Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

26.12.170 Aggravated Sexual Abuse of a Juvenile

A person who commits an act of sexual penetration with another person under any of the following circumstance:

(a) The victim is less than fourteen (14) years of age.

(b) The victim is at least fourteen (14) years old but less than sixteen (16) and the offender is related to the victim by blood or has supervisory or disciplinary authority over the victim or the offender is a foster parent, guardian or holds a parental status in the household.

(c) The act is committed during the commission or attempted commission, either alone or with one or more persons of robbery, kidnapping, homicide, aggravated assault or another, burglary, arson or criminal escape.

(d) The offender is armed with a weapon or any object fashioned as to lead the victim to reasonably believe it is a weapon and threatens by word or gesture to use the weapon or object.

(e) The offender is aided by one or more persons and the offender uses physical force or coercion.

(f) The offender uses physical force or coercion and severe personal injury is sustained by the victim.

(g) The victim is one whom the offender knew or should have known was physically helpless, mentally defective or mentally incapacitated. [U.S.C. 2241]

Any person who violates this section shall be guilty of a Class [5] five offense.