42.12.050 Juvenile Sex Offender(s)

Who are the age of fourteen (14) years and older but who are under the age of eighteen (18) years of age who are not legally emancipated, or have not been tried and found guilty as an adult of a sex offense as defined by the Code shall be required to register as a sex offender within the jurisdiction of the Turtle Mountain Band of Chippewa Indians, or have not been tried and found guilty as an adult shall be required to register as a sex offender within the Turtle Mountain Band of Chippewa Indian Reservation in accordance with this Code.

(a) Registration Requirements. Each secondary and/or post-secondary school within the original exterior boundaries of the Turtle Mountain Chippewa Indian Reservation, where the juvenile attends will be notified of the child's status on the sex offender registry.

(b) Civil and Criminal Penalties.

(1) Failure to Register -Any juvenile offender required to register as a sex offender who shall fail to do so in a timely manner shall be subject to a civil penalty of up to one (1) year in jail and/or a fine of up to $5000.00 plus court costs and fees. In addition to the foregoing the Turtle Mountain Tribal Court may, in its discretion impose one or more of the following civil penalties for failure to register:

(A) Community Service;

(B) Mandatory Counseling

(C) Probation

(D) Loss of driver's license to include class M for motorcycle.

(2) Child pornography (Possesses, Prints, Publishes, and Makes), any person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of

(A) An indictable offense and liable to imprisonment for a term not exceeding one (1) year in jail and/or a fine of up to $5000.00 plus court costs and fees. In addition to the foregoing the Turtle Mountain Tribal Court may, in its discretion impose one or more of the following civil penalties for failure to register:

(i) Community Service;

(ii) Mandatory Counseling

(iii) Probation

(iv) Loss of driver's license to include class M for motorcycle.

(B) An offense punishable on summary conviction.

(3) Child pornography (Possesses, Imports, Sells or Distributes), any person who imports, distributes, sells or possesses for the purpose of distribution or sale any child pornography is guilty of

(A) an indictable offense and liable to imprisonment for a term not exceeding one (1) year in jail and/or a fine of up to $5000.00 plus court costs and fees; or

(B) An offense punishable on summary conviction.

(4) SEXTING, Any person Sexting sexually explicit photographs of themselves, their friends or their acquaintance shall be charged with:

(A) Distribution of child pornography, and

(i) an indictable offense and liable to imprisonment for a term not exceeding one (1) year in jail and/or a fine of up to $5000.00 plus court costs and fees.

(B) Anyone who receives the image(s) is guilty of possession of child pornography.

(i) an indictable offense and liable to imprisonment for a term not exceeding one (1) year in jail and/or a fine of up to $5000.00 plus court costs and fees.