Title
AN ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED, ESTABLISHING THE ANTI-HARRASSMENT ACT OF
2021, AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act amends Title 12 of the Cherokee Nation Code Annotated and shall be codified at Title 12, Chapter 10 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to expand the civil procedure code to protect against serious personal harassment through repeated invasions of a person's privacy within the Cherokee Nation.
Section 3. Legislative History
LA-33-05
Section 4. Amendments
Title 12 shall be amended as follows:
CHAPTER 10
HARASSMENT
? 1501. Short Title
This act shall be known and may be cited as the "Anti-Harassment Act of 2021".
? 1502. Definitions
1. "Course of conduct" means a pattern of conduct composed of a series of acts over time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication, but does not include constitutionally protected free speech. Constitutionally protected activity is not included within the meaning of "course of conduct."
2. "Unlawful harassment" includes unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
3. "Credible threat of violence" is a knowing and willful statement or course of conduct that would place a reasonable person in fear...
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