§ 2-222. Failure to report sexual battery.
A. It shall be unlawful for a person who observes the commission of the crime of sexual battery to not report said sexual battery to law enforcement when the person:
1. Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
2. Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
3. Fails to seek such assistance;
4. Would not be exposed to any threat of physical violence for seeking such assistance;
5. Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and
6. Is not the victim of such sexual battery.
B. Any person that fails to report sexual battery, under the conditions listed herein, is guilty of committing the criminal offense of failure to report sexual battery.
C. Any person convicted of committing the criminal offense of failure to report sexual battery is 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. ONCA 22-33, eff. Apr. 25, 2022.