§ 2-212. Lewd or lascivious conduct committed upon or in the presence of persons less than sixteen (16) years of age.
A. Lewd or lascivious conduct committed upon or in the presence of persons less than sixteen (16) years of age occurs when any person knowingly and intentionally:
1. Makes any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person; or
2. Looks upon, touches, mauls, or feels the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law; or
3. Asks, invites, entices, or persuades any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child; or
4. In any manner lewdly or lasciviously looks upon, touches, mauls, or feels the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or
5. In a lewd and lascivious manner and for the purpose of sexual gratification:
a. Urinates or defecates upon a child under sixteen (16) years of age;
b. Ejaculates upon or in the presence of a child;
c. Causes, exposes, forces or requires a child to look upon the body or private parts of another person;
d. Forces or requires any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child pornography or materials deemed harmful to minors as such terms are defined by this chapter;
e. Causes, exposes, forces or requires a child to look upon sexual acts performed in the presence of the child; or
f. Forces or requires a child to touch or feel the body or private parts of said child or another person.
B. Any person convicted of committing the criminal offense of lewd or lascivious conduct committed upon or in the presence of persons less than sixteen (16) years of age shall be required to register as a Tier 2 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, by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), 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.