§20911 — Title 34 Navy | U.S. Code

§20911 Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators

Title 34 › Subtitle Subtitle II— - Protection of Children and Other Persons › Chapter CHAPTER 209— - CHILD PROTECTION AND SAFETY › Subchapter SUBCHAPTER I— - SEX OFFENDER REGISTRATION AND NOTIFICATION › Part Part A— - Sex Offender Registration and Notification › § 20911

Last updated Apr 6, 2026|Official source

Summary

Defines the main words used in this part of the law, especially who is a sex offender and the three tiers (I, II, III). A "sex offender" is anyone found guilty of a sex offense. A "tier I" is a sex offender who is not tier II or III. A "tier II" is someone convicted of a crime punishable by more than 1 year in prison that is similar to or worse than certain listed crimes against a minor (for example, sex trafficking, coercion/enticement, transporting someone for sexual activity, or abusive sexual contact), or that involves using a minor in a sexual performance, soliciting a minor for prostitution, making or sharing child pornography, or is committed after the person was already a tier I. A "tier III" is a sex offender convicted of a crime punishable by more than 1 year that is similar to or worse than aggravated sexual abuse or abusive sexual contact with a child under 13, or that involves kidnapping a minor (unless by a parent or guardian), or is committed after becoming a tier II. A "sex offense" covers crimes with a sexual act or contact, specified offenses against minors (kidnapping, false imprisonment, solicitation, using a child in sexual performance, prostitution-related solicitation, video voyeurism, child pornography, sexual conduct with a minor or using the internet to try to do so, and similar crimes), certain federal and military sex crimes, and attempts or conspiracies. A foreign conviction counts only if it met fairness and due-process rules. Consensual sex between adults is not a sex offense unless the victim was under the offender’s custody, or the victim was at least 13 years old and the offender was more than 4 years older. "Convicted" can include juvenile adjudications in very serious cases when the offender was 14 years of age or older; "criminal offense" means state, local, tribal, foreign, or specified military crimes; "sex offender registry" means a jurisdiction’s registry and notification program; "jurisdiction" includes the States, D.C., Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and, when allowed and subject to section 20929, a federally recognized Indian tribe; "student" means someone enrolled in any school; "employee" includes self-employed or unpaid workers; "resides" means where a person usually lives; and "minor" means anyone under 18 years.

Title 34, §20911

Navy — Source: USLM XML via OLRC

In this subchapter the following definitions apply:

(1)The term “sex offender” means an individual who was convicted of a sex offense.

(2)The term “tier I sex offender” means a sex offender other than a tier II or tier III sex offender.

(3)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 section 1591 of title 18);

(ii)coercion and enticement (as described in section 2422(b) of title 18);

(iii)transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 11 So in original. The second closing parenthesis probably should follow “18”. 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 performance;

(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)The term “tier III sex offender” means a 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, or an attempt or conspiracy to commit such an offense:

(i)aggravated sexual abuse or sexual abuse (as described in section 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)(A)Except as limited by subparagraph (B) or (C), 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;

(iii)a Federal offense (including an offense 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)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 established under section 20912 of this title.

(C)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 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 4 years older than the victim.

(6)The term “criminal offense” means a State, local, tribal, foreign, or military offense (to the extent 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 other criminal offense.

(7)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.

(C)Solicitation to engage in sexual conduct.

(D)Use in a sexual performance.

(E)Solicitation to practice prostitution.

(F)Video voyeurism as described in section 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 facilitate or attempt such conduct.

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

(8)The term “convicted” or a variant thereof, used with respect to a sex offense, includes adjudicated delinquent as a juvenile for that offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in section 2241 of title 18), or was an attempt or conspiracy to commit such an offense.

(9)The term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction.

(10)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)The term “student” means an individual who enrolls in or attends an educational institution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education.

(12)The term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not.

(13)The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives.

(14)The term “minor” means an individual who has not attained the age of 18 years.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification 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 editorial reclassification and renumbering as this section.