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A. Illicit surveillance or illicit use of surveillance equipment occurs when a person:

1. Hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom, or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner;

2. Uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act; or

3. Uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public, regardless of whether the person is in a public or private place.

B. Any person who commits illicit surveillance or illicit use of surveillance equipment, as defined herein, commits the criminal offense of illicit surveillance or illicit use of surveillance equipment.

C. Any person convicted of committing the criminal offense of illicit surveillance or illicit use of surveillance equipment shall be required to register as a Tier 1 sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification; and shall be guilty of a crime punishable by a term of imprisonment in 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 less than five (5) years nor more than life, or any combination of the above. ONCA 22-33, eff. Apr. 25, 2022.