A.
A person commits the offense of sexual assault if he or she subjects
another person to any sexual contact and he or she:
(1)
Knows or reasonably should know that the sexual contact is offensive
to the victim; or
(2)
Has substantially impaired the victim's power to appraise or
control either person's conduct by administering or employing
without consent or knowledge of the victim any controlled substance,
intoxicant or other means for the purpose of preventing awareness
or resistance; or
(3)
Knows or reasonably should know that the victim is of such a state
of consciousness or of mind, or that the victim suffers from such
mental disease or defect, which renders the victim incapable of recognizing
the nature of either person's conduct; or
(4)
Is in a position of authority over the victim and uses this authority
to coerce the victim to submit; or
(5)
The victim is less than 16 years of age and the defendant is over
21 years of age.
B.
"Sexual contact" as used in this section means any touching of the
genitals or other intimate parts of the person with the intent of
arousing or gratifying sexual desire.
C.
Sexual assault is a felony.
A.
A person commits the offense of prostitution if that person:
(1)
Solicits another person to engage in sexual activity in exchange
for money or any other thing of consideration or value; or
(2)
Arranges or offers to arrange a meeting between two or more persons
for the purpose of engaging in sexual activity in exchange for money
or any other thing of consideration or value; or
(3)
Engages in sexual activity in exchange for money or any other thing
of consideration or value.
B.
"Sexual activity" as used in this section means sexual contact between human beings, consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus, and includes any sexual contact as defined in § 8.6-53. For the purposes of this chapter, sexual contact between the penis and the vulva, or between the penis and the anus, occurs upon penetration, however slight. Emission is not required.
C.
Prostitution and patronizing a prostitute are Class A misdemeanors.
A.
Any adult or juvenile residing on the tribal lands who has been convicted of sexual assault under this chapter, including an attempt under § 8.6-7, or who has been convicted of two or more offenses under § 8.6-54 (indecent exposure) or § 8.6-55 (prostitution and patronizing a prostitute) of this chapter, or who has been convicted in a federal, state or other tribal court that under the laws of the Tribe or the laws of the jurisdiction in which the conviction occurred would be an offense as defined under the above-noted sections, shall register with the Tribal Police Department as a sex offender.
B.
A person shall provide the Tribal Police Department with the following
information when registering under this section: (1) name; (2) address;
(3) date and place of birth; (4) place of employment; (5) crime for
which convicted; (6) date and place of conviction; (7) aliases used;
(8) social security number; and (9) age and sex of victims. Upon registration,
the Tribal Police Department shall obtain a photograph, a DNA sample
and a copy of the fingerprints of the offender. The Tribal Police
Department shall also obtain any other information or requirements
as may be mandated by the Tribe's Sex Offender Registration Code.[1]
C.
A person required to register under this section shall do so:
(1)
Within twenty-four (24) hours of release, if the offender is in custody
as a result of the offense in any state, federal or other jurisdiction
facility. The agency that has jurisdiction over the offender shall
provide notice to the sex offender of the duty to register.
(2)
Immediately upon completion of being sentenced, if the offender is
not sentenced to serve a term of confinement.
(3)
Within twenty-four (24) hours of establishing or reestablishing residence
on tribal lands.
D.
If any person required to register under this section changes his
or her residence address following such registration, the offender
must present in person a notice of the change of address and his or
her new address to the Tribal Police Department within ten (10) days
prior to establishing the new residence.
E.
Failure to register as provided under this section constitutes a
per se violation of this section and is punishable as a Class A misdemeanor.
F.
The Chief of Police or his designee is authorized to publish or distribute the registration information given under Subsection B above. The registration information shall be available to the public at the Tribal Police Department, the Tribal Administration Building, tribal community centers and all schools on or near tribal lands. The Chief of Police shall be authorized to share the registration information with any law enforcement agency.
