5-42-6. Definitions.

The Definitions below apply to this Chapter only:

1. 1. Prosecuted and found guilty as an adult for a sex offense; or
   2. Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is fourteen (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 either (a) or (b) of section 2241 of title 18, United States Code), or was an attempt or conspiracy to commit such an offense.
2. Foreign Convictions. A foreign conviction is one obtained outside of the United States.
3. Employee. The term “employee” as used in this code includes, but is not limited to an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of a tribal agency or organization are included within the definition of employee for registration purposes.
4. Immediate. “Immediate” and “immediately” mean within three (3) business days.
5. Imprisonment. The term “imprisonment” refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves a sentence. The term is to be interpreted broadly to include, for example, confinement in a state “prison” as well as in a federal, military, foreign, BIA, private or contract facility or a local or tribal “jail”. Persons under “house arrest” following conviction of a covered sex offense are required to register pursuant to the provisions of this code during their period of “house arrest”.
6. Jurisdiction. The term “jurisdiction” as used in this code refers to the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United State Virgin Islands, and any Indian tribe.
7. Minor. The term “minor” means an individual who has not attained the age of eighteen (18) years.
8. Resides. The term “reside” or “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives or sleeps or visits.  This includes all sex offenders who visit the Rosebud Reservation for a period twenty-four (24) hours or more.
9. Sex Offender. A person convicted of a sex offense is a “sex offender”.
10. Sexual Offense. The term “sexual offense” means:
    1. A criminal offense that has an element involving a sexual act or sexual contact with another.
    2. A criminal offense that is a “specified offense against a minor”. The term “specified offense against a minor” means an offense against a minor that involves any of the following:
       1. An offense (unless committed by a parent or guardian) involving kidnapping.
       2. An offense (unless committed by a parent or guardian) involving false imprisonment.
       3. Solicitation to engage in sexual conduct.
       4. Use in a sexual performance.
       5. Solicitation to practice prostitution.
       6. Video voyeurism as described in 18 U.S.C. §1801
       7. Possession, production, or distribution of child pornography
       8. Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
       9. Any conduct that by its nature is a sex offense against a minor.
    3. A Federal offense (including an offense prosecuted under section 1152 or 1153 of Title 18 of the United States Code) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code.
    4. 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
    5. An attempt or conspiracy to commit an offense described in clauses (1) through (4).
    6. Offenses involving Consensual Sexual Conduct. An offense involving consensual sexual conduct is not a sex offense for the purposes of this Code 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 thirteen (13) years old and the offender was not more than four (4) years older than the victim.
    7. Foreign Offenses. A foreign conviction is not a sex offense for the purposes of this code/ordinance unless it was either:
       1. Obtained under the laws of Canada, the United Kingdom, Australia, New Zealand; or
       2. Under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred.
11. Sexual Act. The term “sexual act” means;
    1. Contact between the penis and the vulva or the penis and the anus, and for the purpose of this definition contact involving the penis occurs upon penetration, however slight;
    2. Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
    3. The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
    4. The intentional touching, not through the clothing, of the genitalia or another person that has not attained the age of eighteen (18) years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
12. Sexual Contact. The intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.
13. Student. A “student’ is a person who enrolls in or attends either a private or public education, including a secondary school, trade or professional school, or an institution of higher education. Including but not limited to interns, externs and apprentices.
14. SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. 16911 et. seq., as amended.
15. Sex Offender Registry. The term “sex offender registry” means the registry of sex offenders, and a notification program, maintained by Rosebud Sioux Tribe Police Department.
16. National Sex Offender Registry (NSOR). The national database maintained by the attorney General of the United States pursuant to 42 U.S.C. §16919.
17. SMART Office. The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking, which was established within the United States Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. §16945.
18. Dru Sjodin National sex offender Public Website (NSOPW). The public website maintained by the Attorney General of the United States pursuant to 412 U.S.C. §16920.
19. “Tier 1 Sex Offender.” A “tier 1 sex offender”, or a “sex offender” designated as “tier 1”, is one that has been convicted of a “tier 1” sex offense as defined in 5-42-8.
20. Tier 2 Sex Offender.” A “tier 2 sex offender,” or a “sex offender” designated as “tier 2,” is one that has been either convicted of a “tier 2” sex offense as defined in 5-42-9, or who is subject to the recidivist provisions of 5-42-9(B).
21. “Tier 3 Sex Offender.” A “tier 3 sex offender,” or a “sex offender” designated as “tier 3,” is one that has been either convicted of a “tier 3” sex offense as defined in 5-41-10, or who is subject to the recidivist provisions of 5-42-10(B)