PRIA, Government Policy, Made Personal

Summary

Defines key words used for the rules about sex offenders. It says who is a sex offender (someone convicted of a sex offense) and splits offenders into three levels. Tier II and Tier III require crimes that can get you more than 1 year in prison. Tier II covers serious crimes against minors like sex trafficking, coercion/enticement, transporting someone to have sex, abusive sexual contact, using a minor in sex performances, asking a minor to be a prostitute, making or sharing child pornography, or any crime as serious as those, and also includes an offender who later commits a more serious crime after being a Tier I. Tier III covers the most serious crimes that can get more than 1 year, including aggravated or sexual abuse (or abusive contact) of a child under 13, kidnapping of a minor (unless by a parent or guardian), or an offender who later commits a more serious crime after being a Tier II. The “Amie Zyla” part expands what counts as a sex offense. It includes any crime that has a sexual act or contact, certain offenses against minors, specified federal or military sex crimes, and attempts or conspiracies to do those things. Foreign convictions count only if they met fair-process standards. Consensual sex is not a sex offense when the other person was an adult, unless the adult was under the offender’s custodial control, or when the victim was at least 13 and the offender was no more than 4 years older. Other definitions: a “specified offense against a minor” lists many child-predator acts (kidnapping, false imprisonment, solicitation, child porn, video voyeurism, internet-facilitated sexual conduct, etc.); “convicted” can include certain juvenile adjudications if the offender was 14 or older and the juvenile offense was as serious as aggravated sexual abuse; “sex offender registry” means the registry and public notice program; “jurisdiction” names U.S. States, territories, and, in some cases, federally recognized tribes; “student,” “employee,” “resides,” and “minor” (under 18) are also defined.

Title 34, §20911

Navy, Source: USLM XML via OLRC

In this subchapter the following definitions apply:

(1)Sex offender

The term “sex offender” means an individual 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 offender.

(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)

(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)Tier III sex offender

The term “tier III sex offender” means a sex offender whose offense is punishable by imprisonment for more than 1 year and— (A)

(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 definition

(A)Generally

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)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 established under section 20912 of this title.

(C)Offenses involving consensual sexual conduct

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)Criminal offense

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)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 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)Convicted as including certain juvenile adjudications

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)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 institution, 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 habitually lives.

(14)Minor

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.

§20911 Relevant Definitions, Including Amie Zyla Expansion of Sex Offender Definition and Expanded Inclusion of Child Predators