§ 2-713. Stalking.
A. Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the criminal offense of stalking when the conduct:
1. Would cause a reasonable person or a member of the immediate family of that person, as defined in this chapter, to feel frightened, intimidated, threatened, harassed, or molested; and
2. Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
B. Any person convicted of committing the criminal offense of stalking shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a period of not more than one year, or by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or both.
C. Any person shall, upon conviction, be guilty of a crime punishable by imprisonment in the Tribal Jail for a term not exceeding three years, or by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00), or both, when the person:
1. Commits a second act of stalking within ten (10) years of the completion of sentence for a prior conviction of stalking; or
2. Has a prior conviction of stalking and, after being served with a protective order that prohibits contact with an individual, knowingly makes unconsented contact with the same individual.
D. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact, as defined in this chapter, with the victim after having been requested by the victim to discontinue the same or any other form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. ONCA 22-33, eff. Apr. 25, 2022.