Section 3.02. Tier 2 Offenses

Statutes | Confederated Tribes of the Umatilla Indian Reservation Sex Offender Code Chapter 3 § 3.02 | 2019

A.   Recidivism and Felonies.  Unless otherwise covered by Section 3.03, any sex offense, which is not the first sex offense for which a person has been convicted, that is punishable by more than one year in jail is considered a &ldquoTier 2&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.   Offenses Involving Minors.  A &ldquoTier 2&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.   The use of minors in prostitution, including solicitations,

2.   Enticing a minor to engage in criminal sexual activity,

3.   Sexual contact with a minor 13 years of age or older, whether direct or through the clothing, that involves the intimate parts of the body,

4.   A non-forcible Sexual Act with a minor 16 or 17 years old,

5.   The use of a minor in a sexual performance, or

6.   The production for distribution of child pornography.

C.   Certain Federal Offenses.  Conviction for any of the following federal offenses shall be considered &ldquoTier 2&rdquo offenses:

1.   18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),

2.   18 U.S.C. §2244 (abusive sexual contact with a person 13 years of age or older),

3.   18 U.S.C. §2251 (sexual exploitation of children),

4.   18 U.S.C. §2251A (selling or buying of children),

5.   18 U.S.C. §2252 (material involving the sexual exploitation of a minor),

6.   18 U.S.C. §2252A (production or distribution of material containing child pornography),

7.   18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the United States),

8.   18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),

9.   18 U.S.C. §2422(b)(coercing a minor to engage in prostitution),

10.   18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct), and

11.   18 U.S.C. § 2423(d) (arranging, inducing, procuring or facilitating the travel in interstate commerce of a minor for the purpose of engaging in illicit conduct for financial gain).

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 3.02(A),(B), or (C) shall be considered &ldquoTier 2&rdquo offenses.