Statutes | Law and Order Code of the Fort McDowell Yavapai Community,Arizona Chapter 25 Article II. ยง2.02 | 2020
Sex offenders who reside within the exterior boundaries of the Nation or otherwise reside on property owned by the Nation in fee or trust regardless of location, are employed within the exterior boundaries of the Nation or on property owned by the Nation in fee or trust regardless of location, or who attend school within the exterior boundaries of the Nation or on property owned by the Nation in fee or trust regardless of location, or offenders who visit the Nation for a period of twenty-four (24) hours or more, that have been convicted of the following offenses are subject to the requirements of this code:
A. Tribal offenses. Offenders that have been convicted of any of the following tribal offenses shall be subject to the requirements of the Sex Offender Registration Code:
Section 6-56 (Sexual Assault)
Section 6-57 (Aggravated Sexual Assault)
Section 6-58 (Sexual Assault of a Minor or Ward)
Section 6-60.A (Sexual Exploitation of a Minor)
Section 6-60.B (Commercial Exploitation of a Minor)
Section 6-60.C (Use of an Electronic or Mechanical Devise to Facilitate a Child Sex Crime)
Section 6-60.D (Possession of Child Pornography) or
Section 6-64 (Incest).
Attempts and Conspiracies. Any attempt or conspiracy to commit any sex offense
Federal Offenses. A conviction, for or a conviction for an attempt or conspiracy to commit any of the following, and any other offense here after included in the definition of "sex offense" at 42 U.S.C. § 16911(5): Including any offenses prosecuted under the Assimilative Crimes Act (18 U.S.C. § 1152 or § 1153):
18 U.S.C. § 1591 (sex trafficking of children)
18 U.S.C. § 1801 (video voyeurism of a minor)
18 U.S.C. § 2241 (aggravated sexual abuse)
18 U.S.C. § 2242 (sexual abuse)
18 U.S.C. § 2243 (sexual abuse of a minor or ward)
18 U.S.C. § 2244 (abusive sexual contact)
18 U.S.C. § 2245 (offenses resulting in death)
18 U.S.C. § 2251 (sexual exploitation of children)
18 U.S.C. § 2251A (selling or buying of children)
18 U.S.C. § 2252 (material involving the sexual exploitation of a minor)
18 U.S.C. § 2252A (material containing child pornography)
18 U.S.C. § 2252B (misleading domain names on the internet)
18 U.S.C. § 2252C (misleading words or digital images on the internet)
18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States)
18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity)
18 U.S.C. § 2422 (coercion and enticement of a minor for illegal sexual activity)
18 U.S.C. § 2423 (transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct with a minor, engaging in illicit sexual conduct in foreign places)
18 U.S.C. § 2424 (failure to file factual statement about an alien individual) and
18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
Foreign Offenses. Any conviction for a sex offense involving any conduct listed in Section 2.02(F) which was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, and any foreign country where the United States State Department, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary generally (or vigorously) enforced the right to a fair trial in that country during the year in which the conviction occurred.
Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. 951).
Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. § 2241 [a] and [b]) and committed by a minor who is fourteen (14) years of age or older at the time of the offense. This includes engaging in a sexual act with another by force or the threat of serious violence or engaging in sexual act with another by rending unconscious or involuntarily drugging the victim.
Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this Nation, that involves:
Any type of degree of genital, oral, or anal penetration
Any sexual touching of or contact with a persons body, either directly or through the clothing
Kidnapping of a minor
False imprisonment of a minor
Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct
Use of a minor in a sexual performance
Solicitation of a minor to practice prostitution
Possession, production, or distribution of child pornography
Criminal sexual conduct that involves physical contact with a minor or the use of the internet or an electronic or mechanical device to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense
Any conduct that by its nature is a sex offense against a minor and
Any offense similar to those outlined in:
18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion)
18 U.S.C. § 1801 (video voyeurism of a minor)
18 U.S.C. § 2241 (aggravated sexual abuse)
18 U.S.C. § 2242 (sexual abuse)
18 U.S.C. § 2244 (abusive sexual contact)
18 U.S.C. § 2422(b)(coercing a minor to engage in prostitution)
18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct).
(Ft. McD. Res. No. 2011-18, § 2.02, adopted 4-19-2011 Ft. McD. Res. No. 2011-65, § 2.02, effective 12-20-2011 Ft. McD. Res. No. 2014-67, ex. B(§ 2.02), adopted 9-16-2014)