A. Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the criminal offense of aggravated stalking.

B. Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, or an injunction for protection against domestic violence, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the criminal offense of aggravated stalking.

C. Any person who is on probation, parole, or under the conditions of a community or alternative punishment, and a condition of which prohibits unconsented contact with a specific individual, and the person violates said prohibition, shall be guilty of committing the criminal offense of aggravated stalking.

D. Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor commits the criminal offense of aggravated stalking.

E. A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

F. The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to ten (10) years, as determined by the court. It is the intent of the Congress that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim. The court may issue said order even if the defendant is sentenced to imprisonment in the Tribal Jail or even if the imposition of the sentence is suspended and the defendant is placed on probation.

G. Any person who commits an act of aggravated stalking 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 Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not less than five years nor more than life, or any combination of the above.

H. 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.