pre awa sexually sexual predator meaning

However, jurisdictions are free to determine who resides in their jurisdiction, thereby requiring registration. For the purposes of SORNA, an offender resides in a jurisdiction when the offender has a home in the jurisdiction or habitually lives in the jurisdiction. SORNA requires that jurisdictions register homeless and transient sex offenders. Jurisdictions are also required to appropriately classify and register certain offenders, including those who previously may not have been required to register, but who would be required to register under the jurisdiction’s new SORNA-implementing sex offender registration and notification laws. SORNA applies to all sex offenders regardless of the date of conviction. As a result, it is possible that an offender will be required to register under SORNA, but, because the jurisdiction’s laws do not require registration for the offense of conviction, the jurisdiction where the offender lives, works, or attends school will refuse to register the offender. In practice, unless a jurisdiction’s laws require an offender to register, a jurisdiction generally will not register the offender. In other words, federal SORNA obligations are independent of sex offender duties under state, local, territorial, or tribal law. Sex offenders have an independent duty to register under SORNA, and several courts have held as such. Most jurisdictions will require registration if the individual 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. This analysis can be quite complicated and has led to significant litigation.

In determining whether an offense constitutes a “sex offense,” courts typically use one of three approaches, two of which look at the elements of the offense of conviction, including the categorical approach and the modified categorical approach and another that looks at the underlying facts, known as the circumstance-specific approach or noncategorical approach. This issue usually arises when a convicted sex offender moves from one jurisdiction to another. Occasionally, what constitutes a sex offense under SORNA or a sex offense requiring registration in one jurisdiction may not qualify as a sex offense in another jurisdiction. There are also a handful of jurisdictions where registration is required if an individual commits an offense as a result of sexual compulsion or for purposes of sexual gratification. While most jurisdictions outline specific offenses requiring registration, some jurisdictions also include “catch-all” provisions, which typically require individuals convicted of an offense that is “by its nature a sex offense,” to register. Sex offender registration is typically triggered by an offender’s conviction for a sex offense or nonparental kidnapping of a minor, but some jurisdictions also include other offenders in their registration and notification systems or have separate registries for nonsexual offenses. Additionally, offenders may still be required to register even if they have been pardoned for the underlying offense their conviction for a sex offense has been vacated, expunged, set aside, or was dismissed under a special statutory procedure or they have relocated to a new jurisdiction. In some jurisdictions, registration will also be required when an individual has been civilly committed, found incompetent to stand trial, or is on furlough. Most jurisdictions follow a conviction-based structure however, some jurisdictions use a risk assessment process to determine aspects of sex offenders’ registration and notification requirements, including the duration of registration and frequency with which they must appear.

For the purposes of SORNA, a “conviction” may arise from a finding of guilt, but it also covers other findings such as withheld adjudications and certain convictions of juveniles. SORNA’s registration and notification requirements apply to individuals convicted of sex offenses under federal, military, state, territorial, local, tribal, or foreign law. “Conviction” & Offenses That Must Be Included in the Registry a) “Conviction”

Pre awa sexually sexual predator meaning