8.4.4.010 Tier 1 Offenses

(a) Sex Offenses. A "Tier 1" offense includes any sex offense for which a person has been convicted that is not included in Sec. 62.2 (Tier 2) or Sec. 62.3 (Tier 3).

(b) Offense Involving Minors. A "Tier 1" offense also includes any offense for which a person has been convicted that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.

(c) Tribal Offenses. Any conviction in a Tribal Court, including the Pueblo de San Ildefonso Tribal Court, of a sex offense covered by this Code where punishment was limited to one (1) year in jail and the person is required to register as a "sex offender."

(d) Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered "Tier 1" offenses:

(1) Video voyeurism of a minor (18 U.S.C. §1801),

(2) Receipt or possession of child pornography (18 U.S.C. §2252),

(3) Receipt or possession of child pornography (18 U.S.C. §2252A),

(4) Misleading domain names on the internet (18 U.S.C. §2252B),

(5) Misleading words or digital images on the internet (18 U.S.C. §2252C),

(6) Coercion to engage in prostitution (18 U.S.C. §2422(a)),

(7) Travel with the intent to engage in illicit conduct (18 U.S.C. §2423(b)),

(8) Engaging in illicit conduct in foreign places (18 U.S.C. §2423(c)),

(9) Arranging, inducing, procuring or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain (18 U.S.C. §2423(d))

(10) Failure to file factual statement about an alien individual (18 U.S.C. §2424), and

(11) Transmitting information about a minor to further criminal sexual conduct (18 U.S.C. §2425).

(e) 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 note) that is similar to those offenses outlined in Sec. 62.1(1), (2), or (3) shall be considered "Tier 1" offenses.