State and Federal Sex Offender Registration Laws

For people convicted of certain sexual or predatory 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 sex offenders affects and limits many aspects of their lives.

What Is Sex Offender Registration?

Sex offender registration is a legal requirement imposed on persons convicted of sex offenses and certain predatory offenses. A person convicted of one of these offenses must register with local law enforcement authorities upon release from incarceration or after sentencing (if not incarcerated).

The person—now considered a "sex offender"—must provide authorities with personal identifying information (such as name, date of birth, fingerprints, SSN) and their whereabouts (residential, work, and school addresses). The law requires sex offenders to keep their information current through periodic updates and updates any time information changes. Registration and update requirements generally last 10 years to life.

Local law enforcement agencies must enter, update, and upload sex offender information into their state and a national registry. Certain information provided will be publicly available through online sex offender registries.

A sex offender's failure to register or comply with state or federal legal requirements is usually a felony.

Is Sex Offender Registration a Federal or State Requirement?

It's both. Most state and federal sex offender registration laws were enacted in the 1990s and 2000s, following high-profile child and young adult abductions, sexual assaults, and murders. A few states had similar registries before that time.

Congress used its purse strings (federal funds) to compel every state to enact or amend its sex offender registration laws to meet minimum standards. States that didn't (substantially) comply risked losing federal funding. Congress wanted state registry requirements to be uniform and not too lenient. The federal law that sets these minimum standards is called the Sex Offender Registry and Notification Act (SORNA).

SORNA dictates most of the ins and outs of state sex offender registries. The federal law defines who's considered a sex offender, how long a sex offender must register, what information must be included in the registration, and the penalties for failure to register.

While there's no federal registry, SORNA directs every state to participate in the Dru Sjodin National Sex Offender Public Website, which pulls information from all the states into one searchable database. States must register and track sex offenders who were convicted or reside or work in their state, including those convicted of federal offenses.

(34 U.S.C. §§ 20911 and following (2024).)

Federal Sex Offender Law: SORNA

Below are some key components of SORNA—the federal sex offender registration law.

Crimes That Require Sex Offender Registration

Federal law defines who is a "sex offender" based on a person's conviction. States are free to add offenses to this list. SORNA also extends registration requirements to certain juvenile adjudications, although not all states fully comply with this provision.

Sex offenders include people convicted of the obvious types of sexual crimes, such as rape, sexual assault, child prostitution, child pornography, and child molestation. But federal and state laws also include "predatory crimes," such as child kidnapping, false imprisonment of a child, murder, indecent exposure, and statutory rape. Some states' laws contain catch-all language that pulls in any offense that is "sexual by its nature."

How Long Sex Offender Registration Lasts

SORNA uses the severity of the convicted offense and the offender's record to determine how long registration lasts and how often an offender must update their information. Based on these factors, a sex offender falls into one of three tiers. Tier I has a 10-year requirement, Tier II is 25 years, and Tier III is a lifetime requirement. Periodic updates require offenders to check in with law enforcement and provide updated photos and verify information. These periodic updates must happen every 3, 6, or 12 months based on tier level.

Some states use the federal tiered system, while others have different classifications or use risk-based assessments.

Sex Offender Notifications

SORNA requires sex offenders to register with law enforcement agencies. They must register in the state where the conviction occurred and where they live, work, or go to school (if they're different). Government officials must notify schools, public housing agencies, child care centers, volunteer organizations, and, sometimes, the community at large that a sex offender lives or works in the area.

Penalties for Failure to Register

Federal law requires states to impose a criminal penalty of more than one year's imprisonment (often a felony) for failure to register.

State Sex Offender Laws

States are generally required to follow the federal minimum standards set in SORNA. But SORNA compliance varies. Not all states completely follow the federal law, and many apply for waivers to allow them to keep most federal funds (despite noncompliance). States can also impose additional requirements on sex offenders. Without uniformity, sex offenders must navigate a myriad of differing requirements any time they move, find a new job, or travel.

Although federal law doesn't require it, many states have implemented residency and employment restrictions on sex offenders as well.

Residency Restrictions for Sex Offenders

State and local governments have passed numerous residency restrictions for sex offenders. Many of these prohibit sex offenders from living or working within a certain distance from schools, daycares, recreational centers, and public playgrounds. In some communities, these parameters force an offender out of the community completely. (Offenders have challenged these residency restrictions as unconstitutional but with varying and limited success.)

Employment and Professional Licensing Prohibitions for Sex Offenders

Another common restriction placed by states involves prohibiting sex offenders from working in certain locations and professions. State laws often prohibit sex offenders from working in or near schools, daycares, group homes, public libraries, amusement parks, and recreational centers. Sex offenders may also be denied professional licenses, such as teaching, nursing, and childcare licenses.

Relief From Restrictions

States may offer relief from certain residency, employment, and professional licensing restrictions. A sex offender usually needs to ask a court for this type of relief and provide proof that they're not a continuing danger to the community.

Can a Sex Offender Be Removed From the Registry?

Federal law allows Tier I sex offenders to ask for a reduction in their registration period from 15 to 10 years. The offender must have a clean record for 10 years (no felonies or any sex offense convictions). Successful completion of supervision and sex offender treatment are also required. Tier III juveniles who are subject to lifetime registration may also ask for a reduction to 25 years.

State laws vary on this issue. Many allow a sex offender to seek a reduction or removal from the registry, but the law might limit this relief to only low-level or low-risk offenders or persons placed on the registry as a juvenile. Check out this 50-state resource from the Collateral Consequences Resource Center to learn more about your state's laws.

Additional Resources on Sex Offender Registration

Sex offender registration laws are complex. If you're trying to determine how these laws work, the following resources can be helpful.

• National Sex Offender Public Website
• NSOPW List of All State, Territory, and Tribal Registries
• SMART: The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
• SORNA Legislation
• Collateral Consequences Resource Center: Sex Offender Registry Relief; Criminal Records

If you need legal information, contact an attorney who specializes in criminal defense, civil rights, or civil commitment, depending on the issue involved.