(ThyBlackMan.com) When an individual is convicted as a sex offender, there are certain rules they need to abide by following their release from their sentence. One of the most basic, yet important rules, is to register with their local police department as a sex offender.
If an individual fails to register, they may need sex crime lawyers offering aggressive legal representation. The right legal representation can help an individual take control of their life when beginning the next chapter.
The Beginning of the Registration
The Sex Offender Registration and Notification Act or SORNA was created by John Walsh, the father of Adam Walsh and the Adam Walsh Child Protection and Safety Commission. The act began in 2006.
Everyone should know the story of John Walsh, the father of a young boy, Adam, who was kidnapped from a mall and later found deceased. The senior Walsh began a national helpline and created a place for parents of missing children to turn to for help and comfort. He went on to be a strong advocate for child protection against child predators.
The SORNA is designed to close loopholes and any would-be gaps in existing and upcoming laws. The idea is to strengthen sex offender registration on a national level. Oftentimes different law enforcement and government agencies do not share data that could be important for the protection of children.
Reasons For Registration
The main reason for a sex offender registration is for the safety of the public. The idea is to monitor, maintain, and track sex offenders after they have served their time for their crime. Information collected includes the offender’s name, current address, place of employment, and all offenses they have been charged with.
The main way the public is notified is through the sex offenders website, which is updated and maintained in each state. There is a website for nearly all principal United States territories and the District of Columbia. The website also includes several recognized Indian Tribes throughout the states.
Failing to Register
When an individual knowingly fails to register with SORNA, it becomes a federal crime. The offender can also be criminally liable if they fail to update their status. This includes getting a new job or moving to a new location. The update must be main in each new jurisdiction that they are going to live in, attend school or become employed.
Penalties for Not Registering or Updating Information
If an individual is required by law to register or update their sex offender status and fails to do so, they can face up to 10 years in prison as well as a large fine. Additional years in jail, up to 30 years, in addition to substantial fines, could be assessed if a convicted sex offender commits a violent crime and fails to register this new information.
Providing partial information or knowingly giving false addresses or other incomplete data is treated as harshly as a failure to comply with the law of updating or registration. The consequences are the same, jail time and/or a high fine.
Staff Writer; Terry Jackson
I refuse to register under sex offender registry laws for the following reasons.
1. It was passed and applied ex-post facto, in violation of the United States Constitution.
2. The registry claims to be a civil law, but has no civil outcomes. A civil outcome is defined as an objective calculation of less recidivism resulting from the regulation. There is no evidence the registry decreases recidivism
3. The government forces registration and publicizes the information and encourages the public to isolate because those on a registry are considered or expressly implied to be dangerous. However, no court has ever ruled that dangerousness was a requirement to be listed.
4. The loss of safety and/or security. An offender who cannot find housing, employment, or healthy social relationships is never safe for any community. These are well documented outcomes to a registry given to the public in unlimited ways.
5. No DUE PROCESS. The State has determined through a catch-all standard of review that the registry law is legal if it is rational (rational basis test). This “flat earth” view assumes a law is rational as long as you don’t know any better. The law seems rational to the layman, but totally irrational to those who have relevant education and experience.
6. DUE PROCESS. Due process has been denied in any registry law because supposedly no registry law impacts “protected Constitutional rights”. It is ridiculous on its face to place comprehensive police state around an individual, for life under a presumption they always are dangerous or potentially dangerous and not allow ANY challenges to any law. To say I have no right to live peaceably, and be a contributing and active member of my community as inherently Constitutional, eviscerate the whole idea of why we have individual rights.
7. No personalized determination of dangerousness. The courts have allowed the government any classification system they desire. The Adam Walsh Act decided that 2/3 of the registry will forever be classified in the highest category. The government changes often who is what category based solely on what a legislature decides that session.
8. Does a person have to follow, “public safety” laws that only take their safety and security?
The answer is an emphatic, NO. and the more prison you add for not following your illegal laws LESSENS, the credibility of your laws.
Sorry about your registry. I will not follow again. It is dangerous and that is an objective fact, backed by actual evidence.