SANTA FE, NM — The New Mexico Court of Appeals has ruled convicted sex offenders who are Native Americans and live on tribal lands are not required to register with the state.The ruling adds to a list of things local and even federal governments are not allowed to impose upon residents of Indian reservations, which are sovereign territory although their residents have all the rights and privileges afforded to any other American citizen.
The unanimous ruling was rendered last week in the case of three Navajo men who were convicted under federal laws that prohibit sex with minors. None of the men lives or works outside the reservation in San Juan County, New Mexico. All three men were arrested while off the reservation, however, and charged with failure to register with the state’s sex-offender program.
The failure-to-register offenses occurred before 2006, when the Navajo Nation began requiring convicted sex offenders who live, work or attend school within reservation boundaries to register with tribal police.
Under New Mexico law, convicted sex offenders who live, work or attend school anywhere in the state must register with the appropriate county sheriff.
