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A. Any person who commits false imprisonment, as defined in this chapter, upon a child under the age of thirteen (13) and who, in the course of committing the offense, commits any offense enumerated in subsection (B) of this section commits the criminal offense of aggravated false imprisonment.


1. Aggravated child abuse;

2. Sexual battery against the child;

3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;

4. Exploitation of the child or allowing the child to be exploited; or

5. Human trafficking.

C. Any person convicted of committing the criminal offense of aggravated false imprisonment shall be guilty of a crime punishable by imprisonment not to exceed three years in the Tribal Jail, or by a fine of Fifteen Thousand Dollars ($15,000.00), or by banishment for a period not to exceed twenty (20) years, or any combination of the foregoing punishments.

D. Nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the offense described in subsection (C) of this section and for each separate offense enumerated in subsections (B)(1) through (B)(5) of this section. ONCA 22-33, eff. Apr. 25, 2022.