§20911 — Title 34 Navy | U.S. Code

Summary

Defines the main words used in the rules about sex offenders and child predators. It explains who counts as a sex offender and breaks offenders into three levels (tier I, II, and III) based on how serious the crime is and when it happened. A "sex offender" is someone convicted of a sex offense. A "tier I" offender is any sex offender who is not tier II or III. A "tier II" offender committed a crime punishable by more than 1 year in prison and either did things like sex trafficking, coercion/enticement, transporting someone to have sex, abusive sexual contact, used a minor in a sexual performance, solicited a minor for prostitution, made or shared child pornography, or became tier II after being tier I. A "tier III" offender committed a crime punishable by more than 1 year that is like aggravated sexual abuse or abusive sexual contact against a child under 13, or kidnapped a minor (unless the kidnapper was a parent/guardian), or became tier III after being tier II. A "sex offense" means a crime that includes a sexual act or sexual contact, certain crimes against minors, certain federal or military sexual crimes, or attempts or conspiracies to do these things. Foreign convictions don’t count if they were not done with fair legal protections under rules in section 20912. Consensual sex with an adult is not a sex offense unless the adult was under the offender’s custody. Sex with someone at least 13 is not a sex offense under this rule if the offender is no more than 4 years older. Other terms: "criminal offense" covers state, local, tribal, foreign, or military crimes; "specified offense against a minor" lists serious child-related sexual crimes; "convicted" can include some juvenile adjudications if the offender was 14 or older and the offense was like aggravated sexual abuse; "sex offender registry" is the registry and notice program run by a jurisdiction; "jurisdiction" names states, DC, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and, in some cases, a federally recognized Indian tribe; "student" means anyone enrolled in school; "employee" includes self-employed and unpaid workers; "resides" means where someone 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.

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