Statutes | Kalispel Tribe Law and Order Code Chapter 9A § 9A-2 §§ 9A-2.01 | 2020
The definitions below apply to this chapter only.
(1) "Convicted" shall mean for an adult sex offender, that the sex offender has been subject to penal consequences based on the conviction however the conviction may be styled. A juvenile offender is convicted for the purposes of this chapter when prosecuted as an adult for a sex offense, or 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.
(2) "Employee" shall mean and include, but is not limited to, an individual who is self-employed or works for any other entity or business, regardless of compensation. Volunteers, interns, externs, and apprentices are included within the definition of "employee" for registration purposes under this chapter.
(3) "Foreign Convictions" shall mean convictions obtained outside of the United States.
(4) "Immediate" and "immediately" shall mean within three (3) business days.
(5) "Imprisonment" shall mean 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 any local, state, tribal facility, or house arrest for purposes of incarceration as well as in a federal, military, foreign, BIA, private or contract facility.
(6) "Jurisdiction" shall mean 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, including the Kalispel Tribe of Indians.
(7) "Minor" shall mean any individual who has not attained the age of 18 years or an individual who has not attained the age of 21 years and has been determined a Youth In Need of Care (YINOC) as defined in the Chapter 7 of the Law and Order Code of the Kalispel Tribe of Indians and the Kalispel Tribal Court has continued jurisdiction over said individual.
(8) "Reservation" shall mean the Kalispel Indian Reservation as defined in the Law and Order Code of the Kalispel Tribe of Indians Chapter 1 section 1-2.03 and includes all Tribally owned enterprises and entities for registration purposes.
(9) "Reside", "residing", or "resides" or "residence" or "residency" shall mean, with respect to an individual, the location of the individuals home, or any other place where the individual habitually stays, lives, or sleeps. "Resides" shall also mean and include those who will be visiting, staying, living, or sleeping on the Reservation. For the purposes of this chapter, a person may have more than one place where they reside.
(10) "Sex Offense" shall mean and includes those offenses contained in section 42 U.S.C. §16911(5) and those offenses enumerated in section 9A-2.02 of this chapter, or as any other covered offense under Tribal law. An offense involving consensual sexual conduct is not a sex offense for the purposes of this chapter if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense.
(11) "Sex Offender" shall mean a person convicted of a sex offense in any local, state, tribal, military or foreign court 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.
(12) "Student" shall mean a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, an institution of higher education, or who is home schooled.
(13) "Sexual Act" shall mean:
(A) Contact between the penis and the vulva or the penis and the anus, and for purposes of this chapter, contact involving the penis occurs upon penetration, however slight,
(B) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus,
(C) The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with any intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, or
(D) The intentional touching, not through the clothing, of the genitalia of another person who is a minor as defined in this chapter with intent to abuse, humiliate, harass, degrade, or arouse, or gratify the sexual desire of any person. This shall not include the lawful touching conducted by law enforcement officials within the course and scope of their official duties.
(14) "Sexual Contact" shall mean the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade, or arouse, or gratify the sexual desires of another person.
(15) "SORNA" means The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 Pub. L. 109-248, (42 U.S.C. §16911 et. seq., as amended).
(16) "Sex Offender Registry" means the registry of sex offenders, and the notification program, maintained by Tribal Law Enforcement or its designee.
(17) "NSOR" means The National Sex Offender Registry, the national database maintained by the Attorney General of the United States pursuant to 42 U.S.C. §16919.
(18) "SMART Office" means 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.
(19) "NSOPW" or "NSOPR" means the Dru Sjodin National Sex Offender Public Website, the public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. §16920.
(20) "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 9A-3.01 and 9A-3.02.
(21) "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 9A-3.03, or who is subject to the recidivist provisions of 9A-3.03(1).
(22) "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 9A-3.04, or who is subject to the recidivist provisions of 9A-3.04(1).