Chapter 4.65
DOMESTIC VIOLENCE SPECIFIC CRIMES
Sections:
4.65.020 Violation of a domestic violence protection order.
4.65.030 Interfering with the reporting of domestic violence.
4.65.040 Assaulting domestic violence staff.
4.65.060 Stalking to be treated as a domestic violence crime.
4.65.070 Location of stalking perpetrator not a bar to prosecution.
4.65.010 Domestic violence.
A person commits the crime of domestic violence as defined herein against an intimate partner. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.3.010.]
4.65.020 Violation of a domestic violence protection order.
A. Any person who violates a protection provision contained in an order entered under this division, or of a comparable provision of an order accorded full faith and credit by the Court under Chapter 4.90 CTC, of which the person had actual notice prior to the time of the alleged violation, has committed the crime of violating a domestic violence protection order.
B. For the purposes of this division, violating a domestic violence protection order shall be considered a crime of domestic violence and shall be guilty of a Class B offense. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.3.020.]
4.65.030 Interfering with the reporting of domestic violence.
A. Any person who prevents or attempts to prevent a victim of domestic violence or a witness to an act of domestic violence from calling 911 emergency communication system, obtaining medical assistance or making a report to any Tribal, State or Federal Police official, has committed the crime of interfering with the reporting of domestic violence.
B. For the purposes of this division, interfering with the reporting of domestic violence shall be considered a crime of domestic violence and shall be guilty of a Class B offense. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.3.030.]
4.65.040 Assaulting domestic violence staff.
Any written or verbal threat or any other assault upon a person acting in an official or professional capacity in the protection of victims of domestic violence shall be considered to be an assault of the most serious nature and shall be guilty of a Class B offense. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.3.040.]
4.65.050 Crime of stalking.
A. A person commits the crime of stalking if, without lawful authority:
1. The person willfully and repeatedly engages in unwanted contact with another person, either directly or indirectly; and
2. The person receiving the unwanted contact is intimidated, alarmed, emotionally distressed, or placed in fear that the stalker intends to injure the person or property of the person or of another person and the feeling of intimidation, alarm, emotional distress or fear is one that a reasonable person in the victim’s situation would experience under all the circumstances; and
3. The stalker either:
a. Intends to frighten, intimidate, alarm or emotionally distress the other person, or
b. Knows or reasonably should know that the other person being followed, either directly or indirectly, is afraid, intimidated, alarmed or emotionally distressed, even if the stalker did not intend such a result.
B. “Contact” includes, but is not limited to:
1. Coming into and/or remaining in the visual or physical presence of the other person;
2. Following the other person by any reasonable means;
3. Waiting outside the home, property, place of work or school of the other person or of a member of that person’s family or household;
4. Sending or making written communication in any form to the other person;
5. Speaking with the other person by any means;
6. Communicating with the other person through a third person;
7. Committing a crime against the other person;
8. Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person;
9. Communicating with business entities with the intent of affecting some right or interest of the other person;
10. Damaging the other person’s home, property, place of work or school; or
11. Delivering directly or through a third person any object to the home, property, place of work, or school of the other person. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.4.010.]
4.65.060 Stalking to be treated as a domestic violence crime.
A. All provisions, mandates, and definitions as stated in this division shall be equally applied and enforced with regards to the crime of stalking as to the crime of domestic violence. The crime of stalking is not limited to an intimate partner, family or household members.
B. The penalties for the crime of stalking shall be the same as the penalties for the crime of domestic violence. All penalties of this division shall apply to the crime of stalking. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.4.020.]
4.65.070 Location of stalking perpetrator not a bar to prosecution.
A. The location of the threatening action by a stalking perpetrator, either directly or through a third party, as corroborated through telephone records, email, texts, social media, postmarks, or order/delivery records, and/or witnesses, as being outside the Tribe’s jurisdiction will not bar prosecution under this division. The act is considered to be a credible threat when full transmittal of the threat has been completed to the victim, when said victim is within the Tribe’s jurisdiction.
B. Corroborated initial or intervening acts, used to establish a pattern of conduct for the purpose of probable cause under this division, but which occurred outside the Tribe’s jurisdiction, may be used to establish and corroborate said pattern for prosecution of a violation under this division. However, initial or intervening acts occurring outside the Tribe’s jurisdiction are not prosecutable as separate offenses under this division.
C. The present incarceration of the person making the threat shall not bar prosecution under this division. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.4.030.]