A. Any person who shall maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, national origin or disability, shall be guilty of committing the criminal offense of aggravated criminal harassment if the person also:

B. Any person who shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person’s race, color, religion, ancestry, national origin or disability, make or transmit, cause or allow to be transmitted, any telephonic, computerized, or electronic message shall be guilty of committing the criminal offense of aggravated criminal harassment.

C. Any person who shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person’s race, color, religion, ancestry, national origin or disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material shall be guilty of committing the criminal offense of aggravated criminal harassment.

D. Any person convicted of committing the criminal offense of aggravated criminal harassment shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a period of not more than one year, or by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or both.

E. Any person convicted of violating any provision of subsection (A), (B) or (C) of this section, who has previously been convicted for a violation of this section, shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a period not more than three years, or by imposition of a fine not exceeding Ten Thousand Dollars ($10,000.00), or both. Furthermore, said person shall be civilly liable for any damages resulting from any violation of this section.

F. The Osage Nation Police Department shall develop a standard system for Tribal, state, and local law enforcement agencies to report incidents of crime which are apparently directed against members of racial, ethnic, religious groups or other groups specified by this section. The Osage Nation Police Department shall promulgate rules, regulations and procedures necessary to develop, implement and maintain a standard system for the collection and reporting of hate crime data. The Osage Nation Police Department shall submit a monthly report to the Office of the Attorney General on forms prescribed by the Attorney General. The report shall contain the number and nature of the offenses committed within the Osage Nation’s jurisdictions, the disposition of such matters and any other information the Attorney General may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice. ONCA 22-33, eff. Apr. 25, 2022.