Sec. 2. Tribal jurisdiction over crimes of domestic, dating, or sexual violence, sex trafficking, or stalking
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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— in the section heading, by striking and inserting domestic violence ; domestic, dating, or sexual violence, sex trafficking, or stalking in subsection (a)— in paragraph (1), by striking means violence and inserting includes any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is ; in paragraph (2)— by striking means violence and inserting includes any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is ; and by striking an Indian tribe that has jurisdiction over the Indian country where the violence occurs and inserting that Indian tribe ; in paragraph (4), by striking domestic violence and inserting tribal ; by redesignating paragraphs
(6)and
(7)as paragraphs
(9)and (10), respectively; by inserting after paragraph
(5)the following: The term related conduct means conduct alleged to have been committed by a defendant that— is a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the underlying offense occurred; and occurs in connection with the exercise of special tribal criminal jurisdiction by that Indian tribe. 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. ; in paragraph
(9)(as redesignated by subparagraph (D))— in the paragraph heading, by striking and inserting domestic violence ; and tribal by striking domestic violence and inserting tribal ; and 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. ; in subsection (b)— by striking domestic violence each place the term appears and inserting tribal ; and in paragraph (4)— by striking subparagraph (B); by striking the paragraph designation and heading and all that follows through A participating in clause
(i)of subparagraph
(A)and inserting the following: A participating ; and by striking “(ii) Definition of victim .—In this subparagraph” and inserting the following: In this paragraph ; 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 violence and dating ; and , dating, and sexual by striking or dating violence and inserting , dating violence, or sexual violence ; and by adding at the end the following: An act of stalking that occurs in the Indian country of the participating tribe. An act of sex trafficking that occurs in the Indian country of the participating tribe. An act of related conduct that occurs in the Indian country of the participating tribe. ; in subsection (d), by striking domestic violence each place the term appears and inserting tribal ; and in subsection (f)— by striking special domestic violence each place the term 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 crime of sexual violence; a criminal violation of a protection order; a crime of stalking; a crime of sex trafficking; or a crime of related conduct; ; and in paragraph (4), by inserting sexual violence, stalking, sex trafficking, after dating violence, .
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- Pub. L. 90-284
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Sec. 2
Tribal jurisdiction over crimes of domestic, dating, or sexual violence, sex trafficking, or stalking
Pub. L.Pub. L. 90-284
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