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Code · STATUTE-COMPILATIONS · Adam Walsh Child Protection and Safety Act of 2006 · Sec. 141

Sec. 141. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX OFFENDER REGISTRATION

1,298 words·~6 min read·/statute-compilations/comps-12611/sec-141

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## SEC. 141 AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX OFFENDER REGISTRATION ###
(a)Criminal Penalties for Nonregistration ####
(1)In General Part I of title 18, United States Code, is amended by inserting after chapter 109A the following: > > ## “CHAPTER 109B SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY > > > ## “SEC. 2250 Failure to register > > > ### “(a) In General > > Whoever— > > > #### “(1) > > is required to register under the Sex Offender Registration and Notification Act; > > > #### “(2) > > > #####
(A)> > is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or > > > ##### “(B) > > travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and > > > #### “(3) > > knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act; > > shall be fined under this title or imprisoned not more than 10 years, or both. > > > ### “(b) Affirmative Defense > > In a prosecution for a violation under subsection (a), it is an affirmative defense that— > > > #### “(1) > > uncontrollable circumstances prevented the individual from complying; > > > #### “(2) > > the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; and > > > #### “(3) > > the individual complied as soon as such circumstances ceased to exist. > > > ### “(c) Crime of Violence > > > #### “(1) In General > > An individual described in subsection
(a)who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years. > > > #### “(2) Additional punishment > > The punishment provided in paragraph
(1)shall be in addition and consecutive to the punishment provided for the violation described in subsection (a).” > . ####
(2)Clerical Amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 109A the following:"109B. Sex offender and crimes against children registry2250.". ###
(b)Directive to the United States Sentencing Commission **[**[28 U.S.C. 994 note](/us/usc/t28/s994)**]** In promulgating guidelines for use of a sentencing court in determining the sentence to be imposed for the offense specified in subsection (a), the United States Sentencing Commission shall consider the following matters, in addition to the matters specified in section 994 of title 28, United States Code: ####
(1)Whether the person committed another sex offense in connection with, or during, the period for which the person failed to register. ####
(2)Whether the person committed an offense against a minor in connection with, or during, the period for which the person failed to register. ####
(3)Whether the person voluntarily attempted to correct the failure to register. ####
(4)The seriousness of the offense which gave rise to the requirement to register, including whether such offense is a tier I, tier II, or tier III offense, as those terms are defined in section 111. ####
(5)Whether the person has been convicted or adjudicated delinquent for any offense other than the offense which gave rise to the requirement to register. ###
(c)False Statement Offense Section 1001(a) of title 18, United States Code, is amended by adding at the end the following: “If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.”. ###
(d)Probation Paragraph
(8)of section 3563(a) of title 18, United States Code, is amended to read as follows: > > #### “(8) > > for a person required to register under the Sex Offender Registration and Notification Act, that the person comply with the requirements of that Act; and” > . ###
(e)Supervised Release Section 3583 of title 18, United States Code, is amended— ####
(1)in subsection (d), in the sentence beginning with “The court shall order, as an explicit condition of supervised release for a person described in section 4042(c)(4)”, by striking “described in section 4042(c)(4)” and all that follows through the end of the sentence and inserting “required to register under the Sex Offender Registration and Notification Act, that the person comply with the requirements of that Act.”. ####
(2)in subsection (k)— #####
(A)by striking “2244(a)(1), 2244(a)(2)” and inserting “2243, 2244, 2245, 2250”; #####
(B)by inserting “not less than 5,” after “any term of years”; and #####
(C)by adding at the end the following: “If a defendant required to register under the Sex Offender Registration and Notification Act commits any criminal offense under chapter 109A, 110, or 117, or section 1201 or 1591, for which imprisonment for a term longer than 1 year can be imposed, the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment under subsection (e)(3) without regard to the exception contained therein. Such term shall be not less than 5 years.”. ###
(f)Duties of the Bureau of Prisons Paragraph
(3)of section 4042(c) of title 18, United States Code, is amended to read as follows: > > #### “(3) > > The Director of the Bureau of Prisons shall inform a person who is released from prison and required to register under the Sex Offender Registration and Notification Act of the requirements of that Act as they apply to that person and the same information shall be provided to a person sentenced to probation by the probation officer responsible for supervision of that person.” > . ###
(g)Conforming Amendments To Cross-References Section 4042(c) of title 18, United States Code, is amended— ####
(1)in paragraph (1), by striking “(4)” and inserting “(3), or any other person in a category specified by the Attorney General,”; and ####
(2)in paragraph (2)— #####
(A)in the first sentence, by striking “shall be subject to a registration requirement as a sex offender” and inserting “shall register as required by the Sex Offender Registration and Notification Act”; and #####
(B)in the fourth sentence, by striking “(4)” and inserting “(3)”. ###
(h)Conforming Repeal of Deadwood Paragraph
(4)of section 4042(c) of title 18, United States Code, is repealed. ###
(i)Military Offenses **[**[10 U.S.C. 951 note](/us/usc/t10/s951)**]** ####
(1)Section 115(a)(8)(C)(i) of Public Law 105-119 (111 Stat. 2466) is amended by striking “which encompass” and all that follows through “and (B))” and inserting “which are sex offenses as that term is defined in the Sex Offender Registration and Notification Act”. ####
(2)Section 115(a)(8)(C)(iii) of Public Law 105-119 (111 Stat. 2466; 10 U.S.C. 951 note) is amended by striking “the amendments made by subparagraphs
(A)and (B)” and inserting “the Sex Offender Registration and Notification Act”. ###
(j)Conforming Amendment Relating To Parole Section 4209(a) of title 18, United States Code, is amended in the second sentence by striking “described” and all that follows through the end of the sentence and inserting “required to register under the Sex Offender Registration and Notification Act that the person comply with the requirements of that Act.”.
Connectionstraces to 2
2 references not yet in our index
  • Pub. L. 105-119
  • 111 Stat. 2466
Citation graph
cites case law
Sec. 141
AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX OFFENDER REGISTRATION
U.S.C.§ 994
U.S.C.§ 951
Pub. L.Pub. L. 105-119
Stat.111 Stat. 2466
Cites 4Cited by 0 across 0 sources
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