§ 5-313. Tier 3 offenses.
A. Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a Tier 2 sex offense is a “Tier 3” offense.
B. General Offenses. A “Tier 3” 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. Nonparental kidnapping of a minor;
2. A sexual act with another by force or threat;
3. A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate; or
4. Sexual contact with a minor thirteen (13) years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.
C. Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered “Tier 3” offenses:
4. Where the victim is thirteen (13) years of age or younger, 18 U.S.C. § 2244 (abusive sexual contact).
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 “Tier 3” offenses.
E. Osage Nation Offenses. A Tier 3 offense includes any Osage Nation offense listed under the Osage Nation Code which expressly states that it is a Tier 3 offense, regardless of the term of punishment. ONCA 11-43, eff. Apr. 5, 2011; ONCA 12-34, eff. Apr. 5, 2012.