CHAPTER 15-10
TIERING OF OFFENSES

15-10-1 Tier 1 Offenses.

(A)    Sex Offenses. A “Tier 1” offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that is not a “Tier 2” or “Tier 3” offense.

(B)    Offenses Involving Minors. A “Tier 1” offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 15-9-C, that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.

(C)    Tribal Offenses. Conviction for the following sex offense/s in this Title shall be considered a “Tier 1” sex offense:

(1)    Section 15-2-34 Sexual Assault.

(2)    Section 15-2-22 False Imprisonment (non-parental; if victim is a minor)

(D)    Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered a conviction for a “Tier 1” offense:

(1)    18 U.S.C. §1801 (video voyeurism of a minor),

(2)    18 U.S.C. §2252 (receipt or possession of child pornography),

(3)    18 U.S.C. §2252A (receipt or possession of child pornography),

(4)    18 U.S.C. §2252B (misleading domain names on the internet),

(5)    18 U.S.C. §2252C (misleading words or digital images on the internet),

(6)    18 U.S.C. §2422(a) (coercion to engage in prostitution),

(7)    18 U.S.C. §2423(b) (travel with the intent to engage in illicit conduct),

(8)    18 U.S.C. §2423(c) (engaging in illicit conduct in foreign places),

(9)    18 U.S.C. §2423(d) (arranging, inducing, procuring, or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain)

(10)    18 U.S.C. §2424 (failure to file factual statement about an alien individual), or

(11)    18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct).

(D)    Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in Section 3.01(A), (B), or (C) shall be considered a “Tier 1” offense.

15-10-2 Tier 2 Offenses.

(A)    Recidivism and Felonies. Any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one year in jail is considered a “Tier 2” offense.

(B)    Offenses Involving Minors. A “Tier 2” offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense that involves:

(1)    The use of minors in prostitution, including solicitations,

(2)    Enticing a minor to engage in criminal sexual activity,

(3)    A non-forcible Sexual Act with a minor 16 or 17 years old,

(4)    Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body,

(5)    The use of a minor in a sexual performance, or

(6)    The production or distribution of child pornography.

(C)    Tribal Offenses. Conviction for the following sex offense/s in this Title shall be considered a “Tier 2” sex offense:

(1)    Section 15-2-33 Deviate Sexual Intercourse.

(2)    Section 15-5-27 Prostitution (if victim is a minor)

(D)    Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered a conviction for a “Tier 2” offense:

(1)    18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),

(2)    18 U.S.C. §2244 (abusive sexual contact, where the victim is 13 years of age or older),

(3)    18 U.S.C. §2251 (sexual exploitation of children),

(4)    18 U.S.C. §2251A (selling or buying of children),

(5)    18 U.S.C. §2252 (material involving the sexual exploitation of a minor),

(6)    18 U.S.C. §2252A (production or distribution of material containing child pornography),

(7)    18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the United States),

(8)    18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),

(9)    18 U.S.C. §2422(b) (coercing a minor to engage in prostitution),

(10)    18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct).

(11)    18 U.S.C. §2423 (d) (arranging, inducing, procuring, or facilitating the travel in interstate commerce of a minor for the purpose of engaging in illicit conduct for financial gain),

(E)    Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in Section 15-10-2 (A), (B), or (C) shall be considered a “Tier 2” offense.

15-10-3 Tier 3 Offenses.

(A)    Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a “Tier 3” offense.

(B)    Tribal Offenses. Conviction for the following sex offenses in this Title shall be considered a “Tier 3” sex offense:

(1)    Section 15-2-31 Rape in the First Degree.

(2)    Section 15-2-32 Rape in the Second Degree.

(3)    Section 15-2-21 Kidnapping (non-parental; if victim is a minor)

(C)    General Offenses. A “Tier 3” offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves:

(1)    Non-parental kidnapping of a minor,

(2)    A sexual act with another by force or threat,

(3)    A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or

(4)    Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.

(D)    Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered conviction for a “Tier 3” offense:

(1)    18 U.S.C. §2241 (aggravated sexual abuse),

(2)    18 U.S.C. §2242 (sexual abuse),

(3)    18 U.S.C. §2243 (sexual abuse of a minor or ward), or

(4)    Where the victim is 12 years of age or younger, 18 U.S.C. §2244 (abusive sexual contact).

(E)    Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in Section 15-10-3(A), (B), or (C) shall be considered a “Tier 3” offense.