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NCA 10-211
CLASSIFICATION: #22.
HEALTH & SAFETY
A LAW OF THE MUSCOGEE (CREEK) NATION ENACTING A LAW RECUIRING
SEX OFFENDER REGISTRATION
Be it Enacted by the National Council of the Muscogee (Creek) Nation;
SECTION ONE. NEW LAW.
The following new law shall be codified in Tille 22 of
the Code of Laws of the Muscogee (Creek) Nation; provided that for purp~ses of
codification of said new law and its inclusion in pocket parts for the Code of Lavis of the
Muscogee (Creek) Nation, the Codification Committee is hereby authorized: (1) to
approve any changes related to the manner in which sections, articles, chaplers and
sub-chapters are designated in this law in order to be consistent with the form~rt in the
Code of Laws pUblished in 2003 by West Publishing Company; (2) to include fcotnoted
references to the legislative history in said pocket parts to the Code of Laws; arid (3) to
note in said pocket parts any editorial correction of minor clerical or grammatical errors
in the following new law:
CHAPTER 10. SEX OFFENDER REGISTRATION CODE
SUBCHAPTER 1. GENERAL MATTERS
§10-101. Title
This Code shall be known as the Sex Offender Registration Code.
§10-102. Purpose
The purpose of this code is to implement the federal Sex Offender Registration and
Notification Act (SORNA) (Title I of Public Law 109-248) pursuant to Section 127 of
SORNA and the Nation’s election to assert jurisdiction pursuant to SORNA, by
Resolution TR-07-069, June 30, 2007, and shall be interpreted liberally to comply with
the terms and conditions of SORNA as presently written or hereafter amended.
§10-103. Need
The Muscogee (Creek) Nation finds that sex offenses are increasingly a worki-wide
problem and that habitual sex offenders are likely to migrate away from jurisdicticns that
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NCA 10-211
have enacted sex offender registration requirements to jurisdictions that have i~ot. This
code will help eliminate these disturbing crimes and prevent outsiders from preying
upon tribal citizens.
§10-104. Creation of Registries, Registration required
A.
Sex Offender Registry. There is hereby established a sex offender
registry, to be administered by the Lighthorse, pursuant to the provisions of th s Code,
as amended.
B.
Public Sex Offender Registry Website. There is ~hereby. estab ished a
public sex offender registry website, which the Lighthorse shall maintain and operate
pursuant to the provisions of this Code, as amended.
C.
Any person who resides, is employed, is a student, or visits, w thin the
jurisdiction of the Nation or otherwise on property owned or regulated by the, Nation,
who has been convicted of a sex offense is required to register. as provided in this
Chapter.
SUBCHAPTER 2. TERMINOLOGY AND COVERED OFFENSES
§10-201. Definitions
The Definitions below apply to this Code:
A.
“Convicted” An adult sex offender is “convicted” for the purpose~ of this
Code if the sex offender has been subjected to penal consequences basec~ on the
conviction, whether upon a verdict, or plea of guilty or nob contendere, or receiving a
suspended sentence or any probationary term, or is currently serving a sentence or
any form of probation or parole for a sex offense, however the conviction may be
styled, or found not guilty or not responsible by reason of mental disease or dofect for
applicable sex crimes. A juvenile offender is “convicted” for purposes of this Code if
the juvenile offender is either:
1. Prosecuted and found guilty as an adult for a sex offense; or
2. Is adjudicated delinquent as a juvenile for a sex offense, but only if the
offender is 14 years of age or older at the time of the offense ;~nd the
offense adjudicated was comparable to or more severe than aggravated
sexual abuse (as described in either A. or B of Title 14, § 2-324), or was
an attempt or conspiracy to commit such an offense.
B.
“Foreign Conviction” means one obtained outside of the United States.
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C.
“Employee” means every person in the service of an employer, under any
contract of hire, express or implied, oral or written, or under any appointi~ent or
election, including executive officers of corporations, whether paid or unp~iid, any
person who would be an independent contractor under Internal Revenue Ser,ice law
and regulations that are working more than one day.
D.
“Immediate” and “immediately” means within three (3) business da’~s.
E.
“Imprisonment” refers to 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 federal, military, foreign, BIA, private or contract facility, or 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” means the 50 states, the DiStrict of Columbia, the
Commonweafth of Puerto Rico, Guam, American Samoa, the Commonwealth of the
Northern Manana Islands, the United States Virgin Islands, and any f~deralIy
recognized Indian tribe.
G.
“Minor” means an individual who has not attained the age of 18 years.
H.
“Photograph” means an image created by light falling on a light-s rnsitive
surface, usually photographic film or an electronic imager such as a CCD or a CMOS
chip.
I.
“Reside” means.the location of the individual’s home or other place where
the individual habitually lives or sleeps. This includes all residences where the inlividual
may spend more than four hours per day for 30 days in any 180 day period. This does
not include school or employment locations.
J.
“School” means either a private or public education institution, incli~ding a
secondary school, trade or professional school, or an institution of higher education. It
does not include remote learning situations such as correspondence or onIin~ class.
unless the person regularly participates in person at a location within Muscogee ~Creek)
Nation jurisdiction.
K.
“Sex offense,” except as limited by Subparagraph 6 or 7, moans a
conviction for:
1.
A criminal offense that has an element involving a sexual tact or
sexual contact with another;
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2.
A criminal offense that is a “specified offense against a minW’. The
term “specified offense against a minor” means an offense against
a minor that involves any of the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
3.
4.
5.
6.
7.
An offense (unless committed by a parent or gLiardian)
involving kidnapping.
An offense (unless committed by a parent or guardian)
involving false imprisonment.
Solicitation to engage in sexual conduct.
Use in a sexual performance.
Solicitation to practice prostitution.
Video voyeurism as described in Title 14 §2-321.
Possession, production, or distribution of child pornography.
Criminal sexual conduct involving a minor, or the use f the
Internet to facilitate or attempt such conduct.
Any conduct that by its nature is a sex offense against a
minor;
A Federal offense (including an offense prosecuted under section
1152 or 1153 of Title 18 of the United States Code) under section
1591, or chapter 109A, 110 (other than section 2257, 225M, or
2258), or 117, of Title 18 of the United States Code;
A military offense specified by the Secretary of Defense~ under
section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note);
or
An attempt or conspiracy to commit an offense described in ~lauses
(1) through’ (4).
Offenses involving Consensual Sexual Conduct. An ffense
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 ~knd the
offender was not more than four (4) years older than the victi ~n.
Foreign Offenses. A foreign conviction is a sex offense for the
purposes of this code/ordinance if it was obtained:
a.
b.
under the laws of Canada, the United Kingdom,
Australia, New Zealand, or
under the laws of any foreign country when the United
States State Department in its Country Repo Is on
Human Rights Practices has concluded that an
independent judiciary generally or vigorously enforo~d the
right to a fair trial in that country during the year in which
the conviction occurred.
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L.
“Sex Offender” means a person convicted of a sex offense.
M.
“SexualAct” means:
I.
2.
3.
4.
contact between the penis and the vulva or the penis and tile anus,
and for purposes of this definition contact involving the penii occurs
upon penetration, however slight;
contact between the mouth and the penis, the. mouth and the vulva,
or the mouth and the anus;
the penetration, however slight, of the anal or genital op~ining of
another by a hand or finger or by any object, with an i ~tent to
abuse, humiliate, harass, degrade, or arouse or gratify thE sexual
desire of any person; or
the intentional touching, not through the clothing, of the genilalia of
another person that has not attained the age of 18 years with an
intent to abuse, humiliate, harass, degrade, or arouse or gntify the
sexual desire of any person.
N.
uSexual Contact” means the intentional touching, either directly or through
the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person
with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires
of another person.
0.
“Student” means a person who enrolls in, attends, or is an intern, extern,
or apprentice a school.
P.
SORNA. The Sex Offender Registration and Notification Act (Title 1 of the
Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. p1691 I
et seq., as amended.
Q.
“Sex Offender Registry” means the registry of ~sex offenders, and a
notification program, maintained by Lighthorse.
R.
“National Sex Offender Registry (NSORy’ means the national database
maintained by the Attorney General of the United States pursuant to 42 U.S.C~. §16919.
S.
SMART Office. The Office of Sex Offender Sentencing, Mor~toring,
Apprehending, Registering, and Tracking, which was established within the United
States Department of Justice under the general authority of the Attorney Genera! of the
United States pursuant to 42 U.S.C. §16945.
T.
Dru Sjodin National Sex Offender Public Website (NSOPW). The public
website maintained by the Attorney General of the United States pursuant to 42 U.S.C.
§16920.
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U.
“Tier 1 Sex Offender”. A “tier I sex offender”, or a “sex oltender”
designated as “tier I”, is One that has been convicted of a “tier 1” sex offense as defined
in Section 301.
V.
“Tier 2 Sex Offender”. A “tier 2 sex offender”, or a “sex olfender”
designated as “tier 2”, is one that has been either convicted of a “tier 2” sex offinse as
defined in Section 302., or who is subject to the recidivist provisions of 302. B.
W.
“Tier 3 Sex Offender”. A “tier 3 sex offender”, or a “sex oflènder”
designated as “tier 3”, is one that has been either convicted of a “tier 3” sex offEinse as
defined in Section 303., or who is subject to the recidivist provisions of 303. B.
X.
“Visitor” means a person physically present for any length of time at a
Casino, child care facility, school, park, sporting or cultural event, community center,
elder nutrition center, and includes volunteers at such places. The Lighthorse may issue
regulations regarding registration requirements for visitors.
§10-202. Covered Offenses
A.
Tribal offenses. Offenses in Title 14, Chapter 2:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.~
§2-317. indecent exposure
§2-321. video voyeurism
§2-323. sex trafficking of children or by force, fraud, or coercior~
§2-324. aggravated sexual abuse
§2-325. sexual abuse
§2-326. sexual abuse of a minor or ward
§2-327. abusive sexual contact
§2-328. offenses resulting in death
§2-341. sexual exploitation of children
§2-342. selling or buying of children
§2-343. Certain activities relating to material involving the sexual
exploitation of minors
§2-344. Certain activities relating to material constitutng or
containing child pornography
§2-346. Misleading domain names on the Internet
§2-347. Misleading words or digital images on the Internet
§2-350. Transportation of a minor for illegal sexual activity
§2-351. Coercion and enticement
§2-352. Transportation for criminal sexual activity
or an offense in another jurisdiction that has the same elemei~ts.
V
13.
14.
15.
16.
17.
V
B.
Federal Offenses. A conviction for. any of the following, and an~i other
offense hereafter included in the definition of “sexoffense” at 42 U.S.C. §16911(5):
V
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
18 u.s.c. §1591 (sex trafficking of children),
l8U~S.C.~180l(videovoyetjrjsm),
18 U.S.C. §2241 (aggravated sexual abuse),
18 U.S.C. §2242 (sexual abuse),
18 u.s.c. §2243 (sexual abuse of a minor or ward),
18 U.S.C. §2244 (abusive sexual contact),
18 U.S.C. §2245 (offenses resutting in death),
18 U.S.C. §225 1 (sexual exploitation of children),
18 U.S.C. §2251A (selling or buying of children)~
18 U.S.C.~2252 (material invoMng the sexual exploitatipn of a
minor),
18 U.S.C. §2252A (material containing child pornography),
18 U.S.C. §2252B (misleading domain names on the internE~t),
18 U.S.C.~2252C (misleading. words or digital images on the
internet),
18 U.S.C. §2260 (production of sexually explicit depictions of a minor
for import into the U.S.),
18 U.S.C. §2421 (transportation of a minor for illegal sexual autivity),
18 U.S.C.~2422 (coercion and enticement of a minor for illegal
sexual activity),
18 U.S.C. §2423 (Mann Act),
18 U.S.C.~2424 (failure to file factual statement. about ~, alien
individual),
18 U.S C. §2425 (transmitting information about a minor tc further
criminal sexual conduct).
C.
Foreign Offenses. Any conviction for a sex offense involving any conduct
listed in this Section that was obtained under the laws of Canada, the United Kingdom,
Australia, New Zealand, or under the laws of any foreign country when the United
States State Department in its Country Reports on Human Rights Practices has
concluded that an independent judiciary generally or vigorously enforced the ri~jht to a
fair trial in that country during the year in which the conviction occurred.
D.
Military Offenses. Any military offense specified by the Secr€tary of
Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S~C. 951
note).
E.
Juvenile Offenses or Adjudications. Any sex offense, or attempt or
conspiracy tocommit a sex offense, that is comparable to or more severe than Title 14,
Chapter 2, §2-324, Aggravated Sexual Abuse, the federal crime of aggravated sexual
abuse (as codified in 18 U.S.C.:~2241) and committed by a minor who is 14 years of
age or older at the time of the offense. This includes engaging in a sexual act with
another by force or the threat of serious violence; or engaging in a sexual act with
another by rendering unconscious or involuntarily drugging the victim.
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F.
Jurisdiction Offenses.
including the Nation, that involVes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Any sex offense committed in any jurisdiction,
Any type or degree of genital, oral, or anal penetration,
Any sexual touching of or sexual contact with a person’~ body,
either directly or through the clothing,
Kidnapping of a minor,
False imprisonment Of a minor,
Solicitation to engage a minor in sexual conduct understood
broadly to include any direction, request, enticement, persiasion,
or encouragement of a minor to engage in sexual conduct,
Use of a minor in a sexual performance,
Solicitationof a minor to practice prostitution,
Possession, production, or distribution of child pornography,
Criminal sexual conduct that involves physical contact with anhinor or
the use of the internet to facilitate or attempt such conduci. This
includes offenses whose elements involve the use of other persons in
prostitution, such as pandering, procuring, or pimping in case~ where
the victim was a minor at the time of the offense,
Any conduct that by its nature is a sex offense against a mincir, or
Any offense similar to those outlined in:
a.
b.
c.
d.
e.
f.
g.
18 U.S.C. §1591 (sex trafficking by force, fraud, or co~cion),
18 U.S.C. §1801 (video voyeurism of a minor~,
18 U.S.C. §2241 (aggravated sexualabuse),
18 U.S.C. §2242 (sexualabuse),
18 U.S.C. §2244 (abusive sexual contact),
18 U.S.’C. §2422(b) (coercing a minor to eng~ige in
prostitution), or
18 U.S.C. §2423(a) (transporting a minor to engage ii illicit
conduct).
SUBCHAPTER 3. OFFENSE TIER
§10-301. Tier I Offenses
A.
Sex Offenses. A “Tier 1” offense includes any sex offense that i~i not a
“Tier 2” or “Tier 3” offense.
B.
Tribal Offenses. Any sex offense covered by this Code where puni~ihment
was limited to one year in jail shall be considered a “Tier 1” sex offense.
C.
Certain Federal Offenses. Conviction for any of the following ~deral
offenses shall be considered a convictior~ for a “Tier 1” offense:
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
18 U.S.C. §1801 (video voyeurism of a minor),
18 U.S.C. §2252 (røceipt or possession of child pornography)
18 U.S.C. §2252A (receipt or possession of child pomograph~),
18 U.S.C. §2252B (misleadingdornain names on the internet),
18 U.S.C.~2252C. (misleading words or digital images on the
internet),
18 U.S.C. §2422(a) (coqrcion to engage in prostitution),
18 U.S.C.~2423(b)(travel with the intent to engage in illicit
conduct),
18 U;S.C. §2423(c) (engaging in illicit conduct in foreign places),
18 U.S.C. §2424;(failure to file factual statement about ~n alien
indMdual), or
18 U.S.C. §2425 (transmitting information about a minor tc, further
criminal sexual conduct).
D.
Certain Military Offenses. Any military offense specified by the Sc~cretary
of Defense under section 11 5(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C.
§951 note) that is similar to those offenses outlined in Section 301. A.,B. or C. qhall be
considered a “Tier 1” offense.
§10302. Tier 2 Offenses
A.
Muscogee (Creek) Nation Offenses. Any of the following sex offenses in
Title 14, Chapter 2, shall be a “Tier 2” offense:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
§2-323. Sex trafficking of children or by force, fraud, or coercion
§2-326. Sexual abuse of a minor or ward
§2-327. Abusive sexual contact, where the victim is 13 y’~ars of
age or older
§2-341. Sexual exploitation of children
§2-342. Selling or buying of children
§2-343. Certain activities relating to material involving the sexual
exploitation of minors.
§2-344. Certain activities relating to material constitullng or
containing child pornography
§2-350. Transportation of a minor for illegal sexual activity
§2-351. B. Coercion and enticement of a minor
§2-352. A. Transportation of minors to engage in illicit conduct
B.
Recidivism and Felonies. Unless otherwise covered by Section 303., any
second Tier I sex offense is a “Tier 2” offense.
C.
Offenses Involving Minors. A “Tier 2” offense includes any sex (~ffense
that involves:
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NCA 10-211
1.
2.
3.
4.
5.
The use of minors in prostitution, including solicitations,
Enticing a minor to engage in criminal sexual activity,
Sexual contact with a minor 13 years of age or older, v ihether
directly or indirectly through the clothing, that involves the hitimate
parts of the body,
The use of a minor in a sexual performance, or
The production or distribution of child pornography.
0.
Certain Federal Offenses.
offenses shall be a “Tier 2” offense:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
Conviction for any of. the following lederal
18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),
18 U.S.C. §2243 (sexual abuse of a minor or ward),
18 U~S.C. §2244 (Abusive sexual contact, where the victim is 13
years of age or older),
18 U.S.C. §2251 (sexual exploitation of children),
18 U.S.C. §2251A (selling or buying of children),
18 U.S.C. §2252 (material involving the sexual exploitation of a
minor),
18 U.S.C. §2252A (production or distribution of material conLaining
child pornography),
18 U.S.C. §2260 (production of sexually explicit depiCtions of a
minor for import into the United States),
18 U.S.C. §2421 (transportation of a minor for illegal sexual
activity),
18 U S C §2422(b) (coercing a minor to engage in prostitution),
18 U.S.C. §2423(a) (transporting a minOr to engage ii~ illicit
conduct).
E.
Certain Military Offenses. Any military offense specified by the Se~retary
of Defense under Section 11 5(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C.
§951 note) that is similar to those offenses outlined in Section 302. A.,B. or C. sh~ill be a
“Tier 2” offense.
§10-303. Tier 3 Offenses
A.
Recidivism and Felonies. Any sex offense that is punishable by moie than
one year in jail where the offender has at least one prior conviction for a “Tier 2” sex
offense, or has previously become a “Tier 2” sex offender, is a “Tier 3” offense.
B.
Muscogee (Creek) Nation Offenses. A “Tier 3” offense includes a iy sex
offense in Title 14, Chapter 2, Sections 2-319 (kidnapping)~ 2-324~(aggravated sexual
abuse), 2-325 (sexual abuse), and where the victim is 12 years of age or youn~er, 2327 (abusive sexual contact).
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C.
Certain Federal Offenses.
offenses shall be a “Tier 3” offense:
1.
2.
3.
Conviction for any of the following federal
18 U.S.C. §2241 (aggravated sexual abuse),
18 U.S.C. §2242 (sexual abuse), or
Where the victim is 12 years of age or younger, 18 U.S.C. 42244
(abusive sexual contact).
D.
Certain Military Offenses. Any military offense specified by the Se~retary
of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C.
§951 note) that is similar to those offenses outlined in Section 303. A.,B. or C. shall be
considered a “Tier 3” offense.
SUBCHAPTER 4. REQUIRED INFORMATION
§10401.: General Requirements
A.
Duties. A sex offender covered by this Code who is required to register
with the tribe pursuant to Subchapter 5. shall provide all of the information det~iiled in
this Chapter to the Lighthorse
B.
Digitization. All information obtained under this Code shall be~ at a
minimum, maintained by the Lighthorse in a digitized. format.
C.
Electronic Database. A sex offender regi~try shall be maintained in an
electronic database by the Lighthorse and shall be in a form capable of eIec~tronic
transmission.
D.
Preservation. The Lighthorse shall preserve this information for one year
after the offender’s registration period ends or the death of the sex offender.
§10-402. CrIminal History
Criminal History.
A.
The date of all arrests,
B.
The date of all convictions,
C.
The sex offeAder’s status of parole, probation, or supervised releasE~
o.
The sex offender’s registration status, and
E.
Any outstanding arrest warrants.
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§10-403. Date of Birth
Date of Birth.
A.
The sex offender’s actual date of birth,
B.
Any other date of birth used by the sex~.offender, and
C.
The source of information for each date of birth.
§10-404. DNA Sample
A.
DNA. Unless the sex offender’s deoxyribonucleic acid (DNA). prbfile is
already contained in the Combined DNA Index System (COOlS) or another jurisdiction
has taken a sample for submission to CODIS, the sex offender shall pen nit the
Lighthorse to obtain a sample of his or her DNA.
B.
CODIS. If not already submitted, any DNA sample obtained from a sex
offender shall be submitted to an appropriate lab for analysis and entry of the rEsulting
DNA profile into CODIS.
C.
The Lighthorse shall insure that a DNA profile of every sex ofender
registered with the Muscogee (Creek) Nation is entered into CODIS within a pi’actical
time.
§10-405. Driver’s Licenses, Identification Cards, Passports, and lmmigratioit
Documents
A.
Driver’s License. all of the sex offender’s valid driver’s licenses issued by
any jurisdiction.
B.
Identification Cards. any identification card including the sex offEinder’s
tribal enrollment card issued by any jurisdiction.
C.
Passports. any passports used by the sex offender..
D.
Immigration Docunients. any and all immigration documents.
§10-406. Employment Information
A.
Employment. The following information related to the sex offEinder’s
employment, to include any and all places where the sex offender is employed in any
means including volunteer and u~ipaid positions:
1.
The name of the sex offender’s employer, including the• names of
supervisors,
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NCA 10-211
2.
3.
The address of the sex Qffender~s employer, including the company
headquarters and the work location of the sex offender, and
As much similar information as is available related to any
temporary, transient or day labor employment.
§10-407. Biometric Data
Finger prints and palm prints and any other biometric data of the sex offender C teemed
useful by the Lighthorse.
Biometric Data means methods for uniquely recognizing humans based upon one or
more intrinsic physical or behavioral traits.
§10-408. Internet Identifiers
A.
Internet Names. The following information related to the sex off ~nder’s
internet related activity:
1.
2.
3.
V
B.
Any and all email addresses used by the sex offender,
Any and all Instant Message addresses and identifiers,
Any and ~ll other designations or monikers used f~r self
identification in internet communications or postings, and
4.
Any and all designations used by the sex offender for the purpose
of routing or self-identification in internet communicati)ns or
postings
The sex offender shah permit the Lighthorse to examine any computer,
cellular telephone, or other communications device for compliance with this Section and
any terms of probation.
V
V
§10-409. Name
Name. The following information related to the sex offendefs name:
A.
The sex offender’s full given name, and legal name if different,
B.
Any and all nicknames, aliases, and pseudonyns regardless of the
context in which it is used, and
C.
Any and all ethnic or tribal names by which the sex offender is commonly
known. This does not include any religious or sacred names not otherwise con~monIy
known.
V
§10-410. Phone Numbers
Page 14 of 25
NCAIO-211
Phone Numbers.
numbers:
A.
B.
C.
The following information related to the sex offender’s telephone
Any and all land line telephone numbers,
Any and all cellular telephone numbers, and
Any other communication devices and their identifiers.
§10-411. Picture
Photograph. Whenever a sex offender appears in person, the Lighthorse ma~fr record
such digital images of the sex offender as are deemed useful for identification. This
may include a front and side face portrait and images of distinctivescars or tattoos.
§10-412. Physical Description
Physical Description, an accurate description of the sex offender as follows:
A.
B.
C.
A physical description,
A general description of the sex offender’s physical appearai~ce or
characteristics, and
Any identifying marks, such as, but not limited to, scars, moles,
birthmarks, or tattoos.
§10-413. Governmental Licensing Information
Professional Licenses. All licensing of the sex offender that authorizes the sex c ifender
to engage in an occupation or carry out a sport, trade, profession, or business. The sex
offender shall produce such licenses to be copied by the Lghthorse as requestec.
§10-414. ResIdence Address
Address. The following information related to the sex offender’s residence:
A.
B.
C.
The address of each residence at which the sex offender re~dés or
will reside, and
Any location or description of an area that identifies where th ~ sex
offender habitually resides regardless of whether it pertains to a
permanent residence or location otherwise identifiable by ~ Street
or address.
A description of all occupants residing with the person reghrtering,
including: name, date of birth, gender, relation to the person
registering, and how long the occupant has resided there.
§10415. School
School Location. The following information related to the sex offender’s school:
Pagel5of25
NCA 10-211
A.
B.
The address of each school where the sex offender is or will ~e a
student, and
The name of each school where the sex offender is or wll be a
student.
§10416. Social Security Number
Social Security.
A.
B.
A valid social security number for the sex offender, and
Any social security number the sex offender has used in the past,
valid or otherwise.
§10417. Temporary Lodging and Travel
Lodging Information. The following information when the sex offender will be absent
frOm his residence for three days or more:
A.
B.
C.
Identifying information of the temporary lodging locations md ~ding
addresses and names of the owner (or trade name if a businoss)
and other residents of the dwelling, and
The dates the sex offender will be staying at each terT~orary
lodging location.
Travel Abroad. In the event the sex offender will be trRveling
outside of the United States for more than seven da~, the
Lighthorse shall be informed and shall immediately provide this
information to INTERPOL.
§10-418. Offense Information
Offense Information. The citation and text of each provision of lawdefining the criminal
conviction(s) for which the sex offender is registered.
§10-419. Vehicle Information
Detailed Information. The following information related to all vehicles owned or
operated by the sex offender for work or personal use including land vehicles, ~lircraft,
and watercraft:
A.
B.
C.
D.
E.
License plate numbers,
Registration numbers or identifiers,
General description of the vehicle to include color, make, Inodel,
and year,
Notation of any modifications deemed significant to the Lightilorse,
Current photographs of the vehicle as deemed significant by the
Lighthorse, and
Page 16 of 25
NCAIO-211
F.
Any permanent or frequent location where any such vehicle is kept.
SUBCHAPTER 5. REGISTRATION
§10-501. Where Registration Is Required
A.
Jurisdiction of Conviction. A sex offender must initially register with the
Lighthorse if the sex offender was convicted by the Muscogee (Creek) Nation C~urt of a
covered sex offense regardless of the sex offender’s actual or intended residency.
B.
Jurisdiction of Incarceration. A sex offender must register with the
Lighthorse if the sex offender is incarcerated by the Nation while completing any
sentence for a covered sex offense, regatdless of whether it is the same jurisdiction as
the jurisdiction of conviction or residence.
C.
Jurisdiction of Residence. A sex offender must register viith the
Lighthorse if the sex offender resides within lands subject to the jurisdictior~ of the
Nation, including Housing Division properties.
D.
Jurisdiction of Employment. A sex offender must register with the
Lighthorse if he or she is employed by the Nation in any capacity at any locRtion or
otherwise is employed within lands subject to the jurisdiction of the tribe.
E.
Jurisdiction of School Attendance. A sex offender must register ~iith the
Lighthorse if the sex offender is a student in any capacity within lands subject to the
jurisdiction of the Nation or operated by the Nation.
F.
Jurisdiction of Visiting. A sex offender must register with the Lighthorse if
he or she is visiting the Nation within lands subject to the jurisdiction of the tribe.
§10-502. Timing of Registration
A.
Timing. A sex offéi,der required to register with the tribe under this Code
shall do so in the following timeframe:
1.
2.
The sex offender must register within 24 hours after meeling the
provisions of Section 501. A. or B.;and
72 hours before ~meeting the provisions of Section 501., C. 0., E.
or F., a~sex offender must appear in person to regist~r with
Lighthorse.
B.
Duties of Lighthorse. The Lighthorse shall have policies and procedures
in place within 90 days of enactment of this Code and ensure the following:
1.
That any sex offender incarcerated or sentenced by the tribe for a
covered sex offense completes their initial registration ~ith the
tribe,
Page 17 of25
NCA 10-211
2.
3.
4
§10.503.
That the sex offender reads, or has read to them, and signs a form
stating that the duty to register has been explained to them and that
the sex offender understands the registration requirement,
That the sex offender is registered, and
That upon entry of the sex offenders information in to the r ~gistry,
that information is immediately forwarded to alL other jurisdibtibns in
which the sex offender is required to register due to ~he sex
c~ffender’s residency, employment, student or visitor status.’
Retràctive Registration
A.
Retroactive Registration. The following three categories of sex ~fenders
whose se~ offense convictions pre-date this Code are subject to the registra Lion and
updating requirements of this Code:
1.
2.
3.
Sex offenders incarcerated or under the supervision of the~ Nation,
whether for a covered sex offense or other crime,
Sex offenders already registered or subject to a pre-existing sex
offender registration requirement under the tribe’s laws, and
Sex offenders reentering the justice system due to convi~tion for
any crime under Title 14 of the Muscogee (Creek) Nation Code.
B.
Timing of Recapture. The Lighthorse shall ensure recapture of the sex
offenders listed in Section 503. A. within the following timeframe to be calculaed from
the date of passage of this Code:
1.
2.
3.
For “Tier 1” sex offenders, 1 year,
For “Tier 2” sex offenders, 180 days, and
For “Tier 3” sex offenders, 90 days.
§10-504. Frequency, duration and reduction
A.
Frequency. A sex offender who is required to register shell, at a nilnimum,
appear in person at the Lighthorse for purposes of verification and keepi ~g their
registration current in accordance with the following time frames:
1.
2.
For “Tier 1” offenders, once every year for 15 years from th~~ time of
release from custody for a sex offender who is incarcerated for the
registration offense or from the date of sentencing 1~or the
registration offense for a sex offender who is not incarcerate d.
For “Tier 2” offenders, once every 180 days for 25 years from the
time of release from custody for a sex offender who is incaiicerated
for the registration offense or from the date of sentencing 19~r a sex
offender who is not incarcerated for the registration offense.
3.
For “Tier 3” offenders, once every 90 days for the rest of their lives.
Page 18 of 25
NCA 10-211
B.
Reduction of Registration Periods. A sex offender may have theIr period
of registration reduced as follows:
1.
2.
C.
record it
A “Tier I” offender may have his or her period of reç istration
terminated if he or she has maintained a clean record for 10
consecutive years;
A “Tier 3” offender may have his or her period of reçistration
terminated if he or she was adJ~idicated delinquent of an oflbnse as
a juvenile that required “Tier 3” registration and he or 5he has
maintained a clean record for 25 consecutive years.
Clean Record. For purposes of Section 420. B. a person has a clean
1.
2.
3.
4~
He or she has not been convicted of any felony offense br other
offense for which imprisonment for more than 1 year nay be
imposed by the Nation or the State of Oklahoma.
He or she has not been convicted of any sex offense,
He or she has successfully completed, without revocati)n, any
period of supervised release, probation, or parole, and
He or she has successfully completed an appropriate sex offender
treatment program certified by the Nation, another jurisdictic~, or by
the Attorney General of the United States.
D.
A person who is physically incapacitated and confined to a home, 1~ospital,
or nursing facility because of physical infirmity shall be excused from a lersonal
appearance if they or a representative informs the Lighthorse of their locat on and
condition and the Lighthorse are able to verify that information.
~10-505. Requirements
A.
Photographs. At each in person verification, the sex offender shall permit
the Lighthorse to take a photograph of the offender.
B.
Review of Information. At each in person verification the sex ciffender
shall review existing information for accuracy and inform the Lighthorse of any c[anges.
C.
Notification. If any new information or change in information is obtained at
an in person verification, the Lighthorse shalt immediately notify all other jurisdictions in
which the sex offender is required to register of the information or change in information.
§10-506. Keeping Registration current
A.
All sex offenders required to register in this jurisdiction shall appear in
person at the designated Lighthorse office to update any changes to the information
Page 19 of 25
NCA 10-211
required by Subchapter 4. Such appearance shall be made before the change if the
event should have been known by the offender in advance or within 72 hours following
the time that the sex offender should know of the change.
B.
Duties of Lighthorse. With regard to changes in a sex offender’s
registration information, the Lighthorse shall immediately notify:
1.
2.
3.
All jurisdictions where a sex offender intends to reside, work, or
attend school,
Any jurisdiction where the sex offender is either regist~,red or
required to register, and
Specifically with respect to information relating to a sex off under’s
intent to commence residence, school, or employment oulside of
the United States, any jurisdiction where the sex offender i~ either
registered or required to register, and the U.S. Marshals ~Jervice.
The Lghthorse shall also ensure this information is immediately
updated on NSOR.
§10-507 Failure To Appear Far Registration and Absconding
A.
Failure to Appear. In the~ event a sex offender fails to register viith the
Nation as required by this Code, the Lighthorse shall immediately inform the jurhdiction
that provided notification that the sex offender failed to appear for registration.
B.
Absconded Sex Offenders. if the Lighthorse receives information that a
sex offender has violated Section 504. (absconded), the Lighthorse shall invest gate to
determine if the sex offender has actually absconded.
1.
2.
3.
In the event that the sex offender cannot be located or contacted,
the Lighthorse shall ensure the tribal police and any other
appropriate law enforcement agency is notified.
If the inforniation indicating the possible absconding came itirough
notice from another jurisdiction or federal authorities, they ~hall be
informed that the sex offender has failed to appear and register.
If an absconded sex offender cannot be located or contact~d then
the Lighthorse shall take the following steps:
a.
b.
c.
d
Update the registry to reflect the sex offender has
absconded or is otherwise not capable of being locat~d,
Notify the U.S. Marshals Service,
Seek a warrant for the sex offender’s arrest. The U.S.
Marshals Service or FBI may be contacted in an atb~mpt to
obtain a federal warrant for the sex offenders arrest,
Update the NSOR to reflect the sex offender’s statui as an
absconder, or is otherwise not capable of being locatEd, and
Page 20 of 25.
NCA 10-211
e.
Enter the sex offender into the National Crime lnførmation
Center Wanted Person File.
C
Failtwe to Register In the event a sex offender who is required to register
fails to do so or otherwise violates a registration requirement of this code, the. Li~hthô~se
shall take all appropriate follow-up measures including those outlined in Section 507. B.
SUBCHAPTER 6.
PUBLIC SEX OFFENDER REGISTRY WEBSITE
§10401. Website
A.
Website. The Lighthorse shall use and maintain a public sex ffender
registry website.
B.
Links. The registry website shall include links to sex offender saèty and
education resources.
C.
Instructions. The registry website shall include instructions on how a
person can seek correction of information that the individual contends is erroneous.
D.
Warnings. The registry website shall include a warning that the
information contained on the website should not be used to unlawfully injure, h~rass~ or
commit a crime against any individual named in the registry or residing or wcrking at
any reported addresses and that any such action could result in civil or criminal
penafties.
E.
Search Capabilities. The registry website shall have the capability of
conducting searches by (1) name; (2) county, city, andlor town; and, (3) zip codi~ and/or
geographic radius.
F.
Dru Sjodin National Sex Offender Public Website. The tribe shall. include
in the design of its website all field search capabilities needed for full participaticfi in the
Dru Sjodin National Sex Offender Public~Website and shall participate in that website as
provided by the Attorney General of the United States.
§1 0402. Required and Prohibited Information
A.
Required Information. The following information shall be madeavallable to
the public on the sex offender registry website:
1.
2.
3.
Notice that an offender is in violation of their registration
requirements or cannot be located if the sex offender has
absconded,
All sex offenses for which the sex offender has been convic Led,
The sex offense(s) for which the offender is currently registered,
Page 21 of 25
NCA 10-211
4.
5.
6.
7.
8.
9.
10.
The address of the sex offender’s employer(s),
The name of the sex offender including all aliases,
A current photograph of the sex offender,
A physical description of the sex offender,
The residential address and, if relevant, a description of a [abitual
residence of the sex offender,
All addresses of schools attended by the sex offender, and
The sex offender’s vehicle license plate number along with a
description of the vehicle.
B.
Prohibited Information. The following information shall not be available to
the public on the sex offender registry website:
1.
2.
3.
4.
5.
Any arrest that did not result in conviction,
The sex offender’s social security number,
Any travel and immigration documents,
The identity of the victim or any information that could leac to the
victim, and
Internet identifiers required by the Lighthorse.
C.
Witness Protection. For sex offenders who are under a witness prcltection
program, the Lighthorse shall honor the request of the United States Marshals :~ervice
or other agency responsible for witness protection by not including the original Identity
of the offender on the publicly accessible sex offender registry website.
D.
the Lighthorse may maintain in confidence any other information or
evidence relevant to the sex offender as they deem useful.
§10- 603. Community Notification
A.
Law Enforcement Notification. Whenever a sex offender registers or
updates his or her information with the tribe, the Lighthorse shall:
1.
2.
3.
Immediately notify the FBI or other federal agency as design ~ted by
the Attorney General in order that the information may be Lpdated
on NSOR or other relevant databases,
Immediately notify any agency, department, or program wilhin the
tribe that is responsible for criminal investigation, prosecuticri, child
welfare or sex offender supervision functions, including put not
limited to, police, whether BIA, tribal, or FBI, tribal prosecutcirs, and
tribal probation.
Immediately notify any and all other registration jurisdictiorn~ where
the sex offender is registered due to the sex offender’s residency,
school attendance, or employment.
Page 22 of 25
NCA 10-211
4.
Immediately notify National Child Protection Act agencies,; which
includes any. agency responsible for conducting empicyment
related background chec~ks under Section 3 of the National Child
Protection Act of 1993 (42 U.S.C. § 51 19a) when a sex offender
registers or updates registration.
B.
Community Notification. The Lighthorse shall ensure there is an
automated community notification process in place that ensures the following:
1.
2.
Upon ~sex offender’s registration or update of information with the
Nation, the Nation’s public sex offender registry web Site is
immediately updated,
The Nation’s public sex offender registry has a function that
enables the general public to request an e-mail notiqe t!iat will
notify them when a sex offender commences res~ience,
employment, or school attendance with the tribe, within a specified
zip code, or within a certain geographic radius. This email notice
shall include the sex offender’s identity so. that the pub’ic can
access the public registry for the new information.
SUBCHAPTER 7.
IMMUNITY
§10-701. No waiver of immunity
Nothing under this chapter shall be construed as a waiver of sovereign immunity for the
Muscogee (Creek) Nation, its departments, agencies, employees, or agents.
§10-702. Good faith
Any person acting in good faith under this Title shall be immune from any civil liability
arising out of such actions.
§10703.
Nothing in this section shall be construed to prevent law enforcement officets from
notifying members of the public of any persons that pose a danger under circum~tances
that are not enumerated in this Code.
SUBCHAPTER 8
CRIMINAL AND CIVIL SANCTIONS
§10-801. Criminal penalty. Unless otherwise provided:
A.
Criminal penalty. Unless otherwise provided:
Pag 23 of25
NCA 10-211
1.
2.
Violation of Subchapter 4 or §10-504. by omitting, falsif~ng, or
failing to timely notify the Lighthorse of changing, r’~quired
information shall be subject to a fine of up to $2,500, 18 months
imprisonment, or both.
Violation of §~ 10-501. or 505. shall be subject to a fine ci up to
$5,000, 36 months imprisonment, banishment, or all three.
§10-802. Civil Penalty
A.
Each violation of a provision of this Code shall be considered a civil
violation subject to enforcement by any means not prohibited by federal law, inGluding,
but not limited to the issuance of a fine of up to $10,000, forfeitures, civil contem~.
B.
A civil action brought under this paragraph may be filed in the Muscogee
(Creek) Nation Trial Court by the Nation or any person harmed by a person’s viol ~tion of
this Code.
§10-803. Sentencing
A.
In cases where the person is required to register pursuant to this Chapter,
where the individual is sentenced after the effective date of this Act, in addition to the
other sentencing powers of the court, the court may prohibit the person from ac*ssing
or using any Internet social networking web site that has the potential or likelihood of
allowing the sex offender to have contact with any minor. Violation of this provisn~n shall
be subject to a fine of up to $2,500, 18 months imprisonment, or both.
B.
When sentencing a sex offender under this Chapter, neither the court nor
the prosecuting attorney shall be allowed to waive or exempt such person frDm the
registration requirements of this Qhapter.
§10404. Hindrance of sex offender registration
A.
A person is guilty.of a misdemeanor offense if they:
1.
2.
3.
Knowingly harbors or knowingly attempts to harbor, or kn Dwingly
assists another person in harboring or attempting to harbcr a sex
offender who is in violation of this Title;
Knowingly assists a sex offender in eluding a law enforcement
agency that is seeking to find the sex offender to question Lhe sex
offender about, or to arrest the sex offender for, nonconpliance
with the requirements of this Title; or
Provides information to law enforcement agency regardin~~ a sex
offender which the person knows to be false.
Page 24of 25
NCA 10-211
SUBCHAPTER 9
RESIDENCY RESTRICTION
§10-901.
A.
It is unlawful. for any person registered pursuant to this Code to reside,
either temporanly or permanently, within a tw.o4housand-foot radius of any piotected
facility. Establishment of a day :care center or park in the vicinity of the residence of a
registered sex offender will not require the relocation of the sex offender or the sale of
the property. On the effective date of this act, the distance indicated in this secti ~n shall
be shortest distance between the property lines of the residence of the persoi~ to the
nearest property line of the protected facility, irrespective of jurisdictional boundalies.
B.
“Protected facility” means an educational institution or dormthiry that
includes a significant number of minors at the facility, playground or park that is
established operated or supported in whole or in part by city, county, state, fe’jeral or
tribal government, or licensed child care center.
C.
This provision shall not apply to:
1.
2.
3
any person who owned 50%~or more of any residential real estate
and resided there for at least óneyear in the five years pricr to the
conviction of the~ person as a sex offender. This includes a
~mortgaged property but not a leasehold or contract for deed,
any nonprofit organization established and housing sex offenders
prior to the effective date of this provision.
any registered sex offender residing in a hospital or othell facility
certified or licensed by the~•~~appIicabIe government to provide
medical services.
D.
Any person willfully violating the provisions of this section by intentionally
moving into any neighborhood or to any real estate or home within the prbhibited
distaricé~hall, upon conviction, be guilty of a felony punishable by a fine not to exceed
Three Thousand Dollars ($3,000.00), or by imprisonment for a term of not less than one
(1) year nor more than three (3) years, or by both such fine and imprisonmE~1t~ Any
person convicted of a second or subsequent ~iioIátion of this section shall be p Linièhed
by a fine not to exceed Three Thousand Dollars ($3,000.00), or by imprisonmEfit for a
term of not less than three (3) years, or by banishment, or by aM three.
SECTION TWO. ~EFFECTIVE DATE.
January31, 2011.
This Act shall become effective at rTñdnight,
ENACTED by the Muscogee (Creek) National Council on this 18th day of ~
2010.
Page 25 of 25
NCA 10-211
IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Coipcil has
hereto attached his signature.
4’
Roge~ am
Speaker
National Council
Muscogee (Creek) Nation
,
CERTIFICATION
I, the undersigned, certify that the foregoing is a true extract from the minute~ of the
Muscogee (Creek) National Council comprised of twenty-six members with rwentv
Three members attending this meeting on the 18th day of December 2010. ~nd that
the above is in conformity with the provisions therein adopted by a vote of ~ in favor, ~
against, ~ abstentions, and that said Law has not been rescinded or amended ifl any
way and the above is the signature of the Speaker of the National Council.
ShaRee dmondson, Acting Recording Secretary
Muscogee (Creek) National Council
APPROVAL
I, thp Principal
day of~
to become a
(Creek) Nation.
of the Muscogee (Creek) Nation, hereby affix my signekure this
2014,, to the above Law, NCA 10-211 authorizing it
Section VI., of the Constitution of the Muscogee
A.
àis, Principal Chief
Muscogee (Creek) Nation
.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.