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A. As used in this section, “child abuse” means the willful or malicious abuse which is defined as harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child’s health, safety, or welfare, including but not limited to nonaccidental physical or mental injury, sexual abuse, or sexual exploitation of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another; provided, however, that nothing contained in this chapter shall prohibit any parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling.

B. Any parent or other person who willfully or maliciously engages in child abuse commits the criminal offense of child abuse.

C. Any person convicted of committing the criminal offense of child abuse shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a term not exceeding three years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both such imprisonment and fine. ONCA 22-33, eff. Apr. 25, 2022.