{"identifier":"/us/usc/t34/s20911","title":34,"num":"\u00a7\u202f20911.","heading":"Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators","text":"\u00a7\u202f20911.\nRelevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators\nIn this subchapter the following definitions apply:\n(1)\nSex offender\nThe term \u201csex offender\u201d means an individual who was convicted of a sex offense.\n(2)\nTier I sex offender\nThe term \u201ctier I sex offender\u201d means a sex offender other than a tier II or tier III sex offender.\n(3)\nTier II sex offender\nThe term \u201ctier II sex offender\u201d means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and\u2014\n(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:\n(i) sex trafficking (as described in\nsection 1591 of title 18\n(ii) coercion and enticement (as described in\nsection 2422(b) of title 18\n(iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a))\n1\n1 So in original. The second closing parenthesis probably should follow \u201c18\u201d.\n(iv) abusive sexual contact (as described in\nsection 2244 of title 18\n(B) involves\u2014\n(i) use of a minor in a sexual performance;\n(ii) solicitation of a minor to practice prostitution; or\n(iii) production or distribution of child pornography; or\n(C) occurs after the offender becomes a tier I sex offender.\n(4)\nTier III sex offender\nThe term \u201ctier III sex offender\u201d means a sex offender whose offense is punishable by imprisonment for more than 1 year and\u2014\n(A) is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense:\n(i) aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or\n(ii) abusive sexual contact (as described in\nsection 2244 of title 18\n(B) involves kidnapping of a minor (unless committed by a parent or guardian); or\n(C) occurs after the offender becomes a tier II sex offender.\n(5)\nAmie Zyla expansion of sex offense definition\n(A)\nGenerally\nExcept as limited by subparagraph (B) or (C), the term \u201csex offense\u201d means\u2014\n(i) a criminal offense that has an element involving a sexual act or sexual contact with another;\n(ii) a criminal offense that is a specified offense against a minor;\n(iii) a Federal offense (including an offense prosecuted under section 1152 or 1153 of title 18) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of title 18;\n(iv) a military offense specified by the Secretary of Defense under\nsection 115(a)(8)(C)(i) of Public Law 105\u2013119\n10 U.S.C. 951\n(v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv).\n(B)\nForeign convictions\nA 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\nsection 20912 of this title\n(C)\nOffenses involving consensual sexual conduct\nAn 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.\n(6)\nCriminal offense\nThe term \u201ccriminal offense\u201d means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under\nsection 115(a)(8)(C)(i) of Public Law 105\u2013119\n10 U.S.C. 951\n(7)\nExpansion of definition of \u201cspecified offense against a minor\u201d to include all offenses by child predators\nThe term \u201cspecified offense against a minor\u201d means an offense against a minor that involves any of the following:\n(A) An offense (unless committed by a parent or guardian) involving kidnapping.\n(B) An offense (unless committed by a parent or guardian) involving false imprisonment.\n(C) Solicitation to engage in sexual conduct.\n(D) Use in a sexual performance.\n(E) Solicitation to practice prostitution.\n(F) Video voyeurism as described in\nsection 1801 of title 18\n(G) Possession, production, or distribution of child pornography.\n(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.\n(I) Any conduct that by its nature is a sex offense against a minor.\n(8)\nConvicted as including certain juvenile adjudications\nThe term \u201cconvicted\u201d 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\nsection 2241 of title 18\n(9)\nSex offender registry\nThe term \u201csex offender registry\u201d means a registry of sex offenders, and a notification program, maintained by a jurisdiction.\n(10)\nJurisdiction\nThe term \u201cjurisdiction\u201d means any of the following:\n(A) A State.\n(B) The District of Columbia.\n(C) The Commonwealth of Puerto Rico.\n(D) Guam.\n(E) American Samoa.\n(F) The Northern Mariana Islands.\n(G) The United States Virgin Islands.\n(H) To the extent provided and subject to the requirements of\nsection 20929 of this title\n(11)\nStudent\nThe term \u201cstudent\u201d 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.\n(12)\nEmployee\nThe term \u201cemployee\u201d includes an individual who is self-employed or works for any other entity, whether compensated or not.\n(13)\nResides\nThe term \u201cresides\u201d means, with respect to an individual, the location of the individual\u2019s home or other place where the individual habitually lives.\n(14)\nMinor\nThe term \u201cminor\u201d means an individual who has not attained the age of 18 years.","url":"https://projectusc.org/usc/t34/s20911.html","content":[{"t":"sec","id":"/us/usc/t34/s20911","children":[{"t":"num","text":"\u00a7\u202f20911."},{"t":"heading","text":"Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators","tail":"\n"},{"t":"chapeau","text":"In this subchapter the following definitions apply:"},{"t":"para","id":"/us/usc/t34/s20911/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Sex offender"},{"t":"content","children":[{"t":"p","text":"The term \u201csex offender\u201d means an individual who was convicted of a sex offense.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Tier I sex offender"},{"t":"content","children":[{"t":"p","text":"The term \u201ctier I sex offender\u201d means a sex offender other than a tier II or tier III sex offender.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Tier II sex offender"},{"t":"chapeau","text":"The term \u201ctier II sex offender\u201d means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and\u2014"},{"t":"subpara","id":"/us/usc/t34/s20911/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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:"},{"t":"clause","id":"/us/usc/t34/s20911/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" sex trafficking (as described in ","children":[{"t":"ref","text":"section 1591 of title 18","href":"/us/usc/t18/s1591","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" coercion and enticement (as described in ","children":[{"t":"ref","text":"section 2422(b) of title 18","href":"/us/usc/t18/s2422/b","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/3/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" transportation with intent to engage in criminal sexual activity (as described in section 2423(a))\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The second closing parenthesis probably should follow \u201c18\u201d."},{"t":"text","text":"\u202fSo in original. The second closing parenthesis probably should follow \u201c18\u201d.","tail":" of title 18;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/3/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" abusive sexual contact (as described in ","children":[{"t":"ref","text":"section 2244 of title 18","href":"/us/usc/t18/s2244","tail":");"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/3/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" involves\u2014"},{"t":"clause","id":"/us/usc/t34/s20911/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" use of a minor in a sexual performance;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" solicitation of a minor to practice prostitution; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/3/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" production or distribution of child pornography; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" occurs after the offender becomes a tier I sex offender.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Tier III sex offender"},{"t":"chapeau","text":"The term \u201ctier III sex offender\u201d means a sex offender whose offense is punishable by imprisonment for more than 1 year and\u2014"},{"t":"subpara","id":"/us/usc/t34/s20911/4/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense:"},{"t":"clause","id":"/us/usc/t34/s20911/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18); or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" abusive sexual contact (as described in ","children":[{"t":"ref","text":"section 2244 of title 18","href":"/us/usc/t18/s2244","tail":") against a minor who has not attained the age of 13 years;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" involves kidnapping of a minor (unless committed by a parent or guardian); or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" occurs after the offender becomes a tier II sex offender.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Amie Zyla expansion of sex offense definition"},{"t":"subpara","id":"/us/usc/t34/s20911/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Generally"},{"t":"chapeau","text":"Except as limited by subparagraph (B) or (C), the term \u201csex offense\u201d means\u2014"},{"t":"clause","id":"/us/usc/t34/s20911/5/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a criminal offense that has an element involving a sexual act or sexual contact with another;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/5/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a criminal offense that is a specified offense against a minor;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/5/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a Federal offense (including an offense prosecuted under section 1152 or 1153 of title 18) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of title 18;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/5/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a military offense specified by the Secretary of Defense under ","children":[{"t":"ref","text":"section 115(a)(8)(C)(i) of Public Law 105\u2013119","href":"/us/pl/105/119/s115/a/8/C/i","tail":" ("},{"t":"ref","text":"10 U.S.C. 951","href":"/us/usc/t10/s951","tail":" note); or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t34/s20911/5/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" an attempt or conspiracy to commit an offense described in clauses (i) through (iv).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Foreign convictions"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"ref","text":"section 20912 of this title","href":"/us/usc/t34/s20912","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/5/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Offenses involving consensual sexual conduct"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Criminal offense"},{"t":"content","children":[{"t":"p","text":"The term \u201ccriminal offense\u201d means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under ","children":[{"t":"ref","text":"section 115(a)(8)(C)(i) of Public Law 105\u2013119","href":"/us/pl/105/119/s115/a/8/C/i","tail":" ("},{"t":"ref","text":"10 U.S.C. 951","href":"/us/usc/t10/s951","tail":" note)) or other criminal offense."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Expansion of definition of \u201cspecified offense against a minor\u201d to include all offenses by child predators"},{"t":"chapeau","text":"The term \u201cspecified offense against a minor\u201d means an offense against a minor that involves any of the following:"},{"t":"subpara","id":"/us/usc/t34/s20911/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" An offense (unless committed by a parent or guardian) involving kidnapping.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" An offense (unless committed by a parent or guardian) involving false imprisonment.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Solicitation to engage in sexual conduct.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Use in a sexual performance.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Solicitation to practice prostitution.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" Video voyeurism as described in ","children":[{"t":"ref","text":"section 1801 of title 18","href":"/us/usc/t18/s1801","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" Possession, production, or distribution of child pornography.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/7/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" Any conduct that by its nature is a sex offense against a minor.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Convicted as including certain juvenile adjudications"},{"t":"content","children":[{"t":"p","text":"The term \u201cconvicted\u201d 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 ","children":[{"t":"ref","text":"section 2241 of title 18","href":"/us/usc/t18/s2241","tail":"), or was an attempt or conspiracy to commit such an offense."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Sex offender registry"},{"t":"content","children":[{"t":"p","text":"The term \u201csex offender registry\u201d means a registry of sex offenders, and a notification program, maintained by a jurisdiction.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Jurisdiction"},{"t":"chapeau","text":"The term \u201cjurisdiction\u201d means any of the following:"},{"t":"subpara","id":"/us/usc/t34/s20911/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" A State.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The District of Columbia.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The Commonwealth of Puerto Rico.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Guam.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" American Samoa.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" The Northern Mariana Islands.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" The United States Virgin Islands.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t34/s20911/10/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" To the extent provided and subject to the requirements of ","children":[{"t":"ref","text":"section 20929 of this title","href":"/us/usc/t34/s20929","tail":", a federally recognized Indian tribe."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Student"},{"t":"content","children":[{"t":"p","text":"The term \u201cstudent\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Employee"},{"t":"content","children":[{"t":"p","text":"The term \u201cemployee\u201d includes an individual who is self-employed or works for any other entity, whether compensated or not.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Resides"},{"t":"content","children":[{"t":"p","text":"The term \u201cresides\u201d means, with respect to an individual, the location of the individual\u2019s home or other place where the individual habitually lives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20911/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Minor"},{"t":"content","children":[{"t":"p","text":"The term \u201cminor\u201d means an individual who has not attained the age of 18 years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}