Traverse Bay Bands of Odawa Indian
§ 9.707. Stalking.
1. Purpose. The stalking provision of the LTBB Domestic Violence Statute is construed to promote the fact that the active stalking of another, is a basic and often primary activity used by domestic violence offenders to establish, or re-establish, control over domestic violence victims. Through the pursuit or following of the victim by the perpetrator, the risk to the victim of being physically assaulted by the stalker is greatly increased. The goal of this section is to provide safety and protection to victims, potential victims, and to set standards of behavior within the family.
A. "Credible threat'' means a verbal or written threat, or a threat implied by a pattern of conduct, or combination of such verbal/written statements and conduct, either directly or through a third party, made with the intent to place the person who is the target of the threat in reasonable fear of his/her safety. The main standard for establishing a credible threat is the victim's perception of a threat to his/her safety. The second criteria will be the apparent ability of the defendant to carry out the threat, whether verbal, written, or implied through a willful pattern of conduct. The third standard is the ability to identify and relate a pattern of corroborated stalking behavior.
B. "Harass" means a knowing and willful pattern of conduct directed at a specific person, either directly or through a third party, which seriously alarms, annoys, torments, or terrorizes the person, and which serves no legitimate purpose. Harassing behavior can include but is not limited to:
b. Annoying or threatening telephone calls;
c. Following or other violations of a Protection Order;
d. Actual Assaults;
e. Sending unwanted letters;
f. Sending unwanted electronic mail, or any other form of electronic communication;
g. Sending unwanted messages or threats through third parties;
h. Showing up at a victim's home or workplace;
i. Attempting to obtain private information about the victim through others;
j. Leaving gifts for the victim;
k. Disabling or otherwise tampering with the victim's vehicle;
l. Taking mail from the victim's mailbox;
m. Entering the victim's home or place of residence whether the victim is there or not there;
n. Parking near or driving by the victim's residence or workplace for no legitimate reason; and
o. Using agencies or institutions in a manner that constitutes a pattern of conduct consistent with retaliation or harassment, by initiating investigations, restrictions or sanctions against the victim.
C. "Pattern of conduct" means conduct which has caused the victim to suffer substantial emotional distress or fear. This course of conduct should contain a series of acts carried out by the defendant over a period of time, however short, which demonstrates a continuity of purpose (i.e., to annoy, harass, follow, etc.), and which would cause a reasonable person to suffer like emotional distress or fear.
D. "Family" means any spouse, parent, child, stepparent, stepchild, grandparent, grandchild, or significant other person or relative with whom the victim has a familial relationship, or who resides with the victim or any other relationship as defined in LTBB Domestic Violence Statute, Section 9.703(B).
E. "Corroborating stalking conduct" means any evidence of harassing behavior, physical evidence at the scene, records, documents, letters, unsubstantiated alibis, recorded messages, police reports, prior stalking convictions, witness information, or any other information, which would indicate a willful pattern of conduct or threat.
2. Stalking; Penalties.
A. A person found guilty of stalking shall be subject to a penalty of not more than sixty (60) days in jail, a fine not to exceed $500, or both fine and imprisonment.
A person guilty of a second or subsequent offense, within five (5) years of the first offense, shall be subject to a penalty of not less than ninety (90) days in jail, a fine not to exceed $500, or both fine and imprisonment.
§ 9.017-C8. Harassment.
a.Offense. A person who verbally harasses another, including obscene or threatening phone calls, with the intent of causing that person physical or emotional harm, shall be guilty of an offense.
b.Sentence. A person convicted of harassment may be sentenced to a jail term not to exceed sixty (60) days or to a fine not to exceed one thousand dollars ($1,000.00) or to both.