42.03.010 Tier I Offenses

(a) Tribal Offenses Classification. "Tier 1" offenses include offenses for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 2.01, and as outlined in Section 3.01 (A), (B), (C), (D) or E. Tribal Offenses, fall within these listed requirements, shall be considered "Tier 1" offenses.

(b) Sex Offenses. A "Tier I" 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 II" or "Tier III" offense.

(c) Offenses Involving Minors. A "Tier I" offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 2.02(C) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.

(d) Certain Federal Offenses. Conviction for any of the following federal offenses or an attempt or conspiracy to commit such an offense shall be considered a conviction for a "Tier I" 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).

(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 3.01(A),(B), or (C) shall be considered a "Tier I" offense.