Sisseton - Wahpeton Sioux Tribe
§65-01-01. Policy and Intent.
It shall be and is hereby established as the policy and intent of the Sisseton-Wahpeton Sioux Tribe to prohibit Harassment and Stalking, without regard to whether the persons involved are family members, were or are married, cohabiting, or involved in a relationship. To provide protection for those who have suffered threats of harm and to impose legal intervention and penalty to violators of this law.
§65-02-01. Definitions of Terms.
For the purposes of this section, the following terms have the meanings given them in this Chapter:
65-02-02 Credible Threat - a threat made with the intent and the apparent ability to carry out the threat, a credible threat need not be express verbally.
65-02-03 Course of Conduct - a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
65-02-04 Court - means the Sisseton-Wahpeton Sioux Tribal Court.
65-02-05 Dwelling - means the building or part of a building used by an individual as a place of residence on either a full-time or a part-time basis. A dwelling may be part of a multi-dwelling or a multipurpose building, or a manufactured home.
65-02-06 - Family or Household Member - means spouses, persons living with spouses, persons related by blood or marriage, and other persons residing jointly in the same dwelling unit who are eighteen (18) years of age or older, or who are emancipated.
65-02-07 - Harasses or Harassment
1. a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses or who makes a credible threat to another person and which serves no legitimate purpose.
2. would cause a reasonable person under the circumstances to feel oppressed, persecuted, or intimidated; and,
3. causes this reaction on the part of the victim;
4. repeated, intrusive, or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;
5. target residential picketing; and
6. a pattern of attending public events after being notified that the actor's presence at the event is harassing to another.
65-02-09 Officer - means the Sisseton-Wahpeton Sioux Tribal Police.
65-02-10 Petitioner/Victim - means persons alleging harassment and/or stalking in a Protection order petition/or throughout the proceedings described in this Code.
65-02-11 Premises - means real property and any appurtenant building or structure.
65-02-12 Respondent/Abuser - means any individual alleged to have engaged in harassment and/or stalking or organization alleged to have sponsored or promoted harassment and/or stalking in a Protection Order petition and/or throughout subsequent Court proceedings.
65-02-13 Stalking - any person who willfully, maliciously, and repeatedly follows or; harasses another person or who makes a credible threat to another person with the; intent to place that person in reasonable fear of death or great bodily injury is guilty of a the crime of stalking.
65-02-14 Targeted Residential Picketing - includes the following acts when committed on more than one occasion. Marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.
§65-11-01. Harassment and/or Stalking Crimes.
A person who repeatedly harasses and stalks another by committing any of the following acts is guilty of a misdemeanor determined by the court:
1. directly or indirectly manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;
2. stalks, follows, or purposes another;
3. returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;
4. repeatedly makes telephone calls, or includes a victim to make telephone calls to the actor, whether or not conversation ensues;
5. makes or causes the telephone of another repeatedly or continuously to ring;
6. repeatedly uses the mail or delivers or causes the delivery of letters, telegrams, packages, or other objects; or
7. ensues in an other harassing interferes with another person or person's privacy or liberty.
65-11-02. The conduct described in clauses 4. and 5. may be prosecuted either at the place where the call is made or where it is received. The conduct described in clause 7. may be prosecuted either where the mail is deposited to where it is received.
A person who engages in a pattern of harassing and/or stalking conduct with respect to a single household in a manner that would cause a reasonable person under the circumstances to feel terrorized or to fear bodily harm ' and that does cause this reaction on the part of the victim, is guilty of a misdemeanor and may be sentenced to incarceration or payment of a fine.
65-12-02. For purposes of this Section a "pattern of harassing and/or stalking conduct" means to two or more acts within the five (5) year period.
§65-14-02. Notice of Decision Not to Prosecute.
A prosecutor shall make every reasonable effort to notify a victim of harassment and/or stalking that the prosecutor has decided to decline prosecution of the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim should include, in order of priority:
1. contacting the victim or a person designated by the victim by telephone; and,
2. contacting the victim by mail.
65-14-03 - If a suspect is still in custody, the notification attempt shall be made before the suspect is released from custody.
65-14-04 - Whenever a prosecutor dismisses criminal charges against a person accused of harassment and/or stalking, a record shall be made of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
65-14-05. Whenever a prosecutor notifies a victim of harassment, or stalking under this Section, the prosecutor shall also inform the victim of the method and benefits of seeking an Ex Parte temporary order for protection or a restraining order.
Any person who willfully, maliciously, and repeatedly follows or harasses another person or who makes a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury is guilty of the crime of Stalking.
A violation of Section 26-53-01 shall be deemed a special Class Misdemeanor and shall be sentenced as follows:
1st Offense: Class E Misdemeanor
2nd Offense: Class C Misdemeanor
3rd Offense: Class B Misdemeanor
4th Offense: Class One (1) Misdemeanor (or more)