SORNA refers to the Sex Offender Registration and Notification Act which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA aims to close potential gaps and loopholes that existed under prior law and generally strengthens the nationwide network of sex offender registration and notification programs. Additionally, SORNA:
- Extends the jurisdictions in which registration is required beyond the 50 states, the District of Columbia, and the principal U.S. territories, to include also federally recognized Indian tribes.
- Incorporates a more comprehensive group of sex offenders and sex offenses for which registration is required.
- Requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
- Requires sex offenders to provide more extensive registration information.
- Requires sex offenders to make periodic in-person appearances to verify and update their registration information.
- Expands the amount of information available to the public regarding registered sex offenders.
- Makes changes in the required minimum duration of registration for sex offenders.
Substantial Implementation Reports: States, Territories, and Indian Country
For more information about the implementation status of the state/U.S. territory and Indian tribe registration and notification systems that have been found to have substantially implemented SORNA, please use the following map.
Attorney General Guidelines
Supplemental Guidelines for Juvenile Registration Under the Sex Offender Registration and Notification Act
The Attorney General issued these Supplemental Juvenile Registration Guidelines to provide guidance regarding the substantial implementation of the juvenile registration requirement under SORNA.
Effective Date: August 1, 2016
Read Juvenile Registration Guidelines
Supplemental Guidelines for Sex Offender Registration and Notification
The Attorney General issued these Supplemental Guidelines to address a number of issues related to implementation of the SORNA requirements, including public website posting of sex offender information such as email addresses and other internet identifiers, public notification of juveniles adjudicated delinquent for serious sex crimes, international travel reporting requirements, and the treatment of Indian tribes newly recognized by the Federal government subsequent to the enactment of SORNA.
Effective Date: January 11, 2011
Read Supplemental Guidelines
The National Guidelines for Sex Offender Registration and Notification
The Attorney General issued these Final Guidelines to interpret and implement SORNA. The Final Guidelines provide jurisdictions with guidance, explanation, and advice regarding the administration and implementation of SORNA.
Effective Date: July 2, 2008
Read Final Guidelines | Download PDF | Summary
Retroactive Applicability of the Sex Offender Registration and Notification Act (SORNA)
The Attorney General published this Rule to specify that SORNA applies retroactively to all sex offenders, including sex offenders convicted of the offense for which registration is required before the enactment of SORNA.Effective Date of Interim Rule: February 28, 2007 | Effective Date of Final Rule: January 28, 2011
Interim Rule | Final Rule
The 50 States, the District of Columbia, the five principal U.S. territories, and federally recognized Indian tribes that elect to function as registration jurisdictions are all defined as "jurisdictions" under SORNA. "Jurisdiction", as used by SORNA, does not include counties, cities, towns, or other political subdivisions located within states, tribes or territories. However, this definition does not limit the ability of states, tribes or territories to carry out these functions through their political subdivisions or other entities within the jurisdiction.
SORNA refers to the persons required to register under its standards as "sex offenders," and SORNA defines "sex offender" to mean "an individual who was convicted of a sex offense."
The convictions for which SORNA requires registration include convictions for sex offenses by any U.S. jurisdiction, including convictions for sex offenses under federal, military, state, territorial, tribal or local law. Foreign convictions are also covered if certain conditions are satisfied.
Generally speaking, the following are considered sex offenses under SORNA
- Non-Parental Kidnapping
- Non-Parental false imprisonment
- Solicitation to engage in sexual conduct
- Use in a sexual performance
- Solicitation to practice prostitution
- Video voyeurism
- Possession, production, or distribution of child pornography
- Criminal sexual conduct involving a minor
- Use of the internet to facilitate criminal sexual conduct involving a minor
- Any conduct that by its nature is a sex offense against a minor
- 18 U.S.C. §1591 (Sex Trafficking of Children)
- 18 U.S.C. §2241 (Aggravated Sexual Abuse)
- 18 U.S.C. §2242 (Sexual Abuse)
- 18 U.S.C. §2243 (Sexual Abuse of a Minor or Ward)
- 18 U.S.C. §2244 (Abusive Sexual Contact)
- 18 U.S.C. §2245 (Offenses Resulting in Death)
- 18 U.S.C. §2251 (Sexual Exploitation of Children)
- 18 U.S.C. §2251A (Selling or Buying of Children)
- 18 U.S.C. §2252 (Material Involving the Sexual Exploitation of Minors)
- 18 U.S.C. §2252A (Material Containing Child Pornography)
- 18 U.S.C. §2252B (Misleading Domain Names on the Internet)
- 18 U.S.C. §2252C (Misleading Words or Digital Images on the Internet)
- 18 U.S.C. §2260 (Production of Sexually Explicit Depictions of a Minor for Import in to the United States)
- 18 U.S.C. §2421 (Transportation of a Minor for Illegal Sexual Activity)
- 18 U.S.C. §2422 (Coercion and Enticement of a Minor for Illegal Sexual Activity
- 18 U.S.C. §2423 (Transportation of Minors for Illegal Sexual Activity, Travel With the Intent to Engage in Illicit Sexual Conduct with a Minor, Engaging in Illicit Sexual Conduct in Foreign Places))
- 18 U.S.C. §2424 (Failure to File Factual Statement about an Alien Individual)
- 18 U.S.C. §2425 (Transmitting Information about a Minor to further Criminal Sexual Conduct)
See Part IV.A-D of the Final Guidelines for more detail.
SORNA section 111(5)(C) addresses the minimum standards for requiring sex offender registration for consensual sexual conduct under the Adam Walsh Act. SORNA does NOT require registration in the following situations: 1) If both participants are adults, and neither is under the custodial authority of the other (e.g., inmate/prison guard) and the conduct was consensual, then this conduct does not constitute a registerable sex offense for purposes of the Adam Walsh Act. 2) With respect acts involving at least one minor (person under 18) who engages in consensual sexual conduct, the following minimum standards apply: Where both participants are at least 13 years old and neither participant is more than 4 years older than the other, a sex offense conviction based on consensual sexual conduct does not require registration under the Adam Walsh Act. In all situations, jurisdictions have discretion to exceed the minimum standards of SORNA and require registration upon convictions based on consensual sexual conduct.
A sex offender is "convicted" for SORNA purposes if the sex offender has been subject to penal consequences based on the conviction, however it may be styled. Likewise, the sealing of a criminal record or other action that limits the publicity or availability of conviction information, but does not deprive the conviction of continuing legal validity, does not change its status as a "conviction" for purposes of SORNA.
"Convictions" for SORNA purposes include convictions of juveniles who are prosecuted as adults. It does not include juvenile delinquency adjudications, except under the circumstances specified in 42 U.S.C. §16911(8), which stipulate juvenile registration only if the juvenile was at least 14 years old at the time of the offense and was adjudicated delinquent for committing (or attempting or conspiring to commit) a sexual act with another by force, by the threat of serious violence, or by rendering unconscious or drugging the victim.
See Part IV.A of the Final Guidelines for more detail.