34 U.S.C. § 20913

Registry requirements for sex offenders

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(a) In general

A sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence.

(b) Initial registrationThe sex offender shall initially register—(1) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or(2) not later than 3 business days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment.(c) Keeping the registration current

A sex offender shall, not later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least 1 jurisdiction involved pursuant to subsection (a) and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry. That jurisdiction shall immediately provide that information to all other jurisdictions in which the offender is required to register.

(d) Initial registration of sex offenders unable to comply with subsection (b)

The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders and for other categories of sex offenders who are unable to comply with subsection (b).

(e) State penalty for failure to comply

Each jurisdiction, other than a Federally recognized Indian tribe, shall provide a criminal penalty that includes a maximum term of imprisonment that is greater than 1 year for the failure of a sex offender to comply with the requirements of this subchapter.

(Pub. L. 109–248, title I, § 113, July 27, 2006, 120 Stat. 593.)Editorial NotesReferences in Text

This subchapter, referred to in subsecs. (d) and (e), was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables.

This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006, which was approved July 27, 2006. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 16913 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Notes of Decisions

Cited in 100 cases (52 in the last 5 years), 2017–2026 · leading case: Gundy v. United States, 139 S. Ct. 2116 (2019).

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Gundy v. United States, 139 S. Ct. 2116 (2019). · cites it 3× “34 U. S. C. §§20913 (b), (d). Subsection (b) sets out the general rule: An offender must register “before completing a sentence of imprison- ment with respect to the offense giving rise to the registration re- quirement.”

M.S. Willman v. U.S. Attorney Gen., 972 F.3d 819 (6th Cir. 2020). · cites it 5× “” 34 U.S.C. § 20913 (a). The statute defines “sex offender” as “an individual who was convicted of a sex offense.”

United States v. Holcombe, 883 F.3d 12 (2d Cir. 2018). · cites it 3× “Whether venue is proper in a particular district turns on the elements of the underlying crime and where the acts satisfying those elements occurred. Holcombe stipulated that he left New York and moved to Maryland and then failed to register with Maryland authorities when he…”

Manning v. Caldwell for City of Roanoke, 930 F.3d 264 (4th Cir. 2019). · cites it 2× “§§ 3553 (a)(2)(B)-(D) ); 34 U.S.C. § 20913 (establishing sex offender registry); id .”

United States v. Adam Shepherd, 880 F.3d 734 (5th Cir. 2018). · cites it 2× “” 34 U.S.C. § 20913 (a). “SORNA makes it a federal crime for anyone required to register as a sex offender to travel in interstate com- merce and knowingly fail to register or update his or her registration.”

United States v. Jason Kokinda, 93 F.4th 635 (4th Cir. 2024). · cites it 4× “” 34 U.S.C. § 20913 . “Resides” is defined as “the location of the individual’s home or other place where the individual habitually lives.”

Michael L. McGroarty v. Richard L. Swearingen, 977 F.3d 1302 (11th Cir. 2020). “” 34 U.S.C. § 20913 (a). The only part of the opinion which is potentially relevant to McGroarty’s state-law-based claim is where the Court rejects the government’s argument that the state still had jurisdiction over Nichols when he moved outside of the United States and thus…”

State of Georgia v. President of the United States, 46 F.4th 1283 (11th Cir. 2022). “2 Therefore, this case resembles Gundy where 34 U.S.C. § 20913 (d) granted the Attorney General certain powers and the purpose of the statute, 34 U.”

United States v. Edward Wass, 954 F.3d 184 (4th Cir. 2020). · cites it 2× “” 34 U.S.C. § 20913 (d); see also Reynolds v.”

United States v. Fox, 286 F. Supp. 3d 1219 (D. Kan. 2018). · cites it 2× “34 U.S.C. § 20913 (a). When registering, the offender must provide, among other things, his name, social security number, home address, employer's address, school's address, license plate information, a description of his vehicle, and international travel plans.”

Big Time Vapes, Inc. v. FDA, 963 F.3d 436 (5th Cir. 2020). “34 U.S.C. § 20913 (d). But beyond the text of that provision, the plurality observed that SORNA’s purposes, 28 statutory context, and legislative history all pointed in one direction: Congress meant for SORNA to apply to pre-Act offenders as soon as feasible.”

Petrovick v. State, 537 S.W.3d 388 (Mo. Ct. App. 2018). · cites it 2× “” 34 U.S.C. § 20913 (d). Under § 20913(d), the Supreme Court of the United States held that SORNA did not become applicable to pre-enactment offenders when the statute became effective in July 2006; instead, the Court held that “the Act’s registration requirements do not apply…”

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