Council of the Cherokee Nation - File #: 08-061

• File #: 08-061
• Version: 3
• Name: An Act Relating to Sex Crimes
• Type: Legislative Act
• Status: Passed
• File created: 5/19/2008
• In control: RULES COMMITTEE
• On agenda: 5/29/2008
• Final action: 10/12/2008
• Enactment date: 10/12/2008
• Enactment #: LA-20-08
• Title: A LEGISLATIVE ACT AMENDING CERTAIN SECTIONS OF THE CRIMINAL CODE RELATING TO SEX CRIMES AND OTHER CRIMES AGAINST THE PERSON
• Sponsors: Cara Cowan Watts, David Thornton, Sr.
• Indexes: Post-Conviction Supervision, Sex Crimes
• Code sections: Title 21 - Crimes and Punishments
• Related files: 12-013

Date	Ver.	Action By	Action	Result
10/21/2008	3	OFFICE OF THE CHIEF	Signed
10/13/2008	3	TRIBAL COUNCIL	Approved in toto	Pass
9/25/2008	2	RULES COMMITTEE	Approved with Amendments	Pass
8/28/2008	2	RULES COMMITTEE	Tabled	Pass
7/31/2008	2	RULES COMMITTEE	Tabled
6/26/2008	1	RULES COMMITTEE	Approved and Forwarded to Council	Fail
6/26/2008	2	RULES COMMITTEE	Tabled	Pass
5/29/2008	1	RULES COMMITTEE	Tabled	Fail
5/29/2008	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING CERTAIN SECTIONS OF THE CRIMINAL CODE RELATING TO SEX CRIMES AND OTHER CRIMES AGAINST THE PERSON
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION; LEGISLATIVE HISTORY.

The various parts and provisions of this Legislative Act shall be known and codified as stated herein. The sections modified by this Legislative Act are located in Title 21 of the Cherokee Nation Code Annotated as codified in 1993. The source of most updates in this Legislative Act is Title 21 of the Oklahoma Statutes Annotated in effect as of February 22, 2008; however, some revisions are from the statutes of the State of Texas; others are novel and intended to be more protective of Cherokee Nation youth than those of the States of Oklahoma and Texas.

SECTION 2. PURPOSE AND FINDINGS.

The purpose of this legislation is to modernize certain sex crimes laws and other laws concerning crimes against the person in order to protect the public, with particular emphasis on protecting children and vulnerable or disabled or elderly adults; to require post-conviction registration and supervision of certain individuals convicted of sex crimes; to change the age at which a child can consent to various sexual activities; to combine the crimes of forcible sodomy and rape by instrumentation into the crime of rape; to address the evolution of electronic communication and its effect of giving greater access to our children from those outside our homes; and to require mandatory minimum sentences for certain sex crimes.

SECTION 3. AMENDATORY. TITLE 21 CNCA § 681 SHALL BE AMENDED TO READ AS FOLLOWS:

§ 681. Assaults with intent to commit crime; Punishment.

A. Every person who commits an assault with intent to commit any crime, except an assault with intent to kill, the punishment for which assault is not otherwise prescribed in this code, is guilty of a crime, punishable pursuant to Section 10 of Title 21 of the Cherokee Nation Statutes, provided ...