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A. Recidivism and Felonies. Unless otherwise covered in this section, 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 in jail is considered a “Tier 2” offense.

B. Offenses Involving Minors. A “Tier 2” offense includes any sex offense for which a person has been convicted by a jurisdiction, local government, or qualifying foreign country pursuant to subsection (C) of this section that involves:

1. The use of minors in prostitution, including solicitations;

2. Enticing a minor to engage in criminal sexual activity;

3. Sexual contact with a minor thirteen (13) years of age or older, whether direct or through the clothing, that involves the intimate parts of the body;

4. The use of a minor in a sexual performance; or

5. The production or distribution of child pornography.

C. Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered “Tier 2” offenses:

1. 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

2. Deleted by ONCA 12-34, eff. April 5, 2012;

3. 18 U.S.C. § 2244 (abusive sexual contact);

4. 18 U.S.C. § 2251 (sexual exploitation of children);

5. 18 U.S.C. § 2251A (selling or buying of children);

6. 18 U.S.C. § 2252 (production or distribution of child pornography materials involving the sexual exploitation of a minor);

7. 18 U.S.C. § 2252A (production or distribution of child pornography materials containing child pornography);

8. 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States);

9. 18 U.S.C. § 2421 (transporting of a minor for illegal sexual activity);

10. 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution);

11. 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct);

12. 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).

D. 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 a “Tier 2” offenses.

E. Osage Nation Offenses. A Tier 2 offense includes any Osage Nation offense listed under the Osage Nation Code which expressly states that it is a Tier 2 Offense, regardless of the term of punishment. ONCA 11-43, eff. Apr. 5, 2011; ONCA 12-34, eff. Apr. 5, 2012.