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Please improve this article or discuss the issue on the talk page. | Sex offender registration is a system in place in a number of jurisdictions designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions (especially in the United States), information in the registry is made available to the general public via a website or other means. In many jurisdictions registered sex offenders are subject to additional restrictions, including housing. Those on parole or probation may be subject to restrictions that don't apply to other parolees or probationers. Image File history File links Merge-arrow. ...
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Past, Present, Future
In 1947, California became the first state in the United States to have a sex offender registration program.[1] Community notification of the release of sex offenders from incarceration did not occur until almost 50 years later. In 1994, a federal statute called the Jacob Wetterling Act required all states to pass legislation requiring sex offenders to register with state sex offender registries. Then again in 1996, based on a set of New Jersey Laws called "Megan's Laws," the federal government required states to pass legislation mandating public notification of personal information for certain sex offenders. The Adam Walsh Child Protection and Safety Act became law in 2007. This law implements new uniform requirements for sex offender registration across the states. Highlights of the law are a new national sex offender registry, standardized registration requirements for the states, and new and enhanced criminal offenses related to sex offenders. Since its enactment, the Adam Walsh Act (AWA) has come under intense grassroots scrutiny for its far-reaching scope and breadth. Even before any state adopted AWA, several sex offenders were prosecuted under its regulations. This has resulted in one life sentence for failure to register, due to the offender being homeless and unable to register a physical address.[2] Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area Ranked 3rd - Total 158,302 sq mi (410,000 km²) - Width 250 miles (400 km) - Length 770 miles (1,240 km) - % water 4. ...
This article is about the criminal term. ...
The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. ...
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Wetterling Act) is a United States law that requires states to implement a sex offender and crimes against children registry. ...
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The Adam Walsh Child Protection and Safety Act (Pub. ...
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In the United States, all 50 states have passed laws requiring sex offenders, especially child sex offenders, to register with police. They report where they live when they leave prison or are convicted of a crime. It has been suggested that Sex offender registry be merged into this article or section. ...
Child sexual abuse is an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification. ...
In 2006, California voters passed Proposition 83, which will enforce "lifetime monitoring of convicted sexual predators and the creation of predator free zones."[2][3] This proposition was challenged the next day in federal court on grounds relating to ex post facto. The U.S. District Court for the Central District of California, Sacramento, found that Proposition 83 did not apply retroactively. Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area Ranked 3rd - Total 158,302 sq mi (410,000 km²) - Width 250 miles (400 km) - Length 770 miles (1,240 km) - % water 4. ...
Sacramento is a Spanish- and Portuguese-language word meaning sacrament; it is a common toponym in parts of the world where those tongues were or are spoken. ...
CANADA
Canada's National Sex Offender Registry (NSOR) came into force on December 15, 2004, with the passing of the Sex Offender Information Registration Act (SOIRA)[4] Since then, any offender who is convicted of a designated sexual offence may be ordered, at the time of sentencing or as soon as possible thereafter, by the court to register with the registration site that serves the area of their main residence. A person so ordered must register within 15 days, or if they are incarcerated for their crime, within 15 days from their release date. The information that is collected from the offender is confidential, and is not available to the public.
The main purpose of Canada's NSOR is to assist a police officer who is investigating a crime of a sexual nature. NSOR analysts can provide the most current information available about a suspect who is already a registered sex offender, or can search the NSOR database for possible suspects in sexual offence cases where the offender is unknown.
The NSOR database also contains details concerning many sex offenders who were convicted and sentenced prior to December 15, 2004, referred to as "retrospective" offenders, the criteria being that they must have still been serving an active portion of their sentence on the date that the SOIRAct came into force (eg. still incarcerated, on probation, or on parole). These retrospective offenders were tracked down by various law enforcement authorities, and were served with a Notice that they were required to register for the NSOR after a one-year grace period. The last day of that grace period was December 15, 2005.
Anyone required to register with Canada's National Sex Offender Registry is required to comply with the following obligations:
1) to register with their registration site once a year. (The registration site is usually the police agency that serves the area where the offender's main residence is located, although this description varies somewhat by province or territory);
2) to advise their registration site, within 15 days, of any change of name;
3) to advise their registration site, within 15 days, of any change of address;
4) to advise their registration site, within 15 days, of any absence from their main address that will be for at least 15 consecutive days. They must advise of their date of departure, their actual or estimated date of return, and of the address(es) where they will be while absent. In addition, the offender is required to advise the registration site, within 15 days of their return to their residence, of their actual date of return.
An Order or Notice requires an offender to comply with the SOIRAct for a term of either 10 years, 20 years, or Life. The term is determined by the maximum possible penalty the offender could have received for the offence for which he/she was sentenced. Also, if the offender has a previous conviction for any sexual offence (it does not have to be the same sexual offence for which they're now being sentenced), or if they're already under a previously-issued Order or Notice, the minimum term that will apply, is Life.
Application to offenses other than felony sexual offenses Sex offender registration has been applied to crimes other than rape, child molestation, and child pornography offenses. Sexual abuse is physical or psychological abuse that involves crimes in most countries. ...
Child pornography refers to pornographic material depicting children. ...
Teenagers have been forced to register after being convicted of having consensual sex with other teens.[5] In some jurisdictions, repeat misdemeanor convictions for public urination or public lewdness can trigger registration.[citation needed] Occasionally, people on probation for non-sexual offenses are required to register if the probation authority believes them to be at risk for committing a sexual offense.[citation needed]
In California, some types of drug offenders must comply with registration closely resembling that of sex offenders, although drug offender registration is not life long. Examples of drug convictions requiring registration are heroin possession and marijuana sales to minors on school grounds. This type of registration expires five years after the felon completes his or her probation or parole period, if that person has remained arrest-free. For other meanings, see Drug (disambiguation). ...
For other senses of this word, see crime (disambiguation). ...
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A Cannabis sativa plant The drug cannabis, also called marijuana, is produced from parts of the cannabis plant, primarily the cured flowers and gathered trichomes of the female plant. ...
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A felony, in many common law legal systems, is the term for a very serious crime; misdemeanors are considered to be less serious. ...
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Public Notice In some localities, the lists of sex offenders are made available to the public: for example, through the newspapers, community notification, or the Internet. However, in other localities, the complete lists are not available to the general public but are known to the police. In the United States offenders are often classified in three categories: Level I offenders, who are at low risk to reoffend; Level II offenders, who are at moderate risk to reoffend; and Level III offenders, who are at high risk to reoffend. Information is usually accessible related to that risk (information being more accessible to the public for higher risk offenders). There are penalties for failure to register as required.
Additional restrictions beyond public notice Sex offenders on parole or probation are generally subject the same restrictions as other parolees and probationers. In addition, they are frequently not allowed to be in contact with juveniles without supervision.[citation needed]
Sex offenders who have completed probation or parole may also be subject to restrictions above and beyond those of most felons. In some jurisdictions they cannot live within a certain distance of places children or families gather. Such places are usually schools, churches, and parks. It could also include public venues (stadiums), apartments, malls, stores, shopping centers, and certain neighboorhoods.
In most places sex offenders are subjected to an exit ban[citation needed], meaning that they can't travel or leave a certain place at a certain time; most often the offender cannot leave his hometown without permission from a probation officer. They may also be subjected to the TSA's No fly list.[citation needed] The exact provisions vary with each locality. Probation Officers badge from the First Judicial District of Pennsylvania Probation officers and parole officers function as agents or officers of the courts. ...
TSA emblem The Transportation Security Administration (TSA) is a U.S. government agency that was created as part of the Aviation and Transportation Security Act passed by the U.S. Congress and signed into law by President George W. Bush on November 19, 2001. ...
The No Fly List contains the names of individuals who are not permitted to board a commercial aircraft for travel in the United States. ...
Some states have Civil Commitment laws, which allow very-high-risk sex offenders to be returned to prison or forced to live under very heavy supervision after the end of their normal sentences. See also: Child Sex Offender penalties. The term child sexual abuse (CSA) denotes sex between prepubescent minors and adults. ...
Effectiveness and Consequences Although female sex offenders are often sensationalized in the news media, the vast majority of sex offenders registered are male. The vast majority of offenders also victimize individuals who are known, related, or intimate to the victim, contrary to media depictions of stranger assaults or child molesters who kidnap children unknown to them.
Dr. Henry Rogan of the University of Santa Barbara has this to say about convicted sex offenders: "[The ‘predator-free’ zone] doesn’t solve anything." He remarked in a recent interview, “It’s just punishment. Sex offenders don’t pick up people they don’t know -— that’s what kidnappers are for.”[citation needed]
Sex offender registries are designed to protect and alert the public about the dangers of sex offenders; however, in at least two instances, convicted sex offenders were murdered after their information was made available over the internet.[6]
Registration and homelessness Persons who are registered in offender databases are usually required to notify the government when they move their residence. This notification requirement is problematic in cases where the registered offender is homeless. The State of Washington is among those that have special provisions in their registration code covering homeless offenders, but this forethought has not been shown by all states in the United States. A November 2006 Maryland Court of Appeals ruling exempts homeless persons from that state's registration requirements, which has prompted a drive to compose new laws covering this contingency.[7] In Miami, Florida in 2007, some registered sex offenders are being required to live outside under a bridge because city ordinances made it virtually impossible for them to find housing.[8] For the capital city of the United States, see Washington, D.C.. For other uses, see Washington (disambiguation). ...
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Vigilante Justice
Legal Challenges
United States The Supreme Court of the United States has upheld sex offender registration laws twice, in two respects. Two challenges under state laws have succeeded, however, in Hawaii and Missouri.
Supreme Court of the United States In Smith v. Doe, 538 U.S. 84 (2003), the Supreme Court of the United States upheld Alaska's sex-offender registration statute as not violating the Constitution's prohibition on ex post facto laws, reasoning that sex offender registrations are civil laws, not punishments. Justices Stevens, Ginsburg, and Breyer dissented. Smith v. ...
Official language(s) English[1] Spoken language(s) English 85. ...
An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ...
John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ...
Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ...
Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ...
In Connecticut Dept. of Public Safety v. Doe, 538 U.S. 1 (2003)[9], the Supreme Court ruled that Connecticut's sex-offender registration statute did not violate the procedural due process of those to whom it applied. Still, the Supreme Court declared that it "expresses no opinion as to whether the State’s law violates substantive due process principles." Official language(s) English Capital Hartford Largest city Bridgeport Largest metro area Hartford Area Ranked 48th - Total 5,543[2] sq mi (14,356 km²) - Width 70 miles (113 km) - Length 110 miles (177 km) - % water 12. ...
Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ...
In US v. Grant, No. 06-3649, Denial of a motion to suppress evidence in a prosecution for possessing child pornography and criminal forfeiture is affirmed where: 1) an affidavit supplied in support of a search warrant application was sufficient to establish probable cause that defendant's computer contained child pornography; and 2) even if the affidavit was insufficient, the Leon good-faith exception applied under the circumstances. [10]
In U.S. v. Madera, 2007 U.S. Dist. LEXIS 3029 (M.D. Fla. January 16, 2007) [11], Defendant, a New York state convicted misdemeanor sex offender, upon moving to Florida failed to register with the Florida sex offender registry as required by the Sex Offender Registration and Notification Act ("SORNA"), a provision of the Adam Walsh Child Protection and Safety Act of 2006. Defendant was arrested and prosecuted pursuant to 18 USC 2250. The Florida Court held as follows:
- SORNA does not violate the non-delegation doctrine of Article I, § 1 of the U.S. Constitution;
- SORNA does not violate the Ex Post Facto clause, per the logic in Smith v. Doe, 538 U.S. 84 (2003), which addressed the Alaska Sex Offender Registry requirements;
- SORNA does not violate procedural due process under the Fifth Amendment per Conn. Dept. of Pub. Safety v. Doe, 538 U.S. 1 (2003);
- SORNA does not violate substantive due process per decisions in various circuits, Doe v. Moore, 410 F.3d 1337 (11th Cir. 2005), Doe v. Tandeske, 361 F.3d 594 (9th Cir. 2004), and Gunderson v. Hyass, 339 F.3d 639 (8th Cir. 2003);
- SORNA does not violate the Commerce Clause, per Gonzales v. Raich, 545 U.S. 1 (2005).
Defendant filed a motion to dismiss on multiple grounds. The District Court denied defendant’s motion and held the Adam Walsh Child Protection and Safety Act of 2006 is constitutional as written and is retroactive.
Hawaii In State v. Bani, 36 P.3d 1255 (Haw. 2001), the Hawaii State Supreme Court held that Hawaii's sex offender registration statute violated the due process clause of the Hawaii State Constitution, ruling that it deprived potential registrants of "of a protected liberty interest without due process of law." The Court reasoned that the sex offender law authorized "public notification of (the potential registrant's) status as a convicted sex offender without notice, an opportunity to be heard, or any preliminary determination of whether and to what extent (he) actually represents a danger to society." Official language(s) English, Hawaiian Capital Honolulu Largest city Honolulu Area Ranked 43rd - Total 10,931 sq mi (29,311 km²) - Width n/a miles (n/a km) - Length 1,522 miles (2,450 km) - % water 41. ...
Aliiolani Hale in downtown Honolulu is the home of the Hawaii State Supreme Court. ...
The Constitution of Hawaii refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. ...
Accordingly, in order to enforce the sex offender registration law, all potential registrants would have to have hearings to determine their individual "dangerousness." Thus, because of the expense involved in doing so, although Hawaii's sex offender registration law remains in the statute books, it is not enforced, and the online registry was removed.
In Doe v. Phllips, 194 S.W.3d 837 (Mo. banc 2006), the Supreme Court of Missouri held that it violated the Constitution of Missouri's unique bar on retrospectively applicable civil laws to apply Missouri's sex offender registry to anyone who had been convicted or pled guilty to an applicable offense before the sex offender registration law was passed. The Court ruled that any potential registrant who pled guilty or was convicted before January 1, 1995, did not have to register, and remanded the case for further consideration in light of that holding. On remand, the Circuit Court of Jackson County, Missouri ordered that those people be removed from the published sex offender list. The Missouri Attorney General has appealed that order to the Missouri Court of Appeals in Kansas City, although it remains in effect during the appeal. Official language(s) English Capital Jefferson City Largest city Kansas City Largest metro area St Louis[1] Area Ranked 21st - Total 69,709 sq mi (180,693 km²) - Width 240 miles (385 km) - Length 300 miles (480 km) - % water 1. ...
The Supreme Court of Missouri is the highest court in the state of Missouri. ...
Within Missouri, there are three levels of government: state government county city // The current constitution of Missouri, the fourth constitution for the state, was adopted in 1945 and provides for 3 branches of government, the legislative, judicial and executive branches. ...
Jackson County is a county located in the U.S. state of Missouri. ...
Nickname: Location in Jackson, Clay, Platte, and Cass Counties in the state of Missouri. ...
The ruling has prompted a flurry of similar lawsuits throughout Missouri.[12] In response, several state legislators in Jefferson City have proposed an amendment to the Missouri Constitution which would exempt sex offender registration laws from the state constitution's unique prohibition on retrospective civil laws.[13] The proposed amendment passed the Missouri State Senate unanimously; if the House of Representatives passes it, it would have to be approved by voters in the 2008 general election in order to be ratified. Nickname: Coordinates: , Country United States State Missouri Counties Cole and Callaway Government - Mayor John Landwehr Area - City 28. ...
References - ^ http://www.meganslaw.ca.gov/sexreg.aspx?lang=ENGLISH
- ^ California 2006 Election results, Proposition 83
- ^ Callifornia 2006 Election Proposition 83 summary Sex Offenders. Sexually violent predators. Punishment, residence restrictions and monitoring. Initiative Statute.
- ^ [1]
- ^ http://www.reason.com/news/show/118396.html
- ^ Sex Offender Registries: Putting Lives At Risk?. Retrieved April 26, 2007
- ^ Associated Press. "Md. court exempts homeless from sex offender address registry", Delaware News-Journal (delawareonline), November 16, 2006. Retrieved on 2006-11-19.
- ^ Associated Press. "Miami sex offenders live under a bridge", April 6, 2007. Retrieved on 2007-05-16.
- ^ Connecticut Dept. of Public Safety v. Doe (01-1231) 538 U.S. 1(2003), hosted at Cornell University, retrieved April 26, 2007
- ^ US v. Grant
- ^ U.S. v. Madera
- ^ Columbia Daily Tribune: "Court asked to keep teen off offender list," April 27, 2007.
- ^ St. Louis Post-Dispatch: "Legislators focus on sex offenders," April 11, 2007.
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See Also In the United Kingdom, the Violent and Sex Offender Register (ViSOR) is a database that can be accessed by the Police and some Probation Service personnel. ...
This article does not cite any references or sources. ...
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