§ 1362. Commonwealth Aquaculture Development Plan
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON § 1362. Classes of Offenders; Tiered Offenses. (a) Tier 1 Offenses. (1) Sex Offenses. A “Tier 1” offense includes any sex offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to § 1361, that involves an attempt or conspiracy to commit such an offense, that is not “Tier 2” or “Tier 3” offense and/or that involves any sexual act or sexual contact with another person that is not included in § 1361(b), (d), (e) or (f) and/or is not pun- ishable by more than one year imprisonment. (2) Offenses Involving Minors. A “Tier 1” offense also includes any offense for which a person has been convicted by a jurisdiction, local government, or qualifying foreign country pursuant to § 1361(f) which is similar to an offense listed in § 1362(a)(3) or (4) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography. (3) Certain Commonwealth Offenses. Conviction for any of the following Commonwealth offenses shall be considered “Tier 1” offenses: (i) 6 CMC § 1302(a)(1), (2), or (4) (sexual assault in the second degree), when the victim is 18 years of age or older; (ii) 6 CMC § 1303(a)(1) (sexual assault in the third de- gree), when the victim is 18 years of age or older; (iii) 6 CMC § 1315 (indecent exposure in the second de- gree); (iv) 6 CMC § 1316 (indecent exposure in the first de- gree); (v) An offense that involves possession/receipt of child; (vi) Possession of child pornography, and false impris- onment of a minor (non-parent). (4) Certain Federal Offenses. Conviction for any of the follow- ing federal offenses shall be considered a “Tier 1” offense: (i) 18 U.S.C. § 1801 (video voyeurism of a minor), (ii) 18 U.S.C. § 2252 (receipt or possession of child por- nography), (iii) 18 U.S.C. § 2252A (receipt or possession of child pornography), (iv) 18 U.S.C. § 2252B (misleading domain names on the internet), (v) 18 U.S.C. § 2252C (misleading words or digital im- ages on the internet), (vi) 18 U.S.C. § 2422(a) (coercion to engage in prostitu- tion), (vii) 18 U.S.C. § 2424 (failure to file factual statement about an alien individual), and (viii) 18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON (5) Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951) that is similar to those offenses outlined in § 1362(a)(1), (2) or (4) shall be considered “Tier 1” offenses. (b) Tier 2 Offenses. (1) Recidivism and Felonies. Any sex offense, which is not the first sex offense for which a person has been convicted, that is punishable by more than one year imprisonment is considered a “Tier 2” offense. In the case of subsequent convictions from any tribal court, the offense shall be treated as if it is punishable by more than one year imprisonment if a sub- stantially similar Commonwealth, state or federal offense is punishable by more than one year. (2) Offenses Involving Minors. A “Tier 2” offense includes any sex offense for which a person has been convicted by a jurisdiction, local gov- ernment, or qualifying foreign country pursuant to § 1361 that involves: (i) The use of minors in prostitution, including solicitations, (ii) Enticing a minor to engage in criminal sexual activity, (iii) Sexual contact with a minor 13 years of age or older, wheth- er direct or through the clothing, that involves the intimate parts of the body, (iv) The use of a minor in a sexual performance, or (v) The production for distribution of child pornography. (3) Certain Commonwealth Offenses. Conviction for any of the fol- lowing Commonwealth offenses shall be considered “Tier 2” offenses: (i) 6 CMC § 1302(a)(1), (2) or (4) (sexual assault in the second degree),where the victim is 13-18 years of age; (ii) 6 CMC § 1303(a)( 1) (sexual assault in the third degree), where the victim is 13-18 years of age; (iii) 6 CMC § 1306(a)(2) (sexual abuse of a minor in the first de- gree), where the victim is 16 or 17 years of age; (iv) 6 CMC § 1307(a)(3) or (5) (sexual abuse of a minor in the second degree) where the victim is 13-18 years of age; (v) 6 CMC § 1307(a)(4) (sexual abuse of a minor in the second degree); (vi) 6 CMC § 1308 (sexual abuse of a minor in the third degree); (vii) 6 CMC § 1309(a)(2) (sexual abuse of a minor in the fourth degree); (viii) 6 CMC § 131l (incest), where the victim is 16 or 17 years of age; (ix) 6 CMC § 1314 (unlawful exploitation of a minor); (x) Possession of child pornography and false imprisonment of a minor (non-parental). (4) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered “Tier 2” offenses:
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON (i) 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coer- cion), (ii) 18 U.S.C. § 2243 (sexual abuse of a minor or ward), (iii) 18 U.S.C. § 2244 (abusive sexual contact with a person 13 years of age or older), (iv) 18 U.S.C. § 2251 (sexual exploitation of children), (v) 18 U.S.C. § 2251A (selling or buying of children), (vi) 18 U.S.C. § 2252 (material involving the sexual exploitation of a minor), (vii) 18 U.S.C. § 2252A (production or distribution of material containing child pornography), (viii) 18 U.S.C. § 2260 (production of sexually explicit de- pictions of a minor for import into the United States), (ix) 18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity), (x) 18 U.S.C. § 2422(b)(coercing a minor to engage in pros- titution), (xi) 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct), (xii) 18 U.S.C. § 2423(b) (travel with the intent to engage in illicit conduct), (xiii) 18 U.S.C. § 2423(c) (engaging in illicit conduct in for- eign places). (5) Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951) that is similar to those offenses outlined in §1362(b)(1), (2) or (4) shall be considered “Tier 2” offenses. (c) Tier 3 Offenses. (1) Recidivism and Felonies. Any sex offense that is punishable by more than one year imprisonment where the offender has at least one prior convic- tion for a Tier 2 sex offense is a “Tier 3” offense. In the case of subsequent convictions from any tribal court, the offense shall be treated as if it is pun- ishable by more than one year imprisonment if a substantially similar Com- monwealth, state or federal offense is punishable by more than one year. (2) General Offenses. A “Tier 3” offense also includes any sex offense for which a person has been convicted by a jurisdiction, local government, or qualifying foreign country pursuant to § 1361(f) that involves: (i) Non-parental kidnapping of a minor, (ii) A sexual act with another by force or threat, (iii) A sexual act with another who has been rendered uncon- scious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON (iv) Sexual contact with a minor 12 years of age or younger, in- cluding offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing. (3) Certain Commonwealth Offenses. Conviction for any of the follow- ing Commonwealth offenses shall be considered “Tier 3” offenses: (i) 6 CMC § 1301 (sexual assault in the first degree); (ii) 6 CMC § 1302(a)(1), (2), or (4) (sexual assault in the second degree), where the victim is under 13 years of age; (iii) 6 CMC § 1302(a)(3) (sexual assault in the second degree); (iv) 6 CMC § 1303(a)(1) (sexual assault in the third degree) where the victim is under 13 years of age; (v) 6 CMC § 1306(a)(1) or (3) (sexual abuse of a minor in the first degree); (vi) 6 CMC § 1306(a)(2) (sexual abuse of a minor in the first de- gree) where the victim is under 16 years of age; (vii) 6 CMC § 1307(a)(l) or (2) (sexual abuse of a minor in the second degree); (viii) 6 CMC § 1307(a)(3) or (5) (sexual abuse of a minor in the second degree) where the victim is under 13 years of age; (ix) 6 CMC § 1309(a)(1) (sexual abuse of a minor in the fourth degree); (x) 6 CMC § 1311 (incest), where the victim is under 16 years of age. (4) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered “Tier 3” offenses: (i) 18 U.S.C. § 2241 (aggravated sexual abuse), (ii) 18 U.S.C. § 2242 (sexual abuse), or (iii) Where the victim is 12 years of age or younger, 18 U.S.C. § 2244 (abusive sexual contact). (5) Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (codi- fied at 10 U.S.C. § 951) that is similar to those offenses outlined in § 1362(a)(1), (2) or (3) shall be considered “Tier 3” offenses. Source: PL 11-104, § 1 (Section 3 of reenacted PL 11-35) repealed and reenacted PL 11-35; repealed and reenacted by PL 17-49 § 2(1362) (July 29, 2011), modified. Commission Comment: The Commission changed capitalization through- out this section for conformity pursuant to 1 CMC § 3806(f) and italicized titles of numbered subsections for emphasis. The Commission corrected punctuation throughout the lists in this section pursuant to its authority in 1 CMC § 3806(g). Where appropriate, the Commission added semi-colons, changed pe- riods to semi-colons and inserted periods at the end of lists. The Commission inserted “by” before “more than one year imprisonment” to correct a manifest error in subsection (a)(1).
Source: CNMI Law Revision Commission