Division I. General Offenses
Chapter 4.05
GENERAL PROVISIONS
Sections:
4.05.010 Title.
This division shall be known and may be cited as the Chehalis Criminal Code. [Res. 2011-020; Res. 2006-63; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.1.010.]
4.05.020 Authority.
This division is enacted under the inherent power and authority of the Confederated Tribes of the Chehalis Reservation as a sovereign nation and in accordance with the Tribe’s Constitution and Bylaws. [Res. 2011-020; Res. 2006-63; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.1.020.]
4.05.030 Jurisdiction.
The Chehalis Tribal Court shall have criminal jurisdiction within the territorial jurisdiction of the Tribe over:
A. All Tribal members; and
B. All other Indians in accordance with applicable Federal law and U.S. Supreme Court decisions.
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. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.1.030.]
4.05.040 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 Confederated Tribes of the Chehalis Reservation. [Res. 2011-020; Res. 2006-63; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.1.050.]
4.05.050 Terms.
Where a term is not defined in this division, it shall be given its ordinary meaning. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.1.060.]
4.05.060 Definitions.
The following terms when used in this division shall have the meaning set forth in this section:
“Bodily harm” and “bodily injury” mean physical pain or injury or illness, or an impairment of physical condition.
“Employed” or “carries on a vocation” means employment that is full-time or part-time for a period of time exceeding 14 days, or for an aggregate period of time exceeding 30 days during any calendar year. A person is employed or carries on a vocation whether the person’s employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
“Intentionally” or “willfully” mean with the purpose of achieving a result that constitutes a crime.
“Kidnapping offense” means the crimes of kidnapping as defined in CTC 4.10.030, and unlawful imprisonment as defined in CTC 4.10.070, where the victim is a minor and the offender is not the minor’s parent.
“Knowingly” means aware of a fact, facts, or circumstances or result described by a statute defining an offense; or having information which would lead a reasonable man in the same situation to believe that facts exist which are described by a statute defining an offense.
“Law enforcement officer,” “law enforcement” and “Tribal Police” mean any person authorized by the Confederated Tribes of the Chehalis Reservation to act on behalf of the Tribe as a law enforcement officer, including but not limited to fisheries.
“Malice” and “maliciously” mean a desire to cause annoyance or harm of any kind.
“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.
“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.
“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.
“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.
“Serious bodily injury” and “serious physical injury” mean bodily injury which causes serious or substantial disfigurement (temporary or permanent) of the function of any bodily part or organ.
“Sex offender” means any adult or juvenile residing in the Tribe’s jurisdiction, whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in the Tribe’s jurisdiction, who has been found to have committed or has been convicted of any sex offense or kidnapping offense in any jurisdiction including the Tribal Court, or who has been found not guilty by reason of insanity of committing any sex offense or kidnapping offense.
“Sex offense” means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into State depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.47.096 (sexual misconduct with a minor in the second degree), and as renumbered hereafter, as well as any gross misdemeanor that is, under Chapter 9A.28 RCW and as such chapter may be amended hereafter, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030, and as amended hereafter.
“Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of arousing or gratifying the sexual desire of either person.
“Sexual intercourse” 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.
“Sexual intercourse” 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.
“Student” means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
“Threat” and “threaten” mean a declaration by word or action of one’s intention to inflict injury on another, their rights or property.
“Willfully” or “intentionally” mean with the purpose of achieving a result that constitutes a crime.
“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 a public organization for members of the public with legitimate business to be on the premises during normal working hours; and exercising a protected legal or civil right. The absence of lawful authority can be inferred in appropriate circumstances unless the defendant asserts a legitimate defense. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code §§ 3.1.1.070, 3.1.2.120(a), (h)(1) – (4).]
4.05.070 Capacity.
Children under the age of eight years are incapable of committing a crime. [Res. 2011-020; Res. 2006-63; Res. 1993-44; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.1.080.]
4.05.080 Amendment.
The General Council may amend this division as needed. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.12.020.]