26.12.280 Online Child Pornography

Any person who:

(a) Mails or transports or ships in interest or foreign commerce by any means, including by computer, any child pornography; or

(b) Receives or distributes;

(1) Any child pornography that has been mailed or shipped or transported in interstate or foreign commerce by any means, including by computer; or

(2) Any material that contains child pornography that has been mailed, or shipped or transported in interested or foreign commerce by any means, including by computer;

(3) Reproduces any child pornography for distribution through the mail or in interstate or foreign commerce by any means, including by computer; or

(4) Advertises, promotes, presents, distributes or solicits through the mail or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is or contains

(A) An obscene visual depiction of a minor engaging in sexually explicit conduct; or

(B) A visual depiction of an actual minor engaging in sexually explicit conduct; or;

(c) The jurisdiction of this Turtle Mountain Band of Chippewa Indian Sex Offender Registration Code shall include all trust and fee simple land within the boundaries of the Turtle Mountain Indian Reservation and to all trust land located in the State of North Dakota, such other lands as may be acquired by or on behalf of said Tribe and be added thereto under the laws of the United States knowingly sells or possesses with the intent to sell any child pornography; or

(1) Sells or possesses with the intent to sell any child pornography that has been mailed or shipped or transported in interstate or foreign commerce by any means, including any computer, or that was produced using material that have been mailed or shipped or transported in interstate or foreign commerce by any means, including by computer;

(d) The jurisdiction of this Turtle Mountain Band of Chippewa Indian Sex Offender Registration Code shall include all trust and fee simple land within the boundaries of the Turtle Mountain Indian Reservation and to all trust land located in the State of North Dakota, such other lands as may be acquired by or on behalf of said Tribe and be added thereto under the laws of the United States knowingly possess any book, magazine, periodical, film, videotape, computer disk or any material that contains an image of child pornography; or

(1) Possesses in any book, magazine, periodical, film, videotape, computer disk or any other material that contains an image of child pornography that has been mailed or shipped or transported in interstate or foreign commerce by any means, including by computer; or

(e) Distributes, offers sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical or

other means where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;

(1) That has been mailed, shipped or transported in interstate or foreign commerce by any means, including by computer;

(2) That was produced using material that have been mailed, shipped or transported in interstate or foreign commerce by any means, including by computer; or

(3) Which distribution, offer, sending or provision is accomplished using the mail or by transmitted or causing to be transmitted a wire communication in interstate or foreign commerce, including by computer for purposes of inducing or persuading a minor to participate in any activity that is illegal.

Any violation under this section shall be guilty of a Class 4 offense.