PUEBLO OF ACOMA LAWS 2003 (09-2025 Replacement)

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TITLE 18

PUEBLO OF ACOMA SEX OFFENDER REGISTRATION AND

NOTIFICATION LAW

This Replacement includes laws enacted since the Pueblo of Acoma Laws

2003 pursuant to Tribal Council Resolutions dated January 1, 2007 through

September 19, 2025.

These laws may be cited by Title, Chapter, Section and Year

as Section or § _-_-_ Pueblo of Acoma Laws 2003 (09-2025 Replacement)

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PUEBLO OF ACOMA LAWS 2003 (09-2025 Replacement)

TITLE 18

PUEBLO OF ACOMA SEX OFFENDER REGISTRATION AND NOTIFICATION LAW

TABLE OF CONTENTS

Chapter

Page

General Matters ............................................................................................... 18-1

18-1-1

Title ............................................................................................ 18-1

18-1-2

Purpose ...................................................................................... 18-1

18-1-3

Need .......................................................................................... 18-2

18-1-4

Creation of Registries ................................................................. 18-3

18-1-5

Sex Offender Registry ................................................................ 18-3

18-1-6

Public Sex Offender Registry Website ....................................... 18-3

Terminology and Covered Offenses ................................................................ 18-3

18-2-1

Definitions .................................................................................. 18-3

Convicted ........................................................................ 18-3

Juvenile Offender(s) ........................................................ 18-3

Foreign Convictions ......................................................... 18-3

Employee(s) .................................................................... 18-4

Immediate........................................................................ 18-4

Imprisonment................................................................... 18-4

Jurisdiction ...................................................................... 18-4

Minor ............................................................................... 18-4

Reside(s) ......................................................................... 18-4

Sex Offense(s) ................................................................ 18-4

Sex Offender(s) ............................................................... 18-6

Sexual Act ....................................................................... 18-6

Sexual Contact ................................................................ 18-7

Student ............................................................................ 18-7

Sex Offender Registration and Notification Act (SORNA)

........................................................................................ 18-7

Sex Offender Registry ..................................................... 18-7

National Sex Offender Registry (NSOR) ......................... 18-7

National Crime Information Center (NCIC). .................... 18-7

Dru Sjodin National Sex Offender Public Website (NSOPW)

........................................................................................ 18-7

Tribe and Territory Sex Offender Registry System (TTSORS)

........................................................................................ 18-7

Tiers ................................................................................ 18-8

Tier One (1) Sex Offender ............................................... 18-8

Tier Two (2) Sex Offender ............................................... 18-8

Tier Three (3) Sex Offender ............................................ 18-8

18-2-2

Covered Offenses ...................................................................... 18-8

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Tiered Offenses ............................................................................................. 18-12

18-3-1

Tiered Offenses........................................................................ 18-12

Tier One (1) Offenses .................................................... 18-12

Tier Two (2) Offenses .................................................... 18-13

Tier Three (3) Offenses ................................................. 18-15

Required Registration Information ................................................................. 18-17

18-4-1

General Requirements ............................................................. 18-17

18-4-2

Duties ....................................................................................... 18-17

18-4-3

Digitization ............................................................................... 18-17

18-4-4

Electronic Database ................................................................. 18-17

18-4-5

Name ....................................................................................... 18-17

18-4-6

Criminal History ........................................................................ 18-18

18-4-7

Date of Birth ............................................................................. 18-18

18-4-8

DNA Sample ............................................................................ 18-18

18-4-9

Driver’s License, Identification Cards, Passports and Immigration

Documents ............................................................................... 18-18

18-4-10

Employment Information .......................................................... 18-19

18-4-11

[Reserved] ................................................................................ 18-19

18-4-12

Finger and Palm Prints ............................................................. 18-19

18-4-13

Internet Identifiers/Internet Names ........................................... 18-19

18-4-14

Phone Numbers ....................................................................... 18-20

18-4-15

Photograph .............................................................................. 18-20

18-4-16

Physical Description ................................................................. 18-20

18-4-17

Professional Licensing Information .......................................... 18-21

18-4-18

Residence Address .................................................................. 18-21

18-4-19

School/School Location ............................................................ 18-21

18-4-20

Social Security Number ............................................................ 18-21

18-4-21

Temporary Lodging Information ............................................... 18-21

18-4-22

Vehicle Information .................................................................. 18-22

18-4-23

Offense Information.................................................................. 18-22

18-4-24

International Travel .................................................................. 18-22

18-4-25

Frequency and Reduction ........................................................ 18-22

18-4-26

Requirements for In Person Appearances ............................... 18-23

Registration ................................................................................................... 18-23

18-5-1

Where Registration is Required ............................................... 18-23

18-5-2

Timing of Registration .............................................................. 18-24

18-5-3

Retroactive Registration ........................................................... 18-26

18-5-4

Keeping Registration Current ................................................... 18-26

18-5-5

Failure to Appear for Registration and Absconding .................. 18-28

18-5-6

Requirements for Establishing or Re-Establishing Residency

................................................................................................. 18-29

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18-5-7

Sex Offenders are Prohibited from Being Present at the Following

Locations; Unless Exempted by a Court Order ........................ 18-31

Public Sex Offender Registry Website ........................................................... 18-33

18-6-1

General Information ................................................................. 18-33

18-6-2

Required and Prohibited Information........................................ 18-34

18-6-3

Community Notification ............................................................ 18-35

Immunity

18-7-1

18-7-2

Crimes and Civil Sanctions ............................................................................ 18-37

18-8-1

Criminal Penalty ....................................................................... 18-37

18-8-2

Civil Penalty ............................................................................. 18-37

18-8-3

Customs and Traditions ........................................................... 18-37

18-8-4

Exclusion .................................................................................. 18-38

18-8-5

Hindrance of Sex Offender Registration................................... 18-38

Cultural Activities Prohibition ........................................................................ 18-38

18-9-1

Prohibition on being Present and Participating in Certain Acoma

Cultural Activities ..................................................................... 18-38

18-9-2

Annual Notice of Prohibition .................................................... 18-38

18-9-3

Delivery of Notice .................................................................... 18-38

18-9-4

Penalties for Violation .............................................................. 18-39

................................................................................................. 18-37

No Waiver of Immunity ............................................................. 18-37

Good Faith ............................................................................... 18-37

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PUEBLO OF ACOMA LAWS 2003 (09-2025 Replacement)

TITLE 18

PUEBLO OF ACOMA SEX OFFENDER REGISTRATION AND NOTIFICATION LAW

Origins: Enacted by Tribal Council Resolution No. TC-MAR-0812-VIb.

Annotation 1: In 2007, pursuant to Tribal Council Resolution No.

TC-JUN-28-07-Va, the Pueblo of Acoma Tribal Council elected to

participate in the National Sex Offender Registry System as a Sex

Offender Registration Jurisdiction pursuant to the Adam Walsh

Child Protection and Safety Act of 2006. Federal law required all

registration jurisdictions to enact a Sex Offender registration law.

Annotation 2: Pursuant to the Adam Walsh Child Protection and

Safety Act, the United States Attorney General has issued

regulations concerning retroactive application of registration

requirements. 28 CFR Part 72. Section 72.3 states “All sex

offenders must comply with all requirements of that Act,

regardless of when the conviction of the offense for which

registration is required occurred (including if the conviction

occurred before the enactment of that Act) …[.]”

Annotation 3: The Pueblo of Acoma Tribal Council approved

Tribal Council Resolution No. 2025-028 on September 19, 2025,

to replace Title 18 requiring its enactment and issuance

immediately. Due to the prior issuance of Pueblo of Acoma Laws

2003 (2025 Replacement), respectively, this Title 18 replacement

is dated “09-2025 Replacement”.

Chapter 1.

GENERAL MATTERS

18-1-1

Title. This Law shall be known as the Pueblo of Acoma Sex Offender

Registration and Notification Law.

18-1-2

Purpose. The intent of this Law is to implement the federal Sex Offender

Registration and Notification Act, (SORNA), (Title 1 of Public Law 109-248;

42 U.S.C. 16901 et seq.), and shall be interpreted literally to comply with

the terms and conditions of that Act as presently written or hereafter

amended.

A. The Pueblo of Acoma recognizes that Sex Offenders pose an ongoing

risk for recidivism and may commit additional Sex Offenses even after

being released from incarceration or commitment and that protection of

the public from Sex Offenders is of paramount Tribal governmental

interest. Persons found to have committed a Sex Offense have a

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reduced expectation of privacy because of the community’s interest in

public safety and in the effective operation of government; and

B. The Pueblo of Acoma will not be a place where convicted Sex Offenders

can avoid accountability for their behavior. Sex Offenders will not be

allowed to reside, work or go to school within the exterior boundaries of

the Pueblo of Acoma if they do not comply with Tribal and federal laws

regarding Sex Offender registration. The Pueblo of Acoma desires a

mechanism to track Sex Offenders who may attempt to avoid detection

and registration because of complex jurisdictional issues; and

C. The Pueblo of Acoma recognizes that their people are their most

precious resource and that they are the future of the Pueblo of Acoma.

It is the intent of the Pueblo of Acoma to protect the interest of its people

and to prevent harm to them by promoting community safety. By

enacting this Law, the Pueblo of Acoma is taking steps to prevent the

sexual abuse of its people and those at risk from sexual violence; and

D. Sex Offender registration and notification and the release of relevant

offender information about sexual offenders to law enforcement,

public/private entities and the general public will further the Tribal

interest of public safety and enhance strategies for crime detection and

prevention.

18-1-3

Need. Violent crime in Indian Country is more than twice the national

average. Tribal nations are disproportionately affected by violent crime and

Sex Offenses in particular from 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 continuation

of Tribal communities.

A. Currently there are Sex Offenders residing within the exterior

boundaries of the Pueblo.

B. Until the passage of SORNA, the Pueblo had no way of monitoring and

registering Sex Offenders as their only obligation was to report and

C. The Pueblo recognizes that its people are their most precious resource

and they are the future of the Pueblo.

D. It is the intent of the Pueblo to protect the interest of children, elders and

those at risk from such behavior, to prevent harm to them by promoting

community safety.

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E. By enacting this Law, the Pueblo is taking steps to prevent the sexual

abuse of children, elders and those at risk from such behavior.

18-1-4

CREATION OF REGISTRIES

18-1-5

Sex Offender Registry. There is hereby established a Sex Offender registry

which the Police Department shall maintain and operate to the provisions

of this Law, as amended.

18-1-6

Public Sex Offender Registry Website. There is hereby established a public

Sex Offender Registry Website (“the Pueblo of Acoma Sex Offender

Website” or “registry website”) provided by the U.S. Department of Justice’s

Tribal and Territory Sex Offender Registry System (TTSORS), which the

Police Department shall maintain and operate pursuant to the provisions of

this law, as amended. The Pueblo of Acoma has also partnered with the

State of New Mexico Department of Public Safety and utilizes their website

in a manner consistent with the Memorandum of Agreement entered into

for those purposes.

Chapter 2.

TERMINOLOGY and COVERED OFFENSES

18-2-1

Definitions. The definitions below apply to this Title Only.

A. Convicted. An adult Sex Offender is “convicted” for the purposes of

this Title if the Sex Offender has been subject to penal

consequences based on the conviction, however the conviction may

be styled. This includes convictions of a Juvenile Offender.

B. Juvenile Offender(s). A Juvenile Offender is “convicted” for

purposes of this Law if the Juvenile Offender is:

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 fourteen (14) years of age or older at

the time of the offense and the offense adjudicated was

comparable to or more severe than aggravated sexual abuse

(as described in either (a) or (b) of section 2241 of Title 18,

United States Code), or was an attempt or conspiracy to

commit such an offense.

C. Foreign Convictions. A foreign conviction is one obtained outside

of the United States.

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D. Employee(s). The term “employee” includes, but is not limited to,

an individual who is self-employed or works for any other entity,

regardless of compensation including but not limited to volunteers,

interns, apprentices, contractors and subcontractors as well as

those that participate in performances or activities are included

within the definition of Employee for registration purposes.

E. Immediate. “Immediate” and “immediately” means within three (3)

days.

F. 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 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 Title during their period

of “House Arrest.”

G. Jurisdiction. The term “jurisdiction” as used in this Title refers to the

fifty (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, including the Pueblo of Acoma.

H. Minor. The term “minor” means an individual who has not attained

the age of eighteen (18) years.

I. Reside(s). The term “reside”, “resides”, or “residing” means, with

respect to an individual, the location of the individual’s home or other

place where the individual habitually lives or sleeps. This includes

Sex Offenders who visit the Pueblo of Acoma for a period of three

(3) days or more, including persons residing at the Sky City Casino

Hotel or RV Park for more than three (3) days.

Annotation: Tribal Council Resolution 2025-028 amended this

definition by eliminating the following redundant language:

“[v]isitors that participate in any event hosted by the Pueblo or Sky

City Casino, such as Big Game Hunts and wrestling matches,

concerts, or that plan on residing at.”

J. Sex Offense(s). Except as limited by clauses six (6) or seven (7) of

this definition, the term “sex offense” means:

1. A criminal offense that has an element involving a Sexual Act

or Sexual Contact with another;

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2. A criminal offense that is a “specified offense against a

minor”. The term “specified offense against a minor” means

an offense against a minor that involves any of the following:

an offense (unless committed by a parent or

guardian) involving kidnapping;

an offense (unless committed by a parent or

guardian) involving imprisonment;

solicitation to engage in sexual conduct;

use in a sexual performance;

solicitation to practice prostitution;

video voyeurism as described in 18 U.S.C §1801;

possession, production or distribution of child

pornography;

criminal sexual conduct involving a minor, or the

use of the Internet to facilitate or attempt such

conduct; or

any conduct that by its nature is a Sex Offense

against a minor.

3. 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, 2257A or 2258) or 117, of Title 18 of the United States

Code;

4. 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);

5. An attempt or conspiracy to commit an offense described in

clauses one (1) through four (4);

6. Offenses involving Consensual Sexual Conduct. An offense

involving consensual sexual conduct is not a Sex Offense for

the purposes of this Title if the victim was an adult, unless the

adult was under the custodial authority of the offender at the

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time of the offense, or if the victim was at least thirteen (13)

years old and the offender was not more than four (4) years

older than the victim; or

7. Foreign Offenses. A Foreign Conviction is not a Sex Offense

for the purposes of this Law unless it was either:

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.

K. Sex Offender(s). A Sex Offender is a person who is “convicted” of a

“sex offense” and has been subject to penal consequences based

on the conviction within the meaning of Section 18-2-1(J) of this

Chapter or under the scope of Section 18-2-2; and is required to

a Juvenile Offender.

Annotation: Tribal Council Resolution 2028-028 amended this

definition to expand the meaning of Sex Offender pursuant to the

types of Sex Offense and scope of Covered Offense under this

Title.

L. Sexual Act. The term “sexual act” means:

1. contact between the penis and the vulva, or the penis and

the anus and for purposes of this definition contact involving

the penis occurs upon penetration, however slight;

2. contact between the mouth and the penis, the mouth and

vulva or the mouth and the anus;

3. the penetration, however slight, of the anal or genital opening

of another by a hand or finger, or by any object with an intent

to abuse, humiliate, harass, degrade, arouse or gratify the

sexual desire of any person; or

4. the intentional touching, not through the clothing, of the

genitalia of another person that has not attained the age of

eighteen (18) years with an intent to abuse, humiliate,

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harass, degrade, arouse or gratify the sexual desire of any

person.

M. Sexual Contact. The intentional touching, either directly or through

the clothing, of the genitalia, anus, groin, breast, inner thigh or

buttocks of any person with an intent to abuse, humiliate, harass,

degrade, or arouse or gratify the sexual desires of another person.

N. Student. A “student” is a person who enrolls in or attends either a

private or public educational institution, including a secondary

school, trade or professional school, or an institution of higher

education. For purposes of this Law “student” also refers to

apprentices, externs, interns and volunteers.

O. Sex Offender Registration and Notification Act (SORNA). The Sex

Offender Registration and Notification Act (Title I of the Adam Walsh

Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C.

§16911 et. seq., as amended.

P. Sex Offender Registry. The term “Sex Offender Registry” means

the registry of Sex Offenders and a notification program

maintained by the Police Department.

Q. National Sex Offender Registry (NSOR). The national database is

maintained by the Attorney General of the United States pursuant

to 42 U.S.C. §16919.

R. National Crime Information Center (NCIC). The NCIC is a

computerized index of criminal justice information and is available

to Federal, state, and local law enforcement and other criminal

justice agencies. Each Tribal justice official serving an Indian tribe

shall be considered an authorized law enforcement official for

access to the NCIC of the FBI, pursuant to 34 U.S.C. § 41107.

Annotation 1: Tribal Council Resolution 2025-028 eliminated the

definition for the SMART Office and added the definition of the

National Crime Information Center.

S. 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.

T. Tribe and Territory Sex Offender Registry System (TTSORS). The

TTSORS is provided by the U.S. Department of Justice’s Office of

Sex Offender Sentencing, Monitoring, Apprehending, Registering,

and Tracking (SMART) to assist Tribes and territories in

implementing the SORNA registry system requirement, pursuant to

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42 U.S.C. § 16945, and qualifies as a public Sex Offender Registry

Website under this Title, and is referred to as the “Registry

Website” in this Title.

Annotation: Tribal Council Resolution 2025-028 added the

definition of the Tribe and Territory Sex Offender Registry System

and incorporated the function of the SMART Office.

U. Tiers. Any Sex Offense for which a person has been convicted,

attempted, or conspired to commit such an offense is categorized

into a Tier based on the severity or nature of the crime committed.

V. Tier One (1) Sex Offender. A “tier one (1) Sex Offender” or a “Sex

Offender” designated as “tier 1” is one that has been convicted of a

“tier 1” Sex Offense as defined in section 18-3-1(A) of this Title.

W. Tier Two (2) Sex Offender. A “tier two (2) Sex Offender” or a “Sex

Offender” designated as “tier 2” is one that has been convicted of ta

“tier 2” Sex Offense as defined in section 18-3-1(B) of this Title.

X. Tier Three (3) Sex Offender. A “tier three (3) Sex Offender” or “Sex

Offender” designated as “tier three (3)” is one that has been

convicted of a “tier three (3)” Sex Offense as defined in section 183-1(C), or who is subject to the recidivist provisions of Section 18-31(C)(1) of this Title.

18-2-2

Covered Offense(s). Sex Offenders who Reside, are Employed, or attend

school as Students within the exterior boundaries of the Pueblo of Acoma,

or visit the Pueblo for a period of three (3) days or more, who have been

convicted, incarcerated, or on parole for any of the offenses listed in this

section, or convicted, incarcerated, or on parole for an attempt or conspiracy

to commit any of the offenses listed in this section, are subject to the

requirements of this Title. In addition, any person convicted of an underlying

offense or convicted of an attempt or conspiracy to further that offense, a

Sex Offense as defined in section 18-2-1(J) of this Title, is subject to the

requirements of this Title.

Annotation: Tribal Council Resolution 2025-028 expanded the

scope of the Covered Offenses to Sex Offenders who are

convicted, incarcerated, or on parole.

A. Tribal Offense(s). A conviction under Title 6 of the Pueblo of Acoma

Laws (2003) as amended for any of the following and any other hereafter

included offenses:

1. § 6-4-2 (Indecent Exposure);

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2. § 6-4-3 (Aggravated Indecent Exposure);

3. § 6-4-4 (Public Sexual Indecency; Classification);

4. § 6-4-5 (Sexual Assault);

5. § 6-4-6 (Criminal Sexual Penetration);

6. § 6-4A-7 (Sexual Exploitation of Children);

7. § 6-4A-8 (Sexual Exploitation of Children by Prostitution);

8. § 6-4A-9 (Molestation of a Child); or

9. § 6-4A-10 (Criminal Sexual Contact [With] a [Child]).

B. Federal Offense(s). A conviction for, or a conviction for an attempt or

conspiracy to commit, any of the following, and any other offense

hereafter included in the definition of “sex offense” at 42 U.S.C.

§16911(5), including any offenses prosecuted under the Assimilative

Crimes Act (18 U.S.C. §1152 or §1153):

1. 18 U.S.C §1591 (Sex trafficking of children);

2. 18 U.S.C §1801 (Video voyeurism of a minor);

3. 18 U.S.C. §2241 (Aggravated sexual abuse);

4. 18 U.S.C. §2242 (Sexual abuse);

5. 18 U.S.C. §2243 (Sexual abuse of a minor or ward);

6. 18 U.S.C. §2244 (Abusive Sexual Contact);

7. 18 U.S.C. §2245 (Offenses resulting in death);

8. 18 U.S.C. §2251 (Sexual exploitation of children);

9. 18 U.S.C. §2251A (Selling or buying of children);

10. 18 U.S.C. §2252 (Material involving the sexual exploitation of a

minor);

11. 18 U.S.C. §2252A (Material containing child pornography);

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12. 18 U.S.C. §2252B (Misleading domain names on the internet);

13. 18 U.S.C. §2252C (Misleading words or digital images on the

internet);

14. 18 U.S.C. §2260 (Production of sexually explicit depictions of a

minor for import into the U.S.);

15. 18 U.S.C. §2421 (Transportation of a minor for illegal sexual

activity);

16. 18 U.S.C. §2422 (Coercion and enticement of a minor for illegal

sexual activity);

17. 18 U.S.C. §2423 (Transportation of Minors for Illegal Sexual

Activity, Travel With the Intent to Engage in Illicit Sexual Conduct

with a Minor, Engaging in Illicit Sexual Conduct in Foreign

Places);

18. 18 U.S.C. §2424 (Failure to file factual statement about an alien

individual); or

19. 18 U.S.C. §2425 (Transmitting information about a minor to

further criminal sexual conduct).

C. Foreign Offense(s). 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 Offense(s). 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).

E. Juvenile Offense(s) or Adjudication(s). Any Sex Offense, or attempt or

conspiracy to commit a Sex Offense, that is comparable to or more

severe than the federal crime of aggravated sexual abuse (as codified

in 18 U.S.C. §2241(a) or (b)) and committed by a minor who is fourteen

(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 Offense(s). Any Sex Offense committed in any jurisdiction,

including the Pueblo of Acoma, that involves:

1. any type or degree of genital, oral or anal penetration;

2. any sexual touching of or contact with a person’s body, either

directly or through the clothing;

3. kidnapping of a minor;

4. false imprisonment of a minor;

5. solicitation to engage a minor in sexual conduct understood

broadly to include any direction, request, enticement, persuasion,

or encouragement of a minor to engage in sexual conduct;

6. use of a minor in a sexual performance;

7. solicitation of a minor to practice prostitution;

8. possession, production or distribution of child pornography;

9. criminal sexual conduct that involves physical contact with a

minor or the use of the internet to facilitate or attempt such

conduct. This includes offenses whose elements involve the use

of other persons in prostitution, such as pandering, procuring, or

pimping in cases where the victim was a minor at the time of the

offense;

10. any conduct that by its nature is a Sex Offense against a minor;

or,

11. any offense similar to those outlined in:

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

coercion);

18 U.S.C. §1801 (Video voyeurism of a minor);

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

18 U.S.C. §2242 (Sex Abuse);

18 U.S.C. §2244 (Abusive Sexual Contact);

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

prostitution); or

18 U.S.C. §2423(a) (Transporting a minor to

engage in illicit conduct).

Chapter 3.

TIERED OFFENSES

18-3-1

For purposes of this Title, all Sex Offenders will be required to register with

the Police Department based on the following tiers:

A. Tier One (1) Offenses

1. Sex Offenses. A "Tier One (1)" offense includes any Sex

Offense, for which a person has been convicted, or an attempt

or conspiracy to commit such an offense that is not a "Tier Two

(2)" or "Tier Three (3)" offense.

2. Offenses Involving Minors. A "Tier One (1)" offense also

includes any offense for which a person has been convicted by

any jurisdiction, local government, or qualifying foreign country

that involves the false imprisonment of a minor, video voyeurism

of a minor, or possession or receipt of child pornography.

3. Pueblo of Acoma Offenses. Any Sex Offense covered by this

Title where punishment was limited to one year in jail shall be

considered a "Tier One (1)" Sex Offense.

4. Certain Federal Offenses. Conviction for any of the following

Federal Offenses or an attempt or conspiracy to commit such an

offense shall be considered a conviction for a "Tier One (1)"

offense:

a. 18 U.S.C. §1801 (Video voyeurism of a minor);

b. 42 U.S.C. §169111(7)(A)-(B) (Kidnapping; False

Imprisonment of a Minor);

c. 18 U.S.C. §2252 (receipt or possession of child

pornography);

d. 18 U.S.C. §2252A (receipt or possession of child

pornography);

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e. 18 U.S.C. §2252B (misleading domain names on the

internet);

f. 18 U.S.C. §2252C (misleading words or digital

images on the internet);

g. 18 U.S.C. §2422(a) (coercion to engage in

prostitution);

h. 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. §2423(d) (Illicit Sexual Conduct in

Connection With Certain Organizations);

k. 18 U.S.C. §2423(e) (Ancillary Offenses);

18 U.S.C. §2424 (failure to file factual statement

about an alien individual); or

m. 18 U.S.C. §2425 (transmitting information about a

minor to further criminal sexual conduct).

Annotation: Tribal Council Resolution 2025-028

corrected reference in subsection 4(b) to 42 U.S.C.

§169111(7)(A)-(B) and citation title in subsection 4(J)

was corrected.

5. 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 18-3-1(A)(1),(2) or (3) shall

be considered a "Tier One (1)" offense.

B. Tier Two (2) Offenses.

1. Recidivism and Felonies. Unless otherwise covered by Section

18-3-1 (C), any Sex Offense that is not the first Sex Offense for

which a person has been convicted or an attempt or conspiracy

to commit such an offense and that is punishable by more than

one year in jail is considered a "Tier Two (2)" offense.

2. Offenses Involving Minors. A "Tier Two (2)" offense includes any

Sex Offense against a minor for which a person has been

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convicted or an attempt or conspiracy to commit such an offense,

which involves:

a. the use of minors in prostitution, including solicitations;

b. enticing a minor to engage in criminal sexual activity;

c. Sexual Contact with a minor thirteen (13) years of age or

older, whether directly or indirectly through the clothing,

that involves the intimate parts of the body;

d. the use of a minor in a sexual performance;

e. the production or distribution of child pornography;

f. a non-forcible Sexual Act with a minor sixteen (16) or

seventeen (17) years old.

3. Certain Federal Offenses. Conviction for any of the following

Federal Offenses shall be considered a conviction for a "Tier

Two (2)" offense:

a. 18 U.S.C. §1591 (sex trafficking by force, fraud, or

coercion);

b. 18 U.S.C. §2243 (sexual abuse of a minor);

c. 18 U.S.C. §2244 (abusive Sexual Contact, where the

victim is 13 years of age or older);

d. 18 U.S.C. §2251 (sexual exploitation of children);

e. 18 U.S.C. §2251A (selling or buying of children);

f. 18 U.S.C. §2252 (material involving the sexual

exploitation of a minor);

g. 18 U.S.C. § 2252A (production or distribution of material

containing child pornography);

h. 18 U.S.C. §2260 (production of sexually explicitly

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);

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k. 18 U.S.C. §2423(a) (transporting a minor to engage in

illicit conduct);

18 U.S.C. §2423(d) (Illicit Sexual Conduct in Connection

With Certain Organizations); or

m. 18 U.S.C. §2423(e) (Ancillary Offenses)

Annotation: Tribal Council Resolution 2025-028

corrected reference in subsection 3(l) and added

subsection 3(m), 18 U.S.C. §2423(e) (Ancillary

Offenses).

4. Certain Tribal Offenses. Any Tribal Offense that would be

considered sexual assault or would qualify as a "Tier Two (2)"

offense under United States Code shall be considered a "Tier

Two (2)" offense:

a. §6-4-3 Pueblo of Acoma Laws 2003 (Sexual Abuse;

Classification);

b. §6-4-4 Pueblo of Acoma Laws 2003 (Sexual Conduct

with a Minor; Classification);

c. §6-4-2 Pueblo of Acoma Laws 2003 (Indecent Exposure;

Classification); or

d. §6-4-3 Pueblo of Acoma Laws 2003 (Aggravated

Indecent Exposure; Classification).

Annotation: Tribal Council Resolution 2025-028 added

subsection (d) §6-4-3 Pueblo of Acoma Laws 2003

(Aggravated Indecent Exposure; Classification).

5. 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 18-3-1(B)(1), (2), or (3) shall

be considered a "Tier Two (2)" offense.

C. Tier Three (3) Offenses.

1. Recidivism and Felonies. Any Sex Offense that is punishable by

more than one year in jail where the offender has at least one

prior conviction or an attempt or conspiracy to commit such an

offense for a Tier Two (2) offense or has previously become a

Tier Two (2) Sex Offender, is a "Tier Three (3)" offense.

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2. General Offenses. A "Tier Three (3)" offense includes any Sex

Offense, for which a person has been convicted, or an attempt

or conspiracy to commit such an offense which involves:

a. non-parental kidnapping of a minor;

b. a Sexual Act with another by force or threat;

c. a Sexual Act with another who has been rendered

unconscious or involuntarily drugged, or who is otherwise

incapable of appraising the nature of the conduct or

declining to participate, or is mentally challenged

(retardation);

d. Sexual Contact with a minor twelve (12) years of age or

younger, including offenses that cover sexual touching of

or contact with the intimate parts of the body, either directly

or through the clothing.

3. Certain Federal Offenses. Conviction for any of the following

Federal Offenses shall be considered conviction for a "Tier

Three (3)" offense:

a. 18 U.S.C. §2241 (aggravated sexual abuse);

b. 18 U.S.C. §2242 (sexual abuse);

c. 18 U.S.C. §2243 (sexual abuse of a minor or ward); or

d. Where the victim is twelve (12) years of age or younger,

18 U.S.C. §2244 (abusive sexual contact).

4. Certain Tribal Offenses. Any Tribal Offense that would be

considered sexual assault or would qualify as a "Tier Three (3)"

offense under the United States Code shall be considered a

"Tier Three (3)" offense. Tribal offenses shall include:

a. §6-4-5 Pueblo of Acoma Laws 2003 (Sexual Assault); or

b. §6-4A-9 Pueblo of Acoma Laws 2003 (Molestation of a

Child).

Annotation: Due to no existing offense in Title 6 of

the Pueblo of Acoma Laws 2003, as amended,

Tribal Council Resolution 2025-028 deleted

references to offenses: §6-4-11 [Pueblo of Acoma

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Laws 2003] (Lewd and Lascivious Acts), §6-3-3 and

6-3-6 [Pueblo of Acoma Laws 2003] (Kidnapping

Involving a Minor), and §6-3-5 [Pueblo of Acoma

Laws 2003] (Unlawful Imprisonment involving a

Minor).

5. 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 18-3-1(C)(1), (2), or (3) shall be

considered a "Tier Three (3)" offense.

Chapter 4.

REQUIRED REGISTRATION INFORMATION

18-4-1

General Requirements. The general requirements are the required

documents or processes used to register a person convicted of a Sex

Offense.

18-4-2

Duties. A Sex Offender covered by this Title who is required to register with

the Pueblo of Acoma pursuant to chapter 5 of this Title shall provide all of

the information detailed in this chapter to the Police Department or designee

and the Police Department or designee shall obtain all of the information

detailed in this chapter from covered Sex Offenders who are required to

policies and procedures.

18-4-3

Digitization. All information obtained under this Title shall be, at a minimum,

maintained by the Police Department or designee in digitized format.

18-4-4

Electronic Database. A Sex Offender registry shall be maintained in an

electronic database by the Police Department or designee and shall be in a

form capable of electronic transmission, or otherwise electronically

accessible by other jurisdictions.

18-4-5

Name. The Police Department or designee shall obtain, and a covered Sex

Offender shall provide, the following information related to the Sex

Offender’s name:

A. the Sex Offender’s full primary given name;

B. any and all nicknames, aliases and pseudonyms 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 commonly known.

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18-4-6

Criminal History. The Police Department or designee shall obtain, and a

covered Sex Offender shall provide the following information related to the

Sex Offender’s sex offense criminal history:

A. the date of all arrests;

B. the date of all convictions;

C. the Sex Offender’s status of parole, probation or supervised release;

D. the Sex Offender’s registration status with other jurisdictions; and.

E. any outstanding arrest warrants.

18-4-7

Date of Birth. The Police Department or designee shall obtain, and a

covered Sex Offender shall provide, the following information related to the

Sex Offender’s date of birth:

A. the Sex Offenders actual date of birth; and,

B. any other date of birth used by the Sex Offender.

18-4-8

DNA Sample.

A. Deoxyribonucleic Acid (DNA). If the Sex Offender’s DNA is not already

contained in the Combined DNA Index System, (CODIS), the Sex

Offender shall provide the Police Department or designee a sample of

his/her DNA.

B. Combined DNA Index System (CODIS). 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.

18-4-9

Driver’s Licences, Identification Cards, Passports and Immigration

Documents.

A. Driver’s Licenses. The Police Department or designee shall obtain, and

a covered Sex Offender shall provide a photocopy of all of the Sex

Offenders’ valid driver’s licenses issued by any jurisdiction.

B. Identification Cards. The Police Department or designee 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.

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C. Passports. The Police Department or designee shall obtain, and a

covered Sex Offender shall provide, a photocopy of any passports used

by the Sex Offender.

D. Immigration Documents. The Police Department or designee shall

obtain, and a covered Sex Offender shall provide, a photocopy of any

and all immigration documents used by the Sex Offender.

18-4-10

Employment Information. The Police Department or designee 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 in any means, including volunteer and unpaid

positions:

A. the name of the Sex Offender’s employer;

B. the address of the Sex Offender’s employer; and,

C. similar information related to any transient or day labor employment.

18-4-11

RESERVED.

18-4-11

Finger and Palm Prints. The Police Department or designee shall obtain,

and a covered Sex Offender shall provide, both finger and palm prints.

These will be recorded in a digitized format and forwarded to the appropriate

national databases housed by the Federal Bureau of Investigation within

three (3) days.

Annotation: Tribal Council Resolution 2025-028 amended the

time to forward the digitized prints to the FBI from “immediately”

to within three (3) days.

18-4-13

Internet Identifiers/Internet Names. The Police Department or designee

shall obtain, and a covered Sex Offender shall provide, the following

information related to the Sex Offenders’ internet related activity:

A. any and all email addresses used by the Sex Offender;

B. any and all Instant Message addresses and identifiers;

C. any and all other designations or names used for self-identification in

internet communications or postings; and,

D. any and all designations used by the Sex Offender for the purpose of

routing or self-identification in internet communications or postings.

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18-4-14

Phone Numbers. The Police Department or designee, and a covered Sex

Offender shall provide, any and all telephone numbers and any other

designations used by a Sex Offenders for purposes of routing or selfidentification in telephonic communications including but not limited to:

A. any and all land line telephone numbers;

B. any and all cellular telephone numbers; and

C. any and all Voice over IP (VOIP).

18-4-15

Photograph. A covered Sex Offender shall permit his photograph to be

taken by the Police Department or designee:

A. every ninety (90) days for Tier Three (3) Sex Offenders;

B. every one hundred and eighty (180) days for Tier Two (2) Sex Offenders;

and

C. every year for Tier One (1) Sex Offenders.

A digitized photograph shall be collected at each appearance indicated in

Section 18-4-15(a) of this Title. If the appearance of a Sex Offender has

changed significantly by indication of the Police Department, the police

department may require the Sex Offender to submit a new digitized

photograph to the Police Department.

Annotation: Tribal Council Resolution 2025-028 amended this

section to require the Sex Offender to submit to a new

photograph if their appearance has change significantly in the

discretion of the Police Department.

18-4-16

Physical Description. The Police Department or designee shall obtain, and

a covered Sex Offender shall provide, an accurate description of the Sex

Offender as follows:

A. a general description of the Sex Offender’s physical appearance or

characteristics; and

B. any identifying marks, such as but not limited to scars, moles, birthmarks

or tattoos.

Annotation: Tribal Council Resolution 2025-028 amended this

section moving the requirement of a physical description,

including a map or a physical diagram of where the Sex Offender

lives to Section 18-4-18.

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18-4-17

Professional Licensing Information. The Police Department or designee

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.

18-4-18

Residence Address. The Police Department or designee shall obtain, and

a covered Sex Offender shall provide, the following information related to

the Sex Offender’s residence:

A. the address of each residence at which the Sex Offender resides or will

reside; and

B. 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, a

physical description, including a map or a physical diagram of where the

Sex Offender lives.

18-4-19

School/School Location. The Police Department or designee shall obtain,

and a covered Sex Offender shall provide, the following information related

to the Sex Offender’s school:

A. the address of each school where the Sex Offender is or will be a

Student; and

B. the name of each school where the Sex Offender is or will be a Student.

18-4-20

Social Security Number. The Police Department or designee shall obtain,

and a covered Sex Offender shall provide, the following information.

A. a valid social security number for the Sex Offender; and

B. any social security number the Sex Offender has used in the past, valid

or otherwise.

18-4-21

Temporary Lodging Information. The Police Department or designee shall

obtain, and a covered Sex Offender shall provide, the following information

when the Sex Offender will be absent from the Sex Offender’s residence for

five (5) days or more:

A. identifying information about the temporary lodging locations including

addresses and names;

B. the dates the Sex Offender will be staying at each temporary lodging

location; and

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C. the registered Sex Offender shall provide the information in subsection

B and C of this section no later than two (2) days before his scheduled

travel. The information shall be provided in person.

18-4-22

Vehicle Information. The Police Department or designee shall obtain, and

a covered Sex Offender shall provide, the following information related to

all vehicles owned or operated by the Sex Offender for work or personal

use, including land vehicles, aircraft and watercraft:

A. license plate numbers,

B. registration numbers or vehicle identification (VIN) numbers,

C. general description of the vehicle to include:

1. Color;

2. Make;

3. Model; and

4. Year.

D. any permanent or frequent location where any covered vehicle is kept.

18-4-23

Offense Information. The Police Department or designee shall obtain the

text of each provision of Title defining the criminal offense(s) for which the

Sex Offender is registered.

18-4-24

International Travel. Sex offender must inform the Police Department at

least twenty one (21) days in advance if they intend to travel outside of the

United States. The Police Department must notify the U.S. Marshals’

Service and, within three (3) days, notify any other jurisdiction where the

Sex Offender is either registered, or is required to register, of that updated

information. Update also must be made to NCIC/NSOR.

Annotation: Tribal Council Resolution 2025-028 amended this

section to require notifying the U.S. Marshals’ Service within

three days, replacing “immediately.”

18-4-25

Frequency and Reduction.

A. Frequency. A Sex Offender who is required to register shall, at a

minimum appear in person at the Police Department for purposes of

verification and keeping their registration current in accordance with the

following time frames:

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1. For Tier One (1) offenders: once every year for life from the time

of release from custody for a Sex Offender who is incarcerated

for the registered offense, or from the date of sentencing for a

Sex Offender who is not incarcerated for the registered offense.

2. For Tier Two (2) offenders: once every one hundred and eighty

(180) days for life from the time of release from custody for a Sex

Offender who is incarcerated for the registered offense or from

the date of sentencing for a Sex Offender who is not incarcerated

for the registered offense.

3. For Tier Three (3) offenders, once every ninety (90) days for the

rest of their lives.

Annotation: Tribal Council Resolution 2025-028 amended this

section to require all Tiers of Sex Offenders to register for life. In

addition, prior subsections (B) Reduction of Registration Periods

and (C) Clean Record were deleted.

18-4-26

Requirements For In-Person Appearances.

A. Photographs. At each in-person verification, the Sex Offender shall

permit the Police Department to take a photograph of the Sex Offender.

B. Review of Information. At each in-person verification the Sex Offender

shall review existing information for accuracy.

C. Notification. If any new information or change in information is obtained

at an in-person verification, the Police Department shall, within three (3)

days, notify all other jurisdictions in which the Sex Offender is required

to register of the information or change in information and update or

cause to update the public website, if applicable, and update information

in NCIC/NSOR.

CHAPTER 5. REGISTRATION

18-5-1

Where Registration is Required.

A. Jurisdiction of Conviction. A Sex Offender must initially register with the

Police Department if the Sex Offender was convicted by the Court 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

Police Department if the Sex Offender is incarcerated by the Pueblo of

Acoma while completing any sentence for a covered sex offense,

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regardless of whether it is the same jurisdiction as the jurisdiction of

conviction or residence.

C. Jurisdiction of Residence. A Sex Offender must register with the Police

Department if the Sex Offender Resides, or intends to Reside, within

lands subject to the jurisdiction of the Pueblo of Acoma.

D. Jurisdiction of Employment. A Sex Offender must register with the

Police Department if the person is employed by the Pueblo of Acoma in

any capacity or otherwise is employed within lands subject to the

jurisdiction of the Pueblo of Acoma.

E. Jurisdiction of School Attendance. A Sex Offender must register with

the Police Department if the Sex Offender is a Student in any capacity

within lands subject to the jurisdiction of the Pueblo of Acoma.

F. Jurisdiction of Tribal Enrollment. A Sex Offender must register with the

Pueblo of Acoma Sex Offender Compliance Officer if the Sex Offender

is an enrolled Tribal citizen of the Pueblo of Acoma.

Annotation: Tribal Council Resolution 2025-028 amended this

subsection A(F) changing “Tribal member” to “Tribal citizen”.

G. Jurisdiction of Parole. A Sex Offender must register with the Police

Department while the person is on parole for the violation of a Sex

Offense.

18-5-2

Timing of Registration.

A. Timing. A Sex Offender required to register with the Pueblo of Acoma

under this Title shall do so within the following time frame:

1. if convicted by the Pueblo of Acoma for a Covered Sex Offense

and incarcerated, the Sex Offender must register before being

released from incarceration, including release on parole;

2. if convicted by the Pueblo of Acoma but not incarcerated for a

Sex Offense, the Sex Offender must register within three (3) days

after sentencing for the registration offense;

3. within three (3) days of establishing a Residence, commencing

Employment, or becoming a Student on lands subject to the

jurisdiction of the Pueblo of Acoma, a Sex Offender must appear

in person to register with the Police Department; or

4. within three (3) days of notification by the Pueblo of Acoma, Sex

Offenders who are enrolled Tribal citizens who do not meet the

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above criteria in Section 18-5-2(A)(1)-(3) are required to contact

the Police Department to make arrangements for Sex Offender

registration on the Sex Offender Registry.

Annotation: Tribal Council Resolution 2025-028 amended this

provision by incorporating Sex Offender registration timing

requirements for Sex Offenders who are on parole and Sex

Offenders who are enrolled members of Acoma but are not

Residents, Employees, or Students within the meaning of this Title

and under registration requirement of 18-5-1.

B. Duties of the Police Department. The Police Department shall have

policies and procedures in place to ensure the following:

1. inform the Sex Offender of the Sex Offender’s duties to register

under this Title;

2. explain the SORNA duties to the Sex Offender;

3. that any Sex Offender incarcerated or sentenced by the Pueblo

of Acoma for a covered sex offense completes their initial

registration with the Pueblo of Acoma;

4. 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;

5. that the Sex Offender is registered, and added to the public

website, if applicable;

6. that upon entry of the Sex Offender’s information in 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 status of Conviction, Incarceration, Parole, Residency,

Employment, Student or, Tribal enrollment, pursuant to Section

18-5-1 A through G;

7. that all forms require Sex Offender acknowledgements and

advisement of requirements are signed by the Sex Offender;

8. that all information is entered and updated in NCIC/NSOR; and

9. that the Sex Offender has read and acknowledged the SORNA

letter issued annually pursuant to Section 18-9-2 and to abide by

the conditions in the letter.

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Annotation 1: Tribal Council Resolution 2025-028 amended 185-2 (B)(6) by incorporating registration requirements for Sex

Offenders’ status of conviction, incarceration, Tribal enrollment,

and parole to reflect all locations required for registration in 18-51.

Annotation 2: Tribal Council Resolution 2025-08 amended this

provision by adding 18-5-2(B)(9) regarding Sex Offenders’

acknowledgment conditioned in applicable SORNA letters from

the Police Department.

18-5-3

Retroactive Registration.

A. Retroactive Registration. The Police Department shall develop and

promulgate policies and procedures to ensure the following categories

of Sex Offenders are subject to the registration and updating

requirements of this Title:

1. Sex Offender incarcerated or under the supervision of the Pueblo

of Acoma, whether for a covered sex offense or other crime;

2. Sex Offender already registered or subject to a pre-existing Sex

Offender registration requirement under the Title;

3. Sex Offender reentering the justice system due to conviction for

any crime; and

4. for a Sex Offense committed as of 1994 when the Jacob

Wetterling Act was enacted, up to the present day, a Sex

Offender must register.

B. Timing of Recapture. The Police Department shall attempt to recapture

of Sex Offender mentioned in Section 18-5-3(A) within the following time

frames to be calculated from the date of passage of this Title:

1. for Tier One (1) Sex Offenders one (1) year;

1. for Tier Two (2) Sex Offenders, one hundred and eighty (180)

days; or

2. for Tier Three (3) Sex Offenders, ninety (90) days.

Annotation: Tribal Council Resolution 2025-028 amended this

section to require the Police Department to “attempt to

recapture” instead of “ensure recapture”.

18-5-4

Keeping Registration Current.

A. Jurisdiction of Residency. All Sex Offenders who reside on lands

subject to the jurisdiction of the Pueblo of Acoma and who are required

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to register in this jurisdiction shall immediately appear in person at the

Police Department 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, within three (3) days, inform the Police Department via

telephone 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 Police

Department shall immediately notify the jurisdiction in which the Sex

Offender will be temporarily staying. With regard to any other changes

in a Sex Offender’s registration information, the Police Department or

designee shall notify, within three (3) days:

1. all jurisdictions where a Sex Offender intends to Reside, work or

attend school;

2. any jurisdiction where the Sex Offender is either registered or

required to register;

3. to the extent possible, ensure that all information is immediately

updated on NSOR;

4. 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; and

5. immediate updates to any changes to the following information

will be made (an in-person appearance is not required of these

following items):

a. Email Addresses;

b. Internet communication, postings, or telephone

communications (including social media usernames); or

c. Vehicle Information.

Annotation: Tribal Council Resolution 2025-028 amended this

section updating the timing requirements to ”within three days.”

Further, the Tribal Council Resolution deleted “Instant Message

Addresses” in (5) and added “including social media usernames”

to (b).

B. Jurisdiction of School Attendance. Any Sex Offender who is a Student

in any capacity within the lands subject to the jurisdiction of the Pueblo

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of Acoma regardless of location that changes their school or otherwise

terminate their schooling, shall immediately appear in person at the

Police Department to update that information. The Police Department

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, is immediately notified of the change.

C. Jurisdiction of Employment. Any Sex Offender, who is employed by the

Pueblo of Acoma in any capacity or otherwise is employed within land

subject to the jurisdiction of the Pueblo of Acoma regardless of location

that changes their employment, or otherwise terminates their

employment, shall immediately appear in person at the Police

Department to update that information. The Police Department shall

ensure that each jurisdiction in which the Sex Offender is required to

given, is immediately notified of the change.

18-5-5

Failure to Appear for Registration and Absconding.

A. Failure to Appear. In the event a Sex Offender fails to register with the

Pueblo of Acoma as required by this Title, the Police Department or

designee shall immediately inform the jurisdiction that provided

notification that the Sex Offender was to commence residency,

employment or school attendance with the Pueblo of Acoma that the

Sex Offender failed to appear for registration.

B. Absconded Sex Offenders. If the Police Department or designee

receives information that a Sex Offender has absconded the Police

Department shall make an effort to determine if the Sex Offender has

actually absconded.

1. In the event no determination can be made, the Police

Department or designee shall ensure that any appropriate law

enforcement agency is notified.

2. 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.

3. If an absconded Sex Offender cannot be located, then the Police

Department shall take the following steps:

a. update the register/public website to reflect the Sex

Offender has absconded or is otherwise not capable of

being located;

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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 NCIC and/or 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

status as a Student fails to do so or otherwise violates a registration

requirement of this Title, the Police Department shall take all appropriate

follow-up measures including those outlined in Section 18-5-5(B). The

Police Department shall first make an effort to determine if the Sex

Offender actually Resides, is Employed or attends school as a Student

within the Pueblo of Acoma’s jurisdictional boundaries.

18-5-6

Requirements for Establishing or Re-Establishing Residency.

A. Any Sex Offender who seeks to establish or re-establish residence

within the jurisdictional boundaries of the Pueblo of Acoma must first

notify the Police Department of their intent to reside at Acoma. This

requirement applies to:

1. Sex Offenders seeking to establish initial residence within the

Pueblo;

2. Sex Offenders seeking to re-establish residence after any

period of absence; or

3. Sex Offenders upon release from any incarceration,

imprisonment, or custody, including release from any halfway

house, treatment facility, or supervised residential program.

B. Notification Requirements:

1. Notification must be provided in writing to the Police

Department;

2. Notification must include the proposed address, intended move

date, and reason for establishing residence; and

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3. For those currently incarcerated, notification must occur at least

thirty (30) days before release, or immediately upon learning of

release if less than thirty (30) days' notice is available.

C. Upon receiving the notification, the Police Department shall within

three (3) business days inform the Acoma Governor of such intent. The

Governor, in consultation with Acoma Tribal Council, shall consider

whether to grant permission for residence or to pursue exclusion

pursuant to Title 1, Chapter 12, of the Pueblo of Acoma Laws 2003

(2025 Replacement).

Annotation: See Title 1, Chapter 12, of the Pueblo of Acoma Laws 2003 (2025

Replacement) (“Exclusion”).

D. No Sex Offender shall establish or re-establish residence within the

Pueblo of Acoma without completing this notification process and

receiving written confirmation from the Police Department that the

notification has been processed.

E. Failure to comply with these requirements shall constitute:

A violation of this Title subject to penalties under Section 18-81; and

Grounds for immediate exclusion proceedings.

F. Emergency Exception: In cases of emergency release or court-ordered

immediate release, the Sex Offender must notify the Police

Department within twenty-four (24) hours of release and may not

establish residence until the process outlined in this section is

completed.

G. The Police Department shall notify relevant jurisdictions when a Sex

Offender is denied residence or excluded from the Pueblo of Acoma

pursuant to this section.

H. Existing Registered Sex Offenders:

1. Sex Offenders who are properly registered with the Pueblo of

Acoma Police Department and who have established and

maintained continuous residence within the Pueblo of Acoma

as of September 19, 2025, are exempt from the requirements

of Section 18-5-6, Subsections A through G.

2. This exemption shall terminate and the requirements of this

Section 18-5-6 shall apply if the Sex Offender:

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a. Voluntarily abandons their established residence for

more than thirty (30) consecutive days;

b. Establishes residence outside the Pueblo's jurisdiction;

c. Fails to maintain current registration as required by this

Title.

3. This provision recognizes the vested residency rights of

currently registered and compliant Sex Offenders and

ensures this Section does not operate as an ex post facto

punishment for those who established residence under prior

law. Notwithstanding this exemption, the Governor and

Acoma Tribal Council retain authority to initiate exclusion

proceedings under Title 1, Chapter 12 of the Pueblo of

Acoma Laws.

For purposes of this subsection, "continuous residence"

means:

a. The Sex Offender has not established a primary

residence elsewhere;

b. Temporary absences for medical treatment,

employment, or family emergencies not exceeding thirty

(30) days do not break continuity; and

c. The residence remains the address of record for

registration purposes.

Annotation: Tribal Council Resolution 2025-028 added Section 18-5-6

Requirements for Establishing or Re-Establishing Residency which provide the

procedural requirements for Sex Offenders before they establish or re-establish

residency within the jurisdictional boundaries of the Pueblo of Acoma.

18-5-7

Sex Offenders are Prohibited from Being Present at the Following

Locations; Unless Exempted by a Court Order:

Unless exempted by an order of the Pueblo of Acoma court, Governor or

Tribal Council, Sex Offenders are prohibited from entering, residing, or

loitering within any of the following locations within the Pueblo of Acoma

reservation:

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A. Schools, or loitering within 500 feet of schools, with exception of students

who are Sex Offenders enrolled at schools on the Pueblo of Acoma

lands;

B. Parks, or loitering within 500 feet of parks;

C. Playgrounds, or loitering within 500 feet of playgrounds;

D. Libraries, or loitering within 500 feet of libraries; and

E. Acoma Community Center Recreational Facilities:

1. Sex Offenders are prohibited from entering or being present in

the following areas of the Acoma Community Center:

a. Community Gym;

b. Fitness Center and associated locker rooms;

c. Swimming Pool and pool area;

d. Youth activity rooms; and

e. Any area where organized youth programs or activities

are conducted.

2. This prohibition does not apply to:

a. Governmental offices located within the Community

Center complex;

b. The Tribal Council Chambers;

c. Common entryways and hallways when used solely for

the purpose of accessing governmental offices; and

d. Public meeting spaces when attending official Acoma

Tribal Government proceedings.

F. Locations and Events Designated by the Governor or Tribal Council:

1. From time to time, the Governor or the Acoma Tribal Council

may designate additional locations or events as prohibited to Sex

Offenders for purposes of public safety in accordance with this

Section 18-5-7(F).

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2. Any designation must be made in writing and submitted as a

formal letter by the Governor to the Pueblo of Acoma Police

Department. The letter shall contain the dates, times, and

location of the event, and any such information as to provide

required notice.

3. Upon receipt of such letter, the Pueblo of Acoma Police

Department SORNA Office shall provide a minimum of fourteen

(14) calendar days’ notice to all registered Sex Offenders of the

location or event at which their presence is prohibited and a copy

of the letter. Notice shall be provided by in-person service,

electronically, by certified mail or by other means to Sex

Offenders on the Sex Offender Registry.

4. Public flyers, notices, or other communications, if any,

announcing such events must explicitly label them as “SORNA

SAFE” events, but only after the Governor’s letter has been

issued and the SORNA Office has given proper notice.

5. Tribal governmental offices or programs sponsoring events may

apply to the Governor or Tribal Council for designation of the

event as a “SORNA SAFE” event. The Governor or Tribal

Council has discretion to grant or deny such application.

6. The prohibition applies only during the time period and at the

location specified in the designation letter.

Annotation: Tribal Council Resolution 2025-028 added Section

18-5-7 which lists locations Sex Offenders are prohibited from

being present in the interest of public safety.

CHAPTER 6. PUBLIC SEX OFFENDER REGISTRY WEBSITE

18-6-1

General Information.

Website. The Police Department shall use and maintain a public

Sex Offender Registry Website. The Police Department has

elected to use the Tribe and Territory Sex Offender Registry

System (TTSORS).

Links. The Registry Website shall include links to Sex Offender

safety and education resources.

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Instructions. The Registry Website shall include instruction on how

a person can seek correction of information that the individual

contends is erroneous.

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 at any reported address

and that any such action could result in civil or criminal penalties.

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.

18-6-2

New Mexico Department of Public Safety Registry. Any offender

posted on the Pueblo of Acoma Sex Offender Website, will also be

posted on the State of New Mexico Department of Public Safety’s

Sex Offender Registry Website.

Dru Sjodin National Sex Offender Public Website (NSOPW). The

Police Department 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 Attorney General of the United States.

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;

4. the address of the Sex Offender’s employer(s);

5. the name of the Sex Offender including all aliases;

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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 schools in attendance by the Sex Offender on

Pueblo of Acoma lands; 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:

1. any arrest that did not result in conviction;

2. the Sex Offender’s social security number;

3. any travel and immigration documents;

4. the identity of the victim; and

5. internet identifiers (as defined in 42 U.S.C. §16911).

C. Witness Protection. For Sex Offenders who are under a witness

protection program, the Police Department 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.

18-6-3

Community Notification.

A. Law Enforcement Notification. Whenever a Sex Offender registers or

updates his or her information with the Tribe, the Police Department

shall:

1. Monitor and use the SORNA Exchange Portal for interjurisdictional change of Residence, Employment, or Student

status.

2. Update NCIC/NSOR or immediately notify the FBI or other federal

agency as designated by the Attorney General in order that the

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information may be updated on NCIC/NSOR or other relevant

databases within three (3) days.

3. Notify any agency, department or program within the Pueblo of

Acoma that is responsible for criminal investigation, prosecution,

child welfare or Sex Offender supervision f, including but not

limited to, police, whether BIA, Tribal, FBI, Tribal prosecutors and

Tribal probation within three (3) days..

4. Notify any and all other registration jurisdiction where the Sex

Offender is registered due to the Sex Offender’s residency,

school attendance or employment within three (3) days.

5. 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 within three (3) days of

registration or updates to registration.

6. Enter or update information posted on the public website.

B. Community Notification. The Police Department shall ensure there is an

automated community notification process in place that ensures the

following:

1. Upon a Sex Offender’s registration or update of information with

the Pueblo of Acoma, the Pueblo of Acoma’s public Sex Offender

Registry Website is i updated within three (3) days.

2. The Pueblo of Acoma’s Sex Offender registry has a function that

enables the general public to request an e-mail notice that will

notify them when a Sex Offender commences residence,

employment, or school attendance with the Pueblo of Acoma,

within a specified zip code or within a certain geographic radius.

This e-mail notice shall include the Sex Offender’s identity so that

the public can access the public registry for the new information.

3. The Police Department shall also make available, for public

viewing a hard copy of the Sex Offender’s information, this

information will be available at the Police Department twenty four

(24) hours a day seven days a week.

4. The Pueblo of Acoma will also have the information posted at the

following locations; and the Police Department will be the agency

responsible for maintaining the information:

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a. Pueblo of Acoma Governor’s Administration Office;

2. Pueblo of Acoma Gaming Commission Office;

3. Pueblo of Acoma Haaku Learning Center;

4. Pueblo of Acoma Housing Authority;

5. Pueblo of Acoma Post Office; and

6. Pueblo of Acoma Court.

Annotation: Tribal Council Resolution 2025-028 amended

Chapter 6 timing requirements from “immediately” to within three

days throughout.

CHAPTER 7. IMMUNITY

18-7-1

No waiver of immunity. Nothing in this Title shall be construed as a waiver

of sovereign immunity by the Pueblo of Acoma, its departments, agencies,

Employees or agents.

18-7-2

Good faith. Any person acting in good faith under this Title shall be immune

from any civil liability arising out of such actions.

CHAPTER 8. CRIMES and CIVIL SANCTIONS

18-8-1

Criminal Penalty. Each violation of a provision of this Title by a Sex

Offender who is an Indian shall be considered a crime and subject to a

period of incarceration of one hundred and eighty (180) days and a

minimum fine of five hundred dollars ($500.00), or both.

18-8-2

Civil Penalty. Each violation of a provision of this Title by a Sex Offender

who is not an Indian shall be considered a civil violation subject to

enforcement by any means not prohibited by federal law, including, but not

limited to the issuance of fines, forfeitures and/or civil contempt, or exclusion

by the Pueblo of Acoma Tribal Council.

18-8-3

Customs and traditions. In the absence of criminal jurisdiction over persons

to enforce Tribal law, the Pueblo has the inherent power to detain and

deliver up to other authorities, or to exclude from the Pueblo of Acoma those

persons over whom criminal jurisdiction cannot be obtained.

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Annotation: See Chapter 12 of Title 1 of the Pueblo of Acoma

Laws 2003 (2025 Replacement) for Exclusion procedures.

18-8-4

Exclusion. The Pueblo of Acoma Tribal Council has the exclusive power to

exclude any person from the Pueblo of Acoma lands pursuant to Title 1 of

the Pueblo of Acoma Laws.

Annotation: See Chapter 12 of Title 1 of the Pueblo of Acoma

Laws 2003 (2025 Replacement) for Exclusion procedures.

18-8-5

CHAPTER 9.

Hindrance of Sex Offender Registration. A person is guilty of an offense if

the person:

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;

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 non-compliance

with the requirements of this Title;

provides information to law enforcement regarding a Sex Offender

which the person knows to be false; or,

any person found guilty of an offense under this Section shall be

subject to a period of incarceration of up to one hundred and eighty

(180) days and fine of up to of five hundred dollars ($500.00), or both.

CULTURAL ACTIVITIES PROHIBITION

18-9-1.

Prohibition on being Present and Participating in Certain Acoma Cultural

Activities. A Registered Sex Offender is prohibited from being present at

the location of or participating in certain named cultural activities held within

the Pueblo of Acoma.

18-9-2

Annual Notice of Prohibition. At least annually, the Governor shall issue a

written notice listing the cultural activities that Sex Offenders are prohibited

from being present at and participating in within the Pueblo of Acoma.

18-9-3

Delivery of Notice. Upon receipt of the annual notice from the Governor, the

Police Department shall transmit the notice by in-person service,

electronically, by certified mail or by other means to Sex Offenders on the

Sex Offender Registry.

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18-9-4

Penalties for Violation. Presence or participation in cultural activities,

noticed in 18-9-2, shall be considered unlawful trespass and interference

pursuant to Title 6, Section 6-20-18 Pueblo of Acoma Laws 2003 (2019)

and punishable as a misdemeanor.

Annotation: Tribal Council Resolution 2025-028 added this

Chapter 9 “Cultural Activities Prohibition”.

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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.