Statutes | Colorado River Tribe, Sex Offender Registration Code Chapter 2 | 2019
The definitions below shall apply to this Code only and have the meaning described herein, except where stated otherwise.
(a) Convicted.
(1) A sex offender is &ldquoconvicted&rdquo for the purposes of this Code if the sex offender was prosecuted and found guilty for a sex offense, and was subjected to penal consequences based on that conviction. A nolo contendere plea (or &ldquono-contest&rdquo plea) shall be considered a conviction under this Code.
(2) A juvenile sex offender is &ldquoconvicted&rdquo if s/he is a minor and has been either:
(i) Prosecuted and found guilty as an adult for a sex offense or
(ii) Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is fourteen (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 defined by either 18 U.S.C. § 2241(a) or § 2241(b)), or was an attempt or conspiracy to commit such an offense.
(b) Dru Sjodin National Sex Offender Public Website (NSOPW). The NSOPW is a public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920 and containing relevant information from those jurisdictions hosting sex offender registries, including the federal government and CRIT.
(c) Employee. The term &ldquoemployee&rdquo as used in this Code 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 employees for purposes of this Code.
(d) Foreign Conviction. A &ldquoforeign conviction&rdquo is a conviction obtained outside of the United States.
(e) Immediate, immediately. &ldquoImmediate&rdquo and &ldquoimmediately&rdquo mean within three (3) business days, unless specifically stated otherwise.
(f) Imprisonment. The term &ldquoimprisonment&rdquo refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the sex offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state prison in a federal, military, foreign, private or contract facility or in a local or tribal jail or other similar holding facility. Persons under &ldquohouse arrest&rdquo following conviction of a covered sex offense are required to register pursuant to the provisions of this Code during their period of &ldquohouse arrest.&rdquo
(g) Jurisdiction. The term &ldquojurisdiction&rdquo as used in this Code refers to the 50 states, the District of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe.
(h) Minor. The term &ldquominor&rdquo means an individual who has not attained the age of eighteen (18) years, except where specifically indicated otherwise.
(i) National Sex Offender Registry (NSOR). The NSOR is a national database maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16919 and containing sex offender information.
(j) Public Sex Offender Registry Website (PSORW). The &ldquoPublic Sex Offender Registry Website&rdquo or &ldquoWebsite&rdquo means CRIT&rsquos public website of registered sex offenders, which the CRIT LES shall maintain and operate pursuant to this Code.
(k) Registration Year. The &ldquoregistration year&rdquo shall refer to the twelve-month period beginning January 1 of each calendar year and ending December 31 of that year.
(l) Reservation. The term &ldquoReservation&rdquo shall mean the lands and real property within the exterior boundaries of the Colorado River Indian Reservation.
(m) Reside(s). The term &ldquoreside&rdquo or &ldquoresides&rdquo describes the location where an individual person habitually lives or sleeps or where that person&rsquos home is located. An individual who seasonally or frequently visits a vacation or otherwise secondary home, mobile home, or cabin shall be considered as residing in the location of that home, mobile home, or cabin for the purposes of this Code, regardless of the actual length of each individual visit or the ownership of the home visited.
(n) Sex Offense. The term &ldquosex offense&rdquo includes those offenses described in 42 U.S.C. § 16911(5), as amended, those enumerated in Chapter 4 herein, and any other registerable sex offense under tribal law, or any criminal offense consisting of acts comparable to any of the offenses listed herein. A sex offense shall also include the attempt, conspiracy, and solicitation to commit a sex offense provided for in this Code.
(o) Sex Offender. The term &ldquosex offender&rdquo refers to an adult or juvenile who has been convicted of any sex offense described by this Code.
(p) Sexual Act. A &ldquosexual act&rdquo shall mean any of the following:
(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 person by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire(s) of any person or
(4) the intentional touching, not through the clothing, of the genitalia of another person under the age of eighteen (18), with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire(s) of any person.
(q) Sexual Contact. &ldquoSexual Contact&rdquo means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with the intent to abuse, humiliate, harass, degrade, or arouse, or gratify the sexual desire(s) of another person.
(r) Student. A &ldquostudent&rdquo is a person, intern, extern, or apprentice who enrolls in or attends either a private or public education institution, including a secondary school, a trade or professional school, or an institution of higher learning.
(s) SORNA. &ldquoSORNA&rdquo is the Sex Offender Registration and Notification Act, Pub. L. No. 109248, 120 Stat. 587 (2006), codified as 42 U.S.C. § 16911 et seq., as amended.
(t) SORNA Officer. A &ldquoSORNA Officer&rdquo is an officer or employee of CRIT LES who is delegated the task of enforcing this Code, including but not limited to maintaining CRIT&rsquos Sex Offender Registry and monitoring compliance by sex offenders.
(u) Sex Offender Registry. The &ldquosex offender registry&rdquo means CRIT&rsquos registry of registered sex offenders, which includes a system of notification for law enforcement and the community, and that is maintained by CRIT LES.
(v) Visitor. A &ldquovisitor&rdquo is any person who does not reside within the exterior boundaries of the Reservation nor on property owned by the Tribes in fee or trust, but who visits any property either within the Reservation&rsquos exterior boundaries or owned by the Tribes in fee or trust for more than five (5) consecutive calendar days, whether s/he intended to visit for that length of time or not.