Legislation

• 42 U.S.C. 16901 et. seq. (SORNA)
• Relevant Provisions from Title 18 of the U.S. Code

Federal Sex Offender Legislation

• 1994 - Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act - Enacted as a part of the Omnibus Crime Bill of 1994, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act:
  
  
• Established guidelines for states to track sex offenders.
• Required states to track sex offenders by confirming their place of residence annually for ten years after their release into the community or quarterly for the rest of their life if the sex offender was convicted of a violent sex crime.
  
  
• Final Guidelines for the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act
  
  
• 1996 - Megan's Law - During the mid 1990's every state and Washington, DC passed a "Megan's Law." In January of 1996 Congress enacted Megan's Law. The federal "Megan's Law":
  
  
• Provided for the public dissemination of information from states' sex offender registries.
• Required state and local law enforcement agencies to release relevant information necessary to protect the public about persons registered under a State registration program established under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.
• Provided that information collected under state registration programs could be disclosed for any purpose permitted under a state law.
  
  
• 1996 - The Pam Lychner Sex Offender Tracking and Identification Act of 1996 - This law required the Attorney General to establish a national database for the FBI to track the location of a certain category of sex offenders. The law also:
  
  
• Mandated those sex offenders living in a state without a minimally sufficient program to register with the FBI.
• Required the FBI to periodically verify sex offender addresses.
• Allowed for the dissemination of information necessary to protect the public to federal, state and local officials responsible for law enforcement activities or for running background checks pursuant to the National Child Protection Act.
• Contained provisions relating to notification of the FBI and state agencies when a mandated sex offender moved to another state.
  
  
• 1997 - The Jacob Wetterling Improvements Act - Passed as part of the Appropriations Act of 1998, the Jacob Wetterling Improvements Act took several steps to amend provisions of the Jacob Wetterling Act. This law:
  
  
• Required that state courts, or acceptable alternative procures or legal standards, be used to make a determination about whether a convicted sex offender should be considered a sexually violent offender.
• Required registered offenders who change their state of residence to register under the new state's laws.
• Required registered offenders to register in the states where they worked or went to school if those states were different from their state of residence.
• Directed states to participate in the national sex offender registry.
• Extended sex offender registration requirements to sex offenders convicted in federal or military courts.
  
  
• 1998 - Protection of Children from Sexual Predators Act - This Act contained several provisions which:
  
  
• Amended the federal criminal code making it illegal to use the mail or other means of interstate and foreign commerce to transmit materials used in the production of child pornography, to transmit specified personal information of minors with the intent to engage in illegal sexual activity, or to knowingly transmit obscene material to a child under the age of 16.
• Increased penalties for several categories of federal crimes related to the sexual exploitation of children.
• Required electronic communication service providers to report any knowledge of circumstances where a violation of a child pornography law was apparent to designated law enforcement agencies.
• Freed electronic communication service providers from liability pursuant to their efforts to comply with this Act.
• Directed the Bureau of Justice Assistance to carry out the Sex Offender Management Assistance (SOMA) program to help eligible states to comply with registration requirements.
• Directed the FBI to create an investigative center, the Investigative Programs Critical Incident Response Group, to assist federal, state and local authorities in investigating child abductions, mysterious disappearances of children, child homicide, and serial murder.
• Prohibited federal funding to programs that gave federal prisoners access to the internet without supervision.
  
  
• 2000 - The Campus Sex Crimes Prevention Act - Passed as part of the Victims of Trafficking and Violence Protection Act, the Campus Sex Crimes Prevention Act:
  
  
• Required any person who was required to register in a state's sex offender registry to notify the institution of higher education at which the sex offender worked or was a student of their status as a sex offender; and to notify the same institution if there was any change in their enrollment or employment status.
• Required that the information collected as a result of this Act be reported promptly to local law enforcement and entered promptly into the appropriate state record systems.
• Amended the Higher Education Act of 1965 to require institutions obligated to disclose campus security policy and campus crime statistics to also provide notice of how information concerning registered sex offenders could be obtained.
  
  
• 2003 - Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act:
  
  
• Expanded supervised release provisions and increases penalties for some sex offenses.
• Created a pilot program to run fingerprint checks on child service providers and volunteers to see if they had criminal records.
• Authorized electronic surveillance for suspects of some sex crimes.
• Eliminated a statue of limitations and pretrial release for selected sex crimes.
• Required law enforcement agencies to report all missing persons up to the age of 21 to the National Crime Information Center.
• Directed the Attorney General to appoint a national AMBER Alert Coordinator.
• Directed the AMBER Alert Coordinator to establish standards for issuing alerts, the extent of alert dissemination and the appropriate geographic area for alerts, including the dissemination of information about the special needs of victims to appropriate public officials.
• Authorized grant programs to develop communications and notifications systems along highways and assist states in the development and enhancement of alert systems.
• Authorized Secret Service agents, at the request of state or local law enforcement officials, to provide assistance in an investigation involving missing and exploited children.
• Prohibited producing or distributing images, under specified conditions, that depict a minor engaging in sexual conduct, even if no minor was involved in the production.
• Prohibited using or inducing a minor outside of the United States to engage in sexually explicit conduct for the propose of production of images for transportation to the United States.
• Required states to maintain a web site containing registry information.
• Required the Department of Justice to maintain a web site with links to each state web site (The Dru Sjodin National Sex Offender Public Web site).
• Authorized appropriations to help defray state costs for compliance with new sex offender registration provisions.
  
  
• 2006 - Adam Walsh Child Protection and Safety Act:
  
  
• Increases mandatory minimum sentences for sex offenders.
• Upgrades sex offender registration and tracking provisions.
• Increases penalties for internet crimes against children.
• Strengthens child pornography prevention laws.
• Establishes a Sex Offender Management Assistance (SOMA) program within the Justice Department to help jurisdictions implement the previous sections of the Act.
• Creates the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office) in OJP to administer the standards for sex offender notification and registration, administer the grant programs authorized by the Adam Walsh Act, and coordinate related training and technical assistance.
• Authorizes a Department of Justice grant program for jurisdictions to create or operate a civil commitment program for sex offenders.
• Establishes a Bureau of Justice Assistance grant program for local law enforcement for hiring/training personnel, conducting investigations, or purchasing technology in an effort to combat child sexual abuse.
• Authorizes funds for voluntary child fingerprinting programs, and efforts to educate parents and children about online safety.
  
  

State Legislation

For news on recent state legislation you please go to the criminal justice section of the National Conference of State Legislatures web site.