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A. As used in this section, “sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

B. Lewd or lascivious conduct committed upon or in the presence of an elderly person or disabled person occurs when any person knowingly and intentionally:

1. Encourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent; or

2. Touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent; or

3. When the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent to having one of the following acts committed in his or her presence and the person commits one of the following acts:

a. Intentionally masturbates;

b. Intentionally exposes his or her genitals in a lewd or lascivious manner; or

c. Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual contact with the elderly person or disabled person, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity.

C. Any person convicted of committing the criminal offense of lewd or lascivious conduct committed upon or in the presence of an elderly person or disabled person 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.