SORNA / Sex Registry Overview

The Sex Offender Registration and Notification Act (SORNA) is a key component of the Adam Walsh Child Protection and Safety Act, which was passed in 2006. 

SORNA was created to standardize the registration and tracking of sex offenders across the United States. Its primary stated goal is to protect the public by establishing consistent requirements for registering, tracking, and monitoring of convicted sex offenders. 

By requiring sex offenders (also referred to as RSOs (registered sex offenders)) to: (1) register with local law enforcement agencies and  (2) keep specific parts of their information up-to-date (such as addresses, email, and phone numbers), the law aims to reduce the likelihood of recidivism and increase public safety.

Background of SORNA 

SORNA was introduced as part of the Adam Walsh Child Protection and Safety Act after the abduction and murder of Adam Walsh, a six-year-old boy, in 1981.

Prior to SORNA, sex offender registration systems varied significantly between states. Some states had detailed, robust systems, while others had limited structure or inconsistent procedures. 

The thought was that the lack of uniformity made it easier for offenders to slip through the cracks by moving between states without notifying authorities. SORNA was designed to create a national standard that ensures consistent enforcement across all states, territories, and Native American tribes.

What is SORNA?

SORNA establishes minimum standards for sex offender registration and notification. It requires all states, the District of Columbia, and U.S. territories to maintain sex offender registries that meet federal guidelines. Key components of SORNA include:

Uniform Classification of Offenders:

SORNA classifies sex offenders into three tiers based on the severity of their offense. This tiered system determines how long offenders must remain on the registry and how frequently they must update their information:

• Tier I Offenders: The least serious offenses that require offenders to register for 15 years. Tier I offenders must update their information annually. In Maryland, for example, some crimes that fall under Tier 1 offenses include - 4th Degree Sex Offense, Possession of Child Pornography, Engaging in Illicit Conduct in Foreign Places, and Visual Surveillance with Prurient Intent. 

• Tier II Offenders: More serious offenses that require registration for 25 years, with updates every six months. Some examples of Tier II offenses include – Distribution of Child Pornography, 3rd Degree Sex Offense, Sexual Solicitation of a Minor, and Human Trafficking. 

• Tier III Offenders: The most severe offenders must register for life and update their information every three months. Some examples of Tier III offenses in Maryland include Kidnapping, 1st Degree Sex Offense, 2nd Degree Sex Offense, Continuing Course of Conduct with a Child, and Sex Abuse of a Minor. 

National Registry Integration: 

SORNA aims to create a national, searchable sex offender database. It mandates that states participate in the Dru Sjodin National Sex Offender Public Website (NSOPW), which allows the public to search for registered sex offenders across the country. 

This integration of state and federal databases improves the ability to track offenders who move between jurisdictions.

Registration Requirements: 

SORNA requires offenders to provide a variety of personal information when they register, such as their name, address, employment details, and vehicle information. Registrants must also submit to fingerprinting and provide a DNA sample. Additionally, they must inform law enforcement whenever they change their address, place of employment, or school enrollment. Failure to do so can result in severe penalties, including imprisonment.

Penalties for Non-Compliance: 

Another one of the law’s elements is its strict enforcement of the registration and updates from offenders. Failing to comply with registration requirements is a federal crime under SORNA (in addition to state penalties), and offenders can face fines and up to 10 years in prison for failing to register or update their information.

The Purpose of SORNA

The stated, primary goal of SORNA is ensuring that law enforcement has accurate and up-to-date information on convicted sex offenders. 

By creating a uniform, national system for registering and tracking offenders, SORNA aims to:

#1 - Prevent Offenders from Evading Detection: Prior to SORNA, sex offenders could move between states without notifying authorities, making it difficult to track them. SORNA requires offenders to register wherever they live, work, or attend school, making it much harder for them to evade detection by moving between jurisdictions.

#2 - Improve Public Access to Information: By making sex offender information available to the public through the NSOPW, SORNA allows individuals to stay informed about offenders living in their communities. 

#3 - Reduce Recidivism: According to SORNA, the hope is that by maintaining a more stringent and transparent registry system, it will discourage offenders from committing additional crimes. Although there is no substantial research that shows a reduction in recidivism, the concepts is that knowledge that their movements and information are being closely monitored is intended to serve as a deterrent to re-offending.

#4 - Aid Law Enforcement Investigations: Accurate and current information on sex offenders helps law enforcement agencies during investigations. For example, if a sex crime is committed in a certain area, investigators can quickly access information about registered offenders in that area, potentially identifying suspects more quickly.

Challenges and Criticisms of SORNA

While SORNA has played a role in creating a more unified and stringent sex offender registration system, it has also faced criticism and challenges from various quarters.

• Implementation Gaps: Although SORNA sets national standards, not all states have fully complied with the law. As of 2024, only 18 states are fully compliant with SORNA requirements. Some states have found the cost of compliance—due to the need to overhaul existing systems and processes—prohibitive. Non-compliant states face a  reduction in federal funding from the Byrne Justice Assistance Grant, which supports local law enforcement programs.

• Broad Scope and Duration: One of the main criticisms of SORNA is that it casts a wide net. Critics argue that the tiered classification system is too rigid and doesn't allow for individualized assessments of the risk posed by each offender. For instance, an individual convicted of a non-violent offense might be required to register for 15 years, even if they are unlikely to re-offend. In addition, some misdemeanor crimes may have a higher Tier ranking than some      felonies. This has raised concerns about the fairness of the system and its long-term impact on offenders, many of whom face significant social and economic challenges due to their registration status.

• Impact on Juvenile Offenders: Another point of contention is SORNA’s treatment of juvenile offenders. The law requires juveniles aged 14 or older who are convicted of serious offenses to register as sex offenders. Critics argue that this can have lifelong consequences for juveniles, who may be stigmatized and face barriers to education, employment, and housing because of their registration status.

• Privacy Concerns: While the law aims to protect public safety, some have raised concerns about the invasion of privacy it imposes on offenders. The public accessibility of offenders’ personal information, such as their home address and place of work, can lead to harassment and difficulties in reintegrating into society after serving their sentences.

Conclusion

Ongoing debates about the balance between public safety, offender rehabilitation, and civil liberties ensure that SORNA remains a topic of legislative and judicial interest.

In addition, states that have not fully complied with SORNA often cite the complexity of integrating its provisions with existing state laws. Efforts to improve the law’s implementation and address its shortcomings continue at both the state and federal levels.

As a result, states tend to have different laws (including some local laws by city or county) that make understanding what you can and can’t do confusing. 

Travel between states includes additional risk due to the confusing, and sometimes conflicting registration requirements. 

If you or someone you know is either on the Sex Offender Registry (in Maryland or another state) or is facing charges that could place them on the registry, contact us - we are here to help. 

Our experts work with clients and their families to understand what the Registry is like, the challenges that exist throughout the states, how to navigate SORNA, how to successfully travel within the U.S. and Internationally, and more.