§ 16911. Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators
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:
(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—
(5)
Amie Zyla expansion of sex offense definition
(A)
Generally
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;
(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.
(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:
(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.
(10)
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.
(11)
Student
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.
(12)
Employee
The term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not.
(13)
Resides
The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives.
[1] So in original. The second closing parenthesis probably should follow “18”.