Chapter 3.45


3.45.010    Promoting obscene acts or materials.

3.45.020    Public display or dissemination of obscene material to minors.

3.45.030    Violation of privacy in communications.

3.45.040    Bribery in contests.

3.45.010 Promoting obscene acts or materials.

(1) A person commits the offense of promoting obscene acts or materials when, with knowledge of the obscene nature thereof, he or she purposely or knowingly:

(a) Sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene to anyone under the age of 18;

(b) Presents or directs an obscene play, dance, or other performance, or participates in that portion thereof which makes it obscene, to anyone under the age of 18;

(c) Publishes, exhibits, or otherwise makes available anything obscene to anyone under the age of 18;

(d) Performs an obscene act or otherwise presents an obscene exhibition of his body to anyone under the age of 18;

(e) Creates, buys, procures, or possesses obscene matter or material with the purpose to disseminate it to anyone under the age of 18;

(f) Advertises or otherwise promotes the sale of obscene material or materials represented or held out by him to be obscene.

(2) A thing is obscene if:

(a) It is a representation or description of perverted ultimate sexual acts, actual or simulated;

(b) It is a patently offensive representation or description of masturbation, excretory functions, or lewd exhibition of the genitals; and taken as a whole, the material, applying contemporary community standards, appeals to the prurient interest in sex;

(c) Portrays conduct described in subsection (2)(a) of this section in a patently offensive way; and

(d) Lacks serious literary, artistic, political, or scientific value.

(3) In any prosecution for an offense under this section, evidence shall be admissible to show:

(a) The predominant appeal of the material and what effect, if any, it would probably have on the behavior of people;

(b) The artistic, literary, scientific, educational, or other merits of the material;

(c) The degree of public acceptance of the material in the community;

(d) Appeal to prurient interest or absence thereof in advertising or other promotion of the material; or

(e) The purpose of the author, creator, publisher, or disseminator.

(4) Promoting obscene acts or materials is a Class D offense. [Ord. 49 § 6.11.1, 1-8-2010 (Res. 2010-10)].

3.45.020 Public display or dissemination of obscene material to minors.

(1) A person having custody, control or supervision of any commercial establishment or newsstand may not knowingly or purposely:

(a) Display obscene material to minors in such a way that minors, as a part of the invited public, will be able to view the material; provided, however, that a person is considered not to have displayed obscene material to minors if the material is kept behind devices commonly known as blinder racks so that the lower two-thirds of the material is not exposed to view or other reasonable efforts were made to prevent view of the material by a minor;

(b) Sell, furnish, present, distribute, or otherwise disseminate to a minor or allow a minor to view, with or without consideration, any obscene material; or

(c) Present to a minor or participate in presenting to a minor, with or without consideration, any performance that is obscene to minors.

(2) A person does not violate this section if:

(a) He or she had reasonable cause to believe the minor was 18 years of age. “Reasonable cause” includes but is not limited to being shown a draft card, driver’s license, marriage license, birth certificate, educational identification card, governmental identification card, or other official or apparently official card or document purporting to establish that the person is 18 years of age;

(b) The person is, or is acting as, an employee of a public school, college, or university or a retail outlet affiliated with serving the educational purposes of a school, college, or university and the material or performance was disseminated in accordance with policies approved by the governing body of the institution;

(c) The person is an officer, director, trustee, or employee of a public library or museum and the material or performance was acquired by the library or museum and disseminated in accordance with policies approved by the governing body of the library or museum;

(d) An exhibition in a state of nudity is for a bona fide scientific or medical purpose for a bona fide school, library, or museum; or

(e) The person is a retail sales clerk with no financial interest in the material or performance or in the establishment displaying or selling the material or performance.

(3) Public display or dissemination of obscene material to minors is a Class D offense. [Ord. 49 § 6.11.2, 1-8-2010 (Res. 2010-10)].

3.45.030 Violation of privacy in communications.

(1) A person commits the offense of violating privacy in communications who knowingly or purposely:

(a) Communicates with any person by telephone and uses any obscene, lewd or profane language, suggests any lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of any person, intending that the communication terrify, intimidate, threaten, harass, annoy, or offend the person;

(b) Uses a telephone to extort anything of value from any person or to disturb by repeated telephone calls the peace, quiet, or right of privacy of any person at the place where the telephone call or calls are received;

(c) Records or causes to be recorded any conversation by use of hidden electronic or mechanical devices which reproduce conversation without the knowledge of all parties to the conversation, unless:

(i) The recording is of a person speaking at a public meeting; or

(ii) The person making the recording has given warning that the conversation is being recorded; or

(iii) The recording is specifically authorized in advance by a Tribal Court order using the standards set forth for search warrants.

(d) Reading or disclosing any communications addressed to another person without the permission of such person, unless directed by a Court order to read or disclose such communications.

(2) Violating privacy in communications is a Class C offense. [Ord. 49 § 6.11.3, 1-8-2010 (Res. 2010-10)].

3.45.040 Bribery in contests.

(1) A person commits the offense of bribery in contests if he or she purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:

(a) Any pecuniary benefit as a consideration for the recipient’s failure to use his or her best efforts in connection with any professional or amateur athletic contest, sporting event, or exhibition; or

(b) Any benefit as consideration for a violation of a known duty as a person participating in, officiating, or connected with any professional or amateur athletic contest, sporting event, or exhibition.

(2) Bribery in contests is a Class E offense. [Ord. 49 § 6.11.4, 1-8-2010 (Res. 2010-10)].