Chapter 4.30
FAMILY-RELATED OFFENSES

Sections:

4.30.010    Incest.

4.30.020    Endangering the welfare of a child.

4.30.030    Bigamy.

4.30.040    Interference with custody.

4.30.050    Failure to support dependent persons.

4.30.060    Desertion and nonsupport of children.

4.30.070    Failure to send children to school.

4.30.010 Incest.

Any person who engages in sexual intercourse or has sexual contact with a person whom he knows to be related to him, either legitimately or illegitimately, as an ancestor, descendant, brother, sister, first cousin, aunt, uncle, niece, nephew, or second cousin, of either the whole or the half blood, shall be guilty of a Class A offense. As used in this chapter, “descendant” includes step-children and adopted children. “Sexual contact” is defined under CTC 4.05.060. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.6.010.]

4.30.020 Endangering the welfare of a child.

Any person who knowingly endangers the welfare of a child by violating a duty of care, protection or support, or by intentionally leaving the child without care or by otherwise neglecting to care for the child in any manner which threatens serious harm to the physical or emotional well-being of the child, 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 § 3.1.6.020.]

4.30.030 Bigamy.

Any person who intentionally marries or purports 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. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.6.030.]

4.30.040 Interference with custody.

Any person 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. [Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.6.040.]

4.30.050 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, customs and usages of the Chehalis 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. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.6.050.]

4.30.060 Desertion and nonsupport of children.

Any person who deserts or willfully neglects or refuses to provide for the support or maintenance of his or her child, or of a child in his or her custody, when financially able to do so, 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 § 3.1.6.060.]

4.30.070 Failure to send children to school.

Any person who, without good cause, fails to send his or her child or any child under his or her care to school, and such child has not reached his or her eighteenth birthday, shall be guilty of a Class D offense. [Res. 2011-020; Res. 2006-63; Res. 2002-07; GC vote 11/13/1993; GC vote 3/7/1989. Prior code § 3.1.6.070.]