34 U.S.C. § 20911 — Relevant definitions, including Amie

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. Page 508 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20912 (6) Criminal offense The term ‘‘criminal offense’’ means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of De- fense under section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note)) or other criminal offense. (7) Expansion of definition of ‘‘specified offense against a minor’’ to include all offenses by child predators The term ‘‘specified offense against a minor’’ means an offense against a minor that involves any of the following: (A) An offense (unless committed by a par- ent or guardian) involving kidnapping. (B) An offense (unless committed by a par- ent or guardian) involving false imprison- ment. (C) Solicitation to engage in sexual con- duct. (D) Use in a sexual performance. (E) Solicitation to practice prostitution. (F) Video voyeurism as described in sec- tion 1801 of title 18. (G) Possession, production, or distribution of child pornography. (H) Criminal sexual conduct involving a minor, or the use of the Internet to facili- tate or attempt such conduct. (I) Any conduct that by its nature is a sex offense against a minor. (8) Convicted as including certain juvenile ad- judications The term ‘‘convicted’’ or a variant thereof, used with respect to a sex offense, includes ad- judicated delinquent as a juvenile for that of- fense, but only if the offender is 14 years of age or older at the time of the offense and the of- fense adjudicated was comparable to or more severe than aggravated sexual abuse (as de- scribed in section 2241 of title 18), or was an at- tempt or conspiracy to commit such an of- fense. (9) Sex offender registry The term ‘‘sex offender registry’’ means a registry of sex offenders, and a notification program, maintained by a jurisdiction. (10) Jurisdiction The term ‘‘jurisdiction’’ means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 20929 of this title, a federally recognized Indian tribe. (11) Student The term ‘‘student’’ means an individual who enrolls in or attends an educational insti- tution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education. (12) Employee The term ‘‘employee’’ includes an individual who is self-employed or works for any other entity, whether compensated or not. (13) Resides The term ‘‘resides’’ means, with respect to an individual, the location of the individual’s home or other place where the individual ha- bitually lives. (14) Minor The term ‘‘minor’’ means an individual who has not attained the age of 18 years. (Pub. L. 109–248, title I, § 111, July 27, 2006, 120 Stat. 591.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion of title I 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 16911 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20912. Registry requirements for jurisdictions (a) Jurisdiction to maintain a registry Each jurisdiction shall maintain a jurisdic- tion-wide sex offender registry conforming to the requirements of this subchapter. (b) Guidelines and regulations The Attorney General shall issue guidelines and regulations to interpret and implement this subchapter. (Pub. L. 109–248, title I, § 112, July 27, 2006, 120 Stat. 593.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion of title I 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 16912 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20913. Registry requirements for sex offenders (a) In general A sex offender shall register, and keep the reg- istration current, in each jurisdiction where the offender resides, where the offender is an em- ployee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence. (b) Initial registration The sex offender shall initially register— (1) before completing a sentence of imprison- ment with respect to the offense giving rise to the registration requirement; or