What Are Sex Offender Registries?

State and federal laws require people convicted of a sex crime to register as a sex offender in the jurisdiction where they committed the offense. Law enforcement agencies use sex offender registries to monitor offenders after their release into the community. Sex offender websites publicize some of this data, keeping the public aware of where convicted sex offenders live, work, or attend school.

“Being on the registry can affect your ability to get an apartment, a job, as well as the embarrassment and time commitment of going to the sheriff’s office multiple times a year,” says Trey Pettlon, a criminal defense attorney in Olathe, Kansas. “It’s a scarlet letter, and some people are pretty vigilant about making everybody in the neighborhood aware.”

State laws make failure to register a crime in itself, one that can carry significant penalties, from fines to additional time in prison. Because of the weighty consequences of a sex crime, it’s essential to seek legal representation from an experienced criminal defense lawyer as soon as possible.

What Are Sex Offender Registries?

Every state has laws directing law enforcement to create and maintain a sex offender registry (SOR) to track and monitor convicted sex offenders in the community. These laws aim to ensure public safety and prevent repeat sexual offenses.

State sex offender registration acts set requirements for:

• Who has to register
• The registration process
• What information must be provided
• How long registration lasts
• How frequently offenders must update their information
• How much information the public can access
• How the public can access the information

Public sex offender registry websites are the primary way that information is provided to the public. They exist to increase public safety by making information about sex offenders more accessible. They do not exist to target specific individuals. You should not use information to harass or injure individuals on the registry. Doing so can land you in legal trouble.

History of Sex Offender Registries

Through the 1994 Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, Congress required states to create and maintain registries for tracking and monitoring convicted sex offenders.

In 1996, Congress amended the Jacob Wetterling Act, requiring law enforcement to provide information about convicted sex offenders to the public. Modeled on a New Jersey law passed in response to the rape and murder of Megan Kanka, this 1996 amendment is known as Megan’s Law. State laws requiring public disclosure of information about sex offenders are generally referred to as Megan’s Laws.

In 2006, Congress enacted the Sex Offender Registration and Notification Act (SORNA). SORNA closed loopholes in prior sex offender registry laws and improved the network of sex offender registration and notification programs nationwide. This allowed law enforcement to collaborate more effectively.

The U.S. Department of Justice’s National Sex Offender Public Website links to sex offender registries nationwide.

Who Has To Register as a Sex Offender?

State laws set the specific requirements for who must register as a sex offender and how long they have to register.

Typically, anyone convicted of a sex crime must register. There are many kinds of sexual offenses, with varying penalties. Depending on the severity of the offense, individuals may have to register for several years or life.

Because each state is slightly different, it is essential to check your state’s laws and requirements. A criminal defense attorney can give the best advice on your state’s specific rules.

How Do You Register as a Sex Offender?

In general, convicted sex offenders must register with the local law enforcement agency, such as the state police or sheriff’s office, in the jurisdiction where they live, work, or attend school.

Registering is not a one-time event. In addition to regular check in requirements, sex offenders are also required to report specific changes to law enforcement. For example, state laws often require registered sex offenders to report any changes in:

• Legal name
• Place of employment
• Residence (including moving out of state)
• Enrollment at an institution of higher learning
• New phone numbers or email addresses

These updates must be reported in person or via mail within a legally specified time period (for example, within three days).

As for the frequency of regular check-ins, Pettlon says convicted sex offenders in Kansas “have to report four times each year to the registering law enforcement agency in each of the counties in which the offender resides, is employed, or attends school.” These periodic check-ins involve taking updated photographs and paying registration fees.

The registering law enforcement agency will have the forms and requirements to complete and information about when and how to update information.

What Are the Registration Requirements?

While each state has its own registration form and required information, offenders typically must provide the following information:

• Legal name (including aliases)
• Current address information
• Current occupation
• Criminal history
• Current education or education plans

Some states may require additional information, including fingerprints or DNA samples.

How Long Does Registration Last?

The duration of sex offender registration “varies by state and is oftentimes markedly different from one state to another,” says Pettlon. “Frequently, the registration period will be 10 years or more.”

Registration typically doesn’t begin until the sex offender completes their prison sentence.

What Information Can the Public Access?

This also depends on each state’s sex offender registration law. Typically, the sex offender’s name, picture, address, and offense are public. In some states, the type of information made publicly available depends on the offender’s risk level of repeating the offense.

For example, New York has three re-offense risk levels: Low, medium, and high risk. A judge determines the individual’s risk level after a court hearing. Individuals determined to be at high risk of repeating an offense will have the most information made available to keep the public safe.

In addition to the type of offender information made available, risk level designation can also determine how information is provided to the public. In Texas, for example, the Department of Public Safety directly notifies communities about high-risk offenders by mailing an informational postcard to each residence and business.

Consequences for Failing To Register

Failure to register as a sex offender or to update one’s registration information in compliance with state registration laws can bring severe penalties.

Each state has its own penalties for failure to register, from fines to prison sentences. In Kansas, for example, Pettlon says if any violation of the registration act occurs for more than 30 consecutive days, it constitutes a new and separate offense on the 31st day. A first conviction for violation of the state sex offender registry act is severe: It’s a felony with its own prison sentence.

Following your state’s requirements in registering and regularly updating your information is essential to avoid further legal trouble. If you are unsure about your state’s registration requirements, consider speaking with a local attorney with experience in handling sex offenses.

Find Legal Defense

If you have been convicted of a sex offense and are required to register with your state’s system, it is essential to comply with all requirements as soon as possible. Failing to register can bring significant penalties.

If you are facing charges or have questions about your state’s requirements, speak with a sex crimes attorney as soon as possible. Visit the Super Lawyers directory to find a sex offense attorney in your area.