What is SORNA?
SORNA, the Sex Offender Registration and Notification Act, is Title I of the Adam Walsh Child Protection and Safety Act of 2006. It is a federal law codified at 34 U.S.C. § 20901 et seq. SORNA sets comprehensive minimum standards for sex offender registration and notification programs across the United States. The goal of SORNA is to strengthen the nationwide network of these programs by closing potential gaps and loopholes that existed under prior law.
What entities are considered “jurisdictions” under SORNA?
SORNA defines “jurisdictions” as the 50 states, the District of Columbia, the 5 principal U.S. territories, and federally recognized Indian tribes that choose to act as registration jurisdictions. Counties, cities, towns, and other political subdivisions within states, tribes, or territories are not considered “jurisdictions.” However, states, tribes, and territories can delegate the responsibility of carrying out SORNA functions to these subdivisions or other entities within their jurisdictions.
Who is required to register as a sex offender under SORNA?
SORNA defines a “sex offender” as an individual convicted of a “sex offense.” These convictions can stem from violations of federal, military, state, territorial, tribal, or local law. Foreign convictions may also be included if certain conditions are met.
What types of offenses qualify as “sex offenses” under SORNA?
SORNA designates a variety of offenses as “sex offenses.” Here are some categories of offenses that require registration:
- Offenses Against a Minor: This category includes offenses involving a minor and encompassing actions like non-parental kidnapping, non-parental false imprisonment, solicitation to engage in sexual conduct, use in a sexual performance, solicitation to practice prostitution, video voyeurism, possession, production, or distribution of child pornography, and criminal sexual conduct involving a minor. Specific federal offenses related to child sexual exploitation and abuse are also listed.
- Offenses Involving Sexual Acts or Contact: This broad category covers any offense that involves sexual acts or sexual contact with another person. It includes offenses with elements of genital, oral, or anal penetration, or any sexual touching of a person’s body, regardless of whether it’s direct or through clothing.
- Military Sex Offenses: These offenses are specified by the Secretary of Defense and are defined under the Uniform Code of Military Justice. A list of these offenses is provided in 34 U.S.C. § 20931.
- Attempts and Conspiracies: SORNA also mandates registration for attempts to commit and conspiracies to commit any offense already covered under its definition of “sex offenses.”
Does SORNA require registration for all instances of consensual sexual conduct?
No. SORNA does not require registration for consensual sexual conduct between adults if neither individual is under the custodial authority of the other. For example, an inmate/prison guard relationship would require registration.
What about consensual sexual conduct involving a minor?
SORNA establishes minimum standards for requiring registration in cases of consensual sexual conduct involving at least one minor (under 18 years old). If both individuals are at least 13 years old and the age difference between them is no more than four years, SORNA does not mandate registration. However, jurisdictions have the authority to exceed these minimum standards and require registration for convictions based on consensual sexual conduct in these situations.
What constitutes a “conviction” for the purposes of SORNA?
A sex offender is deemed “convicted” under SORNA if they have faced penal consequences based on the conviction, regardless of the specific terminology used. Actions such as sealing a criminal record or taking other steps to limit the public availability of conviction information do not negate the “conviction” status for SORNA purposes, as long as the conviction remains legally valid.
Does SORNA apply to juvenile offenders?
“Convictions” under SORNA include convictions of juveniles who are prosecuted as adults. However, juvenile delinquency adjudications are generally not covered by SORNA. There is an exception for cases where:
- The juvenile was at least 14 years old at the time of the offense.
- The juvenile was adjudicated delinquent for:
- Committing a sexual act with another person by force
- Committing a sexual act with another person by the threat of serious violence
- Committing a sexual act with another person by rendering them unconscious or drugging them.
- Attempting or conspiring to commit any of the above acts.
What resources are available to jurisdictions for implementing SORNA?
To assist jurisdictions in implementing SORNA, several resources offer guidance and interpretation:
- Attorney General Guidelines and Rules: The Attorney General has issued guidelines and rules to clarify and address various aspects of SORNA implementation, including juvenile registration, public website posting of offender information, international travel reporting requirements, and the treatment of newly recognized Indian tribes.
- SORNA Implementation Documents: The SMART Office (Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking) has developed a series of documents providing further guidance on specific topics related to SORNA implementation. These documents cover areas like substantial implementation, Byrne JAG grant reductions, in-person verification, community notification requirements, using risk assessment, determining residence for homeless and transient offenders, the text of registration offenses, military convictions, fingerprinting requirements, registering tribal convictions, information sharing, clarifying jurisdictional issues, tribal election and delegation, information required for international travel notices, and juvenile registration and notification requirements.
What are some examples of employment restrictions placed on sex offenders by jurisdictions?
While SORNA doesn’t directly impose employment restrictions, many jurisdictions have implemented their own laws restricting where sex offenders can work. According to the laws, these restrictions are primarily aimed at protecting children. Some examples of these restrictions include:
- Restrictions on Working with Children: Sex offenders are often prohibited from working in fields where they would have direct contact with children. This includes schools, child care facilities, amusement parks, and any businesses primarily serving children.
- Restrictions on Working Where Children are Present: Some jurisdictions restrict sex offenders from working at locations where children are frequently present, even if their job doesn’t involve direct contact with children. These locations may include fairs, carnivals, arcades, public libraries, and swimming pools.
What are the justifications for employment restrictions on sex offenders?
The stated justification for these restrictions is to help reduce the risk of sex offenders re-offending. By limiting their access to environments where they might encounter potential victims, especially children, these laws aim to enhance public safety. However, it is worth noting that research on re-offending based on residence, employment, or proximity does not indicate that such restrictions accomplish that intent.
If you or a loved one are charged with a sex-related offense and potentially facing having to register as a sex offender, contact us for a free, no-obligation consultation. The sex registry can be confusing and it’s critical that you understand the law in the state you live and anywhere you may visit on a regular basis.