The definitions below apply to this chapter only.
An adult sex offender is "convicted" for the purposes of this
chapter if the sex offender has been subjected to penal consequences
based on the conviction, however the conviction may be styled.
A juvenile offender is "convicted" for purposes of this chapter
if the juvenile offender is either:
Prosecuted and found guilty as an adult for a sex offense; or
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 (a) or (b) of
Section 2241 of Title 18, United States Code], or was an attempt or
conspiracy to commit such an offense.
The public website maintained by the Attorney General of
the United States pursuant to 42 U.S.C. § 16920.
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.
A foreign conviction is one obtained outside of the United
States.
Within three (3) business days.
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 chapter during
their period of house arrest.
As used in this chapter, 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.
An individual who has not attained the age of 18 years.
The national data base maintained by the Attorney General
of the United States pursuant to 42 U.S.C. § 16919.
With respect to an individual, the location of the individual's
home or other place where the individual habitually lives or sleeps.
"Resides" includes individuals who spend eight (8) or more consecutive
days on tribal lands.
A person convicted of a sex offense is a "sex offender."
The registry of sex offenders and a notification program
maintained by Nottawaseppi Huron Band of the Potawatomi tribal police.
The term "sex offense," as used in this chapter, includes those offenses contained in 42 U.S.C. § 16911(5) and those offenses enumerated in § 8.7-5 of this chapter or any other covered offense under tribal law.
An offense involving consensual sexual conduct is not a sex
offense for the purposes of this chapter 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 (4) years older than the
victim.
The term "sexual act" includes:
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;
Contact between the mouth and the penis, the mouth and the vulva,
or the mouth and the anus;
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
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.
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.
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.
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.
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, or attends a course
offered by the Tribe.
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 § 8.7-6.
Individuals who reside within the exterior boundaries of the
Reservation or otherwise reside on property owned by the Tribe in
fee or trust, regardless of location; or are employed within the exterior
boundaries of the Reservation or on property owned by the Tribe in
fee or trust, regardless of location; or who attend school within
the exterior boundaries of the Reservation or on property owned by
the Tribe in fee or trust, regardless of location, that have been
convicted of any of the following offenses, or convicted of an attempt
or conspiracy to commit any of the following offenses, are subject
to the requirements of this chapter:
B.
Federal offenses. A conviction for any of the following, and any
other offense hereafter included in the definition of "sex offense"
at 42 U.S.C. § 16911(5):
(1)
18 U.S.C. § 1591 (sex trafficking of children).
(2)
18 U.S.C. § 1801 (video voyeurism of a minor).
(3)
18 U.S.C. § 2241 (aggravated sexual abuse).
(4)
18 U.S.C. § 2242 (sexual abuse).
(5)
18 U.S.C. § 2243 (sexual abuse of a minor or ward).
(6)
18 U.S.C. § 2244 (abusive sexual contact).
(7)
18 U.S.C. § 2245 (offenses resulting in death).
(8)
18 U.S.C. § 2251 (sexual exploitation of children),
(9)
18 U.S.C. § 2251A (selling or buying of children).
(10)
18 U.S.C. § 2252 (material involving the sexual exploitation
of a minor).
(11)
18 U.S.C. § 2252A (material containing child pornography).
(12)
18 U.S.C. § 2252B (misleading domain names on the
Internet).
(13)
18 U.S.C. § 2252C (misleading words or digital images
on the Internet).
(14)
18 U.S.C. § 2260 (production of sexually explicit
depictions of a minor for import into the United States).
(15)
18 U.S.C. § 2421 (transportation of a minor for illegal
sexual activity).
(16)
18 U.S.C. § 2422 (coercion and enticement of a minor
for illegal sexual activity).
(17)
18 U.S.C. § 2423 (Mann Act).
(18)
18 U.S.C. § 2424 (failure to file factual statement
about an alien individual).
(19)
18 U.S.C. § 2425 (transmitting information about a
minor to further criminal sexual conduct).
C.
Foreign offenses. Any conviction for a sex offense involving any
conduct listed in this section that was obtained under the laws of
Canada, the United Kingdom, Australia, New Zealand, or 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.
D.
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).
E.
Juvenile offenses or adjudications. Juveniles (individuals 17 years
of age or younger at the time of adjudication/conviction) do not have
to register as sex offenders under this chapter unless:
(1)
The conviction is the result of the juvenile being prosecuted in
the adult court system; or
(2)
The conviction/adjudication involves a victim that was under the
age of 13 at the time of the assault and the perpetrator was three
(3) or more years older than the victim, or the conviction/adjudication
involves a victim that was a vulnerable adult, or the conviction/adjudication
involves the use of a weapon.
F.
Jurisdiction offenses. Any sex offense committed in any jurisdiction,
including this Tribe, that involves:
(1)
Any type or degree of genital, oral or anal penetration;
(2)
Any sexual touching of or sexual contact with a person's body, either
directly or through the clothing;
(3)
Kidnapping of a minor;
(4)
False imprisonment of a minor;
(5)
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;
(6)
Use of a minor in a sexual performance;
(7)
Solicitation of a minor to practice prostitution;
(8)
Possession, production or distribution of child pornography;
(9)
Criminal sexual conduct that involves physical contact with a minor
or the use of the Internet 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;
(10)
Any conduct that by its nature is a sex offense against a minor;
or
(11)
Any offense similar to those outlined in:
(a)
18 U.S.C. § 1591 (sex trafficking by force, fraud
or coercion);
(b)
18 U.S.C. § 1801 (video voyeurism of a minor);
(c)
18 U.S.C. § 2241 (aggravated sexual abuse);
(d)
18 U.S.C. § 2242 (sexual abuse);
(e)
18 U.S.C. § 2244 (abusive sexual contact);
(f)
18 U.S.C. § 2422(a) (coercing a minor to engage in
prostitution); or
(g)
18 U.S.C. § 2423(b) (transporting a minor to engage
in illicit conduct).
G.
Offenses involving consensual sexual conduct. An offense involving
consensual sexual conduct is not a sex offense for the purposes of
this chapter 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 (4) years older than the victim.
