(a) 
Assault in the First Degree: Any person who:
(1) 
Intentionally causes or attempts to cause serious bodily harm to another person; or
(2) 
Causes, attempts to cause, or threatens bodily harm to another person with a firearm or any deadly weapon or with any force or means likely to produce death; or
(3) 
Knowingly causes, attempts to cause, or threatens bodily harm to any person carrying out a government function;
shall be guilty of a Felony 1.
(b) 
Assault in the Second Degree: Any person who, under circumstances not amounting to assault in the first degree:
(1) 
Knowingly and purposely strikes another person or otherwise inflicts bodily harm; or
(2) 
Threatens another person with, or purposely puts another person in fear of, immediate serious bodily harm;
shall be guilty of a Felony 2.
(c) 
Assault in the Third Degree: Any person who, under circumstances not amounting to assault in the first or second degree:
(1) 
Intentionally attempts or threatens to inflict bodily harm on another person through unlawful force or violence; or
(2) 
Without consent, and with non-deadly means, inflicts bodily harm; or
(3) 
Knowingly or purposely makes physical contact of an insulting or provoking nature with an individual; or
(4) 
Threatens violence and causes another person to self-harm; or
(5) 
Knowingly or purposely causes reasonable apprehension and fear of bodily harm even though the infliction of bodily harm was not actually intended;
shall be guilty of a Misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to increase maximum penalty. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005. The crimes of assault and battery were combined; amended by Res. 15-A-068, 6/8/2015, to divide assault into degrees; Res. 19-A-153, 12/16/2019, amended this section to change the penalties from Class A-D to felony-misdemeanor.)
Any person who threatens another person with intent to coerce the other person to act against his or her will shall be guilty of a Misdemeanor 2.
(Res. 84 A 03, 2/14/1984. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class D offense a misdemeanor 2.)
Any person who unlawfully takes personal property a) from the person of another or in his presence, b) against his will, or c) by threat of injury to the person or his property, shall be guilty of a Felony 2.
(Res. 84 A 03, 2/14/1984. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class B offense to a felony 2.)
Any person who intentionally and without lawful justification, or with extreme indifference to the consequences of his or her actions, or during the commission of or in flight from a felony offense, causes the death of another human being shall be guilty of a Felony 1.
(Res. 84 A 03, 2/14/1984. The mandatory pre-sentence evaluation was passed 6/14/1988; by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class A offense to a felony 2 and changed the language in order to distinguish between criminal homicide and manslaughter.)
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 Felony 1.
(Res. 84 A 03, 2/14/1984; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class A offense to a felony 1.)
Any person who recklessly or negligently causes the death of another human being shall be guilty of a Felony 1.
(Res. 19-A-153, 12/16/2019)
Any person who recklessly engages in conduct, which creates substantial risk of death or serious physical injury to another, shall be guilty of a Misdemeanor 1.
(Res. 84 A 03, 2/14/1984. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 1.)
(a) 
Kidnapping in the First Degree. Any person who intentionally detains, confines, or abducts another person with intent to:
(1) 
Hold the victim for a ransom or reward;
(2) 
Use the victim as a shield or hostage or to otherwise aid in the commission of a felony;
(3) 
Hold or hide the victim in a place where the victim is not likely to be found;
(4) 
Inflict physical injury or a sexual offense on the victim; or
(5) 
Use or threaten to use deadly force;
shall be guilty of a Felony 1.
(b) 
Kidnapping in the Second Degree. Any person who intentionally detains, confines, or abducts another person without that person’s consent or without legal justification and under circumstances not amounting to Kidnapping in the First Degree shall be guilty of a Felony 2.
(Res. 19-A-153, 12/16/2019; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
Any person who knowingly restrains another person without that person’s consent or without legal justification shall be guilty of a Misdemeanor 1.
(Res. 19-A-153, 12/16/2019)
Any person who willfully takes away, detains, or conceals a child without the consent of the parent or the person who has the lawful right of custody shall be guilty of a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1988 amended this section, deleted the “under eighteen” language to include cases such as guardianship where persons over eighteen are still under legal care of another. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the heading from “Abduction” to “Custodial Interference”, to add language clarifying that the victim is a child, and to change the penalty from a Class A offense to a felony 2.)
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 adequate or care 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 Felony 2.
(Res. 84 A 03, 2/14/1984. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005 which added “without adequate” to allow prosecution when leaving a child with a person who cannot or will not adequately care for the child; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class B offense to a felony 2.)
Any person who, by act or omission, knowingly encourages, causes or contributes to the criminal act of a person under 18 years of age shall be guilty of a Misdemeanor 1.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1988 amended this section deleting references to state and federal jurisdiction and expanding the definition. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 1.)
Any person who, with intent to threaten, harass, or terrorize another person or to place another person in fear of imminent serious bodily injury causes the evacuation of a building, place of assembly, or otherwise causes serious public inconvenience shall be guilty of a Misdemeanor 1.
(Res. 19-A-153, 12/16/2019)
(a) 
A person commits the crime of stalking if, without lawful authority:
(1) 
A person intentionally and repeatedly harasses, including through the use of electronic communications, or repeatedly follows another person;
(2) 
The person being harassed or followed is placed in fear that the stalker intends to harm the person, another person, or property of the person or of another person; and
(3) 
The conduct would cause a reasonable person to fear for the person’s safety or the safety of others or to suffer substantial emotional distress.
(b) 
A person who stalks another person is guilty of a misdemeanor 1, except that the person is guilty of a felony 2 if any of the following applies:
(1) 
The stalking violates any protective order protecting the person being stalked;
(2) 
The person has previously been convicted of an offense under this section or of a misdemeanor or felony stalking offense under tribal, federal, or state law; or
(3) 
The person was armed with a dangerous weapon while stalking the person.
For the purposes of this section, “follows” means intentionally maintaining visual or physical proximity to a specific person over a period of time. A finding that an alleged stalker repeatedly and intentionally appeared at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that an alleged stalker followed the person.
(Res. 02 A 108, 12/17/2002; amended by Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to provide a more comprehensive definition of stalking, to add a reasonable person standard to that definition, and to provide for enhanced sentencing in certain contexts.)
It is unlawful for any person, with intent to intimidate, threaten, harass, annoy or offend, or with knowledge that the person is harassing another person, to:
(a) 
Subject another person to intimidating, taunting, insulting, berating, humiliating, offensive, threatening, obscene or violent language and/or conduct;
(b) 
Make any request, suggestion or proposal which is obscene or indecent;
(c) 
Subject the other person to offensive physical contact or cause the other person to reasonably believe that the person intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(d) 
Follow another person in or about a public place for no legitimate purpose after being asked to desist, and/or
(e) 
Contact or communicate with another person by verbal, electronic, social media, mechanical, or written means, repeatedly and at extremely inconvenient hours, or after being advised by the person that the communication is unwelcome, in a manner that reasonably would be expected to cause a person substantial emotional distress.
Harassment is a Misdemeanor 1.
(Res. 02 A 108, 12/17/2002 adopted this section; amended by Res. 05-A-054, 6/14/2005; amended by Res. 10-A-063 to expand the definition of harassment; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
Any person who, a) obtains or uses a vulnerable adult’s property, food, telephone service, utility services, residence, land assignment, vehicles, money or other resources without permission or by unreasonable imposition, or b) resides with a vulnerable adult or who is a regular caregiver of a vulnerable adult and who, by action or inaction, threatens or harms the health or well-being of the vulnerable adult, shall be guilty of a Misdemeanor 1.
"Vulnerable Adult"
shall be defined as a person 18 years of age or older who does not have the functional, mental, emotional or physical ability to protect and care for themself.
(Res. 05-A-054, 6/14/2005; Res. 19-A-153, 12/16/2019, amended this section to change the penalty from a Class C offense to a misdemeanor 1; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
(a) 
Any act or attempted act that is an offense listed in this Title where the offense is committed against a victim by:
(1) 
A current or former spouse or intimate partner of the victim;
(2) 
A person with whom the victim shares a child in common or the victim or the defendant is pregnant by the other;
(3) 
A person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or
(4) 
A person who is or has been in a social relationship of a romantic or intimate nature with the victim as determined by the following factors:
(A) 
The type and nature of the relationship;
(B) 
The frequency of interaction between the persons involved in the relationship; and
(C) 
The length of the relationship.
(b) 
The minimum sentence for a domestic violence crime is a misdemeanor 1.
(Res. 23-A-019, 1/24/2023, section was moved from Title 15.)
(a) 
Any act or attempted act that is an offense listed in this Title where the act is directed towards a family or household member. The dynamics of power and control may or may not be present.
(b) 
The minimum sentence for a family violence crime is a misdemeanor 1.
(a) 
A crime will be designated as aggravated domestic violence or family violence if the person used a weapon during the commission of the domestic violence.
(b) 
The minimum sentence for an aggravated domestic violence crime is a felony 2.
(Res. 23-A-019, 1/24/2023, section was moved from Title 15.)
Any person with three or more separate convictions for crimes of domestic violence or family violence from any federal, state, or tribal court shall be deemed a habitual domestic violence or family violence offender, and any subsequent violation shall be a felony 2, except where inconsistent with federal laws.
(Res. 23-A-019, 1/24/2023, section was moved from Title 15.)
(a) 
Any person who prevents or attempts to prevent a victim or witness of domestic violence or family violence from calling 911, the PGST Tribal Police, or other law enforcement agency, or from obtaining medical assistance or making a report to any Tribal, state or federal law enforcement official, has committed the crime of interfering with the reporting of domestic violence or family violence.
(b) 
Interfering with the reporting of domestic violence or family violence is a misdemeanor 1.
(Res. 23-A-019, 1/24/2023, section was moved from Title 15.)
(a) 
A person commits strangulation or suffocation by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of another person by either:
(1) 
Applying pressure on the throat or neck of the other person, regardless of whether that conduct results in loss of consciousness, visible injury, or whether there is any intent to kill or injure the victim; or
(2) 
Blocking the nose or mouth, or both, of the other person, or applying weight to the other person’s chest, regardless of whether that conduct results in loss of consciousness, visible injury, or whether there is any intent to kill or injure the victim.
(b) 
A violation of this section is a felony 1.
(Res. 23-A-019, 1/24/2023, section was moved from Title 15.)
(a) 
Battery. Port Gamble S’Klallam Law and Order Code. Amendments: Resolution No. 84 A 03, passed 2/14/1984 amended this section slightly and dropping “Assault” from the name of the crime. The mandatory pre-sentence evaluation was passed 6/14/1988. Repealed by Resolution 05-A-054, passed 6/14/2005.
(b) 
Rape. Port Gamble S’Klallam Law and Order Code. Amendments: Resolution No. 84 A 03, passed 2/14/1984 amended this section to define the crime and expand the scope from “attempted rape” to “rape”. The mandatory pre-sentence evaluation was passed 6/14/1988. Amended by Resolution 05-A-054, passed 6/14/2005. The definition of sexual intercourse was added. Repealed and replaced with Rape in First, Second, and Third Degree (Sections 5.07.04, 5.07.05, and 5.07.06) Resolution No. 17-A-010, passed 1/23/2017.
(c) 
Indecent Liberties. Port Gamble S’Klallam Law and Order Code. Amendments: Resolution No. 84 A 03, passed 2/14/1984 amended this section to more clearly define the crime. The mandatory pre-sentence evaluation was passed 6/14/1988. Passed 1/17/1986 amended this section for clarity in definition. Amended by Resolution 05-A-054, passed 6/14/2005, adding the definition for sexual contact. Repealed and replaced with Public Indecency, Section 5.07.12, Resolution No. 17-A-010, passed 1/23/2017.
(d) 
Attempted Suicide. Resolution No. 84 A 03, passed 2/14/1988. This section is intended to reflect the Port Gamble S’Klallam Tribe’s concern for the safety and well-being of its members and is not intended to be punitive. The mandatory pre-sentence evaluation was passed 6/14/1988. Amended by Resolution 05-A-054, passed 6/14/2005. Repealed by Resolution 14 A 047, passed 3/25/2014.
(Res. 19-A-153, 12/16/2019)
[1]
Cross Reference: Chapter 16.09 addresses Attempted Suicide.