Sex Offender Registration 

and Notification 

in the United States

Current Case Law and Issues

March 2018
Sex Offender Registration and Notification in the United States: Current Case Law and Issues March 2018

Contents

I. Overview of U.S. Sex Offender Registration.........................................................................1

Registration is a Local Activity.................................................................................................1

Federal Minimum Standards ...................................................................................................1

National Sex Offender Public Website .....................................................................................1

Federal Law Enforcement Databases...................................................................................... 2

Federal Corrections ................................................................................................................. 3

Federal Law Enforcement and Investigations......................................................................... 3

II. Who Is Required to Register? .......................................................................................... 3

‘Sex Offenders’......................................................................................................................... 4

Kidnapping .............................................................................................................................. 4

‘Catch-All’ Provisions .............................................................................................................. 4

Comparable Convictions from Other Jurisdictions ................................................................ 4

Elements vs. Facts ................................................................................................................... 4

Recidivists................................................................................................................................ 5

III. Registration of Juvenile Offenders .................................................................................. 5

Juvenile Registration Requirements Vary Across Jurisdictions............................................. 5

Issues Unique to Juvenile Adjudications ................................................................................ 6

Federal Juvenile Delinquency Act........................................................................................... 6

IV. Military Registration........................................................................................................ 6

V. Retroactive Application & Ex Post Facto Considerations.....................................................7

United States Supreme Court...................................................................................................7

Federal Courts .........................................................................................................................8

Significant State Court Decisions ............................................................................................ 8

Additional Court Opinions ...................................................................................................... 8

VI. Other Constitutional Issues ............................................................................................. 8

Varied Successful Challenges .................................................................................................. 9

Interaction Between SORNA and State Law..........................................................................10

Jury Determination of Obligation to Register as a Sex Offender...........................................10

Ineffective Assistance of Counsel ...........................................................................................10

VII. Sex Offender Registration and Notification in Indian Country...................................... 11

Tribal Residents and State Registration Responsibilities ...................................................... 11

VIII. Failure to Register .......................................................................................................12

Failure to Register as a ‘Continuing Offense’ .........................................................................12

Failure to Register as a ‘Strict Liability’ Offense ....................................................................12

‘Incarceration’ as It Affects Registration Responsibilities .....................................................12
Sex Offender Registration and Notification in the United States: Current Case Law and Issues March 2018

Notice......................................................................................................................................12

Prosecution Based on Failure to Update Information ...........................................................12

Venue......................................................................................................................................12

IX. Residency Restrictions....................................................................................................13

X. Miscellaneous .....................................................................................................................13

Defamation.............................................................................................................................13

Fair Credit Reporting Act .......................................................................................................13

Homeless & Transient Offenders ...........................................................................................13

HUD Housing .........................................................................................................................14

Immigration & Deportation ...................................................................................................14

Impeachment..........................................................................................................................14

Sentencing Enhancement Under Federal Law.......................................................................14

XI. Conclusion.......................................................................................................................15

Endnotes ....................................................................................................................................16

Disclaimer: The U.S. Department of Justice makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the contents of this update, and expressly disclaims liability for errors 

and omissions in the contents of this update. The information appearing in this update is for general 

informational purposes only and is not intended to provide legal advice to any individual or entity. We 

urge you to consult with your own legal advisor before taking any action based on information appearing 

in this update.
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I. Overview of U.S. Sex Offender Registration

Sex offender registration and notification schemes have existed in the United States for 

decades. These systems are loosely referred to as sex offender registries. We begin this summary 

with an outline of those systems.

Registration is a Local Activity

In the United States, sex offender registration is conducted at the local level. Generally, 

sex offenders in the United States1 are required to register with law enforcement in each state, 

locality, territory or tribe where they reside, work or attend school.2 Every U.S. state, the District 

of Columbia, the five principal U.S. territories and over 125 federally recognized Indian tribes have 

their own sex offender registration and notification systems.3 Every one of these systems has its 

own nuances and distinct features. Every jurisdiction (state, territory and tribe) makes its own 

determinations about who is required to register, what information offenders must provide, which 

offenders are posted on the jurisdiction’s public registry website, and so forth.

Although the federal government does not directly administer sex offender registries, it is 

involved in sex offender registration and notification in meaningful ways.4

Federal Minimum Standards

Congress has enacted various measures setting “minimum standards” for jurisdictions to 

implement in their sex offender registration or notification systems.5 The first of these was passed 

in 1994 and is commonly referred to as the “Wetterling Act.” This Act established a set of minimum standards for registration systems for the states.6 Two years later, Congress passed “Megan’s 

Law” as a set of minimum standards for community notification.7 The current set of standards —

the Sex Offender Registration and Notification Act (SORNA) — was passed in 2006.8

If a state, tribe or territory chooses not to substantially implement SORNA’s standards, 

the jurisdiction risks losing 10 percent of its Edward R. Byrne Justice Assistance Grant (Byrne 

JAG) funds.9 As of March 1, 2018, 18 states, four territories and over 125 federally recognized 

Indian tribes have substantially implemented SORNA.10 Among jurisdictions that have substantially implemented SORNA, registration and notification laws vary.11 Practitioners are advised to 

become familiar with the specific registration and notification systems in all jurisdictions where

they plan to work.

National Sex Offender Public Website

The National Sex Offender Public Website (NSOPW), located at www.nsopw.gov, was created by the U.S. Department of Justice in 2005 and is administered by the Office of Sex Offender 

Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office).12 NSOPW 

works much like a search engine: Jurisdictions connect their public sex offender registries to 

NSOPW by way of a web service or automated upload to enable NSOPW to query the jurisdictions’ 

websites. Only information that is publicly listed on a jurisdiction’s public sex offender registry 

website will display in NSOPW’s search results. The Department of Justice does not administer 

the registration information searched for or displayed on NSOPW, and only ensures that jurisdictions’ registries can be queried through and results displayed on NSOPW.13
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Note that some jurisdictions do not post information about all of their registered offenders on their public registry website: A search of NSOPW is not a comprehensive search of all registered offenders nationwide.

The National Sex Offender Public Website

www.nsopw.gov

Federal Law Enforcement Databases

Federal databases are utilized by law enforcement across the country to access accurate 

information about registered sex offenders. Registering agencies and other law enforcement entities submit the information necessary to populate these databases:14

• The National Sex Offender Registry (NSOR) is a law-enforcement only database that 

is a file of the National Crime Information Center (NCIC) database managed by the 

Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) 

division. It was created in the late 1990s to store data on every registered sex offender 

in the United States, and to provide law enforcement nationwide access to that data.15

• The Next Generation Identification (NGI) system officially replaced the legacy fingerprint database at the FBI (IAFIS) in October 2014.16 NGI fingerprint records are linked 

to the offender’s corresponding NSOR record at CJIS.

• The National Palm Print System (NPPS) is the database for palm prints housed with 

the FBI.

• The Combined DNA Index System (CODIS) is the national DNA database administered by the FBI.
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SORNA requires that jurisdictions submit information on all of their registered sex offenders to NSOR, and ensure that all of their offenders’ fingerprints have been submitted to NGI, 

palm prints to NPPS and DNA profiles to CODIS.17

Federal Corrections

The federal government is also involved with sex offenders housed in federal correctional 

institutions. Specifically, some federal government agencies are required to notify local law enforcement when a sex offender is released from federal custody. Military detention issues are discussed in the section on military registration.

The Bureau of Prisons (BOP) does not register sex offenders prior to their release from 

incarceration, as registration is primarily a function of state, territory and tribal governments.

However, 18 U.S.C. § 4042(c) requires that BOP or a federal probation officer notify the chief law 

enforcement officer and registration officials of the appropriate state, tribe or local jurisdiction 

whenever a federal prisoner required to register under SORNA is released from custody.18 In 

2014, BOP issued guidelines governing its release of sex offenders.19

The Bureau of Indian Affairs (BIA), as an agency of the Department of the Interior, it is 

not governed by the terms of 18 U.S.C. § 4042(c). There are no generally applicable statutory or 

administrative requirements for the BIA-operated detention centers (approximately one-quarter 

of the 90 BIA detention centers) to notify local law enforcement when a sex offender is released 

from custody.

The Department of Homeland Security’s (DHS) Immigration and Customs Enforcement

(ICE) Enforcement and Removal Operations (ERO) is generally responsible for detaining and deporting undocumented individuals who are present within the United States. As of 2012, 5 percent 

of the nearly 60,000 aliens under an Order of Supervision in the community after being released 

from detention and pending deportation actions had been previously convicted of a sex offense.20

In 2015 DHS issued a rule amending its Privacy Act provisions to permit the transfer of information from DHS to any sex offender registration agency about an offender who is released from 

DHS custody or removed from the United States.21 Like the Bureau of Prisons and BIA detention 

facilities, offenders are not registered prior to their release from ICE custody.

Federal Law Enforcement and Investigations

SORNA designated the United States Marshals Service (USMS) as the lead agency in investigations of suspected violations of the federal failure to register statute, 18 U.S.C. § 2250. To 

further their investigative capacity, the USMS established the National Sex Offender Targeting 

Center in 2009.22

II. Who Is Required to Register?

Nearly all registration requirements in the United States are initially triggered by a conviction for a criminal offense.23 Most jurisdictions limit their registration and notification systems 

to persons convicted of sex offenses and nonparental kidnapping of a minor. Some states also 

include other violent or dangerous offenders in their registration and notification systems.24
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‘Sex Offenders’

Federal courts have interpreted SORNA as directly imposing a duty on a person to attempt 

to register if they meet the federal definition of “sex offender.”25 SORNA’s standards call for jurisdictions to register all persons who have been convicted of a tribal, territory, military, federal or 

state sex offense.26 In addition, certain foreign sex offense convictions will also trigger a registration requirement under SORNA.27 In practice, a jurisdiction generally will not register an offender 

unless that jurisdiction’s laws require that the offender be registered.28 At least one state has 

concluded that if a person has ever been required to register as a sex offender pursuant to federal 

law, that person is required to register in the state.29 In addition, at least one state imposes the 

registration requirements of the originating state, even if the receiving state’s requirements are 

less stringent.30

Kidnapping

The inclusion of kidnapping offenses in sex offender registration systems is a legacy of the 

first federal legislation regarding sex offender registration in 1994.31 Inclusion of kidnapping offenses in a jurisdiction’s sex offender registry has been largely upheld by the courts.32

‘Catch-All’ Provisions

When jurisdictions specifically outline the offenses that require registration, there is little 

question as to who is required to register. Most jurisdictions also include catch-all provisions, 

which, in varying forms, require any person convicted of an offense that is “by its nature a sex 

offense” to register. One court concluded that the state need only prove by “clear and convincing” 

evidence that an offender engaged in sexual contact to qualify under its catch-all registration provision,33 while another held that such proof must meet the “beyond a reasonable doubt” standard.34

Comparable Convictions from Other Jurisdictions

A more difficult situation arises when a convicted sex offender moves from one jurisdiction 

to another, and the new jurisdiction has to make a determination as to whether the person is 

required to register there. Most jurisdictions require registration if a person was convicted of an 

out-of-state offense that is “comparable,” “similar” or “substantially similar” to one or more of the 

receiving jurisdiction’s registerable offenses.35 When a state’s registration system treats persons 

convicted of in-state offenses differently from those convicted out-of-state, equal protection problems may arise.36 On occasion, offenders have had their convictions expunged, but still might face 

registration requirements in other states; at least one state has issued an Attorney General opinion determining that “out-of-state offenders whose convictions have been expunged must register 

...[so long as] they were required to register” in another jurisdiction as a sex offender.37

Elements vs. Facts

Determinations of whether an offense fits under one of these catch-all or comparable provisions has led to a great deal of litigation.38 Some jurisdictions look at the elements of the offense 

of conviction, while others also look at the underlying facts.39 Often, courts take an expansive view 

of which offenses trigger registration requirements; sometimes, however, the approach can be 

quite narrow.40
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Recidivists

In many states, as under SORNA’s requirements, an offender who has been convicted of 

more than one sex offense is subject to heightened registration requirements. One court has held 

that the two (or more) offenses do not need to arise out of separate proceedings to trigger increased requirements.41

III. Registration of Juvenile Offenders

State juvenile justice systems within the United States have handled juvenile sex offender 

registration in different ways. For example, at the time of SORNA’s passage, 36 states required 

certain juveniles adjudicated delinquent of sex offenses to register as sex offenders, while the remainder did not require any such juveniles to register. SORNA’s minimum standards require registration for certain juvenile offenders adjudicated delinquent of serious sex offenses.42 However, 

SORNA does not require jurisdictions to disclose information about juveniles adjudicated delinquent on their public registry websites.43 

On August 1, 2016, the Supplemental Guidelines for Juvenile Registration under the Sex 

Offender Registration and Notification Act were published in the Federal Register.44 In the event 

that a jurisdiction does not exactly conform with SORNA’s juvenile registration requirements, the 

Juvenile Supplemental Guidelines permit the SMART Office to expand its inquiry in the process 

of determining if a jurisdiction has substantially implemented SORNA’s juvenile registration provisions. Specifically, the Juvenile Supplemental Guidelines allow the SMART Office to review the 

following:

(i) Policies and practices to prosecute as adults juveniles who commit serious sex offenses; 

(ii) Policies and practices to register juveniles adjudicated delinquent for serious sex offenses; and 

(iii) Other policies and practices to identify, track, monitor or manage juveniles adjudicated 

delinquent for serious sex offenses who are in the community and to ensure that the records of their identities and sex offenses are available as needed for public safety purposes.45

Juvenile Registration Requirements Vary Across Jurisdictions

Despite SORNA’s requirement that juveniles adjudicated delinquent of certain offenses 

register as a sex offender, the implementation of this provision varies across jurisdictions.46 Some 

jurisdictions do not register any juveniles at all; some limit the ages of the offenders who might 

be registered; some limit the offenses for which they might be registered; and others limit the 

duration, frequency or public availability of registration information.47 Some jurisdictions have 

mandatory registration provisions for certain juveniles, some are discretionary, and some have a 

hybrid approach.48 At least one jurisdiction required a person who committed an offense at age 

12 — who would not have been required to register under SORNA had an adjudication occurred 

at the time of the offense — to register as an adult because the conviction for that offense did not 

occur until after the individual was 18.49
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As with adult registration requirements, registration requirements for juveniles are generally triggered by the equivalent of a conviction for a sex offense in juvenile court, which is typically referred to as an “adjudication of delinquency.” Most jurisdictions mandate registration for 

juveniles transferred and convicted for sex offenses in adult court. In addition, one federal circuit 

court has held that a person previously adjudicated delinquent of a SORNA-registerable offense 

in state court can be ordered to register as a sex offender as a mandatory condition of probation 

for a subsequent, unrelated federal conviction.50

Because of the varying nature of juvenile justice systems across jurisdictions, problems 

often arise when a juvenile is adjudicated delinquent in one jurisdiction and then moves to another.51 Many of those issues mimic the issues discussed above regarding adult offenders.

Issues Unique to Juvenile Adjudications

There are some issues unique to juvenile court cases. When a jurisdiction requires that 

juveniles be subjected to registration requirements more onerous than those imposed on adults 

convicted of the same offense, equal protection issues exist.52 In two states, courts ruled that the 

automatic lifetime registration requirement as applied to adjudicated juveniles unconstitutionally 

violated due process and, in one of those states, the prohibition against cruel and unusual punishment.53 However, when a juvenile court judge refuses to order a juvenile to register, as required 

by statute, a writ of mandamus may be successfully pursued by the state.54 

Federal Juvenile Delinquency Act

There are particular issues which arise when a person is ordered to register by a federal 

court because of a federal adjudication of delinquency for a sex offense.55 In particular, multiple 

courts have held that it is not a contravention of the Federal Juvenile Delinquency Act confidentiality provisions to require such individuals to register as a sex offender.56

IV. Military Registration

Prior to 2015, no provision of federal law (since the passage of SORNA) generally enabled 

or permitted federal authorities to register sex offenders such that the information from those 

registrations would be submitted to any national database. However, in 2015, Congress amended 

SORNA to require the Department of Defense (DoD) to provide information to NSOR and 

NSOPW on any sex offender who is adjudged by courts-martial or released from a military corrections facility.57 In 2016, DoD issued an instruction establishing policies for the “identification, 

notification, monitoring and tracking of DoD-affiliated personnel” who are registered sex offenders.58

Offenders convicted by military tribunals of registerable sex offenses are generally required under SORNA to register with any jurisdiction where they live, work or go to school.59

Through a series of statutory and administrative cross-references, SORNA requires that persons 

convicted of a Uniform Code of Military Justice (UCMJ) offense listed in Department of Defense 

Instruction 1325.07 must register as a sex offender.60

Given the unique structure of the military justice system, state jurisdictions must determine which military convictions will be recognized as registerable offenses — and how they will 

be categorized. For example, a state-level requirement to register based on a conviction of a sex 

offense in “federal court” was held to also include a court-martial from a military court.61 Issues 
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also arise when trying to compare uniquely military offenses that might have a sexual component 

— such as “Conduct Unbecoming an Officer” — to jurisdiction-level sex offenses. In at least one 

state, an offender convicted under article 134 of the UCMJ for an offense relating to child pornography was required to register because the offense of conviction was determined to be a “like violation” to a state offense.62

If a person resides, works or attends school on a military base, depending on the source 

and how the federal government obtained the land where the base is located, a state or territory 

might not have jurisdiction over matters occurring thereon. In other words, the base may be a 

“federal enclave” where only federal law applies.63 Therefore, in some locations there may be sex 

offenders present on military bases who are not required to register with the state because they 

live, work and attend school solely on land considered to be a federal enclave. 

In part because of this problem, the Department of Defense (DoD) and Congress took steps 

to address the issue of convicted sex offenders in the military.64 As of 2013, a person required to 

register as a sex offender is not permitted to enlist or be commissioned as an officer in the Armed 

Forces.65 The Army requires that anyone convicted of a sex offense be processed for administrative separation.66 Further, the Army prohibits overseas assignments for any soldier convicted of a 

sex offense.67

Certain branches have also adopted policies and procedures to independently track and 

monitor sex offenders who are active duty members, civilian employees, contractors or dependents of active duty members located on U.S. military installations at home and abroad.68 For example, the Army now requires all sex offenders who reside or are employed on an Army installation (including those outside of the continental United States) to register with the installation 

provost marshal.69

V. Retroactive Application & Ex Post Facto Considerations

One of the first issues to be litigated as sex offender registration systems were established 

across the country was whether or not an offender who had been convicted prior to the passage of 

the laws requiring registration could be required to register.70 Numerous challenges to the retroactive application of registration laws were heard throughout the 1990s and 2000s.

United States Supreme Court 

In 2003, the United States Supreme Court seemingly settled the issue in the case of Smith 

v. Doe, a challenge from a sex offender in Alaska who argued that the imposition of registration 

requirements on him violated the ex post facto clause of the Constitution.71 The court held that 

registration and notification — under the specific facts of that case — were not punitive, and therefore could be retroactively imposed as regulatory actions.72

While the issue was settled for a time, subsequent litigation has ensued based on increased 

sex offender registration and notification requirements in many jurisdictions since the Doe decision.73 In a series of recent cases interpreting 18 U.S.C. § 2250, the Supreme Court has declined 

to take a fresh look at any ex post facto implications raised by the increasing requirements that 

have been placed on registered sex offenders over the past 15 years.74
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Federal Courts

From the Smith v. Doe decision until 2017, federal courts had nearly universally held that 

sex offender registration and notification schemes did not violate the ex post facto clause.75 However, in Doe v. Snyder, the Sixth Circuit Court of Appeals held that Michigan’s SORNA-implementing law is punitive and, therefore, could not be applied retroactively.76 The Supreme Court 

denied certiorari in the case in October 2017 and it is now binding for the states in the circuit: 

Kentucky, Michigan, Ohio and Tennessee.

Significant State Court Decisions

Eight state supreme courts in recent years have held that the retroactive application of 

their sex offender registration and notification laws violate their respective state constitutions.77

Other state courts have found issues with the retroactive application of their sex offender registration laws in less sweeping fashion.78 In 2017, the Supreme Court of Pennsylvania held that the 

application of the state’s SORNA-implementing law to a person whose offense occurred prior to 

the law’s effective date was unconstitutional under the ex post facto clause.79 Conversely, many 

courts continue to stand by the reasoning of the Smith v. Doe case in affirming the retroactive 

application of sex offender registration laws.80 However, at least one state that has found an ex 

post facto violation as applied to its own offenders does not apply to persons convicted in another 

state who then relocate.81

Some courts require the specific performance of a plea agreement or court order when sex 

offender registration was not specifically ordered by the sentencing court, was bargained away as 

part of plea negotiations or when an offender was given a specific classification or tier at sentencing.82 However, many states continue to permit registration and notification under such circumstances. For example, California held that a defendant was properly subjected to community notification in 2004 even though he had entered a plea agreement in 1991 that was silent on the 

issue.83

Additional Court Opinions 

A review of pertinent case law since the passage of SORNA reveals that, in one case, a 

federal court enjoined the enactment of Nevada’s SORNA-implementing legislation based on ex 

post facto concerns;84 although the federal court injunction has been lifted,85 the matter remains 

in litigation at the state level.86 In Texas, a writ of mandamus was granted compelling the Department of Public Safety to comply with a court order to remove an offender from the registry.87 In 

other states, some offenders have been able to be removed from the registry when the statute is 

changed in a way that benefits them.88 One court has held that increasing the penalties for a failure to register does not violate the ex post facto clause.89

Massachusetts requires a due process hearing before an offender is ordered to comply with 

its full registration requirements, including those convicted prior to the registration statute’s effective date.90 Applying community notification retroactively to Massachusetts’ existing Level 2

offenders was held to violate due process.91

VI. Other Constitutional Issues

Nearly all persons required to register as sex offenders must do so because they have been 

convicted of a criminal offense. Accordingly, by the time a person is actually required to register, 
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a number of constitutional protections have already been afforded — namely, those which inure 

to a defendant throughout the course of a criminal trial and sentencing. 

In prosecutions for failure to register cases or civil challenges to registration requirements, offenders have launched unsuccessful challenges based on the following arguments: takings,92 double jeopardy,93 procedural due process,94 substantive due process,95 equal protection,96

the right to a trial by jury,97 right to travel,98 cruel and unusual punishment,99 full faith and 

credit,100 the supremacy clause101 and separation of powers.102 Another set of constitutional arguments are those advanced by the “sovereign citizen movement,” which, though creative, have 

proven unsuccessful.103 In addition, in Bond v. United States,104 the Supreme Court granted 

standing to sex offenders to challenge SORNA on 10th Amendment grounds where previously 

they had no standing to do so, but no challenges on those grounds have been successful at the 

circuit level thus far.105

Varied Successful Challenges

Although, as noted above, the vast majority of constitutional challenges to sex offender 

registration and notification requirements are unsuccessful, there have been some notable decisions based on constitutional grounds. For example, a successful challenge was made in Maine 

utilizing the Bill of Attainder clause under Article I, Section 9 of the U.S. Constitution.106

There were two notable federal court decisions in 2017 where various provisions of state 

law were found to violate the Constitution. First, the United States Supreme Court held that a 

North Carolina law prohibiting registered sex offenders from accessing social media sites where 

minors are permitted (such as Facebook) violated the First Amendment.107 More than 1,000 people had previously been prosecuted under the law.108 Second, a federal court in Colorado found 

that the state’s sex offender registration and notification system violated both the Eighth and 14th 

Amendments.109

In addition to these two recent cases, state and federal courts have previously held the 

following: 

• The collection of internet identifiers violates the First Amendment110

• Being ordered to register as a sex offender triggers the protections of procedural due 

process111

• Publishing information about an offender’s “primary and secondary targets” violates 

due process112

• Being ordered to register as a parole condition violates due process when the underlying convictions are not sexual in nature113

• Requiring registration for a conviction for solicitation, and not prostitution, when each 

offense had the same elements, violates due process114

• A “three-strikes” sentence based on a failure to register conviction is cruel and unusual 

punishment115

• Mandatory life imprisonment for a second conviction of failure to register is cruel and 

unusual punishment116

• Requiring an offender to continue to register when he had been convicted of having 

consensual sex with his 14-year-old girlfriend (he was 18 at the time) and had his case 

successfully dismissed under a deferred disposition is cruel and unusual punishment117

In addition, the Pennsylvania Supreme Court invalidated a portion of the state’s SORNAimplementing law because it violated the “single subject” rule of its constitution.118
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Interaction Between SORNA and State Law

There have been some notable cases regarding the interaction between SORNA and the 

existing registration and notification laws in a state: Missouri has held that SORNA preempts 

state law to the extent that any state constitutional concerns are not implicated,119 and North Carolina concluded that SORNA is directly incorporated (in part) in to state law and that incorporation is not an unconstitutional delegation of legislative authority.120 In addition, Texas explicitly 

considers the federal duration of registration under SORNA in making a determination about 

whether an offender’s registration period can be terminated.121

Jury Determination of Obligation to Register as a Sex Offender

There are a number of Supreme Court cases that do not directly address sex offender registration, yet continue to have a bearing on litigation in the field.122 For example, the case of Apprendi v. New Jersey spurred a number of challenges to registration requirements; namely, contending that a jury should be required to determine whether an offender should be subject to the 

additional “punishment” of sex offender registration.123 The test as to whether sex offender registration constitutes “punishment” is the same as that used to determine whether something is “punitive” for purposes of an ex post facto analysis as discussed in the section on Retroactive Registration.124 To date, most challenges under Apprendi have been unsuccessful.125

Ineffective Assistance of Counsel

One frequent argument in failure to register cases is that the offender had ineffective assistance of counsel during the trial for the underlying sex offense, because counsel did not advise 

them that they would be required to register as a sex offender. Most of these cases have focused 

on sex offender registration as a “collateral consequence” of conviction;126 other cases involving 

whether a guilty plea is knowing, voluntary and intelligent have also discussed the issue.127At least 

one court has concluded that the heightened registration and notification requirements imposed 

on sex offenders have rendered any registration requirement a “direct consequence,” rather than 

a “collateral consequence,” of conviction.128

While most courts do not find any constitutional violation in these circumstances, one 

court held that an affirmative misrepresentation that an offender would not have to register as a 

sex offender is ineffective assistance of counsel;129 another determined that incorrect advice to an 

offender regarding whether he would be required to register as a sex offender is ineffective assistance of counsel;130 and a constitutional violation was found where counsel advised that an offender plead guilty to a charge of failure to register when the offender had never been convicted 

of an offense legally requiring registration.131 In addition, when an attorney does not advise their 

client of their duty to register and the court’s advisement is limited to an admonition that “[y]ou’d 

have to sign up with the sexual registry and different other things,” counsel’s performance is constitutionally insufficient.132

Padilla v. Kentucky

Padilla v. Kentucky133 held that counsel’s failure to correctly advise a client that a conviction would count as a deportable offense under the Immigration and Naturalization Act was deficient assistance under the Sixth Amendment.134 Since the decision in Padilla, a number of cases 

have addressed the issue of whether counsel’s failure to advise their client that a conviction would 
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result in sex offender registration also runs afoul of the Sixth Amendment; thus far, those challenges have been unsuccessful.135 The Supreme Court concluded that the holding in Padilla does 

not apply retroactively.136

VII. Sex Offender Registration and Notification in Indian Country

SORNA created, for the first time under federal law, the possibility for certain federally 

recognized tribes to register sex offenders who live, work or attend school on tribal lands.137 Generally, the tribes eligible to opt-in as SORNA registration jurisdictions are those who are not PL280 tribes.138 As of March 1, 2018, there are approximately 160 federally recognized tribes operating as SORNA registration jurisdictions: They either have established — or are in the process of 

establishing — a sex offender registration and notification program.

The vast majority of the more than 125 tribes that have substantially implemented SORNA 

have used the Model Tribal Code, which was developed by Indian Law experts in conjunction with 

the SMART Office and fully covers all of SORNA’s requirements.139 Many tribes have passed more 

rigorous registration requirements than the states within which they are located — in particular, 

those tribes located within states that have not substantially implemented SORNA.140 For example, in addition to possible criminal sanctions for failure to register, tribes are also generally able 

to exclude any person (such as a convicted sex offender) from their lands altogether.141

There are legal issues unique to Indian Country that impact the registration of tribal sex 

offenders or the enforcement of sex offender registration requirements against persons who reside on tribal lands or were convicted by tribal courts. For example, because of the different standards regarding the right to counsel in some tribal courts, it was sometimes argued that prosecuting 

a person based in part on an underlying tribal conviction violates the Sixth Amendment. However, 

in United States v. Bryant142 the United States Supreme Court held that tribal court convictions 

obtained in proceedings that comply with the Indian Civil Rights Act may be used as predicate 

convictions in a subsequent federal prosecution.143

Tribal Residents and State Registration Responsibilities

Further complications may develop when an offender lives on tribal land but was convicted of a state or federal offense. One question that arises is whether an offender who exclusively 

lives, works and attends school on tribal land can be compelled to register with the state within 

which that tribal land is located. If the offender cannot be compelled to register with the state, it 

falls to the tribe to register the offender, if the tribe has opted-in to SORNA’s provisions and is 

operating as a registration and notification jurisdiction under its terms.

For example, in New Mexico, the state cannot impose a duty to register on enrolled tribal 

members living on tribal lands who have been convicted of federal sex offenses.144 In neighboring 

Arizona, persons living in Indian Country are required to keep their registration current with both 

the state and the tribe.145 In Arizona, however, a tribal member residing on tribal land could not 

be prosecuted under state law for failure to register unless that tribe’s registration responsibilities 

had been delegated to the state via SORNA’s delegation procedure.146
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VIII. Failure to Register

Nearly all jurisdictions that require sex offender registration also have a criminal penalty 

for failure to register as a sex offender. Such penalties may facilitate compliance with the sex 

offender registration process. The following are a sample of some of the prominent issues that 

arise in state-level failure to register prosecutions.

Failure to Register as a ‘Continuing Offense’

Many jurisdictions hold that a failure to register is a “continuing offense,” much like larceny or escape, such that a person cannot be prosecuted for multiple failures to register within a 

given time frame.147

Failure to Register as a ‘Strict Liability’ Offense

Many jurisdictions require a mens rea (i.e., criminal intent) of some sort be proven before 

a person can be convicted of failure to register,148 while others hold that it is a strict liability offense.149

‘Incarceration’ as It Affects Registration Responsibilities

Although offenders are not generally required to maintain their sex offender registration 

while incarcerated, offenders who are part of a state department of corrections residential work 

release program may have a duty to maintain their registration information while there.150

Notice

All jurisdictions require notice of registration requirements be given to sex offenders prior 

to them being held criminally liable for failure to register. That notice can be “imperfect,”151 or 

even constructive, and still be found sufficient and valid.152 However, there are situations where 

notice will be found insufficient.153

Prosecution Based on Failure to Update Information

Most jurisdictions require sex offenders to update their registration information when that 

registration information changes. In one state, the failure to provide an online identifier supported a conviction for failure to update a registration.154 In another, however, a change of residence outside of the U.S. did not require the offender to update the state registry, and a failure to 

do so could not be prosecuted under state law.155

Venue

Generally speaking, the proper venue for a failure to register case is the jurisdiction in 

which the person has failed to comply with his registration requirements.156 In addition, at least 

one state has held that there is no need to prove where an offender was during the time that he 

failed to register.157
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IX. Residency Restrictions

SORNA does not address or require residency restrictions in any way. These residency 

restrictions are generally passed and enforced on a local or municipal level, although a state, tribe 

or territory can pass such provisions.158 When a jurisdiction chooses to impose residency restrictions on registered sex offenders, such restrictions may prohibit registered sex offenders from 

residing within a certain perimeter of schools, day care centers, parks and other locations frequented by children. 

In North Carolina, one portion of the state’s residency restriction provisions was recently 

held to be unconstitutionally vague.159 Other significant opinions have been issued in previous 

years. For example, in California, certain residency restrictions were held unconstitutional asapplied on due process grounds.160 In New York and some other states, municipal residency restrictions have been invalidated because they were preempted by state law.161 In another case, a 

residency restriction was deemed to be punitive and therefore not retroactively applicable.162 The 

11th Circuit recently permitted a case to proceed where the plaintiffs allege that Florida’s residency 

restrictions are punitive.163 More frequently, however, local residency restrictions have been upheld,164 such as in Colorado, where a local ordinance that in effect bars certain sex offenders from 

living within a city was not preempted by state law.165

X. Miscellaneous

The status of having been convicted of a sex offense, being required to register as a sex 

offender or having failed to register as a sex offender, can trigger other legal issues in a variety of 

contexts.166

Defamation

Defamation is a civil tort action which can be pursued when someone’s reputation in the 

community has been injured by false or malicious statements.167 Some individuals have unsuccessfully made claims under 42 U.S.C. § 1983 on the basis of defamation, when they were posted 

on the sex offender registry website without the due process provided by statute.168

Fair Credit Reporting Act

Certain people have had limited success in pursuing claims under the Fair Credit Reporting Act when they have been incorrectly reported by a credit bureau as having prior sex offense 

convictions.169

Homeless & Transient Offenders

Homeless or transient sex offenders engender litigation as states have tried to enforce registration requirements. Many states are rewriting their laws to clarify that these offenders are required to register.170 This issue has recently come to the fore in Chicago, where there has been a 

great deal of civil litigation based on the city’s policy to deny registration to any sex offender who 

lacked a fixed address.171

In most cases, an offender’s homelessness has not prevented a successful prosecution for 

failure to register, although sometimes statutory or evidentiary problems have arisen.172 Differing 
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check-in requirements for homeless offenders as opposed to offenders who have a residence address have been affirmed.173 Homeless offenders have also been successfully prosecuted for failing 

to update their “residence” location.174 In one case, a court found that when an offender repeatedly 

uses a “mail drop” address as his legal address, he “resides” at that location for the purposes of a 

prosecution for failure to register as a sex offender.175 In another, when an offender still technically 

lived at the same address, even though he lived in an outbuilding or his truck rather than the main 

residence, he could not be prosecuted for a failure to update his residence address.176 However, in 

an attempt to prosecute a long-haul trucker for failure to register, a conviction could not be had, 

even when he had prolonged absences from his registered residence.177

HUD Housing

One collateral consequence of a state-imposed lifetime sex offender registration requirement is that a person is no longer permitted to be admitted to any “federally assisted housing.”178

Some courts have held that once a person has been admitted to a federal program such as Section 

8,179 they cannot be thereafter terminated because of a new, or newly discovered, lifetime sex offender registration requirement,180 while others take a different approach.181 A person may be 

prosecuted for perjury if they have lied on an application for Section 8 housing about a lifetime 

registered sex offender living in the residence.182 One recent case permitted the termination of a 

beneficiary’s federal assistance based only on the fact that the address displayed on the jurisdiction’s public sex offender registry website for the individual was in a federally subsidized housing 

development.183

Immigration & Deportation

A recent case analyzed in detail the requirement of the Adam Walsh Act that a person 

convicted of a specified offense against a minor is not entitled to file a petition to sponsor a fiancé(e) or family member unless the Secretary of the Department of Homeland Security determines that the offender poses no risk to the person on whose behalf the petition is filed.184

Convictions for failure to register have triggered subsequent deportation proceedings in 

some cases. There is currently a circuit split as to whether a conviction for a state failure to register offense is a crime involving “moral turpitude” under the immigration code such that a person 

is removable because of that conviction.185

When a naturalized U.S. citizen received his citizenship at least in part because he concealed a prior serious sex offense conviction, he can be denaturalized and have his citizenship 

revoked.186

Impeachment

Generally speaking, rules of evidence permit attacking the credibility of a witness by way 

of introducing evidence of certain prior convictions. In one state, a conviction for failure to register was determined to be a “crime of deception,” rendering it admissible in a subsequent criminal 

trial to impeach the defendant’s testimony.187

Sentencing Enhancement Under Federal Law

Under federal law, additional punishment can result if certain crimes are committed while 

an offender is required to register as a sex offender. Under 18 U.S.C. § 2260A, the commission of 

certain offenses against a minor while the perpetrator is required to register as a sex offender 
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under any law will result in a 10-year mandatory minimum sentence to run consecutively to any 

other sentences imposed.188 The retroactive application of these provisions does not violate the ex 

post facto clause.189

XI. Conclusion

The statutes, regulations and laws addressing sex offender registration and notification in 

the United States are varied and complex. While this summary seeks to provide updated and accurate information, practitioners are advised to conduct their own research to confirm that they 

are utilizing the most current information available and applicable in their jurisdiction. 

For any questions about SORNA itself or for more information about any of the SMART 

Office projects described in this resource, please feel free to contact the SMART Office at 

asksmart@usdoj.gov or visit our website at www.smart.gov.
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Endnotes

1 Except for military offenders, addressed in more detail in the “Military Registration” section of this 

update.

2 Colleges must also annually include in a security report a statement advising the campus community of 

the location where information about registered sex offenders on campus may be obtained. Institutional 

Security Policies and Crime Statistics, 34 C.F.R. § 668.46(b)(12).

3 Federally recognized tribes located in PL-280 states typically have their registration functions handled 

by the state within which their lands are located. 34 U.S.C. § 20929(a)(2)(A), citing Pub. L. No. 83-280, c. 

505, 67 Stat. 588 (1953) (codified at 18 U.S.C. § 1162). 

4 Cong. Research Service Report 7-5700, Federal Involvement in Sex Offender Registration and Notification: Overview and Issues for Congress, In Brief (March 25, 2015), available at 

www.fas.org/sgp/crs/misc/R43954.pdf. 

5 For a comprehensive legislative history of federal sex offender registration and notification legislation, 

see Lori McPherson, The Sex Offender Registration and Notification Act (SORNA) At 10 Years: History, 

Implementation, and the Future, 64 Drake L. Rev. 741 (2016), available at lawreviewdrake.files.wordpress.com/2015/01/mcpherson-final.pdf.

6 Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, Pub. L. No. 

103-322, § 170101, 108 Stat. 2038 (1994). This was an incentive-based system, where states would be penalized (via loss of federal grant funds) for a failure to implement its terms. The five principal U.S. territories 

(American Samoa, Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico and the U.S. Virgin 

Islands) were included under Wetterling’s requirements by way of Final Guidelines issued in April 1996. 

Final Guidelines for the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 61 Fed. Reg. 15,110 (April 4, 1996).

7 In the same way that the Wetterling Act’s provisions were incentive-based (see supra text accompanying note 6), so were the provisions of Megan’s Law.

8 34 U.S.C. §§ 20901-20945. All United States Code references are current as of January 2018. SORNA 

was reclassified from Title 42 of the U.S. Code to Title 34 in 2017. Editorial Reclassification: Title 34, United 

States Code, uscode.house.gov/editorialreclassification/t34/index.html; SMARTWatch Dispatch, Editorial 

Reclassification of SORNA: SORNA Provisions Moved from Title 42 to Title 34, www.smart.gov/pdfs/Dispatch-Title34-Oct2017.pdf. 

Three sets of guidelines have been issued to assist in the implementation of SORNA. The National 

Guidelines for Sex Offender Registration and Notification, 73 Fed. Reg. 38,030 (July 2, 2008) [hereinafter 

Final Guidelines]; Supplemental Guidelines for Sex Offender Registration and Notification, 76 Fed. Reg. 

1630 (Jan. 11, 2011) [hereinafter Supplemental Guidelines]; Supplemental Guidelines for Juvenile Registration under the Sex Offender Registration and Notification Act, 81 Fed. Reg. 50,552 (Aug. 1, 2016) [hereinafter Juvenile Supplemental Guidelines]. Guidelines provisions, standing alone, generally do not create 

an additional basis for criminal liability under 18 U.S.C. § 2250, United States v. Belaire, 480 Fed. Appx. 

284 (5th Cir. 2012) (defendant could not be prosecuted for failing to update “temporary lodging” information when neither originating nor destination state required such information to be provided). But see 

United States v. Piper, 2013 U.S. Dist. LEXIS 113059 (D. Vt. Aug. 12, 2013).

9 For any state or territory, the penalty is contained in 34 U.S.C. § 20927: 

For any fiscal year after the end of the period for implementation, a jurisdiction that fails, 

as determined by the Attorney General, to substantially implement this title shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the 

jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968.

If the 10 percent penalty is assessed, the jurisdiction can apply for reallocation of those funds to use 

for purposes of implementing SORNA.
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For tribes that elect to function as registration jurisdictions, the penalty contained in 34 U.S.C. § 

20927 may apply, if the tribe qualifies for that funding, which is determined by formula. However, there is 

a separate and significant penalty for noncompliance by tribes contained in 34 U.S.C. § 20929: For any 

federally recognized tribe that the Attorney General determines has “not substantially implemented the 

requirements of [SORNA] and is not likely to become capable of doing so within a reasonable amount of 

time,” the statute creates automatic delegation of SORNA functions: 

. . . to another jurisdiction or jurisdictions within which the territory of the tribe is located 

[and requires the tribe] to provide access to its territory and such other cooperation and 

assistance as may be needed to enable such other jurisdiction or jurisdictions to carry out 

and enforce the requirements of [SORNA].

10 Current as of March 1, 2018. For the current list of implemented jurisdictions, please visit 

www.smart.gov/newsroom_jurisdictions_sorna.htm. For a comprehensive report on the efforts and challenges in implementing SORNA, see GAO-13-211, Sex Offender Registration and Notification Act: Jurisdictions Face Challenges to Implementing the Act, and Stakeholders Report Positive and Negative Effects 

(2013), available at www.gao.gov/assets/660/652032.pdf.

11 Official reports detailing the systems of each jurisdiction for which an official report has been completed 

by the SMART Office are available at www.smart.gov/sorna-map.htm. In addition, this year the SMART 

Office released the Sex Offender Registration and Notification Act (SORNA) State and Territory Implementation Progress Check, www.smart.gov/progress_check, which provides a brief overview of each state’s 

SORNA implementation status.

12 The precursor of NSOPW was NSOPR (the National Sex Offender Public Registry), which was the official name of the website from the time of its administrative creation in 2005 until the passage of SORNA 

in 2006 when it was renamed the Dru Sjodin National Sex Offender Public Website. Press Release, Dep’t 

of Justice, Office of Justice Programs, Department of Justice Activates National Sex Offender Public Registry Website (July 20, 2005), available at www.amberalert.gov/newsroom/pressreleases/ojp_05_0720.htm. By July of 2006, all fifty states were linked to NSOPR. Press Release, Dep’t of 

Justice, Office of Justice Programs, All 50 States Linked to Department of Justice National Sex Offender 

Public Registry Website (July 3, 2006), available at www.justice.gov/archive/opa/pr/2006/July/06_ag_414.html. 

13 The SMART Office administers the Tribe and Territory Sex Offender Registry System (TTSORS), which 

is a system developed particularly for federally recognized tribes and territories which had not previously 

operated a sex offender registration system or website. All of the information in TTSORS is supplied and 

administered by the jurisdictions. More information about TTSORS is available at 

www.smart.gov/pdfs/TTSORSFactSheet.pdf.

14 For example, a local police department might submit an offender’s fingerprints to the FBI at the time 

of arrest.

15 See Pam Lychner Sexual Offender Tracking and Identification Act of 1996, Pub. L. No. 104-236, 110 

Stat. 3093. 

16 NGI Officially Replaces IAFIS—Yields More Search Options and Investigative Leads, and Increased 

Identification Accuracy (Oct. 24, 2014), www.fbi.gov/services/cjis/cjis-link/ngi-officially-replaces-iafisyields-more-search-options-and-investigative-leads-and-increased-identification-accuracy.

17 In many cases, an offender will have had their fingerprints, palm prints or DNA submitted prior to the 

registration process, as part of their arrest, sentencing, incarceration or at some other point in the processing of their case. Registration agencies are not required to submit duplicate entries to federal databases 

where a fingerprint, palm print or DNA record already exists. Final Guidelines, supra note 8, at 38,057.

18 18 U.S.C. § 4042(c). The Bureau of Prisons is a Department of Justice subdivision and part of the Executive Branch. Federal probation officers are governed by the Administrative Office of the United States 

Courts, a Judicial Branch office.

19 Program Statement 5110.15, Notification Requirements Upon Release of Sex Offenders, Violent Offenders, and Drug Traffickers (May 16, 2014), available at www.bop.gov/policy/progstat/5110_017.pdf. The 
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form utilized by BOP to provide notice of registration responsibilities to its prisoners upon release can be 

found at www.bop.gov/policy/forms/BP_A0648.pdf. 

20 GAO-13-832, Ice Could Better Inform Offenders it Supervises of Registration Responsibilities and Notify Jurisdictions when Offenders are Removed (2013) at p. 1, available at www.gao.gov/assets/660/657831.pdf.

21 Notice of Amendment of Privacy Act System of Records, 80 Fed. Reg. 24,269 § HH (April 30, 2015). 

ICE-ERO uses the SORNA Exchange Portal to provide notifications to jurisdictions when a sex offender is 

released from ICE-ERO custody. For additional information about the SORNA Exchange Portal, see

www.smart.gov/pdfs/SORNA_Portalfactsheet.pdf. 

22 The National Center for Missing and Exploited Children (NCMEC) operates the Sex Offender Tracking 

Team (SOTT). SOTT publishes a biannual survey of the number of registered sex offenders in the United 

States. www.missingkids.com/en_US/documents/Sex_Offenders_Map.pdf. 

23 Withheld adjudications have been held to require registration under SORNA. See United States v. 

Bridges, 901 F. Supp. 2d 677 (W.D. Va. 2012), aff’d, 741 F.3d 464 (4th Cir. 2014) (withheld adjudication in 

Florida registerable under SORNA); Roe v. Replogle, 408 S.W.3d 759 (Mo. 2013) (“suspended imposition 

of sentence” is a “conviction” under SORNA). In some jurisdictions, registration is required when a person 

has been civilly committed, received a withheld adjudication, found “Not Guilty by Reason of Insanity” or 

incompetent to stand trial or when ordered to register by a probation officer. See Mayo v. People, 181 P.3d 

1207 (Colo. App. 2008) (civil commitment triggered requirement to register); Price v. State, 43 So.3d 854 

(Fla. Dist. Ct. App. 2010) (withheld adjudication); State v. Cardona, 986 N.E.2d 66 (Ill. 2013) (a finding of 

“not not guilty” for an incompetent defendant sufficient to require registration); State v. Olsson, 958 N.E.2d 

356 (Ill. App. Ct. 2011) (defendant found incompetent to stand trial was required to register); In re Kasckarow, 32 N.E.3d 927 (N.Y. Ct. App. 2015) (nolo contendere plea and withheld adjudication in Florida registerable in New York); Walters v. Cooper, 739 S.E.2d 185 (N.C. Ct. App.) (“Prayer for Judgment Continued” 

on a charge of sexual battery is a final conviction triggering requirement to register); State v. Townsend, 

2017 Tenn. Crim. App. LEXIS 277 (April 13, 2017) (nolo contendere plea followed by diversion of sentencing 

is not a “conviction” triggering registration requirement). But see United States v. Moore, 449 Fed. Appx. 

677 (9th Cir. 2011) (probation condition requiring registration for a tier I offender more than 15 years after 

the conviction was invalid). In addition, some jurisdictions require registration even if an offender has been 

pardoned for the underlying offense, In re Edwards, 720 S.E.2d 462 (S.C. 2011), had their underlying complaint dismissed and pleas vacated under a special statutory procedure, People v. Hamdon, 225 Cal. App. 

4th 1065 (2014) (procedure under California Penal Code 1203.4a), Witten v. State, 145 So. 3d 625 (Miss. 

2014) (procedure under California Penal Code 1203.4a), had their conviction for a sex offense vacated on 

double jeopardy grounds, Montoya v. Driggers, 320 P.3d 987 (N.M. 2014), and in some jurisdictions an 

offender can remain on the public registry website even if that offender no longer has any meaningful ties 

to the jurisdiction, Doe v. O’Donnell, 924 N.Y.S.2d 684 (N.Y. App. Div. 2011). But see Stallworth v. State, 

160 So.3d 1161 (Miss. 2015) (expungement of underlying conviction from Maryland entitles the defendant 

to relief from registration responsibilities in Mississippi).

24 For example, Montana’s violent offender registry is displayed with its sex offender registry information 

(app.doj.mt.gov/apps/svow). See Mont. Code § 46-23-502(13) (definition of “violent offense”). Other states 

have registries for other kinds of offenses. See In re M.A., 43 N.E.3d 86 (Ill. 2015) (13-year-old added to 

Illinois’ “Murderer and Violent Offender Against Youth” registry); State v. Brown, 399 P.3d 872 (Kan. 2017) 

(describing Kansas’ drug offense registry); State v. Galloway, 50 N.E.3d 1001 (Ohio Ct. App. 2015) (discussing Ohio’s Arson registry); Tennessee Animal Abuse Registry, Tennessee Bureau of Investigation, 

www.tn.gov/tbi/topic/tennessee-animal-abuse-registry; Ben Winslow, Governor Signs More Bills into 

Law, Including ‘White Collar Crime Registry,’ Fox 13 Now (March 24, 2015), available at 

fox13now.com/2015/03/24/governor-signs-more-bills-into-law-including-white-collar-crime-registry/

(Utah). 

25 34 U.S.C. § 20911(1). The bulk of these cases have been appeals of convictions under 18 U.S.C. § 2250 

and interpret the “initial registration” requirement contained in 34 U.S.C. § 20913. See Carr v. United 

States, 560 U.S. 438 (2010).

26 “Sex Offense” is defined in 34 U.S.C. § 20911(5)(A). For guidance on which persons convicted of UCMJ 

offenses are required to register, see United States v. Jones, 383 Fed. Appx. 885 (11th Cir. 2010) and the 

“Military Registration” section of this update.
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 27 34 U.S.C. § 20911(5)(B). See McCarty v. Roos, 2014 U.S. Dist. LEXIS 48363 (D. Nev., Apr. 8 2014) 

(describing the standard for registering a Japanese conviction under SORNA); Board of Examiners v. 

D’Agostino, 2015 N.Y. App. Div. LEXIS 5735 (July 2, 2015) (Cambodian conviction registerable in New 

York). 

28 In other words, there will be situations where SORNA imposes a registration requirement directly on 

an offender, but the jurisdiction where that offender lives, works or attends school refuses to register him, 

because the jurisdiction’s laws do not require registration for the offense of conviction. See Dep’t of Pub. 

Safety v. Doe, 94 A.3d 91 (Md. 2014) (state is not required to register an offender if the state’s laws do not 

require it).

29 Doe v. Toelke, 389 S.W.3d 165 (Mo. 2012) (“the [state] registration requirements apply to any person 

who ‘has been’ required to register as a sex offender pursuant to federal law. Consequently, even if Doe 

presently is not required to register pursuant to SORNA, he ‘has been’ required to register as a sex offender 

and, therefore, is required to register [with the state]”) (offender convicted in 1983 required to register, 

even though Missouri law only requires registration of persons convicted on or after January 1, 1995).

30 Oulman v. Setter, 2014 Minn. App. Unpub. LEXIS 842 (Aug. 4, 2014) (Colorado registration requirements imposed on offender who relocated to Minnesota).

31 Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, supra note 

6.

32 See Rainer v. State, 690 S.E.2d 827 (Ga. 2010) (non-parental false imprisonment is registerable); Moffitt v. Commonwealth, 360 S.W.3d 247 (Ky. Ct. App. 2012) (citing the legislative history of the Wetterling 

Act to support registration for kidnapping); People v. Knox, 903 N.E.2d 1149 (N.Y. 2009) (nonparental 

kidnapping and unlawful imprisonment is registerable); State v. Smith, 780 N.W.2d 90 (Wisc. 2010) (nonparental false imprisonment is registerable).

33 State v. Norman, 824 N.W.2d 739 (Neb. 2013).

34 In re K.B., 285 P.3d 389 (Kan. Ct. App. 2012).

35 See Doe v. Board, 925 N.E.2d 533 (Mass. 2010) (Maine conviction for unlawful sexual contact registerable in Massachusetts); Skaggs v. Neb. State Patrol, 804 N.W.2d 611 (Neb. 2011) (California conviction 

registerable in Nebraska); Lozada v. South Carolina Law Enforcement Division, 719 S.E.2d 258 (S.C. 2011) 

(Pennsylvania conviction for unlawful restraint registerable as kidnapping in South Carolina); In re

Shaquille O’Neal B., 684 S.E.2d 549 (S.C. 2009) (North Carolina juvenile adjudication for “indecent liberties between children” registerable in South Carolina); State v. Harbin, 2014 Tenn. Crim. App. LEXIS 959 

(Oct. 15, 2014) (Michigan conviction for criminal sexual conduct registerable in Tennessee); Scott v. State, 

2014 Tex. App. LEXIS 11410 (Oct. 16, 2014) (Illinois conviction for criminal sexual assault registerable in 

Texas). But see People v. Brooks, 296 P.3d 216 (Colo. 2012) (Texas conviction not registerable in Colorado); 

Sharma v. State, 670 S.E.2d 494 (Ga. Ct. App. 2008) (Texas conviction not registerable in Georgia); State 

v. Frederick, 251 P.3d 48 (Kan. 2011) (Minnesota adjudication for criminal sexual conduct not registerable 

in Kansas because it is not a “conviction” under Kansas law); Doe v. Sex Offender Registry Board, 11 N.E.3d 

153 (Mass. App. Ct. 2014) (federal conviction for Kidnapping of a minor not registerable in Massachusetts); 

State v. Hall, 294 P.3d 1235 (N.M. 2013) (California conviction for “annoying or molesting children” not 

registerable in New Mexico without evidence of actual conduct comparable to New Mexico offense, regardless of the elements of the offense); State v. Orr, 304 P.3d 449 (N.M. Ct. App. 2013) (conviction for “taking 

indecent liberties with children” in North Carolina not registerable in New Mexico); People v. Diaz, 2017 

N.Y. App. Div. LEXIS 2852 (April 13, 2017) (Virginia conviction for murder of a child, without any sexual 

conduct or motivation, did not require registration in New York); Dep’t Pub. Safety v. Anonymous, 382 

S.W.3d 531 (Tex. App. 2012) (Massachusetts conviction for indecent assault and battery not registerable in 

Texas); Ex parte Harbin, 297 S.W.3d 283 (Tex. Crim. App. 2009) (California conviction for “annoying or 

molesting a child” not registerable in Texas); State v. Howe, 212 P.3d 565 (Wash. 2009) (California conviction for “lewd acts upon a child” not registerable in Washington); State v. Werneth, 197 P.3d 1195 (Wash. 

Ct. App. 2008) (Georgia conviction for child molestation not registerable in Washington).

36 See Doe v. Pa. Bd. of Prob. & Parole, 513 F.3d 95 (3d Cir. 2008) (Pennsylvania’s disparate treatment of 

in-state and out-of-state offenders violated the Equal Protection Clause of the 14th Amendment).

37 Tenn. Att’y Gen. Op. 09-01 (Jan. 8, 2009), www.tn.gov/assets/entities/attorneygeneral/opinions/op09-001.pdf.
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 38 See United States v. Schofield, 802 F.3d 722 (5th Cir. 2015) (18 USC § 1470 registerable under SORNA, 

even though it is not listed); United States v. Dodge, 597 F.3d 1347 (11th Cir. 2010) (same); United States

v. Hahn, 551 F. 3d 977 (10th Cir. 2008) (probation conditions properly required registration in a fraud case 

when there was a prior state conviction for a sex offense); United States v. Byun, 539 F.3d 982 (9th Cir. 

2008) (conviction for alien smuggling which had underlying facts of sex trafficking properly triggered registration); United States v. Jensen, 278 Fed. Appx. 548 (6th Cir. 2008) (Conspiracy to Commit Sexual Abuse 

is a registerable offense). But see United States v. Jimenez, 275 Fed. Appx. 433 (5th Cir. 2008) (where only 

evidence of sexual misconduct was three unsubstantiated police reports, registration requirement was inappropriate); State v. Coman, 273 P.3d 701 (Kan. 2012) (bestiality is not a registerable offense); State v. 

Haynes, 760 N.W.2d 283 (Mich. Ct. App. 2008) (bestiality not registerable). 

39 See, e.g., Doe v. Sex Offender Registry Bd., 925 N.E.2d 533 (Mass. 2010) (may not consider facts underlying the conviction); Commonwealth v. Sampolski, 89 A.3d 1287 (Pa. Super. Ct. 2014) (looking to the 

elements of the offense).

40 See, e.g., State v. Duran, 967 A.2d 184 (Md. 2009) (determining that indecent exposure was not registerable because the lewdness element of the crime incorporated conduct that was not sexual in addition to 

that which could be sexual), superseded by statute, see Wallace v. State, Md. App. LEXIS 431 at *15-*19 

(2015).

41 Ward v. State, 288 P.3d 94 (Alaska 2012). SORNA’s provisions for enhanced tiering of recidivists are 

found in 34 U.S.C. § 20911(3)(C) & § 20911(4)(C).

42 SORNA’s minimum standards require that jurisdictions register juveniles who were at least 14 years 

old at the time of the offense and who have been adjudicated delinquent for committing (or attempting or 

conspiring to commit) a sexual act with another by force, by the threat of serious violence or by rendering 

unconscious or drugging the victim. “Sexual Act” is defined in 18 U.S.C. § 2246. 

43 The Supplemental Guidelines (2011) give jurisdictions full discretion over whether they will post information about juveniles adjudicated delinquent of sex offenses on their public registry website. Supplemental Guidelines, supra note 8.

44 Id.

45 SMARTWatch Dispatch, Juvenile Registration and SORNA (Sept. 2016), www.smart.gov/pdfs/juvenile-dispatch-final-2016.pdf.

46 A survey of the varying juvenile registration responsibilities imposed by each state can be found in A 

Snapshot of Juvenile Registration and Notification Laws: A Survey of the United States (2011), 

www.njjn.org/uploads/digital-library/SNAPSHOT_web10-28.pdf. 

47 See, e.g., Clark v. State, 957 A.2d 1 (Del. 2008) (lifetime registration requirement for juvenile was not 

contravened by requirement to consider the “best interests of the child” in fashioning a disposition). Some 

states go beyond SORNA’s requirements. See, e.g., State v. I.C.S., 145 So.3d 350 (La. 2014) (defendants who 

committed sex offenses prior to age 14, were not transferrable to adult court at that age, and whose offenses 

did not require registration upon a juvenile adjudication of delinquency were prosecuted in adult court in 

their 20s for those offenses and required to register); In re J.L., 800 N.W.2d 720 (S.D. 2011) (14-year-old 

boy adjudicated delinquent for nonforcible sex with his 12-year-old girlfriend was ordered to register for 

life).

48 See N.L. v. State, 989 N.E.2d 773 (Ind. 2013) (adjudicated juvenile may only be required to register 

after an evidentiary hearing, using the “clear and convincing” standard). For a complete summary of the 

juvenile registration schemes across the United States, see Smart Summary: Prosecution, Transfer, and 

Registration of Serious Juvenile Sex Offenders (2015), https://www.smart.gov/pdfs/SMARTSummary.pdf. 

49 State v. I.C.S., 145 So. 3d at 350.

50 United States v. Shannon, 511 Fed. Appx. 487 (6th Cir. 2013) (Ohio adjudication for Gross Sexual Imposition triggered registration condition in subsequent sentencing for possession of a firearm by a felon).

51 See, e.g., In re Crockett, 159 Cal. App. 4th 751 (Cal. Ct. App. 2008) (juvenile adjudicated delinquent of 

sex offense in Texas was not required to register when he moved to California); Murphy v. Commonwealth, 

500 S.W.3d 827 (Ky. 2016) (juvenile adjudicated delinquent in Michigan required to register in Kentucky, 

even though Kentucky-adjudicated juveniles are not required to register). 
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 52 See In re Z.B., 757 N.W.2d 595 (S.D. 2008) (treating juvenile sex offenders convicted of the same crimes 

as adult sex offenders differently and more harshly than the adult sex offenders served no rational purpose 

and violated the Equal Protection Clause of the 14th Amendment); cf. In re C.P.T., 2008 Minn. App. Unpub. 

LEXIS 929 (Aug. 5, 2008) (lifetime registration requirement for juveniles does not violate due process). 

53 In re C.P., 967 N.E.2d 729 (Ohio 2012) (due process and the prohibition against cruel and unusual 

punishment); In re J.B., 107 A.3d 1 (Pa. 2014) (procedural due process). Other courts have held that registration requirements as applied to juveniles adjudicated delinquent of a sex offense does not violate the 

Eighth Amendment. United States v. Under Seal, 709 F.3d 257 (4th Cir. 2013); People v. J.O., 2015 Colo. 

App. LEXIS 1319 (Aug. 27, 2015); see also In re Justin B., 747 S.E.2d 774 (S.C. 2013) (lifetime GPS monitoring of a juvenile adjudicated delinquent of a sex offense does not violate the Eighth Amendment).

54 Illinois ex. rel. Birkett v. Konetski, 909 N.E.2d 783 (Ill. 2009).

55 In 2010, the U.S. Supreme Court granted certiorari in a case where the Ninth Circuit had held that the 

juvenile registration provisions of SORNA were unconstitutional when applied retroactively. United States 

v. Juvenile Male, 581 F.3d 977 (2009), vacated and remanded, 131 S. Ct. 2860 (2011), appeal dismissed as 

moot, 653 F.3d 1081 (9th Cir. 2011). In its decision, however, the Supreme Court did not in any way address 

the question of the constitutionality of the retroactive application of SORNA’s requirement that certain adjudicated juveniles register as sex offenders.

56 United States v. Under Seal, 709 F.3d 257 (4th Cir. 2013); United States v. Juvenile Male, 670 F.3d 999 

(9th Cir. 2012). The Federal Juvenile Delinquency Act is found at 18 U.S.C. §§ 5031-5042.

57 Military Sex Offender Reporting Act of 2015 (Title V of the Justice for Victims of Trafficking Act of 

2015), Pub. L. No. 114-22, § 502, 129 Stat. 227 (codified at 34 U.S.C. § 20931).

58 Registered Sex Offender (RSO) Management in DoD, Dep’t of Defense Instruction 5525.20 (November 

14, 2016), www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/552520_dodi_2016.pdf. This instruction repealed a memorandum previously issued in 2015: Registered Sex Offender (RSO) Identification, 

Notification, and Monitoring in DoD, Directive-Type Memorandum (DTM) 15-003 (March 26, 2015).

59 United States v. Kebodeaux, 133 S.Ct. 2496 (2013). 

60 Administration of Military Correctional Facilities and Clemency and Parole Authority, Dep’t of Defense Instruction 1325.07, Appx. 4 to Enc. 2 (March 11, 2013), www.dtic.mil/whs/directives/corres/pdf/132507p.pdf. Although the United States Coast Guard is technically a part of the Department of Homeland Security, this Instruction also governs their proceedings. See Kebodeaux, 133 S.Ct. at 

2496.

61 Billingsley v. Alabama, 115 So.3d 192 (Ala. Crim. App. 2012).

62 Doe v. Sex Offender Registry Board, 23 N.E.3d 938 (Mass. 2015).

63 “Federal Enclave” is a legal term of art which refers to property that is either in whole or in part under 

the law enforcement jurisdiction of the United States Government. See generally the “Enclave Clause,” U.S. 

Const. art. I, § 8, cl. 17 (“[The Congress shall have Power...] [t]o exercise exclusive Legislation in all Cases 

whatsoever, over such District (not exceeding ten miles square) as may, by Cession of particular States, and 

the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like 

Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall 

be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”); see also 40 

U.S.C. § 3112 (2006) (concerning federal jurisdiction). A similar issue arises regarding offenders located 

within national parks or other federally held land that holds the status of “federal enclave.”

64 The Department of Defense has also acted by way of investigations and regulatory actions. In August 

2014, the Inspector General of the Department of Defense (DoD) issued a report regarding DoD’s compliance with SORNA. DODIG-2014-103, Evaluation of DoD Compliance with the Sex Offender Registration 

and Notification Act (August 29, 2014), available at web.archive.org/web/20170614201826/http://www.dodig.mil/pubs/documents/DODIG-2014-103.pdf.

65 National Defense Authorization Act for Fiscal Year 2013, Pub. L. No. 112-239, § 523, 126 Stat. 1723 

(codified at 10 U.S.C. § 504 note); Enlistment, Appointment, and Induction Criteria, 32 C.F.R. § 

66.6(b)(8)(iii) (2015).
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 66 See, e.g., Army Regulation 135-178, § 12-4 (2017); Antonieto Rico, Army to Discharge Convicted Sex 

Offenders, Military Times (Nov. 20, 2013), web.archive.org/web/20131127165311/http://www.militarytimes.com/article/20131120/NEWS/311200024/Army-discharge-convicted-sex-offenders. 

67 Initiating Separation Proceedings and Prohibiting Overseas Assignment for Soldiers Convicted of Sex 

offenses, Army Directive 2013-21.

68 See Army Regulation 190-45, § 2-7 (2016), available at

www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/web/r190_45_Web_FINAL.pdf. This regulation was 

heavily revised in 2016 and now provides detailed information about the responsibilities of convicted soldiers, Provost Marshals and Directors of Emergency Services.

69 Registration of Sex Offenders on Army Installations (inside and outside the Continental United States), 

32 C.F.R. § 635.6 (2016). Provost Marshal officials have also been directed to seek to establish Memoranda 

of Understanding with state and local sex offender registration officials to facilitate the flow of information 

regarding sex offenders (along with other criminal justice information). Establishing Memoranda of Understanding, 32 C.F.R. § 635.20 (2015); see also Army Regulation 27-10, §§ 24-1 to 24-4 (May 11, 2016) 

(Registration of Military Sexual Offenders), 

www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/web/r27_10_FINAL.pdf. The Navy also has its own policies, Policy for Sex Offender Tracking, Assignment, and Installation Access Restrictions, CNIC Instruction 

1752.1 (Feb. 7, 2011), www.cnic.navy.mil/content/dam/cnic/hq/pdfs/Instructions/01000%20Series/CNICINST%201752.1.pdf.

70 SORNA Guidelines require that jurisdictions register offenders whose “predicate convictions predate 

the enactment of SORNA or the implementation of SORNA in the jurisdiction” when an offender is —

(1) incarcerated or under supervision, either for the predicate sex offense or for some other crime;

(2) already registered or subject to a pre-existing sex offender registration requirement under the 

jurisdiction’s law; or

(3) re-enters the jurisdiction’s justice system because of a subsequent felony conviction.

The National Guidelines for Sex Offender Registration and Notification, 73 Fed. Reg. 38,030, 

38,046 (July 2, 2008); Supplemental Guidelines for Sex Offender Registration and Notification, 76 Fed. 

Reg. 1630, 1639 (Jan. 11, 2011).

71 Smith v. Doe, 538 U.S. 1009 (2003). 

72 Id.

73 See, e.g., Jensen v. State, 905 N.E.2d 384 (Ind. 2009) (person convicted after the initial passage of the 

law could be required to comply with amended requirements).

74 See United States v. Kebodeaux, 133 S.Ct. 2496 (2013) (assuming without deciding that Congress did 

not violate the ex post facto clause in enacting SORNA’s registration requirements); United States v. Juvenile Male, 131 S.Ct. 2860 (2011) (declining to address whether SORNA’s requirements violated the ex post 

facto clause on grounds of mootness); Carr v. United States, 560 U.S. 438 (2010) (declining to address the 

issue of whether SORNA violates the ex post facto clause).

75 See, e.g., Shaw v. Patton, 823 F.3d 556 (10th Cir. 2016); United States v. Parks, 698 F.3d 1 (1st Cir. 

2012); United States v. WBH, 664 F.3d 848 (11th Cir. 2011).

76 Doe v. Snyder, 834 F.3d 696 (6th Cir. 2016), cert. denied, 2017 U.S. LEXIS 4754 (Oct. 2, 2017).

77 Doe v. State, 189 P.3d 999 (Alaska 2008); Wallace v. State, 905 N.E.2d 371 (Ind. 2009); State v. Letalien, 985 A.2d 4 (Me. 2009); Doe v. Dep’t of Pub. Safety & Corr. Servs., 62 A.3d 123 (Md. 2013); State v. 

Williams, 952 N.E.2d 1108 (Ohio 2011); Starkey v. Okla. Dep’t of Corr., 305 P.3d 1004 (Okla. 2013) (detailing all case law from state courts regarding retroactive application of sex offender registration and notification statutes); Commonwealth v. Muniz, 2017 Pa. LEXIS 1682 (2017). One additional case along these lines, 

Doe v. Phillips, 194 S.W.3d 833 (Mo. 2006), has subsequently been rendered moot, Doe v. Keathley, 2009 

Mo. App. LEXIS 4 (Jan. 6, 2009). In 2016, an unusual series of cases in Kansas first held that the state’s 

registration system was punitive in effect — and thus retroactive application was unconstitutional — then 

overturned that decision. Doe v. Thompson, 373 P.3d 750 (Kan. 2016) (registration system is punitive); 

State v. Buser, 371 P.3d 886 (Kan. 2016) (same); State v. Redmond, 371 P.3d 900 (Kan. 2016) (same). But 
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see State v. Petersen-Beard, 304 Kan. 192 (2016) (registration system does not violate the Ex Post Facto 

clause).

78 The New Hampshire Supreme Court held that requiring lifetime registration without the opportunity 

for review violates the ex post facto provisions of the state’s constitution. Doe v. State, 111 A.3d 1077 (N.H. 

2015) (registration requirements can only be applied to the petitioner if he is “promptly given an opportunity for either a court hearing, or an administrative hearing subject to judicial review, at which he is permitted to demonstrate that he no longer poses a risk sufficient to justify continued registration ....[and] 

must be afforded periodic opportunities for further hearings, at reasonable intervals, to revisit whether registration continues to be necessary to protect the public”). In Pennsylvania, the retroactive application of a 

requirement to appear in person to update any changes to an offender’s registration information was held 

to violate the ex post facto clause. Cappolino v. Commissioner, 102 A.3d 1254 (Pa. Commw. Ct. 2014). But 

see Commonwealth v. Perez, 97 A.3d 747 (Pa. Super. Ct. 2014) (retroactive application of new registration 

scheme did not violate the ex post facto clause).

79 Commonwealth v. Muniz, 2017 Pa. LEXIS 1682 (2017). 

80 See, e.g., Shaw v. Patton, 823 F.3d 556 (10th Cir. 2016); State v. Henry, 228 P.3d 900 (Ariz. Ct. App. 

2010); Finnicum v. State, 673 S.E.2d 604 (Ga. 2009); State v. Yeoman, 236 P.3d 1265 (Idaho 2010); Illinois 

ex. rel. Birkett v. Konetski, 909 N.E.2d 783 (Ill. 2009); In re Nick. H., 123 A.3d 229 (Md. 2015); Smith v. 

Commonwealth, 743 S.E.2d 146 (Va. 2013); Kammerer v. State, 322 P.3d 827 (Wyo. 2014). In addition, one 

federal circuit concluded that retroactive application of New York’s registration amendments to an offender 

did not violate the ex post facto clause. Doe v. Cuomo, 755 F.3d 105 (2d Cir. 2014). 

81 State v. Zerbe, 50 N.E.3d 368 (Ind. 2016).

82 Commonwealth v. Hainesworth, 82 A.3d 444 (Pa. 2014) (defendant entitled to specific performance of 

his plea agreement, a component of whose negotiation was that he would not be required to register as a 

sex offender). But see Commonwealth v. Giannatonio, 114 A.3d 429 (Pa. Super. Ct. 2015) (extension of state 

duration of registration period did not violate Ex Post Facto when conviction secured pursuant to federal 

plea agreement).

83 Doe v. Harris, 302 P.3d 598 (Cal. 2013).

84 ACLU v. Masto, 2:08-cv-00822-JCM-PAL (D. Nev., Oct. 7, 2008). 

85 ACLU v. Masto, 670 F.3d 1046 (9th Cir. 2012). The Nevada Supreme Court also held that retroactive 

application of registration and notification requirements to juveniles adjudicated delinquent does not violate due process or the ex post facto clause. State v. Eighth Jud. Dist. Ct., 306 P.3d 369 (Nev. 2013); injunction dissolved, S.M. v. State, 2015 Nev. Unpub. LEXIS 131 (Feb. 6, 2015). 

86 Sandra Chereb, Nevada Supreme Court Stops Sex Offender Law from Being Implemented, Las Vegas 

Review Journal (July 1, 2016), www.reviewjournal.com/news/nevada/nevada-supreme-court-stops-sexoffender-law-being-implemented; Sandra Chereb, Nevada to Add Hundreds to Sex Offender Registry, Las 

Vegas Review Journal (June 3, 2016), https://www.reviewjournal.com/crime/nevada-add-hundreds-sexoffender-registry. 

87 McCraw v. Gomez, 2014 Tex. App. LEXIS 13911 (Dec. 30, 2014).

88 State v. Jedlicka, 747 N.W.2d 580 (Minn. App. 2008); see also Flanders v. State, 955 N.E.2d 732 (Ind. 

App. 2011).

89 Buck v. Commonwealth, 308 S.W.3d 661 (Ky. 2010).

90 See the procedure followed in Massachusetts, where the Sex Offender Registry Board must find that the 

offender poses a danger to the community before requiring registration: 803 CMR 106(B), available at

www.mass.gov/courts/docs/lawlib/800-899cmr/803cmr1.pdf. In Doe v. Sex Offender Registry Board, 41 

N.E.3d 1058 (Mass. 2015), the court held that the burden of proof for classification was no longer by a 

‘preponderance of the evidence’ but was constitutionally required to be by the higher standard of “clear and 

convincing evidence.” 

91 Moe v. Sex Offender Registry Board, 6 N.E.3d 530 (Mass. 2014).

92 Smith v. Commonwealth, 743 S.E.2d 146 (Va. 2013).

93 State v. Larson, 2008 Minn. App. Unpub. LEXIS 1525 (Dec. 30, 2008); State v. Sparks, 657 S.E. 2d 655 

(N.C. 2008); State v. Green, 230 P.3d 654 (Wash. App. 2010).
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 94 Murphy v. Rychlowski, 2017 U.S. App. LEXIS 15662 (7th Cir. Aug. 18, 2017); Meza v. Livingston, 607 

F.3d 392 (5th Cir. 2010) (defendant had a liberty interest in being free from registration requirements 

where he had not been convicted of a sex offense); State v. Arthur H., 953 A.2d 630 (Conn. 2008) (no due 

process hearing required); Doe v. Dep’t of Public Safety, 971 A.2d 975 (Md. App. 2009) (presumption of 

dangerousness flowing from a rape conviction was permissible); Smith v. Commonwealth, supra note 92. 

95 Litmon v. Harris, 768 F.3d 1237 (9th Cir. 2014) (requiring sexually violent predators to check in every 

90 days did not violate substantive due process); Woe v. Spitzer, 571 F.Supp.2d 382 (E.D.N.Y. 2008) (when 

amended statute extended the registration period by ten years three days before petitioner’s registration 

requirement expired, there was no protected liberty interest).

96 Doe v. Jindal, 2011 U.S. Dist. LEXIS 100408 (E.D. La., Sept. 7, 2011); State v. Dickerson, 97 A.3d 15 

(Conn. App. Ct. 2014). California has a long line of cases litigating equal protection issues in sex offender 

registration cases, based on People v. Hofsheier, 129 P.3d 29 (Cal. 2006), which was overruled in Johnson 

v. Cal. Dep’t of Justice, 341 P.3d 1075 (Cal. 2015). 

97 See Thomas v. United States, 942 A.2d 1180 (D.C. 2008) (underlying misdemeanor charges which required registration upon conviction were “petty” for purposes of the Sixth Amendment, and a jury trial was 

not required); In re Richard A., 946 A.2d 204 (R.I. 2008). But see Fushek v. State, 183 P.3d 536 (Ariz. 

2008) (because of the seriousness of the consequences of being designated a sex offender, jury trial must 

be afforded when there is a special allegation of sexual motivation in a misdemeanor case).

98 Doe v. Jindal, 2015 U.S. Dist. LEXIS 155908 (E.D. La. Nov. 18, 2015); State v. Smith, 344 P.3d 1244 

(Wash. App. 2015).

99 People v. Nichols, 176 Cal. App. 4th 428 (3d Dist. 2009) (28 years to life sentence for failure to register 

under California’s three-strikes law did not violate the Eighth Amendment); People v. T.D., 823 N.W.2d 101 

(Mich. 2011) (requiring a juvenile to register was not cruel and unusual punishment), dismissed as moot, 

821 N.W.2d 569 (Mich. 2012); State v. Blankenship, 48 N.E.3d 516 (Ohio 2015) (Tier II registration requirements for an offense committed when the offender was 21 and the victim was 15 is not cruel and unusual punishment). 

100 Rosin v. Monken, 599 F.3d 574 (7th Cir. 2010) (an offender convicted in New York was promised in his 

plea agreement that he would never have to register as a sex offender, but when he moved to Illinois and 

was required to register under its laws, it was not a violation of the Full Faith and Credit Clause); see Burton 

v. State, 977 N.E.2d 1004 (Ind. Ct. App. 2012) (state unsuccessfully argued that the Full Faith and Credit 

clause should apply).

101 United States v. King, 431 Fed. Appx. 630 (10th Cir. 2011).

102 State v. Caton, 260 P.3d 946 (Wash. Ct. App. 2011), rev’d on other grounds, 273 P.3d 980 (Wash. 2012).

103 Proponents of the sovereign citizen movement “believe they are not subject to federal or state statutes 

or proceedings, reject most forms of taxation as illegitimate, and place special significance on commercial 

law.” United States v. Harding, 2013 U.S. Dist. LEXIS 62471 (W.D. Va., May 1, 2013) (18 U.S.C. § 2250 

prosecution), quoting United States v. Brown, 669 F.3d 10 (1st Cir. 2012). In Harding the defendant argued 

that the federal court did not have jurisdiction over him, citing the Organic Act of 1871, the fact that his 

name was listed in all caps on the indictment, that there was no corpus delicti for the offense, and that the 

federal court was an “Admiralty Court” because the flag in the courtroom had fringe on it. Id. at *3-*15. 

104 564 U.S. 211 (2011), on remand at 681 F.3d 149 (3d Cir. 2012), cert. granted on other grounds, 568 

U.S. 1140 (2013). Thus far, 10th Amendment challenges raised under Bond have been unsuccessful. See 

United States v. Kidd, 2013 U.S. App. LEXIS 5032 (6th Cir., Mar. 11, 2013); United States v. Smith, 504 

Fed. Appx. 519 (8th Cir. 2012).

105 See United States v. Reynolds, 565 U.S. 432 (2012).

106 Doe v. Anderson, 108 A.3d 378 (Me. 2015) (holding, in part, that a guilty plea is not a “criminal trial”). 

But see Bell v. Pennsylvania Board of Probation & Parole, 2014 Pa. Commw. Unpub. LEXIS 460 (July 24, 

2014).

107 Packingham v. North Carolina, 137 S.Ct. 1730 (2017).

108 Id. at 1731.

109 Millard v. Rankin, 2017 U.S. Dist. LEXIS 140301 (D. Colo. Aug. 31, 2017).
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 110 Doe v. Prosecutor, Marion County, 705 F.3d 694 (7th Cir. 2013) (statute prohibiting sex offenders from 

using social networking websites, instant messaging services, and chat programs violated the First Amendment); Doe v. State, 898 F.Supp.2d 1086 (D. Ne. 2012) (requirement to provide internet identifiers found 

unconstitutional on First Amendment and other grounds); Doe v. Shurtleff, 2008 U.S. Dist. LEXIS 73787 

(D. Utah Sept. 25, 2008), vacated after legislative changes, 628 F.3d 1217 (10th Cir. 2010); Harris v. State, 

985 N.E.2d 767 (Ind. Ct. App. 2013) (statute prohibiting use of a social networking site by a registered sex 

offender violated the First Amendment). 

111 Brown v. Montoya, 662 F.3d 1152 (10th Cir. 2011).

112 State v. Briggs, 199 P.3d 935 (Utah 2008) (‘target’ information could include, among other things, a 

description of the offender’s preferred victim demographics).

113 Ex parte Evans, 338 S.W.3d 545 (Tex. Crim. App. 2011).

114 Doe v. Jindal, 851 F. Supp.2d 995 (E.D. La. 2012).

115 Gonzalez v. Duncan, 551 F.3d 875 (9th Cir. 2008).

116 Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008).

117 People v. Dipiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).

118 State v. Nieman, 84 A.3d 603 (Pa. 2013).

119 Doe v. Keathley, 2009 Mo. App. LEXIS 4 (Jan. 6, 2009). But see State v. Hough, 978 N.E.2d 505 (Ind. 

Ct. App. 2012); Andrews v. State, 978 N.E.2d 494 (Ind. Ct. App. 2012) (stating without deciding that the 

federal duty to register could apply if the offender engaged in interstate travel).

120 In re McClain, 741 S.E.2d 893 (N.C. 2013) (North Carolina’s registration law directly incorporates the 

clean record provisions of SORNA); see In re Hall, 768 S.E.2d 39 (N.C. Ct. App. 2014) (using SORNA’s 

tiering structure).

121 Tex. Code. Crim. Proc. §§ 62.402 & 62.405.

122 While beyond the scope of this update, other cases such as National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), and Arlington v. FCC, 569 U.S. 220 (2013), are having an impact on 

certain prosecutions under 18 U.S.C. § 2250.

123 530 U.S. 466 (2000). 

124 However, the fact that a state has found its sex offender registration and notification system “punitive” does not render any person registered under it “in custody” for purposes of a Habeas Corpus petition. Dickey v. Allbaugh, 664 Fed. Appx. 690 (10th Cir. 2016) (offender registered in Oklahoma). 

125 See People v. Mosley, 344 P.3d 788 (Cal. 2015) (residency restrictions are not “punishment” for the 

purposes of Sixth Amendment analysis); Colorado v. Rowland, 207 P.3d 890 (Colo. Ct. App. 2009); State 

v. Meredith, 2008 Minn. App. Unpub. LEXIS 324 (April 8, 2008).

126 The American Bar Association’s Collateral Consequences Project, http://www.abacollateralconsequences.org, has produced a standing resource which lists all collateral consequences which flow at the 

federal and state level for convictions of certain crimes. Users may select “sex offenses” as a search term 

and view all of the collateral consequences which may be imposed on persons so convicted.

127 See United States v. Cottle, 355 Fed. Appx. 18 (6th Cir. 2009); Mireles v. Bell, 2008 U.S. Dist. LEXIS 

2451 (D. Mich. Jan. 11, 2008); State v. Flowers, 249 P.3d 367 (Idaho 2011); Magyar v. State, 18 So.3d 807 

(Miss. 2009) (citing thorough collection of controlling case law across the country); People v. Gravino, 928 

N.E.2d 1048 (N.Y. 2010) (guilty plea); People v. Nash, 48 A.D.3d 837 (N.Y. App. Div. 3d Dep’t 2008); see 

also United States v. Molina, 68 M.J. 532 (U.S.C.G. CCA 2009) (mutual misunderstanding of registration 

requirement was grounds for withdrawing a guilty plea entered pursuant to a plea agreement); People v. 

Bowles, 89 A.D.3d 171 (N.Y. App. Div. 2011) (offender has the right to the effective assistance of counsel in 

a risk level assessment hearing). 

128 United States v. Riley, 72 M.J. 115 (C.A.A.F. 2013) (substantial basis to question the providence of guilty 

plea when the judge failed to ensure that the defendant understood the registration requirements associated 

with a plea of guilty). The Riley decision was clarified in United States v. Talkington, 73 M.J. 212 (2014), 

as applying only to considerations raised by the Padilla case and its progeny regarding the voluntariness of 
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guilty pleas, and is further clarified in Washington v. United States, 74 M.J. 560 (A.C.C.A. 2014), as not 

applying retroactively.

129 United States v. Rose, 2010 CCA LEXIS 251 (A.F. Ct. Crim. App. June 11, 2010). Contra Edmonds v. 

Pruett, 2014 U.S. Dist. LEXIS 116736 (E.D. Va. Aug. 20, 2014).

130 People v. Fonville, 804 N.W.2d 878 (Mich. Ct. App. 2011).

131 People v. Armstrong, 50 N.E.3d 745 (Ill. App. Ct. 2016).

132 Vaughn v. Nixon, 2015 U.S. Dist. LEXIS 164918 (M.D. Tenn. Dec. 9, 2015).

133 559 U.S. 356 (2010).

134 Id.

135 Rodriguez-Moreno v. Oregon, 2011 U.S. Dist. LEXIS 151123 (D. Or. Nov. 15, 2011) (failure to advise of 

registration requirements is not ineffective assistance of counsel); People v. Cowart, 28 N.E.3d 862 (Ill. 

App. Ct. 2015) (trial court failure to admonish regarding registration requirements is not constitutionally 

deficient); Embry v. Commonwealth, 476 S.W.3d 264 (Ky. 2015); Taylor v. State, 2016 Minn. LEXIS 786 

(Dec. 7, 2016) (distinguishing between deportation and predatory-offender registrations). Contra Taylor v. 

State, 698 S.E.2d 384 (Ga. Ct. App. 2010); People v. Dodds, 7 N.E.3d 83 (Ill. App. Ct. 2014); People v. 

Fonville, supra note 130; State v. Trotter, 330 P.3d 1267 (Utah 2014).

136 Chaidez v. United States, 568 U.S. 342 (2013).

137 34 U.S.C. § 20929.

138 See 34 U.S.C. § 20929(b)(2); 18 U.S.C. § 1162.

139 www.smart.gov/pdfs/MTSOR_Code.pdf. 

140 For example, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) was one of the first 

tribes to implement SORNA, and met all of SORNA’s requirements in doing so, see Substantial Implementation Report: Confederated Tribes of the Umatilla Indian Reservation at 

www.smart.gov/pdfs/sorna/ConfTribes-UmatillaIndianReservation.pdf. CTUIR is located entirely within 

the State of Oregon, which falls short of many of SORNA’s provisions. Maxine Bernstein, Sex Offenders in 

Oregon: State Fails to Track Hundreds, The Oregonian (Oct. 2, 2013), available at www.oregonlive.com/sexoffenders/special-presentation/ (Oregon only posts 2.5 percent of its registered sex offenders on its public sex offender registry website).

141 See United States v. Nichols, 2014 U.S. Dist. LEXIS 118129 (D. S.D. Aug. 20, 2014) (tribes have the 

inherent power to exclude outsiders from their territory).

142 136 S.Ct. 1954 (2016).

143 The Indian Civil Rights Act is found at 25 U.S.C. §§ 1301-1304. For previous cases holding that tribal 

court convictions could be used in subsequent federal prosecutions, see United States v. First, 731 F.3d 998 

(9th Cir. 2013) (admissible so long as the uncounseled conviction would not violate the Constitution) (possession of a firearm prosecution), United States v. Shavanaux, 647 F.3d 993 (11th Cir. 2011) (tribal court 

convictions that meet the due process requirements of the Indian Civil Rights Act may be admitted in subsequent federal prosecutions) (domestic violence prosecution), United States v. Cavanaugh, 643 F.3d 592 

(8th Cir. 2011) (domestic violence prosecution); Kirkaldie v. United States, 21 F.Supp. 3d 1100 (D. Mont. 

2014) (domestic violence prosecution), rev’d and remanded, 670 Fed. Appx. 452 (9th Cir. 2016). There are 

also cases that have interpreted the above decisions in other settings, see, e.g., United States v. Bundy, 966 

F.Supp. 2d 1175 (D. N.M. 2013) (tribal conviction did not meet the Shavanaux test) (DUI prosecution).

144 State v. Atcitty, 215 P.3d 90 (N.M. 2009).

145 United States v. Begay, 622 F.3d 1187 (9th Cir. 2010), abrogated on other grounds, United States v. 

DeJarnette, 741 F.3d 971 (9th Cir. 2013).

146 State v. John, 308 P.3d 1208 (Ariz. Ct. App. 2013). If such an offender had an independent registration 

responsibility because they worked or attended school on state lands in Arizona, they would be subject to 

the state’s registration laws and any failure to register (based on the requirements triggered by employment 

and/or school attendance) could therefore be prosecuted by the state.

147 See United States v. Ogburn, 590 Fed. Appx. 683 (9th Cir. 2015); State v. Cook, 187 P.3d 1283 (Kan. 

2008); Longoria v. State, 749 N.W.2d 104 (Minn. Ct. App. 2008). 
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 148 In re C.P.W., 213 P.3d 413 (Kan. 2009); People v. Haddock, 48 A.D.3d 969 (N.Y. App. Div. 2008); State 

v. Vick, 2010 Wash. App. LEXIS 2462 (Nov. 2, 2010).

149 Christie v. State, 2008 Ark. App. LEXIS 10 (Jan. 9, 2008); State v. T.R.D., 942 A.2d 1000 (Conn. 2008). 

When a crime is a strict liability offense, its elements do not include a need to prove mens rea or criminal 

intent.

150 State v. Wiles, 873 N.W.2d 301 (Iowa Ct. App. 2015).

151 Petway v. State, 661 S.E.2d 667 (Ga. App. 2008) (prerelease notice of registration requirements is not 

a prerequisite to the obligation to register); Barrientos v. State, 2013 Tex. App. LEXIS 7712 (June 24, 2013) 

(primarily Spanish-speaking defendant properly convicted even when all notices were in English and he 

claimed he did not understand his responsibilities).

152 See United States v. Leach, 2009 U.S. Dist. LEXIS 104703 (D. Ind. Nov. 6, 2009); United States v. 

Benevento, 633 F. Supp. 2d 1170 (D. Nev. 2009); State v. Bryant, 614 S.E.2d 479, 488 (N.C. 2005) (“the 

pervasiveness of sex offender registration programs [combined with additional factors in this case] certainly 

constitute circumstances which would lead the reasonable individual to inquire of a duty to register in any

state upon relocation”). North Carolina subsequently included a mens rea requirement into its failure to 

register statute. 2006 N.C. Session Laws, ch. 247, codified at N.C. Gen. Stat. § 14-208.11.

153 State v. Binnarr, 733 S.E.2d 890 (S.C. 2012) (notice of changed registration responsibilities sought to 

be proven by way of an unreturned letter, without more, does not prove actual notice sufficient to prosecute 

for failure to register).

154 State v. White, 58 A.3d 643 (N.H. 2012) (defendant failed to report the creation of a MySpace account).

155 State v. Lee, 286 P.3d 537 (Idaho 2012). While this was a state court prosecution, the provisions of 

International Megan’s Law amended the federal failure to register statute in order to prosecute individuals 

who fail to provide advance notice of international travel. See 18 U.S.C. § 2250(b). 

156 However, in United States v. Haslage, 853 F.3d 331 (7th Cir. 2017), the court held that venue for a 

violation of 18 U.S.C. § 2250 was only proper in the state where the offender traveled, then failed to register 

— not the state where the offender had originally registered.

157 State v. Peterson, 186 P.3d 1179 (Wash. Ct. App. 2008).

158 See, e.g., Cal. Penal Code § 3003.5; Idaho Code § 18-8329; 57 Okla. Stat. § 590.

159 Doe v. Cooper, 842 F.3d 833 (4th Cir. 2016) (prohibition on being present at “any place where minors 

gather for regularly scheduled educational, recreational, or social programs” is impermissibly vague).

160 In re William Taylor, 343 P.3d 867 (Cal. 2015).

161 Doe v. City of Lynn, 36 N.E.3d 18 (Mass. 2015); G.H. v. Twp. of Galloway, 951 A.2d 221 (N.J. 2008) 

(New Jersey law preempted municipal residency restrictions); People v. Diack, 26 N.E.3d 1151 (N.Y. 2015) 

(New York law preempts local residency restriction provisions); People v. Oberlander, 880 N.Y.S.2d 875 

(N.Y. Sup. Ct. 2009) (Rockland County residency restriction preempted by New York state law); People v. 

Blair, 873 N.Y.S.2d 890 (Albany City Ct. 2009) (Albany County residency restriction preempted by New 

York state law). Contra United States v. King, 431 Fed. Appx. 630 (10th Cir. 2011) (Oklahoma’s residency 

restrictions did not present an obstacle to complying with federal sex offender registration requirements).

162 See Commonwealth v. Baker, 295 S.W.3d 437 (Ky. 2009) (Kentucky’s residency restrictions exceeded 

the nonpunitive purpose of public safety and thus violated the Ex Post Facto clause); see also Duarte v. City 

of Lewisville, 759 F.3d 514 (5th Cir. 2014) (standing granted in challenge to residence restrictions suit), all 

claims dismissed on remand, 136 F.Supp. 3d 752 (E.D. Tex. 2015). But see McAteer v. Riley, 2008 U.S. Dist. 

LEXIS 26209 (M.D. Ala. March 31, 2008) (“The court expresses no opinion today on whether McAteer 

could present evidence and arguments to establish by the clearest proof that the residency and employment 

restrictions violate the ex post facto clause and leaves that question for another day”).

163 Doe v. Miami-Dade County, 838 F.3d 1050 (11th Cir. 2016).

164 State v. Stark, 802 N.W.2d 165 (S.D. 2011) (discussing state-level loitering and safety zone provisions).

165 Ryals v. City of Englewood, 2016 Colo. LEXIS 74 (Jan. 25, 2016). But see Millard v. Rankin, 2017 U.S. 

Dist. LEXIS 140301 (D. Colo. Aug. 31, 2017) (relying in part on certain localities’ residency restriction provisions in finding that Colorado’s registration scheme violated the Eighth and 14th Amendments).
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 166 The fact that a person has been convicted of a sex offense involving children can result in the revocation 

of a person’s Certified Shorthand Reporter’s License, Sonntag v. Stewart, 53 N.E.3d 46 (Ill. Ct. App. 2015), 

or their Ham radio license, FCC Reverses ALJ’s Decision, Revokes Convicted Sex Offender’s Ham License, 

ARRL.org, www.arrl.org/news/fcc-reverses-alj-s-decision-revokes-convicted-sex-offender-s-amateur-radio-license (Nov. 13, 2014). In at least one state, there is a statutory presumption against any registered sex 

offender being granted unsupervised visitation, custody or residential placement of a child. 13 Del. Code 

Ann. § 724A.

167 See Black’s Law Dictionary (Abr. 6th ed., 1991) at p. 288.

168 Balentine v. Tremblay, 554 Fed. Appx. 58 (2d Cir. 2014).

169 Meyer v. Nat’l Tenant Network, Inc., 10 F.Supp. 3d 1096 (N.D. Cal. 2014).

170 Santos v. State, 668 S.E.2d 676 (Ga. 2008) (registration requirements unconstitutionally vague); Rodriguez v. Maryland, 108 A.3d 438 (Md. Ct. App. 2015) (weekly registration requirement for homeless offenders not unconstitutional); State v. Crofton, 2008 Wash. App. LEXIS 1283 (June 2, 2008) (weekly registration requirement for homeless offenders permissible).

171 See Beley v. City of Chicago, 2015 U.S. Dist. LEXIS 163919 (N.D. Ill., Dec. 27, 2015), summary judgment 

granted, partial summary judgment denied 2017 U.S. Dist. LEXIS 28167 (N.D. Ill. Feb. 28, 2017); Saiger 

v. City of Chicago, 2014 U.S. Dist. LEXIS 83206 (N.D. Ill., June 19, 2014) (permitting plaintiff’s Due Process 

claim to proceed); Derfus v. City of Chicago, 42 F.Supp. 3d 888 (N.D. Ill. 2014), summary judgment 

granted, 2015 U.S. Dist. LEXIS 44529 (N.D. Ill. April 6, 2015); People v. Wlecke, 6 N.E.3d 745 (Ill. Ct. App. 

2014) (offender who lacked identification and was turned away from registering could not be convicted for 

failure to register).

172 See People v. Deluca, 176 Cal. Rptr. 3d 419 (Cal. App. 2d Dist. 2014) (even though shelter had limited 

hours, it counted as a “residence” for the purposes of registration); State v. Allman, 321 P.3d 557 (Colo. Ct. 

App. 2012) (offender used his car as a residence when working away from “home” during the week, was a 

“residence” for purposes of the statute); Branch v. State, 917 N.E.2d 1283 (Ind. Ct. App. 2009) (homeless 

defendant was successfully prosecuted for failure to register when he failed to inform authorities that he 

had left a shelter); Milliner v. State, 890 N.E.2d 789 (Ind. Ct. App. 2008) (offender kicked out of house by 

wife and staying with friends had to update his registration every time he moved); Tobar v. State, 284 

S.W.3d 133 (Ky. 2009) (when offender did not notify authorities of leaving homeless shelter, conviction for 

failure to register was proper); State v. Samples, 198 P.3d 803 (Mont. 2008) (when offender failed to notify 

authorities of leaving shelter, conviction was proper); Commonwealth v. Wilgus, 40 A.3d 1201 (Pa. Super. 

2009) (where defendant was unable to rent a room at his intended residence he had a duty to inform registry officials of a change of address); Breeden v. State, 2008 Tex. App. LEXIS 2150 (March 26, 2008) (offender who moved out of hotel into car in parking lot of hotel properly convicted and sentenced to 55 years). 

But see Commonwealth v. Bolling, 893 N.E.2d 371 (Mass. App. 2008) (offender did not need to update his 

address when he found a friend willing to take him in for a few days); State v. Dinkins, 810 N.W.2d 787 

(Wis. 2012) (offender was charged with failure to register, prior to release from incarceration, for failure to 

provide a residence address, and this was not permissible).

173 Lamberty v. Delaware, 108 A.3d 1225 (Del. 2015).

174 McRae v. State, 2015 Nev. Unpub. LEXIS 1261 (Oct. 16, 2015).

175 United States v. Pendleton, 2009 U.S. Dist. LEXIS 85347 (D. Del. Sept. 18, 2009).

176 State v. Edwards, 87 A.3d 1144 (Conn. Ct. App. 2014).

177 Nikolaev v. State, 474 S.W.3d 711 (Tex. Ct. App. 2014).

178 42 U.S.C. § 13663; see also When Must I Prohibit Admission of Sex Offenders?, 24 C.F.R. § 5.856 

(2001); To What Criminal Records and Searches Does this Subpart Apply?, 24 C.F.R. § 5.901 (2001); 

What Special Authority is there to Obtain Access to Sex Offender Registration Information?, 24 C.F.R. § 

5.905 (2001); Fair Housing and Equal Opportunity, 24 C.F.R. § 578.93(b)(4) (2012); Denial of Admission 

for Criminal Activity or Drug Abuse by Household Members (2001) 24 C.F.R. § 960.204(a)(4); Denial of 

Admission and Termination of Assistance for Criminals and Alcohol Abusers, 24 C.F.R. § 982.553(a)(2) 

(2015). HUD issued guidance in 2012 describing the duties of owners, agents, and public housing authorities with regards to admitting registered sex offenders. State Registered Lifetime Sex Offenders in Federally Assisted Housing, portal.hud.gov/hudportal/documents/huddoc?id=12-28pihn12-11hsgn.pdf. This 
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guidance was drafted in part as a response to an Inspector General’s report which had been issued in 

2009. HUD Subsidized an Estimated 2,094 to 3,046 Households that Included Lifetime Registered Sex 

Offenders, Audit Rep’t No. 2009-KC-0001 (Aug. 14, 2009), www.hudoig.gov/sites/default/files/pdf/Internal/2009/ig0970001.pdf. 

179 “Section 8” refers to the housing assistance provisions contained in the United States Housing Act of 

1937, ch. 896, Title I, § 8 (Sept. 1, 1937), as amended.

180 Miller v. McCormick, 605 F.Supp.2d 296 (D. Me. 2009). But see State Registered Lifetime Offenders in 

Federally Assisted Housing, United States Dep’t of Housing and Urban Development, Notice PIH 2012-

28/H 2012-11 (June 11, 2012), portal.hud.gov/hudportal/documents/huddoc?id=12-28pihn12-11hsgn.pdf

(persons that are a sex offender subject to a lifetime registration requirement who are wrongfully admitted 

to Section 8 housing are subject to termination procedures).

181 Bostic v. D.C. Hous. Auth., 162 A.3d 170 (D.C. 2017).

182 Johnson v. California, 2011 U.S. Dist. LEXIS 101623 (C.D. Cal. July 25, 2011).

183 Henley v. Housing Auth. of New Orleans, 2013 U.S. Dist. LEXIS 62255 (E.D. La. May 1, 2013).

184 Struniak v. Lynch, 159 F.Supp. 3d 643 (E.D. Va. 2016). For the full text of the requirement, see 8 

U.S.C. § 1154(a)(1)(A)(viii)(I). Interoffice Memorandum from Michael Aytes, Assoc. Dir. Of Domestic Operations, U.S. Citizenship & Immigration Servs. to Reg’l Dirs. et al. (July 28, 2006), 

www.uscis.gov/sites/default/files/ USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/adamwalshact072806.pdf; see also Suhail v. United States Attorney General, 

2015 U.S. Dist. LEXIS 152884 (E.D. Mich. Nov. 12, 2015); In re Aceijas-Quiroz, 26 I. & N. Dec. 294 (BIA 

2014); In re Introcaso, 2014 26 I. & N. 304 (BIA 2014).

185 Bushra v. Holder, 529 Fed. Appx. 659 (6th Cir. 2013) (conviction for failure to register is a crime involving moral turpitude). Contra Mohamed v. Holder, 769 F.3d 885 (4th Cir. 2014); Efange v. Holder, 642 

F.3d 918 (10th Cir. 2011); Plascencia-Ayala v. Mukasey, 516 F.3d 738 (9th Cir. 2008), overruled on other 

grounds by Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009).

186 News Release, Repeat Sex Offender from Mexico Denaturalized in Houston (June 29, 2017), 

www.ice.gov/news/releases/repeat-sex-offender-mexico-denaturalized-houston. 

187 Tristan v. State, 393 S.W. 3d 806 (Tex. App. 2012). Contra Dingman v. Cart Shield USA, LLC, 2013 U.S. 

Dist. LEXIS 93551 (S.D. Fla., July 3, 2013) (failure to register not proven to involve a dishonest act or false 

statement).

188 Statute addressed in United States v. Walizer, 600 Fed. Appx. 546 (9th Cir. 2015). In Alleyne v. United 

States, 133 S.Ct. 2151 (2013), the Supreme Court concluded that “any fact that increases the mandatory 

minimum is an ‘element’ that must be submitted to the jury.” Id.

189 United States v. Hardeman, 704 F.3d 1266 (9th Cir. 2013).