34 U.S.C. § 20915 — Duration of registration requirement

Page 509 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20915 (2) not later than 3 business days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment. (c) Keeping the registration current A sex offender shall, not later than 3 business days after each change of name, residence, em- ployment, or student status, appear in person in at least 1 jurisdiction involved pursuant to sub- section (a) and inform that jurisdiction of all changes in the information required for that of- fender in the sex offender registry. That juris- diction shall immediately provide that informa- tion to all other jurisdictions in which the of- fender is required to register. (d) Initial registration of sex offenders unable to comply with subsection (b) The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted be- fore the enactment of this chapter or its imple- mentation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders and for other categories of sex of- fenders who are unable to comply with sub- section (b). (e) State penalty for failure to comply Each jurisdiction, other than a Federally rec- ognized Indian tribe, shall provide a criminal penalty that includes a maximum term of im- prisonment that is greater than 1 year for the failure of a sex offender to comply with the re- quirements of this subchapter. (Pub. L. 109–248, title I, § 113, July 27, 2006, 120 Stat. 593.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (d) and (e), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For com- plete classification of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Pro- tection and Safety Act of 2006, which was approved July 27, 2006. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under sec- tion 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16913 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20914. Information required in registration (a) Provided by the offender The sex offender shall provide the following information to the appropriate official for inclu- sion in the sex offender registry: (1) The name of the sex offender (including any alias used by the individual). (2) The Social Security number of the sex of- fender. (3) The address of each residence at which the sex offender resides or will reside. (4) The name and address of any place where the sex offender is an employee or will be an employee. (5) The name and address of any place where the sex offender is a student or will be a stu- dent. (6) The license plate number and a descrip- tion of any vehicle owned or operated by the sex offender. (7) Information relating to intended travel of the sex offender outside the United States, in- cluding any anticipated dates and places of de- parture, arrival, or return, carrier and flight numbers for air travel, destination country and address or other contact information therein, means and purpose of travel, and any other itinerary or other travel-related infor- mation required by the Attorney General. (8) Any other information required by the Attorney General. (b) Provided by the jurisdiction The jurisdiction in which the sex offender reg- isters shall ensure that the following informa- tion is included in the registry for that sex of- fender: (1) A physical description of the sex offender. (2) The text of the provision of law defining the criminal offense for which the sex offender is registered. (3) The criminal history of the sex offender, including the date of all arrests and convic- tions; the status of parole, probation, or super- vised release; registration status; and the ex- istence of any outstanding arrest warrants for the sex offender. (4) A current photograph of the sex offender. (5) A set of fingerprints and palm prints of the sex offender. (6) A DNA sample of the sex offender. (7) A photocopy of a valid driver’s license or identification card issued to the sex offender by a jurisdiction. (8) Any other information required by the Attorney General. (c) Time and manner A sex offender shall provide and update infor- mation required under subsection (a), including information relating to intended travel outside the United States required under paragraph (7) of that subsection, in conformity with any time and manner requirements prescribed by the At- torney General. (Pub. L. 109–248, title I, § 114, July 27, 2006, 120 Stat. 594; Pub. L. 114–119, § 6(a), Feb. 8, 2016, 130 Stat. 22.) Editorial Notes CODIFICATION Section was formerly classified to section 16914 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2016—Subsec. (a)(7), (8). Pub. L. 114–119, § 6(a)(1), added par. (7) and redesignated former par. (7) as (8). Subsec. (c). Pub. L. 114–119, § 6(a)(2), added subsec. (c). § 20915. Duration of registration requirement (a) Full registration period A sex offender shall keep the registration cur- rent for the full registration period (excluding Page 510 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20916 1 So in original. The word ‘‘of’’ probably should not appear. 1 See References in Text note below. any time the sex offender is in custody or civilly committed) unless the offender is allowed a re- duction under subsection (b). The full registra- tion period is— (1) 15 years, if the offender is a tier I sex of- fender; (2) 25 years, if the offender is a tier II sex of- fender; and (3) the life of the offender, if the offender is a tier III sex offender. (b) Reduced period for clean record (1) Clean record The full registration period shall be reduced as described in paragraph (3) for a sex offender who maintains a clean record for the period described in paragraph (2) by— (A) not being convicted of any offense for which imprisonment for more than 1 year may be imposed; (B) not being convicted of any sex offense; (C) successfully completing any periods of supervised release, probation, and parole; and (D) successfully completing of 1 an appro- priate sex offender treatment program cer- tified by a jurisdiction or by the Attorney General. (2) Period In the case of— (A) a tier I sex offender, the period during which the clean record shall be maintained is 10 years; and (B) a tier III sex offender adjudicated de- linquent for the offense which required reg- istration in a sex registry under this sub- chapter, the period during which the clean record shall be maintained is 25 years. (3) Reduction In the case of— (A) a tier I sex offender, the reduction is 5 years; (B) a tier III sex offender adjudicated de- linquent, the reduction is from life to that period for which the clean record under paragraph (2) is maintained. (Pub. L. 109–248, title I, § 115, July 27, 2006, 120 Stat. 595.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (b)(2)(B), 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 classification of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16915 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20916. Direction to the Attorney General (a) Requirement that sex offenders provide cer- tain Internet related information to sex of- fender registries The Attorney General, using the authority provided in section 114(a)(7) 1 of the Sex Offender Registration and Notification Act [34 U.S.C. 20914(a)(7)], shall require that each sex offender provide to the sex offender registry those Inter- net identifiers the sex offender uses or will use of any type that the Attorney General deter- mines to be appropriate under that Act [34 U.S.C. 20901 et seq.]. These records of Internet identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the same extent as the other records in the National Sex Offender Registry. (b) Timeliness of reporting of information The Attorney General, using the authority provided in section 112(b) of the Sex Offender Registration and Notification Act [34 U.S.C. 20912(b)], shall specify the time and manner for keeping current information required to be pro- vided under this section. (c) Nondisclosure to general public The Attorney General, using the authority provided in section 118(b)(4) of the Sex Offender Registration and Notification Act [34 U.S.C. 20920(b)(4)], shall exempt from disclosure all in- formation provided by a sex offender under sub- section (a). (d) Notice to sex offenders of new requirements The Attorney General shall ensure that proce- dures are in place to notify each sex offender of changes in requirements that apply to that sex offender as a result of the implementation of this section. (e) Definitions (1) Of ‘‘social networking website’’ As used in this Act, the term ‘‘social net- working website’’— (A) means an Internet website— (i) that allows users, through the cre- ation of web pages or profiles or by other means, to provide information about themselves that is available to the public or to other users; and (ii) that offers a mechanism for commu- nication with other users where such users are likely to include a substantial number of minors; and (iii) whose primary purpose is to facili- tate online social interactions; and (B) includes any contractors or agents used by the website to act on behalf of the website in carrying out the purposes of this Act. (2) Of ‘‘Internet identifiers’’ As used in this Act, the term ‘‘Internet iden- tifiers’’ means electronic mail addresses and other designations used for self-identification or routing in Internet communication or post- ing. (3) Other terms A term defined for the purposes of the Sex Offender Registration and Notification Act [34