Statutes | Kickapoo Tribe of Oklahoma Criminal Ordinance Chapter B(2) art 239 | 2020
(a) It is unlawful for any person to facilitate, encourage, offer or solicit illicit sexual conduct, sexual act(s) or sexual contact(s) with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology. For purposes of this sub-article, &ldquoby use of any technology&rdquo 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, e-mail 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 the provisions of this Article if the person knowingly transmits any prohibited communication by use of any technology defined herein, or knowingly prints, publishes or reproduces by use of any technology described herein any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for prohibited communication with a minor or access to any name, telephone number, cell phone number, e-mail 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 for purposes of illicit sexual conduct, sexual act(s) or sexual contact(s).
(c) Provided, that if the person violating this Article is under the age of eighteen (18) and less than three (3) years older than minor victim, the alleged perpetrator shall be treated as a juvenile in need of supervision or juvenile delinquent pursuant to the Juvenile Procedure Code unless the Attorney General certifies them as an adult for good cause due to the alleged action&rsquos seriousness, having been done maliciously, for profit or if the suspect has a prior juvenile or criminal conviction for a violation of this sub-chapter or of a Federal, Tribal or State offense that would have been an offense under this sub-chapter had the offense occurred in the tribal jurisdiction.
(d) The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this Article shall not constitute a defense to a prosecution under this Article.
(e) For purposes of any criminal prosecution pursuant to any violation of this Article, the person violating the provisions of this Article shall be deemed to be within the jurisdiction of this Nation by the fact of accessing any computer, cellular phone or other computer-related or satellite-operated device within the Kickapoo Tribe of Oklahoma, regardless of the where the violator resides.
(f) Sexual communication with a minor shall be a punishable by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment for a term of not more than one (1) year, or by banishment for a period of not more than seven (7) years or by a combination of such fine, imprisonment and banishment. For purposes of this Article, each communication shall constitute a separate offense