§2250 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime for a person who must register under the national sex-offender law to knowingly fail to register or to fail to update their registration when they are covered because of a conviction under federal, District of Columbia, tribal, or territorial law, or when they travel between states, go abroad, or live in Indian country. It is also a crime to knowingly withhold required information about planned foreign travel and then try to travel or attempt the travel. A person can defend themselves by showing that uncontrollable events kept them from complying, they did not recklessly cause those events, and they updated as soon as they could. If the person also commits a federal (or similar) crime of violence, they face 5 to 30 years in prison on top of the penalty for the registration offense.

Title 18, §2250

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever—

(1)is required to register under the Sex Offender Registration and Notification Act;

(2)(A)is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or

(B)travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and

(3)knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;

(b)Whoever—

(1)is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); 11 See References in Text note below.

(2)knowingly fails to provide information required by the Sex Offender Registration and Notification Act relating to intended travel in foreign commerce; and

(3)engages or attempts to engage in the intended travel in foreign commerce;

(c)In a prosecution for a violation under subsection (a) or (b), it is an affirmative defense that—

(1)uncontrollable circumstances prevented the individual from complying;

(2)the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; and

(3)the individual complied as soon as such circumstances ceased to exist.

(d)(1)An individual described in subsection (a) or (b) who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years.

(2)The punishment provided in paragraph (1) shall be in addition and consecutive to the punishment provided for the violation described in subsection (a) or (b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Sex Offender Registration and Notification Act, referred to in subsecs. (a)(1), (2)(A), (3) and (b)(1), (2), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§ 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law

Enforcement

. For complete classification of this Act to the Code, see

Short Title

of 2006 Act note set out under section 10101 of Title 34 and Tables. The Uniform Code of Military Justice, referred to in subsecs. (a)(2)(A) and (d)(1), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.

Amendments

2016—Subsecs. (b) to (d). Pub. L. 114–119 added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and in subsecs. (c) and (d), substituted “subsection (a) or (b)” for “subsection (a)” wherever appearing.

§2250 Failure to Register