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Covered Crimes ​

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The Violence Against Women Act (VAWA) 2022 builds on VAWA 2013’s Tribal jurisdiction provision (covering domestic violence, dating violence, and protection order violations) by incorporating additional categories of criminal conduct that can be prosecuted by Tribes against non-Indians including sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assault against Tribal justice personnel. Collectively these nine categories of conduct are referred to as “covered crimes”. As amended by VAWA 2022, 25 U.S.C. § 1304 allows Tribes that meet the statutory requirements to prosecute non-Indians for nine categories of conduct:

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These categories of conduct are all defined by federal law but defer to “the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs” for the specific charges (except for sex trafficking, which defers to the federal sex trafficking law). The statute also requires that the victim be Indian, except if the crime involved obstruction of justice or assault of Tribal justice personnel.

Covered Crimes Facilitated Discussion Series


This series was presented by the Tribal Law and Policy Institute (TLPI) in collaboration with the Alliance of Tribal Coalitions To End Violence (ATCEV) and the National Congress of American Indians (NCAI). Each facilitated discussion included an examination of the basics for each specific covered crime, definitions, limitations or special considerations, code revision considerations, resources available for the specific covered crime, victim rights and safety issues, additional programs or agencies that need to be involved in the planning discussions concerning specific covered crimes, training needs for specific programs or agencies, challenges, and helpful resources that could be developed.

Please note that no Office on Violence Against Women (OVW) funds were used to plan or host these facilitated discussions

Domestic Violence, Dating Violence and Protection Order Violations, Meeting 1 of 5

Domestic Violence, Dating Violence and Protection Order Violations, Meeting 1 of 5

Recorded on April 22, 2022 Presenters: Kelly Stoner, Kelly Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute | Steven Aycock, Consultant This Covered Crimes Facilitated Discussion Series is being presented by the Tribal Law and Policy Institute (TLPI) in collaboration with the Alliance of Tribal Coalitions To End Violence (ATCEV) and the National Congress of American Indians (NCAI). Please note that no OVW funds are being used to plan or host these facilitate discussions. Each facilitated discussion will include an examination of the basics for each specific covered crime, definitions, limitations or special considerations, code revision considerations, resources available for this specific covered crime, victim rights and safety issues, additional programs or agencies that need to be involved in the planning discussions concerning specific covered crimes, training needs for specific programs or agencies, challenges, and helpful resources that could be developed.
Child Violence and Other Issues, Meeting 4 of 5

Child Violence and Other Issues, Meeting 4 of 5

4th Facilitated Discussion: Child Violence and other issues including Habeas Corpus and Exhaustion of Tribal Court Remedies Recorded on July 15, 2022 Presenters: Kelly Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute | Steven Aycock, Consultant Panelists: Shannon Buchanan, Program Manager/Victim Advocate, The Muscogee Nation Family Violence Prevention Program Brent Leonhard, Attorney, Confederated Tribes of Umatilla Indian Reservation This Covered Crimes Facilitated Discussion Series is being presented by the Tribal Law and Policy Institute (TLPI) in collaboration with the Alliance of Tribal Coalitions To End Violence (ATCEV) and the National Congress of American Indians (NCAI). Each facilitated discussion will include an examination of the basics for each specific covered crime, definitions, limitations or special considerations, code revision considerations, resources available for this specific covered crime, victim rights and safety issues, additional programs or agencies that need to be involved in the planning discussions concerning specific covered crimes, training needs for specific programs or agencies, challenges, and helpful resources that could be developed. This project was supported by Grant No. 2019-IC-BX-K005 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justices, The Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.
Obstruction of Justice and Assaults against Tribal Justice Personnel, Meeting 2 of 5

Obstruction of Justice and Assaults against Tribal Justice Personnel, Meeting 2 of 5

Recorded on May 20, 2022 Presenters: Kelly Stoner, Kelly Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute | Steven Aycock, Consultant; Megan James, Tribal Prosecutor, Tulalip Tribes; Michelle Rivard Parks, Associate Director, Tribal Judicial Institute, University of North Dakota; Dawn Stover, Executive Director, Alliance of Tribal Coalitions to End Violence. This Covered Crimes Facilitated Discussion Series is being presented by the Tribal Law and Policy Institute (TLPI) in collaboration with the Alliance of Tribal Coalitions To End Violence (ATCEV) and the National Congress of American Indians (NCAI). Each facilitated discussion will include an examination of the basics for each specific covered crime, definitions, limitations or special considerations, code revision considerations, resources available for this specific covered crime, victim rights and safety issues, additional programs or agencies that need to be involved in the planning discussions concerning specific covered crimes, training needs for specific programs or agencies, challenges, and helpful resources that could be developed. This project was supported by Grant No. 2019-IC-BX-K005 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justices, The Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.
Sexual Violence and Stalking, Meeting 3 of 5

Sexual Violence and Stalking, Meeting 3 of 5

Recorded on June 17, 2022 Presenters: Kelly Stoner, Kelly Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute | Steven Aycock, Consultant Panelists: • Malena Acosta, Chief Prosecutor, Pascua Yaqui Prosecutor’s Office • Nicole Mathews, Executive Director, Minnesota Indian Women’s Sexual Assault Coalition • Tribal Judge, Invited - TBD This Covered Crimes Facilitated Discussion Series is being presented by the Tribal Law and Policy Institute (TLPI) in collaboration with the Alliance of Tribal Coalitions To End Violence (ATCEV) and the National Congress of American Indians (NCAI). Each facilitated discussion will include an examination of the basics for each specific covered crime, definitions, limitations or special considerations, code revision considerations, resources available for this specific covered crime, victim rights and safety issues, additional programs or agencies that need to be involved in the planning discussions concerning specific covered crimes, training needs for specific programs or agencies, challenges, and helpful resources that could be developed. This project was supported by Grant No. 2019-IC-BX-K005 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justices, The Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.
Alaska Provisions and Sex Trafficking, Meeting 5 of 5

Alaska Provisions and Sex Trafficking, Meeting 5 of 5

5th Facilitated Discussion: Alaska Provisions and Sex Trafficking Recorded on August 19, 2022 Time Stamp Introduction - 0:58 Overview of Violence Against Women Act (VAWA) 2013 and VAWA 2022 – 2:39 Alaska Provisions – 8:28 Sex Trafficking – 40:30 Resources – 1:40:02 Presenters: Kelly Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute | Steven Aycock, Consultant Panelists: Michelle Demmert, Law and Policy Director, Alaska Native Women’s Resource Center Rick Garcia, Law and Policy Court and Advocate Specialist, Alaska Native Women’s Resource Center Debra O’Gara, Law and Policy Specialist, Alaska Native Women’s Resource Center Leslie Hagen, National Indian Country Coordinator, Assistant Chief Learning Advisor, U.S. Department of Justice Betsy Hutson, Trial Attorney, Human Trafficking Prosecution Unit, Civil Rights Division, U.S. Department of Justice This Covered Crimes Facilitated Discussion Series is being presented by the Tribal Law and Policy Institute (TLPI) in collaboration with the Alliance of Tribal Coalitions To End Violence (ATCEV) and the National Congress of American Indians (NCAI). Each facilitated discussion will include an examination of the basics for each specific covered crime, definitions, limitations or special considerations, code revision considerations, resources available for this specific covered crime, victim rights and safety issues, additional programs or agencies that need to be involved in the planning discussions concerning specific covered crimes, training needs for specific programs or agencies, challenges, and helpful resources that could be developed. This project was supported by Grant No. 2019-IC-BX-K005 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justices, The Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.
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