36
Appendix 4
Federal Tier Levels and Minimum Registration Periods
42 U.S.C. §
16911(2)-(4); 42 U.S.C. §
16915
§ 16911. Relevant definitions, including Arnie Zyla expansion of sex offender definition and
expanded inclusion of child predators.
In this subchapter the following definitions apply:
(2) Tier I sex offender
The term “tier I sex offender” means a sex offender other than a tier II or tier III sex
offender.
(3) Tier II sex offender
The term “tier II sex offender” means a sex offender other than a tier Ill 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);
(ii) coercion and enticement (as described in section 2422(b) of Title 18);
(iii) transportation with intent to engage in criminal sexual activity (as described
in section 2423(a)) of Title 18;
(iv) abusive sexual contact (as described in section 2244 of Title 18);
(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.
(4) 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); or
(ii) abusive sexual contact (as described in section 2244 of Title 18) 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.
37
Appendix 4: Federal Tier Levels and Minimum Registration Periods
§ 16915. Duration of registration requirement.
(a) Full registration period
A sex offender shall keep the registration current for the full registration period (excluding any
time the sex offender is in custody or civilly committed) unless the offender is allowed a
reduction under subsection (b) of this section. The full registration period is--
(1) 15 years, if the offender is a tier I sex offender;
(2) 25 years, if the offender is a tier II sex offender; and
(3) the life of the offender, if the offender is a tier III sex offender.
(b) Reduced period for clean record
(1) Clean record
The full registration period shall be reduced as described in paragraph (3) for a sex
offender who maintains a clean record for the period described in paragraph (2) by--
(A) not being convicted of any offense for which imprisonment for more than 1
year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of supervised release, probation, and
parole; and
(D) successfully completing of an appropriate sex offender treatment program
certified by a jurisdiction or by the Attorney General.
(2) Period
In the case of--
(A)
a tier I sex offender, the period during which the clean record shall be
maintained is 10 years; and
(B) a tier III sex offender adjudicated delinquent for the offense which required
registration in a sex registry under this subchapter, the period during which the
clean record shall be maintained is 25 years.
(3)
Reduction
In the case of--
(A) a tier I sex offender, the reduction is 5 years;
(B) a tier III sex offender adjudicated delinquent, the reduction is from life to that
period for which the clean record under paragraph (2) is maintained.
38
Appendix 5
Registration Programs —
Statute Index
North Carolina General
Statutes
Chapter 14, Article 27A
Part 1: Registration Programs Purpose and Definitions Generally.
§ 14-208.5 -- Purpose.
§ 14-208.6 -- Definitions.
§ 14-208.6A
-- Lifetime registration requirements for criminal offenders.
§ 14-208.6B
-- Registration requirements for juveniles transferred to and convicted in superior
court.
Part 2: Sex Offender and Public Protection Registration Program.
§ 14-208.7--Registration
.
§ 14-208.8
-- Prerelease notification.
§ 14-208.8A
--Notification requirement for
out-of-county employment if temporary residence
established.
§ 14-208.9
-- Change of address; change of academic status or educational employment status;
change of online identifier; change of name.
§ 14-208.9A --Verification of registration information.
§ 14-208.10
-- Registration information is public record; access to registration information.
§ 14-208.11
-- Failure to register; falsification
of verification notice; failure to return verification
form; order for arrest.
§ 14-208.1 lA
-- Duty to report noncompliance of a sex offender; penalty for failure to report in
certain circumstances.
§ 14-208.12A --Request for termination of registration requirement.
§ 14-208.13
-- File with Police Information Network.
§ 14-208.14 -- Statewide registry; Division of Criminal Statistics designated custodian of
statewide registry.
§ 14-208.15 --Certain statewide registry information is public record: access to statewide
registry.
§ 14-208.15A --Release of
online identifiers to entity; fee.
§ 14-208.16--Residential restrictions.
§ 14-208.17 -- Sexual predator prohibited from working or volunteering for child-involved
activities; limitations on residential use.
§ 14-208.18--Sex offender unlawfully on premises.
-- Community and public notification.
§ 14-208. 19A -- Commercial driver’s license restrictions.