42.08.010 Criminal Offenses

(a) Criminal penalty. Each violation of a provision of this code by a sex offender who is an Indian shall be considered a crime and subject to a period of incarceration of (1) one year in jail and a fine of 5,000.00.

(b) Civil Penalty. Each violation of a provision of this code by a sex offender who is not an Indian shall be considered a civil violation subject to enforcement by any means not prohibited by federal law, including, but not limited to the issuance of fines, forfeitures, civil contempt, Exclusion, Removal and/or Banishment.

(d) Hindrance of sex offender. A person who:

(1) Knowingly harbors or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this title;

(2) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this title; or

(3) Provides information to law enforcement agency regarding a sex offender which the person knows to be false.

(e) Bigamy

(1) Any person who willfully and knowingly contracts in a second marriage (or going through the form of a second marriage) while the first marriage is still valid and not dissolved is guilty of Class 2 offense. This does not apply or extend to:

(2) a person whose spouse has been absent for [5] five successive years and is believed by him or her to be dead;

(3) a person whose spouse has voluntarily absented him/herself and has continually remained within the United States for a time of [5] five years.

(4) a person whose former marriage has been pronounced void or null by a competent court. The following marriages are incestuous and void:

(A) Marriage between parent and child including grandparents and grandchildren of every degree.

(B) Marriage between brothers and sisters of the half as well as whole blood.

(D) Marriage between aunts and nephews of the half as well as the whole blood.

(E) Marriage between first cousins of the half as well as the whole blood.

This section applies to illegitimate as well as legitimate children and relatives.

(f) Giving Sexually Transmitted Disease [STD] to Another. Any person who knows or has reason to believe he/she is infected with a STD disease and infects another person with a [STD] venereal disease shall be guilty of a Class 2 offense. The Turtle Mountain Tribal Court shall have authority to order and compel the medical examination and treatment of any person found to be afflicted with any communicable Sexually Transmitted Disease.

(g) Gross Sexual Imposition. Any person who engages in a sexual act with another, or who causes another to engage in a sexual act under this subsection is a Class 4 offense if:

(1) The person compels the victim to submit by force or by threat of imminent death, serious bodily injury, kidnapping, to be inflicted on any human being;

(2) The person or someone with his/her knowledge has substantially impaired the victim's power to appraise or control his or her conduct by administering or employing, without the victim's knowledge, intoxicants or other means with intent to prevent resistance.

(3) The ability of the other person(s) to resist or consent is substantially impaired due to a mental or physical condition or because of advanced age.

The victim is less than fourteen (14) years old. An offense under this subsection shall be guilty of a Class 4 offense.

(h) Abduction. Any person who shall willfully take away or detain another person against his will shall be guilty of a Class 4 offense.

(i) Abusive Sexual Contact. Any person who engages in sexual contact, with another, or who causes another to engage in sexual contact if:

(1) The victim is less than fourteen (14) years old; or

(2) A person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being.

(3) In the course of the offense the offender inflicts serious bodily injury upon the victim.

(4) The victim is not a voluntary companion of the actor and has not previously permitted the person sexual permission. A person need not prove physical resistance to the actor in prosecutions under this subsection. An offense under this subsection shall be guilty of a Class 4 offense.

(j) HIV and/or AIDS. Any person who knows he/she is infected with HIV and/or AIDS and willfully exposes another to the disease or virus shall be guilty of a Class 4 offense.

(k) Incest. Any person who intermarries or engages in a sexual act with another person related to him/her within a degree of family in which marriages are declared incestuous and void as defined in Section 26.12.060 knowing such other person to be within said degree of relationship, shall be guilty of a Class 4 offense.

(l) Indecent exposure. Any person who:

(1) knowingly exposing one's penis, vulva, or anus in a public place with the intent to annoy, harass, or causes fear in another person; and/or

(2) Masturbates in a public place.

Under this subsection shall be guilty of a Class 3 offense.

(m) Lewd Conduct. Motives are irrelevant; ignorance of nature no defense; unknowing definition of a crime no defense; obscene publication no defense. Any person who:

(1) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or

(2) makes, prints, publishes, distributes, sells or has in his possession for the purposes of publication, distribution or circulation a crime comic.

(3) sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record or other thing whatever;

(4) publicly exhibits a disgusting object or an indecent show;

(5) offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any means, instructions, medicine, drug or article intended or represented as a method of causing abortion or miscarriage; or

(6) advertises or publishes an advertisement of any means, instructions, medicine, drug or article intended or represented as a method for restoring sexual virility or curing venereal diseases or diseases of the generative organs.

Any person who violates this subsection shall be guilty of a Class 2 offense.

(n) Lewd Act is Public. Any person who engages in the following:

(1) Exposure of any portion of the human anus or genitals, including display of the male genitals in discernible turgid state, even if completely and opaquely covered; or exposure of the female breast lower than the upper edge of the areola, provide, however, that nothing in this subsection shall prohibit the breastfeeding of an infant or child; or

(2) Touching caressing or fondling of the male or female genitals or female breast, whether clothed or naked; or

(3) Sexual misconduct as defined; or

(4) Simulated acts of human sex including intercourse, oral copulation, sodomy or masturbation of oneself or of one person by another.

(5) Simulated acts of human sex with the use of simulated body parts that include intercourse, oral copulation, sodomy or masturbation of oneself or of one person by another.

(6) Any person who commits a violation of this subsection within 500 feet of or on private or public elementary, middle, or high school property shall be guilty of a Class 4 offense.

(o) Sexual Harassment. A person who engages with intent to frighten, coerce, or harass another person:

(1) By making unwanted sexual advances, requests sexual favors, verbal or physical behavior of a sexual nature that alarms or annoys, interferes with your privacy and creates an intimidating, hostile, or offensive environment; or

(2) Makes unwanted and offensive sexual advances or sexually offensive remarks or acts, by a coworker, superior or especially someone in a supervisory position when agreement to such behavior is a condition of continued employment, promotion, or satisfactory evaluation.

(3) By any unwanted sexual advances, any request for sexual favors, any verbal or physical conduct of a sexual nature that alarms or annoys other person, interferes with their privacy and creates an intimidating, hostile, or offensive environment.

(4) Making unwanted and offensive sexual advances or of sexually offensive remarks or acts, by another person.

Any person who violates this subsection shall be guilty of a Class 3 offense.

(p) Sexual Battery. A person who commits the act of making unwanted and sexually offensive contact with an intimate body part of another person or which causes an immediate apprehension in the other person that such an act will occur. Intimate body parts include sexual organs, the anus, the groin or buttocks of any person and the breasts of a female. Sexual Battery includes situations in which the interactions defined are with a person who is incapable of giving consent or resisting due to alcohol or drugs. Any person who violates this subsection shall be guilty of a Class 3 offense.

(q) Prostitution.

(1) Any person who engages, or solicits with intention to be hired to engage, in sexual activity as a business or is an inmate of a house of prostitution, or

(2) Business in this subsection shall mean any transaction of sexual activity in exchange of funds or to transfer anything of monetary value.

Any person who violates this subsection shall be guilty of a Class 3 offense.

(r) Facilitation of Sexual Favors. Any person, who shall knowingly promote or facilitate prostitution or causes another to become engaged in sexual activity for the purpose of prostitution as defined in this chapter, shall be guilty of a Class 3 offense.

(s) Sexual Act with an Incapacitated Person. Any person who:

(1) Commits or causes another to commit any act of lewd or indecent sexual conduct with any person who is incapacitated for any other reason is not able to give express and informed consent, or

(2) Commits a sexual act with another who has been rendered unconscious or involuntarily drugged or who is otherwise incapable of appraising the nature of appraising the nature of the conduct or declining to participate or consent.

Any person who violates this subsection shall be guilty of a Class 4 offense.

(t) Prostitution of a Child. Any person who knowingly persuades, induces entices, or coerces any individual who has not attained the age of [18] eighteen years, to engages in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so shall be guilty of a Class 4 offense.

(u) Aggravated Sexual Abuse of a Minor. A person who commits an act of sexual penetration with another person under any of the following circumstance:

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

(2) 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.

(3) 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.

(4) 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.

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

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

(7) 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 subsection shall be guilty of a Class 4 offense.

(v) Sexual Abuse of a Ward. Any person who knowingly engages in a sexual act with another person who is in a detention and/or under the custodial, supervisory, or disciplinary authority of the person engaging in any sexual conduct shall be guilty of a Class 4 offense. [U.S.C. 2243]

(w) Attempt To Commit Sexual Abuse. Any person; who had the intent to cause another person to engage in a sexual act by use of force and has taken a substantial step to do so, can be convicted of attempted aggravated sexual abuse. [U.S.C. § 2241] Any person who violates this subsection shall be guilty of a Class 4 offense.

(x) Sex Trafficking of a Minor.

(1) Any person who tricks, lures, coerces, promotes, recruits, transports, harbors, entices a minor causing the minor to engage in sexual acts or sexual conduct. [U.S.C. 1591]

(2) Use a minor to trick, lure, coerce, promote, recruit, transport, harbor or entice another minor for the purpose of causing the minor to engage in sexual acts or sexual conduct.

Any person who violates this subsection shall be guilty of a Class 4 offense.

(y) Use of Interstate Facilities to Transmit Information about a Minor. Any person who uses the mail or any facility or means of commerce to knowingly initiate the transmission of the name, address, telephone number, social security number or electronic mail address of another individual who is a minor with the intent to entice, encourage, offer or solicit a minor to engage in any sexual activity shall be guilty of a Class 4 offense. [U.S.C. 2425]

(z) Sexting. Combination of sex and texting, it's the act of sending sexually explicit materials through mobile phones.

(1) Teenagers texting sexually explicit photographs of themselves, or of their friends or partners, can be charged with distribution of child pornography and those who receive the images can been charged with possession of child pornography.

(A) the exchange of sexually explicit text messages, including photographs, via cell phone.

(2) Adults who text sexually explicit photographs of themselves, or of their friends or partners to any teenager, can be charged with distribution of child pornography and those who receive the images can be charged with possession of child pornography.

(A) the exchange of sexually explicit text messages, including photographs, via cell phone.

Any person who violates this subsection shall be guilty of a Class 4 offense.

(aa) Sexual Abuse. Any person who commits abusive sexual contact

(1) Contact sexual abuse

(A) By touching and fondling of the genitals of a child or juvenile or using the mouth for sexual arousal.

(B) By forcing, threatening, intimidating, entices, or coercing a child or juvenile to touch another person's genital area.

Any person who violates this subsection shall be guilty of a Class 4 offense.

(2) Non-Contact sexual abuse,

(A) To intentionally cause a child by threats, intimidation, enticement, or to coerce a child or juvenile to view sexual acts for the purpose of becoming sexually aroused for gratification of the actor, to humiliate or degrade the child.

(B) To intentionally cause a child by threats, intimidation, enticement, or to coerce a child or juvenile to listen to sex acts, including audio tapes or obscene phone calls for the purpose of becoming sexually aroused for gratification of the actor, to humiliate or degrade the child.

(C) To intentionally cause a child by threats, intimidation, enticement or coerce a child or juvenile to view any pornographic material such as videos, DVDs, magazines or photographs through any electronic device for the purpose of becoming sexually aroused for gratification of the actor, to humiliate or degrade the child.

Any person who violates this subsection shall be guilty of a Class 3 offense.

(bb) Sexual Exploitation of Children. Any person, who uses, employs, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist in any other minor to engage in or who transports any minor to engage in any sexually explicit conduct:

(1) Participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct, or

(2) Participation relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward or sex trafficking of children, or the production, possession, receipt, mailing sale, distribution, shipment, or transportation of child pornography shall be guilty of a Class 4 offense. [U.S.C. 2251]

(cc) Selling or Buying of Children.

(1) Any parent, legal guardian or any person having custody or control of a minor to sell or transfers custody or control of a minor or offers to sell or transfer custody or control;

(A) Who knows as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging or assisting another person to engage in sexually explicit conduct, or

(B) With the intent to promote either the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct or the rendering of assistance by the minor to any person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

(2) Any person who purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor;

(A) With the knowledge that, as a consequence of the purchase or obtaining custody, the minor will be portrayed in a visual depiction engaging or assisting another person to engage in sexually explicit conduct, or

(B) With the intent to promote either the engaging in sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct or the rendering of assistance by the minor to any person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct. [U.S.C. 2251A]

Any person who violates this subsection shall be guilty of a Class 4 offense.

(dd) Harboring. Any person who:

(1) Secretly provides shelter, lodging, protection to conceal a minor, who is at risk of being sexually exploited,

(2) A resident of a Turtle Mountain Housing Complex who knowing, attempts, or assists to provides shelter or residence to a sex offender,

(3) Assists a sex offender in eluding any law enforcement agency by providing false information,

(4) Secretly provide shelter, lodging, protection to conceal or who knowingly, attempts, or assists by providing false information, shelter or residence to any person trying to elude the law,

(5) Secretly provides shelter, lodging, or who knowingly, attempts, or assists by providing false information, shelter, residence or protection to conceal a minor runaway.

Any person who violates this subsection shall be guilty of a Class 4 offense

(ee) Child Pornography. Any person who:

(1) Possesses a depiction of a child in sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited: graphic or lascivious simulated, bestiality, masturbation or sadistic or masochistic abuse or graphic or simulated lascivious exhibition of the genitals or pubic area of any person, including

(A) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) That shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

(ii) The dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; or

(iii) Any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. [U.S.C. 2252A]

Any person who violates this subsection shall be guilty of a Class 4 offense.

(ff) Online Child Pornography. Any person who:

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

(2) Receives or distributes:

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

(B) 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;

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

(D) 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

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

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

(3) 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

(A) 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;

(4) 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

(A) 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

(5) 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;

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

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

(C) 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 subsection shall be guilty of a Class 4 offense.

(gg) Online Child Solicitation. The use of the internet to contact or attempt to contact someone you know to be a minor or should reasonably know is a minor for sexual purposes; or to arrange to meet with someone you believe to be a minor for sexual purposes; if you arrive at the place and time arranged for the meeting of the minor shall be guilty of a Class 4 offense.

(hh) Travel With The Intent To Engage In Illicit Conduct. A person who travels in interstate commerce or travels for the purpose of engaging in any illicit sexual conduct with another person shall be guilty of a Class 4 offense.

(ii) Misleading Domain Names on The Internet. Any person who knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet.

(1) Any communication, consisting of nudity, sex taken as a whole and with reference to its context predominantly appeals to a prurient interest of minors.

(2) Is patently offensive to prevailing standards in the adult community with respect to what is suitable material to minors.

(3) Lacks serious literary, artistic, political, or scientific value for minors. [U.S.C. 2252B]

Any violation under this subsection shall be guilty of a Class 3 offense.

(jj) Misleading Words Or Digital Images On The Internet. Any person who knowingly embeds a source code, word, or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet will be guilty of a Class 3 offense.[U.S.C. 2252C]

(kk) Video Voyeurism. Any person who knowingly intends to capture an image of a private area of a person and does so under circumstances in which the person has a reasonable expectation of privacy shall be guilty of a Class 3 offense.

(ll) Failure To Register. Failure to comply with the registration requirements or notify law enforcement or the director of Turtle Mountain Sex Registration and Notification Program is a Class 4 offense, for which a penalty of up to [1] one year in jail or a fine of $5,000, or both may be imposed.

(mm) Failure To File Factual Statement About An Alien Individual. A person or persons who keeps, maintains, controls, supports, or harbors in any house or dwelling for the purpose of prostitution, or for any other immoral service. Any individual, knowing or in reckless disregard of the fact that the individual is an alien, shall file with the local law enforcement a statement in writing setting forth the name of such individual, the place at which that individual is kept, and all facts as to the date of that individual's entry into the United States is guilty of a Class 4 offense.

(nn) Failure to Provide Information. Any person who is required to provide information under this title, the Sex Offender Registration Code, based on any conviction and violates that section shall be guilty of a Class 4 offense and subject up to (1) one year in jail and/or a fine of up to $5,000.00 along with court cost and fees.

(oo) Failure to Appear. In the event a sex offender fails to appear with the Sex Offender Registration Offender Registration and Notification Department as required by the Sex Offender Registration Code, the Turtle Mountain Sex Offender Registration Department shall immediately inform the Turtle Mountain Law Enforcement Center, and the jurisdiction that provided notification that the sex offender was to commence residency, employment or school with the Turtle Mountain Tribe, that the sex offender failed to appear for registration.

(1) Any person who is required to appear for a scheduled appointment with the Turtle Mountain Sex Offender Registration and Notification Department, in violation of the Turtle Mountain Sex Offender Registration Code, this title shall be guilty of a Class 4 offense and is subject up to (1) one year in jail and/or a fine up to $5,000.00 along with court cost and fees.

(pp) Recapture. The Turtle Mountain Band of Chippewa will recapture a sex offender and those sex offenders who previously have not been required to register, but will now be required to register under the Turtle Mountain Band of Chippewa Sex Offender Registry. To be recaptured will be implemented into three categories.

(1) A sex offender who is currently incarcerated or under supervision for the sex offense or for some other crime(s).

(2) A sex offender who is already required to pre-existing sex offender registration requirement under the Turtle Mountain Tribal Code.

(3) A sex offender will be taken back into custody due to a conviction for any crime whether or not the crime is a sex offense.

The Turtle Mountain Law Enforcement or designee shall ensure recapture of the sex offender within the following time frames; for Tier 1 sex offenders, [1] one year; for Tier 2 sex offenders, [6] six months; and for Tier 3 sex offender, [3] three months.

(qq) Absconding. If the Turtle Mountain Sex Offender Registration and Notification Department receives information that a sex offender cannot be located, the Turtle Mountain Law Enforcement Center shall be notified, a Turtle Mountain Tribal warrant for arrest will be issued, and the U.S Marshall Service will be notified also the sex offender's information will be entered into [NCIC] the National Crime Information Center.

(rr) Misuse of Registration Information. Any person who:

(1) Misuses or alters public record information related to a sex offender or sexual predator, or

(2) Sells or exchanges sex offender information for profit. Any violation under this subsection shall be guilty of a Class 3 offense

(ss) Persons Subject to Exclusion and Removal. Any Tribal member or Non-member may be temporarily or permanently excluded and/or removed from any or all portions of Indian Country under the jurisdiction of the Turtle Mountain Band of Chippewa Indians on all land on the Turtle Mountain Indian Reservation in the State of North Dakota and to such other lands as may be acquired by or in behalf of said Tribe and be added thereto under the laws of the United States, with the exception of property personally owned in fee by the member or non-member as provided herein.

(tt) Grounds for Exclusion and Removal. A person subject to exclusion and removal as provided herein may be excluded or removed from any or all portions of Indian Country on all land on the Turtle Mountain Indian Reservation in the State of North Dakota and to such other lands as may be acquired by or in behalf of said Tribe and be added thereto under the laws of the United States, upon any one or more of the following grounds:

(1) Indians and/or non-Indians dealing, transporting (or assisting in the transport of) and/or selling drugs of any kind (and any derivative forms of such drugs), including but not limited to:

(A) Methamphetamine/Crank

(B) Cocaine

(D) Heroin

(E) Prescription drugs not prescribed to the person using them

(F) Marijuana

(2) Indian or Non-Indians convicted in any jurisdiction of one or more crimes involving sexual violence (i.e., including but not limited to rape, incest, sexual abuse of a minor, etc.)

(3) Non-Indians committing frauds, confidence games, or usury against Indian people residing or lawfully present within any or all portions of Indian Country under the jurisdiction of the Turtle Mountain Band of Chippewa Indians on all land on the Turtle Mountain Indian Reservation in the State of North Dakota and to such other lands as may be acquired by or in behalf of said Tribe and be added thereto under the laws of the United States, by inducing them to enter into grossly unconscionable contracts of any kind.

(4) Non-Indians doing or threatening to commit any sexual act against a child under the age of 18 or seriously threatens the peace, health, safety, morals or general welfare of the Tribe, its members, or other persons living or lawfully within any or all portions of Indian Country under the jurisdiction of the Turtle Mountain Band of Chippewa Indians on all land on the Turtle Mountain Indian Reservation in the State of North Dakota and to such other lands as may be acquired by or in behalf of said Tribe and be added thereto under the laws of the United States.

(uu) Exclusion, Removal and Other Civil Penalties. A person convicted of one or more of the above offenses shall be subject to civil exclusion and removal as provided herein from Indian Country under the jurisdiction of the Turtle Mountain Band of Chippewa Indians on all land on the Turtle Mountain Indian Reservation in the State of North Dakota and to such other lands as may be acquired by or in behalf of said Tribe and be added thereto under the laws of the United States for the following periods of time: UPDATED 2006 39-6:

(1) Indians and/or Non-Indians Dealing, Transporting (or assisting in the transport of) and/or Selling Drugs of Any Kind:

(A) First Offense (Tribal or Federal) – warning

(B) Second Offense (Tribal or Federal) – three-year exclusion

(2) Other Non-Drug-Related Grounds for Removal of Non-Indians Only:

(A) First Offense – Warning

(B) Second Offense – Second Warning

(D) Fourth Offense – One Year Exclusion

(E) Fifth or further Offense – Five Year Exclusion for each offense

(3) Indians and/or Non-Indians Convicted of Repeated Sex Crimes

(A) First Offense – Warning

(B) Second Offense – One Year Exclusion

(4) Non-Indian Non-Indians doing or threatening to do any sexual act against a Indian within any or all portions of Indian Country under the jurisdiction of the Turtle Mountain Band of Chippewa Indians on all land on the Turtle Mountain Indian Reservation in the State of North Dakota.

(A) First Offense – Warning

(B) Second Offense – One Year Exclusion

(vv) Reckless Endangerment. A person is guilty of the offense if that person creates a physical circumstance or situation that creates a substantial risk of neglect where sexual abuse occurs, serious bodily injury or death to any other person. The offense is a Class 4 offense if the circumstances created demonstrate an extreme indifference to the value of human life; otherwise it is a Class 3 offense. To satisfy the "creates a physical circumstance or situation" requirement, no actual person need actually be placed in actual jeopardy of receiving serious bodily injury or death but only the potential of such injury had a person been exposed to the circumstance or situation.

(ww) Child Endangerment. For the purpose of this code any person who has legal care, custody or guardianship of child/children under the age of eighteen (18), who intentionally or knowingly allows a sex offender to care for said child/children and a sex offense occurs during the time the sex offender was in the care of said child/children; that guardian, parent, custody or legal care person shall be charged with: Child Endangerment.

Any person who violates this subsection shall be guilty of a Class 4 offense.

(xx) Elderly Endangerment. For the purpose of this code any person who has legal care, custody or guardianship of an Elderly person, who intentionally or knowingly allows a convicted sex offender to care for said elderly person and a sex offense occurs during the time the sex offender was in care of that elderly person; that guardian, parent, custody or legal care person shall be charged with: Elderly Endangerment.

Any person who violates this subsection shall be guilty of a Class 4 offense.

(yy) Disabled/Handicap Endangerment. For the purpose of this code any person who has legal care, custody or guardianship of an Handicap/ Disabled person, who intentionally or knowingly allows a convicted sex offender to care for said Handicap/Disabled person and a sex offense occurs during the time the sex offender was in care of that Handicap/Disabled person; that guardian, parent, custody or legal care person shall be charged with: Disabled/Handicap Endangerment.

Any person who violates this subsection shall be guilty of a Class 4 offense.