Statutes | Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Tribal Code Chapter 52 Title II ยง 52-07-01 | 2018
Crimes involving domestic violence as defined in 52-04-01 are oftentimes already defined under the existing Sisseton-Wahpeton Sioux Tribal Code. The purpose of this ordinance is to clarify that domestic violence is a separate crime punishable separate and apart from the underlying crime, and to acknowledge that when the following crimes are committed against a family or household member, a finding of such shall trigger the application ofthis ordinance. The crime of domestic violence occurs when a family or household member commits one or more ofthe following
offenses against another family or household member:
1. Arson;
2. Assault Offenses (Battery, Aggravated Assault, Simple Assault, and Intimidation);
3. Burglary, Breaking and Entering;
4. Destruction of Property, Damage, Vandalism of Property;
5. Homicide Offenses (Murder and Nonnegligent Manslaughter, Negligent Manslaughter, and Justifiable Homicide);
6. Kidnapping, Abduction;
7. Sex Offenses, Forcible (Forcible Rape, Forcible Sodomy, Sexual Assault with an Object, and Forcible Fondling);
8. Stolen Property Offenses;
9. Weapon Law Violations;
10. Disorderly Conduct;
11. Family Offenses, Non-Violent;
12. Stalking;
13. Trespass of Real Property;
14. Intoxication;
15. Harassment;
Committing the above stated should not diminish the seriousness of domestic violence or take precedence over the crime of domestic violence since the intent of this code is to prevent further acts of domestic violence. The commission of one of
the above-referenced crimes against a family or household member shall trigger the application of this ordinance, even if the criminal complaint is also charged as one of these offenses. The purpose of this code is to differentiate between those crimes committed against non-family and non-household members and those against family and household members as defined in 52-04-01 which shall be subject to the provisions of this ordinance.
The use of alcohol in the committing of domestic violence or any crime related to domestic violence shall not diminish the seriousness of domestic violence or take precedence over the crime of domestic violence. The fact that the perpetrator was under the influence at the time of the offense shall not be utilized by law enforcement prosecution or the court to mitigate the severity of the violence. Voluntary intoxication, which is available as a legal defense only in cases involving specific intent crimes, shall not be available as a defense to a perpetrator, nor shall it be utilized to lessen the consequences to the perpetrator.