Sex Offender Registration

What does it mean to be a registered sex offender?

Being a registered sex offender means someone has been convicted of a sexual offense and is required to follow specific rules set by law. Here's a breakdown:

Registration:

• They must register their details with law enforcement. This requirement typically includes name, address, and physical description. This information is stored in a government database called a sex offender registry, which is accessible to the public in some areas.

Restrictions:

• They may face limitations on where they can live. These limitations often mean being unable to live close to schools, parks, or other places where children gather.
• They may be restricted from specific jobs, especially those involving contact with children.
• They may have to report regularly to law enforcement to update their information.

The purpose of sex offender registries is to help authorities track sex offenders and potentially prevent future crimes.

It's important to note that not all sex offenses are the same, and the severity of registration requirements can vary depending on the crime and the state.

Who is required to register as a sex offender under SORNA and the Department of Defense regulations because of a court-martial conviction?

Here's a breakdown of who is required to register under SORNA and DoD regulations due to a court-martial conviction:

SORNA:

• Sex Offense: The offense must be considered a "covered sex offense" under SORNA. You can find resources that define covered offenses https://smart.ojp.gov/sorna.
• State Law: Even if the offense falls under SORNA's definition, each state has its own laws regarding registration requirements.

Department of Defense (DoD):

• UCMJ Conviction: The conviction must be for a specific offense listed in DoD Instruction 1325.07. This instruction outlines which Uniform Code of Military Justice (UCMJ) convictions require SORNA registration https://smart.ojp.gov/sorna/military-convictions.

• Reporting: The Department of Defense is required to submit information on qualifying convictions to the National Sex Offender Registry https://smart.ojp.gov/sorna/military-convictions.

In summary:

Someone convicted by court-martial would need to register under SORNA and DoD regulations if:

• The offense qualifies as a "covered sex offense" under SORNA.
• The offense falls under the DoD's list of UCMJ convictions requiring registration (DoD Instruction 1325.07).

Important Notes:

• It's crucial to consult with legal counsel to determine specific registration requirements based on the individual's situation and state laws.
• The DoD has its own sex offender registry management program alongside SORNA compliance.

Resources:

• SORNA: https://smart.ojp.gov/
• Military Convictions under SORNA:
• https://smart.ojp.gov/sorna/military-convictions

The Philippine Bureau of Immigration (BI) barred an American sex offender from entering the country at the Clark International Airport (CIA) in Pampanga. GMA Integrated News, 22 July 2024.

One of the consequences of being a registered sex offender is that your passport will "marked," and that may prevent travel overseas. Some of the countries who ban entry of sex offenders include: 

• Australia,
• Canada,
• China,
• Jamaica,
• Japan,
• Korea,
• Mexico,
• Philippines,
• Russia,
• Thailand,
• United Kingdom.

When applying for or to renew a passport, a registered sex offender is required to disclose that status (and the Department of Homeland Security will check that anyway). The "Angel Watch Center" will keep track of you and assign a special identifier to your passport.

Tawakkol v. Texas Dept. of Public Safety, Sex Offender Registration Bureau, et al., No. 1:19-CV-513-LY (W.D. Texas, March 29, 2022), determined that a court-martial conviction for a violation of UCMJ art. 120c(a)(2) does NOT require sex offender registration under Texas law.

Interestingly, the judge decided that the President was without authority to designate that offense as one requiring registration under SORNA. Whether the case will be appealed or other courts will agree is a question to come.

A new decision of the Pennsylvania Supreme Court continues the small but continuing challenges to sex offender registration as a form of "punishment" and not just an administrative monitoring rule.

The Pennsylvania Supreme Court, in a divided opinion, has held the provisions of the state’s sex offender registration law (SORNA) unconstitutional under the state and federal constitutions. The majority in Commonwealth v. Muniz held that 1) SORNA’s registration provisions constitute punishment notwithstanding the General Assembly’s identification of the provisions as nonpunitive; 2) retroactive application of SORNA’s registration provisions violates the federal ex post facto clause; and 3) retroactive application of SORNA’s registration provisions also violates the ex post facto clause of the Pennsylvania Constitution. The Court distinguished the Alaska registration scheme upheld by the U.S. Supreme Court in Smith v. Doe, 538 U.S. 84 (2003), and cited a number of other recent state high court holdings invalidating similarly harsh registration regimes. The Court relied heavily for its analysis on an amicus brief filed jointly by the Defender Association of Philadelphia and the Pennsylvania Association of Criminal Defense Lawyers (PACDL). CCRC also filed an amicus brief in support of the plaintiffs, describing the counterproductive effects of such registration schemes. The concurring and dissenting opinions are posted here and here.

Brought to us by the Collateral Consequences Resource Center.

Military personnel on MSRP and sex offender registration lists can now challenge one of the limitations on their personal rights.

In Packingham v. North Carolina, the United States Supreme Court decided that prohibiting the use of Facebook or similar social media sites is unconstitutional--because such limits violate the First Amendment.