Statutes | Hoh Indian Tribe Law and Order Code Title 9 ยง 1.7 | 2020
A. A person commits the crime of stalking if:
1. The person knowingly alarms or coerces another person or a member of that persons family or household by engaging in repeated and unwanted contact with the other person
2. A reasonable person in the victims same or similar situation would be alarmed or coerced by the contact and
3. The repeated and unwanted contact causes the victim reasonable apprehension of harm regarding the personal safety of the victim or a member of the victims family or household.
B. Penalties for the Crime of Stalking:
1. Any person who shall knowingly commit an act of stalking as defined by this Section shall be deemed guilty of the offense of stalking and upon conviction shall be sentenced to:
a. For the first offense: confinement of up to, but not exceed three (3) months and/or expulsion from the Hoh Indian Reservation of up to, but not exceed nine (9) months and/or publication of the perpetrators name and photograph in the Hoh Tribal newspaper (if one exists) described as a Stalker and/or a fine up to, but not exceed two hundred Dollars ($200) or to any combination of such confinement, publication, and fine
b. For the second offense: confinement of up to, but not exceed five (5) months and/or expulsion from the Hoh Indian Reservation of up to, but not exceed Fifteen (15) months and/or publication of the perpetrators name and photograph in the Hoh Tribal newspaper (if one exists) described as a Stalker and/or a fine up to, but not exceed four hundred dollars ($400) or to any combination of such confinement, publication, and fine
c. For the third offense: confinement of up to, but not to exceed six (6) months and/or expulsion from the Hoh Indian Reservation of up to, but not exceed twenty-four (24) months and/or publication of the perpetrators name and photograph in the Hoh Tribal newspaper (if one exists) described as a Stalker and/or a fine up to, but not to exceed five hundred Dollars ($500) or to any combination of such confinement, publication, and fine
2. The Hoh Tribe&rsquos per capita payment of any person convicted under this section shall be withheld by the Hoh Tribe and applied to fines and/or costs incurred by the Hoh Tribes for confinement or expulsion of the convicted person until the fines and/or costs are paid in full.
3. In addition to or in lieu of the imposition of such confinement and/or fine, the Court shall order the convicted person to participate in the Hoh Tribe&rsquos Family Services certified domestic violence treatment program, or if the Hoh Tribe&rsquos Family Services Program is unavailable at the time of sentencing a certified domestic violence treatment at the convicted persons expense as provided in Section 1.10 of this Ordinance.
4. In addition to or in lieu of the imposition of such confinement and/or fine, for juveniles the court shall order the convicted juvenile to participate in the Hoh Tribe&rsquos Juvenile Offender Treatment Program, or if Hoh Tribe&rsquos juvenile offender Program is unavailable at the time of sentencing, the juvenile will be referred to a juvenile community treatment offender program at the convicted juvenile persons expense.
5. All provisions, mandates, and definitions as stated in this Ordinance including Sections1.1 through 1.22 shall be equally applied and enforced with regards to the crimes of domestic violence.