5-42-8 Tier 1 Offenses

1. 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 a “Tier 3” offense.
2. 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 5-42-7(c) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.
3. Tribal Offenses. Any sex offense covered by this act where punishment was limited to one (1) year in jail shall be considered a “Tier 1” sex offense.
4. 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 or a minor),
   2. 18 U.S.C. §2252 (receipt or possession of child pornography),
   3. 18 U.S.C. §2252(A) (receipt or possession of child pornography),
   4. 18 U.S.C. §2252(B) (misleading domains names on the internet),
   5. 18 U.S.C. §2252(C) (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. §2424 (failure to file factual statement about an alien individual), or
   10. 18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct).
5. 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 5-42-8(A), (B) or (C) shall be considered a “Tier 1” offense.