§ 2-254. Illicit transmission of material harmful to minors to a minor by electronic device or equipment prohibited.
A. For purposes of this section:
1. “Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.
B. Notwithstanding Section 2-215, any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in this chapter, to a specific individual known by the defendant to be a minor 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. Notwithstanding Section 2-215, any person in any jurisdiction other than the Osage Nation who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in this chapter, to a specific individual known by the defendant to be a minor 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.
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.