§ 2-202. Rape in the second degree.
A. As used herein, “person responsible for the child’s health, safety, or welfare” shall include, but not be limited to:
1. A parent;
2. A custodian;
3. A person eighteen (18) years of age or older with whom the child’s parent cohabitates;
4. Any other adult residing in the home of the child;
5. An agent or employee of a public or private residential home, institution, facility or day treatment program; or
6. An owner, operator or employee of a child care facility.
B. Rape in the second degree occurs when:
1. Sexual intercourse occurs and the victim is at least sixteen (16) years of age but less than eighteen (18) years of age, and the perpetrator of the crime is a person responsible for the child’s health, safety or welfare; or
2. Sexual intercourse occurs and the victim is the spouse or partner of the perpetrator and force or violence is used or threatened, accompanied by the apparent ability to commit said force or violence to the victim or to another person, and the crime does not otherwise constitute rape in the first degree.
C. Any person convicted of committing the criminal offense of rape in the second degree shall be required to register as a Tier 3 sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification; and shall be guilty of a crime punishable by imprisonment in the Tribal Jail not to exceed two years, or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by banishment for a period not less than five years nor more than life, or any combination of the above. ONCA 22-33, eff. Apr. 25, 2022.