34 U.S.C. § 20911 — Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators
submitted 20 years ago by Pub. L. 109-248 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,000 words · no verdicts yet
This section defines terms used in the subchapter, including the three sex-offender tiers, "sex offense," and "specified offense against a minor." It also defines terms about convictions, jurisdictions, students, employees, residence, and minors.
This section defines terms used throughout this subchapter.
(1) Sex offender. A person convicted of a sex offense.
(2) Tier I sex offender. A sex offender who is not a tier II or tier III sex offender.
(3) Tier II sex offender. A sex offender, other than a tier III sex offender, whose offense is punishable by more than 1 year in prison and that: (A) is comparable to or more serious than one of these offenses when committed against a minor, or an attempt or conspiracy to commit one of them against a minor: sex trafficking (18 U.S.C. § 1591), coercion and enticement (18 U.S.C. § 2422(b)), transportation with intent to engage in criminal sexual activity (18 U.S.C. § 2423(a)), or abusive sexual contact (18 U.S.C. § 2244); (B) involves using a minor in a sexual performance, soliciting a minor to practice prostitution, or producing or distributing child pornography; or (C) occurs after the offender becomes a tier I sex offender.
(4) Tier III sex offender. A sex offender whose offense is punishable by more than 1 year in prison and that: (A) is comparable to or more serious than aggravated sexual abuse or sexual abuse (18 U.S.C. §§ 2241 and 2242), or abusive sexual contact (18 U.S.C. § 2244) against a minor under 13, or is an attempt or conspiracy to commit one of those offenses; (B) involves kidnapping a minor, unless a parent or guardian committed it; 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 (B) or (C), "sex offense" means: (i) a criminal offense with an element involving a sexual act or sexual contact with another person; (ii) a criminal offense that is a "specified offense against a minor"; (iii) a Federal offense under section 1591, or chapter 109A, 110 (other than sections 2257, 2257A, or 2258), or 117 of title 18, including an offense prosecuted under section 1152 or 1153 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 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 this subchapter if the victim was an adult, unless the adult was under the offender's custodial authority when the offense occurred, or if the victim was at least 13 and the offender was no more than 4 years older than the victim.
(6) Criminal offense. A State, local, tribal, foreign, or military offense, or another criminal offense. For a military offense, this term applies 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).
(7) Expansion of the definition of "specified offense against a minor" to include all offenses by child predators. A "specified offense against a minor" is an offense against a minor involving: (A) kidnapping, unless committed by a parent or guardian; (B) false imprisonment, unless committed by a parent or guardian; (C) solicitation to engage in sexual conduct; (D) use of a minor 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 using the Internet to facilitate or attempt that conduct; or (I) conduct that by its nature is a sex offense against a minor.
(8) Convicted as including certain juvenile adjudications. "Convicted" and its variants, when used about a sex offense, include being adjudicated delinquent as a juvenile for that offense, but only if the offender was at least 14 years old when the offense occurred and the adjudicated offense was comparable to or more serious than aggravated sexual abuse (section 2241 of title 18), or was an attempt or conspiracy to commit that offense.
(9) Sex-offender registry. A registry of sex offenders and a notification program maintained by a jurisdiction.
(10) Jurisdiction. Any of: (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; or (H) a federally recognized Indian tribe, to the extent provided and subject to the requirements of section 20929 of this title.
(11) Student. A person who enrolls in or attends an educational institution, public or private, including a secondary school, trade or professional school, or institution of higher education.
(12) Employee. Includes a self-employed person and a person who works for any other entity, whether compensated or not.
(13) Resides. For an individual, the location of the individual's home or another place where the individual habitually lives.
(14) Minor. An individual who has not reached 18 years of age.
In this subchapter the following definitions apply:
The term “sex offender” means an individual who was convicted of a sex offense.
The term “tier I sex offender” means a sex offender other than a tier II or tier III 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—
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:
sex trafficking (as described in section 1591 of title 18);
coercion and enticement (as described in section 2422(b) of title 18);
transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1 of title 18;
abusive sexual contact (as described in section 2244 of title 18);
involves—
use of a minor in a sexual performance;
solicitation of a minor to practice prostitution; or
production or distribution of child pornography; or
occurs after the offender becomes a tier I sex offender.
The term “tier III sex offender” means a sex offender whose offense is punishable by imprisonment for more than 1 year and—
is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense:
aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or
abusive sexual contact (as described in section 2244 of title 18) against a minor who has not attained the age of 13 years;
involves kidnapping of a minor (unless committed by a parent or guardian); or
occurs after the offender becomes a tier II sex offender.
Except as limited by subparagraph (B) or (C), the term “sex offense” means—
a criminal offense that has an element involving a sexual act or sexual contact with another;
a criminal offense that is a specified offense against a minor;
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;
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
an attempt or conspiracy to commit an offense described in clauses (i) through (iv).
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.
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.
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.
The term “specified offense against a minor” means an offense against a minor that involves any of the following:
An offense (unless committed by a parent or guardian) involving kidnapping.
An offense (unless committed by a parent or guardian) involving false imprisonment.
Solicitation to engage in sexual conduct.
Use in a sexual performance.
Solicitation to practice prostitution.
Video voyeurism as described in section 1801 of title 18.
Possession, production, or distribution of child pornography.
Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
Any conduct that by its nature is a sex offense against a minor.
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.
The term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction.
The term “jurisdiction” means any of the following:
A State.
The District of Columbia.
The Commonwealth of Puerto Rico.
Guam.
American Samoa.
The Northern Mariana Islands.
The United States Virgin Islands.
To the extent provided and subject to the requirements of section 20929 of this title, a federally recognized Indian tribe.
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.
The term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not.
The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives.
The term “minor” means an individual who has not attained the age of 18 years.
Source credit: (Pub. L. 109–248, title I, § 111, July 27, 2006, 120 Stat. 591.)
- 2006Enacted · Pub. L. 109-248 · 120 Stat. 591
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-248 on 2006-07-27.
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