34 U.S.C. § 20903 — Tribal registry

Page 506 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20901 Sec. 20945. Office of Sex Offender Sentencing, Moni- toring, Apprehending, Registering, and Tracking. PART C—ACCESS TO INFORMATION AND RESOURCES NEEDED TO ENSURE THAT CHILDREN ARE NOT AT- TACKED OR ABUSED 20961. Access to national crime information data- bases. 20962. Schools SAFE Act. SUBCHAPTER II—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS 20971. Jimmy Ryce State civil commitment pro- grams for sexually dangerous persons. SUBCHAPTER III—GRANTS AND OTHER PROVISIONS 20981. Pilot program for monitoring sexual offend- ers. 20982. Assistance for prosecution of cases cleared through use of DNA backlog clearance funds. 20983. Grants to combat sexual abuse of children. 20984. Grants for fingerprinting programs for chil- dren. 20985. Grants for Rape, Abuse & Incest National Network. 20986. Children’s safety online awareness cam- paigns. 20987. Grants for online child safety programs. 20988. Jessica Lunsford Address Verification Grant Program. 20989. Fugitive Safe Surrender. 20990. National registry of substantiated cases of child abuse. 20991. Annual report on enforcement of registration requirements. SUBCHAPTER I—SEX OFFENDER REGISTRATION AND NOTIFICATION § 20901. Declaration of purpose In order to protect the public from sex offend- ers and offenders against children, and in re- sponse to the vicious attacks by violent preda- tors against the victims listed below, Congress in this chapter establishes a comprehensive na- tional system for the registration of those of- fenders: (1) Jacob Wetterling, who was 11 years old, was abducted in 1989 in Minnesota, and re- mains missing. (2) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in New Jersey. (3) Pam Lychner, who was 31 years old, was attacked by a career offender in Houston, Texas. (4) Jetseta Gage, who was 10 years old, was kidnapped, sexually assaulted, and murdered in 2005, in Cedar Rapids, Iowa. (5) Dru Sjodin, who was 22 years old, was sexually assaulted and murdered in 2003, in North Dakota. (6) Jessica Lunsford, who was 9 years old, was abducted, sexually assaulted, buried alive, and murdered in 2005, in Homosassa, Florida. (7) Sarah Lunde, who was 13 years old, was strangled and murdered in 2005, in Ruskin, Florida. (8) Amie Zyla, who was 8 years old, was sexu- ally assaulted in 1996 by a juvenile offender in Waukesha, Wisconsin, and has become an ad- vocate for child victims and protection of chil- dren from juvenile sex offenders. (9) Christy Ann Fornoff, who was 13 years old, was abducted, sexually assaulted, and murdered in 1984, in Tempe, Arizona. (10) Alexandra Nicole Zapp, who was 30 years old, was brutally attacked and murdered in a public restroom by a repeat sex offender in 2002, in Bridgewater, Massachusetts. (11) Polly Klaas, who was 12 years old, was abducted, sexually assaulted, and murdered in 1993 by a career offender in California. (12) Jimmy Ryce, who was 9 years old, was kidnapped and murdered in Florida on Sep- tember 11, 1995. (13) Carlie Brucia, who was 11 years old, was abducted and murdered in Florida in Feb- ruary, 2004. (14) Amanda Brown, who was 7 years old, was abducted and murdered in Florida in 1998. (15) Elizabeth Smart, who was 14 years old, was abducted in Salt Lake City, Utah in June 2002. (16) Molly Bish, who was 16 years old, was abducted in 2000 while working as a lifeguard in Warren, Massachusetts, where her remains were found 3 years later. (17) Samantha Runnion, who was 5 years old, was abducted, sexually assaulted, and mur- dered in California on July 15, 2002. (Pub. L. 109–248, title I, § 102, July 27, 2006, 120 Stat. 590.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16901 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20902. Establishment of program This chapter establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Of- fender Registration and Notification Program. (Pub. L. 109–248, title I, § 103, July 27, 2006, 120 Stat. 591.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16902 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20903. Tribal registry (1) Establishment The Attorney General shall contract with any interested Indian tribe, tribal organization, or Page 507 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20911 1 So in original. The second closing parenthesis probably should follow ‘‘18’’. tribal nonprofit organization to develop and maintain— (A) a national tribal sex offender registry; and (B) a tribal protection order registry con- taining civil and criminal orders of protection issued by Indian tribes and participating juris- dictions. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (Pub. L. 109–162, title IX, § 905(b), Jan. 5, 2006, 119 Stat. 3080; Pub. L. 113–4, title IX, § 907(b), Mar. 7, 2013, 127 Stat. 125.) Editorial Notes CODIFICATION Section is comprised of subsec. (b) of section 905 of Pub. L. 109–162. Subsec. (a) of section 905 of Pub. L. 109–162 amended section 534 of Title 28, Judiciary and Judicial Procedure. Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Sex Offender Registration and Notification Act which comprises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which comprises this chapter. Section was formerly classified as a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2013—Par. (2). Pub. L. 113–4 substituted ‘‘fiscal years 2014 through 2018’’ for ‘‘fiscal years 2007 through 2011’’. PART A—SEX OFFENDER REGISTRATION AND NOTIFICATION § 20911. Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators In this subchapter the following definitions apply: (1) Sex offender The term ‘‘sex offender’’ means an indi- vidual who was convicted of a sex offense. (2) Tier I sex offender The term ‘‘tier I sex offender’’ means a sex offender other than a tier II or tier III sex of- fender. (3) Tier II sex offender The term ‘‘tier II sex offender’’ means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and— (A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor: (i) sex trafficking (as described in sec- tion 1591 of title 18); (ii) coercion and enticement (as de- scribed in section 2422(b) of title 18); (iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1 of title 18; (iv) abusive sexual contact (as described in section 2244 of title 18); (B) involves— (i) use of a minor in a sexual perform- ance; (ii) solicitation of a minor to practice prostitution; or (iii) production or distribution of child pornography; or (C) occurs after the offender becomes a tier I sex offender. (4) Tier III sex offender The term ‘‘tier III sex offender’’ means a sex offender whose offense is punishable by impris- onment for more than 1 year and— (A) is comparable to or more severe than the following offenses, or an attempt or con- spiracy to commit such an offense: (i) aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or (ii) abusive sexual contact (as described in section 2244 of title 18) against a minor who has not attained the age of 13 years; (B) involves kidnapping of a minor (unless committed by a parent or guardian); or (C) occurs after the offender becomes a tier II sex offender. (5) Amie Zyla expansion of sex offense defini- tion (A) Generally Except as limited by subparagraph (B) or (C), the term ‘‘sex offense’’ means— (i) a criminal offense that has an ele- ment involving a sexual act or sexual con- tact with another; (ii) a criminal offense that is a specified offense against a minor; (iii) a Federal offense (including an of- fense prosecuted under section 1152 or 1153 of title 18) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of title 18; (iv) 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); or (v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv). (B) Foreign convictions A foreign conviction is not a sex offense for the purposes of this subchapter if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations es- tablished under section 20912 of this title. (C) Offenses involving consensual sexual con- duct An offense involving consensual sexual conduct is not a sex offense for the purposes of this subchapter if the victim was an adult, unless the adult was under the custodial au- thority of the offender at the time of the of- fense, or if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.