§ 2-211. Sexual battery.
A. As used in this section:
1. “Sexual battery” shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner:
a. Without the consent of that person; or
b. When committed by a Tribal, state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the Tribe, state, a county, a municipality or political subdivision of the Osage Nation upon a person who is under the legal custody, supervision or authority of a Tribal, state agency, a county, a municipality or a political subdivision of the Osage Nation; or
c. When committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of the same school system that the victim attends.
2. “Employee of the same school system” means a teacher, principal or other duly appointed person employed by a school system or an employee of a firm contracting with a school system who exercises authority over the victim.
B. Any person who commits sexual battery, as defined herein, shall be guilty of committing the criminal offense of sexual battery.
C. Any person convicted of committing the criminal offense of sexual battery 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 exceeding three years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment, or by banishment for a period not less than five years nor more than life, or any combination of the above.
D. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section. ONCA 22-33, eff. Apr. 25, 2022.