§65-01-01. Policy and
Intent.
It shall be and is
hereby established as the policy and intent of the Sisseton-Wahpeton Sioux
Tribe to prohibit Harassment and Stalking, without regard to whether the
persons involved are family members, were or are married, cohabiting, or
involved in a relationship. To provide protection for those who have suffered
threats of harm and to impose legal intervention and penalty to violators of
this law.
§65-02-01.
Definitions of Terms.
For the purposes
of this section, the following terms have the meanings given them in this
Chapter:
65-02-02 Credible
Threat -
a
threat made with the intent and the apparent ability to carry out the threat,
a credible threat need not be express verbally.
65-02-03 Course of
Conduct - a pattern of
conduct composed of a series of acts over a period of time, however short,
evidencing a continuity of purpose.
65-02-04 Court –
means
the Sisseton-Wahpeton Sioux Tribal
Court.
65-02-05
Dwelling - means the
building or part of a building used by an individual as a place of residence
on either a full-time or a part-time basis. A dwelling may be part of a
multi-dwelling or a multipurpose building, or a manufactured
home.
65-02-06
- Family or Household Member - means spouses,
persons living with spouses, persons related by blood or marriage, and other
persons residing jointly in the same dwelling unit who are eighteen (18) years
of age or older, or who are emancipated.
65-02-07
-
Harasses or Harassment
1.
a knowing and
willful course of conduct directed at a specific person which seriously
alarms, annoys, harasses or who makes a credible threat to another person and
which serves no legitimate purpose.
2.
would cause a
reasonable person under the circumstances to feel oppressed, persecuted, or
intimidated; and,
3.
causes this
reaction on the part of the victim;
4.
repeated,
intrusive, or unwanted acts, words, or gestures that are intended to adversely
affect the safety, security, or privacy of another, regardless of the
relationship between the actor and the intended target;
5.
target residential
picketing; and
6.
a pattern of
attending public events after being notified that the actor's presence at the
event is harassing to another.
65-02-09 Officer
–
means the Sisseton-Wahpeton Sioux Tribal Police.
65-02-10
Petitioner/Victim - means persons
alleging harassment and/or stalking in a Protection order petition/or
throughout the proceedings described in this Code.
65-02-11 Premises
– means
real property and any appurtenant building or structure.
65-02-12
Respondent/Abuser - means any
individual alleged to have engaged in harassment and/or stalking or
organization alleged to have sponsored or promoted harassment and/or stalking
in a Protection Order petition and/or throughout subsequent Court
proceedings.
65-02-13
Stalking - any person who
willfully, maliciously, and repeatedly follows or; harasses another person or
who makes a credible threat to another person with the; intent to place that
person in reasonable fear of death or great bodily injury is guilty of a the
crime of stalking.
65-02-14 Targeted
Residential Picketing - includes the
following acts when committed on more than one occasion. Marching, standing,
or patrolling by one or more persons which prevents an occupant of a
residential building from gaining access to or exiting from the property on
which the residential building is located.
§65-11-01. Harassment
and/or Stalking Crimes.
A person who
repeatedly harasses and stalks another by committing any of the following acts
is guilty of a misdemeanor determined by the court:
- directly or indirectly
manifests a purpose or intent to injure the person, property, or rights of
another by the commission of an unlawful act;
- stalks, follows, or purposes
another;
- returns to the property of
another if the actor is without claim of right to the property or consent of
one with authority to consent;
- repeatedly makes telephone
calls, or includes a victim to make telephone calls to the actor, whether or
not conversation ensues;
- makes or causes the telephone
of another repeatedly or continuously to ring;
- repeatedly uses the mail or
delivers or causes the delivery of letters, telegrams, packages, or other
objects; or
- ensues in an other harassing
interferes with another person or person's privacy or
liberty.
65-11-02. The conduct
described in clauses 4. and 5. may be prosecuted either at the place where the
call is made or where it is received. The conduct described in clause 7. may
be prosecuted either where the mail is deposited to where it is
received.
§65-12-01. Pattern of
Harassing and/or Stalking Conduct.
A person who
engages in a pattern of harassing and/or stalking conduct with respect to a
single household in a manner that would cause a reasonable person under the
circumstances to feel terrorized or to fear bodily harm ' and that does cause
this reaction on the part of the victim, is guilty of a misdemeanor and may be
sentenced to incarceration or payment of a fine.
65-12-02. For purposes of
this Section a "pattern of harassing and/or stalking conduct" means to two or
more acts within the five (5) year period.
§65-14-02. Notice of
Decision Not to Prosecute.
A prosecutor shall
make every reasonable effort to notify a victim of harassment and/or stalking
that the prosecutor has decided to decline prosecution of the case or to
dismiss the criminal charges filed against the defendant. Efforts to notify
the victim should include, in order of priority:
1. contacting the
victim or a person designated by the victim by telephone;
and,
2. contacting the
victim by mail.
65-14-03
- If a suspect is
still in custody, the notification attempt shall be made before the suspect is
released from custody.
65-14-04
- Whenever a
prosecutor dismisses criminal charges against a person accused of harassment
and/or stalking, a record shall be made of the specific reasons for the
dismissal. If the dismissal is due to the unavailability of the witness, the
prosecutor shall indicate the specific reason that the witness is
unavailable.
65-14-05. Whenever a
prosecutor notifies a victim of harassment, or stalking under this Section,
the prosecutor shall also inform the victim of the method and benefits of
seeking an Ex Parte temporary order for protection or a restraining
order.
§26-52-02.
Stalking.
Any person who
willfully, maliciously, and repeatedly follows or harasses another person or
who makes a credible threat to another person with the intent to place that
person in reasonable fear of death or great bodily injury is guilty of the
crime of Stalking.
A violation of
Section 26-53-01 shall be deemed a special Class Misdemeanor and shall be
sentenced as follows:
1st Offense: Class E Misdemeanor
2nd Offense: Class C Misdemeanor
3rd Offense: Class B Misdemeanor
4th Offense: Class One (1) Misdemeanor (or more)