Statutes | 9 GTBC ยง 318 | 2020
(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 (1) 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 (1) of the actions is in violation of an injunction or preliminary injunction.
(2) At least one (1) 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 (1) or more credible threats against the victim, a member of the victims 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 section § 311.
(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 ninety-three (93) days imprisonment, but no more than one years imprisonment and/or up to a five thousand dollar ($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.