Statutes | Confederated Tribes of the Umatilla Indian Reservation Sex Offender Code Chapter 3 ยง 3.03 | 2019
A. Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a Tier 2 sex offense is a &ldquoTier 3&rdquo offense. In the case of subsequent convictions from any tribal court, the offense shall be treated as if it is punishable by more than one year in jail if a substantially similar Oregon state or federal offense is punishable by more than one year.
B. General Offenses. A &ldquoTier 3&rdquo offense includes any sex offense for which a person has been convicted by a jurisdiction, local government, or qualifying foreign country pursuant to Section 2.02(C) that involves:
1. Non-parental kidnapping of a minor,
2. A sexual act with another by force or threat,
3. A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or
4. Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.
C. Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered &ldquoTier 3&rdquo offenses:
1. 18 U.S.C. §2241 (aggravated sexual abuse),
2. 18 U.S.C. §2243 (sexual abuse of a minor or ward),
3. 18 U.S.C. §2242 (sexual abuse), or
4. Where the victim is 12 years of age or younger, 18 U.S.C. §2244 (abusive sexual contact).
D. Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. §951) that is similar to those offenses outlined in Section 3.03(A),(B), or (C) shall be considered &ldquoTier 3&rdquo offenses.