Eastern Band of Cherokee Indians
§ 14-5.5. Stalking. (2000)
(a) Definition of terms:
(1) Harass means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
(2) Course of conduct means the pattern of conduct composed of a series of acts over time, however short, evidencing a continuity of purpose.
(3) Credible threat means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.
(b) A person commits the offense of stalking if the person willfully on more than one occasion follows, harasses or is in the presence of another person without legal purpose.
(c) A person commits the offense of aggravated stalking if the person willfully on more than one occasion follows, harasses or is in the presence of another person without legal purpose, and:
(1) Makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury; or
(2) Commits the offense when there is a court order in effect prohibiting similar behavior; or
(3) Commits the offense within five years of a prior conviction for this offense; or
(4) The person stalked is a minor under 16 years of age.
(1) A violation of subsection (b) of this section shall be punished by a fine of $500.00, imprisonment for up to one year, or both.
(2) A violation of subsection (c) of this section shall be punished by fine of $5,000.00, imprisonment for up to one year, or both.
Cherokee Code § 14-5.3. Telephone harassment. (2000)
(a) A person is guilty of the offense of telephone harassment if he unlawfully:
(1) Uses in telephonic communications any words or language of a profane, vulgar, lewd, lascivious or indecent character, nature or connection.
(2) Uses in telephonic communication any words or language threatening to inflict bodily harm to any person or physical injury to the property of any person or for the purpose of extorting money or other things of value from any person.
(3) Telephones another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing or embarrassing any person at the called number.
(4) Makes a telephone call and fails to hang up or disengage the connection with the intent to disrupt the service of another.
(5) Telephones another and knowingly makes any false statement concerning death, injury, illness, disfigurement, indecent conduct or criminal conduct of the person telephoned, or of any member of his family or household with the intent to abuse, annoy, threaten, terrify, harass or embarrass.
(6) Knowingly permits any telephone under his control to be used for any purposes prohibited by this section
(b) A violation of this section is punishable by a fine of not more than $500.00 or imprisonment of not more than one year, or both.
Cherokee Code § 14-5.12. Violation of privacy. (2000)
(a) It shall be unlawful, except as authorized by law to:
(1) Trespass on property with intent to subject anyone to eavesdropping or other surveillance, or to visually observe another, in a private place;
(2) Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in such place, or use any such unauthorized installation;
(3) Install or use outside of any private place any device for hearing, recording, amplifying, or broadcasting sounds originating in such place which would not ordinarily be audible or comprehensible outside without the consent of the person or persons entitled to privacy there; or
(4) Divulge without consent of the sender or receiver the existence or content of any such message if the actor knows that the message was illegally intercepted, or if he learned of the message in the course of employment with an agency engaged in transmitting it.
(1) Eavesdrop means to overhear, record, amplify, or transmit any part of an oral or written communication of others without the consent of at least one party thereto by means of any electrical, mechanical or other device. Such eavesdropping or other surveillance shall include, but not be limited to, unauthorized access to computers, data processing equipment or any electronic or manual data storage or record keeping equipment or other such storage devices.Violation of privacy
(2) Private place means a place where one can reasonably expect to be safe from casual or hostile intrusion or surveillance.
shall be punishable by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed one year, or both.