Title
AN ACT AMENDING TITLE 21 (“CRIMES AND PUNISHMENTS”) OF THE CHEROKEE NATION CODE ANNOTATED
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be known as the “Cherokee Nation Criminal Code Modernization Act of 2025” and shall be codified as Title 21, Chapter 45 Section 1111 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to amend the existing Title 21 entitled "Crimes and Punishments" Chapter 45, Section 1111 “Rape Defined” to raise the age of consent to sexual conduct to eighteen (18) years of age.
Section 3. Legislative History
Article VI, Section 7 of the Cherokee Nation Constitution states that the Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation. The Council has previously legislated, adopted and revised Title 21 entitled “Crimes and Punishments” as follows:
L.A. 10-90 Eff. Nov. 13, 1990
L.A. 20-08 Eff. Jan. 12, 2009
L.A. 09-12 Eff. May 23, 2012
L.A. 07-21 Eff. Feb. 22, 2021
Section 4. Substantive Provisions
CHAPTER 45
RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN AND SEDUCTION
§ 1111. Rape defined.
A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished under any of the following circumstances:
1. Where the victim is under eighteen sixteen 1816years of age;
2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, or giving legal consent;
3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
5. Where the victim is unconscious of the nature of the act and this fact is known to the accused; or
6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape.
7. Where the victim is under the legal custody or supervision of the Cherokee Nation, other tribal, state, municipal, other governmental subdivision, or federal agency and engages in sexual intercourse with a Cherokee Nation, other tribal, state, municipal, other governmental subdivision, or federal employee that exercises authority over the victim;
8. Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system;
9. Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant; or
10. Where the victim is at least sixteen (16) years of age but less than eighteen (18) years of age and the perpetrator of the crime is a person responsible for the child's health, safety or welfare. “Person responsible for a child's health, safety or welfare” shall include, but not be limited to:
a. a parent,
b. a legal guardian,
c. custodian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care facility.
B. Rape is an act of sexual intercourse accomplished if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.
Section 5. Provisions as Cumulative
The provisions of this act shall be cumulative to existing law.
Section 6. Severability
The provisions of this act are severable and if any part or provision hereof shall be held void the decision of the Court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 7. Effective Date/Emergency Declared
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.
Section 8. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.