In the US, there is a National Sex Offender Registration (http://www.nsopr.gov) and virtually all states have one. This came as a result of the abduction, rape, and murder of 7-year old Megan Kanka in New Jersey in 1994.

State sex-offender registration and notification programs are designed, in general, to include information about offenders who have been convicted of a “criminal offense against a victim who is a minor” or a “sexually violent offense,” as specified in the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (“the Wetterling Act”) – more specifically, information about persons convicted of offenses involving sexual molestation or sexual exploitation of children, and persons convicted of rape and rape-like offenses (regardless of the age of the victim), respectively. 42 U.S.C. § 14071. Members of the public are advised, however, that publicly-accessible Internet sites established by different states may not be comparable with respect to the comprehensiveness of offender-related information that is made available for public disclosure. Members of the public should be aware that not all state Internet sites provide for public disclosure of information about all sex-offenders who reside, work, or attend school in the state. For example, a given state may limit public disclosure over its web site of information concerning offenders who have been determined to be high-risk, while another state may provide for wider disclosure of offender information but make no representation as to risk level of specific offenders. In sum, members of the public may be able to obtain certain types of information about specific offenders who reside, work, or attend school in the state and have been convicted of one or more of the types of offenses specified below, depending on the specific parameters of a given State’s public notification program.

In the Wetterling Act, “criminal offense against a victim who is a minor” refers to state offenses that are comparable to or exceed the following range of offenses: kidnapping/false imprisonment of a minor (except by a parent), criminal sexual conduct toward a minor, solicitation of a minor to engage in sexual conduct, use of a minor in a sexual performance, solicitation of a minor to practice prostitution, any conduct that by its nature is a sexual offense against a minor, production or distribution of child pornography, or an attempt to commit any of these offenses at a State’s discretion. 42 U.S.C. § 14071(a)(3)(A). The Wetterling Act definition of “sexually violent offense” refers to any criminal offense in a range of offenses specified by State law that is comparable to or exceeds the range of offenses encompassed by aggravated sexual abuse or sexual abuse or an offense that involves engaging in physical contact with another person with an intent to commit aggravated sexual abuse or sexual abuse. 42 U.S.C. § 14071 (a)(3)(B). And, the Wetterling Act defines “sexually violent predator” to mean “a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” 42 U.S.C. § 14071(a)(3)(C).

Members of the public are advised to log on to pertinent state web sites for further information and/or guidance, as appropriate.

 

Canada

 

 

 

History of the Sex Offender Information Registration Act and National Sex Offender Registry

There has long been public and political desire for a national registration system for sex offenders. In May 2001, the Solicitor General of Canada announced legislation for the creation of a national sex offender registry.

The Sex Offender Information Registration Act (SOIRA) received Royal Assent on April 1, 2004, and was proclaimed as law on December 15, 2004.

National Sex Offender Registry: Public Safety in Action

Together the Sex Offender Information Registration Act (SOIRA) and National Sex Offender Registry represent a vital step in fighting crimes of a sexual nature, protecting vulnerable children and adults and safeguarding our communities.

The National Sex Offender Registry is a national registration system for sex offenders who have been convicted of designated sex offences and ordered by the courts to report annually to police.

During the registration process, police enter information on these individuals into a database that is accessible by all accredited Canadian police agencies.

The public does not have access to the National Sex Offender Registry. It is a database that provides Canadian police services with important information that will improve their ability to investigate crimes of a sexual nature.

What are “Designated” Sex Offences?

The following Criminal Code offences have been included as designated offences under the SOIRA:

sexual interference;

invitation to sexual touching;

sexual exploitation;

incest;

bestiality;

child pornography (making, possession, distribution);

parent or guardian procuring sexual activity;

exposure;

sexual assault;

sexual assault with a weapon, threats to a third party or causing bodily harm;

aggravated sexual assault;

select offences where it can be proven that the offence was committed with the intent to commit an offence of a sexual nature;

attempt or conspiracy to commit any of the above offences.

The Need for a National Sex Offender Registry

The actions of sex offenders have profound and long-lasting consequences for their victims and their communities.

Time is of the essence for police when locating sexual predators and investigating crimes committed by these offenders.

The National Sex Offender Registry will assist the police in the investigation of crimes of a sexual nature by providing up-to-date information relating to convicted sex offenders and identifying all registered sex offenders living within a particular geographic area.

The National Sex Offender Registry includes such information as:

name;

date of birth;

current address;

current photograph;

identifying marks (e.g. tattoos, scars);

sex offence(s) for which the offender has been convicted.

Who Must Register?

Mandatory registration applies to residents of Canada who:

have been convicted of a criteria sex offence (as defined by the legislation) in Canada and were:

 

a) serving a sentence on the day the SOIRA was proclaimed and have been served with a notice to comply, mandating their registration;

 

b) convicted of a sex offence on or after the day the SOIRA came into force and have received an order from the court;

have been found not criminally responsible for a criteria sex offence by reason of mental disorder and given an absolute or conditional discharge on or after the day the legislation came into force and have received an order to register from the courts; or

are young offenders convicted of a criteria sex offence, sentenced as an adult and are ordered to register by the courts.

Offender Reporting Requirements

Every sex offender under a SOIRA order must:

report in person to police in the jurisdiction where they reside at the place and during the times determined by the police service;

report within 15 days:

 

after release from custody;

 

after conviction if not given a custodial sentence;

 

after having been found not criminally responsible and given an absolute or conditional discharge;

report annually between the 11th and 12th month after their last reporting date;

notify the registry by registered mail or by another means authorized by the respective province or territory:

 

after a change of address;

 

after a change of name;

 

within 15 days after departure from their residence if absence will be for 15 consecutive days or more;

 

within 15 days after departing Canada and within 15 days of their return.

The obligations are different for offenders who fall under the retrospective scheme, that is, offenders who were serving a sentence for a designated offence on December 15 and were served with a Notice of Obligation to Comply with the SOIRA.

The obligation for these offenders to register begins one year from the date on which they are served with a Notice of Obligation to Comply.

The offender must report within 15 days:

of the commencement of their obligation if living in the community;

of being released from custody if release is after their obligation begins;

after receiving an absolute or conditional discharge under Part XX.1 of the Criminal Code;

of being released from custody pending the determination of an appeal.

Offenders who fall under the retrospective scheme have one year from the date of service to apply for an exemption order. If an offender applies for an exemption order, their obligation does not begin until the application has been heard.

Penalties for Non-Compliance

First Offence: a fine of not more than $10,000, imprisonment of not more than six months, or both.

Subsequent Offence(s): a fine of not more than $10,000, imprisonment for a term of not more than six months (summary conviction) or two years less a day (indictable), or both.

Reporting Period

Individuals who are convicted of, or found not criminally responsible on account of a mental disorder for a designated sex offence, for which the maximum sentence is not more than two to five years, will be required to comply with the registration requirements for a 10-year period.

An offender convicted of an offence for which the maximum penalty is not more than 10 to 14 years will be required to comply with the registration requirements for a 20-year period.

Individuals convicted of an offence for which the maximum penalty is life imprisonment or of more than one criteria offence will be required to report to the National Sex Offender Registry for life.

Management of the Registry

The cornerstone of the Sex Offender Information Registration Act is the National Sex Offender Registry database, which is maintained by National Police Services under the stewardship of the RCMP.

Role of the Local Police Service

Police services play an essential role in managing and maintaining the National Sex Offender Registry in their communities. They are responsible for establishing a registration site(s) for offenders to report.

Police services must also conduct the registration of those offenders who report by entering the appropriate information into the database, including a photograph of each offender.

Besides registering offenders, police are responsible for enforcing the legislation.

Community Notification

The purpose of the National Sex Offender Registry is to assist police in investigating crimes of a sexual nature by providing them with rapid access to up-to-date information relating to convicted sex offenders. The registry does not encompass community notification. Authority to notify the public of the release of high-risk offenders continues to be regulated under the Privacy Act Section 8(2)(m).

Removing a Name from the Registry

If an individual is acquitted of every offence in connection to an order, or if an offender has received a free pardon (Her Majesty’s Prerogative of Mercy, Criminal Code [Section 748]) for all criteria sex offences, an offender can have his or her name and personal information removed from the registry. The offender must first provide proof of the pardon to a local police service. Removal of offender information is conducted by the RCMP. Police services are responsible for the destruction of any files relating to the offender.