Statutes | Kalispel Tribe Law and Order Code Chapter 8 § 8-5 §§ 8-5.01 | 2020

As used in this chapter, the following terms shall have the meanings given them:
(1) "Domestic Violence" includes but is not limited to any of the following acts defined below, when committed by one family or household member against another:

     (A) Aiding and Abetting: any person who knowingly aids and abets another person to commit an act or engage in conduct which is defined in this section as domestic violence.

     (B) Arson: any person who knowingly causes a fire on his own property or that of another and thereby places the person or the property of another in danger of damage or destruction or causes damage or destruction to the person or property of another.

     (C) Assault: any person who willfully attempts or threatens to inflict bodily harm on another person through force or violence.

     (D) Battery: any person who willfully strikes another person or otherwise inflicts bodily harm, or who, by offering violence causes another to harm himself or herself.

     (E) Disorderly Conduct: any person who:

          (i) uses abusive language and thereby intentionally creates a risk of an assault or battery or

          (ii) intentionally disrupts any lawful assembly or meeting of persons without lawful authority.

     (F) Disturbing the Peace: any person who, by means of a loud noise or disruptive act, endangers or disrupts the peace, tranquility, health, or welfare of any person or natural wildlife community.

     (G) Endangering the Welfare of a Child: any person who knowingly endangers the welfare of a child by violating a duty of care, protection or support, or by intentionally leaving a child without care or by otherwise neglecting to care for a child in any manner which threatens serious harm to the physical or emotional well-being of a child including the failure to provide adequate food, clothing, shelter, or medical care.

     (H) Incest: any person who engages in sexual intercourse or has sexual contact with a person whom he knows to be related, either legitimately or illegitimately, as an ancestor, descendant, brother, sister, first cousin, aunt, uncle, niece, nephew, or second cousin, of either the whole or half blood. As used in this section, "descendant" includes step-children and adopted children. Sexual contact is defined below. See also Indecent Liberties, Rape, Sexual Abuse.

     (I) Indecent Liberties: any person who engages in "Sexual Contact", which is defined as any touching of the sexual or other intimate parts of a person done for the purpose of arousing or gratifying sexual desire of either person. See also Incest, Rape, Sexual Abuse.

     (J) Intimidation: any person who either implicitly or explicitly threatens another with the intent to coerce the other person to act against his or her will.

     (K) Interference with Custody: any person who knowingly takes or entices a minor or incompetent person from the legal custody of a person, agency, or institution or who fails to return a minor or incompetent person to anothers legal custody as required by the terms of a valid court order.

     (L) Intimidating a Juror: any person who, by use of a threat, attempts to:

          (i) influence the testimony of a witness in any official proceeding or

          (ii) induce a witness to be absent from the proceeding.

     (M) Kidnapping: any person who:

          (i) restrains another by use of threat of deadly force or

          (ii) who secrets or holds another in a place he or she is not likely to be found, with intent:

  •  to hold him or her for ransom, as a shield, or as a hostage or
  •  to inflict bodily injury on him or her or
  •  to inflict extreme mental distress on him or her to or a third person.

     (N) Rape: any person who engages in penetration however slight, under the following circumstances:

          (i) Where the other person is under the age of eighteen (18) years of age

          (ii) Where he or she is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent

          (iii) Where he or she resists but his or her resistance is overcome by force or violence

          (iv) Where he or she is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution or by any intoxicating, narcotic, or anesthetic substance administered by or with the privity of the accused

          (v) Where he or she is at the time unconscious of the nature of the act, and this is known to the accused and

          (vi) Where he or she submits under the belief that the person committing the act is his or her spouse, and the belief is induced by artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. See also Incest, Indecent Liberties, Sexual Abuse.

     (O) Reckless Endangerment: any person who recklessly engages in conduct which creates substantial risk of death or serious physical injury to another.

     (P) Robbery: any person who unlawfully takes personal property:

          (i)  from the person of another or in his or her presence

          (ii) against his will and

          (iii) by threat of injury to the person or his or her property.

     (Q) Sexual Abuse: any person responsible for a youths health or welfare who causes or who by action or inaction acquiesces in the non-accidental physical or mental injury of a youth, including lewd or indecent acts or proposals, and sexual exploitation. See also Rape, Incest, Indecent Liberties.

     (R) Telephone Abuse: any person who makes a telephone call without purpose of legitimate communication and with intent to annoy, alarm, insult, or taunt another person who refuses to surrender the use of a party line when the telephone is needed for an emergency.

     (S) Trespass: any person who knowingly enters lands or buildings of another when:

          (i) lands or buildings are curtilage or designed to exclude intruders or

          (ii) who refuses to leave immediately on request of the owner, occupant, or caretaker of the property, or on request of a law enforcement officer.

     (T) Unlawful Discharge of Firearm: any person who discharges any firearm or other device which propels a missile capable of causing injury in any manner near any gathering of people.

     (U) Unlawful Imprisonment: any person who knowingly restrains another person against his or her will, without lawful authority.

     (V) Vandalism : any person who uses, injures, or destroys public or private property of any kind, not his or her own, with malice or without authority.

(2)  "Family members or household members" means spouses, former spouses, adults related by blood or marriage, persons who reside together or have resided together in the past, and persons who have a child in common regardless of whether they have ever been married or lived together. Family members or household members includes persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

(3)  "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include:

     (A) The length of time the relationship has existed

     (B) The nature of the relationship and

     (C) The frequency of interaction between the parties.

(4) "Victim" means a family or household member who has been subjected to domestic violence.