§ 2-251. Nonconsensual dissemination of private sexual images.
A. Nonconsensual dissemination of private sexual images occurs when a person:
1. Intentionally disseminates an image of another person:
a. Who is at least eighteen (18) years of age;
b. Who is identifiable from the image itself or information displayed in connection with the image; and
c. Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
2. Disseminates the image with the intent to harass, intimidate or coerce the person, or under circumstances in which a reasonable person would know or understand that dissemination of the image would harass, intimidate or coerce the person;
3. Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
4. Knows or a reasonable person should have known that the person in the image has not consented to the dissemination.
B. The provisions of this section shall not apply to the intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when:
1. The dissemination is made for the purpose of a criminal investigation that is otherwise lawful;
2. The dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;
3. The images involve voluntary exposure in public or commercial settings; or
4. The dissemination serves a lawful purpose.
C. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
1. An interactive computer service, as defined in 47 U.S.C. § 230(f)(2);
2. A wireless service provider, as defined in Section 332(d) of the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Public Law No. 103-66; or
3. A telecommunications network or broadband provider.
D. Any person convicted of committing the criminal offense of nonconsensual dissemination of private sexual images shall be guilty of a crime punishable by imprisonment in the Tribal Jail for not more than one year, or by a fine of not more than One Thousand Dollars ($1,000.00), or both.
E. The Tribal Court shall have the authority to order the defendant to remove the disseminated image(s) or material(s) should the court find it is in the power of the defendant to do so. ONCA 22-33, eff. Apr. 25, 2022.