PRIA, Government Policy, Made Personal

Summary

People who are required to register as sex offenders but knowingly do not register or do not update their registration can be fined, jailed for up to 10 years, or both. This applies to people who must register under the federal sex-offender rules — generally those convicted of qualifying sexual crimes in federal, District of Columbia, tribal, or territorial courts — and to those who travel between states, travel to other countries, or enter or live in Indian country. If someone who must register knowingly fails to give required notice about planned travel to another country and then tries to travel, they face the same fine or jail penalty up to 10 years. A person can avoid conviction if they prove that something beyond their control stopped them from complying, that they did not cause that problem by being reckless, and that they complied as soon as the problem ended. If a person covered above also commits a crime of violence, they face an additional prison term of 5 to 30 years that must be served after the sentence for failing to register or report travel.

Title 18, §2250

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

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;

shall be fined under this title or imprisoned not more than 10 years, or both.

(b)International Travel Reporting Violations.—

Whoever—

(1)is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.);

(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;

shall be fined under this title, imprisoned not more than 10 years, or both.

(c)Affirmative Defense.—

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)Crime of Violence.—

(1)In general.—

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)Additional punishment.—

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