34 U.S.C. § 20913 — Registry requirements for sex offenders

Page 508 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20912 (6) Criminal offense The term ‘‘criminal offense’’ means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of De- fense under section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note)) or other criminal offense. (7) Expansion of definition of ‘‘specified offense against a minor’’ to include all offenses by child predators The term ‘‘specified offense against a minor’’ means an offense against a minor that involves any of the following: (A) An offense (unless committed by a par- ent or guardian) involving kidnapping. (B) An offense (unless committed by a par- ent or guardian) involving false imprison- ment. (C) Solicitation to engage in sexual con- duct. (D) Use in a sexual performance. (E) Solicitation to practice prostitution. (F) Video voyeurism as described in sec- tion 1801 of title 18. (G) Possession, production, or distribution of child pornography. (H) Criminal sexual conduct involving a minor, or the use of the Internet to facili- tate or attempt such conduct. (I) Any conduct that by its nature is a sex offense against a minor. (8) Convicted as including certain juvenile ad- judications The term ‘‘convicted’’ or a variant thereof, used with respect to a sex offense, includes ad- judicated delinquent as a juvenile for that of- fense, but only if the offender is 14 years of age or older at the time of the offense and the of- fense adjudicated was comparable to or more severe than aggravated sexual abuse (as de- scribed in section 2241 of title 18), or was an at- tempt or conspiracy to commit such an of- fense. (9) Sex offender registry The term ‘‘sex offender registry’’ means a registry of sex offenders, and a notification program, maintained by a jurisdiction. (10) Jurisdiction The term ‘‘jurisdiction’’ means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 20929 of this title, a federally recognized Indian tribe. (11) Student The term ‘‘student’’ means an individual who enrolls in or attends an educational insti- tution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education. (12) Employee The term ‘‘employee’’ includes an individual who is self-employed or works for any other entity, whether compensated or not. (13) Resides The term ‘‘resides’’ means, with respect to an individual, the location of the individual’s home or other place where the individual ha- bitually lives. (14) Minor The term ‘‘minor’’ means an individual who has not attained the age of 18 years. (Pub. L. 109–248, title I, § 111, July 27, 2006, 120 Stat. 591.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion 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 16911 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20912. Registry requirements for jurisdictions (a) Jurisdiction to maintain a registry Each jurisdiction shall maintain a jurisdic- tion-wide sex offender registry conforming to the requirements of this subchapter. (b) Guidelines and regulations The Attorney General shall issue guidelines and regulations to interpret and implement this subchapter. (Pub. L. 109–248, title I, § 112, July 27, 2006, 120 Stat. 593.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion 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 16912 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20913. Registry requirements for sex offenders (a) In general A sex offender shall register, and keep the reg- istration current, in each jurisdiction where the offender resides, where the offender is an em- ployee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence. (b) Initial registration The sex offender shall initially register— (1) before completing a sentence of imprison- ment with respect to the offense giving rise to the registration requirement; or 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