34 USC 20911 - Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators

U.S Code last checked for updates: Nov 22, 2024

§ 20911.

Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators

In this subchapter the following definitions apply:

(1)

Sex offender

(2)

Tier I sex offender

(3)

Tier II 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—

(A)

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:

(i)

sex trafficking (as described in section 1591 of title 18);

(ii)

coercion and enticement (as described in section 2422(b) of title 18);

(iii)

transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1

 So in original. The second closing parenthesis probably should follow “18”.

of title 18;

(iv)

abusive sexual contact (as described in section 2244 of title 18);

(B)

involves—

(i)

use of a minor in a sexual performance;

(ii)

solicitation of a minor to practice prostitution; or

(iii)

production or distribution of child pornography; or

(C)

occurs after the offender becomes a tier I sex offender.

(4)

Tier III sex offender

The term “tier III sex offender” means a sex offender whose offense is punishable by imprisonment for more than 1 year and—

(A)

is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense:

(i)

aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or

(ii)

abusive sexual contact (as described in section 2244 of title 18) against a minor who has not attained the age of 13 years;

(B)

involves kidnapping of a minor (unless committed by a parent or guardian); 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 subparagraph (B) or (C), the term “sex offense” means—

(i)

a criminal offense that has an element involving a sexual act or sexual contact with another;

(ii)

a criminal offense that is a specified offense against a minor;

(iii)

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;

(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

(C)

Offenses involving consensual sexual conduct

(6)

Criminal offense

(7)

Expansion of definition of “specified offense against a minor” to include all offenses by child predators

The term “specified offense against a minor” means an offense against a minor that involves any of the following:

(A)

An offense (unless committed by a parent or guardian) involving kidnapping.

(B)

An offense (unless committed by a parent or guardian) involving false imprisonment.

(C)

Solicitation to engage in sexual conduct.

(D)

Use 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 the use of the Internet to facilitate or attempt such conduct.

(I)

Any conduct that by its nature is a sex offense against a minor.

(8)

Convicted as including certain juvenile adjudications

(9)

Sex offender registry

(10)

Jurisdiction

The term “jurisdiction” means any of the following:

(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.

(H)

To the extent provided and subject to the requirements of section 20929 of this title, a federally recognized Indian tribe.

(11)

Student

(12)

Employee

(13)

Resides

(14)

Minor

(Pub. L. 109–248, title I, § 111, July 27, 2006, 120 Stat. 591.)

cite as: 34 USC 20911