§ 2-253. Illicit transmission of pornography by electronic device or equipment.
A. Notwithstanding Section 2-215, any person who knew or reasonably should have known that he or she was transmitting child pornography, as defined in this chapter, to another person within the exterior boundaries of the Osage Nation Reservation or in another jurisdiction commits a crime punishable by imprisonment in the Tribal Jail for not more than eighteen (18) months, by a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00), or by banishment for a period not more than three years, or any combination of the foregoing punishments; and the offender shall be required to register as a sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification, Tier 1 offense.
B. Notwithstanding Section 2-215, any person in any jurisdiction other than the Osage Nation who knew or reasonably should have known that he or she was transmitting child pornography, as defined in this chapter, to any person within the exterior boundaries of the Osage Nation Reservation commits a crime punishable by imprisonment in the Tribal Jail for not more than eighteen (18) months, by a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00), or by banishment for a period not more than three years, or any combination of the foregoing punishments; and the offender shall be required to register as a sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification, Tier 1 offense.
C. This section shall not be construed to prohibit prosecution of a person by the Osage Nation or another jurisdiction for a violation of any law of this Nation, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in this chapter, to any person within the exterior boundaries of the Osage Nation Reservation.
D. A person is subject to prosecution by the Osage Nation for any act or conduct proscribed by this section, including a person in a jurisdiction other than this Nation, if the act or conduct violates this section. ONCA 22-33, eff. Apr. 25, 2022.