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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Sex Offender Registration Code

Chapter 2. Terminology and Covered Offenses
Section 201. Definitions

Section 202. Covered Offenses

AST SEX OFFENDER Code Section 201
Section 201. Definitions

The Definitions below apply to this Tribal Sex Offender Code only.

A. Convicted. An adult sex offender is “convicted” for the purposes of this code 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 code if the juvenile offender is either:

1. Prosecuted and found guilty as an adult for a sex offense; or

2. 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. Foreign Convictions. A foreign conviction is one obtained outside of the United States.

C. Employee. The term “employee” as used in this code 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.

D. Immediate. “Immediate” and “immediately” mean within 3 business days.

E. 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 code during their period of “house arrest”.

F. Jurisdiction. The term “jurisdiction” as used in this code 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.

G. Minor. The term “minor” means an individual who has not attained the age of 18 years.

H. 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. This includes vacation homes, hunting locations, and sex offenders who stay on Absentee Shawnee trust land, restricted land or fee land for period of twelve (12) hours or more.

I. Sex Offense. The term “sex offense” as used in this code includes those offenses contained in 42 U.S.C. § 16911(5) and those offenses enumerated in Section 2.02 of this Code/Title or any other covered offense under tribal law.

An offense involving consensual sexual conduct is not a sex offense for the purposes of this Tribal Sex Offender Code 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 4 years older than the victim.

J. Sex Offender. A person convicted of a sex offense is a “sex offender”.

K. Sexual Act. The term “sexual act” means:

1. 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;

2. contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

3. 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

4. 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.

L. 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 another person.

M. 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, including interns from any of these institutions.

N. 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. § 16911 et seq., as amended.

O. Sex Offender Registry. The term “sex offender registry” means the registry of sex offenders, and a notification program, maintained by Absentee Shawnee Tribal Police Department.

P. National Sex Offender Registry (NSOR). The national database maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16919.

Q. “Sex Offense”. Except as limited by subparagraph 6 or 7, the term “sex offense” means:

1. A criminal offense that has an element involving a sexual act or sexual contact with another:

2. A criminal offense that is a “specified offense against a minor”. The term “specified offense against a minor” means an offense against a minor that involves any of the following:

a. An offense (unless committed by a parent or guardian) involving kidnapping.

b. An offense (unless committed by a parent or guardian) involving false imprisonment.

c. Solicitation to engage in sexual conduct.

d. Use in a sexual performance.

e. Solicitation to practice prostitution.

f. Video voyeurism as described in 18 U.S.C. § 1801.

g. Possession, production, or distribution of child pornography.

h. Criminal sexual conduct involving a minor, nor the use of the Internet to facilitate or attempt such conduct.

i. Any conduct that by its nature is a sex offense against a minor;

3. A Federal offense (including an offense prosecuted under Section 1152 or 1153 of Title 18 of the United States Code) under Section 1591, or Chapter 109A, 110 (other than Section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code;

4. A 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); or

5. An attempt or conspiracy to commit an offense described in clauses (1) through (4).

6. Offenses involving Consensual Sexual Conduct. An offense involving consensual sexual conduct is not a sex offense for the purposes of this Tribal Sex Offender Code 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 thirteen (13) years old and the offender was not more than four (4) years older than the victim.

7. Foreign Offenses. A foreign conviction is not a sex offense for the purposes of this code/ordinance unless it was either:

a. Obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or

b. 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.

R. SMART Office. 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.

S. 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.

T. “Tier 1 Sex Offender”. 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 Section 3.01.

U. “Tier 2 Sex Offender”. A “tier 2 sex offender”, or a “sex offender” designated as “tier 2”, is one that has been either convicted of a “tier 2” sex offense as defined in Section 3.02, or who is subject to the recidivist provisions of 3.02(B).

V. “Tier 3 Sex Offender”. A “tier 3 sex offender”, or a “sex offender” designated as “tier 3”, is one that has been either convicted of a “tier 3” sex offense as defined in Section 3.03, or who is subject to the recidivist provisions of 3.03(B).

Absentee Shawnee Sex Offender Code Section 201, AST SEX OFFENDER Code Section 201

 

 

 




AST SEX OFFENDER Code Section 202
Section 202. Covered Offenses

Individuals who reside within the exterior boundaries of the reservation or otherwise reside on property owned by the Tribe in fee, restricted status or trust regardless of location, are employed within the exterior boundaries of the reservation or on property owned by the Tribe in fee, restricted status 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, restricted status 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 code:

A. Tribal offenses. A conviction of any of the following:

1. Criminal Offense Code: Chapter 2, Section 231 (Rape in the First Degree)

2. Criminal Offense Code: Chapter 2, Section 232 (Rape in the Second Degree)

3. Criminal Offense Code: Chapter 2, Section 233 (Deviate Sexual Intercourse)

4. Criminal Offense Code: Chapter 2, Section 234 (Sexual Assault)

5. Criminal Offense Code: Chapter 5, Section 527 (Prostitution)

6. Criminal Offense Code: Chapter 5, Section 568 (Trafficking in Children)

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 U.S.),

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. State Offenses. Any conviction for a sex offense involving any conduct listed in this section that was obtained under the laws of any state or territory in the United States.

D. 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.

E. 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).

F. Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. § 2241) and committed by a minor who is 14 years of age or older at the time of the offense. This includes engaging in a sexual act with another by force or the threat of serious violence; or engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim.

G. 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:

j. 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion),

k. 18 U.S.C. § 1801 (video voyeurism of a minor),

l. 18 U.S.C. § 2241 (aggravated sexual abuse),

m. 18 U.S.C. § 2242 (sexual abuse),

n. 18 U.S.C. § 2244 (abusive sexual contact),

o. 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution),

p. 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct), or

q. 19 U.S.C. § 2243 (sexual abuse of a minor or ward).

Absentee Shawnee Sex Offender Code Section 202, AST SEX OFFENDER Code Section 202

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