Chapter 4.10
OFFENSES AGAINST THE PERSON

Sections:

4.10.010    Criminal homicide.

4.10.020    Rape.

4.10.030    Kidnapping.

4.10.040    Assault.

4.10.050    Battery.

4.10.060    Reckless endangerment.

4.10.070    Unlawful imprisonment.

4.10.080    Robbery.

4.10.090    Indecent liberties.

4.10.100    Intimidation.

4.10.110    Contributing to the criminal act of a minor.

4.10.120    Reserved.

4.10.130    Sex and kidnapping offenders – Registration – Information required.

4.10.140    Sex and kidnapping offender registration – Deadlines.

4.10.150    Sex and kidnapping offenders – Failure to register.

4.10.160    Sex and kidnapping offenders – Notice to Tribal Law Enforcement – Application for registration information changes.

4.10.170    Violation – Penalties.

4.10.180    Sex offenders and kidnapping offenders – Release of information to public – When authorized – Immunity.

4.10.190    Registration of sex offenders and kidnapping offenders – End of duty to register.

4.10.200    Mandatory testing.

4.10.210    Confidentiality.

4.10.220    Refusal to submit to testing (non-Tribal member).

4.10.230    Refusal to submit to testing (Tribal member).

4.10.010 Criminal homicide.

Any person who knowingly, recklessly, or negligently causes the death of another shall be guilty of a Class A offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.010.]

4.10.020 Rape.

Any person who engages in sexual intercourse: (A) where there is a threat of harm to the person or property of the victim; or (B) without the other person’s consent; or (C) when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated, shall be guilty of a Class A offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.020.]

4.10.030 Kidnapping.

Any person who: (A) restrains another by use or threat of deadly force; or (B) who secrets or holds another in a place he or she is not likely to be found, with intent:

A. To hold him or her for ransom, as a shield, or as a hostage; or

B. To inflict bodily injury on him or her; or

C. To inflict extreme mental distress on him or her or a third person; shall be guilty of a Class A offense. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.030.]

4.10.040 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. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.040.]

4.10.050 Battery.

Any person who willfully strikes another person or otherwise inflicts bodily harm, or who, by offering violence causes another to harm himself, shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.050.]

4.10.060 Reckless endangerment.

Any person who recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another shall be guilty of a Class B offense. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.060.]

4.10.070 Unlawful imprisonment.

Any person who knowingly restrains another person without lawful authority shall be guilty of a Class B offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.070.]

4.10.080 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. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.080.]

4.10.090 Indecent liberties.

Any person who knowingly has sexual contact with another or causes another person to have sexual contact with him or her or another, or who makes indecent exposure to another: (A) without the other person’s consent; or (B) when the other person is under the age of 16 years whether there has been consent or not, shall be guilty of a Class B offense. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote, 3/7/1989. Prior code § 3.1.2.090.]

4.10.100 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. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.100.]

4.10.110 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 person under 18 years of age who is not married or emancipated shall be guilty of a Class C offense. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.2.110.]

4.10.120 Reserved.

4.10.130 Sex and kidnapping offenders – Registration – Information required.

A. All sex offenders shall register with the Chehalis Tribal Law Enforcement Department.

B. The person shall provide the following information when registering: (1) name; (2) address; (3) date and place of birth; (4) place of employment; (5) crime for which convicted; (6) date and place of conviction; (7) aliases used; (8) social security number; (9) photograph; and (10) fingerprints.

C. Any person who lacks a fixed residence shall provide the following information when registering: (1) name; (2) date and place of birth; (3) place of employment; (4) crime for which convicted; (5) date and place of conviction; (6) aliases used; (7) social security number; (8) photograph; (9) fingerprints; and (10) where he or she plans to stay. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.120(b).]

4.10.140 Sex and kidnapping offender registration – Deadlines.

Offenders shall register with the Chehalis Tribal Law Enforcement Office within the following deadlines. For purposes of CTC 4.10.130 through 4.10.170 the term “conviction” refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:

A. Offenders Who Are Convicted but Not Confined. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the Chehalis Tribal Law Enforcement Office to register immediately upon completion of being sentenced.

B. Offenders Who Are New Residents or Returning to the Tribe’s Jurisdiction. Sex offenders and kidnapping offenders who move to the Tribe’s jurisdiction from another reservation, state or a foreign country that are not under the jurisdiction of the State Department of Corrections, the Indeterminate Sentence Review Board, or the State Department of Social and Health Services at the time of moving to the Tribe’s jurisdiction, must register within 24 hours of establishing residence or reestablishing residence if the person is a resident of the Tribe’s jurisdiction. The duty to register under CTC 4.10.130 through 4.10.170 applies to sex offenders convicted under the laws of another tribe, state or a foreign country, Federal or military statutes, or Washington State for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another tribe, state or a foreign country, Federal or military statutes, or Washington State for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other reservations, states or a foreign country who, when they move to the Tribe’s jurisdiction, are under the jurisdiction of the Department of Corrections, the Indeterminate Sentence Review Board, or the Department of Social and Health Services must register within 24 hours of moving to the Tribe’s jurisdiction. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to the Tribe’s jurisdiction.

C. Offenders Who Lack a Fixed Residence. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within the Tribe’s jurisdiction for 24 hours is required to register with the Chehalis Tribal Law Enforcement Office not more than 24 hours after entering the Tribe’s jurisdiction and provide the information required in CTC 4.10.130(B). [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.120(c).]

4.10.150 Sex and kidnapping offenders – Failure to register.

A. Failure to register within the time required under CTC 4.10.140 constitutes a per se violation of CTC 4.10.130 through 4.10.170 and is punishable as provided in CTC 4.10.170. Chehalis Tribal Law Enforcement shall not be required to determine whether the person is living within the Tribe’s jurisdiction.

B. An arrest on charges of failure to register, service of an information, or a complaint for a violation of CTC 4.10.130 through 4.10.170, or arraignment on charges for a violation of CTC 4.10.130 through 4.10.170, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under CTC 4.10.130 through 4.10.170 who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under CTC 4.10.130 through 4.10.170 constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.120(d).]

4.10.160 Sex and kidnapping offenders – Notice to Tribal Law Enforcement – Application for registration information changes.

A. 1. If any person required to register pursuant to CTC 4.10.130 through 4.10.170 changes his or her residence address within the Tribe’s jurisdiction, the person must send written notice of the change of address to the Chehalis Tribal Law Enforcement Office within 72 hours of moving. If any person required to register pursuant to CTC 4.10.130 through 4.10.170 moves to a new county or reservation, the person must send written notice of the change of address to the Tribal Law Enforcement Office at least 14 days before moving.

2. It is an affirmative defense to a charge that the person failed to send a notice at least 14 days in advance of moving as required under subsection (A)(1) of this section that the person did not know the location of his or her new residence at least 14 days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance of the evidence that the defendant sent the required notice within 24 hours of determining the new address.

B. 1. Any person required to register under CTC 4.10.130 through 4.10.170 who lacks a fixed residence shall provide written notice to Tribal Law Enforcement where he or she last registered within 24 hours after ceasing to have a fixed residence. The notice shall include the information required by CTC 4.10.130(C), except the photograph and fingerprints. Tribal Law Enforcement may, for reasonable cause, require the offender to provide a photograph and fingerprints.

2. A person who lacks a fixed residence must report in person to the Tribal Law Enforcement Office where he or she is registered. If he or she has been classified as a risk level I sex or kidnapping offender, he or she must report monthly. If he or she has been classified as a risk level II or III sex or kidnapping offender, he or she must report weekly. The lack of a fixed residence is a factor that may be considered in determining a sex offender’s risk level.

3. If any person required to register pursuant to CTC 4.10.130 through 4.10.170 does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the Tribal Law Enforcement Office where he or she last registered within 24 hours after ceasing to have a fixed residence and has subsequently complied with the requirements of subsection B of this section. To prevail, the person must prove the defense by a preponderance of the evidence.

C. A sex offender subject to registration requirements under CTC 4.10.130 through 4.10.170 who applies to change his or her name under any other code or law shall submit a copy of the application to the Tribal Law Enforcement Office not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under CTC 4.10.130 through 4.10.170 at the time of application shall be granted an order changing his or her name if the Court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under CTC 4.10.130 through 4.10.170 who receives an order changing his or her name shall submit a copy of the order to the Tribal Law Enforcement Office within five days of the entry of the order.

D. Tribal Law Enforcement shall obtain a photograph of the individual and shall obtain a copy of the individual’s fingerprints. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.120(e) – (h).]

4.10.170 Violation – Penalties.

A. A person who knowingly fails to register with Tribal Law Enforcement, or who changes his or her name without notifying Tribal Law Enforcement, as required by CTC 4.10.130 through this section, is guilty of a Class C offense if the crime for which the individual was convicted was a felony sex offense as defined in CTC 4.05.060 or a Federal or out-of-state conviction for an offense that under the laws of this State would be a felony sex offense as defined in CTC 4.05.060. If the crime was other than a felony or a Federal or out-of-state conviction for an offense that under the laws of this State would be other than a felony, violation of this subsection is a Class D offense.

B. A person who knowingly fails to register or who moves within the Tribe’s jurisdiction without notifying Tribal Law Enforcement as required by this subsection is guilty of a Class C offense if the crime for which the individual was convicted was a felony kidnapping offense as defined in CTC 4.05.060 or a Federal or out-of-state conviction for an offense that under the laws of this State would be a felony kidnapping offense as defined in CTC 4.05.060. If the crime was other than a felony or a Federal or out-of-state conviction for an offense that under the laws of this State would be other than a felony, violation of this subsection is a Class D offense. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.120(i), (j).]

4.10.180 Sex offenders and kidnapping offenders – Release of information to public – When authorized – Immunity.

A. Findings – Policy. Sex offenders often pose a high risk of reoffense, and law enforcement’s efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses are impaired by the lack of information available to law enforcement agencies about convicted sex offenders who live within the law enforcement agency’s jurisdiction. Therefore, this Tribe’s policy is to assist local and tribal law enforcement agencies’ efforts to protect their communities by regulating sex offenders by requiring sex offenders to register with local and tribal law enforcement agencies.

B. Chehalis Tribal agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (1) any person adjudicated or convicted of a sex offense or a kidnapping offense; (2) any person under the jurisdiction of the Indeterminate Sentence Review Board as the result of a sex offense or kidnapping offense; (3) any person committed as a sexually violent predator, or as a sexual psychopath; (4) any person found not guilty of a sex offense or kidnapping offense by reason of insanity; (5) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed.

C. The extent of the public disclosure of relevant and necessary information shall be rationally related to: (1) the level of risk posed by the offender to the community; (2) the locations where the offender resides, expects to reside, or is regularly found; and (3) the needs of the affected community members for information to enhance their individual and collective safety.

D. Tribal law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this chapter:

1. For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found;

2. For offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child-day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; and

3. For offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large.

E. Tribal agencies that disseminate information pursuant to this section shall: (1) review available risk level classifications made by the Department of Corrections, the Department of Social and Health Services, and the Indeterminate Sentence Review Board; (2) assign risk level classifications to all offenders about whom information will be disseminated; and (3) make a good faith effort to notify the public and residents at least 14 days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender’s move, except that in no case may this notification provision be construed to require an extension of an offender’s release date. The Youth Court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

F. An appointed or elected Tribal official, Tribal employee, or Tribal agency is immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this subsection applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a Tribal law enforcement agency or official to classify an offender to a risk level other than the one assigned by the Department of Corrections, the Department of Social and Health Services, or the Indeterminate Sentence Review Board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this subsection applies to the release of relevant and necessary information to other Tribal officials, Tribal employees, or Tribal agencies, and to the general public.

G. Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a Tribal official, Tribal employee, or Tribal agency for failing to release information authorized under this section. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.130.]

4.10.190 Registration of sex offenders and kidnapping offenders – End of duty to register.

A. The duty to register under CTC 4.10.130 through 4.10.170 shall end:

1. For a person convicted of any sex offense or kidnapping offense who has one or more prior convictions for a sex offense or kidnapping offense, such person may only be relieved of the duty to register under subsection C or D of this section.

B. The provisions of subsection A of this section shall apply equally to a person who has been found not guilty by reason of insanity of a sex offense or kidnapping offense.

C. 1. Any person having a duty to register under CTC 4.10.130 through 4.10.170 may petition the Tribal Court to be relieved of that duty if the person has spent 10 consecutive years in the community without being convicted of any new offenses. The prosecuting attorney of the Chehalis Tribe shall be named and served as the respondent in any such petition. The Court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection D of this section, the Court may relieve the petitioner of the duty to register only if the petitioner shows, by clear and convincing evidence, that future registration of the petitioner will not serve the purposes of CTC 4.10.130 through 4.10.170.

2. a. The Court may not relieve a person of the duty to register if the person has been determined to be a sexually violent predator or has been convicted of a sex offense or kidnapping offense that was committed with forcible compulsion on or after June 8, 2000.

b. Any person subject to subsection (C)(2)(a) of this section may petition the Court to be exempted from any community notification requirements that the person may be subject to 15 years after the later of the entry of the judgment and sentence or the last date of release from confinement, including full-time residential treatment, pursuant to the conviction, if the person has spent the time in the community without being convicted of any new offense.

D. An offender having a duty to register under CTC 4.10.130 through 4.10.170 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the Chehalis Court to be relieved of that duty. The Court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.

1. The Court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was 15 years of age or older only if the petitioner shows, by clear and convincing evidence, that future registration of the petitioner will not serve the purposes of CTC 4.10.130 through 4.10.170.

2. The Court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was under the age of 15 if the petitioner (a) has not been adjudicated of any additional sex offenses or kidnapping offenses during the 24 months following the adjudication for the offense giving rise to the duty to register, and (b) proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of CTC 4.10.130 through 4.10.170.

This subsection shall not apply to juveniles prosecuted as adults. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-09. Prior code § 3.1.2.140.]

4.10.200 Mandatory testing.

Anyone found guilty of a crime that involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles shall undergo testing for the human immunodeficiency (AIDS) virus, hepatitis A, B, C and syphilis. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2001-61 § 2.6.03a. Prior code § 3.1.2.150.]

4.10.210 Confidentiality.

If, in the opinion of either the Tribal Court or the Chief of Police, the interests of the victim of a person guilty of a sexual offense require that the determination of the mandatory testing be kept confidential, then either the Court or the Chief of Police shall keep said information confidential and shall not disclose the same without order of the Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2001-61 § 2.6.03b. Prior code § 3.1.2.160.]

4.10.220 Refusal to submit to testing (non-Tribal member).

If an offender who is not a Chehalis Tribal member shall fail or refuse to take the mandatory testing provided herein, then that person shall be subject to the provisions of the exclusion ordinance (Chapter 2.20 CTC) for danger to the health, safety and welfare of the Tribe and the Tribal community. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2001-61 § 2.6.03c. Prior code § 3.1.2.170.]

4.10.230 Refusal to submit to testing (Tribal member).

The failure or refusal of a Chehalis Tribal member to take the mandatory testing shall be a violation of the criminal code and shall subject the Chehalis Tribal member to immediate arrest and detention pending a hearing and/or trial. The penalty for failure to take the mandatory testing by a Chehalis Tribal member shall be imprisonment for each such refusal for up to six months. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2001-61 § 2.6.03d. Prior code § 3.1.2.180.]