Tuesday, November 12, 2013
SEX OFFENDER DATABASE
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Sex Offender Database
HomeGlossary Sex Offender Database
A sex offender database is a list of personal information about convicted sex offenders, usually made available to the public. Sex offender databases (also known as sex offender registries) can be private databases, but are more often associated with local and federal sex offender registries. Sex offender databases maintained by individual states are usually connected to The National Sex Offender Registry, which is officially known as the Dru Sjodin National Sex Offender Public Database.
Sex Offender Registration
Sex offender registration is a system that exists in each state, which was designed to track the whereabouts of convicted sex offenders. Sex offender registries maintain a residential record of convicted sex offenders, including individuals who have already completed their criminal sentences.
Details of an individual's crime are contained within the registry and are accessible to the general public. In most states, registered sex offenders must adhere to certain restrictions that limit where they are allowed to live and work. Sex offenders who are on parole or probation are often subject to additional limitations which do not pertain to other parolees or individuals on probation. Typically, an individual who is on parole or probation for committing a felony, has certain constitutional liberties withheld from them such as the right to own a firearm, and the right to vote. In addition to the loss of these basic freedoms, a convicted sex offender on parole or probation is restricted from the following activities: being in the presence of persons under the age of 18, and residing within a certain proximity to a school or daycare.
History of Sex Offender Databases
Jacob Wetterling Act (1994)
The U.S. Congress enacted a sex offender registration law in 1994 called the Jacob Wetterling Act. The goals of the Jacob Wetterling Act were to increase public safety, deter sex offenders from committing future crimes, and provide law enforcement with additional investigative powers. A series of state laws followed that required communities to be notified of sex offenders living in their jurisdictions. However, at least 100,000 sex offenders (or about one in five) in the U.S. fail to comply with registration requirements and their location is unknown. There is some indication that sex offenders move to states that have the least restrictive registration and notification laws, in order to live in communities with relative anonymity.
Megan's Law (1994)
At the federal level, the Jacob Wetterling Act is known as Megan's Law. This federal law requires states to make private and personal information about registered sex offenders available to the public, but allows states the discretion to establish criteria for disclosure, such as which offenders are likely to re-offend and which ones are not. This discretion granted to each state made previous attempts at national standardization of sex offender databases challenging.
Adam Walsh Act (2006)
The Adam Walsh Child Protection and Safety Act, includes a provision known as the Sex Offender Registration and Notification Act, abbreviated as SORNA. This is a federal mandate that requires all states to revise their sex offender registration laws to conform to federal guidelines. State jurisdictions that don't comply SORNA guidelines face a 10% penalty in their Bureau of Justice Assistance grant. The Adam Walsh act categorizes various sex offenses in tiers.
Tiers of Sex Offenses
Criminal offenses which are considered sex offenses for registration purposes have been broadened under SORNA. Every jurisdiction must decide which tier the infractions of state regulations fit under, and then enact laws that tier each criminal offense accordingly. Violations of state law are tiered in accordance with the federal offenses they are equivalent to.
Tier III Offenses require lifetime registration and quarterly verification, and involve:
•sexual acts involving force or carried out under threat 18 U.S.C. 2241(a)
•sexual acts with one whom the actor causes unconscious, or impairs by drugging or intoxication 18 U.S.C. 2241(b)
•sexual acts with a child under the age of 12 18 U.S.C. 2241(c)
•sexual acts with one who is mentally incapable of appraising, or physically incapable of declining, or communicates unwillingness of the sex act 18 U.S.C. 2242
•sexual contact with a child under the age of 12 18 U.S.C. 2244(c)
•non-parental kidnapping or false imprisonment of minors
•any attempt or conspiracy to commit of any of the above
•any new offense committed by a Tier II offender.
Tier II Offenses require registration for 25 years and semiannual verification. It generally consists of non-violent sex offenses, involving minors:
•sex trafficking of minors 18 U.S.C. 1591
•transportation of minors with intent to engage in criminal sexual activity 18 U.S.C. 2423
•coercion and enticement (Mann Act) 18 U.S.C. 2422(b)
•sexual acts with minors age 12-15 18 U.S.C. 2243(a)
•sexual contact with minors age 12-15 18 U.S.C. 2244
•sexual offenses involving those in custody, and the actor has custodial, supervisory, or disciplinary authority 18 U.S.C. 2243(b)
•offenses where minors are used in prostitution
•offenses where minors are used in sexual performance
•offenses involving the production or distribution of child pornography
•any attempt or conspiracy to commit of any of the above
•any new offense committed by a Tier I offender
Tier I Offenses require registration for 15 years and annual verification.
This tier is for sex offenses that do not fall into the higher tiers, and includes both felonies and misdemeanors. States can include any conduct that by nature is a sex offense, although Tier I is generally reserved for nonviolent offenses where the victim has reached the age of consent:
•sexual contact without permission 18 U.S.C. 2244(b)
•offenses involving simple possession of child pornography
•offenses involving public indecency (some states limit this to where the victim is a minor)
•offenses involving voyeurism 18 U.S.C. 1801
•Sex offender registration continues to be applied to offenses in addition to rape, child molestation, and child pornography crimes.
Sex Offender Public Notice
The databases of sex offenders are accessible to the public. Methods of disclosure include community notifications, government websites, or privately maintained third party websites. In America, sex offenders are often categorized into three groups: Level I offenders, who are at low risk to reoffend; Level II offenders, who are at moderate risk to reoffend; and Level III offenders, who are at high risk to reoffend.
Additional Restrictions Beyond Public Notice
Sex offenders who have finished probation or parole can also be governed by constraints far beyond those placed on traditional felons. In many states, sex offenders can not reside within a particular distance of locations where children or families assemble. These places usually include schools, churches, and parks. At times these restrictions also include public venues (stadiums), airports, apartments, malls, stores, shopping centers, and certain neighborhoods (unless for essential business). Some states even restrict the activities of registered sex offenders on Halloween, requiring them to avoid Halloween-related contact with minors and stay at their registered home address from 5PM to 10:30PM, unless they are required to work that evening. Regardless of whether they are at work, offenders must extinguish all outside residential lighting and post a sign stating, "No candy or treats at this residence."
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