[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 4-21-2011 by Ord. No. 11-09. Amendments noted where applicable.]
The Menominee Indian Tribe of Wisconsin understands that stalking
is a serious problem which involves severe intrusions on the victim's
personal privacy, spiritual well-being and autonomy. It is a crime
that creates risks to the security and safety of the victim and others,
even in the absence of express threats of physical harm. Stalking
conduct often becomes increasingly violent over time. The Menominee
Indian Tribe of Wisconsin recognizes the dangerous nature of stalking
tendencies. The purpose of enacting this chapter is to encourage effective
intervention by law enforcement and prevention and/or the need for
other services before the stalking escalates into behavior that has
serious or lethal consequences.
This chapter shall be entitled "Stalking."
For the purpose of this chapter, the following terms shall have
the following meanings:
Two or more acts, including, but not limited to, acts in
which the stalker directly, indirectly, or through a third party,
by any action, means, devices or method, follows, monitors, observes,
surveils, harasses, threatens, intimidates or communicates to or about
a person, or interferes with a person's property.
Significant mental suffering or distress that may, but does
not necessarily, require medical, spiritual or other professional
treatment or counseling.
A person's spouse and biological (or, if applicable,
legally adopted) father, mother, brother, sister, child, grandparent,
grandchild, legal father-in-law, legal mother-in-law, sister-in-law,
brother-in-law, son-in-law, daughter-in-law, legal stepfather, stepmother,
stepchildren, stepbrother, and stepsister.
A reasonable person in the victim's circumstances.
A person is guilty of the crime of stalking if:
A.
The person purposefully engages in a course of conduct (as defined
above) directed towards another person; and
B.
Knows or should know that the course of conduct would cause a reasonable
person to fear for his/her safety, or the safety of that person's
immediate family, or suffer other emotional distress.
A person who commits the crime of stalking, upon conviction,
shall be sentenced to jail for a period not to exceed one year and
a fine not to exceed $5,000. If a victim seeks a restraining order
against the accused person based on stalking, the accused person shall
be responsible for the cost of the restraining order, upon conviction,
as a form of restitution to the victim.
A.
It is a defense to an offense under this chapter if the accused person
had a lawful purpose for the acts.
