Statutes | Kalispel Tribe Law and Order Code Chapter 9A § 9A-2 §§ 9A-2.02 | 2020
Offenders who reside or are employees or students within the Reservation 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 chapter:
(1) Tribal Offenses: Any offense listed in the Kalispel Tribes Criminal Code that contains a sexual act.
(2) 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):
(A) 18 U.S.C. §1591 (sex trafficking of children),
(B) 18 U.S.C. §1801 (video voyeurism of a minor),
(C) 18 U.S.C. §2241 (aggravated sexual abuse),
(D) 18 U.S.C. §2242 (sexual abuse),
(E) 18 U.S.C. §2243 (sexual abuse of a minor or ward),
(F) 18 U.S.C. §2244 (abusive sexual contact),
(G) 18 U.S.C. §2245 (offenses resulting in death in context of a sex crime),
(H) 18 U.S.C. §2251 (sexual exploitation of children),
(I) 18 U.S.C. §2251A (selling or buying of children),
(J) 18 U.S.C. §2252 (material involving the sexual exploitation of a minor),
(K) 18 U.S.C. §2252A (material containing child pornography),
(L) 18 U.S.C. §2252B (misleading domain names on the internet),
(M) 18 U.S.C. §2252C (misleading words or digital images on the internet),
(N) 18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the United States),
(O) 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),
(P) 18 U.S.C. §2422 (coercion and enticement of a minor for illegal sexual activity),
(Q) 18 U.S.C §2423 (transportation of minors),
(R) U.S.C. §2424 (failure to file factual statement about an alien individual),
(S) 18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct).
(3) Foreign Offenses: Any conviction for a sex offense involving any conduct listed in this section under 9A-2.02 (6). 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.
(4) Military Offenses: Any military offense 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).
(5) Juvenile Offenses or Adjudications: Any sex offense, or attempt or conspiracy to commit a sex offense committed by a minor who is 14 years of age or older at the time of the offense.
(6) Jurisdiction Offenses: Any sex offense committed in any jurisdiction that involves:
(A) Any type or degree of genital, oral, or anal penetration,
(B) Any sexual touching of or contact with a persons body, either directly or through the clothing,
(C) Kidnapping of a minor,
(D) False imprisonment of a minor,
(E) Solicitation to engage a minor is sexual conduct understood broadly to include any direction, request, enticement, persuasion or encouragement of a minor to engage in sexual conduct,
(F) Use of a minor in a sexual performance,
(G) Solicitation of a minor to practice prostitution,
(H) Possession, production, or distribution of child pornography,
(I) 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,
(J) Any conduct that by its nature is a sex offense against a minor, and
(K) Any offense similar to those outlined in:
(i) 18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),
(ii) 18 U.S.C. §1801 (video voyeurism of a minor),
(iii) 18 U.S.C. §2241 (aggravated sexual abuse),
(iv) 18 U.S.C. §2242 (sexual abuse),
(v) 18 U.S.C. §2243 (sexual abuse of a minor or ward),
(vi) 18 U.S.C. §2244 (abusive sexual contact),
(vii) 18 U.S.C. §2422(b) (coercing a minor to engage in prostitution), or
(viii) 18 U.S.C. §2423(a) (transporting a minor with intent to engage in criminal sexual activity).