8.4.4.020 Tier 2 Offenses

(a) Recidivism and Felonies. Unless otherwise covered by Sec. 62.3, a "Tier 2" offense is any sex offense which is not the first sex offense for which a person has been convicted, that is punishable by more than one (1) year in jail.

(b) Offenses Involving Minors. A "Tier 2" offense includes any sex offense against a minor for which a person has been convicted that involves:

(1) The use of minors in prostitution, including solicitations,

(2) Enticing a minor to engage in criminal sexual activity,

(3) Sexual conduct with a minor thirteen (13) years of age or older, whether direct or through the clothing, that involves the intimate parts of the body,

(4) The use of a minor in a sexual performance, or

(5) The production for distribution of child pornography.

(c) Certain Federal Offenses. Conviction for any of the following federal offenses or an attempt or conspiracy to commit such an offense shall be considered "Tier 2" offenses:

(1) Sex trafficking by force, fraud, or coercion (18 U.S.C. §1591),

(2) Arranging, inducing, procuring, or facilitating the travel in interstate commerce of a minor for the purpose of engaging in illicit conduct for financial gain (18 U.S.C. §2423(d)),

(3) Abusive sexual contact with a person 13 years of age or older (18 U.S.C. §2244),

(4) Sexual exploitation of children (18 U.S.C. §2251),

(5) Selling or buying of children (18 U.S.C. §2251A),

(6) Material involving the sexual exploitation of a minor (18 U.S.C. §2252),

(7) Production or distribution of material containing child pornography (18 U.S.C. §2252A),

(8) Production of sexually explicit depiction of a minor for import into the United States (18 U.S.C. §2260),

(9) Transportation of a minor for illegal sexual activity (18 U.S.C. §2421),

(10) Coercing a minor to engage in prostitution (18 U.S.C. §2422(b)),

(11) Transporting a minor to engage in illicit conduct (18 U.S.C. §2423(a)).

(d) Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. §951) that is similar to those offenses outlined in Sec. 62.2(1), (2), or (3) shall be considered "Tier 2" offenses.