§ 5-130. Child pornography.
A. “Child pornography” for purposes of this section means and includes any film, motion picture, videotape, photograph product, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, CD-ROM, magnetic disk memory, magnetic tape memory, removable media storage play or performance wherein a minor under the age of eighteen (18) years is engaged in any act with a person, other than his or her spouse, of sexual intercourse which is normal or perverted, in any act of anal sodomy, in any act of sexual activity with an animal, in any act of sadomasochistic abuse including, but not limited to, flagellation or torture, or the condition of being fettered, bound or otherwise physically restrained in the context of sexual conduct, in any act of excretion in the context of sexual conduct, in any lewd exhibition of the uncovered genitals in the context of masturbation or other sexual conduct, or where the lewd exhibition of the uncovered genitals has the purpose of sexual stimulation of the viewer, or wherein a person under the age of eighteen (18) years observes such acts or exhibitions.
B. “Obscene material” means and includes any representation, performance, depiction or description of sexual conduct, whether in any form or medium including still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape, CD-ROM, magnetic disk memory, magnetic tape memory, removable media storage, or a purely photographic product or a reproduction of such product in any book, pamphlet, magazine, or other publication.
C. “Performance” means and includes any display, live or recorded, in any form or medium.
D. “Sexual conduct” means and includes any of the following:
1. Acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated;
2. Acts of deviate sexual conduct, including oral or anal sodomy;
3. Acts of masturbation;
4. Acts of abuse including but not limited to flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume or which is of a revealing nature, or the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed;
5. Acts of excretion in a sexual context; or
6. Acts of exhibiting human genitals or pubic areas.
E. Child pornography shall be punishable by fine not to exceed Five Thousand Dollars ($5,000.00), 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 3 offense. ONCA 11-43, eff. Apr. 5, 2011.