34 U.S.C. § 20918 — Periodic in person verification

Page 512 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20918 section (a) by social networking websites ap- proved to use such system. (C) Strict adherence to limitation The use of the system established under subsection (a) by a social networking website shall be conditioned on the website’s agreement to observe the limitations re- quired under this paragraph. (D) Rule of construction This subsection shall not be construed to limit the authority of the Attorney General under any other provision of law to conduct or to allow searches or checks against sex offender registration information. (4) Payment of fee A social networking website approved to use the system shall pay any fee established by the Attorney General for use of the system. (5) Limitation on liability (A) In general A civil claim against a social networking website, including any director, officer, em- ployee, parent, contractor, or agent of that social networking website, arising from the use by such website of the National Sex Of- fender Registry, may not be brought in any Federal or State court. (B) Intentional, reckless, or other misconduct Subparagraph (A) does not apply to a claim if the social networking website, or a director, officer, employee, parent, con- tractor, or agent of that social networking website— (i) engaged in intentional misconduct; or (ii) acted, or failed to act— (I) with actual malice; (II) with reckless disregard to a sub- stantial risk of causing injury without legal justification; or (III) for a purpose unrelated to the per- formance of any responsibility or func- tion described in paragraph (3). (C) Minimizing access A social networking website shall mini- mize the number of employees that are pro- vided access to the Internet identifiers for which a match has been found through the system. (6) Rule of construction Nothing in this section shall be construed to require any Internet website, including a so- cial networking website, to use the system, and no Federal or State liability, or any other actionable adverse consequence, shall be im- posed on such website based on its decision not to do so. (Pub. L. 110–400, § 3, Oct. 13, 2008, 122 Stat. 4225.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(2)(D), is Pub. L. 110–400, Oct. 13, 2008, 122 Stat. 4224, known as the Keep- ing the Internet Devoid of Sexual Predators Act of 2008, and also known as the KIDS Act of 2008, which enacted this section and section 20916 of this title, amended sec- tion 20981 of this title, and enacted provisions set out as notes under sections 10101 and 20981 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was enacted as part of the Keeping the Inter- net Devoid of Sexual Predators Act of 2008, also known as the KIDS Act of 2008, and not as part of the Sex Of- fender Registration and Notification Act which com- prises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which com- prises this chapter. Section was formerly classified to section 16915b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20918. Periodic in person verification A sex offender shall appear in person, allow the jurisdiction to take a current photograph, and verify the information in each registry in which that offender is required to be registered not less frequently than— (1) each year, if the offender is a tier I sex of- fender; (2) every 6 months, if the offender is a tier II sex offender; and (3) every 3 months, if the offender is a tier III sex offender. (Pub. L. 109–248, title I, § 116, July 27, 2006, 120 Stat. 595.) Editorial Notes CODIFICATION Section was formerly classified to section 16916 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20919. Duty to notify sex offenders of registra- tion requirements and to register (a) In general An appropriate official shall, shortly before re- lease of the sex offender from custody, or, if the sex offender is not in custody, immediately after the sentencing of the sex offender, for the of- fense giving rise to the duty to register— (1) inform the sex offender of the duties of a sex offender under this subchapter and explain those duties; (2) require the sex offender to read and sign a form stating that the duty to register has been explained and that the sex offender un- derstands the registration requirement; and (3) ensure that the sex offender is registered. (b) Notification of sex offenders who cannot com- ply with subsection (a) The Attorney General shall prescribe rules for the notification of sex offenders who cannot be registered in accordance with subsection (a). (Pub. L. 109–248, title I, § 117, July 27, 2006, 120 Stat. 595.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Of- fender Registration and Notification Act. For complete