Salish and Kootenai Tribal Offenses
§ 2-1-510. Stalking.
1. A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly
a. following the stalked person; or
b. harassing, threatening, or intimidating the stalked person, in person or by phone, by mail, or by other action, device, or method.
2. This section does not apply to an activity protected by the Tribal Constitution or the Indian Civil Rights Act.
3. For the first offense, a conviction of stalking is a Class D offense over which the Tribes have exclusive jurisdiction. A second or subsequent offense or a first offense against a victim who was under the protection of a protective order directed at the offender, is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.
4. Upon presentation of credible evidence of violation of this section, a protective order may be granted restraining a person from engaging in the activity described in subsection (1).
5. For the purpose of determining the number of convictions under this section "conviction" means:
a. a conviction as defined in ? 2-1-113(9).
b. a conviction for violation of a statute of a state or tribe similar to this section.
6. Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.