CITE
42 USC Sec. 14072 01/08/2008
EXPCITE
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
SUBCHAPTER VI - CRIMES AGAINST CHILDREN
HEAD
Sec. 14072. FBI database
STATUTE
(a) Definitions
For purposes of this section -
(1) the term "FBI" means the Federal Bureau of Investigation;
(2) the terms "criminal offense against a victim who is a
minor", "sexually violent offense", "sexually violent predator",
"mental abnormality", "predatory", "employed, carries on a
vocation", and "student" have the same meanings as in section
14071(a)(3) of this title; and
(3) the term "minimally sufficient sexual offender registration
program" means any State sexual offender registration program
that -
(A) requires the registration of each offender who is
convicted of an offense in a range of offenses specified by
State law which is comparable to or exceeds that described in
subparagraph (A) or (B) of section 14071(a)(1) of this title;
(B) participates in the national database established under
subsection (b) of this section in conformity with guidelines
issued by the Attorney General;
(C) provides for verification of address at least annually;
(!1)
(D) requires that each person who is required to register
under subparagraph (A) shall do so for a period of not less
than 10 years beginning on the date that such person was
released from prison or placed on parole, supervised release,
or probation.
(b) Establishment
The Attorney General shall establish a national database at the
Federal Bureau of Investigation to track the whereabouts and
movement of -
(1) each person who has been convicted of a criminal offense
against a victim who is a minor;
(2) each person who has been convicted of a sexually violent
offense; and
(3) each person who is a sexually violent predator.
(c) Registration requirement
Each person described in subsection (b) of this section who
resides in a State that has not established a minimally sufficient
sexual offender registration program shall register a current
address, fingerprints of that person, and a current photograph of
that person with the FBI for inclusion in the database established
under subsection (b) of this section for the time period specified
under subsection (d) of this section.
(d) Length of registration
A person described in subsection (b) of this section who is
required to register under subsection (c) of this section shall,
except during ensuing periods of incarceration, continue to comply
with this section -
(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release, or
probation; or
(2) for the life of the person, if that person -
(A) has 2 or more convictions for an offense described in
subsection (b) of this section;
(B) has been convicted of aggravated sexual abuse, as defined
in section 2241 of title 18 or in a comparable provision of
State law; or
(C) has been determined to be a sexually violent predator.
(e) Verification
(1) Persons convicted of an offense against a minor or a sexually
violent offense
In the case of a person required to register under subsection
(c) of this section, the FBI shall, during the period in which
the person is required to register under subsection (d) of this
section, verify the person's address in accordance with
guidelines that shall be promulgated by the Attorney General.
Such guidelines shall ensure that address verification is
accomplished with respect to these individuals and shall require
the submission of fingerprints and photographs of the individual.
(2) Sexually violent predators
Paragraph (1) shall apply to a person described in subsection
(b)(3) of this section, except that such person must verify the
registration once every 90 days after the date of the initial
release or commencement of parole of that person.
(f) Community notification
(1) In general
Subject to paragraph (2), the FBI may release relevant
information concerning a person required to register under
subsection (c) of this section that is necessary to protect the
public.
(2) Identity of victim
In no case shall the FBI release the identity of any victim of
an offense that requires registration by the offender with the
FBI.
(g) Notification of FBI of changes in residence
(1) Establishment of new residence
For purposes of this section, a person shall be deemed to have
established a new residence during any period in which that
person resides for not less than 10 days.
(2) Persons required to register with the FBI
Each establishment of a new residence, including the initial
establishment of a residence immediately following release from
prison, or placement on parole, supervised release, or probation,
by a person required to register under subsection (c) of this
section shall be reported to the FBI not later than 10 days after
that person establishes a new residence.
(3) Individual registration requirement
A person required to register under subsection (c) of this
section or under a State sexual offender offender (!2)
registration program, including a program established under
section 14071 of this title, who changes address to a State other
than the State in which the person resided at the time of the
immediately preceding registration shall, not later than 10 days
after that person establishes a new residence, register a current
address, fingerprints, and photograph of that person, for
inclusion in the appropriate database, with -
(A) the FBI; and
(B) the State in which the new residence is established.
(4) State registration requirement
Any time any State agency in a State with a minimally
sufficient sexual offender registration program, including a
program established under section 14071 of this title, is
notified of a change of address by a person required to register
under such program within or outside of such State, the State
shall notify -
(A) the law enforcement officials of the jurisdiction to
which, and the jurisdiction from which, the person has
relocated; and
(B) the FBI.
(5) Verification
(A) Notification of local law enforcement officials
The FBI shall ensure that State and local law enforcement
officials of the jurisdiction from which, and the State and
local law enforcement officials of the jurisdiction to which, a
person required to register under subsection (c) of this
section relocates are notified of the new residence of such
person.
(B) Notification of FBI
A State agency receiving notification under this subsection
shall notify the FBI of the new residence of the offender.
(C) Verification
(i) State agencies
If a State agency cannot verify the address of or locate a
person required to register with a minimally sufficient
sexual offender registration program, including a program
established under section 14071 of this title, the State
shall immediately notify the FBI.
(ii) FBI
If the FBI cannot verify the address of or locate a person
required to register under subsection (c) of this section or
if the FBI receives notification from a State under clause
(i), the FBI shall -
(I) classify the person as being in violation of the
registration requirements of the national database; and
(II) add the name of the person to the National Crime
Information Center Wanted person file and create a wanted
persons record: Provided, That an arrest warrant which
meets the requirements for entry into the file is issued in
connection with the violation.
(h) Fingerprints
(1) FBI registration
For each person required to register under subsection (c) of
this section, fingerprints shall be obtained and verified by the
FBI or a local law enforcement official pursuant to regulations
issued by the Attorney General.
(2) State registration systems
In a State that has a minimally sufficient sexual offender
registration program, including a program established under
section 14071 of this title, fingerprints required to be
registered with the FBI under this section shall be obtained and
verified in accordance with State requirements. The State agency
responsible for registration shall ensure that the fingerprints
and all other information required to be registered is registered
with the FBI.
(i) Penalty
A person who is -
(1) required to register under paragraph (1), (2), or (3) of
subsection (g) of this section and knowingly fails to comply with
this section;
(2) required to register under a sexual offender registration
program in the person's State of residence and knowingly fails to
register in any other State in which the person is employed,
carries on a vocation, or is a student;
(3) described in section 4042(c)(4) of title 18, and knowingly
fails to register in any State in which the person resides, is
employed, carries on a vocation, or is a student following
release from prison or sentencing to probation; or
(4) sentenced by a court martial for conduct in a category
specified by the Secretary of Defense under section 115(a)(8)(C)
of title I of Public Law 105-119, and knowingly fails to register
in any State in which the person resides, is employed, carries on
a vocation, or is a student following release from prison or
sentencing to probation, shall, in the case of a first offense
under this subsection, be imprisoned for not more than 1 year
and, in the case of a second or subsequent offense under this
subsection, be imprisoned for not more than 10 years.
(j) Release of information
The information collected by the FBI under this section shall be
disclosed by the FBI -
(1) to Federal, State, and local criminal justice agencies for -
(A) law enforcement purposes; and
(B) community notification in accordance with section
14071(d)(3) (!3) of this title; and
(2) to Federal, State, and local governmental agencies
responsible for conducting employment-related background checks
under section 5119a of this title.
(k) Notification upon release
Any State not having established a program described in
subsection (a)(3) of this section must -
(1) upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 14071(a)(1) of this title of their duty to register with
the FBI; and
(2) notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 14071(a)(1) of this title.
SOURCE
(Pub. L. 103-322, title XVII, Sec. 170102, as added Pub. L. 104-
236, Sec. 2(a), Oct. 3, 1996, 110 Stat. 3093; amended Pub. L. 105-
119, title I, Sec. 115(a)(6), Nov. 26, 1997, 111 Stat. 2463; Pub.
L. 105-277, div. A, Sec. 101(b) [title I, Sec. 123], Oct. 21, 1998,
112 Stat. 2681-50, 2681-72.)