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A. Unless ordered by a court of competent jurisdiction, any parent, legal guardian, or other person having custody or control of a minor who commits one of the following actions commits the criminal offense of trafficking in children:

1. Sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfers custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking; or

2. Accepts, solicits, offers payment or transfer of any compensation, in money, property or other thing of value, at any time, by any person in connection with the acquisition or transfer of the legal or physical custody or adoption of a minor child; or

3. Brings or causes to be brought into this Nation or sending or causing to be sent outside this Nation any child for the purpose of placing such child in a foster home or for the adoption thereof and thereafter refusing to comply upon request with the Interstate Compact on the Placement of Children; provided, however, that this provision shall have no application to the parent or guardian of the child nor to a person bringing said child into this Nation for the purpose of adopting the child into such person’s own family; or

4. Solicits or receives any money or any other thing of value for the purpose of an adoption by the birth parent of the child who at the time of the solicitation or receipt had no intent to consent to eventual adoption; or

5. Solicits or receives any money or any other thing of value for expenses related to the placement of a child for adoption, from one or more parties, without disclosing to each prospective adoptive parent, child-placing agency, and attorney the receipt of any money or any other thing of value immediately upon receipt; or

6. Solicits or receives any money or any other thing of value for expenses for the purpose of adoption from more than one prospective adoptive family for the adoption of one child.

B. Any person convicted of committing the criminal offense of trafficking in children shall be guilty of a crime punishable by imprisonment in the Tribal Jail not to exceed three years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not less than five years nor more than life, or any combination of the above.

C. In a prosecution under this section, the defendant’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the defendant’s bona fide belief of the victim’s age cannot be raised as a defense or mitigating factor.

D. The payment or acceptance of costs and expenses shall not be a violation of this section as long as the petitioner or birth parent has complied with the applicable procedures and such costs and expenses are approved by the court. ONCA 22-33, eff. Apr. 25, 2022.