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."
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:
(i) 
Prosecuted and found guilty as an adult for a sex offense; or
(ii) 
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).
(i) 
"Minor."
The term “minor” means an individual who has not attained the age of 18 years.
(j) 
"NCIC."
The National Crime Information Center.
(k) 
"NSOR."
The National Sex Offender Registry, a national database maintained by the Federal Bureau of Investigation pursuant to 42 U.S.C. § 16919.
(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."
The term “sexual act” means:
(i) 
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;
(ii) 
Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(iii) 
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
(iv) 
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.
(q) 
"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. § 16901 et seq., as amended.
(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.)
(a) 
Port Gamble S’Klallam Tribal Offenses. The following tribal offenses, or any other offense hereafter included in the definition of “sex offense,” in Title 5 of the Port Gamble S’Klallam Law and Order Code or which meets the definition of “sex offense” under 42 U.S.C. § 16911(5):
(i) 
Section 5.07.04 (Rape in the First Degree),
(ii) 
Section 5.07.05 (Rape in the Second Degree),
(iii) 
Section 5.07.06 (Rape in the Third Degree),
(iv) 
Section 5.07.07 (Rape of a Child in the First Degree),
(v) 
Section 5.07.08 (Rape of a Child in the Second Degree),
(vi) 
Section 5.07.09 (Rape of a Child in the Third Degree),
(vii) 
Section 5.07.10 (Child Molestation),
(viii) 
Section 5.07.11 (Luring),
(ix) 
Section 5.07.12 (Abusive Sexual Touching),
(x) 
Section 5.07.13 (Indecent Exposure),
(xi) 
Section 5.07.14 (Voyeurism),
(xii) 
Section 5.07.15 (Sexually Explicit Communication with a Minor),
(xiii) 
Section 5.07.16 (Possession or Viewing of Child Pornography),
(xiv) 
Section 5.07.17 (Prostitution),
(xv) 
Section 5.07.20 (Promoting Prostitution in the First Degree),
(xvi) 
Section 5.07.21 (Promoting Prostitution in the Second Degree),
(xvii) 
Section 5.07.22 (Permitting Prostitution), and
(xviii) 
Section 5.07.23 (Sex Trafficking);
And the following offenses, where sexual conduct, context or intent was part of the factual basis for conviction:
(xix) 
Section 5.01.07 (Reckless Endangerment),
(xx) 
Section 5.01.10 (Custodial Interference), and
(xxi) 
Section 5.01.11 (Endangering the Welfare of a Child);
And the following offenses, when committed against a minor by a person other than the minor's parent or guardian:
(xxii) 
Section 5.01.08 (Kidnapping), and
(xxiii) 
Section 5.01.09 (Unlawful Detainment).
(b) 
Federal Offenses. A federal offense under Title 18 of the United State Code of the following sections, including any offenses prosecuted under the Assimilative Crimes Act (18 U.S.C. § 1152 or § 1153):
(i) 
§ 1591 (sex trafficking of children or by force, fraud, or coercion),
(ii) 
§ 1801 (video voyeurism of a minor),
(iii) 
§ 2241 (aggravated sexual abuse),
(iv) 
§ 2242 (sexual abuse),
(v) 
§ 2243 (sexual abuse of a minor or ward),
(vi) 
§ 2244 (abusive sexual contact),
(vii) 
§ 2245 (offenses resulting in death),
(viii) 
§ 2251 (sexual exploitation of children),
(ix) 
§ 2251A (selling or buying of children),
(x) 
§ 2252 (material involving the sexual exploitation of minors),
(xi) 
§ 2252A (material constituting or containing child pornography),
(xii) 
§ 2252B (misleading domain names on the internet),
(xiii) 
§ 2252C (misleading words or digital images on the internet),
(xiv) 
§ 2260 (production of sexually explicit depictions of a minor for import into the United States),
(xv) 
§ 2421 (transportation for illegal sexual activity),
(xvi) 
§ 2422 (coercion and enticement for illegal sexual activity),
(xvii) 
§ 2423 (transportation of minors for illegal sexual activity),
(xviii) 
§ 2424 (failure to file statement about an alien individual),
(xix) 
§ 2425 (use of interstate facilities to transmit information about a minor), or
(xx) 
Any other offense that meets the definition of “sex offense” under 42 U.S.C. § 16911(5).
(c) 
Military Offenses. Any 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), as amended, including but not limited to any offense designated in Department of Defense Instruction 1325.07, Appendix 4 to Enclosure 2 (2013), as it may be amended.
(d) 
Categorical Offenses. Any offense committed in any jurisdiction, including Washington State, that involves:
(i) 
Any conduct that by its nature is a sex offense against a minor,
(ii) 
Any type or degree of genital, oral, or anal penetration,
(iii) 
Any sexual touching of or sexual contact with a person’s body, either directly or through the clothing,
(iv) 
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 in which the victim was minor at the time of the offense,
(v) 
False imprisonment of a minor,
(vi) 
Kidnapping of a minor,
(vii) 
Possession, production, or distribution of child pornography,
(viii) 
Solicitation of a minor to practice prostitution,
(ix) 
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,
(x) 
Use of minor in a sexual performance, or
(xi) 
Any offense similar to those outlined in:
i. 
18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion)
ii. 
18 U.S.C. § 1801 (video voyeurism of a minor)
iii. 
18 U.S.C. § 2241 (aggravated sexual abuse)
iv. 
18 U.S.C. § 2242 (sexual abuse)
v. 
18 U.S.C. § 2244 (abusive sexual contact)
vi. 
18 U.S.C. § 2422(b) (coercion of a minor to engage in prostitution), or
vii. 
18 U.S.C. § 2423(a) (transportation of a minor with intent to engage in criminal sexual activity).
(e) 
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, or 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.