Statutes | 9 GTBC ยง 338 | 2020

§ 338 - Evidence Defendant&rsquos Commission of Other Acts of Domestic Violence, Admissibility Notice
 
(a) Except as provided in Subsection (d) in a criminal action in which the defendant is accused of any offense involving domestic violence, evidence of the defendant&rsquos commission of other acts of domestic violence is admissible for any purpose for which it is relevant.
 
(b) If the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered, to the defendant not less than fifteen (15) days before the scheduled date of the trial or at a later time as allowed by the Tribal Court for good cause shown.
 
(c) This section does not limit or preclude the admission or consideration of evidence under any other statute, rule of evidence, or case law.
 
(d) Evidence of an act occurring more than ten (10) years before the charged offense is inadmissible under this section, unless the Tribal Court determines that admitting this evidence is in the interest of justice.
 
(e) As used in this section:
            (1) &ldquoDomestic Violence&rdquo or &ldquooffense involving domestic violence&rdquo means an occurrence of one (1) or more of the following:
                        (A) Causing or attempting to cause physical or mental harm to a family or household member
                        (B) Placing a family or household member in fear of physical or mental harm
                        (C) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress
                        (D) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested (2) &ldquoFamily or household member&rdquo means any of the following:
                        (A) A spouse or former spouse
                        (B) An individual with whom the person resides or has resided
                        (C) An individual with whom the person has or has had a child in common
                        (D) An individual with whom the person has or has had a dating relationship as used in the subparagraph, &ldquodating relationship.&rdquo
 
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.