Statutes | Kalispel Tribe Law and Order Code Chapter 9A § 9A-3 §§ 9A-3.04 | 2020
(1) Recidivism and Felonies: Any sex offense that is punishable by more than one year in jail 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 Offense: A Tier 3 offense includes any sex offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to section 9A-2.02(3), or an attempt or conspiracy to commit such an offense, that involves:
(A) Non-parental 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 clothing.
(3) Certain Federal Offenses: Conviction of any of the following federal offenses shall be considered conviction for a Tier 3 offense:
(A) 18 U.S.C. §2241 (aggravated sexual abuse),
(B) 18 U.S.C. §2242 (sexual abuse),
(C) 18 U.S.C. §2243 (sexual abuse of a minor or ward), or
(D) 18 U.S.C. §2244 (abusive sexual contact) where the victim is 12 years of age or younger.
(4) Certain Military Offenses: Any Military offenses specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Pub. L. 105-119, (codified at 10 U.S.C. §951 note), that is similar to those outlined in 9A-3.04 (1), (2), or (3) shall be considered a Tier 3 offense.