5-44-3. Special Jurisdiction.

Criminal Jurisdiction Over Non-Indians in Domestic Violence, Dating Violence and Criminal Protection Order Violations

1. The Rosebud Sioux Tribe will exercise special domestic violence criminal jurisdiction over any non-Indian defendant who violates the Tribe’s domestic violence (5-44-4, 5-44-5) dating violence, (5-44-5, 5-44-6) and protection order violations (5-44-7) within the Tribe’s territorial jurisdiction provided that the protected person is an Indian and the non-Indian has any of the following ties to the Rosebud Sioux Tribe:
   1. Resides within the territorial jurisdiction of the Rosebud Sioux Tribe; or
   2. Is employed within the territorial jurisdiction of the Rosebud Sioux Tribe; or
   3. Is a spouse, intimate partner, or dating partner or:
      1. member of the Rosebud Sioux Tribe; or
      2. An Indian who resides within the territorial jurisdiction of the Rosebud Sioux Tribe.
2. And the following conditions must be met in order for the Rosebud Sioux Tribe to exercise special domestic and dating violence criminal jurisdiction over any non-Indian and any other person who violates a protection order:
   1. The violation occurred within the territorial jurisdiction of the Rosebud Sioux Tribe;
   2. The protection order was issued against the defendant;
   3. The protection order is enforceable by the Tribe;
   4. The protection order is consistent with 18 U.S.C. 2265(b);
   5. The defendant violated the portion of the protection order that prohibits or provides protection against: violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and
   6. The victim must be a person specifically protected by the protection order that the defendant allegedly violated.