§ 2-203. Rape by instrumentation.
A. “Rape by instrumentation” means an act in which any inanimate object or any part of the human body, not amounting to sexual intercourse, is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. Provided, further, consent shall not be an element of the crime if at least one of the circumstances specified has been met; further, where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, middle school or high school, or public vocational school, and engages in conduct prohibited by this section with a person who is eighteen (18) years of age or older and is an employee of the same school system, or where the victim is under the legal custody or supervision of a Tribal, state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section with a Tribal, federal, state, county, municipal or political subdivision employee or an employee of a contractor of the Tribe, state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim.
B. Any person convicted of committing the criminal offense of rape by instrumentation 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 three years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), 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.