26.20.014 Sexual abuse of a minor or ward.
(1) Of a Minor. Whoever knowingly engages in a sexual act with another person who:
(a) Has attained the age of twelve (12) years but has not attained the age of sixteen (16) years; and
(b) Is at least four (4) years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than fifteen (15) years, or both.
(2) Of a Ward. Whoever knowingly engages in a sexual act with another person who is:
(a) In official detention; and
(b) Under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be guilty of a Class F offense under the resolution codified in this section.
(3) Defenses.
(a) In a prosecution under subsection (1) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of sixteen (16) years.
(b) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.
(4) State of Mind Proof Requirement. In a prosecution under subsection (1) of this section, the Tribes need not prove that the defendant knew:
(a) The age of the other person engaging in the sexual act; or
(b) That the requisite age difference existed between the persons so engaging.