[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a)
A person commits the crime of domestic violence when:
(1)
The person engages in any of the following acts against a family
or household members or person in a dating relationship.
(b)
First Offense: Any person who commits a crime of domestic violence
with no prior conviction of domestic violence in any jurisdiction
shall be deemed guilty of the first offense of domestic violence.
A person convicted of a first offense of domestic violence shall be
imprisoned, for a term of not less than 3 days or more than one year
and shall be fined an amount not less than $100 or more than $5,000.
A domestic violence assessment and a requirement that the defendant
follows through with the recommendations made in the assessment shall
be part of sentencing as well as restitution when appropriate.
(c)
Second Offense: A person convicted of a second offense of domestic
violence shall be imprisoned for a term of not less than 30 days or
more than one year and fined an amount not less than $500 or more
than $5,000. Mandatory counseling shall be part of sentencing as well
as restitution when appropriate.
(d)
Third and Subsequent Offense: A person convicted of a third or subsequent
offense of domestic violence shall be imprisoned for a term of not
less than 93 days or more than one year and fined an amount not less
than $1,000 or more than $5,000. Mandatory counseling shall be part
of the sentencing as well as restitution when appropriate.
(e)
Availability of Deferral of Sentence for First-Time Offender.
(1)
An individual who has not been convicted previously of an assaultive crime may plead guilty to a violation in Title 9, Chapter 2 or 3 of the Tribal Code and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender. The court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation as provided in this section. Before deferring proceedings under this subsection, the court shall consult any resource that may have knowledge that the accused has previously been convicted of an assaultive crime or has previously availed himself or herself of this section. If the search of the records reveals an arrest for an assaultive crime but no disposition, the court shall consult the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest.
(2)
Upon a violation of a term or condition of probation, the court may
enter an adjudication of guilt and proceed as otherwise provided in
this section.
(3)
An order of probation entered under this chapter may include any
condition of probation authorized under the Tribal Code or Court Rules,
including, but not limited to, requiring the accused to participate
in a mandatory counseling program. The court may order the accused
to pay the reasonable costs of the mandatory counseling program. The
court also may order the accused to participate in drug court. The
court may order the defendant to be imprisoned for not more than 12
months at the time or intervals, which may be consecutive or nonconsecutive
and within the period of probation, as the court determines. However,
the period of imprisonment shall not exceed the maximum period of
imprisonment authorized for the offense if the maximum period is less
than 12 months.
(4)
The court shall enter an adjudication of guilt and proceed as otherwise
provided in this chapter if any of the following circumstances exist:
(f)
For Second and subsequent Convictions: The Court may suspend up to
half of the imposition of fines and imprisonment for domestic violence
offense(s) on the condition that the perpetrator is placed on probation
for not less than one year and completes domestic violence counseling
or treatment as ordered. Failure to comply with terms of probation
shall result in the completion of the original sentence.
(g)
Revenue from Fines: Revenue from fines may be used to help defray
the costs of services required under this code for defendants who
demonstrate that they are unable to afford mandatory services.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a)
Any person who commits an act of domestic violence without a weapon,
and inflicts serious or aggravated injury upon that person, but did
not intend to commit murder or inflict great bodily harm less than
murder has committed the crime of aggravated domestic violence.
(b)
Sentence for aggravated domestic violence: A person convicted of
aggravated domestic violence shall be imprisoned for a term of not
less than 93 days or more than one year and fined no less than $1,000
or more than $5,000. Mandatory counseling shall be a part of the sentencing
as well as restitution when appropriate.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007. On]
(a)
Any person who violates a restraint provision contained in an order
entered under this code, or of a comparable provision of an order
accorded full faith and credit by the court, of which the person had
actual notice prior to the time of the alleged violation, has committed
the crime of violating a domestic violence restraining order.
(b)
For the purposes of this code, violation of a domestic violence restraining
order shall be considered a crime of domestic violence.
(c)
Penalty: Depending on the circumstances, violation of a restraining
order or PPO may subject a respondent to immediate arrest and to the
civil and criminal contempt powers of the court, which may include
up to 93 days' imprisonment and/or a fine up to $1,000.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(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 systems, 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.
(b)
Penalty: The penalty for interfering with a report of domestic violence
will be up to 180 days imprisonment and/or up to a $1,000 fine.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a)
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 an assault of the most serious
nature and punishable by tribal law.
(b)
Penalty: The penalty for assaulting a domestic violence staff person
will be up to 180 days' imprisonment, and/or a $5,000 fine.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(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
(b)
Penalty: Stalking will result in up to one year imprisonment and/or
up to a $1,000 fine.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a)
A person commits the crime of stalking a minor if, without lawful
authority:
(1)
The person willfully and repeatedly engages in unwanted contact with
a minor, either directly or indirectly; and
(2)
The minor receiving the unwanted contact is intimidated, alarmed,
emotionally distressed, or placed in fear; 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
(b)
Penalty: Stalking of a minor shall result in not less than 93 days,
but no more than a year imprisonment and/or up to a $5,000 fine.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a)
An individual who engages in stalking is guilty of aggravated stalking
if the violation involves any of the following circumstances:
(1)
At least one of the actions constituting the offense is in violation
of a restraining order and the individual has received actual notice
of that restraining order or at least one of the actions is in violation
of an injunction or preliminary injunction.
(2)
At least one of the actions constituting the offense is in violation
of a condition of probation, a condition of parole, a condition of
pretrial release, or a condition of release on bond pending appeal.
(3)
The course of conduct includes the making of one or more credible
threats against the victim, a member of the victim's family, or another
individual living in the same household as the victim.
(4)
The individual has been previously convicted of a violation of this
section or § 301.
(b)
The Tribal Court may place an individual convicted of violating this
section on probation for any term of years, accordingly. If a term
of probation is offered, the court may, in addition to any other lawful
condition of probation, order the defendant to do any of the following:
(1)
Refrain from stalking any individual during the term of probation;
(2)
Refrain from any contact with the victim of the offense;
(3)
Be evaluated to determine the need for psychiatric, psychological,
or social counseling and, if determined appropriate by the court,
to receive psychiatric, psychological, or social counseling at his
or her own expense.
(c)
In a prosecution for a violation of this section, evidence that the
defendant continued to engage in a course of conduct involving repeated
unconsented contact with the victim after having been requested by
the victim to discontinue the same or a different form of unconsented
contact, and to refrain from any further unconsented contact with
the victim, gives rise to a rebuttable presumption that the continuation
of the course of conduct caused the victim to feel terrorized, frightened,
intimidated, threatened, harassed, or molested.
(d)
Penalty: Penalty for aggravated domestic violence shall result in
no less than 93 days, but no more than one year imprisonment and/or
up to a $5,000 fine.
(e)
A criminal penalty provided for under this section may be imposed
in addition to any penalty that may be imposed for any other criminal
offense arising from the same conduct or for contempt of court arising
from the same conduct.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007,]
(a)
An individual who engages in stalking a minor is guilty of aggravated
stalking of a minor if the violation involves any of the following
circumstances:
(1)
At least one of the actions constituting the offense is in violation
of a restraining order and the individual has received actual notice
of that restraining order or at least one of the actions is in violation
of an injunction or preliminary injunction;
(2)
At least one of the actions constituting the offense is in violation
of a condition of probation, a condition of parole, a condition of
pretrial release, or a condition of release on bond pending appeal;
(3)
The course of conduct includes the making of one or more credible
threats against the minor victim, a member of the minor victim's family,
or another individual living in the same household as the minor victim;
(4)
The individual has been previously convicted of a violation of this
section or § 301.
(b)
The Tribal Court may place an individual convicted of violating this
section on probation for any term of years, accordingly. If a term
of probation is offered, the court may, in addition to any other lawful
condition of probation, order the defendant to do any of the following:
(1)
Refrain from stalking any individual during the term of probation;
(2)
Refrain from any contact with the minor victim of the offense.
(3)
Be evaluated to determine the need for psychiatric, psychological,
or social counseling and, if determined appropriate by the court,
to receive psychiatric, psychological, or social counseling at his
or her own expense.
(c)
In a prosecution for a violation of this section, evidence that the
defendant continued to engage in a course of conduct involving repeated
unconsented contact with the minor victim after having been requested
by the minor victim/minor victim's parent(s)/caregiver to discontinue
the same or a different form of unconsented contact, and to refrain
from any further unconsented contact with the minor victim, gives
rise to a rebuttable presumption that the continuation of the course
of conduct caused the minor victim to feel terrorized, frightened,
intimidated, threatened, harassed, or molested.
(d)
Penalty: Penalty of aggravated stalking of a minor shall result in
not less than 180 days, but no more than one year imprisonment and/or
up to a $5,000 fine.
(e)
A criminal penalty provided for under this section may be imposed
in addition to any penalty that may be imposed for any other criminal
offense arising from the same conduct or for contempt of court arising
from the same conduct.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
A person who engages in conduct proscribed under §§ 311
through 319, and who, in the course of engaging in that conduct, possesses
a dangerous weapon or an article used or fashioned in a manner to
lead any person present to reasonably believe the article is a dangerous
weapon, or who represents orally or otherwise that he or she is in
possession of a dangerous weapon, is guilty of a crime.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
All provisions, mandates, and definitions as stated in this
Code 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 family or household members or to persons in a dating
relationship.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a)
The location of the threatening action by a stalking perpetrator
does not bar prosecution under this chapter. The act is a credible
threat when full transmittal of the threat has been completed to the
victim, when said victim is within the boundaries of the six-county
service area.
(b)
Corroborated initial or intervening acts, used to establish a pattern
of conduct for the purpose of probable cause under this section, but
which occurred outside the boundaries of the six-county service area,
may be used to establish and corroborate said pattern for prosecution
of a violation under this section. However, initial or intervening
acts occurring outside the boundaries of the six-county service area
are not prosecutable as separate offenses under this section.
(c)
The incarceration of the person making the threat shall not bar prosecution
under this chapter.
