8.4.4.030 Tier 3 Offenses

(a) Recidivism and Felonies. A "Tier 3" offense is any sex offense that is punishable by more than one (1) year in jail where the offender has at least one prior conviction for a Tier 2 sex offense.

(b) General Offenses. A "Tier 3" offense includes any sex offense for which a person has been convicted that involves:

(1) Non-parental kidnapping of a minor,

(2) A sexual act with another by force or threat,

(3) A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or

(4) Sexual contact with a minor twelve (12) years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.

(c) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered "Tier 3" offenses:

(1) Aggravated sexual abuse (18 U.S.C. §2241),

(2) Sexual abuse (18 U.S.C. §2242),

(3) Sexual abuse of a minor or ward (18 U.S.C. §22.43), or

(4) Abusive sexual contact where the victim is twelve (12) years of age or younger (18 U.S.C. §2244) (abusive sexual contact), or

(5) Offenses resulting in death (18 U.S.C. §2245).

(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 note) that is similar to those offenses outlined in Sec. 62.3(1), (2) or (3) shall be considered "Tier 3" offenses.