42 U.S. Code § 16911 - Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators
prev | next
In this subchapter the following definitions apply:
(2) Tier I sex offender
The term “tier I sex offender” means a sex offender other than a tier II or tier III 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:
(iii) transportation with intent to engage in criminal sexual activity (as described in section 2423 (a))  of title 18;
(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
(5) Amie Zyla expansion of sex offense definition
Except as limited by subparagraph (B) or (C), the term “sex offense” means—
(iii) a Federal offense (including an offense prosecuted under section 1152 or 1153 of title 18) under section 1591, or chapter 109section 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) ofPublic Law 105–119 (10 U.S.C. 951 note); or
(B) Foreign convictions
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 16912 of this title.
(C) Offenses involving consensual sexual conduct
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.
(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:
(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
(8) Convicted as including certain juvenile adjudications
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.
(9) Sex offender registry
The term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction.
The term “jurisdiction” means any of the following:
(H) To the extent provided and subject to the requirements of section 16927 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.
 So in original. The second closing parenthesis probably should follow “18”.
Source(Pub. L. 109–248, title I, § 111,July 27, 2006, 120 Stat. 591.)
References in Text
This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables.