A. Any person who shall be deemed to have misapplied child support funds when such funds are spent for any purpose other than for necessary and proper home, food, clothing, and the necessities of life, which expenditure results in depriving the child of the above named necessities, commits the criminal offense of misuse of child support money.

B. All public welfare agencies shall give notice of the provisions of this section at least once to each payee of any public grant made for the benefit of any child and shall report violations of this section to the Office of the Attorney General.

C. Any person who willfully misapplies funds paid by another or by any governmental agency for the purpose of support of a child shall be guilty of a crime.

D. Any person convicted of committing the criminal offense of misuse of child support money shall be guilty of a crime punishable by imprisonment in a Tribal Jail for not more than six months, or by a fine not exceeding Five Hundred Dollars ($500.00), or both.

E. Any person convicted of a second or subsequent conviction under this section shall be guilty of a crime punishable by imprisonment in a Tribal Jail for not more than one year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.

F. In addition, the Court may order any person convicted under this section to pay restitution to the child(ren) deprived of the misappropriated child support funds. ONCA 22-33, eff. Apr. 25, 2022.