A. “Absconder” means a convicted sex offender who fails to register and/or who runs away, leaves, flees or departs quickly and secretly and hides himself or herself with intent to avoid arrest or prosecution.

B. “Consent” means to voluntarily give permission, approval, or agreement.

C. Convicted. An adult sex offender is “convicted” for the purpose of this Act if the sex offender has been subjected to penal consequences based on the conviction, deferred sentencing, or suspended sentencing, however the conviction may be styled. This includes adults as well as juvenile offenders.

A “juvenile offender” is “convicted” for purposes of this Code if the juvenile offender is either: (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.

D. “Court” means the Osage Nation Court system, and/or Osage Nation Trial Court. All proceedings under this Act shall refer to the same.

E. “Digitized format” means information kept digitally on an electronic data base and does not mean hard copies or physical objects.

F. “Dru Sjodin National Sex Offender Public Website (NSOPW)” means the public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920.

G. “Employee” means “employee” as used in this Act and includes, but is not limited to, an individual who is self-employed, a contractor, part-time, vendor or works for any other entity, regardless of compensation. Volunteers of a Tribal agency or organization are included within the definition of employee for registration purposes.

H. Foreign Conviction. A foreign conviction is one obtained outside of the United States to include state convictions. A foreign conviction occurs when such offenders are convicted either: under the laws of Canada, the United Kingdom, Australia, and New Zealand; or in any foreign country where the U.S. State Department, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary generally (vigorously) enforced the right to a fair trial in that country during the year in which the conviction occurred.

I. “Immediate” and “immediately” mean within three business days.

J. 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 Act during their period of “house arrest.”

K. “Indian” means a person of any age who is a member of a federally recognized Indian Tribe, as defined by 25 U.S.C. § 405(b) et seq., and who resides or is found within the jurisdiction of the Osage Nation.

L. “Indian country” is defined, pursuant to 18 U.S.C. § 1151, (1) all land within the limits of any Indian Reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the Reservation; (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; or (3) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

M. “Jurisdiction” means and refers to the 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 Indian tribes that elect to function as registration jurisdictions under 42 U.S.C. § 16927.

N. “Minor” means an individual who has not attained the age of eighteen (18) years of age. The term shall include individuals who are in the custody of the Osage Nation Social Services Department until age twenty-one (21).

O. “Osage Nation” or “Nation” means the government of the Osage Nation or all Osage Nation Indians by blood whose names appear on the final rolls of the Osage Nation as approved pursuant to Section 2 of the Act of June 28, 1906 (34 Stat. 539), and their lineal descendants as stated in Section 2, Article III of the Constitution of the Osage Nation.

P. “Perpetrator” means a person accused of criminal sexual conduct.

Q. “Resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives.

R. “Sex offense” means those offenses contained in 42 U.S.C. § 16911(5) and those offenses enumerated in this Act or any other covered offense under Osage Nation or state law. An offense involving consensual sexual conduct is not a registerable offense under SORNA for the purposes of this Act if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least fourteen (14) years old and the offender was not more than four years older than the victim.

S. “Sex offender” means a person convicted of a sex offense.

T. “Sexual act” means: (1) contact between the penis and the vulva or the penis and the anus, and for purpose of this definition contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the 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, or 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, harass, degrade, or arouse or gratify the sexual desire of any person.

U. “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.

V. “Student” means an individual who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education. “Student” also includes interns, externs, and apprentices.

W. “SORNA” means the Sex Offender Registration and Notification Act (Title 1 of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248), (42 U.S.C. § 16911 et seq., as amended).

X. “Sex Offender Registry” means the Registry of sex offenders, and a notification program, maintained by Osage Nation Sex Offender Registry Office and TTSORS (Tribe and Territory Sex Offender Registry System).

Y. “NSOR” means National Sex Offender Registry, which is the national database maintained by the Federal Bureau of Investigation (FBI) pursuant to 42 U.S.C. § 16945.

Z. “SMART Office” means the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. § 16945.

AA. Tier 1 Sex Offender. A “Tier 1 sex offender,” or a “sex offender” designated as “Tier 1,” is one that has been convicted of a “Tier 1” sex offense defined in the Osage Nation Sex Offender Registration Policy and Procedures Manual and the Osage Nation Code.

BB. Tier 2 Sex Offender. A “Tier 2 sex offender,” or a “sex offender” designated as “Tier 2,” is one that has been either convicted of a “Tier 2” sex offense as defined on page 7 of the Osage Nation Sex Offender Registration Policy and Procedures Manual and the Osage Nation Code.

CC. Tier 3 Sex Offender. A “Tier 3 sex offender,” or a “sex offender” designated as “Tier 3,” is one that has been either convicted of a “Tier 3” sex offense as defined on page 8 of the Osage Nation Sex Offender Registration Policy and Procedures Manual and the Osage Nation Code. ONCA 11-43, eff. Apr. 5, 2011.