V.I. Code tit. 14, § 1721 (2019)
2019 US Virgin Islands Code|Title 14 - Crimes|Chapter 86 - Sexual Offender Registration and Community Protection|§ 1721. Definitions

 For purposes of this chapter: (a) The term “minor” means a person under the age of 18. (b) The term “sex offense” as used in this code includes those offenses contained in 42 U.S.C. § 16911(5) and those offenses enumerated in Sections 1721A and 1721B of this chapter or any other covered offense under Virgin Islands law except as limited by subparagraphs 1 or 2: (1) An offense involving consensual sexual conduct is not a sex offense for the purposes of this chapter if the victim: (a) was an adult, unless the adult was under the custodial authority of the offender at the time of the offense; or (b) was at least thirteen (13) years old and the offender was not more than four (4) years older than the victim. (2) A foreign conviction is not a sex offense for the purposes of this chapter unless it was obtained either: (a) under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country or jurisdiction within the Caribbean, which includes but is not limited to: Jamaica, Haiti, Trinidad & Tobago, St. Lucia, Grenada, St. Vincent & the Grenadines, Antigua & Barbuda, St. Kitts, Nevis, Dominica, the Netherlands Antilles, Belize, the Bahamas, Cuba, Dominican Republic, Guyana and Barbados, or (b) under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country or jurisdiction within the Caribbean, which includes but is not limited to: Jamaica, Haiti, Trinidad & Tobago, St. Lucia, Grenada, St. Vincent & the Grenadines, Antigua & Barbuda, St. Kitts, Nevis, Dominica, the Netherlands Antilles, Belize, the Bahamas, Cuba, Dominican Republic, Guyana and Barbados, or (c) The term ”conviction” means: (1) An adult sex offender is “convicted” for the purposes of this chapter if the sex offender has been subjected to penal consequences based on a conviction of one of the sex offenses defined in this chapter however the conviction may be styled. (2) A juvenile offender is “convicted” for purposes of this chapter if the juvenile offender is either: (a) Prosecuted and found guilty as an adult for a sex offense: or (b) Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either subsection (a) or (b) of section 2241 of title 18, United States Code), or was an attempt or conspiracy to commit such an offense. (3) A foreign conviction is one obtained outside of the United States. (d) The term “foreign” means outside of the United States. (e) The term “employee” as used in this chapter includes, but is not limited to an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of a government agency or organization are included within the definition of employee for registration purposes. (f) “Immediate” and “immediately” mean within 3 business days. (g) The term “imprisonment” refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state “prison” as well as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal “jail”. Persons under “house arrest” following conviction of a covered sex offense are required to register pursuant to the provisions of this chapter during their period of “house arrest.” (h) The term “confined” refers to persons who are adjudicated “not guilty by reason of insanity” by a court of this territory and are therefore sentenced to a period of confinement in a mental health facility in the territory or, pursuant to the terms of a contractual agreement, in a facility in the United States. (i) The term “jurisdiction” as used in this chapter refers to the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe that elected to function as a SORNA registration and notification jurisdiction pursuant to PL 109-248 Section 127 (42 U.S.C. § 16927). (j) The terms “reside” and “resides” mean, with respect to an individual, the location of the individual's home or other place where the individual habitually lives or sleeps for more than 30 days per year. Moreover, all visitors and individuals who are required to register pursuant to this chapter and who will be present in the territory for less than 30 days in any given year, must contact the Department of Justice in order to notify the Department of his or her presence in the territory as well as all arrival and departure information. (k) The term “sex offender” means a person convicted of a sex offense. (l) The term “sexual act” means: (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching of the genitalia of another person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. (m) The term “sexual contact” means the intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass or degrade another person; or with the intent to arouse or gratify the sexual desires of any person. (n) The phrase “intimate parts” means the primary genital area, anus, groin, inner thigh, buttocks or breasts. (o) The term “student” means a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education. The term also includes a person who is an intern, extern or apprentice studying in the Territory. (p) The acronym “SORNA” means the Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. § 16911 et seq., as amended. (q) The term “sex offender registry” means the registry of sex offenders, and a notification program, maintained by the Virgin Islands Department of Justice. (r) The acronym “NSOR” means the national database maintained by the Federal Bureau of Investigation pursuant to 42 U.S.C., § 16919. (s) The “SMART Office” is The Office of sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. § 16945. (t) The acronym NSOPW means the Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920. (u) A “tier 1 sex offender”, or a “sex offender” designated as “tier 1”, is one who has been convicted of a “tier 1” sex offense as defined in Section 1721B(a). (v) A “tier 2 sex offender”, or a “sex offender” designated as “tier 2”, is one who has been either convicted of a “tier 2” sex offense as defined in Section 1721B(b), or who is subject to the recidivist provision of Section 1721B(b)(1). (w) A “tier 3 sex offender”, or a “sex offender” designated as “tier 3”, is one who has been either convicted of a “tier 3” sex offense as defined in Section 1721B(c), or who is subject to the recidivist provision of Section 1721B(c)(1).