Sex Offender Registers in USA

[Nemodat]

A man is convicted (guilty plea) of an offence of having (consensual) sex with a minor (a male, aged 16), contrary to Texas state law. He is therefore deemed to be a sex offender in that state and he must register with the police and advise them of every change of address.

What would be his status if he were to move to live in a state where there is a defined age of consent of 16 so that such an activity there would not have been against the law? (Alaska, Connecticut, Pennsylvania etc.) Is he nevertheless deemed to be a sex offender in that state as well so that the registration requirements will still apply to him?

If he is regarded as a sex offender in the second state, has this anomalous situation ever been challenged in a court of law?

[Disagreeable]

Re: Sex Offender Registers in USA

It has already been handled. He/she is then guilty of breaking a Federal law, SORNA.

Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking

[Nemodat]

Re: Sex Offender Registers in USA

Thanks for the response but I don't fully understand your reply: by "then guilty" do you mean he is guilty if he fails to register in the second state or do you mean that the Texas conviction is somehow elevated to equate to a Federal conviction if he moves out of Texas? And my second point - has this apparent anomaly ever been challenged in a court of law?

[Friend In Court]

Re: Sex Offender Registers in USA

A man is convicted (guilty plea) of an offence of having (consensual) sex with a minor (a male, aged 16), contrary to Texas state law. He is therefore deemed to be a sex offender in that state and he must register with the police and advise them of every change of address.

What would be his status if he were to move to live in a state where there is a defined age of consent of 16 so that such an activity there would not have been against the law? (Alaska, Connecticut, Pennsylvania etc.) Is he nevertheless deemed to be a sex offender in that state as well so that the registration requirements will still apply to him?

If he is regarded as a sex offender in the second state, has this anomalous situation ever been challenged in a court of law?

The federal registration law applies in all states. A conviction in one mandates registering in any state the person moves to.

There are various classifications under the federal law, SORNA, the Sex Offender Notification Act which provides for the term of registering depending upon the offense on is convicted of. The shortest is Tier I, which requires registration for 15 years, generally reserved for nonviolent offenses where the victim has reached the age of consent.

The challenges to the Act have failed, Missouri lauching the most because its constitution bars retroactive application of new laws -- a provision of SORNA -- that those with convictions prior to the Act be required to register. The Missouri Supreme Court in Doe v. Keathley upheld registration if they are subject to independent federal obligation under SORNA, 42 USC Section16913.

The US Supreme Court has upheld the law against all challenges to date.

[Nemodat]

Re: Sex Offender Registers in USA

Very helpful reply - much obliged.