Definitions. The definitions below apply to this article only.
CONVICTED
(1)
An adult sex offender is convicted, for the purposes of this
article, if the sex offender has been subjected to penal consequences
based on the conviction, however the conviction may be styled.
(2)
A juvenile offender is convicted, for purposes of this article,
if the juvenile offender is either:
(a)
Prosecuted and found guilty as an adult for a sex offense; or
(b)
Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either Subsection
(a) or
(b) of 18 U.S.C. § 2241), or was an attempt or conspiracy to commit such an offense.
EMPLOYEE
The term "employee," as used in this article, includes, but
is not limited to, an individual who is self-employed or works for
any other entity, regardless of compensation. Volunteers of a tribal
agency or organization are included within the definition of "employee"
for registration purposes.
IMMEDIATE
The terms "immediate" and "immediately" mean within three
business days.
IMPRISONMENT
Refers to incarceration pursuant to a conviction, regardless
of the nature of the institution in which the offender serves the
sentence. The term is to be interpreted broadly to include, for example,
confinement in a state prison as well as in a federal, military, foreign,
BIA, private or contract facility, or a local or tribal jail. Persons
under house arrest following conviction of a covered sex offense are
required to register pursuant to the provisions of this article during
their period of house arrest.
JURISDICTION
The term "jurisdiction," as used in this article, refers
to the 50 states, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, and any Indian tribe.
MINOR
An individual who has not attained the age of 18 years.
REGISTRATION AND NOTIFICATION COMMISSION
The group of persons designated to make decisions regarding
the holding of public meetings and shall consist of the following:
(1)
Director of Menominee Tribal Social Services or a social worker
from the Department designated by the Director.
(2)
Menominee Tribal Chief of Police.
(3)
A member of the Menominee Tribal Legislature designated by the
Chairperson of the Menominee Tribal Legislature.
(4)
One to four other persons appointed by the Menominee Tribal
Legislature with experience in one of the fields of health care, education,
social services, law enforcement or corrections.
RESIDES
The term "reside" or "resides" means, with respect to an
individual, the location of the individual's home or other place
where the individual habitually lives or sleeps.
SEX OFFENDER REGISTRY
The registry of sex offenders, and a notification program,
maintained by the Menominee Tribal Police Department.
SEX OFFENSE
Except as limited by Subsection (6) or (7) of this definition:
(1)
A criminal offense that has an element involving a sexual act
or sexual contact with another.
(2)
A criminal offense that is a specified offense against a minor.
The term "specified offense against a minor" means an offense against
a minor that involves any of the following:
(a)
An offense (unless committed by a parent or guardian) involving
kidnapping.
(b)
An offense (unless committed by a parent or guardian) involving
false imprisonment.
(c)
Solicitation to engage in sexual conduct.
(d)
Use in a sexual performance.
(e)
Solicitation to practice prostitution.
(f)
Video voyeurism as described in 18 U.S.C. § 1801.
(g)
Possession, production, or distribution of child pornography.
(h)
Criminal sexual conduct involving a minor, or the use of the
Internet to facilitate or attempt such conduct.
(i)
Any conduct that by its nature is a sex offense against a minor.
(3)
A federal offense (including an offense prosecuted under 18
U.S.C. § 1152 or § 1153) under Section 1591, or
Chapter 109A, 110 (other than Section 2257, 2257A, or 2258), or 117,
of Title 18 of the United States Code.
(4)
A military offense specified by the Secretary of Defense under
Section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. § 951
note); or
(5)
An attempt or conspiracy to commit an offense described in Subsections
(1) through
(4) of this definition.
(6)
Offenses involving consensual sexual conduct. An offense involving
consensual sexual conduct is not a sex offense for the purposes of
this article if the victim was an adult, unless the adult was under
the custodial authority of the offender at the time of the offense,
or if the victim was at least 13 years old and the offender was not
more than four years older than the victim.
(7)
Foreign offenses. A foreign conviction is not a sex offense
for the purposes of this article unless it was either:
(a)
Obtained under the laws of Canada, the United Kingdom, Australia,
New Zealand; or
(b)
Under the laws of any foreign country when 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.
SEXUAL ACT
(1)
Contact between the penis and the vulva or the penis and the
anus, and for purposes of this definition, contact involving the penis
occurs upon penetration, however slight;
(2)
Contact between the mouth and the penis, the mouth and the vulva,
or the mouth and the anus;
(3)
The penetration, however slight, of the anal or genital opening
of another by a hand or finger, or by any object, with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual
desire of any person; or
(4)
The intentional touching, not through the clothing, of the genitalia
of another person that has not attained the age of 18 years with an
intent to abuse, humiliate, harass, degrade, or arouse or gratify
the sexual desire of any person.
SEXUAL CONTACT
The intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks
of any person with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desires of another person.
SMART OFFICE
The Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking, which was established within the United
States Department of Justice under the general authority of the Attorney
General of the United States pursuant to 42 U.S.C. § 16945.
SORNA
The Sex Offender Registration and Notification Act (Title
I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.
109-248), 42 U.S.C. § 16911 et seq., as amended.
STUDENT
A person who enrolls in or attends either a private or public
education institution, including a secondary school, trade or professional
school, or an institution of higher education.
TIER 1 SEX OFFENDER
A "Tier 1 sex offender," or a sex offender designated as "Tier 1," is one that has been convicted of a Tier 1 sex offense as defined in §
290-59A.
TIER 2 SEX OFFENDER
A "Tier 2 sex offender," or a sex offender designated as "Tier 2," is one that has been either convicted of a Tier 2 sex offense as defined in §
290-59B or who is subject to the recidivist provisions of §
290-59B(2).
TIER 3 SEX OFFENDER
A "Tier 3 sex offender," or a sex offender designated as "Tier 3," is one that has been either convicted of a Tier 3 sex offense as defined in §
290-59C or who is subject to the recidivist provisions of §
290-59C(2).