37.02.020 Stalking

(a) The active stalking of a person and their family members 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 physical assault by the stalker is greatly increased. The goal of this section is to provide safety and protection to both victims and potential victims and to set standards of behavior within the family that are consistent with traditional Native values.

(b) Stalking Definitions:

(1) "CREDIBLE THREAT" means a verbal or written threat, a threat implied by a pattern of conduct or a combination of verbal/written statements and conduct made, either directly or through a third party, 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 that a credible threat exists is the victim's perception of a threat to his/her safety.

(2) "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:

(A) Vandalism;

(B) Annoying or threatening telephone calls;

(D) Actual Assaults;

(E) Sending unwanted letters or e-mails;

(F) Sending unwanted messages or threats through third parties;

(G) Showing up at a victim's home or workplace;

(H) Attempting to obtain private information about the victim through others;

(I) Leaving gifts for the victim;

(J) Disabling or otherwise tampering with the victim's vehicle;

(K) Taking mail from the victim's mailbox;

(L) Entering the victim's home or place of residence whether the victim is or is not there;

(M) Parking near or driving by the victim's residence or workplace for no legitimate reason; and

(N) The use of agencies or institutions that constitutes a pattern of conduct consistent with retaliation by initiating investigations, restrictions or sanctions against the victim.

(3) "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 similar emotional distress or fear.

(4) "FAMILY" or "HOUSEHOLD MEMBER" means any spouse, parent, child, stepparent, stepchild, grandparent, grandchild, relative with whom the victim has a familial relationship, relative who resides with the victim or any other relationship as defined under Section 37.01.030.

(c) Any person who, either directly or through a third party, willfully, maliciously and repeatedly follows, harasses or engages in a pattern of conduct which poses a credible threat to another and is likely to place that person in reasonable fear of his/her safety or the immediate safety of his/her family shall be guilty of stalking and may be punished as provided in this Turtle Mountain Domestic Violence Code.

(d) The present incarceration of the person making the threat shall not bar prosecution under this section.