Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 ยง 804 | 2019
The definitions below apply to this code ordinance only.
(a) Convicted. An adult sex offender is &ldquoconvicted&rdquo for the purposes of this ordinance if the sex offender has be subjected to penal consequences based on the conviction, however the conviction may be styled.
A juvenile offender is &ldquoconvicted&rdquo for purposes of this ordinance if the juvenile offender is either:
(1) Prosecuted and found guilty as an adult for a sex offense or
(2) 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 and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either (a) or (b) of section 2241 of Title 18, United States Code), or was an attempt or conspiracy to commit such an offense.
(b) Foreign Convictions. A foreign conviction is one obtained outside of the United States.
(c) Employee. The term &ldquoemployee&rdquo as used in this ordinance includes, but is not limited to, an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of a Tribal agency or organization are included within the definition of employee for registration purposes.
(d) Immediate. &ldquoImmediate&rdquo and &ldquoimmediately&rdquo mean within 3 business days.
(e) Imprisonment. The term &ldquoimprisonment&rdquo refers to 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 a state &ldquoprison&rdquo as well as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal &ldquojail&rdquo. Persons under &ldquohouse arrest&rdquo following conviction of a covered sex offense are required to register pursuant to the provisions of this ordinance during their period of &ldquohouse arrest&rdquo.
(f) Jurisdiction. The term &ldquojurisdiction&rdquo as used in this ordinance refers to 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.
(g) Minor. The term &ldquominor&rdquo means an individual who has not attained the age of 18 years.
(h) Resides. The term &ldquoreside&rdquo or &ldquoresides&rdquo means, with respect to an individual, the location of the individual&rsquos home or other place where the individual habitually lives or sleeps.
(i) Sex Offense. The term &ldquosex offense&rdquo as used in this ordinance includes those offenses contained in 42 U.S.C. 16911(5) and those offenses enumerated in section 805 of this ordinance or any other covered offense under tribal law.
An offense involving consensual sexual conduct is not a sex offense for the purposes of this ordinance if the victim was an adult, unless the adult was under the custodial authority of the offender at the at the time of the offense, or if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.
(j) Sex Offender. A person convicted of a sex offense is a &ldquosex offender&rdquo.
(k) Sexual Act. The term &ldquosexual act&rdquo means:
(1) Contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight
(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus
(3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person or
(4) the intentional touching, not through the clothing, of the genitalia of another person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(l) Sexual Contact. The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.
(m) Student. A &ldquostudent&rdquo is a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education.
(n) SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109248), 42 U.S.C. 16911 et. seq., as amended.
(o) Sex Offender Registry. The term &ldquosex offender registry&rdquo means the registry of sex offenders, and a notification program, maintained by the Fort Peck Tribes.
(p) National Sex Offender Registry (NSOR). The national database maintained by the FBI.
(q) SMART Office. 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.
(r) Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. 16920.
(s) &ldquoTier 1 Sex Offender&rdquo. A &ldquotier 1 sex offender&rdquo, or a &ldquosex offender&rdquo designated as &ldquotier 1", is one that has been convicted of a &ldquotier 1" sex offense as defined in section 806.
(t) &ldquoTier 2 Sex Offender&rdquo. A &ldquotier 2 sex offender&rdquo, or a &ldquosex offender&rdquo designated as &ldquotier 2", is one that has been either convicted of a &ldquotier 2" sex offense as defined in section 807, or who is subject to the recidivist provisions of 807.
(u) &ldquoTier 3 Sex Offender&rdquo. A &ldquotier 3 sex offender&rdquo, or a &ldquosex offender&rdquo designated as &ldquotier 3" is one that has been either convicted of a &ldquotier 3" sex offense as defined in section 808, or who is subject to the recidivist provisions of 808.