§ 5-167. Trafficking in children.
A. It shall be unlawful to:
1. Accept any compensation, in money, property or other thing of value, at any time, from the person or persons adopting a child, for services of any kind performed or rendered, or purported to be performed or rendered, in connection with such adoption; or
2. Accept any compensation, in money, property or other thing of value, from any other person, in return for placing, assisting to place, or attempting to place a child for adoption for permanent care in a foster home; or
3. Offer to place, or advertise to place, a child for adoption or for care in a foster home, as an inducement to any woman to enter an institution or home or other place for maternity care or for the delivery of a child.
B. “Child” means an unmarried or unemancipated person under the age of eighteen (18) years.
C. This section does not apply to attorneys or advocates licensed by the Trial Court receiving reasonable fees for legal services actually rendered in the course of lawful adoption proceedings, nor shall subsection (A)(1) or (A)(2) of this section apply to any bona fide social worker or government employee receiving their normal salary and making such placements as a part of their official duties.
D. Trafficking in children shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the 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.