Statutes | Cherokee Code Part II Chapter 50C ยง 50C-2 | 2019
The following definitions apply in this Chapter:
(a) Abuse. To physically or mentally harm, harass, intimidate, or interfere with the personal liberty of another.
(b) Civil no-contact order. An order granted under this Chapter, which includes a remedy authorized by Section 50C-6.
(c) Course of conduct. The pattern of conduct composed of a series of acts over time, however short, evidencing a continuity of purpose.
(d) Harasses or harassment. Knowing conduct, or engaging in a course of conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person, or causes substantial emotional distress in such person and that serves no legitimate purpose.
(e) Nonconsensual sexual contact. Where the touched person has not freely given consent to that contact or any consent given by the touched person was ineffective due to incapacity or age.
(f) Sexual contact. The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person whether an adult or a minor with an intent to abuse, humiliate, harass, degrade or for the purpose of sexual gratification or arousal.
(g) Stalking. Committing the crime of stalking as defined in § 14-5.5 of the Cherokee Code or:
(1) On more than one occasion, following, harassing, or being in the presence of another person without legal purpose with the intent to place the person in reasonable fear either for the persons safety or the safety of the persons immediate family or close personal associates.
(2) On more than one occasion, following, harassing, or being in the presence of another without legal purpose when there is a court order in effect prohibiting similar behavior.
(3) On more than one occasion, following, harasses or is in the presence of another person without legal purpose within five years of a prior conviction for stalking or
(4) On more than one occasion, following, harassing, or being in the presence of another without legal purpose, when the other person is a minor under the age of 18.
(h) Unlawful conduct. The commission of one or more of the following acts by a person 18 years of age or older upon another person, but does not include of acts of self-defense or defense of others.
(1) Nonconsensual sexual contact including single incidences of nonconsensual sexual contact.
(2) Stalking.
(i) Victim. A person against whom an act of unlawful conduct has been committed by another person who is not an intimate partner of the person.
(Ord. No. 17 , 12-20-2017)