Makah Law and Order Code, Title 5

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Makah Law and Order Code

Enacted: 1999

TITLE 5: CRIMINAL CODE

CHAPTER 1
Offenses Against The Person

§5.1.01 Assault in the First Degree

Any person who shall:

knowingly cause or attempt to cause serious bodily harm to another person; or
cause, attempt to cause or threaten bodily harm to another person with a firearm or any deadly weapon or by any force or means likely to produce death; or
knowingly cause, attempt to cause or threaten bodily harm to any person carrying out a governmental function shall be deemed guilty of assault in the first degree. Assault is a Class A offense.

§5.1.02 Assault in the Second Degree

Any person who shall:

willfully strike another person or otherwise inflict bodily harm; or
by offering violence, cause another to harm himself; or
threaten another person with or purposely put another person in fear of immediate serious bodily harm, shall be deemed guilty of assault in the second degree. Assault in the second degree is a Class B offense.

§5.1.03 Assault in the Third Degree

Any person who shall attempt to threaten bodily harm to another person through unlawful force or violence shall be deemed guilty of assault in third degree. Assault in the third degree is a Class C offense

§5.1.04 Criminal Homicide

Any person who shall knowingly, recklessly or negligently cause the death of another human being shall be deemed guilty of criminal homicide. Criminal homicide is a Class A offense.

§5.1.05 Vehicular Homicide

Any person who shall cause the death of another by operating a motor vehicle in a reckless, negligent or careless manner shall be deemed guilty of vehicular homicide. Vehicular homicide is a Class AA offense.

§5.1.06 Abduction

Any person, whether a parent or other person, who shall willfully take away or detain another person against his will, with or without the consent of the parent or other person having lawful custody or charge of such person if such person be under the age of 18 years, shall be deemed guilty of abduction. Abduction is a Class A offense.

§5.1.07 Defamation

Any person who knowingly and with malicious intent communicates to any other person orally or in writing any information which he knows or should know to be false and knows that the information tends to impeach the honesty and integrity of reputation of a third person and thereby exposes him to public hatred, contempt or ridicule shall be guilty of defamation. Defamation is a Class C offense.

§5.1.08 Rape

Any person who shall have sexual intercourse with another person by compelling the other person to submit by force or the threat of death or bodily harm or abduction, or who shall have sexual intercourse with a person incapable of consent by reason of being mentally incapacitated or who shall have sexual intercourse with any person less than fifteen years old shall be deemed guilty of rape. Rape is a Class A offense.

§5.1.09 Indecent Liberties

Any person who shall take indecent liberties with or on the person of, or who makes any indecent exposure of his person to (1) any other person without his or her consent, or (2) any child under the age of fifteen years, whether with or without his or her consent, shall be deemed guilty of indecent liberties. Indecent liberties is a Class A offense.

§5.1.10 Harassment

A person is guilty of Harassment if:

(a) Without lawful authority, the person intentionally conveys an oral or written threat or a threat implied by conduct

(1) to cause bodily injury in the future to the person threatened or to a member of the immediate family of the person threatened; or

(2) to cause physical damage to the property of the person threatened or of a member of the immediate family of the person threatened; or

(3) to subject the person threatened, or a member of the immediate family of the person threatened, to physical confinement or restraint; or

(4) maliciously to do any other act that is intended to substantially harm the person threatened, or a member of the immediate family of the person threatened, with respect to his or her physical or mental health or safety; and

(b) the person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.

As used in this section, "immediate family" means a spouse, parent, child, sibling, or any person who regularly resides in the same household or who, within the prior six months, regularly resided in the same household.

The offense of Harassment shall be deemed to have been committed on the Reservation if the threat was either made or received on the Reservation.

Harassment is a Class C offense, except that Harassment is a class B offense if:

(a) the person has previously convicted in any jurisdiction of harassing or stalking the same victim, or a member of the same victim's immediate family, or of harassing or stalking any person specifically named in a no-contact, protection, or restraining order; or

(b) the person harasses another person by threatening to kill the person or a member of the immediate family of the person threatened.

§5.1.11 Stalking

A person is guilty of Stalking if:

(a) without lawful authority and on two or more separate occasions, the person intentionally harasses or follows another person; and

(b) the person being harassed or followed is placed in reasonable fear of bodily injury to himself or herself or to a member of his or her immediate family; and

(c) the stalker either

(1) intends to frighten, intimidate, or harass the person; or

(2) knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

As used in this section, "harass" means the acts described in MLOC 5.1.10 (a).

As used in this section, "follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, workplace, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.

Stalking is a Class B offense, except that Stalking is a Class A offense if:

(a) the stalker has previously been convicted in any jurisdiction of harassing or stalking the same victim, or a member of the same victim's immediate family, or of harassing or stalking any person specifically named in a no-contact, protection, or restraining order; or

(b) the stalker was armed with a deadly weapon while stalking the person; or

(c) the stalker's victim is or was a police officer, police dispatcher, judge, court administrator, juror, prosecutor, public advocate or other legal defender, juvenile officer, probation officer, caseworker, victim advocate, or member of the Makah Tribal Council, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or

(d) the stalker's victim is a current, former or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or anticipated testimony.

CHAPTER 2
Offenses Against Property

§5.2.01 Theft

Any person who shall take the property of another person with intent to steal shall be deemed guilty of theft. Theft is a Class A offense.

§5.2.02 Embezzlement

Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof shall be deemed guilty of embezzlement. Embezzlement is a Class B offense.

§5.2.03 Fraud

Any person who shall by willful misrepresentation or deceit or by falsely interpreting or by use of false weights or measure, obtain any money or other property shall be deemed guilty of fraud. Fraud is a Class B offense.

§5.2.04 Forgery

Any person who shall, with intent to defraud, falsely sign, execute or alter any written instrument, shall be deemed guilty of forgery. Forgery is a Class B offense.

§5.2.05 Extortion

My person who shall willfully, by making false charges against another person or by any other means whatsoever, extort or attempt to extort any money, goods, property or anything else of value, shall be deemed guilty of extortion. Extortion is a Class B offense.

§5.2.06 Dealing in Stolen Property

Any person who shall receive, conceal, buy, sell or otherwise deal in any property knowing the same to be stolen, embezzled or obtained by fraud or false pretense, robbery, or burglary, shall be deemed guilty of dealing in stolen property. Dealing in stolen property is a Class A offense.

§5.2.07 Criminal Mischief

Any person who shall maliciously or recklessly disturb, injure or destroy any property of any other person shall be deemed guilty of criminal mischief. Criminal mischief is a Class A offense.

§5.2.08 Trespass

Any person who shall go upon or pass over any lands or premises of another person, which property is fenced or posted, or any person who shall refuse immediately to leave the property of another person upon the request of the owner or occupant thereof or a person acting under the authority of the owner or occupant thereof, or who shall willfully allow livestock to occupy or graze on the lands of another, shall be deemed guilty of trespass. Trespass is a Class C offense.

§5.2.09 Injury to Public Property

Any person who shall, without proper authority, use or injure any public property of the Tribe or of the United States shall be deemed guilty of injury to public property. Injury to public property is a Class A offense.

§5.2.10 Arson

Any person who burns or sets on fire the dwelling house of another, or any building in which there shall be at the time a human being, or who sets any fire manifestly dangerous to any human or animal life, shall be deemed guilty of arson. Arson is a Class A offense.

§5.2.11 Burglary

Any person who enters or remains unlawfully in a building, occupied structure vehicle with the purpose of committing an offense therein, unless he is licensed privileged to enter, shall be deemed guilty of burglary. Burglary is a Class A offense.

§5.2.12 Robbery

Any person who, in the course of committing a theft, inflicts serious bodily injury upon another, or threatens another with, or purposely puts him in fear of immediate serious bodily injury, shall be deemed guilty of robbery. Robbery is a Class A offense.

§5.2.13 Theft of Services

Any person who obtains services which he knows are available only for compensation, by deception, threat, force or any other means designed to avoid due payment therefor, shall be deemed guilty of theft of services. Theft of services is a Class C offense.

§5.2.14 Unauthorized Use of a Vehicle

Any person who operates another's automobile, airplane, motorcycle, motor boat or other motor propelled vehicle without the consent of the owner shall be deemed guilty of unauthorized use of a vehicle. Unauthorized use of a vehicle is a Class B offense.

§5.2.15 Bad Checks

Any person who issues or passes a check for the payment of money for the purpose of obtaining money, property or other things of value, or paying for services knowing or believing that it will not be honored by the bank, shall be deemed guilty of bad checks. Bad checks is a Class B offense.

§5.2.16 Fraudulent Use of a Credit Card

Any person who uses a credit card for the purpose of obtaining property or Services with the knowledge that the card is stolen, has been revoked or canceled, or is unauthorized for use, shall be deemed guilty of fraudulent use of a credit card. Fraudulent use of a credit card is a Class B offense.

CHAPTER 3
Offenses Against the Family

§5.3.01 Bigamy

Any person who, knowing that he has a husband or wife, or knowing the other person has a husband or wife, purports to marry another person shall be deemed guilty of bigamy. Bigamy is a Class B offense.

§5.3.02 Incest

Any person who knowingly marries, cohabits or has sexual intercourse or sexual contact with a person he knows to be an ancestor or descendant, brother, sister, aunt, uncle, nephew, niece or first cousin, any of which are of whole or half-blood, shall be deemed guilty of incest. Incest is a Class B offense.

§5.3.03 Criminal Non-Support

Any person who, without just cause, fails to provide for the support of his spouse, child under eighteen, or other dependent, when such persons or any of them arc in needy circumstance, shall be deemed guilty of criminal non-support. Criminal non-support is a Class B offense.

§5.3.04 Endangering the Welfare of a Child

Any person, if he is a parent, guardian or other person supervising the welfare of a child under eighteen, who knowingly endangers the child's welfare by violating a duty of care, protection or support or by intentionally leaving or abandoning a child without care, or by otherwise neglecting to care for a child in any manner which threatens serious harm to the physical, emotional or mental well-being of the child, shall be deemed guilty of endangering the welfare of a child. Endangering the welfare of a child is a Class B offense

§5.3.05 Failure to Send Children to School

Any person who shall, without cause, neglect or refuse to send his children or any children under his care or custody to school shall be deemed guilty of failure to send children to school. Failure to send children to school is a Class C offense.

CHAPTER 4
Offenses Against The Administration of Government

§5.4.01 Bribery

Any person who shall promise, offer or give or cause to be promised, offered or given, any money, property, services or other thing of value to any officer, employee or representative of any Tribal organization, or to any person acting for or on behalf of any Tribal organization, with intent to influence his decision or action on any question, matter, cause or proceeding which may be brought or is pending before him in his official capacity, and any person who, being such officer, employee or representative or any person so acting, shall accept any money, property, services or other thing of value, shall be deemed guilty of bribery. Bribery is a Class B offense.

§5.4.02 Perjury

Any person who shall willfully and deliberately in any judicial proceeding in the Tribal Court falsely swear or interpret or shall make a sworn statement or affidavit knowing the same to be untrue, or shall induce or procure another person to do so, shall be deemed guilty of perjury. Perjury is a Class A offense.

§5.4.03 Misusing Public Money

Any person, being a public servant or other person charged with receipt, safekeeping, transfer or disbursement of public money, without lawful authority, appropriates the money or any portion of it to his own use or the use of another, or otherwise handles public money in a manner not authorized by the law, shall be deemed guilty of misusing public money. Misusing public money is a Class A offense.

§5.4.04 False Arrest

Any person who shall willfully and knowingly make, or cause unlawful arrest, detention or imprisonment of another person shall be deemed guilty of false arrest. False arrest is a Class B offense.

§5.4.05 False Alarms

Any person who knowingly causes a false fire alarm or alarm of other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property, shall be deemed guilty of false alarms. False alarms is a Class C offense.

§5.4.06 Resisting Lawful Arrest

Any person who shall willfully and knowingly, by force or violence, resist or assist another person to resist a lawful arrest, shall be deemed guilty of resisting lawful arrest. Resisting lawful arrest is a Clan B offense.

§5.4.07 Tampering

Any person who, without proper authority, knowingly alters, destroys, conceals or removes any record, document or thing belonging to or kept by the Tribe for information or record, or which is being kept by appropriate authorities for evidentiary purposes in an official proceeding or investigation, shall be deemed guilty of tampering. Tampering is a class B offense.

§5.4.08 Tampering With Witnesses

Any person, believing that an official proceeding or investigation is pending or about to be instituted, who attempts to induce or otherwise cause a person to testify or inform falsely or to withhold information, documents or things, or to elude legal process summoning him to testify or supply evidence, shall be deemed guilty of tampering with witnesses. Tampering with witnesses is a Class B offense.

§5.4.09 Impersonating a Public Servant

Any person who falsely pretends to hold a position of public office or employment with the purpose of inducing another to submit to such pretended official authority, shall be deemed guilty of impersonating a public servant. Impersonating a public servant is a Class B offense.

§5.4.10 Obstructing Governmental Function

Any person who uses force, violence, intimidation or engages in any unlawful act with a purpose to interfere with a public servant performing an official function, shall be deemed guilty of obstructing governmental function. Obstructing governmental function is a Class B offense.

§5.4.11 Obstructing Justice

Any person who, with a purpose to obstruct the prosecution, conviction or punishment of another for the commission of an offense, harbors or conceals the other, or provides aid in providing a weapon, transportation or disguise for the other, or who conceals or destroys evidence of the offense shall be deemed guilty of obstructing justice. Obstructing justice is a Class B offense.

§5.4.12 Refusing to Aid an Officer

Any person who shall neglect or refuse, when called upon by a police officer, to assist in the arrest of any person charged with or convicted of any offense or in securing such offender when apprehended, or in conveying such offender to the nearest place of confinement, shall be deemed guilty of refusing to aid an officer. Refusing to aid an officer is a Class B offense.

§5.4.13 Escape

Any person, who, being in lawful custody or under arrest for any offense, shall escape, attempt to escape, flee, attempt to flee, permit or assist or attempt to permit or assist another person to escape from lawful custody or arrest, shall be deemed guilty of escape. Escape is a Class B offense.

§5.4.14 Bail Jumping

Any person who, having been released on bail or on his own recognizance by Court order or other lawful authority upon condition that he subsequently appear on a charge of an offense, fails without just cause to appear at the time and place lawfully designated for the appearance, shall be deemed guilty of bail jumping. Bail jumping is a Class C offense.

§5.4.15 Disobedience to Lawful Orders of Court

Any person who shall willfully disobey any order, subpoena or warrant or command duly issued, made or given by the court or an officer thereof, shall be deemed guilty of disobedience to lawful orders of the Court. Disobedience to lawful orders of the court is a Class B offense.

§5.4.16 Doing Business Without a License

Any person who, without having an appropriate license, commences or carries on any business, trade, profession or calling, the transaction or carrying on of which is required by law to be licensed, shall be deemed guilty of doing business without a license. Doing business without a license is a Class C offense.

§5.4.17 Falsification

Any person who shall, with a purpose to mislead a public servant in performing his official function:

make any written false statement which he does not believe to be true; or

purposely create a false impression in a written application or complaint by omitting information necessary to prevent statements therein from being misleading; or

submit or invite reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity;

shall be deemed guilty of falsification. Falsification is a Class B offense.

§5.4.18 Contempt

Any person who shall engage in disorderly, contemptuous or insolent behavior committed during the sitting of the Tribal Court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due its authority, shall be deemed guilty of contempt. Contempt is a Class B offense.

§5.4.19 Failure to Respond to a Citation

Any person who shall fail to respond to a citation in lieu of detention or a traffic citation shall be deemed guilty of Failure to Respond to a Citation. Failure to Respond to a Citation is a Class C offense.

CHAPTER 5
Offenses Against Public Order

§5.5.01 Riot

Any person who simultaneously with two or more other persons, engages in violent conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm, shall be deemed guilty of riot. Riot is a Class A offense.

§5.5.02 Failure to Disperse

Any person who refuses or knowingly fails to obey an order to leave the immediate vicinity given by a law enforcement officer or other public servant performing a law enforcement function at the scene of a riot, fire, public disorder, accident, offense or other situation involving public alarm, shall be deemed guilty of failure to disperse is a Class C offense.

§5.5.03 Disorderly Conduct

Any person who shall engage in fighting in a public place, or who disturbs or annoys any public or religious assembly, or who appears in a public or private place in an intoxicated or disorderly condition, or who makes an unreasonable noise of offensively coarse utterances, gestures or displays, or who engages in any other act of public indecency or immorality, shall be deemed guilty of disorderly conduct. Disorderly conduct is a Class B offense.

§5.5.04 Desecration

Any person who purposely defaces, damages, pollutes or otherwise physically mistreats any public monument, structure or place of worship or burial, shall be deemed guilty of desecration. Desecration is a Class C offense.

§5.5.05 Cruelty to Animals

Any person who purposely or knowingly tortures or seriously overworks an animal, or fails to provide necessary food, care or shelter for an animal in his custody, or abandons an animal in his custody, or transports or confines an animal in a cruel manner or kills, injures or administers poison to an animal without legal privilege to do so, or causes one animal to fight with another, shall be deemed guilty of cruelty to animals. Cruelty to animals is a Class C offense.

§5.5.06 Intoxication

Any person who, under circumstances not amounting to disorderly conduct, is under the influence of an intoxicating beverage, drugs or other controlled substance, or a substance having the property or releasing vapors to a degree that the person may endanger himself or another, in a public place or in a private place where he unreasonably disturbs another person, shall be deemed guilty of intoxication. Intoxication is a Class B offense.

§5.5.07 Possession of an Alcoholic Beverage

Any person who shall possess, purchase, consume or otherwise obtain any beer, wine, ale, whiskey or other alcoholic beverage, shall be deemed guilty of possession of an alcoholic beverage. Possession of an alcoholic beverage is a Class B offense.

CHAPTER 6
Offenses Against Public Health, Safety, Welfare and Morals

§5.6.01 Prostitution

Any person who loiters in or within view of a public place for the purpose of being hired to engage in, or engages in, or offers or agrees to engage in, any sexual activity with another person for a fee, or pays or offers or agrees to pay another person a fee for engaging in an act of sexual activity, or who owns, controls, manages, supervises or procures or attempts to procure a prostitute for another, or who encourages, induces, or purposely causes another to become or remain a prostitute, shall be deemed guilty of prostitution. Prostitution is a Class B offense.

§5.6.02 Spreading Venereal Disease

Any person who, knowing or having reason to believe he has a venereal disease, shall infect another person with venereal disease, shall be guilty of spreading venereal disease. Spreading venereal disease is a Class C offense.

§5.6.03 Obscenity

Any person who sells, delivers, provides or offers or agrees to offer, deliver or sell or provide any obscene writing, picture, record or other representation that is obscene, or presents an obscene play, dance, performance or exhibition, shall be deemed guilty of obscenity. The definition of "obscene" shall be the same as that of the laws of the State of Washington Obscenity is a Class B offense.

§5.6.04 Gambling

Any person who participates in any gambling activity which is violative of federal law or in violation of or not allowed under any Tribal law, rule or regulation, shall be deemed guilty of gambling. Gambling is a Class B offense.

§5.6.05 Weapons Offense

Any person who, without lawful authority to do so, carries a loaded firearm in a vehicle on a public road, has on his person a dangerous weapon with intent unlawfully to assault another, discharges any kind of firearm from, upon or across any public highway, is under the age of sixteen year: and possesses a firearm without the consent of his parent or guardian, carries a dangerous weapon concealed upon his person, threatens to use or exhibits a dangerous weapon in a dangerous and threatening manner, or uses a dangerous weapon in a fight or quarrel, shall be deemed guilty of a weapons offense. Weapons offense is a Class B offense.

§5.6.06 Drug Abuse

Any person who shall engage in any activity which would be violative of any provision of the Federal Controlled Substances Act shall be deemed guilty of drug abuse. Drug abuse is a Class A offense.

§5.6.07 Public Nuisance

Any person who, without lawful authority to do so, does any act or fails to perform any duty, which act or omission unreasonably annoys, injures or endangers the comfort, repose, health, property or safety of three or more persons, or which of fends public decency, shall be deemed guilty of public nuisance. Public nuisance is a Class C offense.

§5.6.08 Contributing to the Delinquency of a Minor

Any person who knowingly or recklessly sells or gives to, or otherwise makes beer, liquor, wine or other alcoholic beverages available to a person under the age of 21, or who knowingly or recklessly, by act or omission, encourages, causes or contributes to the delinquency of a minor under 18 years of age, shall be deemed guilty of contributing to the delinquency of a minor. Contributing to the delinquency of a minor is a Class A offense.

§5.6.09 Fireworks Offense

Any person who performs any activity which would be violative of the fireworks laws of the United State: shall be deemed guilty of fireworks offense. Fireworks offense is a Class C offense.

§5.6.10 Littering

Any person who throws, dumps, places or deposits on the lands of another, any tribal or public property or highway, street or road or other area not his own, without the consent of the owner or other lawful permission, any garbage, debris, junk, carcasses, trash, refuse or other substances of any nature whatsoever which would mar the appearance or detract from the cleanliness of the area; or who, without lawful permission, stores, keeps or allows to accumulate, any wrecked, junked or unserviceable vehicles, appliances or implements anywhere on the Reservation or in the waters surrounding the Reservation, shall be deemed guilty of littering. Littering is a Class C offense.

§5.6.11 Reckless Endangerment

Any person who shall recklessly engage in conduct which creates a substantial risk of death or serious physical injury to another person shall be deemed guilty of reckless endangerment. Reckless endangerment is a Class B offense.

CHAPTER 7
Other Offenses

§5.7.01 Violation of Tribal Ordinance

Any person who violates any Tribal ordinance or other Tribal enactment designed to preserve the peace, health, safety, welfare and morals of the Reservation, and whose activities have not been punished under any other provision of this Code or of the ordinance or enactment involved, shall be deemed guilty of violation of a Tribal ordinance. Violation of a Tribal ordinance is a Class B offense.

§5.7.02 Violation of Federal or State Law

Any person who shall engage in any activity or commit any act which would be violative of federal criminal law or the criminal law of the State of Washington, unless otherwise expressly defined or permitted by Tribal law, shall be deemed guilty of an offense under this section. An offense under this section is a Class A offense.

§5.7.03 Attempt

Any person who, acting with the kind of culpability otherwise required for the commission of the offense, engages in conducting a substantial step towards commission of the offense, shall be deemed guilty of an attempt to commit the offense. An attempt to commit an offense is a Class A, B, or C offense, depending upon the classification of the offense which is being attempted.

§5.7.04 Complicity

Any person who:

acting with the kind of culpability that is sufficient for the commission of the offense, causes an innocent or irresponsible person to engage in such conduct; or

with knowledge that it would promote or facilitate the commission of the offense, solicits, commands, encourages or requests another person in the commission of an offense; or

aids or agrees to aid such other person in planning or committing an offense,

shall be deemed guilty of complicity. Complicity is a Class A, B, or C offense, depending upon the classification of the subject offense involved.

CHAPTER 8
Penalties

§5.8.01 Class AA Offenses

Any person convicted of a Class AA offense shall be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed $5,000, or both the imprisonment and the fine.

§5.8.02 Class A Offenses

Any person convicted of a Class A offense shall be sentenced to imprisonment for a period not to exceed six (6) months, or a fine not to exceed $500, or both the imprisonment and the fine.

§5.8.03 Class B Offenses

Any person convicted of a Class B offense shall be sentenced to imprisonment for a period not to exceed three (3) months, or a fine not to exceed $200, or both the imprisonment and the fine.

§5.8.04 Class C Offenses

Any person convicted of a Class C offense shall be sentenced to imprisonment for a period not to exceed forty-five (45) days, or a fine not to exceed $100, or both the imprisonment and the fine.

§5.8.05 Probation

Except as otherwise provided in this Code, the Court shall have the authority to suspend the imposition of sentence on a person who has been convicted of an offense and to place him on probation. The period of probation may extend for a longer period than the maximum term of imprisonment which may be imposed for such offense. The Court may attach to the order of probation such reasonable restrictions as it deems necessary. At any time before the end of the probation period, (i) if, after a hearing upon five (5) days written notice to the defendant and the probation officer, the Court is satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the probation order, or (ii) if the defendant has been convicted of another crime, the Court may revoke the probation and sentence the defendant as provided in this Code.

§5.8.06 Other Penalties

In addition to, or instead of, the penalties set out in this Code, the Court may:

utilize the exclusion procedures outlined in this Code; and

order the offender to make restitution to any victim, including, but not limited to, the payment of money; and

assess the accruing costs of the case against the offender. Such costs shall consist of the expenses of voluntary witnesses, the fees of jurors, and any further incidental expenses or fees connected with the procedure required by this Code before the Court as the Court may direct.

§5.8.07 Disposition of Fines

All fines and fees collected by the Court under the provisions of this Code shall be held in a special account of the Makah Tribal Council to be used for the maintenance of the Tribal Court and/or Law and Order program, provided that one-half of all fines for offenses which the Tribal Court determines to be alcohol or drug related, shall go specifically to alcoholism or drug abuse programs of the Makah Tribal Council.

CHAPTER 9
Forfeiture of Legal Property

§5.9.01 Property Seized as Evidence

When any officer in the execution of a valid search shall seize any evidence material to the investigation or prosecution of any offense, such evidence shall be safely kept so long as shall be necessary for the purpose of being produced in evidence at any trial. After the trial, such evidence shall be restored to the owner thereof, if it would otherwise be lawful for the owner to possess the property involved. If it would not be lawful for the owner to possess the property involved, the property shall be destroyed or sold under the direction of the Court. All proceeds from any sale shall go to the Tribe.

§5.9.02 Forfeiture of Other Property

Forfeiture of other property shall be in accordance with the provisions of Chapter 3.8 of this Code.
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