# PUEBLO OF ACOMA LAWS 2003 (09-2025 Replacement) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Apueblo_acoma%3A97e3d79730b728a4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text PUEBLO OF ACOMA LAWS 2003 (09-2025 Replacement) 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) Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 2 - A PUEBLO OF ACOMA LAWS 2003 (09-2025 Replacement) TITLE 18 PUEBLO OF ACOMA SEX OFFENDER REGISTRATION AND NOTIFICATION LAW TABLE OF CONTENTS Chapter Page 1. 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 2. Terminology and Covered Offenses ................................................................ 18-3 18-2-1 Definitions .................................................................................. 18-3 A. Convicted ........................................................................ 18-3 B. Juvenile Offender(s) ........................................................ 18-3 C. Foreign Convictions ......................................................... 18-3 D. Employee(s) .................................................................... 18-4 E. Immediate........................................................................ 18-4 F. Imprisonment................................................................... 18-4 G. Jurisdiction ...................................................................... 18-4 H. Minor ............................................................................... 18-4 I. Reside(s) ......................................................................... 18-4 J. Sex Offense(s) ................................................................ 18-4 K. Sex Offender(s) ............................................................... 18-6 L. Sexual Act ....................................................................... 18-6 M. Sexual Contact ................................................................ 18-7 N. Student ............................................................................ 18-7 O. Sex Offender Registration and Notification Act (SORNA) ........................................................................................ 18-7 P. Sex Offender Registry ..................................................... 18-7 Q. National Sex Offender Registry (NSOR) ......................... 18-7 R. National Crime Information Center (NCIC). .................... 18-7 S. Dru Sjodin National Sex Offender Public Website (NSOPW) ........................................................................................ 18-7 T. Tribe and Territory Sex Offender Registry System (TTSORS) ........................................................................................ 18-7 U. Tiers ................................................................................ 18-8 V. Tier One (1) Sex Offender ............................................... 18-8 W. Tier Two (2) Sex Offender ............................................... 18-8 X. Tier Three (3) Sex Offender ............................................ 18-8 18-2-2 Covered Offenses ...................................................................... 18-8 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - i 3. Tiered Offenses ............................................................................................. 18-12 18-3-1 Tiered Offenses........................................................................ 18-12 A. Tier One (1) Offenses .................................................... 18-12 B. Tier Two (2) Offenses .................................................... 18-13 C. Tier Three (3) Offenses ................................................. 18-15 4. 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 5. 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - ii 18-5-7 Sex Offenders are Prohibited from Being Present at the Following Locations; Unless Exempted by a Court Order ........................ 18-31 6. 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 7. Immunity 18-7-1 18-7-2 8. 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 9. 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - iii 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 1 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 register with the county sheriff’s office in which they reside. 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 2 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 3 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; Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 4 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: a. an offense (unless committed by a parent or guardian) involving kidnapping; b. an offense (unless committed by a parent or guardian) involving imprisonment; c. solicitation to engage in sexual conduct; d. use in a sexual performance; e. solicitation to practice prostitution; f. video voyeurism as described in 18 U.S.C §1801; g. possession, production or distribution of child pornography; h. criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or i. 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 5 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: a. obtained under the laws of Canada, the United Kingdom, Australia, New Zealand; or b. 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 register on the Sex Offender Registry. This includes convictions of 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, Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 6 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 7 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); Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 8 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); Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 9 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 10 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: a. 18 U.S.C. §1591 (Sex trafficking by force, fraud or coercion); b. 18 U.S.C. §1801 (Video voyeurism of a minor); c. 18 U.S.C. §2241 (Aggravated sexual abuse); d. 18 U.S.C. §2242 (Sex Abuse); e. 18 U.S.C. §2244 (Abusive Sexual Contact); Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 11 f. 18 U.S.C. §2422(b) (Coercing a minor to engage in prostitution); or g. 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); Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 12 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); i. 18 U.S.C. §2423(c) (engaging in illicit conduct in foreign places); j. 18 U.S.C. §2423(d) (Illicit Sexual Conduct in Connection With Certain Organizations); k. 18 U.S.C. §2423(e) (Ancillary Offenses); l. 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 13 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); i. 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity); j. 18 U.S.C. §2422(b) (coercing a minor to engage in prostitution); Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 14 k. 18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct); l. 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 15 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 16 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 register with the Pueblo in accordance with this Title and shall implement 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 17 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 18 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 19 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 20 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 21 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: Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 22 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, Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 23 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 24 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 25 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 26 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 27 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 register or was required to register prior to the updated information being 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; Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 28 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 register due to their Residence, Employment, or school attendance 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 29 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: 1. A violation of this Title subject to penalties under Section 18-81; and 2. 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: Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 30 a. Voluntarily abandons their established residence for more than thirty (30) consecutive days; b. Establishes residence outside the Pueblo's jurisdiction; or 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. 4. 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: Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 31 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). Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 32 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. A. 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). B. Links. The Registry Website shall include links to Sex Offender safety and education resources. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 33 C. Instructions. The Registry Website shall include instruction 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 at any reported address 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. 18-6-2 F. 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. G. 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; Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 34 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 Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 35 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: Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 36 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 37 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: A. 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; B. 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; C. provides information to law enforcement regarding a Sex Offender which the person knows to be false; or, D. 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. Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 38 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”. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Pueblo of Acoma Laws 2003 (09-2025 Replacement) Page 18 - 39 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apueblo_acoma%3A97e3d79730b728a4. Public record. Not legal advice.