Statutes | 9 GTBC ยง 4.01 | 2020
(a) Definitions. The definitions below apply to this GTB Code only.
(1) Abscond. "Abscond" means failure to register and/or to leave, flee or depart quickly and secretly and hide oneself with intent to avoid arrest or prosecution.
(2) Convicted Adult Offender. An adult sex offender is "convicted" for the purposes of this code if the sex offender has been subjected to penal consequences based on the conviction, regardless of how the conviction may be styled. This shall include but not be limited to convictions or juvenile adjudications in tribal, state, and federal courts.
(3) Convicted Juvenile Offender. A juvenile offender is "convicted" for purposes of this code if the juvenile offender is either:
(A) Prosecuted and found guilty as an adult for a sex offense or
(B) 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 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.
(4) Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained by the Attorney General of the United States pursuant to 34 U.S.C. § 20922.
(5) Employee. The term "employee" 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, interns, externs, apprentices, and those providing community services of or for a tribal agency or organization are included within the definition of employee for registration purposes.
(6) Federal Offense. "Federal Offense" (including an offense prosecuted under Section 1152 or 1153 of Title 18 of the United States Code) under Section 1591, or Chapter 109A, 110 (other than Section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code.
(7) Foreign Convictions. A foreign conviction is one obtained outside of the United States.
(8) Homeless. "Homeless" means a person who does not have a permanent or temporary residence and who may have a temporary abode at the home of a family member or friend or at a shelter and is subject to the same registration requirements and is also required to verify their address daily with the GTBPD, even if that address is a bench on a specific street or a tent in a particular location or any such place where the sex offender frequents or stations himself during the day or sleeps at night.
(9) Immediate. "Immediate" and "immediately" mean within three (3) business days.
(10) Imprisonment. The term "imprisonment" 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 code during their period of &ldquohouse arrest.&rdquo
(11) Jurisdiction. The term "jurisdiction" as used in this code refers to the fifty (50) states, the District of Columbia, the five (5) principal U.S. territories, i.e., the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe that elects to function as registration jurisdictions under SORNA § 127.
(12) Loiter. "Loiter" means standing or sitting idly whether in or out of a vehicle, or remaining in or around property, not their own, without permission and a legitimate reason.
(13) Minor. The term "minor" means an individual who has not attained the age of eighteen (18) years.
(14) National Sex Offender Registry (NSOR). The national database maintained by the Attorney General of the United States pursuant to 34 U.S.C. § 20921.
(15) Nonmember. "Nonmember" means a person who is not a member of any federally recognized Indian tribe.
(16) Other tribal member. "Other tribal member" means a person who is duly enrolled or is a member of a federally recognized Indian tribe other than the GTB Indian tribe.
(17) Primary address. "Primary address" is defined as the "mailing address" of the persons dwelling, including &ldquophysical location of the dwelling described with as much specificity as possible.&rdquo
(18) Residence. The term "residence" means a place where a person is living or temporarily staying for more than five (5) days, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
(19) Resides. The term "reside" or "resides" means, with respect to an individual, the location of the individuals home or other place where the individual habitually lives or sleeps. &ldquoResiding on the reservations&rdquo shall mean any person who maintains a permanent or temporary residence, including students, temporary employees, and military personnel on assignment.
(20) School. &ldquoSchool&rdquo includes but is not limited to a building, facility, or room in a building or facility designated as a place for instruction, education, teaching, learning, or academics and is a public or private daycare, childcare facility, preschool, elementary school, secondary school, trade school, professional school, or institute of higher learning where teaching, training, supervision, recreation, and/or medical services for children of any age, for the disabled, or for the elderly, or anytime care given to preschool children or to school children after school or during vacation, as at a day care center, or to the elderly, as at a social agency.
(21) School Personnel. &ldquoSchool personnel&rdquo includes but is not limited to teachers, caregivers, the principal, or superintendent of schools, a member of the school board or employee or any entity working for, or rendering or exchanging any service or performing any act for or on behalf of the Tribe in any capacity full or part time.
(22) Secondary address. &ldquoSecondary address&rdquo is defined as a mailing address of any place where the person regularly or occasionally stays overnight, including the physical location of the place described with as much specificity as possible.
(23) Sexual Act. The term &ldquosexual act&rdquo means:
(A) 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.
(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 an 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 that has not attained the age of eighteen (18) years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(24) 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.
(25) Sex Offender. A person convicted of a sex offense in any state, federal, tribal, or other court is a &ldquosex offender.&rdquo
(26) Sex Offender Registry. The term &ldquosex offender registry&rdquo means the registry of sex offenders, and a notification program, maintained by GTB/State of Michigan.
(27) Sex Offense. The term &ldquosex offense&rdquo refers to those offenses covered by the definition of &ldquosex offense&rdquo appearing in SORNA § 111(5), and those offenses enumerated in Section 4.02(b) of this code or any other covered offense under federal, state or tribal law as stated in Title 9 of the GTB Code. &ldquoSex Offense&rdquo generally means:
(A) A criminal offense that has an element involving a sexual act or sexual contact with another.
(B) A criminal offense that is a specified offense against a minor.
(C) A federal offense (including an offense prosecuted under Section 1152 or 1153 of Title 18 of the United States Code) under Section 1591, or 109A, 110 (other than Section 2257, 2257A, or 2258), or 117, or Title 18 of the United States Code.
(D) A military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note).
(E) An attempt or conspiracy to commit an offense described in Clauses (A) through (D) or
(F) Any tribal offense consistent with the above Clauses (A) through (E).
(28) 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 34 U.S.C. § 20945.
(29) SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248), 34 U.S.C. § 20911 et seq., as amended.
(30) &ldquoSpecified Offenses Against a Minor&rdquo means an offense against a minor that involves any of the following:
(A) An offense (unless committed by a parent or guardian) involving kidnapping
(B) An offense (unless committed by a parent or guardian) involving false imprisonment
(C) Solicitation to engage in sexual conduct
(D) Use in a sexual performance
(E) Solicitation to practice prostitution
(F) Video voyeurism as described in Section 1801 of Title 18 of the United States Code
(G) Possession, production, or distribution of child pornography
(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct or
(I) Any conduct that by its nature is a sex offense against a minor.
(31) Student. A &ldquostudent&rdquo includes an intern, extern, and apprentice and is a person who enrolls in or attends either a private or public education institution, including a daycare, childcare facility, preschool, secondary school, trade, or professional school, or an institution of higher education.
(32) Transient. &ldquoTransient&rdquo means a person who lacks residence. A transient is subject to the same registration requirements and is also required to verify their address (city, county, township, and street) daily with the GTBPD, even if that address is a bench on a specific street or a tent in a particular location or any such place where the sex offender frequents or stations himself during the day or sleeps at night.
(33) GTB Tribal member. &ldquoGTB Tribal Member&rdquo means a person who is duly enrolled with the GTB Indian tribe pursuant to Article II of the Tribal Constitution.
(34) Tier I Sex Offender. A &ldquoTier I sex offender,&rdquo or a sex offender designated as Tier I is one that has been convicted of a Tier I sex offense as defined in Section 4.03(a) of this code.
(35) Tier II Sex Offender. A &ldquoTier II sex offender,&rdquo or a sex offender designated as Tier II is one that has been either convicted of a Tier II sex offense as defined in Section 4.03(b) of this code, or who is subject to the recidivist provisions of 4.03(b)(1).
(36) Tier III Sex Offender. A &ldquoTier III sex offender,&rdquo or a sex offender designated as Tier III is one that has been either convicted of a Tier III sex offense as defined in Section 4.03(c), or who is subject to the recidivist provisions of 4.03(c)(1) of this code.
(37) Tribal Lands. &ldquoTribal Lands&rdquo includes &ldquojurisdiction&rdquo and means the reservation, trust lands, tribal property owned by the tribal jurisdiction and other commonly known tribal lands within the primary jurisdiction in fee or trust regardless of location.
(38) Visitor. Any sex offender who does not live, work or attend classes as a student who enters onto a GTB reservation.
(b) Covered Offenses. Individuals who reside or are visiting on property within the exterior boundaries of tribal lands, regardless of location are employed within tribal lands or who attend school on tribal lands, that have been convicted of any of the following offenses, are subject to the requirements of this code:
(1) Michigan Offenses, Act 295 of 1994 (as amended):
(A) MCL 750.10a. Sexually delinquent person.
(B) MCL 750.145a. Accosting, enticing or soliciting child for immoral purposes.
(C) MCL 750.145b. Accosting, enticing or soliciting child for immoral purposes second or subsequent offenses.
(D) MCL 750.145c. Child sexually abusive activity or material offenses penalties application of section affirmative defense expert testimony reporting by commercial film or photographic print processors availability of evidence to defendants local ordinances.
(E) MCL 750.145d. Internet use restrictions, purpose of committing crime against minor.
(F) MCL 750.158. Crime against nature or sodomy penalty.
(G) MCL 750.335a. Indecent exposure.
(H) MCL 750.338. Gross indecency between male persons.
(I) MCL 750.338a. Gross indecency between female persons.
(J) MCL 750.338b. Gross indecency between male and female persons.
(K) MCL 750.349b. Unlawful imprisonment.
(L) MCL 750.448 Soliciting and accosting.
(M) MCL 750.455. Pandering.
(N) MCL 750.349. Kidnapping.
(O) MCL 750.350. Kidnapping child under 14.
(P) MCL 750.520b. Criminal sexual conduct in first degree.
(Q) MCL 750.520c. Criminal sexual conduct in second degree.
(R) MCL 750.520d. Criminal sexual conduct in third degree.
(S) MCL 750.520e. Criminal sexual conduct in fourth degree.
(T) MCL 750.520g. Assault with intent to commit criminal sexual conduct.
(U) MCL 750.539j. Surveillance, photographing, etc., of individual clad only in undergarments, genitalia or buttocks of individual,or unclad breasts of female under circumstances in which individual would have reasonable expectation of privacy distribution, dissemination, or transmission of recording, photograph, or visual image obtained in violation of section other offenses.
(2) Tribal offenses. Any tribal offense under a law of a tribal sovereign nation that is substantially similar to the offenses listed in the Michigan Sex Offenders Registration Act, Act 295 of 1994 (as amended).
(3) Federal Offenses. Any federal offense under a law of the United States specifically enumerated in 34 U.S.C. § 20911 that is substantially similar to the offenses listed in the Michigan Sex Offenders Registration Act, Act 195 of 1994 (as amended). A conviction for any of the following, and any other offense hereafter included in the definition of &ldquosex offense&rdquo at 34 U.S.C. § 20911(5):
(A) 18 U.S.C. § 1591 (sex trafficking of children)
(B) 18 U.S.C. § 1801 (video voyeurism of a minor)
(C) 18 U.S.C. § 2241 (aggravated sexual abuse)
(D) 18 U.S.C. § 2242 (sexual abuse)
(E) 18 U.S.C. § 2243 (sexual abuse of a minor or ward)
(F) 18 U.S.C. § 2244 (abusive sexual contact)
(G) 18 U.S.C. § 2245 (offenses resulting in death)
(H) 18 U.S.C. § 2251 (sexual exploitation of children)
(I) 18 U.S.C. § 2251A (selling or buying of children)
(J) 18 U.S.C. § 2252 (material involving the sexual exploitation of a minor)
(K) 18 U.S.C. § 2252A (material containing child pornography)
(L) 18 U.S.C. § 2252B (misleading domain names on the Internet)
(M) 18 U.S.C. § 2252C (misleading words or digital images on the Internet)
(N) 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the U.S.)
(O) 18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity)
(P) 18 U.S.C. § 2422 (coercion and enticement of a minor for illegal sexual activity)
(Q) 18 U.S.C. § 2423 [transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct with a minor, engaging in illicit sexual conduct in foreign places (Mann Act)]
(R) 18 U.S.C. § 2424 (failure to file factual statement about an alien individual)
(S) 18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
(4) Foreign Offenses. Any conviction for a sex offense involving any conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, or New Zealand that is substantially similar to the offenses listed in the Michigan Sex Offenders Registration Act, Act 295 of 1994 (as amended). A foreign conviction is not a sex offense for the purposes of this code unless it was either:
(A) Obtained under the laws of Canada, the United Kingdom, Australia, or New Zealand or
(B) Under the laws of any foreign country, when the United States&rsquo State Department, in its country reports on human rights practices and has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial, including ensuring sufficient safeguards for fundamental fairness and due process in that country during the year in which the conviction occurred.
(5) Offenses Involving Consensual Sexual Conduct. An offense involving consensual sexual conduct is not a sex offense for the purposes of this code if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least thirteen (13) years old and the offender was not more than four (4) years older than the victim.
(6) Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. 951 note).
(7) Juvenile Offenses or Adjudications. The term &ldquoconvicted&rdquo or a variant thereof, used with respect to a sex offense includes adjudicated delinquent as juvenile for that offense, but only if the offender is fourteen (14) years of age or older at the time of the offense and that offense adjudicated was comparable to or more severe than aggravated sexual abuse (as codified in 18 U.S.C. § 2241) or was an attempt or conspiracy to commit such an offense. This includes engaging in a sexual act with another by force or the threat of serious violence or engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim.
(8) Jurisdiction Offenses. Any sex offense committed in any state, local and tribal jurisdictions, including this tribe that involves:
(A) Any type or degree of genital, oral, or anal penetration
(B) Any sexual touching of or sexual contact with a person&rsquos body, either directly or through the clothing
(C) Kidnapping of a minor
(D) False imprisonment of a minor
(E) Solicitation to engage a minor in sexual conduct, understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct
(F) Use of a minor in a sexual performance
(G) Solicitation of a minor to practice prostitution
(H) Possession, production, or distribution of child pornography
(I) Criminal sexual conduct that involves physical contact with a minor or the use of the Internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was below eighteen (18) years of age at the time of the offense
(J) Any conduct that by its nature is a sex offense against a minor or
(K) Any federal offenses similar to those outlined in Section 4.02(b)(3):
(i) 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion)
(ii) 18 U.S.C. § 1801 (video voyeurism of a minor)
(iii) 18 U.S.C. § 2241 (aggravated sexual abuse)
(iv) 18 U.S.C. § 2242 (sexual abuse)
(v) 18 U.S.C. § 2244 (abusive sexual contact)
(vi) 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution) or
(vii) 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct).
History: Tribal Act #10-28.2164, enacted by Tribal Council on July 21, 2010. As amended by Tribal Council motion on October 29, 2014 and by Tribal Council motion on January 31, 2018.