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File #: 25-057    Version: Name: CN Criminal Code Modernization Act of 2025
Type: Legislative Act Status: Passed
File created: 5/15/2025 In control: TRIBAL COUNCIL
On agenda: 5/29/2025 Final action: 9/23/2025
Enactment date: 9/15/2025 Enactment #: LA-23-25
Title: AN ACT AMENDING TITLE 21 ("CRIMES AND PUNISHMENTS") OF THE CHEROKEE NATION CODE ANNOTATED
Sponsors: Candessa Tehee
Indexes: Crimes and Punishments
Code sections: Title 21 - Crimes and Punishments
Attachments: 1. LA-23-25
Related files: 21-007, CNCA-21
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 codified at Title 21, Chapter 45 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to raise the age of consent for sexual conduct to eighteen years of age for the purposes of defining the offense of rape; further prevent the exploitation of minors; and provide clearer enforcement mechanisms for the prosecution of sexual offenses involving minors.

Section 3. Legislative History


LA-10-90
LA-13-91
LA-24-02
LA-25-02
LA-39-02
LA-40-02
LA-41-02
LA-42-02
LA-31-03
LA-32-03
LA-36-03
LA-08-06
LA-10-06
LA-18-06
LA-29-06
LA-31-06
LA-34-06
LA-09-07
LA-20-08
LA-22-08
LA-08-12
LA-09-12
LA-35-12
LA-10-13
LA-09-16
LA-12-18
LA-28-20
LA-03-21
LA-07-21
LA-18-21
LA-19-21
LA-29-21
LA-36-21
LA-39-21
LA-02-22
LA-33-22


Section 4. Substantive Provisions

Title 21, Chapter 45 "Rape, Abduction, Carnal Abuse of Children and Seduction" shall be amended as follows:


? 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 (18) years 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 ...

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