# OMAHA TRIBAL CODE (2013)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

OMAHA TRIBAL CODE (2013)

TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE

TABLE OF CONTENTS
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SECTION 17-4-16.
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SECTION 17-4-19.
SECTION 17-4-20.
SECTION 17-4-21.
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SECTION 17-5-5. Failure to Appear for Registration and metals De ease vacueuesoeevaeenseaetesiereeerssaeens 14
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SECTION 17-6-2. Required and Prohibited Information. we eeeceee neces eaeeesecnnesaeseassscesseesedcaecsecccesaecaaseatsnatseeeatersisesrees 15
SECTION 17-6-3. Community Notification.........cccccccecscssesssssssssrsseecresscssessessssassescsssassaserssesseesesseeseeseseesceereeseeccescee 16
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SECTION 17-8-1. Failure to Register as a Sex Offendet......0...c.cccscscssssssssesseesssecssssssessevecssessussssesssvectsesstecesseeceese. 17
SECTION 17-8-2. Providing False Information to the Sex Offender REQISULY. ooo. eeceeeccesesessececscresenacaesescscsnecenes 17
SECTION 17-8-3. Hindrance of Sex Offender Registration. ...0......c.ccscscscssessssssesssecsceseesosceseesevesevesesesteevsesvessuseeceees 17
SECTION 17-8-4. Unlawfully Using Sex Offender Registry Information. .....cc.cccccccsseccsecssecsssescecssseseeseecereeseeseeseecs 18

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TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
OMAHA TRIBAL CODE (2013)

TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
CHAPTER 1. GENERAL MATTERS

SECTION 17-1-1. Title.

This Code shall be known as the Omaha Tribal Sex Offender Registration Code.

SECTION 17-1-2. Purpose.

The intent of this code is to implement the federal Sex Offender Registration and Notification Act
(SORNA) (Title [ of Public Law 109-248) and provide for Tribal enforcement of SORNA requirements and
protection to the residents of the Omaha Tribal Reservation. This shall be interpreted liberally to comply
with the terms and conditions of SORNA as presently written or hereafter amended.

SECTION 17-1 ~3. Need.

Violent crime in Indian Country is more than twice the national average. On some reservations it is
twenty limes the national average. An astounding thirty percent of Indian and Alaska Native women will
be raped in their lifetimes. Tribal nations are disproportionately aftected by violent crime and sex offenses
in particular from both Indian and non-Indian perpetrators; consequently, the conduct and presence of
convicted sex offenders in Indian Country threatens the political integrity, economic security, health and
welfare of tribal nations even to the point of imperiling the subsistence of tribal communities.

SECTION 17-1-4. Creation of Registries.
(a) Sex Offender Registry. There is hereby established a sex offender registry, which the Omaha
Nation Law Enforcement Services shall maintain and operate pursuant to the provisions of this code, as
amended, ~~ - ;
- (b) Public Sex Offender Regisiry Website. There is hereby established a public sex offender registry
website, which the Omaha Nation Law Enforcement Services shall maintain and operate pursuant to the
provisions of this code, as amended. :

CHAPTER 2. TERMINOLOGY AND COVERED OFFENSES

SECTION 17-2-1. Definitions.

The Definitions below apply to this Code only.

(a) Convicted. An sex offender is “convicted” for the purposes of this code if the sex offender has
been subjected to penal consequences based on the conviction, however the conviction may be
styled. This is either an adult, or minor who is “convicted” prosecuted and found guilty as an
adult for a sex offense; or is adjudicated delinquent as a juvenile for a sex offense.

(b) Foreign Convictions. A foreign conviction is one obtained outside of the United States.

(c) Employee. The term “employee” as used in this code includes, but is not limited to, an individual
who is self-employed or works for any other entity, regardless of compensation. Volunteers of a tribal
agency or organization are included within the definition of employee for registration purposes.

(d) Immediate, “Immediate” and “immediately” mean within 3 business days.

(ec) Imprisonment. The term “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 slate “prison” as well as ina 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”.

TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE

OMAHA TRIBAL CODE (2013)

(f) Jurisdiction. The term “jurisdiction” as used in this code refers to the 50 states, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe.

(g) Minor. The term “minor” means an individual who has not attained the age of 18 years.

(h) Resides. The term “reside” or “resides" means, with respect to an individual, the location of the
individual's home or other place where the individual habitually lives or sleeps.

(i) Sex Offense. The term “sex offense” as used in this code includes those offenses contained in 42
U.S.C. §16911(S) and those offenses: enumerated in Section 17- 252 of this Code/Title or any other covered
offense under tribal law.

Gj) Sex Offender: A person-convicted of a sex offense i is a“‘sex offender”, this shall be all persons
whether they.meet any Federal or Tribal definition of “Indian”. This code shall specificall y apply to all
persons residing within the exterior boundaries of the Omaha Tribal Reservation. oe

(k) Sexual Act: The term “sexual act” means any act which is-so defined under the covered offenses
enumerated in Section 17-2-2 under relevant Federal, Tribal, State or Foreign Jurisdiction. ©

‘() Sexual Contact. The term, “sexual contact” means any act which is $0 defined under the covered
“offenses enumerated.in Section’17-2-2 under relevant F ederal, Tribal, State or Foreign Jurisdiction.

(m) Student. A “student”.is 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.

(n) .SORNA. The Sex Offender Registration: and Notification’ ‘Act (Title lof the Adam Walsh Child
~ Protection and Safety Act of 2006 P.L..109-248), 42 U.S.C. §16911 ét:-seq., as amended.

(0) Sex Offender Registry. The term “sex offender registry” means the registry of sex offenders, and a
notification program, maintained by The Omaha Nation Law Enforcement Services. oe

.(p) National Sex Offender Registry (N SOR). The national database maintained by the Attomey ' 2
General of the United States pursuant to 42US.C. §16919. a

(q) SMART Office. The Office of Sex’ Offender Sentencing, Monitoring, Apprehending, Registering,
and Tracking, which was established within the United: States Department of Justice under the general -
authority of the Attorney General of the United States. pursuant to 42 U.S.C. §16945.

=, (©) Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained by
the Attomey.General of the United States pursuant to 42 U. S.C. §16920.

(s) “Tier | Sex Offender”. A “tier 1 sex offender” ,ora “sex offender” designated as “tier Le is one
that has been convicted of a “tier 1” sex offense as defined i in section 17-3-1, ee

(0. Tier 2 Sex Offender”. A “tier: 2 sex offender”,.ora“‘sex offender” designated as “ter 2”, is one
that has been either convicted of a “tier 2” sex offense as defined in section 17-3-2, or who t is subject to the
recidivist provisions of 17-3- 2(A).

(u) “Tier 3 Sex Offender”. A “tier 3 sex offender”, or a “sex offender” designated as “tier 3”, is one
that has been either convicted of a “tier 3” sex offense as defined in section 172 -3-3; or who is subject to the
recidivist provisions of 17-3+ Bey:

SECTION 17-2-2. Covered Offenses.

Individuals who reside within the exterior boundaries of the reservation or otherwise reside on property
owned by the tribe in fee or trust regardless of location, are employed within the exterior boundaries of the
reservation or on property owned by the tribe in fee or trust regardless of location, or who attend school
within the exterior boundaries of the reservation or on property owned by the tribe in fee or trust regardless
of location, or who remains on or may be found within the exterior boundaries of the Omaha Tribal
Reservation for more than six (6) hours or more than one (1) hour after sundown and during the hours of
darkness, which ever duration is less, that have been convicted of any of the following offenses, or

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TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
OMAHA TRIBAL CODE (2013)

convicted, are subject to the requirements of this code:

(a) Attempts and Conspiracy. A conviction for an allempt or conspiracy lo commil any of the
following offenses is a covered offense:

(b) Federal Offenses. A conviction for any of the following, and any other offense hereafter included
in the definition of “sex offense” at 42 U.S.C. §1691 1(5):

(1)

(7)
(8)
(9)
(10)
(1)
(12)
(13)

U.S),

(15).
(16)
(17)

(18)
(19)

(14)

18 U.S.C. §1591 (sex trafficking of children),

18 U.S.C. §1801 (video voyeurism of a minor),
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 resulting in death),

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 (material containing child pornography),

18 U.S.C. §2252B (misleading domain names on the internet),

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

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

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 an alien individual),

18 U.S.C. §2425 (transmitting information about a minor to 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 right to a
fair trial in that country during the year in which the conviction occurred.

(d) Military Offenses. Any military offense specified by the Secretary of Defense under section
115(a)(8)(C)Gi) of Public Law 105-119 (codified at 10 U.S.C. 951 note).

(ec) Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex
offense, that is adjudicated to have been committed by a minor.

(f) Tribal Offenses. The following are the covered offenses under the Omaha Tribal Code:

(1)
(2)
(3)
(4)

§5-4-138 Promoting Commercial or Illicit Sexual Commerce or Conduct
§5-4-139 Aggravated Sexual Assaull
§5-4-140 Sexual Assault
§5-4-141 Sexual Conduct with a Minor
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TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
(5)
(6)
2)
(8)
)

(10)
component)

(11)

OMAHA TRIBAL CODE (2013)

§5-4-142 Sexual Exploitation of a Minor
§5-4-143 Voyeurism

§5-4-144 Indecent Exposure

§11-2-1(b) Domestic Abuse

§13-2-1(b) Physical Abuse of Vulnerable Adult

§5-4-12 ee ar specifically ordered Py Gout following a finding of a sexual

§5-4-13 False Imprisonment Gf specifically ordered Sy Court following a finding of a

sexual component)

(12)
component)

(3)

§11-2-4 Stalking Gf specifically ordered ad by Court following a fi nding of a sexual

: §5-4-153 oe Incest (if specifically ordered by Court following a finding that the

victim was a minor)

CHAPTER 3. TIERED OFFENSES.”

SECTION 17-3-1.

Tier 1 Offenses.

(a) Sex Offenses. A “Tier 1”. offense includes an offense defined as an 1 offense subjecting the ©.

~ offender to requirements for registry pursuant to the Omaha Tribal Sex Offender Registration Code, for

which a person has been convicted, or an-attempt or conspiracy to commit such an offense, that i is not a
"Tier 2" or "Tier 3" offense. - :

(b) Offenses Involving Minors. A “Tier 1” offense also ibgludes any offense for which a person has
been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 17-
2-2(C) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or
receipt of child pornography. :

(c). Tribal Offenses. The following Tribal Offenses shall be Tier 1 offenses:

(1)
(2)
(3)
(4)

(5)

component)

(d) Certain
a conviction for

(1)
(2)
(3)
(4)
(5)
(6)
(7)

TITLE 17.

§5-4-138(a)(1) Promoting 2 Commercial or Ilicit Sexual Commerce or Conduct »
§5-4-142(a)(3)(4) Sexual Exploitation of a Minor
§5-4-143 Voyeurism

~ §5-4-144(b) © _ Indecent Exposure (Class B offense)

$l 1-2-4 Stalking af specifically ordered -by Court following a finding of ofa sexual

Federal Offenses. Conviction for any of the following federal offenses shall be considered
a “Tier 1” offense: Be

18 U. §.€:-§1801 (video voyeurism ofa minor), eS

18 U.S.C. §2252. (recéipt or possession of child pornography),

18 U.S.C. §2252A (receipt or possession of child pornography),

18 U.S.C. §2252B (misleading domain names on the internet),

18 U.S.C. §2252C (misleading words or digital images on the internet),
18 U.S.C. §2422(a) (coercion to engage in prostitution),

18 U.S.C. §2423(b) (travel with the intent to engage in illicit conduct),

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OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
OMAHA TRIBAL CODE (2013)

(8) 18 U.S.C. §2423(c) (engaging in illicit conduct in foreign places),

(9) 18 U.S.C. §2424 (filing factual statement about an alien individual), or
(10) 18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conducl).

(e) Cerlain Military Offenses. Any military offense specified by the Secretary 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 17-3-1(A),(B), or (C) shall be considered a “Tier 1” offense.

SECTION 17-3-2. Tier 2 Offenses.

(a) Recidivism and Felonies. Unless otherwise covered by Section 17-3-3, any covered sex offense
that is not the first covered sex offense for which a person has been convicted and that is a Class A
offense is considered a “Tier 2” offense.

(b).. Tribal Offenses:. The following Tribal Offenses shall be Tier 2 offenses:
dg) §5-4-138(a)(2)(3)(4) Promoting Commercial or IIicit Sexual Commerce or

Conduct
(2) §5-4-140 Sex Assault (except §5-4-140(2)(b)(7)
(3) §5-4-14] Sexual Conduct with a Minor

(4) §5-4-142(a)(1)(2)Sexual Exploitation of a Minor

(5) § L1-2-1(b) Domestic Abuse
(6) $13-2-1(b) Physical Abuse of a Vulnerable Adult

(7) §5-4-13 False Imprisonment (if specifically ordered by Court following a finding of a
“sexual component) ee Ae a 7 i
(8) §5-4-153 Incest (if specifically ordered by Court following a finding that the —
victim was a. minor) “ =: :
(c) Certain Federal Offenses. Conviction.for any of the. following federal offenses shall. be considered
a conviction fora “Tier 2” offense:
(1) 18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),
(2) 18 U.S.C. §2243 (sexual abuse of a minor or ward),

(3) 18 U.S.C. §2244 (Abusive sexual contact, where the victim is 13 years of age or older),
(4) 18 U.S.C. §2251 (sexual exploitation of children),

(5) 18 U.S.C. §2251A (selling or buying of children),
(6) 18 U.S.C. §2252 (material involving the sexual exploitation of a minor),

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

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

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

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

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

(d) Certain Military Offenses. Any military offense specified by the Secretary of Defense under
section 115(a)(8)(C)(G) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those
offenses outlined in Section 17-3-2(A),(B), or (C) shall be considered a “Tier 2” offense.

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TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
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SECTION 17-3-3. Tier 3 Offenses.

(a) Recidivism and Felonies. Any sex offense that is defined as a Class A offense 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) Tribal Offenses. The following Tribal Offenses shall be Tier 3 offenses:
(1) §5-4-138(a)(5) | Promoting Commercial or Illicit Sexual Commerce or Conduct
(2) §5-4-139 : Aggravated Sexual Assault”
(3) §5-4- 140(2)(b)(7) Sexual Assault

(4) §5- 4-12 Kidnapping (if specifically ordered by Court following a arcing ofa
~ sexual component) -

(c) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered
conviction for a “Tier 3” offense: °

ed) 18 U.S.C. §2241 (aggravated sexual abuse),
(2) 18 U.S.C. §2242 (sexual abuse), or
(3): Where the victim.is 12 years of age or younger, 18 U.S.C. §2244 (abusivesexual
contact). So De oe : os

(d). Certain Military Offenses. Any military offense specified by the Secretary 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 17-3- 3(A), (B), or (C) shall be considered a “Tier 3” offense. :

SECTION 17- 3-4. Offender Notification.

(a) The Omaha Tribal Court shall advise every person charged: with a crime which, if conviction is
found would be a covered offense under this Title, that such a conviction would result in sex
offender registry requirements of either 15 years, 25 years, or for life, at arraignment.

(b) The Omaha Tribal Court shall, when pronouncing sentence for. any covered offense; or on any
_recaptured offender who has a prior conviction for an offense which would be a covered offense had it
occurred following the adoption of this Title, Order the following:

(1) That the sex offender was guilty ofa covered offense.

(2). That the Court shall determine the Tier of the Offense < and announce the Tier.

3B). _ That the Court shall advise the sex offender of the duration of his registration
requirement. fous

(4)... That the sex offender is required to 5 follow the reporting requirements of this Title and has
three days from his release from confinement to register.with the Omaha Nation Law Enforcement
Services.

SECTION 17-3-5. Record Retention.

(a) All Omaha Tribal Court records of convictions or djudicaiions for covered offenses detailed
above in this Chapter shall be maintained indefinitely until the death of the sex offender.

(1) This shall supersede any other records retention policies.

(2) These files that may have been otherwise destroyed or reduced to digitized or electronic
media may be maintained separately from other Tribal Court files, within the confines of the Omaha
Tribal Court if they are maintained in a tamper proof fire resistant locked container.

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TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
OMAHA TRIBAL CODE (2013)

(3) That any files of juvenile adjudications for covered offenses otherwise maintained by the
Omaha Tribal Court that would routinely be destroyed under Title XII of the Omaha Tribal Code shall
also be maintained.

(A) These files shall only be available for purposes of this Title or for purposes of
prosecution for a subsequently committed covered offense, in this or any other jurisdiction, and
shall not be discoverable by any means for any other purpose.

CHAPTER 4. REQUIRED INFORMATION

SECTION 17-4-1. General Requirements.

(a) Duties. A sex offender covered by this code who is required to register with the tribe shall provide
all of the information detailed in this chapter to the Omaha Nation Law Enforcement Services.
The Omaha Nation Law Enforcement Services shall obtain all of the information detailed in this
chapter fron: covered sex offenders who are required to register with the tribe in accordance with
this code and shall implement any relevant policies and procedures.

(b) Digitization. All information obtained under this code shall be, at a minimum, maintained by
the Omaha Nation Law Enforcement Services in a digitized format. This format shall — comport
with the requirements necessary for such digitized information to be compatible with the National
Sex Offender Public Website (NSOPW: hitp://www.-nsopw.gov/Core/Portal.aspx).

(c) Electronic Database. A sex offender registry shall be maintained in an electronic database by the
Omaha Nation Law Enforcement Services utilizing the Tribal and Territory Sex Offender Registry System
(TTSORS) as a template and host, or such other later developed registry that comports with the same
requirements as TTSORS.

SECTION 17-4-2. Criminal History.

~ (a) Criminal History. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, the following information related to the sex offender’s criminal history:

(1) The date of all arrests regardless of jurisdiction, including identity of arresting agency,
(2) The date of all convictions, including identity of convicting jurisdiction,

(3) The sex offender’s status of parole, probation, or supervised release,

(4) The sex offender’s registration status, and

(5) Any outstanding arrest warrants and the jurisdiction in which they were issued.

SECTION 17-4-3. Date of Birth.

(a) Date of Birth. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, the following information related to the sex offender’s date of birth:

(1) The sex offender’s actual date of birth, and
(2) Any other date of birth used by the sex offender.

SECTION 17-4-4. DNA Sample.

(a) DNA. Ifthe sex offender’s DNA is not already contained in the Combined DNA Index System
(CODIS), the sex offender shal! provide the Omaha Nation Law Enforcement Services a sample of
his DNA.

(b) CODIS. Any DNA sample obtained from a sex offender shall be submitted to the FBI DNA
Database Unit for analysis and entry of the resulting DNA profile in to CODIS.

SECTION 17-4-5. Driver’s Licenses, Identification Cards, Passports, and Immigration Documents.
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(a) Driver’s License. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, a photocopy of all of the sex offender’s valid driver’s licenses issued by
any jurisdiction.

(b) Identification Cards. The Omaha Nation Law Enforcement Services shall obtain, and a covered
sex offender shall provide, a photocopy of any identification card including the sex offender’s tribal
enrollment card issued by any jurisdiction.

(c) Passports. The Omaha Nation Law, Enforcement Services shall obtain, and a covered sex offender
shall provide, a photocopy of any passports used by the sex offender.

(d) Immigration Documents. The Omaha Nation Law Enforcement Services shall obtain, and a
covered sex offender shall provide, a photocopy of any and all immigration documents.

SECTION 17-4-6. Employment Information.

(a) Employment. The Omaha-Nation Law Enforcement Services shall obtain, and a covered sex
_ offender shall provide; the following information related to the sex offender’s employment, to
- include any and all places where the. sex offender is employed i in any means 5 including volunteer
and unpaid positions:

qd) The name of the sex.offender’s employer,
(2) The address of the sex offender’s. employer, and...
(3) Similar information related to any transient or day labor employment.

SECTION 17-4-7. Finger and Palm Prints.

(a) Finger and Palm Prints. The Omaha Nation Law Enforcement Services shall obtain, and a
covered sex offender shall provide, both finger pr ints and d palm prints of the sex.offender in a_
digitized format. :

“SECTION 17-4-8. Internet Identifiers.

(a) Internet Names. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, the following information related to the sex offender’s internet related
activity: : : :

(1) Any and all email addresses used by the sex offender,
(2) Any and all Instant Message addresses and identifiers,

(3) ©. Any and all other designations or monikers used for self- identification i in intemet
communications or postings, and

(4) Any and_all designations used by the sex offender for the purpose of routing or selfidentifi cation in internet communications or postings. cs
SECTION 17-4-9. Name.

(a) Name. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex offender
shall provide, the following information related to the sex offender’s name:

(1) The sex offender’s full primary given name,

(2) Any and all nicknames, aliases, and pseudonyms regardless of the context in which it is
used, and

(3) 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 commonly known.
SECTION 17-4-10. Phone Numbers.
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(a) Phone Numbers. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, the following information related to the sex offender’s telephone numbers:

(1) Any and all land line telephone numbers, and
(2) Any and all cellular telephone numbers, and
(3) In the event that the sex offender has no such telephone number at least one message

telephone number where the sex offender may be reached.

SECTION 17-4-11. Picture.

(a) Photograph. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, a current photograph of the sex offender.

(b) Update Requirements. A digitized photograph shall be collected at each and every registration:
(i) Every 90 days for Tier 3 sex offenders,
(2) Every 180 days for Tier 2 sex offenders, and

(3) Every year for Tier | sex offenders.

SECTION 17-4-12. Physical Description.

(a) Physical Description. The Omaha Nation Law Enforcement Services shall obtain, and a covered
sex offender shall provide, an accurate description of the sex offender as follows:

(1) A physical description,

(2) A general description of the sex offender’s physical appearance or characteristics, and
(3) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or tattoos.

SECTION 17-4-13. Professional Licensing Information.

(a) Professional Licenses. The Omaha Nation Law Enforcement Services shall obtain, and a covered
sex offender shall provide, all licensing of the sex offender that authorizes the sex offender to
engage in an occupation or carry out a trade or business.

SECTION 17-4-14. Residence Address.

(a) Address. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex offender
shall provide, the following information related to the sex offender’s residence:

(1) The address of each residence at which the sex offender resides or will reside, or
habitually may be found. This is specifically to include relative and companion addresses that the sex

offender may stay overnight al more than once per month, and

(2) Any location or description that identifies where the sex offender habitually resides
regardless of whether it pertains to a permanent residence or location otherwise identifiable by a street
or address.

SECTION 17-4-15. School.

(a) School Location. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, the following information related to the sex offender's school:

(1) The address of each school where the sex offender is or will be a student, and

(2) The name of each school the sex offender is or will be a student.

SECTION 17-4-16. Social Security Number.

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(a) Social Security. The Omaha Nation Law Enforcement Services shall obtain, and a covered sex
offender shall provide, the following information:

(1) A valid social security number for the sex offender, and

(2) Any social security number the sex offender has used in the past, valid or otherwise.

SECTION 17-4-17.. Temporary Lodging.

(a) Lodging Information. The Omaha Nation Law Enforcement Services shall obtain, and a covered
sex offender shall provide, the following information when the Sex offender will be absent from
his residence-for 7:days or more: :

qd) | Identifying information of the temporary lodging locations including addresses and
names, and. : & ae
Qy° The dates the sex offender will be staying at each temporary lodging location.
(3) Travel Abroad. In the event the sex offender will be traveling outside of the United

States for more than 7 days, the Omaha Nation Law Enforcement Services shall iramediately. provide
this information to INTERPOL directly, or through referral through appropriate | Federal agency.

SECTION 17-4- 18. Offense Information.

(a) Offense Information. The Omaha Nation Law Enforceméiit Services shall obtain the text of each
provision of law defining the criminal offense(s) for which the sex offender is registered from the
.. jurisdiction where the offense occurred.

~ SECTION: 17-4-19. . Vehicle Information.

@) Detailed Information. The Omaha Nation Law Enforcement Services shall obtain, anda covered
sex offender shall provide, the following information related: to all vehicles owned or operated by
the sex offender, any person at his residence or any such vehicle that he may have access to, for
work or personal use including land vehicles, aircraft, and watercraft:

(1) _ License plate numbers,

(2) Registration numbers or identifiers,

(3) General description of the vehicle to include color make, model, and year, and
(4) Any permanent or frequent location where any covered vehicle is kept

SECTION 17-4- 20. Frequency, Duration and Reduction.

(a) Frequency. A sex offender who is required to register shall, at a minimum, appear in person at the
Omaha Nation Law Enforcement Services for purposes of verification and keeping their
registration current in accordance with the following time frames:

gy) © ‘For “Tier 1” offenders, once every year for 15 years from the time of release from
custody for a sex offender who is incarcerated for the registration offense or from the date of
sentencing for a sex offender who. is not incarcerated for the: registration offense.

(A) The registration period shall be annually i in the month in which the sex offender’s
birthday falls with registration being required within the month, but not on the exact date of the
birthday.

(B) Birth month shall not be construed to mean within thirty days of the birth date.

(C) Registration shall be required at such times and locations as may designated by the
Omaha Nation Law Enforcement Services for the Sex Offender Registry and shall not require that
sex offenders be allowed to register 24 hours a day, seven days a week.

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(2) For “Tier 2” offenders, once every 180 days for 25 years from the time of release from
custody for a sex offender who is incarcerated for the registration offense or from the date of
sentencing for a sex offender who is not incarcerated for the registration offense.

(A) The registration period shall begin computation in the month in which the sex oftender’s
birthday falls and that month six months following the month of the registrants birth, with
registration being required in that month, but not on the exact date of the birthday.

(B) This computation shall be conducted from the birth date regardless of the date of initial
registration in the jurisdiction, unless such dates shall coincide.

(C) Birth month shall not be construed to mean within thirty days of the birth date.

(D) Registration shall be required at such times and locations as may designated by the
Omaha Nation Law Enforcement Services for the Sex Offender Registry and shall not require that
sex offenders be allowed to register 24 hours a day, seven days a week.

(3) For “Tier 3” offenders, once every 90 days for the rest of their lives.

(A) The registration period shall begin computation in the month in which the sex offender’s
birthday falls and those months three, six and nine months following the month of the registrants
birth, with registration being required in that month, but not on the exact date of the birthday.

(B) This computation shall be conducted from the birth date regardless of the date of initial
registration in the jurisdiction, unless such dates shall coincide.

(C) Birth month shall not be construed to mean within thirty days of the birth date.

(D) Registration shall be required at such times and locations as may designated by the
Omaha Nation Law Enforcement Services for the Sex Offender Registry and shall not require that
sex offenders be allowed:to register 24 hours a day, seven days a week. bos

(b) Reduction of Registration Periods. A sex offender may be eligible to have their period of
registration reduced as follows:

(1) A Tier | offender may have his or her period of registration reduced to 10 years if he.or
she has maintained a clean record for 10 consecutive years;

(2) A Tier 3 offender may have his or her period of registration reduced to 25 years if he or
she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or
she has maintained a clean record for 25 consecutive years.

(c) Clean Record. For purposes of Chapter 17-4-20(B) a person has a clean record if:

(1) He or she has not been convicted of any offense, for which imprisonment for more than |

year may be imposed,

(2) He or she has not been convicted of any sex offense,
(3) He or she has successfully completed, without revocation, any period of supervised

release, probation, or parole, and

(4) He or she has successfully completed an appropriate sex offender treatment program
certified by the tribe or by another jurisdiction, if such program meets the requirements for such
programs set forth by the Attorney General of the United States.

(d) Judicial Determination Required. For any such sex offender seeking to have his registration
requirement reduced under Sections B and C above, shall first Petition the Omaha Tribal Court to have
such period reduced. Any such Petition shall name the Omaha Tribe of Nebraska as a party and notice
shall be sent to the Omaha Tribal Council, the Omaha Tribal Prosecutor and Omaha Nation Law
Enforcement Services.

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(1) The burden of proof shall be on the sex offender to prove by clear and convincing
evidence that he has a Clean Record as defined in section C above, with any inconclusive evidence or
inferences, shall be viewed in a light least favorable to the sex offender.

SECTION 17-4-21. Requirements for In-Person Appearances.

(a) Photographs. At each in person verification, the sex offender shall permit the Omaha Nation Law
Enforcement Services to take updated Photographs of the offender.

(b) Review of information: At each 1 in person. verification the Sex offender shall review existing
information for accuracy... -

(c) Notification, Ifany new information or change i in information i is "abigiiba at an in person
verification, the Omaha Nation Law Enforcement Services shall immediately notify all other jurisdictions
in which the sex offender is required to register of the information or change i m information.

CHAPTER 5, REGISTRATION

SECTION 17-5-1. Where Registration i is Required.

(a) Jurisdiction of Conviction. A sex offender.must initially register with the Omaha. Nation iw
Enforcement Services if the sex offender was convicted by the ‘Tr ribal Court of a covered sex offense
regardless of the sex offender’s actual or intended residency. _

(b). J urisdiction.of Incarceration. A SeX offender must register with the Omaha Nation Law
Enforcement Services if the sex offender is incarcerated within the exterior boundaries of the Omaha Tribe
of Nebraska, while completing any sentence for a covered s Sex offense, regardless of whether itis the |
jurisdiction of conviction or residence. :

(c) Jurisdiction of Residence. A sex offender must register with the Omaha Nation-Law:Enforcement
Services if the sex offender resides within lands subject to the jurisdiction of the tribe, including all lands
within the exterior boundaries of the Omaha Indian Reservation:

(d) Jurisdiction of Employment. A sex offender must register with the Omaha Nation Law
~ Enforcement Services if he or she is employed. by the tribe in any capacity or otherwise is employed within
lands subject to the jurisdiction of the tribe, including all lands within the exterior boundaries of the Omaha
Indian Reservation. _

(e). Jurisdiction of School Attendance. A sex ffender must register with the Omaha: Nation Law
Enforcement Services if the sex offender is a student in any capacity within lands subject to the jurisdiction
of the tribe, including all lands. within the exterior boundaries of the Omaha Indian Reservation. es

~ (f) Jurisdiction where may be Found. A sex offender must register with the Omaha Tribal Police if
he is one who, without establishing a residence, commencing employment or becoming a student on lands
subject to the jurisdiction of the tribe, remains on, or may be found within the exterior boundaries of the
Omaha Tribal Reservation, for more than six (6) hours, or more than one (1) hour after sundown and during
the hours of darkness, which ever duration i isless. -

SECTION 17-5-2. Timing ot Registration.

(a) Timing. A sex offender required to b register with, the tribe ifider this code shall do so in the
following timeframe:

dd) If convicted by the Omaha Tribe of Nebraska for a covered sex offense and incarcerated,
the sex offender must register before being released from incarceration;

(2) If convicted by the Omaha Tribe of Nebraska but not incarcerated, within 3 business days
of sentencing for the registration offense, and

G3) Within 3 business days of establishing a residence, commencing employment, or
becoming a student on lands subject to the jurisdiction of the tribe, including all lands within the

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exterior boundaries of the Omaha Indian Reservation, a sex offender must appear in person to register
with The Omaha Nation Law Enforcement Services. All such sex offenders detailed above, whose
original covered offense was adjudicated in another jurisdiction shall be re-tiered according to the
provisions of Chapter 3 above.

(A) The Omaha Nation Law Enforcement Services shall immediately generate a
supplemental incident report which shall be forwarded to the Omaha Tribal Prosecutor within
three working days of such a registration. The Omaha Tribal Prosecutor shall then file a Civil
Petition, on behalf of the Omaha Tribe of Nebraska, to Tier the sex offenders covered offense(s)
under the provisions of Chapter 3 above for all purposes under this Title.

(1) Within six (6) hours, or within one (1) hour after sundown and during the hours
of darkness, which ever duration is less of entering on to, or remaining within the exterior
boundaries of the Omaha Tribal Reservation without establishing a residence,
commencing employment, or becoming a student on lands subject to the jurisdiction of
the tribe.

(b) Duties of the Omaha Nation Law Enforcement Services. The Omaha Nation Law Enforcement
Services shall have policies and procedures in place to ensure the following:

(1) That any sex offender incarcerated or sentenced by the tribe for a covered sex offense
completes their initial registration with the tribe,

(2) 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,

(3) That the sex offender is registered, and

(4) That upon entry of the sex offender’s information in to the registry, that information is

immediately forwarded to all other jurisdictions in which the sex offender is required to register due to
the sex offender’s residency, employment, or student status:

SECTION 17-5-3. Retroactive Registration.

(a) Retroactive Registration. The Omaha Nation Law Enforcement Services shall have in place
policies and procedures to ensure the following three categories of sex offenders are subject to the
registration and updating requirements of this code:

(1) Sex offenders incarcerated or under the supervision of the tribe, whether for a covered
sex offense or other crime,

(2) Recognizing that the Tribe has had no prior sex offender registration requirement for sex
offenders all sex offenders already within the Tribe’s jurisdiction currently registered with another law
enforcement agency, and

(3) Sex offenders reentering the justice system.

(b) Timing of Recapture. The Omaha Nation Law Enforcement Services shall ensure recapture of the

sex offenders mentioned in section 17~5-3(a)(1) and(2) within the following timeframe to be calculated
from the date of passage of this code:

(1) For Tier | sex offenders, | year,
(2) For Tier 2 sex offenders, 180 days, and
(3) For Tier 3 sex offenders, 90 days.

(c) Notification of Recapture of Sex Offender Reentering the Criminal Justice System. The Omaha
Nation Law Enforcement Services shall immediately generate a supplemental incident report which shall
be forwarded to the Omaha Tribal Prosecutor within three working days of determination thal a person
entering the criminal justice system is a recaptured sex offender. The Omaha Tribal Prosecutor shall then
file a Civil Petition, on behalf of the Omaha Tribe of Nebraska, to require the offender to register as if the
original sex offense had been committed while this Title was in effect.

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(1) It shall be sufficient for the sex offender to re-enter the criminal justice system, no
subsequent conviction is necessary to trigger registration requirements.

(2) This section hereby authorizes the Omaha Tribal Court to impose sex offender
registration requirements, appropriately tiered by the nature of the original offense, as a civil sanction
after a finding by a preponderance of the evidence that the person is a sex offender that committed a
covered crime prior to the implementation of this Title.

SECTION 17-5-4. Keeping Registration Current.

(a) Jurisdiction of Residency. All sex offenders required to ae indhis jurisdiction shall
immediately appear-in person at the Omaha Nation:Law Enforcement Services to.update any changes to
their name, residence (including .termination of residency), employment, or school attendance. All sex
offenders required to register in this jurisdiction shall immediately inform The Omaha Nation Law
Enforcement Services via facsimile of any. changes to their temporary lodging information, vehicle
information, internet identifiers, or telephone numbers. In the event of a change in temporary, lodging, the
sex offender and The Omaha Nation Law Enforcement Services shall immediately notify the jurisdiction 1 in
which the sex offender will be temporarily staying: :

: ~(b) Jurisdiction of School Attendance. Any sex offender whois a student in any. y capacity within lands
‘subject to the jurisdiction of.the tribe, including all lands within the exterior boundaries of the Omaha
Indian Reservation, regardless of location that change their school, or otherwise terminate their schooling,

_ shall immediately appear in person at the Omaha Nation Law Enforcement Services to update that ~
‘information. The Omaha Nation Law Enforcement Services shall ensure that each jurisdiction:in which the
sex offender is required to register, or was required to. register peor to the updated information being given,
are immediately notified of the change. :

“(c) Jurisdiction of Employment. Any SCX offender who | is ciployed by the tribe in any capacity or
otherwise i is employed within lands subject to the jurisdiction of the tribe, including all lands ‘within the ~:
exterior boundaries of the Omaha Indian Reservation, regardless of location that change their.employment,
or otherwise terminate their employment, shall immediately appear in person at the Omaha Nation Law
Enforcement Services to update that information. The Omaha Nation Law Enforcement Services shall :
ensure that each jurisdiction in which the sex ‘offender is required to register, or was required to register
prior to the updated. information being given, are immediately notified of the change.

(d) Duties of the Omaha Nation Law Enforcement Services. With regard to changes i in a sex
offender’s registration information, the Omaha Nation Law Enforcement Services or shall immediately

notify: »

(1) a Jurisdictions where a sex offender intends to reside, work, or attend school, oe

‘9 (2) Any jurisdiction where the SCX offender i is either registered or required to Tegister, and
/ QB) “Specifically with respect to information relating to a sex offender’s intent to commence

residence, school, or employment outside of the United States, any jurisdiction where the sex offender
is either registered or required to register, and the U.S, Marshals Service. The, tribal police shall also
ensure this. information i is immediately updated on NSOR. —

SECTION 17-5-5. Failure to ) Appear for Registration and Absconding..

(a) Failure to Appear. In the event a sex offender fails to register with the tribe as required by this
code, the Omaha Nation Law Enforcement Services shall immediately inform the jurisdiction that provided
notification that the sex offender was to commence residency, employment, or school attendance with the
tribe that the sex offender failed to appear for registration.

(b) Absconded Sex Offenders. If the Omaha Nation Law Enforcement Services receives information
that a sex offender has absconded the Omaha Nation Law Enforcement Services shall make an effort to
determine if the sex offender has actually absconded.

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(1) If the information indicating the possible absconding came through notice from another
jurisdiction or federal authorities, they shall be informed that the sex offender has failed to appear and
register.

(2) If an absconded sex offender cannot be located then Omaha Nation Law Enforcement

Services shall take the following steps:

(A) Update the registry to reflect the sex offender has absconded or is otherwise not capable
of being located,

(B) Notify the U.S. Marshals Service,

(C) Seek a warrant for the sex offender’s arrest. The U.S. Marshals Service or FBI may be
contacted in an attempt to obtain a federal warrant for the sex offender’s arrest,

(D) Update the NSOR to reflect the sex offender’s status as an absconder, or is otherwise not
capable of being located, and

(E) Enter the sex offender into the National Crime Information Center Wanted Person File.

(c) Failure to Register. In the event a sex offender who is required to register due to their
employment or school attendance status fails to do so or otherwise violates a registration requirement of
this code, the Omaha Nation Law Enforcement Services shall take all appropriate follow-up measures
including those outlined in section 17-5-5(b). The Omaha Nation Law Enforcement Services shall first
make an effort to determine if the sex offender is actually employed or attending school in lands subject to
the tribe’s jurisdiction.

CHAPTER 6 PUBLIC SEX OFFENDER REGISTRY WEBSITE

SECTION 17-6-1. Website.

(a) Website. The Omaha Nation Law Enforcement Services shall use and maintain a public sex
offender registry website.

(b) Links. The registry website shall include links to sex offender safety 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, harass, or commit a crime against any individual named in
the registry or residing or working al any reported addresses and that any such action could result in civil or
criminal penalties.

(e) Search Capabilities. The registry website shall have the capability of conducting searches by (1)
name; (2) county, city, and/or town; and, (3) zip code 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 participation in the Dru Sjodin National Sex Offender
Public Website and shall participate in that website as provided by the AUlorney General of the United
States.

SECTION 17-6-2. Required and Prohibited Information.

(a) Required Information. The following information shall be made available to the public on the sex
offender registry website:
(1) Notice that an offender is in violation of their registration requirements or cannot be
located if the sex offender has absconded,

(2) All sex offenses for which the sex offender has been convicted,
(3) The sex offense(s) for which the offender is currently registered,
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(4) The address of the sex offender’s employer(s),

(5) The name of the sex offender including all aliases,
(6) A current photograph of the sex offender,

(7) A physical description of the sex offender,

(8) The residential address and, if relevant, a description of a habitual residence of the sex
offender,

(9) All addresses. of Sohools attended dby the s Sex. offender, and
(10) 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: : a

Q dd) : Any arrest that did not result in conviction, :
: (2) The sex offender’s social security number,
GB) Any travel and immigration documents/nuitibers,

4) The identity of the victim, and.
(5) ___ Internet identifiers (as defi ned i in 142 US. C $1691 Dd.

(6) _ Witness Protection. For sex offenders who are under a witness protection program, the
‘tribal police may honor the request of the United States Marshals Service or other agency. responsible
for witness protection by not. including the ¢ original identity of the offender on the publicly accessible
sex offender registry website...

(7) Any information: inchiding name, address, photograph, identifying description or any such
--other information that may concern orrelate to any-sex. offender adjudicated as a minor who has not
yet reached the age of eighteen (18). .

SECTION 17-6-3. Community Notification. _

(a) Law Enforcement Notification. ‘Whenever a sex offender registers or updates his or her
information with the tribe, the Omaha Nation Law Enforcement Services shall:

(i) Immediately notify the’ FBI or other federal agency as designated by the Attorney
- General in order that the information may be updated on NSOR or other relevant databases, »

s (2) “Immediately notify every. agency, department, or pr ogram within. the tribe that i is
responsible for criminal investigation, prosecution, child welfare or sex offender supervision functions,
including but not limited to, Omaha Nation Law Enforcement Services, Omaha Tribal Prosecutor, and
tribal Probation.

(3) Immediately notify any. and all other. registration jurisdictions where the sex offender is
registered due to the sex offender's residency, school attendance, or employment.

(4) Immediately notify National Child Protection Act: agencies, which includes any agency
responsible for conducting employment-related background checks under section 3 of the National
Child Protection Act of 1993 (42 U.S.C. 5119a) when a sex offender registers or updates registration.

(A) Currently the only such agencies known to conduct employment-related background
checks within the exterior boundaries of the Omaha Tribal Reservation are the FBI and the
Nebraska State Patrol.

(b) Community Notification, The Omaha Nation Law Enforcement Services shall develop, maintain
and use a Tribe and Territory Sex Offender Registry System (TTSORS) based sex offender registry in
order to provide community notification.

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CHAPTER7. IMMUNITY

(a) No waiver of immunity. Nothing under this chapter shall be construed as a waiver of sovereign
immunity for the Omaha Tribe of Nebraska, its departments, agencies, employees, or agents.

(b) Good faith. Any person acting under good faith of this Title shall be immune from any civil
liability arising out of such actions.

CHAPTER 8 CRIMES AND BANISHMENT
(a) Any sex offender, regardless of their status as an Indian or non-Indian, violating the registration
provisions of this code shall be subject to criminal provisions as detailed below. Sex offenders who are
also non-member Indians or non-Indian may also be subject to exclusion and banishment as contained in
Title XVI of the Omaha Tribal Code, or as later amended.

(b) Each violation of a provision of this code by a sex offender shall be considered a civil violation
subject to. enforcement, by any means not prohibited by federal law. This shall specifically apply to
forfeitures of any and all tangible or real property used, maintained, obtained or otherwise utilized or
related to the failure to register or absconding sex offender including any such vehicle or residence in
which the sex offender may have resided.

SECTION 17-8-1. Failure to Register as a Sex Offender.

(a) A person is guilty of the crime of Failure to Register as a Sex Offender if, being a sex offender
who has committed a covered offense and is subject to registration under Chapter 5 of this Code, and fails
to register with the Omaha Nation Law Enforcement Services in a timely manner as detailed in Chapter 5
above.

(b) A person.who violates this section shall be guilty of a Class A Offense and shall be designated as.
an absconded offender. _ Bo

(1) : Except that any person who violates this section by failing to report or register for his or
her periodic registration as required by section 17-4-20 above, without relocating outside the exterior
boundaries of the Omaha Tribal Reservation, and evidencing no-intent to abscond,.shall be guilty of a
Class B offense.

SECTION 17-8-2. Providing False Information to the Sex Offender Registry.

(a) A person is guilty of the crime of Providing False Information to the Sex Offender Registry if,
being a sex offender who has committed a covered offense and is subject to registration under Chapter 5 of
this Code, and:

(1) Purposely, knowingly and recklessly provides false or inaccurate information as required
under Chapter 4 above.

(A) This shalf specifically include all acts of omission.

(b) A person who violates this section is guilty of a Class B Offense.

SECTION 17-8-3. Hindrance of Sex Offender Registration.
(a) A person is guilty the crime of Hindrance of Sex Offender Registration if they:

(1) Knowingly harbors or knowingly attempts to harbor, or knowingly assists another person
in harboring or attempting to harbor a sex offender who is in violation of this Title;

(2) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to
find the sex offender to question the sex offender about, or to arrest the sex offender for,

noncompliance with the requirements of this Title; or

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(3) Provides information to law enforcement agency regarding a sex offender which the
person knows to be false.

(4) Violation of sub-sections (a), (b) or (c) shall be a Class B offense, unless the sex offender
so aided was a Tier 3 registrant in which instance the violation of this section shall be a Class A
offense.

SECTION 17-8-4. Unlawfully Using Sex Offender Registry Information.

(a) A person is guilty the crime of Unlawfully Using Sex Offender Registry Information if they
utilize information available of the Omaha Tribe’s Sex Offender Registry to unlawfully injure,
harass, or. commit a crime against any individual named in the registry or residing or working at
any reported addresses. 7

(b) Violation of this section shall be a Class C offense.

18

TITLE 17. OMAHA TRIBAL SEX OFFENDER REGISTRATION CODE
P.0. Box $8

OMAHA TRIBE OF NEBRASKA

EN (402) 837-5391
eke t

Macy, \. ebaska 68039 fe: a FAX (402) 837-5308
£8: “34

EXEcuT IY EOFFICERS ee ig MEMBERS

Amen Sher §£2Chaisman 4 4 x - Jeifery L. Gilpin

Fotrest yc “ Aldich, Vice-Chairman in % A Ne Mitch Parker

Jeti Miter, Zo r4aurer Meg MTACUNOY ae Rodney Mortis

Vincent Me rr ickSr. Secretary

TRIBAL ADMINISTRATION

RESOLUTION

QMAHA TRIBAL COUNCIL
No. 11-64

Authorizing agreement with Nebraska State Patrol\

VVHEREAS,

For Implementation and Maintenance of
SORNA Operations — .

the Omaha Tribe of Nebraska is a federally recognized Indian tribe |
organized under a constitution and bylaws approved by the Secretary of |

_ Interior on April 30, 1936, pursuant to Section 16 of the Indian |

VVHEREAS,

Reorganization Act of June 18, 1934: and, —

pursuant to Article Hi, Section 1 of the Constitution of the Omaha Tribe of

_ Nebraska, the governing body of the Omaha Tribe shall be known as the

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Tribal Council: and,

pursuant to Article IV, Section 1(J) of the Constitution of the Omaha Tribe
of Nebraska, the Tribal Council has the authority to safeguard and
promote the economy and general welfare of the Omaha Tribe; and,

the Tribal Council finds that the Nebraska State Patrol is willing to
cooperate with the Omaha Tribe of Nebraska in making state resources
available to the Tribe for complete and full implementation and
maintenance of its SORNA operation; and

The Omaha Tribe of Nebraska is required to comply with all requirements
of the Sex Offender Registration and Notification Act, as required pursuant
to the Resolution of the Omaha Tribal Council, No. 07-67; and

the Tribal Council has determined that it is in the best interest of the
Omaha Tribe of Nebraska _-to enter into'an agreement with the Nebraska
State Patrol in meeting these requirements; and
- Wwe EREAS, nothing | in this ‘Agredmenit Shall bec constiued a as sa waiver F of: soveieign _
ool. immunity: for the Omaha Tribe.of Nebraska, its departments, agencies,
employees, or. agents. ‘Any such person acting on behalf of the Tribe,
under good faith of this Agreement, shall bei immune from: any clvil liability
arising ‘out of such actions. ae

Now THEREFORE BE IT RESOLVED: : re
The Tribal Council hereby authorizes the e following agreement between the
_ Nebraska State Patrol and the Omaha Tribe of Nebraska.

_ MEMORANDUM OF AGREEMENT
a _. “BETWEEN. : a
THE NEBRASKA DEPARTMENT OF STATE POLICE.
AND |
“THE OMAHA TRIBE OF NEBRASKA.

Parties -

7 This Memorandum of Agréenient’ (MOA) is- enteied into by and fort the. Nebraska State Patrol : -
(N SP) and Omaha Tribe of Nebraska (Tribe). ae —_

_ Both parties are’ “jurisdictions” as: that term is, defined in the: Sex Offender Registration and |
Notification Act (SORNA), which 1 is Title I of the Adam Walsh Child Protection and # Salety Act .
of 2006. | oo.
. Purpose =
_ The purpose of this MOA is to set forth’ the conditions ‘and responsibilities of the parties
concerning the use of the Nebraska Sex Offender Registry. and other resources available to the
State by the Tribe i in order to facilitate satisfying the Tribe? S responsibilities under the SORNA.
Responsibilities, Rights, and Limitations - the NSP .

- The NSP will coopérate with the Omaha Tribe of Nebraska i in making state resources available
to the Tribe for complete and full implementation and maintenance of its SORNA operation.

Responsibilities, Rights, and Limitations - the Tribe 7
The Tribe will. comply with all requirements of the Sex Offender Registration and Notification
Act, as. required pursuant to the Resolution of the Omaha Tribal Council, No. 07-67. Said
~ Resolution, attached hereto, is incorporated by reference herein as if fully set forth = *

No Indemnification

T Le parties shall not indemnify each-other for any purpose arising out of the operation of this
)/0A; the parties agree to assume their own costs of litigation that may arise out of the operation
of this MOA, whether the litigation is filed or joined by either party or a third party.

Te] otice of Claims

T tt parties agree to notify the other, in writing, of any claim, of which a party has knowledge,

aSsrted against either party or their employees, officers, agents, or directors when such claim

' pttports to arise out of the subject of this MOA. Stich notification must be made within five
business days of discovery of the claim.

DPispute Resolution
Tt 1s the intent: of the parties that disputes arising out of the operation of this MOA be resolved 7
informally. The parties agree to make good faith efforts to teach informal resolution for at least
sixty days before terminating this MOA or commencing legal action. -

| Amendment

- This MOA may not be amended except by written instrument executed by both parties.
Severability | |

. Lf any portion of this MOA is held by a court having jurisdiction to be unlawful, unenforceable,
or void, the remaining ‘provisions shall remain in full force and effect. . a

Assignment

This MOA may not be assigned, delegated, or otherwise transferred by the parties, nor may any
right, duty, or obligation under this MOA be assigned, delegated, or transferred, unless otherwise
provided for in this MOA.

Entire Agreement

This MOA constitutes the entire agreement between the parties and it supersedes all prior
agreements and understandings between them with regard to the subject of this MOA.

Term of Agreement

This MOA shall be effective for one-year from the effective date, and shall automatically renew
for consecutive one-year terms unless terminated by either party. The parties agree that in the
event a party desires a change in the terms of the MOA without terminating it, they shall provide

the other party written notice at least ninety days prior to the end of a term.

Sovereign Immunity
vwvaiver of j immunity, Nothing j in » this Agreement shall be Gonstruéd a asa’ 1 waiver “of sovereign’

-4°Saunity for the Omaha Tribe. of Nebraska, its ‘departments, ‘ageticies, : employees, or agents, .

__. Awl such person acting on behalf of the Tribe; under. good fa faith of, this 5 Agreement, shall be
iy-Maune fom any civil H Hability arising. out of such actions, .

; . ; Nices

Yelitten notices required under this agreement shall be delivered via first class mail to the
folowing: ; .

|” Farthe NSP:
” Dewid A. Sankey, Colonel” ar
- S7erintendent of Law Enforeement and Public Safety

PLO. Box 94907
— .Laoln, Nebraska 68509

a Forthe Tribe: Co
-’ Anew Sheridan, Chairman

- ‘Osnaha Tribal Council

— POBox368
Mey, Nebraska 68039

! Efeetive Date”

Ths MOA’ is effective once executed by both parties ty signature of | an officer, agent, or
employee having apparent authority to enter the agreement on behalf’ of the party they represent.

Execution

Fotthe Nebraska Department of State Police: For the Omaha Tribe of Nebraska: ~

Dale: _ Date: 45

. ‘David A, Sankey, Colonel 7 Tribal Council

Superintendent of Law Enforcement and Omaha Tribal Council -
Pulic Safety

CERTIFICATION -

‘This will certify that the foregoing resolution was considered at a meeting of the
Tribal Council of the: Omaha Tribe of Nebraska, duly called and held on.
Lea- 2oll , and was adopted by a vote of 5 FOR,. .
. AGAINST and _/ NOT VOTING OR ABSENT with the Chairperson not irae ating. A
‘quorum of | be. _was present. ,

_ INTRODUCED BY:
MOTION:

SECOND:

~ QUESTION:

Dated: _

Chairperson aR Ts ee Tribal Council’ — Secretary, Omaha Tribal Council

[OCR skipped on page(s) 31-36]

[Read from a scan; the first 30 pages.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aomaha_of_nebraska%3Ad28a7ef361a06f1b. Public record. Not legal advice.