A. Any person who violates the provisions of Section 2-251, and who gains or attempts to gain financially or who gains or attempts to gain anything of value as a result of the nonconsensual dissemination of private sexual images, shall be guilty of a nonconsensual dissemination of private sexual images for profit or gain.

B. Any person convicted of committing the criminal offense of nonconsensual dissemination of private sexual images for profit or gain shall be guilty of a crime punishable by imprisonment in the Tribal Jail for not more than two years, by a fine of not more than Ten Thousand Dollars ($10,000.00), or by banishment for a period not more than five years, or any combination of the foregoing punishments.

C. A second or subsequent violation of this section shall be a crime punishable by imprisonment in the Tribal Jail for not more than three years, by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not more than ten (10) years, or any combination of the foregoing punishments; and the offender shall be required to register as a Tier 1 sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification.

D. 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.