A. As used in this section:
1. “Enabling child sexual exploitation” means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, which includes but is not limited to allowing, permitting, or encouraging a child to engage in prostitution, as defined by law, by a person responsible for the health, safety, or welfare of a child, or allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic, as defined by law, photographing, filming, or depicting of a child in those acts by a person responsible for the health, safety, and welfare of a child under eighteen (18) years of age by another.
2. “Permit” means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.
C. Any person convicted of committing the criminal offense of enabling child sexual exploitation shall be required to register as a sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification; and shall be punished by imprisonment in the Tribal Jail for not more than three years, by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not less than six months nor more than three years, or any combination of the above. ONCA 22-33, eff. Apr. 25, 2022.