State Sex Offender Registration
For people convicted of certain sexual offenses, the end of their prison sentence is not the end of the legal restrictions imposed on them. Sex offenders must register periodically with state authorities for years after release, and their status as a sex offender affects and limits many aspects of their lives.
Registration is not the only consequence. The state may also have them committed to a mental institution if they were convicted of a sub-set of sex crimes. The federal government has also enacted a sex offender registration and civil commitment law; as explained in Federal Registration and Commitment Laws for Sex Offenders.
What is a “Sex Offender?”
A “sex offender” is defined by the laws of the state in which the offender is convicted or resides.
Sex offenders include the obvious types of sexual crimes, such as rape, sexual assault, and child molestation. But these laws include other crimes as well. For purposes of sex offender registration laws, a sex offender may include a person who was convicted of any of the following, depending on the state of conviction or residence:
- knowing or intentional transmission of an STD
- consensual sex between teenagers
- possessing child pornography
- soliciting a prostitute (even an adult prostitute)
- public urination, or
- indecent exposure (even by a high school student).
Even a minor convicted of an offense that is deemed a “sex offense” must register as a sex offender.
A person convicted of a sex offense must register in the state where convicted and also in any state in which the offender later lives. For example, if a person was convicted of child molestation in Idaho, but moves to Kansas a few months after release from prison, he will have to register both in Idaho and then in Kansas after moving there. And, if a person is convicted of a crime that is not a sex offense in the state of conviction (say, knowing transmission of an STD) but then after release moves to a state where the same crime would have been a sex offense if he’d been convicted in the new state of residence, he may have to register as a sex offender in the new state.
What are Sex Offender Registration Requirements and Restrictions?
Every state in the U.S. now has a sex offender registration law on its books. Part of the reason for this unanimity is that the federal government requires such laws in order for states to receive certain public funds. Sex offender registration laws differ from state to state, but all require that identifying information about a person convicted of specified sexual offenses be provided to state and local police departments. Information about a sex offender that must be registered typically includes:
- name and aliases
- residence, work, and school addresses
- palm prints and fingerprints
- a physical description, including any identifying features
- description and date of the crime of conviction
- the jurisdiction in which the person was convicted
- a current photograph
- a copy of a driver’s license, license plate number, and description of all vehicles owned, including boats and aircraft
- the person’s social security number and date of birth
- every email address, online screen name, social network “handle,” or any other online identity used, and
- copy of the offender’s passport or immigration papers.
The local law enforcement agency must make the offender’s registration information available to the public, and post identifying information about the offender on a website containing a nationwide sex offender database.
Under federal law (discussed in Federal Registration and Commitment Laws for Sex Offenders), states also must notify the schools, volunteer organizations, public housing authorities, social service agencies, and other entities of the presence of a registered sex offender in their area.
Registered sex offenders are barred from holding certain jobs (for example, with public or private schools or daycare centers), and from entering school or daycare premises. Most of the state sex offender registration laws require a convicted sex offender to stay a specified distance away from a public or private school, playground, daycare center, and other locations where children are present. This restriction applies even to convicted offenders whose offense did not in any way involve a child.
How Long Is Registration Required?
Again, the length of time a person designated as a sex offender must register varies from state to state but, in general, registration is required for years and even decades in some states.
Regardless of the letter of the law, the public registry exists forever—the online databases never really go away, like everything else on the Internet. So, sex offender registration effectively lasts forever. Employers, neighbors, new friends, and family members can find the offender on the registration databases. Needless to say, this can seriously affect all aspects of the offender’s life for the duration of his or her life.
And, even an offender who has fully complied, shown remorse, and displayed every sign of rehabilitation cannot reduce the length of time that registration is required. There is no “good time” mitigation of the years of registration required by these laws.
In addition to the hassle of registering and the effect on efforts to find a job or housing, registered sex offenders often confront other issues. Individuals who have been required to register as sex offenders have at times been targeted by their neighbors for eviction, threatened, and even physically attacked.
Designation as a Sex Offender Can Lead To Civil Commitment
A very significant additional risk to a person convicted of certain sex offenses (including indecent exposure and possessing child pornography, in some states) is that of possibly being further designated as a sexually violent predator subject to civil commitment. For more information, see State Civil Commitment for Sex Offenders.