Definitions

In this Act: (1) Arson; assault with intent to commit rape; extortion; firearms use; kidnapping; serious violent felony; serious drug offense; State The terms arson, assault with intent to commit rape, extortion, firearms use, serious violent felony, serious drug offense and State have the meanings given those terms in section 3559(c)(2) of title 18, United States Code. (2) Assistance program The term assistance program means the Repeat Violent Felon Management Assistance Program established under section 12. (3) Employee The term employee includes an individual who is self-employed or works for any other entity, whether compensated or not. (4) Excepted offense The term excepted offense means— (A) robbery, an attempt, conspiracy, or solicitation to commit robbery, or a miscellaneous violent offense for which the defendant establishes by clear and convincing evidence that— (i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and (ii) the offense did not result in death or serious bodily injury (as defined in section 1365 of title 18, United States Code) to any person; and (B) arson for which the defendant establishes by clear and convincing evidence that— (i) the offense posed no threat to human life; and (ii) the defendant reasonably believed the offense posed no threat to human life. (5) Firearm The term firearm has the meaning given the term in section 5845 of the Internal Revenue Code of 1986. (6) Indian Tribe The term Indian Tribe means a federally recognized Indian Tribe. (7) Jurisdiction The term jurisdiction means— (A) a State; and (B) an Indian Tribe that elects to qualify as a jurisdiction for the purposes of this Act under section 13(a)(1). (8) Miscellaneous violent offense The term miscellaneous violent offense means an offense punishable by a maximum term of imprisonment of 5 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense. (9) National repeat violent felon registry The term National Repeat Violent Felon Registry means the registry maintained under section 8(a)(1). (10) National website The term national website means National Repeat Violent Felon Public Website established under section 8(b)(1). (11) Notification program The term notification program means the Repeat Violent Felon Community Notification Program established under section 9(a). (12) Qualifying offense The term qualifying offense — (A) means— (i) arson; (ii) murder; (iii) voluntary manslaughter; (iv) kidnapping; (v) aggravated assault; (vi) a forcible sexual offense; (vii) robbery; (viii) extortion; (ix) the unlawful use or unlawful possession of a firearm; (x) the use or unlawful possession of explosive material (as defined in section 841 of title 18, United States Code); (xi) assault with intent to commit rape; (xii) a serious violent felony; and (xiii) the use of a firearm, during and in relation to, or in furtherance of an offense described in clauses (i) through (xii); and (B) does not include an excepted offense. (13) Register The term register means the submission of a registration to a registry. (14) Registry The term registry means a jurisdiction-wide repeat violent felon registry maintained in accordance with section 4(b). (15) Resides The term resides means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives. (16) Repeat violent felon The term repeat violent felon means an individual who—has received a final conviction of— (A) not fewer than 2 qualifying offenses; or (B) not fewer than 1 qualifying offense and not fewer than 1 serious drug offense. (17) Student The term student means an individual who enrolls in or attends an educational institution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education.