The New Mexico Court of Appeals ruled that Indians living in Indian Country, not employed or in school outside of Indian Country who were convicted of sex offenses in a court other than a New Mexico court, are not required to register on the New Mexico sex offender list as required by New Mexico law.
The specific question presented then is whether the two statutes [42 U.S.C. § 14071 (1998), as amended by “Megan’s Law” ]can be deemed an express statement by Congress that state sex offender registration laws shall apply in Indian country. We hold that they cannot. The language of the statutes betrays no indication that Congress intended the term “resident” by itself to override historically recognized and accepted limits on the reach of state criminal and regulatory law in Indian country. The type of language specifically referring to Indians and Indian
tribes which would support a conclusion that Congress intended to override tribal sovereignty is simply missing.
Turtle Talk 