NCJ Number
249779
Journal
SMART Watch Dispatch Dated: March 2015 Pages: 1-2
Date Published
March 2015
Length
2 pages
Annotation
This issue discusses the implications of the court case of State v. Shale (Supreme Court of the State of Washington, 2015), in which Howard Shale appealed his conviction for failure to register as a sex offender.
Abstract
Although Shale registered as a sex offender in King County, WA, after his release from Federal prison where he served his sentence for raping a child under 12, he lived with his extended family members on the lands of the Quinault Indian Reservation, which is in Jefferson County, WA, where he failed to register as a sex offender. His defense at trial was that as an enrolled member of an Indian Tribe whose offense was committed in Indian Country, he was not subject to the criminal jurisdiction of the State court. Upon appeal, the Washington State Supreme Court held that even though Shale was a member of a federally recognized tribe (Yakama Nation) and his crimes were committed wholly on the lands of the Quinault Indian Reservation, because he was not on the lands of the tribe of which he is a member, he is subject to State criminal jurisdiction and could also be subject to a (Quinault) tribal charge for failure to register as a sex offender. The SMART Office encourages Washington State and its Indian tribes to work together in making sure that sex offenders in the State are given clear guidance as to State and tribal sex offender registration and notification codes.
Date Published: March 1, 2015