10.15.100 Felony offenses.
Offenses hereby considered as felonies may be punished by imprisonment not to exceed three years, a fine of $15,000.00, or both. Misdemeanors which have aggravating factors as defined in this chapter directed at the victim or a close family member of the victim may be elevated to a felony.
(a) Definitions of Felony Offenses
(1) “Kidnapping” means whoever, in the territory or jurisdiction of the Yurok Tribe, knowingly:
(A) Secretly confines another against their will;
(B) By force or threat of imminent force carries a person from one place to another with intent to confine that other person against their will; or
(C) By deceit or enticement induces another to go from one place to another with intent to confine that person against their will, or against their custodial rights.
(2) “Sexual abuse” means whoever, in the territory or jurisdiction of the Yurok Tribe, knowingly:
(A) Causes another person to engage in a sexual act by threatening or by placing that person in fear (other than by threat of serious bodily harm, kidnapping, or death); or
(B) Engages in a sexual act with another person if that other person is:
(i) Incapable of comprehending the nature of the conduct; or
(ii) Physically incapable of declining participation in, or communicating willingness in that sexual act.
(3) “Stalking” means whoever, in the territory or jurisdiction of the Yurok Tribe, knowingly:
(A) Within the territory or the jurisdiction of the Yurok Tribe, or one who enters and leaves the territory or jurisdiction of the Yurok Tribe with intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel and presence engages in conduct that:
(i) Places that person in reasonable fear of the death of, or serious bodily injury to that person, an immediate family member, or a cherished pet; or
(ii) Causes or attempts to cause, or would be reasonably expected to cause emotional distress to a person or an immediate family member.
(B) With the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service to engage on a course of conduct that:
(i) Places that person in reasonable fear of the death or serious bodily injury to a person described in subsection (a)(3)(A)(i) of this section; or
(ii) Causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in subsection (a)(3)(A)(i) of this section.
(C) Or intentionally violating a valid protective or restraining order that results in injury or death.
(4) “Trafficking” means whoever knowingly within the territory or jurisdiction of the Yurok Tribe:
(A) Recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or
(B) With the intent, knowledge, or in reckless disregard of the facts, does through means of force, fraud, coercion, or any combination of such means will be used to engage that person in a commercial sex act, or a forced act of labor; or
(C) Benefits, financially or by receiving anything of value from participation in an act as described above.
(5) “Causing or aiding in suicide” means a person who, within the territory or jurisdiction of the Yurok Tribe knowingly:
(A) By force, duress or deception, intentionally causes another person to commit or attempt to commit suicide; or
(B) Aids or solicits another to commit or attempt to commit suicide, except an adult who utilizes options available through legal physician-aided death. [Ord. 62B § 4103, amended, 11/7/2019.]