sex offense

(A)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 underunder 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 undersection 115(a)(8)(C)(i) of Public Law 105–119(10 U.S.C. 951note); or (v)an attempt or conspiracy to commit an offense described in clauses (i) through (iv). (B)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. (C)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.

Source

34 USC § 20911(5)(A)


Scoping language

In this subchapter
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