26.22.060 Covered offenses | Cowlitz Tribal Code

26.22.060 Covered offenses.

Offenders who reside within the exterior boundaries of the Cowlitz Indian Reservation or otherwise reside on property owned by the Cowlitz Tribes in fee or trust regardless of location, are employed within the exterior boundaries of the Cowlitz Indian Reservation or on property owned by the Cowlitz Tribes in fee or trust regardless of location, or who attend school within the exterior boundaries of the Cowlitz Indian Reservation or on property owned by the Cowlitz Tribes in fee or trust regardless of location, that 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 chapter:

(1) Tribal Offenses. A “sex offense” listed in CTC Titles 26 as they now exist and hereafter amended in the future. All listed sex offenses in CTC Titles 26 are registerable offenses under this chapter.

(2) 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):

(a) 18 U.S.C. 1591 (sex trafficking of children);

(b) 18 U.S.C. 1801 (video voyeurism of a minor);

(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 (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).

(3) Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119.

(4) 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 fourteen (14) years of age or older at the time of the offense.

(5) Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including the exterior boundaries of the Cowlitz Indian Reservation and other Tribal Jurisdiction, that involves:

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

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

(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 a minor at the time of the offense;

(j) Any conduct that by its nature is a sex offense against a minor; or

(k) Any offense similar to those outlined in:

(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).

(l) Sex Offense. Except as limited by subsection (5)(l)(vi) or (vii) of this section, the term “sex offense” means:

(i) A criminal offense that has an element involving a sexual act or sexual contact with another;

(ii) A criminal offense that is a “specified offense against a minor.” 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 parent or guardian) involving kidnapping.

(B) An offense (unless committed by a parent or guardian) involving false imprisonment.

(D) Use in a sexual performance.

(E) Solicitation to practice prostitution.

(F) Video voyeurism as described in 18 U.S.C. 1801.

(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.

(I) Any conduct that by its nature is a sex offense against a minor.

(J) A nonforcible sexual act with a minor 16 or 17 years old;

(iii) A 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;

(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 subsections (5)(l)(i) through (iv) of this section.

(vi) Offenses Involving Consensual Sexual Conduct. An offense involving consensual sexual conduct is not a sex offense for the purposes of this chapter 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 13 years old and the offender was not more than four years older than the victim.

(vii) Foreign Offenses. A foreign conviction is not a sex offense for the purposes of this chapter 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 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.