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DesideriScuri -> RE: Iowa sex offenders issued gun permits (5/5/2013 11:54:40 AM)
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quote:
ORIGINAL: DomKen
quote:
ORIGINAL: defiantbadgirl
quote:
ORIGINAL: DarkSteven
Oh, God.
Someone can get convicted as a sex offender if they took a leak by the side of the road. By lumping these people in with violent rapists under the "sex offender" label, this kind of stupid stuff is inevitable.
How many years do those on the list for stupid shit like pissing outside have to register as sex offenders?
In most (all?) states the registry is for life no matter the offence.
Not really, Ken.
Adam Walsh Act (2006)quote:
Adam Walsh Act (2006) {bold mine}
[edit]Legal authority
Title I of the Adam Walsh Child Protection and Safety Act, the Sex Offender Registration and Notification Act, abbreviated as SORNA, and codified under 42 U.S.C.16911 et seq., is a federal mandate requiring U.S. jurisdictions to update their sex offender registration laws to conform with federal guidelines. States that do not substantially implement SORNA face a mandatory 10% penalty in their Bureau of Justice Assistance grant under 42 U.S.C. 3750 et seq.[24]
[edit]Tiers of offenses
Crimes that are deemed sex offenses for registration purposes have been expanded under SORNA. Each state must decide which tier violations of state law belong to, depending on the following guidelines, and then enact statutes that tier each criminal offense. This is in contrast to the current method in some states, where prosecutors or the courts tier individual offenders.
Thus, an offender's tier under this scheme is based on the particular statute to which an offender plead guilty, or was convicted of. So an offender's tier is not necessarily based on the seriousness of the crime, nor does it reflect the danger or re-offense risk of the offender. However, offenses must be punishable by imprisonment for more than 1 year (i.e. a felony) to be classified higher than Tier I.
Violations of state law are tiered according to the federal offenses to which they are comparable, or more serious than. Note that for federal purposes, sexual act typically refers to sexual penetration, while sexual contact refers to a touching offense, though sexual act can include sexual contact depending on the reading of the statute.[25]
Tier III Offenses require lifetime registration and quarterly verification, involve:[26]
- sexual acts involving force or carried out under threat, 18 U.S.C. 2241(a)[27]
- sexual acts with one whom the actor causes unconscious, or impairs by drugging or intoxication, 18 U.S.C. 2241(b)[27]
- sexual acts with a child under the age of 12, 18 U.S.C. 2241(c)[27]
- sexual acts with one whom is mentally incapable of appraising, or physically incapable of declining, or communicates unwillingness of, the sex act, 18 U.S.C. 2242[28]
- sexual contact with a child under the age of 12, 18 U.S.C. 2244(c)[29]
- non-parental kidnapping or false imprisonment of minors,
- any attempt or conspiracy to commit of any of the above, and
- any new offense committed by a Tier II offender.
Tier II Offenses require registration for 25 years and semiannual verification. It generally consists of nonviolent sex offenses, involving minors:[26]
- sex trafficking of minors, 18 U.S.C. 1591[30]
- transportation of minors with intent to engage in criminal sexual activity, 18 U.S.C. 2423[31]
- coercion and enticement (Mann Act), 18 U.S.C. 2422(b)[32]
- sexual acts with minors age 12-15, 18 U.S.C. 2243(a)[33]
- sexual contact with minors age 12-15, 18 U.S.C. 2244[29]
- sexual offenses involving those in custody, and the actor has custodial, supervisory, or disciplinary authority, 18 U.S.C. 2243(b)[34]
- 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, and
- 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 its 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)[29]
- 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[35]
[edit]Retroactive application
The required retroactive application of requirements will be defined by criteria relating to the nature of their sex offenses. For example a tier 3 sex offender who was released from imprisonment for such an offense in 1930 will still have to register for the remainder of their life. A tier 2 sex offender convicted in 1980 is already more than 25 years out from the time of release. In such cases, a jurisdiction may credit the sex offender with the time elapsed from his or her release.
[edit]Application to offenses other than felony sexual offenses
Sex offender registration has been applied to crimes other than rape, child molestation, and child pornography offenses.
In Connecticut, those with state convictions for certain misdemeanors have to register, including: Public Indecency, in violation of C.G.S. § 53a-186, provided the court finds the victim was under 18; and Sexual Assault, 4th Degree, in violation of C.G.S. § 53a-73a.[36]
In New York and various other states, crimes that society does not necessarily view as sexual in nature are also considered to be registerable sex offenses, such as kidnapping, "sexual misconduct", unlawful imprisonment, and in some cases "sexually motivated offenses" (such as assault, burglary, etc.) that are not categorized as sexual offenses unless the court determines that the offense was committed pursuant to the offender's own sexual gratification. In New York specifically, kidnapping and unlawful imprisonment are registerable offenses only if the victim is under 17 and the offender is not a parent of the victim.[37]
In Kentucky, all sex offenders who move into the state and are required to register in their previous home states are required to register with Kentucky for life, even if they were not required to register for life in their previous residence.[38]
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