CHAPTER 15-9
REGISTERABLE OFFENSES

15-9-1 Registerable Offenses.

Individuals who reside within the exterior boundaries of the reservation or otherwise reside on property owned by the tribe in fee or trust regardless of location, are employed within the exterior boundaries of the reservation or on property owned by the tribe in fee or trust regardless of location, or who attend school within the exterior boundaries of the reservation or on property owned by the tribe in fee or trust regardless of location, who have been convicted of any of the following offenses, or convicted of an attempt or conspiracy to commit any of the following offenses, are subject to the requirements of this code:

(A)    Tribal Offenses:

(1)    Section 15-2-31. Rape in the First Degree

(2)    Section 15-2-32. Rape in the Second Degree

(3)    Section 15-2-33. Deviate Sexual Intercourse

(4)    Section 15-2-34. Sexual Assault

(5)    Section 15-2-21 Kidnapping (if victim is a minor)

(6)    Section 15-2-22 False Imprisonment (if victim is a minor)

(7)    Section 15-5-27 Prostitution (if solicitation of a minor)

(B)    Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of “sex offense” at 42 U.S.C. §16911(5) including any offenses prosecuted under the Assimilative Crimes Act (18 USC § 1152 or §1153):

(1)    18 U.S.C. §1591 (sex trafficking of children),

(2)    18 U.S.C. §1801 (video voyeurism of a minor),

(3)    18 U.S.C. §2241 (aggravated sexual abuse),

(4)    18 U.S.C. §2242 (sexual abuse),

(5)    18 U.S.C. §2243 (sexual abuse of a minor or ward),

(6)    18 U.S.C. §2244 (abusive sexual contact),

(7)    18 U.S.C. §2245 (offenses resulting in death),

(8)    18 U.S.C. §2251 (sexual exploitation of children),

(9)    18 U.S.C. §2251A (selling or buying of children),

(10)    18 U.S.C. §2252 (material involving the sexual exploitation of a minor),

(11)    18 U.S.C. §2252A (material containing child pornography),

(12)    18 U.S.C. §2252B (misleading domain names on the internet),

(13)    18 U.S.C. §2252C (misleading words or digital images on the internet),

(14)    18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the U.S.),

(15)    18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),

(16)    18 U.S.C. §2422 (coercion and enticement of a minor for illegal sexual activity),

(17)    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),

(18)    18 U.S.C. §2424 (failure to file factual statement about an alien individual),

(19)    18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct).

(C)    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, New Zealand, or under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred.

(D)    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).

(E)    Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. §2241) and committed by a minor who is 14 years of age or older at the time of the 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.

(F)    Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this tribe that involves:

(1)    Any type or degree of genital, oral, or anal penetration,

(2)    Any sexual touching of or sexual contact with a person’s body, either directly or through the clothing,

(3)    Kidnapping of a minor,

(4)    False imprisonment of a minor,

(5)    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,

(6)    Use of a minor in a sexual performance,

(7)    Solicitation of a minor to practice prostitution,

(8)    Possession, production, or distribution of child pornography,

(9)    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 a minor at the time of the offense,

(10)    Any conduct that by its nature is a sex offense against a minor, or

(11)    Any offense similar to those outlined in:

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

(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. §2244 (abusive sexual contact),

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

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