Federal · Title 34 — Crime Control and Law Enforcement

34 U.S.C. § 20911: Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators

Civil

What this law says, in plain English

This statute defines sex offender categories (Tier I, II, III) and specifies which criminal convictions qualify someone as a sex offender under federal law, including exceptions for consensual adult conduct.

Read the full statutory text
The term “sex offender” means an individual who was convicted of a sex offense. The term “tier I sex offender” means a sex offender other than a tier II or tier III sex offender. sex trafficking (as described in section 1591 of title 18 ); coercion and enticement (as described in section 2422(b) of title 18 ); transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1 of title 18; 1 So in original. The second closing parenthesis probably should follow “18”. abusive sexual contact (as described in section 2244 of title 18 ); use of a minor in a sexual performance; solicitation of a minor to practice prostitution; or production or distribution of child pornography; or occurs after the offender becomes a tier I sex offender. aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or abusive sexual contact (as described in section 2244 of title 18 ) against a minor who has not attained the age of 13 years; involves kidnapping of a minor (unless committed by a parent or guardian); or occurs after the offender becomes a tier II sex offender. a criminal offense that has an element involving a sexual act or sexual contact with another; a criminal offense that is a specified offense against a minor; 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; 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 an attempt or conspiracy to commit an offense described in clauses (i) through (iv). A foreign conviction is not a sex offense for the purposes of this subchapter if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 20912 of this title . An offense involving consensual sexual conduct is not a sex offense for the purposes of this subchapter 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 13 years old and the offender was not more than 4 years older than the victim. The term “criminal offense” means a State, local, tribal, foreign, or military offense (to the extent 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 other criminal offense. An offense (unless committed by a parent or guardian) involving kidnapping. An offense (unless committed by a parent or guardian) involving false imprisonment. Solicitation to engage in sexual conduct. Use in a sexual performance. Solicitation to practice prostitution. Video voyeurism as described in section 1801 of title 18 . Possession, production, or distribution of child pornography. Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct. Any conduct that by its nature is a sex offense against a minor. The term “convicted” or a variant thereof, used with respect to a sex offense, includes adjudicated delinquent as a juvenile for that offense, but only if the offender is 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 section 2241 of title 18 ), or was an attempt or conspiracy to commit such an offense. The term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction. A State. The District of Columbia. The Commonwealth of Puerto Rico. Guam. American Samoa. The Northern Mariana Islands. The United States Virgin Islands. To the extent provided and subject to the requirements of section 20929 of this title , a federally recognized Indian tribe. The term “student” means an individual who enrolls in or attends an educational institution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education. The term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not. The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives. The term “minor” means an individual who has not attained the age of 18 years.

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