Statutes | WOTCL Title IX Chapter 8 ยง 9.806 | 2020

A. Sex offenders present various "Levels of Risk" to the Tribal community. The Tribe shall assign a tier to each offender based on the tier allocated within this Statute, whether the person is convicted on a new charge, incarcerated, recaptured or changes their residency, employment or school enrollment within LTBB&rsquos jurisdiction, based on the following classifications, such tier assignments may be appeal to the Tribal Court:
            1. Tier I: Level of Concern lower risk to re-offend within the community at large and includes such offense, including convictions for attempt or conspiracy to commit such offenses as:
                        a. False imprisonment of a minor.
                        b. Video voyeurism of a minor.
                        c. Possession or receipt of child pornography, and the following federal offenses:
                        d. 18 USC § 1801 (video voyeurism of a minor).
                        e. 18 USC § 2252 (receipt or possession of child pornography).
                        f. 18 USC §2252A (receipt or possession of child pornography).
                        g. 18 USC §2252B (misleading domain name).
                        h. 18 USC §2252C (misleading words or digital images).
                        i. 18 USC § 2422(a) (coercion to engage in prostitution).
                        j. 18 USC § 2423(b) (travel with the intent to engage in illicit conduct).
                        k. 18 USC § 2423(c) (engaging in illicit conduct in foreign places).
                        l. 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).
                        m. 18 USC §2424 (filing factual statement about an alien individual).
                        n. 18 USC §2425 (transmitting information about a minor to further criminal sexual conduct).
                        o. Any comparable military offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (USC § 951 note).
            2. Tier II: Level of Concern moderate risk to re-offend within the community at large and includes such offence, including convictions for attempt or conspiracy to commit such offences as:
                        a. A person previously convicted of a Tier I offense who current sex offense conviction is punishable by more than one year imprisonment.
                        b. The use of minors in prostitution (to include solicitations).
                        c. Enticing a minor to engage in criminal sexual activity.
                        d. A non-forcible sexual act with a minor sixteen (16) or seventeen (17) years old.                    e. Sexual contact with a minor thirteen (13) years or older.
                         f. The use of a minor in a sexual performance.
                        g. The production or distribution of child pornography, or the following federal offenses:
                        h. 18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion).
                        i. 18 USC § 2244 (abusive sexual contact, victim thirteen (13) years or older).
                        j. 18 USC § 2251 (sexual exploitation of children).
                        k. 18 USC § 2251A (selling or buying children).
                        l. 18 USC § 2252 (sale or distribution of child pornography).
                        m. 18 USC §2252A (sale or distribution of material containing child pornography).
                        n. 18 USC § 2260 (producing child pornography for import).
                        o. 18 USC § 2421 (transportation for prostitution).
                        p. 18 USC § 2422(b) (coercing a minor to engage in illicit conduct).
                        q. 18 USC §2423(a) (transporting a minor to engage in illicit conduct).
                        r. 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).                              s. Any comparable military offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (USC § 951 note).
            3. Tier III: Level of Concern high risk to re-offend within the community at large and includes such offence, including convictions for attempt or conspiracy to commit such offences as:
                        a. Any person convicted of a Tier II offense whose current sex offense conviction is punishable by more than one year imprisonment.
                        b. Non-parental kidnapping of a minor.
                        c. Any sexual act with another.
                        d. Sexual contact with a minor under thirteen (13) years of age, or the following federal offenses:
                        e. 18 USC § 2241 (aggravated sexual abuse).
                        f. 18 USC § 2242 (sexual abuse).
                        g. 18 USC § 2243 (sexual abuse of a minor).
                        h. 18 USC § 2244 (abusive sexual contact, victim under thirteen (13) years of age).
                        i. Any comparable military offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (USC § 951 note).
 
B. Verifications and In-person Appearances. A sex offender who is or should be registered shall, at a minimum, appear in person at the Department for purposes of keeping registration current in accordance with the following time frames:
            1. Tier I offenses include those offenses punishable by less than one year of imprisonment. Persons convicted of such offenses must register at least once a year for fifteen (15) years.
            2. Tier II and Tier III offenses include offenses punishable by a term of imprisonment of one year or greater. Tier II sex offenders must register every six months for twenty-five (25) years.
            4. Tier III sex offenders have lifetime registration requirements and must register at least every three (3) months.
            4. At each in-person appearance, the Department shall:
                        a. Obtain a current photograph of the sex offender.
                        b. Review of Information. At each in-person appearance, the sex offender shall review existing information for accuracy.
 
C. Notification. If any new information or change in information is obtained at an in person verification, and upon entry of the sex offenders information in to the registry, that information is immediately forwarded to all other registration jurisdictions of the information or change in information.
 
(Source: WOS 2012-008, August 5, 2012, Section VI)