8.4.3.010 Definitions

The Definitions below apply to this Title only.

(a) Conviction. A conviction in any court of competent jurisdiction upon a criminal trial, a plea of guilty or a plea of nolo contendere, and includes a deferred sentence, but does not include a conditional discharge. Also referred to as "convicted".

(b) Employee. An individual who is self-employed or works for any other entity, regardless of compensation including by not limited to volunteers, interns, externs, and apprentices. See also Chpt. 64, Sec. 64.1(4).

(c) Habitually Lives. When the offender actually lives in a jurisdiction for more than fifteen (15) days in total within a six (6) month period. The fifteen (15) days do not have to be consecutive.

(d) Immediate. "Immediate" and "immediately" means within three (3) business days.

(e) Imprisonment. Incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state "prison" as well as in a local or tribal "jail". Persons under "house arrest" following conviction of a covered sex offense are required to register pursuant to the provisions of this Code during their period of "house arrest."

(f) Jurisdiction. The term "jurisdiction" refers to the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe. This includes the Pueblo de San Ildefonso Lands.

(g) Minor. An individual who has not attained the age of eighteen (18) years.

(h) Police Department. The Bureau of Indian Affairs Office of Justice Services – Northern Pueblos Agency which currently serves as the Pueblo's primary law enforcement agency.

(i) Pueblo de San Ildefonso Lands. All lands subject to the jurisdiction of the Pueblo de San Ildefonso which is all of Pueblo de San Ildefonso "Indian Country" under Title 18 U.S.C. §1151(b) as well as such other lands now or hereafter held in trust for the Pueblo's benefit by the United States. Also referred to as "Pueblo's Lands."

(j) Resides. The location of the individual's home or other place where the individual habitually lives or sleeps.

(k) Sexual Act. The term means:

(1) contact between the penis and the vulva or the penis and the anus, and for purposes of this definition, contact involving the penis occurs upon penetration, however slight;

(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

(3) the penetration, however, slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or

(4) the intentional touching, not through the clothing, of the genitalia of another person that has not attained the age of eighteen (18) years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(l) Sexual Contact. The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.

(m) Sex Offense. Those offenses contained in Section 111 (5) of SORNA and those offenses enumerated in Sec. 61.2. of this Code or any other covered offense under tribal law.

An offense involving consensual sexual conduct is not a sex offense for the purposes of this Code 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 thirteen (13) years old and the offender was not more than four (4) years older than the victim.

(n) Sex Offender. A person convicted of a sex offense pursuant to federal, state, tribal or military law or pursuant to the law of a foreign nation that provides due process similar to that provided in the United States.

(o) Sex Offender Registry. The registry of sex offenders, and a notification program, maintained by the Pueblo, or agent or designee of the Pueblo de San Ildefonso.

(p) Student. A person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education.

(q) SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. §16911 et. seq., as amended.

(r) Tribal Court. The Tribal Court of the Pueblo de San Ildefonso.

(s) Tribe. Pueblo de San Ildefonso. Can also include the Pueblo de San Ildefonso Tribal Court.