Sec. 906. Tribal jurisdiction over crimes of domestic violence, sexual violence, sex trafficking, stalking, child violence, and violence against law enforcement officers
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Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— by striking special tribal domestic violence criminal jurisdiction each place such term appears and inserting special tribal criminal jurisdiction ; in subsection (a)— by adding at the end the following: The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person— to fear for his or her safety or the safety of others; or to suffer substantial emotional distress. ; by redesignating paragraphs
(6)and
(7)as paragraphs
(14)and (15); by inserting before paragraph
(14)(as redesignated) the following: The term related conduct means a violation of the criminal law of an Indian tribe that is committed— against a covered individual; by a person— who is subject to special tribal criminal jurisdiction; and has committed criminal conduct that falls into one or more of the categories described in paragraphs
(1)and
(2)of subsection (c); and in the course of resisting or interfering with the prevention, detection, investigation, arrest, pretrial detention, prosecution, adjudication, or sentencing, including the probation, parole, incarceration, or rehabilitation, of that person relating to that criminal conduct. The term sex trafficking means conduct— consisting of— recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in subclause (I); and carried out with the knowledge, or, except where the act constituting the violation of clause
(i)is advertising, in reckless disregard of the fact, that— means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. In this paragraph, the terms coercion and commercial sex act have the meanings given the terms in section 1591(e) of title 18, United States Code. The term sexual violence means any nonconsensual sexual act or contact proscribed by Federal, tribal, or State law, including in any case in which the victim lacks the capacity to consent to the act. ; by redesignating paragraphs
(1)through
(5)as paragraphs
(6)through (10); in paragraph
(6)(as redesignated), by striking violence and inserting covered conduct ; in paragraph
(7)(as redesignated), by striking violence each place such term appears and inserting covered conduct ; and by inserting before paragraph
(6)(as redesignated), the following: The term caregiver means— the parent, guardian, or legal custodian of the child; the spouse or intimate partner of a parent, guardian, or legal custodian of the child; any relative of the child, including a parent, grandparent, great-grandparent, step-parent, brother, sister, stepbrother, stepsister, half-brother, or half-sister; a person who resides or has resided regularly or intermittently in the same dwelling as the child; a person who provides or has provided care for the child in or out of the home of the child; any person who exercises or has exercised temporary or permanent control over the child; or any person who temporarily or permanently supervises or has supervised the child. The term child means a person who has not attained the lesser of— the age of 18; or except in the case of sexual abuse, the age specified by the child protection law of the participating tribe that has jurisdiction over the Indian country where the child resides. The term child violence means covered conduct committed against a child by a caregiver of the child. The term covered conduct means conduct that— involves the use, attempted use, or threatened use of force against the person or property of another; and violates the criminal law of the Indian tribe that has jurisdiction over the Indian country where the conduct occurs. The term covered individual means an officer or employee of an Indian tribe, or an individual authorized to act for or on behalf of an Indian tribe or serving an Indian tribe— who is— authorized under law to engage in or supervise the prevention, detection, investigation, arrest, pretrial detention, prosecution, or adjudication of an offense or the sentencing, including the probation, parole, incarceration, or rehabilitation, of an individual; or serves as a probation or pretrial services officer; and who is carrying out an activity described in paragraph (11)(C). ; in subsection (b)(4), by striking subparagraph (B); in subsection (c)— in the matter preceding paragraph (1), by striking domestic violence and inserting tribal ; in paragraph (1)— in the paragraph heading, by striking and inserting and dating violence ; and , dating violence, sexual violence, stalking, trafficking, and child violence by striking or dating violence and inserting , dating violence, sexual violence, stalking, trafficking, or child violence ; and by adding at the end the following: An act of related conduct that occurs in the Indian country of the participating tribe. ; in subsection (d), by striking domestic violence each place it appears and inserting tribal ; in subsection (f)— by striking special domestic violence each place it appears and inserting special tribal ; in paragraph (2), by striking prosecutes and all that follows through the semicolon at the end and inserting the following: prosecutes— a crime of domestic violence; a crime of dating violence; a criminal violation of a protection order; a crime of sexual violence; a crime of stalking; a crime of trafficking; or a crime of related conduct; ; and in paragraph (4), by inserting child violence, sexual violence, stalking, trafficking, related conduct after dating violence ; and in subsection (h), by striking fiscal years 2014 through 2018 and inserting fiscal years 2019 through 2023 .
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- Pub. L. 90-284
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Sec. 906
Tribal jurisdiction over crimes of domestic violence, sexual violence, sex trafficking, stalking, child violence, and violence against law enforcement officers
Pub. L.Pub. L. 90-284
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