Article II. Terminology and Covered Offenses
26.22.050 Definitions.
The definitions below apply to this chapter only:
(1) “Convicted”. An adult sex offender is “convicted” for the purposes of this chapter if the sex offender has been subjected to penal consequences based on the conviction, however the conviction may be styled.
(2) “Juvenile offender” is “convicted” for purposes of this chapter 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, or was an attempt or conspiracy to commit such an offense.
(3) “Employee” as used in this chapter includes, but is not limited to, an individual who is self- employed or works for any other entity, regardless of compensation. Volunteers of a Tribal agency or organization are included within the definition of employee for registration purposes.
(4) “Immediate” and “immediately” mean within three (3) business days.
(5) “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 “prison” as well as in a Federal, military, BIA, private or contract facility, or a local or Tribal “jail.” Persons under “house arrest” following conviction of a covered sex offense are required to register pursuant to the provisions of this chapter during their period of “house arrest.”
(6) “Jurisdiction” as used in this chapter refers to the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe. This includes the Cowlitz Tribes.
(7) “Minor” means an individual who has not attained the age of eighteen (18) years.
(8) “Ordinance 26 (CTC Titles 26)” means the Cowlitz Law and Order Ordinance which governs all civil and criminal proceedings under the jurisdiction of the Cowlitz Tribal Court. The Cowlitz Law and Order Ordinance 26 can be found at the Cowlitz Tribal Court located at 31555 NW 31st Avenue, Ridgefield, Washington 98462.
(9) “Reside” or “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives or sleeps. This includes sex offenders who visit the Reservation for a period of twenty-four (24) hours or more.
(10) “Sex offense” as used in this chapter includes those offenses contained in 42 U.S.C. 16911(5) and those offenses enumerated in CTC 26.22.060 to include those sex offenses enumerated in CTC Titles 26.
(11) “Sex Offender.” A person convicted of a sex offense is a “sex offender.”
(12) “Sexual act” 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; 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 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.
(13) “Sexual contact” means 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.
(14) “Student” is a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, an institution of higher education, interns, externs, and apprentices.
(15) “SORNA” means the Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. 16911 et seq., as amended.
(16) “Cowlitz Tribes Sex Offender Registration Website” means the registry of sex offenders, and a notification program, maintained by the Cowlitz Tribal Department of Public Safety.
(17) “National Sex Offender Registry (NSOR)” means the national database maintained by the Federal Bureau of Investigation (FBI).
(18) “SMART Office” means 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 42 U.S.C. 16945.
(19) “Dru Sjodin National Sex Offender Public Website (NSOPW)” means the public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. 16920.
(20) “Tier 1 sex offender,” or a “sex offender” designated as “Tier 1,” is one that has been convicted of a Tier 1 sex offense as defined in CTC 26.22.090.
(21) “Tier 2 sex offender,” or a “sex offender” designated as “Tier 2,” is one that has been either convicted of a Tier 2 sex offense as defined in CTC 26.22.100, or who is subject to the recidivist provisions of CTC 26.22.100 (1).
(22) “Tier 3 sex offender,” or a “sex offender” designated as “Tier 3,” is one that has been convicted of a sex offense as listed in CTC 26.22.070 and 26.22.110.