The Definitions below apply only to this Title and any accompanying administrative policies or procedures which are adopted to carry out its terms.
(a) "Convicted."(i) (ii)
An adult sex offender is “convicted” for the purposes of this Title if the sex offender has been subjected to any form of punishment, restitution, community service, court supervision or other penal consequences based on the conviction. A juvenile offender is “convicted” for purposes of this Title 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.
(b) "Police Department."
The Port Gamble S’Klallam Police Department.
(c) "Dru Sjodin National Sex Offender Public Website (NSOPW)."
The public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920.
(d) "Employee."
The term “employee” as used in this Title 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.
(e) "Foreign Convictions."
A foreign conviction is one obtained outside of the United States.
(f) "Immediate."
“Immediate” and “immediately” mean within 3 business days.
(g) "Imprisonment."
The term “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 Title during their period of house arrest.
(h) "Jurisdiction."
The term “jurisdiction” as used in this Title to refer to a governmental entity, 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 that elected to function as a SORNA registration and notification jurisdiction pursuant to PL 109-248 Section 127 (42 USC § 16927).
(l) "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. An individual is deemed to “reside” on the tribal lands of the Port Gamble S’Klallam Tribe for the purposes of this Title if the individual is present on tribal lands for more than 72 consecutive hours, sleeps on tribal lands more than 3 nights in a 7-day period, or sleeps on tribal lands more than 7 nights in a 30-day period.
(m) "Sex Offense."
The term “sex offense” as used in this Title includes those offenses contained in 42 U.S.C. § 16911(5) (as amended), those offenses described in Section 6.02.02 and any other registrable offense under tribal law. This includes any attempt or conspiracy to commit any of the aforementioned offenses. However, an offense involving consensual sexual conduct is not a sex offense for the purposes of this Title if 1) the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or 2) if the victim was at least thirteen years old and the offender was not more than four years older than the victim.
(n) "Sex Offender."
A person convicted of a sex offense is a “sex offender,” regardless of tribal enrollment or lack thereof.
(o) "Sexual Act."(i) (ii) (iii) (iv)
The term “sexual act” means:
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.
(p) "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 any person.
(r) "Student."
A “student” is 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.
(s) “Tier I Sex Offender.”
A “tier I sex offender”, or a “sex offender” designated as “tier I”, is one that has been convicted of a “tier I” sex offense as defined in Section 6.03.01.
(t) “Tier II Sex Offender.”
A “tier II sex offender”, or a “sex offender” designated as “tier II”, is one that has been convicted of a “tier II” sex offense as defined in Section 6.03.02.
(u) “Tier III Sex Offender.”
A “tier III sex offender”, or a “sex offender” designated as “tier III”, is one that has been convicted of a “tier III” sex offense as defined in Section 6.03.03.
(Modifications to Sec. 6.02.01 were enacted by Res. 21-A-021, 3/08/2021, to define "reside" to mean if present on tribal lands for more than 72 consecutive hours, sleeps on tribal land for more than 3 nights in a 7-day period, or sleeps on tribal land more than 7 nights in a 30-day period.)