Federal Law On Classifying Sex Offenders

Posted by & filed under Federal Offense, Sex Crimes.

 

 

 

In 2006 the Adam Walsh Child Protection and Safety Act made a number of changes regarding sex offender laws including laws that imposed on the states requirements pertaining to state sex offender registration on where, when and how long sex offenders must register.

 

The law requires each jurisdiction to maintain a sex offender registry that divides sex offenders into three tiers and requires different registry periods for each tier.

 

Tiers

 

Tier III sex offender —  the most serious classification. These sex offenders are convicted of an offense that is punishable by more than one year in prison and:

 

1. is comparable or more severe than one of the following federal crimes or conspiracy or attempt to commit one of them: aggravated sexual abuse, sexual abuse, or abusive sexual contact against a minor under age 13;

2. involves kidnapping a minor, unless the actor is a parent or guardian; or

3. occurs after the offender became a Tier II sex offender.

A Tier III sex offender must register for life, unless he is a juvenile at the time of sentencing in which cases the registration period is 25 years if he maintains a clean record.

 

 

A Tier II sex offender —  someone convicted of an offense punishable by more than one year in prison that:

 

1. is committed against a minor and is comparable or more severe than one of the following federal crimes or attempt or conspiracy to commit one of them: sex trafficking, coercion and enticement, transportation with intent to engage in criminal sexual activity, or abusive sexual contact;

2. involves using a minor in a sexual performance, soliciting a minor for prostitution, or producing or distributing child pornography; or

3. occurs after the offender became a Tier I sex offender.

A Tier II sex offender must register for 25 years.

 

 

A Tier I sex offender — someone convicted of a sex offense not included in the other tiers.

The act defines a sex offense as (1) a crime involving a sexual act or sexual contact with another, (2) specified crimes against minors, (3) specified federal crimes and military crimes, and (4) attempt or conspiracy to commit one of them. Certain foreign crimes and certain crimes involving consensual sexual conduct are excluded but certain juvenile adjudications are included.

A Tier I sex offender must register for 15 years, but with a clean record and registration compliance the registration may be reduced to 10 years.

 

 

The law also requires sex offenders to appear in person to have a picture taken and verify registry information.

Tier I sex offenders must appear every year,

Tier II sex offenders every six month, and

Tier III sex offenders every three months.

 

New Orleans Attorney Elizabeth B. Carpenter Dedicated to reforming Sex Offender Registration Laws!

 

 

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