(a) “Aggravated sex offense” means an offense substantially equivalent to aggravated sexual abuse as defined in 18 U.S.C. § 2241, as it existed on March 1, 2003, which principally encompasses:

1. (1) The following:

   1. (A) Engaging or attempting to engage in sexual acts involving penetration with victims of any age through the:

(i) Use of force; or

1. (ii) Threat of serious violence;

   1. (B) Causing or attempting to cause another person to engage in a sexual act either by:

      1. (i) Using or threatening force against that other person; or
      2. (ii) Placing that other person in fear that any person will be subjected to:

(b) (b) Serious bodily injury; or

1. (c) (c) Kidnapping;

   1. (C) Engaging in sexual acts involving the penetration of victims below the age of twelve (12) by:

      1. (i) Knowingly rendering another person unconscious; and
      2. (ii) Then engaging in a sexual act with that other person; or
   2. (D) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct and engaging or attempting to engage in a sexual act with that other person;
2. (2) Crossing a state line with intent to engage or attempt to engage in a sexual act with a person who has not attained the age of twelve (12) years; or

3. (3) Knowingly engaging or attempting to engage in a sexual act:

   1. (A) With another person who has not attained the age of twelve (12) years; or

   2. (B) Under the circumstances in subdivisions (a)(1) and (2) of this section above with another person who:

      1. (i) Has attained the age of twelve (12) years but has not attained the age of sixteen (16) years; and
      2. (ii) Is at least four (4) years younger than the alleged offender.

(b)

1. (1) Determination as to whether an offense qualifies as an aggravated sex offense may depend on the circumstances surrounding the offense.

2. (2) The court must indicate on the judgment and commitment or judgment and disposition form whether or not the offense is an aggravated sex offense.

   1. (c) Should there be any confusion regarding whether a sex offense qualifies as an aggravated sex offense, the court will be contacted during the course of the assessment.

      1. (d) Individuals convicted of an aggravated sexual offense or aggravated sexual offenses are required to register for life.