At the Special Session of Council of the Seneca Nation of Indians Held on September 29, 2026, at the Seneca Allegany Administration Building on the Allegany Territory
- President – J. Conrad Seneca
- Treasurer – Al E. George
- Clerk – Lenith K. Waterman
MOTION: by Tina Abrams, seconded by Odie Porter, that the Seneca Nation Council approves the following resolution, as presented:
WHEREAS, Council finds that crimes of a sexual nature have profound, lifelong, and life altering impacts on the victims, the families of the victims, and the surrounding community; and
WHEREAS, sexual offenses destroy our people and our communities and the general public, especially our children and elders, must be protected from the perpetrators of such heinous and despicable crimes; and
WHEREAS, Level 3 sex offenders are determined to have a high risk of repeat offense and pose a threat to public safety; and
WHEREAS, the risk that Level 3 sex offenders pose to the Seneca Nation and the Seneca People is unacceptable and Council is compelled to take action; and
NOW, THEREFORE, BE IT RESOLVED, that the Seneca Nation hereby prohibits all Level 3 registered sex offenders from entering or being present on any Seneca Nation Territory, except as follows:
- An enrolled member of the Seneca Nation that is a Level 3 registered sex offender may lawfully be present on or at a Seneca Nation Health Center to receive federally funded health care services only if said member provides a written request to the Marshals’ Department and the President’s Office at least 24-hours in advance of their anticipated presence on or at a Seneca Nation Health Center and receives written approval of such written request; and
- The Marshals shall escort any Level 3 registered sex offender at all times while present at a Seneca Nation Health Center; and
BE IT FURTHER RESOLVED, that should any person who is a Level 3 registered sex offender be present on Seneca Nation Territory, without prior authorization, such person shall be considered to be a threat to public safety and the Seneca Nation Marshals shall immediately remove them from the Territory, and continue to remove them should they return, and thereafter immediately contact law enforcement for the purpose of coordinating the arrest and prosecution of the individual for trespassing and any such other penalties provided by law; and
BE IT FURTHER RESOLVED, that any enrolled person who is a Level 3 registered sex offender that violates this resolution shall be subject to forfeiture of all annuity payments, elder benefits, disability benefits, and any other direct health and welfare payments (“Direct Benefits”) for a duration to be determined by the Peacemakers Court but in any event no less than one (1) year and no more than five (5) years; and
BE IT FURTHER RESOLVED, that if a Level 3 registered sex offender is found by the Peacemakers’ Court to have violated this resolution, the Peacemakers Court shall impose a fine of no less than $500.00 but no more than $5,000.00, per violation; and
BE IT FURTHER RESOLVED, that any non-member Level 3 registered sex offender that enters Seneca Nation Territory is hereby declared an Intruder for the purposes of requesting the assistance of an appropriate county district attorney to remove that person under New York State law including N.Y. Indian Law § 8, or any other applicable law; and
BE IT FURTHER RESOLVED, the Council may provide by law the definition of a Level 3 sex offender, which shall apply to this resolution, but until such time, Level 3 sex offenders shall include any person listed as a Level 3 sex offender on any state or federal sex offender registry; and
BE IT FURTHER RESOLVED, that any person who is determined to have knowingly harbored or assisted a Level 3 sex offender to remain on or return to Seneca Nation Territory in violation of this resolution may be charged in the Seneca Nation Peacemakers’ Court with aiding and abetting in violation of this resolution, with potential penalties including the forfeiture of any Nation Annuity or other Direct Benefit payments; and
BE IT FURTHER RESOLVED, that any person found by the Peacemakers’ Court to have aided and abetted a Level 3 sex offender to remain on or return to Seneca Nation Territory shall be fined in an amount of no less than $500.00 but no more than $5,000.00 per violation; and
BE IT FURTHER RESOLVED, that any person holding an interest in the lease of Seneca Nation lands who is determined to have knowingly harbored or assisted a Level 3 sex offender to remain on or return to such leased premises in violation of this resolution may be charged with a breach of their lease, with potential penalties including lease termination.
ALL IN FAVOR – MOTION CARRIED
