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A. Unlawful exposure of sexual organs occurs when an individual:

1. Exposes or exhibits his or her sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner; or

2. Appears naked in public in a vulgar or indecent manner.

B. Any person who commits unlawful exposure of sexual organs, as defined herein, shall be guilty of committing the criminal offense of unlawful exposure of sexual organs.

C. Except as provided in subsections (D) and (E) of this section, any person convicted of committing the criminal offense of unlawful exposure of sexual organs shall be guilty of a crime punishable by imprisonment in the Tribal Jail not to exceed one year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by banishment for a period not more than three years, or any combination of the above.

D. A second or subsequent violation of this section is a 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 three years nor more than life, or any combination of the above.

E. The exposure of sexual organs by any of the following does not violate this section:

1. A mother breastfeeding her baby; or

2. An individual who is merely naked at any place provided or set apart for that purpose. ONCA 22-33, eff. Apr. 25, 2022.