§ 3-104. Soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor.
A. It shall be unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by the use of any technology, or engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by the use of any technology. For the purpose of this section, “by the use of any technology” means the use of any telephone or cell phone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, internet or world wide web address including any blog site or personal web address, email address, internet protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cell phone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device.
B. A person is guilty of violating this section if the person knowingly transmits any prohibited communication by use of any technology or knowingly prints, publishes or reproduces by use of any technology any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for communication with a minor or access to any name, telephone number, cell phone number, email address, internet address, text message address, place of residence, physical characteristics or other descriptive or identifying information of a minor, or other individual the person believes to be a minor.
C. Soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in Tribal Jail not to exceed one year, or by banishment for a period not less than five years nor more than life: or any combination of the above. Tier 2 offense. ONCA 11-43, eff. Apr. 5, 2011.