Statutes | ityug | 2020
(a) Tier I Offenses.
(1) Sex Offenses. A Tier I offense includes an element involving a sexual act or sexual contact with another or any sex offense, for which a person has been convicted in a state, local, foreign, and/or tribal jurisdiction, or an attempt or conspiracy to commit such an offense that is not a Tier II or Tier III offense.
(2) Tribal Offenses. A Tier I offense includes an element involving a sexual act or sexual contact with another or any sex offense, for which a person has been convicted in a state, local, foreign, and/or tribal jurisdiction, or an attempt or conspiracy to commit such an offense under the tribal code that is not a Tier II or Tier III offense.
(3) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered a conviction for a Tier I offense:
(A) 18 U.S.C. § 2252A (receipt or possession of child pornography)
(B) 18 U.S.C. § 2252B (misleading domain names on the Internet)
(C) 18 U.S.C. § 2252C (misleading words or digital images on the Internet)
(D) 18 U.S.C. § 2424 (failure to file factual statement about an alien individual) and
(E) 18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
(4) Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Section 4.03(a)(1), (2), or (3) shall be considered a Tier I offense.
(b) Tier II Offenses.
(1) Recidivism and Felonies. Unless otherwise covered by a Tier III offense, any sex offense that is not the first sex offense for which a person has been convicted in a state, local, foreign, and/or tribal jurisdiction, and is an offense punishable by more than one (1) year imprisonment, is considered a Tier II offense.
(2) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered a conviction for a Tier II offense:
(A) 18 U.S.C. § 1591 (sex trafficking by force, fraud or coercion)
(B) 18 U.S.C. § 2252A (production or distribution of material containing child pornography)
(C) 18 U.S.C. § 2423(b) (travel with the intent to engage in illicit sexual conduct with a minor) and
(D) 18 U.S.C. § 2423(c) (engage in illicit conduct in foreign places).
(3) Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Section 4.03(b)(1), (2), or (3) shall be considered a Tier II offense.
(c) Tier III Offenses.
(1) Recidivism and Felonies. Any sex offense that is punishable by more than one (1) year in jail where the offender has at least one (1) prior conviction for a Tier II sex offense, or has previously become a Tier II sex offender, is a Tier III offense.
(2) General Offenses. A Tier III offense includes any sex offense for which a person has been convicted in a state, local, foreign, and/or tribal jurisdiction, or an attempt or conspiracy to commit such an offense that involves:
(A) Non-parental kidnapping of a minor
(B) A sexual act with another by force or threat
(C) A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate or
(D) Sexual contact with a minor twelve (12) years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.
(3) Offenses Involving Minors. A Tier III offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 4.02(b)(4) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography, or an attempt or conspiracy to commit such an offense that involves:
(A) The use of minors in prostitution, including solicitations
(B) Enticing a minor to engage in criminal sexual activity
(C) Sexual contact with a minor thirteen (13) years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body
(D) The use of a minor in a sexual performance or
(E) The production or distribution of child pornography.
(4) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered conviction for a Tier III offense:
(A) 18 U.S.C. § 1801 (video voyeurism of a minor)
(B) 18 U.S.C. § 2241 (aggravated sexual abuse)
(C) 18 U.S.C. § 2242 (sexual abuse)
(D) 18 U.S.C. § 2243 [sexual abuse of a minor or ward where the victim is twelve (12) years of age or younger] (
E) 18 U.S.C. § 2244 [abusive sexual contact, victim under thirteen (13)]
(F) 18 U.S.C. § 2245 (offenses resulting in death)
(G) 18 U.S.C. § 2251 (sexual exploitation of children)
(H) 18 U.S.C. § 2251A (selling or buying of children)
(I) 18 U.S.C. § 2252 (material involving the sexual exploitation of a minor)
(J) 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States)
(K) 18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity)
(L) 18 U.S.C. § 2422(a) (coercion and enticement of a minor for illegal sexual activity) and
(M) 18 U.S.C. § 2423(a) (transportation of minors to engage in illicit conduct).
(5) Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Section 4.03(c)(1), (2), or (3) shall be considered a Tier III offense.
History: Tribal Act #10-28.2164, enacted by Tribal Council on July 21, 2010. As amended by Tribal Council motion on October 29, 2014 and by Tribal Council motion on January 31, 2018.