(1) 
Sex Offenses. A Tier 1 offense includes any sex offense that is not a Tier 2 or Tier 3 offense.
(2) 
Certain Tulalip Offenses. In addition to offenses covered by subsection (1) of this section, the following Tulalip offenses are Tier 1 offenses, unless the specific facts of the offense elevate the offense to a higher tier:
(a) 
Communication with a minor for immoral purposes;
(b) 
Indecent exposure;
(c) 
Class E assaults involving sexual contact if the victim is an adult.
(Ord. 140 § 3.03, 5-4-2012 (Res. 2012-172); Res. 2025-377)
(1) 
Recidivism. Unless otherwise covered by TTC § 3.22.110 (Tier 3), any sex offense that is not the first sex offense for which a person has been convicted is considered a Tier 2 offense.
(2) 
Offenses Involving Minors. A Tier 2 offense includes any sex offense against a minor that involves:
(a) 
The use of minors in prostitution, including solicitations;
(b) 
Enticing a minor to engage in criminal sexual activity;
(c) 
Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body;
(d) 
The use of a minor in a sexual performance;
(e) 
The production or distribution of child pornography; or
(f) 
A nonforcible sexual act with a minor 16 or 17 years old.
(3) 
Certain Tulalip Offenses. Conviction for any of the following Tulalip offenses shall be a Tier 2 offense, unless the specific facts of the offense elevate the offense to a Tier 3 offense:
(a) 
Sexual assault;
(b) 
Luring with sexual motivation;
(c) 
Voyeurism;
(d) 
Viewing depictions of a minor engaged in sexually explicit conduct;
(e) 
Possessing depictions of a minor engaged in sexually explicit conduct;
(f) 
Sending or bringing depictions of a minor engaged in sexually explicit conduct; or
(g) 
Promotion of prostitution.
(4) 
Federal Offenses. All Federal offenses will be tiered in accordance with the most current Federal tiering classification and definitions.
(5) 
Certain Military Offenses. Any military offense that is similar to those offenses outlined in subsections (1), (2) or (4) of this section shall be considered a Tier 2 offense.
(Ord. 140 § 3.04, 5-4-2012 (Res. 2012-172); Res. 2012-530; Res. 2025-377)
(1) 
Recidivism. Any sex offense where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a Tier 3 offense.
(2) 
General Offenses. A Tier 3 offense includes any sex offense that involves:
(a) 
Nonparental kidnapping of a minor;
(b) 
A sexual act with another by force or threat;
(c) 
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; or
(d) 
Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing; or
(e) 
A sexual act with a minor under 16 years of age.
(3) 
Certain Tulalip Offenses. Conviction for any of the following Tulalip offenses shall be a Tier 3 offense:
(a) 
Sexual exploitation of a minor, developmentally delayed adult or vulnerable adult;
(b) 
Aggravated sexual abuse;
(c) 
Sexual abuse;
(d) 
Sexual abuse of a minor or ward;
(e) 
Rape;
(f) 
Patronizing a child prostitute;
(g) 
Nonparental kidnapping in the first degree of a minor; or
(h) 
Incest.
(4) 
Federal Offenses. All Federal offenses will be tiered in accordance with the most current Federal tiering classification and definitions.
(5) 
Certain Military Offenses. Any military offense that is similar to those offenses outlined in subsection (1), (2), or (4) of this section shall be considered a Tier 3 offense.
(Ord. 140 § 3.05, 5-4-2012 (Res. 2012-172); Res. 2025-377)
(1) 
Reduction of Registration Periods. A sex offender may petition the Tulalip Tribal Court to have their period of registration reduced as follows:
(a) 
A Tier 2 offender may petition to have his or her period of registration reduced to 10 years if he or she has maintained a clean record for 10 consecutive years.
(b) 
A Tier 3 offender may petition to have his or her period of registration reduced to 25 years if he or she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or she has maintained a clean record for 25 consecutive years.
(c) 
The Tulalip Tribes Prosecutor’s Office shall be named and served as the respondent in any petition for reduction of a registration period.
(d) 
The Court shall hold a hearing on the petition within 90 days of its filing.
(e) 
The Court may relieve a petitioner of the duty to register only if the petitioner shows by clear and convincing evidence that the petitioner meets the requirements of reduction pursuant to subsection (1)(a) or (1)(b) of this section, is rehabilitated, and does not pose a threat to the safety of the public. In determining whether the petitioner is sufficiently rehabilitated, the following factors are provided as guidance to assist the Court in making its determination:
(i) 
The nature of the registrable offense committed, including the number of victims and the length of the offense history;
(ii) 
Any subsequent criminal history;
(iii) 
The petitioner’s compliance with supervision requirements;
(iv) 
Any input from community corrections officers, law enforcement, or treatment providers;
(v) 
Participation in sex offender treatment;
(vi) 
Participation in other treatment and rehabilitative programs;
(vii) 
The offender’s stability in employment and housing;
(viii) 
The offender’s community and personal support system;
(ix) 
Any risk assessments or evaluations prepared by a qualified professional;
(x) 
Any updated polygraph examination;
(xi) 
Any input of the victim;
(xii) 
Any other factors the Court may consider relevant.
(f) 
If the Court relieves the petitioner of his or her registration requirement, the Court shall send a certified copy of the court order to the Tulalip Police Department.
(g) 
If a person is relieved of the duty to register, the relief of registration does not constitute a certificate of rehabilitation, or the equivalent of a certificate of rehabilitation, for the purposes of restoration of firearm possession.
(2) 
Clean Record. A sex offender has a clean record if:
(a) 
He or she has not been convicted of any offense for which imprisonment for more than one year may be imposed;
(b) 
He or she has not been convicted of any offense of a violent nature;
(c) 
He or she has no pending criminal charges;
(d) 
He or she has not been convicted of any other sex offense;
(e) 
He or she has successfully completed, without revocation, any period of supervised release, probation, or parole; and
(f) 
He or she has successfully completed an appropriate sex offender treatment program certified by the Tulalip Tribes or licensed by a state.
(Ord. 140 § 3.06, 5-4-2012 (Res. 2012-172); Res. 2025-377)
(1) 
Not Guilty by Reason of Insanity. If a defendant is found not guilty by reason of insanity for any registerable offense, the defendant shall register as a sex offender.
(2) 
Incompetence. If a defendant is found incompetent to stand trial for any registerable offense, and confessed to the crime orally, and the confession is recorded, or confessed in writing, the defendant shall register as a sex offender.
(Ord. 140 § 3.07, 5-4-2012 (Res. 2012-172); Res. 2025-377)
A person appealing their conviction for a sex offense must register as a sex offender pending the final outcome of their appeal, including during the pendency of any retrial.
(Ord. 140 § 3.08, 5-4-2012 (Res. 2012-172); Res. 2025-377)