National Sex Offender Registry
State Sex Offender Registry
Websites
The
FBI's Crimes Against Children Unit coordinates the
development and implementation of the National Sex
Offenders Registry (NSOR).
The Pam
Lychner Sexual Offender Tracking and Identification
Act of 1996 (Lychner Act), requires the Attorney
General to establish a national database at the FBI
to track the whereabouts and movements of certain
convicted sex offenders under Title 42 of the United
States Code Section 14072. The National Crime Information
Center (NCIC) enables the NSOR to retain the offender's
current registered address and dates of registration,
conviction, and residence.
The Lychner
Act imposed two major obligations on the FBI which
became effective October 3, 1997:
1) to establish a national database at the FBI to
track the whereabouts and movements of each person who has been convicted of a criminal offense against a
victim who is a minor,
or has
been convicted of a sexually violent offense, or is
a sexually violent predator.
2) to register and verify the addresses of sex offenders
who reside in states that do not have a "minimally sufficient" sex
offender registry (SOR) program.
In those
states lacking a minimally sufficient SOR program,
the FBI would be required to register a sex offender's
current address, fingerprints, and current photograph.
For most offenders, address verification is on a
yearly basis, but for those who have been designated
as a sexually violent predator, address verification
is required every 90 days.
The Lychner
Act states that sex offenders are considered to be
a sexually violent predator when they have two or
more convictions for an offense requiring them to
register, and/or have been convicted under Title
18, United States Code, Section 2241(a)(c) - Aggravated Sexual Abuse, shall register annually or every
90 days for life. All other individuals required
to register as a sex offender shall do so annually
for at least 10 years after release from prison.
According
to the Lychner Act, the FBI may release relevant
information to federal, state, and local criminal
justice agencies for law enforcement purposes only.
Public notification will only be made if it is necessary
to protect the public. However, the Lychner Act specifically
states that in no case shall the FBI release the
identity of any victim of an offense that required
registration of a sex offender.
The Lychner
Act also created a new federal statute making it
a criminal offense for a registered sex offender
to move to another state and knowingly fail to notify
the FBI and authorities in the new state of residence.
Notification to the FBI and state authorities must
be made within ten days upon moving to a new state
and/or establishing residence following release from
prison or placed on parole, supervised release, or
probation. Upon release, each sex offender is notified
of their lawful duty to register with the FBI and
appropriate local authorities. The FBI is also notified
of the sex offender's release.
The first
offense for failure to notify is a misdemeanor punishable
by up to one year in prison and a fine not more than
$100,000. A second offense is a felony punishable
by up to ten years in prison and a fine not more
than $100,000.
The Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration
Program, enacted in 1994, provides a financial incentive for states to establish
registration programs for persons who have been convicted of certain sex crimes.
Currently, all fifty states have implemented some form of a SOR system.
Megan's Law, enacted in May 1996, amends the Wetterling Program with regard
to the disclosure of information collected by a state SOR program. The law
gives states broad discretion to determine to whom notification should be made
about offenders, under what circumstances, and about which offenders.
Individual
FBI Field Offices serve as primary points of contact
for persons requesting FBI assistance. For further
information about FBI services or to request assistance,
please contact a Crimes Against Children Coordinator
at your local FBI Field Office.