5-42-7. Persons’ Subjected to Chapter 42.

Individuals who reside within the exterior boundaries of the Rosebud Reservation or otherwise reside on property owned by the Rosebud Sioux Tribe in fee or trust regardless of location, are employed within the exterior boundaries of the Rosebud Reservation or on property owned by the Rosebud Sioux Tribe in fee or trust regardless of location , or students who attend school within the exterior boundaries of the Rosebud Reservation or on property owned by the Rosebud Sioux Tribe in fee or trust regardless of location, or offenders who visit the rosebud Reservation for a period of twenty-four (24) hours or more, that have been convicted of any of the following offenses, or convicted of an attempt or conspiracy to commit any of the of the following offenses, are subject to the requirements of this code:

  1. Tribal Offenses.
    1. RSTLOC 5-7-1 Aggravated Sexual Abuse,
    2. RSTLOC 5-7-2 Sexual Abuse,
    3. RSTLOC 5-7-4 Abusive Sexual Contact,
    4. RSTLOC 5-7-5 Sexual Contact without Consent with Person Capable of Consenting,
    5. RSTLOC 5-7-7 Threatening to Commit a Sexual Offense,
    6. RSTLOC 5-7-8  Bestiality,
    7. RSTLOC 5-7-11 Indecent Exposure
  2. Federal Offenses. A conviction for any of the following, and any other offense hereafter include in the definition of “sex offense” at 42 U.S.C. 1911(5):
    1. 18 U.S.C. §1591 (sex trafficking of children),
    2. 18 U.S.C. §1801 (video voyeurism of a minor),
    3. 18 U.S.C. §2241 (aggravated sexual abuse),
    4. 18 U.S.C. §2242 (sexual abuse),
    5. 18 U.S.C. §2243 (sexual abuse of a minor or ward),
    6. 18 U.S.C. §2244 (abusive sexual contact),
    7. 18 U.S.C. §2245 (offenses resulting in death),
    8. 18 U.S.C. §2251 (sexual exploitation of children),
    9. 18 U.S.C. §2251(A) (selling or buying of children)
    10. 18 U.S.C.§ 2252 (material involving the sexual exploitation of a minor),
    11. 18 U.S.C. §2252(A) (material containing child pornography),
    12. 18 U.S.C.§ 2252(B) (misleading domain names on the internet),
    13. 18 U.S.C. §2252(C) (misleading words or digital images on the internet),
    14. 18 U.S.C. §2260 (production of sexually explicit depictions of a minor or import into U.S.),
    15. 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),
    16. 18 U.S.C. §2422 (coercion and enticement of a minor for illegal sexual activity),
    17. 18 U.S.C. §2423 (Mann Act),
    18. 18 U.S.C. §2424 (failure to file factual statement about an alien individual),
    19. 18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct),
    20. 18 U.S.C. §1152 (Assimilative Crimes Act),
    21. 18 U.S.C. §1153 (Assimilative Crimes Act).
  3. Foreign Offenses. Any conviction for a sex offense involving any conduct listed in this Section that was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or 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.
  4. 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).
  5. Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. 2241) and committed by a minor who is fourteen (14) years of age or older at the time of the offense. This includes engaging in a sexual act with another by force or the threat of serious violence; or engaging in a sexual act with another by rendering unconscious or involuntary drugging the victim.
  6. Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this tribe, that involves:
    1. Any type or degree of genital, oral, or anal penetration,
    2. Any sexual touching of or sexual contact with a person’s body, either directly or through the clothing,
    3. Kidnapping of a minor,
    4. False imprisonment of a minor,
    5. Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct,
    6. Use of a minor in a sexual performance,
    7. Solicitation of a minor to practice prostitution,
    8. Possession, production or distribution of child pornography,
    9. Criminal sexual conduct that involves physical contact with a minor or the use of the internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense,
    10. Any conduct that by its nature is a sex offense against a minor; or
    11. Any offense similar to those outlines in:
      1. 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion),
      2. 18 U.S.C. § 1801 (video voyeurism or a minor),
      3. 18 U.S.C. §2241 (aggravated sexual abuse),
      4. 18 U.S.C.§ 2242 (sexual abuse),
      5. 18 U.S.C.§ 2244 (abusive sexual contact),
      6. 18 U.S.C.§ 2422(b) (coercing a minor to engage in prostitution), or
      7. 18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct).
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