Sex Offender Registration and Notification in the United States: Current Case Law and Issues, December 2016

• NCJ Number: 250916
• Date Published: December 2016
• Length: 35 pages
• Agencies: SMART
• Publication Type: Legislation/Policy Description; Legislation/Policy Analysis

Annotation

This report summarizes the case law and issues related to the statutes and regulations that address sex offender registration and notification in the United States.

Abstract

The report first provides an overview of the hybrid framework of State, territorial, tribal, local, military, and Federal laws and policies that provide the context in which the case law on sex offender registration and notification has developed. The report advises that it intentionally avoids a lengthy discussion of the legal issues and case law surrounding prosecutions under the Federal statute that addresses failure to register (18 U.S.C. section 2250). Following the overview, the major sections of this report discuss issues and case law related to who is required to register, registration of juvenile offenders, retroactive application and ex-post-facto considerations, other constitutional issues, community notification, failure to register, residency restrictions, sex offender registration and notification in Indian Country, and international relocation and registration. The report concludes with a "miscellaneous" chapter that discusses defamation, Fair Credit Reporting Act, homeless and transient offenders, HUD housing, immigration and deportation, impeachment, and sentencing enhancement under Federal law. 186 notes