§ 5-311. Tier 1 offense.
A. 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 subsection (D) of this section that involves any sexual act or sexual contact with another person that is not included in 6 ONC § 5-312 or § 5-313.
B. 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 subsection (D) of this section that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.
C. Osage Nation Offenses. Any sex offense covered by this Act where punishment was limited to one year in jail shall be considered a “Tier 1” sex offense.
D. Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered “Tier 1” offenses:
2. 18 U.S.C. § 2252 (possession or receipt of child pornography materials involving the sexual exploitation of a minor);
3. 18 U.S.C. § 2252A (possession or receipt of child pornography materials containing child pornography);
4. 18 U.S.C. § 2252B (misleading domain names on the internet);
5. 18 U.S.C. § 2252C (misleading words or digital images on the internet);
6. 18 U.S.C. § 2422(a) (coercion to engage in prostitution);
7. 18 U.S.C. § 2423(b) (travel with the intent to engage in illicit conduct);
8. 18 U.S.C. § 2423(c) (engaging in illicit conduct in foreign places);
9. 18 U.S.C. § 2423(d) (arranging, inducing, procuring or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain);
10. 18 U.S.C. § 2424 (failure to file factual statement about an alien individual); and
11. 18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
E. Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Pub. L. 105-119 (codified at 10 U.S.C. § 920 et seq.) that is similar to those offenses outlined in subsection (A), (B), or (C) of this section shall be considered “Tier 1” offenses. ONCA 11-43, eff. Apr. 5, 2011; ONCA 12-34, eff. Apr. 5, 2012.