5. The use of a minor in a sexual performance, or
6. The production or distribution of child pornography.
C.
Certain Federal Offenses. Conviction for any of the following federal offenses or an attempt or
conspiracy to commit such an offense shall be considered a conviction for a “Tier II” offense:
1. 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion).
2. 18 U.S.C. § 2423 (d) (arranging, inducing, procuring or facilitating the travel in interstate
commerce of a minor for the purpose of engaging in illicit conduct for financial gain).
3. 18 U.S.C. § 2244 (abusive sexual contact, where the victim is 13 years of age or older).
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 (material involving the sexual exploitation of a minor).
7. 18 U.S.C. §2252A (production or distribution of material 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 (transportation 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).
D.
Certain Military Offenses. Any military offense specified by the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those
offenses outlined in Section 3.02(A), (B), or (C) shall be considered a “Tier II” offense.
SECTION 3.03 TIER III OFFENSES
A.
Recidivism and Felonies. Any sex offense or an attempt or conspiracy to commit such an offense for
which the offender has been convicted that is punishable by more than one year in jail where the
offender has at least one prior conviction for a Tier II sex offense, or has previously become a Tier
II sex offender, is a “Tier III” offense.
B.
General Offenses. A “Tier III” offense includes any sex offense, for which a person has been
convicted, or an attempt or conspiracy to commit such an offense that involves:
1. Non-parental 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 12 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.
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Revised Spokane Law & Order Code, 5/14/2013