Referring back to the Constitution, there is no such legalistic distinction. You're presuming that these categories exist to the exclusion of any other.
That is the law that is used as the precedent standard courts will look at. We may not like it, but Calder v. Bull has been used as the standard for defining what qualifies or doesn’t Constitutionally under Ex Post Facto for hundreds, if not thousands of rulings.
Quick side note, have y’all seen this video of Homeless Activist Ted Hayes on Obama?
http://www.popmodal.com/video/99/Ted-Hayes-Statement-on-Barack-Obama
Pretty powerful.