Public Safety;

(b) "Director" means the Director of the Skokomish Department of Public Safety, or his designee;

(c) "Indian" means a person who is a member of an Indian tribe;

(d) "Indian Tribe" means any federally recognized tribe, band, nation, rancheria, pueblo, colony, community or any other group of Indians, including any Alaska Native Village or Corporation;

(e) "Non-Indian" means a person who is not an Indian;

(f) "Reservation" means the Skokomish Indian Reservation established pursuant to the Treaty of Point No Point of January 26, 1855, 12 Stat. 933, and the Executive Order of February 25, 1874;

(g) "Resident" means any person who occupies a dwelling within the Reservation for a period of no less than 30 consecutive days in a calendar year;

(h) "Tribal Court" means the Skokomish Tribal Court or any court established by the Tribe to adjudicate and enforce the provisions of S.T.C. 9.02B or violations of other tribal laws;

(i) "Tribal Member" means a person who is enrolled as a member of the Skokomish Indian Tribe;

(j) "Tribe" means the Skokomish Indian Tribe, the present day sovereign entity which is the political successor in interest to certain tribes, bands or groups of Indians who were parties to the Treaty of Point No Point.

(k) "Visitor" means any person within the Reservation who is not a resident;

9.02B.015 Application

The notification and registration provisions of S.T.C. 9.02B shall apply to any adult or juvenile residing on, or visiting, the Reservation:

(a) Who has pled guilty to, been found guilty of, or who has been found not guilty by reason of insanity to any sex offense under S.T.C. 9.02A of the Skokomish Law and Order Code; or

(b) Who has pled guilty to, been found guilty of, or who has been found not guilty by reason of insanity, to any attempt, solicitation or conspiracy to commit a crime that requires or would require that person to register as a sex offender under federal law, or under the law of any state, other Indian tribe, territory, commonwealth, foreign country or other jurisdiction.

9.02B.020 Risk to the Community

(a) Sex offenders present various "Levels of Risk" to the tribal community and shall be classified by the level of risk presented to the tribal community as identified by the Director, Skokomish Department of Public Safety:

(1) The Director is hereby authorized on behalf of the Tribe to take any and all necessary steps, including coordinating with other tribal, state and federal agencies, to obtain relevant and necessary information in determining the status and risk assessment level of each sex offender;

(2) The Director shall determine the status and risk assessment level of each sex offender based upon the available information at the time of notification and registration;

(3) The Director may change a sex offender’s identified level of risk and/or further restrict activities and movements of a sex offender in accordance with his duty to best serve and protect the tribal community; provided that the Director shall not change the initial level of risk of a sex offender without prior consultation with the Skokomish Law and Order Committee and approval by the Tribal Council; and

(4) The Director shall, at a minimum, follow the guidelines set forth in subsection (2); provided that the Director may impose more restrictive conditions on a case by case basis following consultation with the Skokomish Law and Order Committee for a period not to exceed thirty (30) days; provided further that any extension of such restrictive conditions must be approved by the Tribal Council.

(b) Assigned assessment, parameters of tribal community concern, restrictions placed upon the movements and activities of a sex offender, and law enforcement notification requirements shall be as follows:

9.02B.025 Exceptions

Sex offenders, less than eighteen (18) years of age who are not legally emancipated, or have not been tried and found guilty as an adult, and have been assessed as a Level II or III offender, or the equivalent:

(a) Shall, if an Indian child, be referred to Indian Child Welfare Program within the Skokomish Department of Social Services, and if a non-Indian child, be referred to Washington Child Protective Services, for an independent evaluation as to the danger presented, and any restrictions to be imposed, by the attendance of the child at any public or private school located on the Skokomish Reservation.

(b) The Tribal Court shall decide if the cost of any evaluation will be the responsibility of the legal parent or guardian of the child.

9.02B.030 Release of Information / Community Notification / Immunity

(1) Release of Information.

Tribal officials are authorized to release relevant and necessary information regarding sex offenders to the public when such information is reasonably necessary for protection of the tribal community.

(2) Tribal Community Notification Requirements.

Within seventy two (72) hours of the registration of a sex offender, the Director shall notify the individuals, groups and organizations identified according to the risk assessment levels of section 9.02B.020(b) by any reasonable method, including public posting, mailing, or personal delivery.

(3) Immunity.

Tribal officials are immune from civil liability for damages for any discretionary decision to release relevant and necessary information pursuant to S.T.C. 9.02B.

9.02B.040 Sex Offender Notification Requirements

(a) Visitors.

All persons to whom S.T.C. 9.02B is applicable must notify the Director, through the Skokomish Department of Public Safety, upon entering and remaining on the Skokomish Reservation as follows:

(1) Any person visiting or intending to visit the Reservation for a period exceeding twenty four (24) hours, but less than seven (7) calendar days, shall notify the Director and provide their current physical address(es) and/or the location(s) within eight (8) hours of arrival; and

(2) Any person visiting or intending to visit the Reservation for a period exceeding seven (7) calendar days must notify the Director and complete all the registration requirements of S.T.C. 9.02B within eight (8) hours of arrival.

(b) Residents.

All persons to whom S.T.C. 9.02B is applicable must notify the Director, through the Skokomish Department of Public Safety, upon entering and remaining on the Skokomish Reservation as follows:

(1) Any person currently residing on the Reservation at the time of enactment of S.T.C. 9.02B shall notify and register with the Director within thirty (30) calendar days;

(2) Any person intending to reside within the external boundaries of the Reservation must notify the Director and complete all the registration requirements of S.T.C. 9.02B at least fourteen (14) calendar days prior to moving to the Reservation;

(3) Any person that resides on the Reservation shall provide notification to the Director at least fourteen (14) calendar days prior to a change of residence.

9.02B.050 Sex Offender Registration Requirements

All persons to whom S.T.C. 9.02B is applicable and who are required to register as a sex offender under its provisions shall:

(a) At the time of registration, provide the Director, through the Skokomish Department of Public Safety, with a copy of any required registration form from the foreign jurisdiction.

(b) Complete the registration form provided by the Department which shall include the following information:

(1) Full name and all aliases which the person has used or under which the person has been known;

(2) A complete description of the person including height, weight, eyes, hair, date of birth and social security number;

(3) A current photograph (a new photograph shall be provided on an annual basis during the month of January to the Department);

(4) Name of each offense to which the person pled guilty or was found guilty; the name used at the time of conviction; the names of victims and witnesses to each offense; where each offense was committed; and the name of the court and location of jurisdiction;

(5) The name and location of each jail, facility or institution to which the person was committed for each offense; and

(6) Physical address and telephone number of current residence and place of employment.

9.02B.060 Duration of Registration

(a) Any person to whom S.T.C. 9.02B applies shall be required to register during any period of probation, parole or community placement.

(b) Except as otherwise specifically provided herein, any person to whom S.T.C. 9.02B applies shall continue to comply with the requirements of S.T.C. 9.02B for life while residing on the Skokomish Reservation.

9.02B.065 Exemption from Registration

(a) Petition to Tribal Court.

Any person required to register as a sex offender pursuant to S.T.C. 9.02B may, after a period of fifteen (15) years from the last date of discharge from probation, parole or release from incarceration, whichever is greater, petition the Tribal Court for a show cause hearing to determine if an exemption from the registration requirements is appropriate. In the petition, the petitioner shall provide clear and convincing evidence that the petitioner is not a risk to commit a new violation for any violent crime or any crime related to the requirements of registration as a sex offender based upon:

(1) An affidavit indicating that the petitioner is not knowingly under investigation for, has not pled guilty to, nor been convicted of any crime in any jurisdiction for the period of the previous twelve (12) consecutive years;

(2) A certified copy of any and all judgments of conviction which caused the petitioner to report as a sex offender;

(3) An affidavit and copy of notice as proof that the petitioner, at their own expense, has for the previous fourteen (14) calendar days posted notices at all tribal buildings of their intent to petition the Court to obtain an exemption from sex offender registration.

(b) Show Cause Hearing.

(1) The Tribal Court may grant a hearing if it finds that the petition is sufficient; and

(2) The Tribal Court may exempt the petitioner from the registration requirement only after a hearing on the petition in open court. The Tribal Court shall base its decision only upon a finding by clear and convincing evidence that the petitioner is not a risk to commit a new violation of any violent crime or any crime related to the requirements of registration as a sex offender.

9.02B.070 Violations and Penalties

(a) Failure to Notify

No person, required to provide notice of their status as a sex offender pursuant to the provisions of S.T.C. 9.02B, shall knowingly fail to notify the Department of their status as a sex offender.

(1) Violation of this section by a Skokomish tribal member or other Indian is a class C criminal offense;

(2) Violation of this section by a non-Indian is a civil offense and the Tribal Court shall impose a minimum civil fine of five-hundred dollars ($500), not to exceed one-thousand dollars ($1,000).

(b) Failure to Register

No person, required to register as a sex offender pursuant to the provisions of S.T.C. 9.02B, shall knowingly fail to register as a sex offender with the Department.

(1) Violation of this section by a Skokomish tribal member or other Indian is a class B criminal offense:

(A) First Violation

Tribal Court shall impose a minimum penalty of 60 days jail time and a fine of $1,000.00;

(B) Second and Subsequent Violations

Tribal Court shall impose a minimum penalty of 180 days jail time and a fine of $2,500.00; provided that the Tribal Court upon its own initiative or any person authorized pursuant to S.T.C. 3.05 - Civil Exclusion and Removal - may file a complaint for the exclusion and removal of any Indian other than a Skokomish tribal member upon his or her second violation of this section.

(2) Violation of this section by a non-Indian is a civil offense. The Tribal Court shall impose a minimum civil fine of two-thousand and five hundred dollars ($2,500); provided that the Tribal Court upon its own initiative or any person authorized pursuant to S.T.C. 3.05 - Civil Exclusion and Removal - may file a complaint for the exclusion and removal of such non-Indian.

(c) Furnishing False or Misleading Information

No person shall knowingly furnish, or cause to be furnished, any false or misleading information to be included on the Sex Offender Registration form.

(1) Violation of this section by a Skokomish tribal member or other Indian is a class B criminal offense.

(2) Violation of this section by a non-Indian is punishable by a civil fine of no less than one-thousand dollars ($1,000); provided that the Tribal Court upon its own initiative or any person authorized pursuant to S.T.C. 3.05 - Civil Exclusion and Removal - may file a complaint for the exclusion and removal of such non-Indian.

(d) Obstruction of Tribal Community Notification

No person shall, without prior approval of the Director, remove, alter, mutilate or destroy any notice to the tribal community posted pursuant to S.T.C. 9.02B.

(1) Violation of this section by a Skokomish tribal member or other Indian is a class C criminal offense;

(2) Violation of this section by a non-Indian is a civil offense and the Tribal Court shall impose a minimum civil fine of five-hundred dollars ($500), not to exceed one-thousand dollars ($1,000).

9.02B.080 Payment of Fines /Payment for Incarceration Costs

(a) Any monetary penalty or civil fine assessed by the Tribal Court pursuant to S.T.C. 9.02B shall be paid in full within three (3) months from judgment.

(b) Except as provided in sub-section (d) of this section, all persons subject to S.T.C. 9.02B shall be required to repay the Skokomish Tribe within one (1) year of the date of their release for the costs of their incarceration and any related expenses. The conditions of such repayment shall be set by the Tribal Court.

(c) All portions of any sentence not served, or fine not paid, may be construed as a subsequent violation and may be added to the penalties incurred; provided that the Tribal Court upon its own initiative or any person authorized pursuant to S.T.C. 8.05 - Civil Exclusion and Removal - may file a complaint for the exclusion and removal of such person.

(d) The Tribal Court shall determine if a parent or legal guardian of an offender that is a minor child shall be responsible for any monetary penalties or incarceration costs required by this section.

9.02B.090 Severability

If any provision of S.T.C. 9.02B or its application is held to be invalid, the remainder of S.T.C. 9.02B, or the application of the provision to other persons, or circumstances, is not affected.

9.02B.095 Effective Date

The provisions of S.T.C. 9.02B shall become effective thirty days from the date of resolution approving and adopting the same by the Tribal Council. The Department shall cause to be published and/or posted at tribal buildings a notice to the tribal community of the notification and registration requirements of sex offenders under S.T.C. 9.02B.

PROPERTY-RELATED OFFENSES

9.03.010 Arson

Any person who willfully causes a fire or explosion with intent to damage property or who knowingly causes a fire or explosion and thereby places any person in danger or causes death or injury to another person including fire fighters shall be guilty of a class A offense.

9.03.020 Burglary

Any person who enters or remains unlawfully in any building, structure, or vehicle with intent to commit an offense there shall be guilty of a class B offense. In any prosecution for burglary, intent to commit an offense may be inferred from entering or remaining unless it can be explained by sufficient evidence to the trier of fact to have been made without criminal intent.

9.03.030 Fraud

Any person who obtains money or other property by deceit, willful misrepresentation or false statement shall be guilty of a class B offense.

9.03.040 Obtaining a Signature by Deception or Duress

Any person who causes another person to sign or execute a written instrument by employing deception or coercion and with intent to defraud and deprive, shall be guilty of a class B offense.

9.03.050 Criminal Impersonation

Any person who:

(a) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or

(b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose,

shall be guilty of a class B offense.

9.03.060 Extortion

Any person who knowingly obtains or attempts to obtain property or services of another by threat shall be guilty of a class B offense.

9.03.070 Desecration of Religious Sites

Any person who removes artifacts or other items from any burial grounds or from any traditional, sacred, or religious area of the Skokomish Indian Tribe, or otherwise desecrates in any fashion such grounds or areas shall be guilty of a class B offense.

9.03.080 Trespass

Any person who knowingly enters lands or buildings of another:

(a) which are posted, fenced, or otherwise enclosed in a manner designed to exclude intruders; or

(b) who refuses to leave immediately on request of the owner, occupant, or caretaker of the property, or on request of a law enforcement officer; or

(c) who refuses to comply with a "No Loitering" sign; or

(d) who refuses to comply with an order of exclusion or banishment from the Skokomish Indian Reservation issued by a court of any jurisdiction;

shall be guilty of a class C offense.

9.03.090 Theft

Any person who takes the property of another with intent to deprive the other person of the property or obtains services in a manner designed to avoid payment or uses another person's telephone number or calling card without permission of that other person shall be guilty of a class C offense.

9.03.100 Unlawful Issuance of Checks

Any person who, with intent to defraud, makes, draws, utters, or delivers to another person any check, or draft, on a bank or other depository for the payment of money, and he or she knows at the time of such drawing, or delivery, that he or she does not have sufficient funds in, or credit with said bank or depository, to cover the check or draft in full upon its presentation, shall be guilty a class C offense.

The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivering of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.

9.03.110 Receiving Stolen Property

Any person who possesses, receives, conceals, sells, or aids in receiving or concealing property that he or she knew or reasonably should have known was obtained by any unlawful means, shall be guilty of a class C offense.

9.03.120 Vandalism and Unauthorized Use

Any person who uses, injures or destroys public or private property of any kind, not his or her own, with malice or without authority shall be guilty of a class C offense.

9.03.130 Forgery

Any person who signs, executes, alters or falsifies or presents to another person any written documents (such as permits or identification), checks, currency or other written instrument with intent to defraud shall be guilty of a class C offense.

9.03.140 Obscuring the Identity of a Machine

Any person who knowingly obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, firearm or other device with intent to render it unidentifiable; or possesses a vehicle, machine, engine, apparatus, appliance, firearm or other device held for sale knowing that the serial number or other identification number or mark has been obscured, shall be guilty of a class C offense.

"Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable.

9.03.150 Harvesting Timber or Forest Products Without a Permit

Any person who cuts, harvests or takes timber, standing or fallen, or cuts, harvests or takes any forest products on tribal property without first obtaining a permit from the Tribal Council, or who cuts timber, standing or fallen, on the property of another person without a permit and first obtaining the owner's written permission, shall be guilty of a class C offense.

Any harvesting of timber or forest products must comply with the provisions of the Land Use Ordinance and Environmental Protection Act of the Skokomish Indian Tribe.

9.03.160 Unauthorized Use of Tribal Identification Card or Permit

Any person who loans his or her tribal identification card, permit or other official tribal card to another or who borrows the tribal identification card of another or who presents as their own another persons tribal identification card, permit or other official tribal card shall be guilty of a class D offense.

ALCOHOL-RELATED OFFENSES

"Consume" means the act of consuming alcohol, the condition of having consumed alcohol and the condition of being under the influence of alcohol.

"Possession" means to have in ones actual physical control, or to have both the power and ability to exercise control even though the object is not under his or her direct physical control.

9.04.010 Liquor Violations

Any person who possesses, trades, transports, or manufactures any alcoholic beverage for sale within the territorial jurisdiction of the Skokomish Indian Tribe without authorization from the Tribe shall be guilty of a class B offense.

9.04.020 Delivery of Alcohol to Person Under Twenty-One Years of Age

Any person who gives, sells, or trades any alcoholic beverage to a person under the age of twenty-one (21) years or fails to prevent or allows a person under the age of twenty-one (21) to consume an alcoholic beverage in a motor vehicle he owns or is driving, or in a building he owns, leases or rents shall be guilty of a class C offense.

9.04.030 Minor Under the Influence of Alcohol.

Any person under the age of twenty-one (21) years, whether in a public or private location (including his or her own residence) who is found to be under the influence of any intoxicating beverage to any degree shall be guilty of a class D offense.

9.04.040 Minor in Possession of Alcohol

Any person under the age of twenty-one (21) years who possesses, purchases, consumes, obtains or sells any alcoholic beverage shall be guilty of a class D offense.

OFFENSES AGAINST THE COMMUNITY PEACE, MORALS, SAFETY AND WELFARE

9.05.010 Carrying a Concealed Firearm or Other Deadly Weapon

Any person who knowingly conceals a firearm or other deadly weapon upon his or her person or within the passenger compartment of any vehicle, without a valid permit to carry a firearm or other deadly weapon granted by the Skokomish Indian Tribe, or other competent jurisdiction, shall be guilty of a class B offense.

Law Enforcement may seize any weapon that is being held or concealed in violation of this ordinance.

9.05.020 Unlawful Discharge of Firearm

Any person who discharges any firearm or other device which propels a missile capable of causing injury in any manner:

(a) creating a nuisance or hazard; or

(b) from or across any road; or

(c) at or near any gathering of people

shall be guilty of a class B offense.

Any person who knowingly allows any person whose behavior he or she is responsible for to violate any portion of this section shall be guilty of a class B offense.

9.05.030 Unlawful Display of a Weapon

Any person who carries, exhibits, displays or draws any firearm or other weapon apparently capable of producing bodily harm, in a manner, and under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of others shall be guilty of a class B offense.

9.05.040 Unlawful Possession of a Firearm

Any person who:

(a) has one or more outstanding warrants for a crime of violence, including domestic violence, from a court of any jurisdiction; or

(b) has been convicted by a court of any jurisdiction of an attempt or commission of a crime of violence, including domestic violence; or

(c) has been charged with or awaiting sentencing for or on appeal from conviction of a crime of violence, including domestic violence, in a court of any jurisdiction; or

(d) has been ruled mentally incompetent by a court of any jurisdiction; or

(e) is under 14 years of age and not under the direct supervision of an adult shall be guilty of a class B offense.

9.05.050 Riot

Any person who, acting with three or more other persons, knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property shall be guilty of a class B offense.

9.05.060 Adulteration

Any person who knowingly manufactures, sells, or offers for sale, or intentionally keeps any food, drug, or drink which is adulterated with a harmful substance, or which, because of a defect in its manufacturing process, is harmful when ingested, shall be guilty of a class B offense.

9.05.070 Interference with Community Gatherings

Any person who intentionally interferes with the participation or enjoyment of another at any funeral, religious gathering, sporting event, bingo or other tribal business activity, Tribal Days event, or other community gathering, shall be guilty of a class C offense.

9.05.080 Disorderly Conduct

Any person, whether in a public or private location (including his or her own residence) who:

(a) intentionally uses words or conduct in an effort to provoke another person to assault or batter anyone; or

(b) encourages or assists in provoking a dog or other animal to attack another person, unless in lawful protection of any person or property; or

(c) without lawful authority, intentionally interferes with the participation or enjoyment by another person of a funeral, religious or fraternal gathering, sporting event, bingo or other tribal business activity, Tribal Court proceeding, Tribal Days event, or any other public and lawful community gathering or meeting; or

(d) repeatedly screams, yells or otherwise makes loud noises at anytime of the day to the point where the peace and tranquillity of the public is disrupted; or

(e) between the hours of 10 p.m. to 7 a.m. makes or allows any loud noises, voices or music to come from his or her residence or vehicle to the point where neighbors are unable to sleep; or

(f) operates a motor vehicle so as to allow the vehicle's tires to squeal or needlessly spray debris, unless attempting to free the vehicle from a stuck position; or

(g) repeatedly revs the engine of a motor vehicle, unless necessary for the purposes of warming the engine or repairing the vehicle

shall be guilty of a class D offense.

9.05.090 Public Indecency (REPEALED March 19, 1998, S.T.C. 9.02A)

9.05.100 Cruelty to Animals

Any person who abandons, neglects, tortures, needlessly annoys, or cruelly mistreats any animal shall be guilty of a class C offense.

9.05.110 Abandoning Refrigeration Equipment

Any person who discards or abandons any refrigerator, icebox, or freezer which has not had the door removed or secured to prevent opening, or a portion of the latch mechanism removed to prevent latching or locking of the door, shall be guilty of a class C offense.

9.05.120 Allowing Animals at Large

Any person who has the care or custody of any animal, and who shall allow or fail to take reasonable steps to prevent the animal from escaping or run at large in any place or manner liable to endanger the safety of any person or property shall be guilty of a class D offense.

9.05.130 Failure to Disperse

Any person who congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and who refuses or fails to disperse when ordered to do so by a law enforcement officer or other servant engaged in enforcing or executing the law, shall be guilty of class D offense.

9.05.140 False Reporting

Any person who with knowledge that the information reported, conveyed or circulated is false, initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to

(a) cause the evacuation of a building, place of assembly, or transportation facility, or

(b) interfere with the provision of services by law enforcement, fire or emergency medical personnel

(c) interfere with the detainment, arrest, citation or filing of criminal charges against any person including himself

shall be guilty of a class D offense.

9.05.150 Telephone Abuse

Any person who makes a telephone call with intent to annoy, alarm, insult, threaten, or taunt another and any person who refuses to surrender the use of a party line when the telephone is needed for an emergency, shall be guilty of a class D offense.

9.05.160 Prostitution (REPEALED March 19, 1998, S.T.C. 9.02A)

9.05.170 Littering

Any person who deposits, discards or leaves any material in, adjacent to, or on lands, waters, roads or other public places within the jurisdiction of the Skokomish Indian Tribe not designated for such discarding or refuse, or who willfully deposits or discards such refuse within or on the lands or premises belonging to another person without permission of the owner, or who permits another to do one of the acts described in this section is guilty of a class C offense.

"Material" as used in this section, includes, but is not limited to, paper, scrap metal, used containers, inoperative vehicles, tools, machinery, food, waste or refuse.

In addition to, or instead of, any fine imposed under this section, the Skokomish Tribal Judge may order removal of such deposited or discarded refuse, or any other similarly discarded refuse or order the violator to pay for the removal and compensate the victim or Tribe for damage.

FAMILY-RELATED OFFENSES

9.06.010 Incest (REPEALED March 19, 1998, S.T.C. 9.02A)

9.06.020 Endangering the Welfare of a Minor

Any person who knowingly endangers the welfare of a minor by violating a duty of care, protection or support, or by intentionally leaving the minor without care or by otherwise neglecting to care for the minor in any manner which threatens serious harm to the physical or emotional well-being of the minor, shall be guilty of a class B offense.

9.06.030 Bigamy

Any person who intentionally marries or falsely claims to marry another person when either person has a living spouse, is guilty of a class B offense.

In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage:

(a) The defendant reasonably believed that the prior spouse was dead; or

(b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or

(c) The defendant reasonably believed that he or she was legally eligible to marry.

9.06.040 Interference with Custody

Any person without lawful authority, who knowingly takes or entices a minor or incompetent person from the legal custody of a person, agency, or institution or who fails to return a minor or incompetent person to another's legal custody as required by the terms of a valid court order shall be guilty of a class C offense.

The Court shall take into consideration the duration of the interference and the level of trauma resulting to the minor or incompetent person in sentencing a person for this offense.

9.06.050 Failure to Support Dependent Persons

Any person who, without reasonable excuse, refuses or neglects to furnish food, shelter, or care to those dependent upon him or her under the laws of customs and usage of the Skokomish Indian Tribe, or if he or she fails to make proper use of funds or property of a dependent person for the benefit of the dependent, shall be guilty of a class C offense.

9.06.060 Desertion and Non-Support of Minor

Any person who leaves a minor who is less than twelve (12) years of age alone for an amount of time that would ordinarily raise concern based on the standards of the Skokomish Tribal Community and fails to provide for the minors support or care while he or she is away, or willfully neglects or refuses to provide for the support or maintenance of his or her minor, or of a minor in his or her custody, when financially able to do so, shall be guilty of a class C offense.

9.06.070 Failure to Send Minor to School

Any person who, without good cause, fails to send his or her minor or any minor under his or her care to school, and such minor has not reached his or her sixteenth (16th) birthday or has not completed the tenth (10th) grade, whichever comes first, shall be guilty of a class D offense.

The Skokomish Tribal Court shall have the authority to fashion an alternative to regular high school attendance, including but not limited to, acquisition of a Washington certificate of educational competence as awarded by the Washington state superintendent of public instruction or an official report of equivalent acceptable scores of the general educational development test (G.E.D.).

9.06.080 Curfew

Any person who is a parent, legal guardian or custodian of a minor who has violated curfew at a time when such person knew, or in the exercise of parental responsibility should have known, that the minor was committing a curfew offense and did not take appropriate steps to prevent the offense, shall be guilty of a class C offense.

[Cross Reference Curfew, S.T.C. 9.12.010.]

9.06.100 Domestic Violence Ordinance

9.06.101 General Provisions

(a) Declaration of Policy

The Skokomish Indian Tribe recognizes that domestic violence is a serious crime. The official response to cases of domestic violence shall stress the enforcement of laws to protect the victims and shall communicate the policy of the Skokomish Indian Tribe that violent behavior will not be tolerated. It is also a policy of the Skokomish Indian Tribe to assure the victims of domestic violence the maximum protection from abuse which the law and those that enforce the law can provide.

(b) Definitions

Where a term is not defined in this section, it shall be given its ordinary meaning, unless otherwise defined in the Ordinance. Terms used in this section shall have the following meaning, except where the context clearly indicates otherwise:

(1) "Court" means the Skokomish Tribal Court or another court of competent jurisdiction;

(2) "Domestic Violence" means any act resulting in physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury when committed by one family or household member against another, including, but not limited to, any of the following crimes when committed by one family or household member against another:

(A) Rape (S.T.C. 9.02A.006, 9.02A.007, and 9.02A.0O8);

(B) Kidnapping (S.T.C. 9.02.030);

(C) Assault (S.T.C. 9.02.040);

(D) Battery (S.T.C. 9.02.050);

(E) Reckless Endangerment (S.T.C. 9.02.060);

(F) Unlawful Imprisonment (S.T.C. 9.02.070);

(G) Indecent Liberties (S.T.C. 9.02A.016);

(H) Intimidation (S.T.C. 9.02.100);

(I) Burglary (S.T.C. 9.03.020);

(J) Trespass (S.T.C. 9.03.080);

(K) Vandalism and Unauthorized Use (S.T.C. 9.03.120);

(L) Violation of the provisions of a restraining order restraining the person or excluding the person from a residence;

(M) Violation of the provisions of a protection order restraining the person or excluding the person from a residence;

(3) "Family" or "Household Members" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or who have resided together in the past, and persons who have a child in common, regardless of whether they have been married or have lived together at any time.

(4) "Victim" means a family member or household member who has been subjected to domestic violence.

(c) Crimes Involving Domestic Violence

When an act resulting in physical harm or bodily injury, or the infliction of fear of physical harm or bodily injury, or a crime, enumerated within the definition of "domestic violence" in subsection (b), is committed against a family member or household member, the citation or complaint shall indicate that the act or crime involved domestic violence.

9.06.102 Law Enforcement Officers - Training; Powers; Duties

(a) Training

All training relating to the handling of domestic violence complaints by Skokomish Tribal Law Enforcement Officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. The Skokomish Department of Public Safety and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

(b) Duties

The primary duty of Skokomish Tribal law enforcement officers when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the victim. The Skokomish Tribal law enforcement officers shall have the authority to arrest or issue a criminal summons pursuant to this Ordinance.

(c) Response

When a law enforcement officer responds to a domestic violence call, the officer shall notify the victim of the victim’s right to initiate a criminal proceeding against the offender in all cases where the officer has not exercised arrest powers, or decided to initiate criminal proceedings by summons or otherwise. The parties in such cases shall be advised of the importance of preserving evidence.

(d) Offense Report

A law enforcement officer, having responded to a call where domestic violence occurred, shall complete an offense report, including statements from those involved, and the officer’s disposition of the case. A copy of the report shall be forwarded to the Court.

(e) Notice of Legal Rights and Remedies

When a law enforcement officer responds to a domestic violence call, the officer shall advise victims of all responsible means to prevent further abuse, including advising each person of the availability of a shelter, or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the Skokomish Tribal Prosecutor to file a criminal complaint. You also have the right to file a petition in Skokomish Tribal Court requesting an order for protection from domestic abuse which could include any of the following:

(1) An order restraining your abuser from further acts of abuse;

(2) An order directing your abuser to leave your household;

(3) An order preventing your abuser from entering your residence, school business, or place of employment;

(4) An order awarding you or the other parent custody of, or visitation with, your minor child or children;

(5) An order restraining your abuser from molesting or interfering with minor children in your custody;

(6) An order preventing the abuser from transferring any property or assets except in the usual course of business; and

(7) An order directing the party not granted custody of any minor children to pay temporary support to the custodial party, if there is a legal obligation to do so.

The forms needed to obtain a protection order are available from the Court."

(f) Assistance to Victim(s)

The law enforcement officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

(g) Report to Prosecutor

The Skokomish Department of Public Safety shall forward a domestic violence offense report to the Skokomish Tribal Prosecutor within ten business days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

(h) Records

The Department of Public Safety, as soon as practical, shall record and maintain records of all incidents of domestic violence. Records kept pursuant to this section shall be specifically coded for identification as domestic violence.

9.06.103 Complaint and Petition for an Order for Protection; Notice and Hearing; Relief

(a)Complaint and Petition for an Order for Protection

Any person may seek relief under this Ordinance by filing a Complaint and/or a Petition for an Order for Protection with the Court.

(1) A person may petition for relief on behalf of himself/herself, and/or on behalf of minor family or household members in the following manner:

(A) A Complaint and/or a Petition shall allege the existence of domestic violence and shall be accompanied by signed declaration made under penalty of perjury by the complaining witness:

(i) Identifying the perpetrator of domestic violence;

(ii) Identifying the victim of domestic violence; and

(iii) Stating the specific facts and circumstances from which relief is sought pursuant to S.T.C. 9.06.

(B) The petitioner may request, and the Court may issue without notice and a hearing, a Temporary Protection Order:

(i) Such Order shall be for no more than 30 days from the date of its issuance.

(ii) The Department of Public Safety or anyone authorized by the Court shall serve the Temporary Protection Order upon the respondent personally or by leaving it at the respondent’s residence or place of employment with a person at least 14 years old who lives or works there.

(iii) The clerk’s office shall forward a copy of the Order to the Department of Public Safety no later than the next business day following the issuance of the Order.

(C) Pursuant to a Temporary Protection Order, the Court may provide relief as follows:

(i) Exclude the respondent from the dwelling which the parties share, or from the residence, business, or place of employment of the petitioner; and

(ii) Award temporary custody and establish temporary visitation with regard to minor children of the parties, and restrain any party from interfering with the custody of the minor children; and

(iii) Order other relief as it deems necessary for the protection of a family or household member, including orders or directives to law enforcement officers pursuant to S.T.C. 9.06.

(D) A Petition may be made regardless of whether or not there is a pending suit, complaint, petition, criminal action, or other action between the parties.

(E) A person’s right to petition for relief under S.T.C. 9.06 is not affected by the person leaving the residence or household to avoid abuse.

(2) The clerk of the Skokomish Court shall make available simplified forms and instructions. Any assistance or information provided by clerks under this section does not constitute the practice of law. Clerks are not responsible for incorrect information contained in a Petition.

(b) Notice and Hearing

Upon receipt of a Complaint and/or a Petition for Order of Protection:

(1) The Court shall order a hearing, which shall be held not later than 30 days from the date of the filing of the Complaint and/or the Petition with the Court. The Court shall review the Complaint and/or the Petition to determine whether an Arrest Warrant or Summons should issue.

(2) If the Court issues a Summons, the Department of Public Safety or anyone authorized by the Court shall serve the Summons and the Order for Protection upon the respondent personally or by leaving it at the respondent’s residence or place of employment with a person at least 14 years old who lives or works there. The clerk of the Court shall have a copy of any Summons issued under this Ordinance forwarded on or before the next business day to the Department of Public Safety.

(A) Service of a Summons and an Order issued under S.T.C. 9.06 shall take precedence over the service of other documents unless they are of a similar emergency nature.

(B) If an Order entered by the Court recites that the respondent appeared in person before the Court, the necessity for further service is waived, and proof of service of that Order is not necessary.

(C) In the event personal service cannot be completed within 5 days prior to the hearing, the Court may set a new hearing date.

(D) Service may be made by publication in a newspaper of general circulation within Mason County, Washington; provided the law enforcement officer files an affidavit with the Court that personal service was attempted, but was unsuccessful because the respondent is avoiding service by concealment, or otherwise, and notice was sent to the respondent’s last known address.

(c) Relief

The relief granted under an Order for Protection shall be for a fixed period not to exceed one (1) year. Pursuant to an Order for Protection, the Court may provide relief as follows:

(1) Order a party from committing further acts of domestic violence; and

(2) Exclude the respondent from the dwelling which the parties share, or from the residence, business, or place of employment of the petitioner; and

(3) Award temporary custody and establish temporary visitation with regard to minor children of the parties, and restrain any party from interfering with the custody of the minor children; and

(4) Order the respondent to participate in treatment or counseling services; and

(5) Order the respondent from transferring any property or assets except in the usual course of business; and

(6) Order the party not granted custody of any minor children to pay temporary support to the custodial party; and

(7) Order other relief as it deems necessary for the protection of a family or household member, including orders or directives to law enforcement officers pursuant to S.T.C. 9.06.

(d) Modification of Order

Upon application and with notice of all parties and after a hearing, the Court may modify the terms of any existing Order. In any situation where an Order is terminated or modified before its expiration date, the clerk of the Court shall forward a copy of the modified or terminated Order to the Department of Public Safety no later than the next business day.

(e) Automatic Review and/or Renewal by the Court

The Court, prior to expiration of an Order For Protection, shall take reasonable steps to contact the petitioner and ascertain if the order should be extended.

9.06.105 Criminal Procedure

(a) Arrest

(1) A law enforcement officer shall arrest a person pursuant to an Arrest Warrant issued by the Court pursuant to this Ordinance.

(2) A law enforcement officer shall arrest and take into custody a person without a warrant, regardless of whether or not a victim requests the person be arrested, when:

(A) The officer has probable cause to believe that the person has committed an act resulting in physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury upon a family or household member within the preceding 12 hours; or

(B) Following the expiration of this 12-hour period, the officer has probable cause to believe that the person continues to pose an imminent threat of physical harm or bodily injury to the victim or victims; or

(C) The officer reasonably believes an Order has been issued under this Ordinance restraining the person and the officer has probable cause that the person has violated the terms of the Order restraining the person from acts or threats of violence, or excluding the person from the residence.

(3) When the officer has probable cause to believe that family or household members have committed acts of domestic violence against each other, the officer may, but is not required to, arrest both persons. The officer shall arrest the person whom the officer reasonably believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

(A) The intent of this Ordinance to protect victims of domestic violence;

(B) The comparative extent of injuries inflicted, or serious threats creating fear of physical injury; and

(C) The history of domestic violence between the persons involved.

(4) A law enforcement officer shall enforce an Order issued by the Court restricting the person’s ability to have contact with a victim, by arresting and taking the person into custody when the officer has probable cause to believe the person has violated the terms of that Order.

(b) Initial Appearance; Arraignment; Conditions of Release

(1) A defendant who is arrested for a crime involving domestic violence shall be brought before the Court for an initial appearance within 48 hours. At the initial appearance the Court shall determine whether to release the defendant and/or set the conditions of release according to established Rules of the Skokomish Tribal Court. The Court shall also determine the necessity of imposing a "No Contact Order" as a condition of release. The defendant may be arraigned at the initial appearance.

(2) A defendant who is criminally charged by complaint with an offense involving domestic violence and not arrested, or a defendant who is arrested for a crime involving domestic violence and not arraigned at the initial appearance, shall be served a summons to appear in court for an arraignment hearing in person no later than 30 days from the date of the complaint or initial appearance. The defendant’s appearance is mandatory, and cannot be waived.

(3) At the time of the defendant’s arraignment and/or initial appearance, if the Court has probable cause to believe the defendant is likely to use, display, or threaten to use a deadly weapon in any further acts of violence, as one of the conditions of pretrial release, the Court may require the defendant to surrender any such deadly weapon in the defendant’s possession or control to the Skokomish Department of Public Safety.

(c) Custody

Anyone arrested for a crime involving domestic violence shall be held without bail for 48 hours or until an initial appearance before the Skokomish Tribal Court, whichever occurs first.

9.06.105 Court Proceedings

(a) Restrictions Upon and Duties of the Court

Because of the serious nature of domestic violence, the Court, in domestic violence actions:

(1) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

(2) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

(3) Shall not dismiss any criminal charge involving domestic violence solely because the victim does not wish the defendant to be prosecuted, unless:

(A) The victim appears in Court and satisfies the Court that dismissing the charge is the best interest of the parties, including any minor children, and

(B) The Tribe concurs with the victim’s request;

(4) May issue a warrant directing the police to arrest a material witness in order to secure the witness’s appearance at trial or hearing if the witness has failed to appear in response to a properly served subpoena;

(5) May realign the designation of the parties as "petitioner" and "respondent," where the Court finds that the original petitioner is the abuser and the original respondent is the victim.

(b) No Contact Orders

Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person arrested or charged for a crime involving domestic violence is released from custody before arraignment , the Court shall determine whether a "No Contact Order" shall be issued or extended.

(1) Whenever a No Contact Order is issued, modified, or terminated, the Court clerk shall notify and forward a copy of the order to the Department of Public Safety by no later than the next business day.

(2) The written order shall contain the Court’s directives and shall bear the legend: "Violation of this order is a criminal offense and will subject a violator to arrest."

9.06.106 Penalties

(a) Assessment for Counseling

If a person is convicted of any crime and the crime involves domestic violence, in addition to any other lawful penalties or conditions, the Court shall:

(1) Order an assessment of the need for drug, alcohol, mental health, and anger management counseling or treatment, and

(2) Order the person to comply with the assessor’s recommendations, if the Court deems the recommendations to be appropriate.

(b) Violation of Required Counseling

Willful violation of Court ordered counseling or treatment, when ordered as a part of a defendant’s sentence, shall be punishable by imprisonment of no less than 7 days, and no more than 6 months, and the defendant may be fined in amount not to exceed $500.00. The Court may also order any other condition, including counseling and/or treatment, as part of the sentence.

(c) Violation of Court Orders

Willful violation of any other Court order issued under this Ordinance shall be a criminal offense punishable by imprisonment of not less than 30 days and not more than 1 year, and the defendant may be fined in an amount not to exceed $1,000.00. The Court may also order any other condition, including counseling or treatment, as part of the sentence.

(d) Court Fee

A court fee of $50 shall be imposed by the Court when the respondent is found guilty of any violation of this Ordinance.

(e) Penalties Non-Exclusive

Any penalty imposed under this Ordinance is non-exclusive and in addition to any other sentence, fine or penalty imposed by the Court in its discretion pursuant to any other provision of Title 9 or other provision of the Skokomish Tribal Code.

9.06.107 Domestic Violence Diversion Program

(a) Purpose and Eligibility

The Skokomish Tribe has determined that in certain cases, it is in the best interest of the tribal community and its members to allow the Skokomish Tribal Court to deviate from prescribed sentencing guidelines. The Skokomish Tribal Court may impose a one-time alternative sentencing option to be known as the "Domestic Violence Diversion Program," provided:

(1) As in all cases, the Court has fully considered the safety and protection of the victims, including any children;

(2) The defendant has not previously participated in a domestic violence diversion program;

(3) The victim agrees with the Court’s decision to grant diversion; and

(4) The Tribe agrees with the Court’s decision to grant diversion.

(b) Requirements

When a defendant charged with domestic violence under this Ordinance pleads guilty, the Court may defer the defendant’s sentence for up to one year if the defendant meets all of the following requirements:

(1) Agrees to an initial assessment by a mental health professional and/or a substance abuse counselor to determine whether alcohol and drug treatment, anger management, or other mental health counseling is required. To determine eligibility for diversion and to establish the level of treatment required, the Court shall consider the following factors:

(A) Whether the incident involved drugs or alcohol;

(B) Whether a weapon was used;

(C) Whether the case involved rape, sexual molestation, or inappropriate touching;

(D) Whether a child was sexually or physically abused;

(E) Whether a lawful Order issued by the Court has been violated;

(F) Whether the person has an extensive history of assault or other violent acts, or has been convicted of any crimes against persons; and

(G) Whether the person is willing to take responsibility for his/her behavior;

(2) Agrees to undergo all treatment as prescribed by the professional assessments;

(3) Agrees to observe a "No Contact Order" if applicable;

(4) Agrees to pay all costs associated with the incident, including medical expenses or property damage suffered by the victim as a result of the incident;

(5) Agrees to report to the Court as ordered on a regular basis and sign releases for the Court to obtain reports of treatment and progress;

(6) Agrees to sign a "Standard Order of Agreement/Continuance" for the Court; and

(7) Agrees to pay a court fee of $50.

(c) Completion

Upon defendant’s completion of all the requirements, the defendant’s plea will be removed from the Court record and the record will be changed to reflect that the case was adjudicated, the defendant successfully completed the diversion program and charges were dismissed.

(d) Non-Compliance

If the defendant does not comply with the requirements of the diversion agreement or commits any act of domestic violence during his/her diversion agreement, the defendant shall be sentenced as prescribed in this Ordinance.

9.06.108 Miscellaneous Provisions

(a) Immunity

A law enforcement officer may not be held criminally or civilly liable for making an arrest under this Ordinance if the officer acts in good faith and without malice.

(b) Crime Victim’s Compensation Fund

A fund shall be established and shall be identified as the Crime Victim’s Compensation Fund. Twenty Percent (20%) of any fine imposed under S.T.C. 9.06 shall be placed in that fund to assist victims of domestic violence. The Law and Order Committee shall review and determine all requests for compensation.

(c) Severability

If any provision of this Ordinance or its application is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances, is not affected.

OFFENSES RELATED TO ADMINISTRATION OF TRIBAL GOVERNMENT

9.07.010 Intimidation of a Public Officer

Any person who uses force or violence against, or who threatens a public officer shall be guilty of a class A offense.

9.07.020 Misuse of Funds

Any person who appropriates property or funds not his or her own, including tribal funds, for his or her own use or otherwise handles same in a manner not authorized by law shall be guilty of a class A offense.

9.07.030 Official Misconduct

Any tribal official who intentionally commits an unauthorized act related to or intentionally refrains from performing, a duty imposed upon him or her by law shall be guilty of a class B offense.

9.07.040 Bribery

Any person who offers or gives anything of monetary value to any elected or appointed official, employee or juror of the Skokomish Indian Tribe with intent to influence his or her decision on any official matter shall be guilty of a class B offense .

Any elected or appointed official or employee of the Skokomish Indian Tribe who accepts anything of monetary value upon an understanding that a decision on an official matter shall be influenced thereby shall be guilty of a class B offense.

9.07.050 Perjury

Any person who knowingly makes a false statement under oath in any proceeding in the Court or any other official hearing of the Skokomish Indian Tribe or who induces another person to do so shall be guilty of a class C offense.

9.07.060 False Arrest

Any person who knowingly makes or causes to be made any unlawful arrest or false charge against another person shall be guilty of a class B offense.

9.07.070 Resisting Arrest

Any person who willfully resists arrest shall be guilty of a class B offense.

9.07.080 Obstructing a Public Officer

Any person who willfully interferes in any way with the lawful process of a law enforcement officer, firefighter, ambulance attendant, emergency medical technician, Tribal Council member or any Tribal employee shall be guilty of a class B offense.

9.07.090 Refusing to Aid Officer

Any person who fails to respond to a request for assistance by a law enforcement officer, ambulance attendant, firefighter, or emergency medical technician shall be guilty of a class B offense.

9.07.100 Escape

Any person in lawful custody for any offense who escapes, attempts escape, or assists another to escape from lawful custody shall be guilty of a class B offense.

9.07.110 Bail Jumping

Any person having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before the Skokomish Tribal Court, and knowingly fails without lawful excuse to appear as required shall be guilty of Bail Jumping. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse. Bail Jumping is a class B offense.

9.07.120 Flight to Avoid Prosecution

Any person who willfully and knowingly flees from the jurisdiction of the Skokomish Indian Tribe to avoid prosecution in any case pending before the Tribal Court, is guilty of a class B offense.

9.07.130 Rendering Criminal Assistance

Any person who with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he or she knows has committed a crime or is being sought by law enforcement officials for the commission of a crime or has escaped from a detention facility:

(a) Harbors or conceals such person; or

(b) Warns such person of impending discovery or apprehension; or

(c) Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or

(d) Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or

(e) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or

(f) Provides such person with a weapon; or

(g) Encourages, by words or conduct, another person to resist lawful arrest or to flee or be hidden from law enforcement officials when he or she has reason to believe that the other person is about to be detained or arrested by law enforcement officials; or

(h) Knowingly provides any false information to a law enforcement officer;

is guilty of a class B offense.

9.07.140 Intimidating a Witness

Any person who, by use of a threat or bribe, attempts to:

(a) influence the testimony of a witness in any official proceeding; or

(b) induce the witness to be absent from the proceeding;

shall be guilty of a class B offense.

9.07.150 Intimidating a Juror

Any person who, by use of a threat or bribe, attempts:

(a) to influence the opinion, decision or vote of a juror in the Court or

(b) induces the juror to be absent from the proceeding,

shall be guilty of a class B offense.

9.07.160 Violation of Court Order or Judgment - Contempt of court

Any person having had notice of an order or judgment issued by the Tribal Court and then violates such order or judgment shall be guilty of a Class C offense for contempt of court.

CRIMINAL TRAFFIC OFFENSES

Any person who causes the death of another by operating a motor vehicle while under the influence of an alcoholic beverage or drug to a degree which affects his or her safe operation of a vehicle shall be guilty of a class A offense.

9.08.020 Vehicular Assault

A person who operates any vehicle in a reckless manner or while under the influence of alcohol or drugs, and his or her conduct is the proximate cause of serious bodily injury to another shall be guilty of a class B offense.

9.08.030 Reckless Driving

Any person who operates any motor vehicle within the territorial jurisdiction of the Skokomish Indian Tribe in a manner which causes damage to any person or property, or in a manner which endangers or is likely to endanger any person or property shall be guilty of a class B offense.

9.08.040 Attempting to Elude Pursuing Police Vehicle

Any driver of any vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop after being given a visual or audible signal to bring the vehicle to a stop by an enforcement officer shall be guilty of a class B offense.

The signal given by the enforcement officer ma