§ 2-255. Sexting – Prohibited acts – Penalties.
A. As used in this section, the term “found to have committed” means a determination of guilt that is the result of a plea or trial, or a finding of delinquency that is the result of a plea or an adjudicatory hearing, regardless of whether adjudication is withheld.
B. A minor commits the offense of sexting if he or she knowingly:
1. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity and is harmful to minors.
2. Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors. A minor does not violate this subsection if all of the following apply:
a. The minor did not solicit the photograph or video;
b. The minor took reasonable steps to report the photograph or video to the minor’s legal guardian or to a school or law enforcement official; and
c. The minor did not transmit or distribute the photograph or video to a third party.
C. The transmission or distribution of multiple photographs or videos prohibited by subsection (B)(1) of this section is a single offense if the photographs or videos were transmitted or distributed within the same twenty-four (24) hour period.
D. The possession of multiple photographs or videos that were transmitted or distributed by a minor prohibited by subsection (B)(2) of this section is a single offense if the photographs or videos were transmitted or distributed by a minor in the same twenty-four (24) hour period.
E. A minor who violates subsection (B) of this section commits a noncriminal violation for a first violation. The minor must sign and accept a citation indicating a promise to appear before the Tribal Court. In lieu of appearing in Court, the minor may complete eight hours of community service work, pay a Sixty Dollar ($60.00) civil penalty, or participate in a cyber safety program if such a program is locally available. The minor must satisfy any penalty within thirty (30) days after receipt of the citation.
1. A citation issued to a minor under this subsection must be in a form prescribed by the issuing law enforcement agency, must be signed by the minor, and must contain all of the following:
a. The date and time of issuance;
b. The name and address of the minor to whom the citation is issued;
c. A thumbprint of the minor to whom the citation is issued;
d. Identification of the noncriminal violation and the time it was committed;
e. The facts constituting reasonable cause;
f. The specific section of law violated;
g. The name and authority of the citing officer; and
h. The procedures that the minor must follow to contest the citation, perform the required community service, pay the civil penalty, or participate in a cyber safety program.
2. If the citation is contested and the court determines that the minor committed a noncriminal violation under this section, the court may order the minor to perform sixteen (16) hours of community service, pay a One Hundred Dollar ($100.00) civil penalty, or participate in a cyber safety program, or any combination thereof.
3. A minor who fails to comply with the citation waives his or her right to contest it, and the court may impose any of the penalties identified in subsection (E)(2) of this section or issue an order to show cause. Upon a finding of contempt, the court may impose additional age-appropriate penalties, which may include issuance of an order to a State Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend, the driver’s license or driving privilege of the minor for thirty (30) consecutive days. However, the court may not impose incarceration.
F. Any minor who commits a subsequent violation of this section that occurs after the minor has been found to have committed a noncriminal violation for sexting or has satisfied the penalty imposed in lieu of a court appearance shall be guilty of a delinquent act punishable by imprisonment in the Tribal Jail for not more than three months or by a fine of not more than Five Hundred Dollars ($500.00), or both such fine and imprisonment.
G. Any minor who commits a third violation of this section that occurs after the minor has been previously found to have committed a delinquent act for sexting shall be guilty of a delinquent act punishable by imprisonment in the Tribal Jail for not more than six months or by a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment.
H. This section does not prohibit the prosecution of a minor for a violation of any law of the Osage Nation if the photograph or video that depicts nudity also includes the depiction of sexual conduct or sexual excitement, and does not prohibit the prosecution of a minor for stalking under this Code. In the prosecution of a minor for a violation of this section, the court shall consider the age of the minor in violation of this section and the age of the minor(s) depicted in the photo(s) or video(s). ONCA 22-33, eff. Apr. 25, 2022.