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Sex Offender Tiers

Tier I Sex Offender

The term 'tier I sex offender' means a sex offender other than a tier II or tier III sex offender.

Tier II Sex Offender

The term 'tier II sex offender' means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and;

  • (A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor:
    • (i) sex trafficking (as described in section 1591 of title 18, United States Code)
    • (ii) coercion and enticement (as described in section 2422(b) of title 18, United States Code)
    • (iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) of title 18, United States Code
    • (iv) abusive sexual contact (as described in section 2244 of title 18, United States Code);
  • (B) involves
    • (i) use of a minor in a sexual performance
    • (ii) solicitation of a minor to practice prostitution; or
    • (iii) production or distribution of child pornography; or
    • (C) occurs after the offender becomes a tier I sex offender.

Tier III Sex Offender

The term 'tier III sex offender' means a sex offender whose offense is punishable by imprisonment for more than 1 year and;

  • (A) is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense:
    • (i) aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18, United States Code); or
    • (ii) abusive sexual contact (as described in section 2244 of title 18, United States Code) against a minor who has not attained the age of 13 years;
    • (B) involves kidnapping of a minor (unless committed by a parent or guardian); or
    • (C) occurs after the offender becomes a tier II sex offender.