Statutes | Kalispel Tribe Law and Order Code Chapter 9A § 9A-3 §§ 9A-3.03 | 2020

(1) Recidivism and Felonies: Unless otherwise covered by section 9A-3.04, any sex offense, which is not the first sex offense for which a person has been convicted of, is considered to be a Tier 2 offense. 

(2) Offenses Involving Minors:  A Tier 2 offense includes any sex offense against a minor 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 offense, that involves:

     (A) The use of minors in prostitution, including solicitations,

     (B) Enticing a minor to engage in criminal sexual activity,

     (C) A non-forcible sexual act with a minor 16 or 17 years old, 

     (D) Sexual contact with a minor 13 years of age or older, whether direct or through the clothing, that involves the intimate parts of the body,

     (E) The use of a minor in a sexual performance, or

     (F) The production for distribution of child pornography.

(3) Certain Federal Offenses: Conviction for any of the following federal offenses shall be considered a conviction for a Tier 2 offense:

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

     (B) 18 U.S.C. §2244 (abusive sexual contact, victim 13 years of age or older),

     (C) 18 U.S.C. §2251 (sexual exploitation of children),

     (D) 18 U.S.C. §2251A (selling or buying of children),
     (E) 18 U.S.C. §2252 (production or distribution of material involving the sexual exploitation of a minor),

     (F) 18 U.S.C. §2252A (production or distribution of material containing child pornography),

     (G) 18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the united states),

     (H) 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),

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

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

     (K) 18 U.S.C. §2423(d) (Transportation of a minor - ancillary offenses)

(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-3.03 (1), (2), or (3). shall be considered a Tier 2 offense.