A conviction for the following offenses, or an attempt or conspiracy to commit such an offense, shall be considered a Tier I offense unless it could also be considered a higher Tier offense, in which case the highest applicable Tier shall apply:
(a) 
Sex Offenses. A Tier I offense includes any sex offense that is not a Tier II or Tier III offense.
(b) 
Offenses Involving Minors. Any offense that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography shall be considered a Tier I offense.
(c) 
Tribal Offenses. Any tribal sex offense not covered by Sections 6.03.02 or 6.03.03.
(d) 
Certain Federal Offenses.
(i) 
18 U.S.C. § 1801 (video voyeurism of a minor),
(ii) 
18 U.S.C. § 2252 (receipt or possession of child pornography),
(iii) 
18 U.S.C. § 2252A (receipt or possession of child pornography),
(iv) 
18 U.S.C. § 2252B (misleading domain names on the internet),
(v) 
18 U.S.C. § 2252C (misleading words or digital images on the internet),
(vi) 
18 U.S.C. § 2422(a) (coercion and enticement of an adult to engage in prostitution),
(vii) 
18 U.S.C. § 2423(b) (travel with the intent to engage in illicit sexual conduct),
(viii) 
18 U.S.C. § 2423(c) (engaging in illicit conduct in foreign places),
(ix) 
18 U.S.C. § 2423(d) (arranging, inducing, procuring, or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain),
(x) 
18 U.S.C. § 2424 (failure to file factual statement about an alien individual),
(xi) 
18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
(e) 
Certain 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) that is similar to those offenses outlined in Section 6.03.01(b), (c), or (d) shall be considered a Tier I offense.
A conviction for the following offenses, or an attempt or conspiracy to commit such an offense, shall be considered a Tier II offense, if it does not qualify as a Tier III offense:
(a) 
Felonies. Unless otherwise covered by Section 6.03.03, any sex offense that is punishable by more than one year in jail is considered a Tier II offense.
(b) 
Recidivism. Unless otherwise covered by Section 6.03.03, if an offender has previously been convicted of a sex offense, and the current conviction is for a sex offense, the current conviction is considered a Tier II offense.
(c) 
Tribal Offenses. Any of the following sex offenses, unless the offense involves one or more of the elements listed in Section 6.03.03(c):
(i) 
Section 5.07.06 (Rape in the Third Degree),
(ii) 
Section 5.07.08 (Rape of a Child in the Second Degree),
(iii) 
Section 5.07.09 (Rape of a Child in the Third Degree),
(iv) 
Section 5.07.12 (Abusive Sexual Touching),
(v) 
Section 5.07.16 (Possession or Viewing of Child Pornography),
(vi) 
Section 5.07.20 (Promoting Prostitution in the First Degree).
(d) 
Offenses Involving Minors. A Tier II offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense that involves:
(i) 
The use of minors in prostitution, including solicitations,
(ii) 
Enticing a minor to engage in criminal sexual activity,
(iii) 
A non-forcible Sexual Act with a minor 16 or 17 years old,
(iv) 
Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing,
(v) 
The use of a minor in a sexual performance,
(vi) 
The production or distribution of child pornography,
(vii) 
Any other offense defined as a Tier II offense under 42 U.S.C. § 16911(3) as it may be amended.
(e) 
Certain Federal Offenses. The following federal offenses shall be considered Tier II offenses:
(i) 
18 U.S.C. § 1591 (sex trafficking of children by force, fraud, or coercion),
(ii) 
18 U.S.C. § 2244 (Abusive sexual contact, where the victim is 13 years of age or older),
(iii) 
18 U.S.C. § 2251 (sexual exploitation of children),
(iv) 
18 U.S.C. § 2251A (selling or buying of children),
(v) 
18 U.S.C. § 2252 (production or distribution of child pornography),
(vi) 
18 U.S.C. § 2252A (production or distribution of material containing child pornography),
(vii) 
18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States),
(viii) 
18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity),
(ix) 
18 U.S.C. § 2422(b) (coercion and enticement of a minor to engage in prostitution),
(x) 
18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct),
(xi) 
18 U.S.C. § 2423(d) (ancillary offenses where the victim is under 18),
(xii) 
Any other offense defined as a Tier II offense under 42 U.S.C. § 16911(3) as it may be amended.
(f) 
Certain 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) that is similar to those offenses outlined in Section 6.03.02(c), (d), or (e) shall be considered a Tier II offense.
(Modifications to Sec. 6.03.02 were enacted by Res. 21-A-021, 3/8/2021, to include a conviction for an attempt or conspiracy to be considered a Tier II offense, if it does not qualify as a Tier III offense. Modification also changed the following crimes from Tier I to Tier II: Rape in the Third Degree; Rape of a Child in the Second Degree; Rape of a Child in the Third Degree; Possession or Viewing of Child Pornography; and, Abusive Sexual Touching.)
A conviction for the following offenses, or an attempt or conspiracy to commit such an offense, shall be considered a Tier III offense:
(a) 
Recidivism. If an offender has at least one prior conviction for a Tier II sex offense, or has previously become a Tier II sex offender, any additional sex offense punishable by imprisonment for more than 1 year is a Tier III offense.
(b) 
Tribal Offense. The following tribal offenses are Tier III offenses:
(i) 
Section 5.07.04 (Rape in the First Degree),
(ii) 
Section 5.07.05 (Rape in the Second Degree),
(iii) 
Section 5.07.07 (Rape of a Child in the First Degree),
(iv) 
Section 5.07.23 (Sex Trafficking).
(c) 
Categorical Offenses. A Tier III offense includes any sex offense that involves:
(i) 
Non-parental kidnapping of a minor,
(ii) 
A sexual act with another by force or threat,
(iii) 
A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate,
(iv) 
Sexual contact with a minor 12 years of age or younger either directly or through the clothing, or
(v) 
Any other offense defined as a Tier III offense under 42 U.S.C. § 16911(4), as it may be amended.
(d) 
Certain Federal Offenses. The following offenses shall be considered Tier III offenses:
(i) 
18 U.S.C. § 2241 (aggravated sexual abuse),
(ii) 
18 U.S.C. § 2242 (sexual abuse),
(iii) 
18 U.S.C. § 2243 (sexual abuse of a minor or ward),
(iv) 
Where the victim is 12 years of age or younger, 18 U.S.C. § 2244 (abusive sexual contact), or
(v) 
Any other offense defined as a Tier III offense under 42 U.S.C. § 16911(4), as it may be amended.
(e) 
Certain 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) that is similar to those offenses outlined in Section 6.03.03(b), (c) or (d) shall be considered a “Tier III” offense.