• 5-44-1. Purpose.
• 5-44-2. Definitions.
• 5-44-3. Special Jurisdiction.
• 5-44-4. Domestic Violence.
• 5-44-5. Aggravated Domestic or Dating Violence.
• 5-44-6. Dating Violence.
• 5-44-7. Protection Order Violation.
• 5-44-8. Mandatory Arrest.
• 5-44-9. Mandatory Hold Upon Arrest.
• 5-44-10. Filing of Complaint.
• 5-44-11. Liability of Law Enforcement Officers.
• 5-44-12. Notice of Rights.
• 5-44-13. Written Report.
• 5-44-14. Penalties.
• 5-44-15. Reporting Statistics.
• 5-44-16. Severability.

5-44-2. Definitions.

Terms used in Title 5, Crimes, unless a different meaning is clearly indicted by context, are defined as follows:

“Bodily injury” shall mean physical pain, illness, or any impairment of physical condition.

“Causes apprehension of bodily injury” shall mean any physical act which is intended to cause another person reasonably to fear imminent bodily injury.

“Dangerous weapon” shall mean any weapon, firearm, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily used for, or designed for or through its use, is capable of threatening or producing death or bodily injury, including but not limited to knives, clubs, metal knuckles, nunchaku, throwing stars, explosives, Taser guns.

“Dating violence” shall mean violence committed by a person who is or who has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

“Domestic violence” means violence committed by:

1. A current or former spouse or intimate partner of the victim;
2. A person with whom the victim shares a child in common;
3. The victim or the defendant is pregnant by the other;
4. A person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or
5. A person similarly situated to a spouse under the Rosebud Sioux Tribe Law and Order Code, Title 4, Chapter 2.

“Family member” means related by blood, legal proceeding, or traditional kinship as set out in the Title 2, Chapter 2 and Chapter 4, as a parent, child, grandchild, grandparent, brother, sister or by marriage as parent-in-law, step-parent, stepchild, step-grandchild, brother-in-law, sister-in-law, persons who have had a child together, are residing in the same household, have residing in the same household as the defendant.

“Family violence” means the same or similar acts committed in domestic violence, when such acts are direct towards family or household member.

“Intimate partner” means:

1. A current or former spouse, a person with whom the defendant shares a child in common, the victim or the defendant is pregnant by the other, a person who is cohabitating with or who has cohabited with the defendant as a spouse or intimate partner, including same-sex relationships or by a person similarly situated to a spouse under Rosebud Sioux Tribe Law and Order Code, Title 4, Chapter 2; or,
2. A person who is or who has been in a social relationship of a romantic or intimate nature with the defendant, including same-sex relationships as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

“Knowingly” means that the defendant was conscious and aware of the defendant’s actions/omissions, realized what the defendant was doing or what was happening around the defendant, and did not act through ignorance, mistake, or accident.

“Protection order” means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendente lite order in another order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of person seeking protection.

“Purposeful or purposely” means a person acts with intent with respect to the nature of the defendant’s conduct or a result thereof if it is the defendant’s conscious object to engage in conduct of that nature or to cause such a result.

“Recklessly” means a conscious disregard as to a substantial and unjustifiable risk that could result from the defendant’s conduct. The risk must be of such a nature and degree that considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, its disregard involves a gross deviation from the standard of conduct that a law abiding person would observe in the defendant’s situation.

“Strangulation” means impeding the normal breathing or circulation of blood of another person by applying pressure on the throat or neck.

“Suffocation” means to block or impair a person’s intake of air at the nose and mouth, whether by smothering or other means, with the intent to obstruct the person’s ability to breathe.

“Traumatic brain injury” (TBI) means a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.

“Unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

“Wakanyeja” Lakota word for child, means a person under the age of eighteen (18) years of age.