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Registration Laws for all 50 States

ACSOLGeneral News

Chart of Registration Laws for Visitors Updated

We have updated the comprehensive chart outlining the laws for visitors to each of the 50 US States, the District of Columbia and assorted territories. This chart is intended as a guide (applicable state laws are referenced by code number) and not to be misconstrued as legal advice. Please be sure and carefully read the notes and disclaimers on Page 1.

https://all4consolaws.org/us-sex-offender-registration-laws/

Join the discussion

  1. TS

    Thank you @ACSOL for this updated matrix. Very informative and helpful.

  2. Worried in Wisconsin

    Question:

    The footnote on page one, the one with the yellow highlighting, quotes 34 U.S.C. § 20913(c) which requires one to inform the jurisdiction within 3 days of a change in residence. According to the code, reside is defined as:

    (13) Resides
    The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives.

    Does this or does this not require one to notify jurisdictions as one travels across the country on a road trip?

    For example: I’m registered in Wisconsin. I’m about to take a 2-week road trip, staying just a few days in each state/place. Before leaving home, I will notify my state registration specialist of my intention to travel and list a general itinerary. Main purpose of this is because I’m away from home for more than 7 days and want to demonstrate my intention to not change my residence. I also do this due to some language in the SORNA Final Guidelines which mentions notifying the jurisdiction of places where one will be when away from one’s residence for periods of seven or more days.

    The definition of reside in 34 U.S.C. § 20913(c) is vague (where the individual habitually lives). It is further fleshed out in the SORNA Final Guidelines as “The specific interpretation of this element of “residence”
    these Guidelines adopt is that a sex offender habitually lives in the relevant sense in any place in
    which the sex offender lives for at least 30 days.”

    The guidelines do mention that it’s not necessary for one to actually reside somewhere for 30 days, just to intend to do so. In other words, if I go to a state with the intention of living there for 30 days I’d have to register within 3 days according to US code.

    I’m not an attorney, just a guy that can read code a little. That said, my interpretation is that traveling through a state would only trigger a requirement to register if the time in the state was a) long enough to meet the state’s minimum requirement, or b) done with the intention of establishing a residence or remaining 30 days or more.

    Anyone care to add some knowledge to this? Anyone have any legal advise they’ve received regarding travel and the 3-day requirement?

    • TS

      @WorriedinWI

      Your code breaking skills are good.

      Since you are merely traveling and not residing in the places you are traveling to, you are not setting up a residence by definition. Staying within the guidelines of the state’s visiting (not residing) guidance makes three days a moot point.

      Here is the entire code section for 20913 (https://www.law.cornell.edu/uscode/text/34/20913) verbatim:

      (a) In general

      A sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence.

      (b) Initial registrationThe sex offender shall initially register—
      (1) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or
      (2) not later than 3 business days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment.

      (c) Keeping the registration current
      A sex offender shall, not later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least 1 jurisdiction involved pursuant to subsection (a) and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry. That jurisdiction shall immediately provide that information to all other jurisdictions in which the offender is required to register.

      (In one state I know, they give registrants five days (which is three biz days and the weekend) to report any residence changes if one moves to another county within the state (in addition to the other changes noted). They want it to be with the receiving (moved to) county who then updates the state database with the new info and eliminates the removal step before moving.)

      (d) Initial registration of sex offenders unable to comply with subsection (b)
      The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders and for other categories of sex offenders who are unable to comply with subsection (b).

      (e) State penalty for failure to comply
      Each jurisdiction, other than a Federally recognized Indian tribe, shall provide a criminal penalty that includes a maximum term of imprisonment that is greater than 1 year for the failure of a sex offender to comply with the requirements of this subchapter.

  3. AO

    Thank you for this!

    I had a question about this type of wording for several states: “Visitors: presence in the state for 3 calendar days triggers an obligation to register within 3 business days.”

    So if I’m there for a 5 day vacation, do I need to register? I mean, I obviously “trigger” this because I’m there for more than 3 days. But do I then have another +3 days to register or leave the state? Or is it that if I know I’m going to be there for more than 3 days that I basically have to register within those first 3 days I’m there?

    Also, looking at this matrix sure does make all those “Price Club” arguments look incredibly bad in retrospect. Though I’m sure law makers and judges will still argue that this isn’t technically a “burden” in the same why that they technically classify a slew of offense as “violent” despite no contact being made. I’d love to present this type of document in court.

    • TS

      @AO

      I don’t think your 3+3 argument would work with the court. The three business days could be folded into a five day long weekend and possibly still be legal but would that fly in court? IMO, it could with a savvy atty if they felt they could win or yourself if you went Pro Se using symantecs, letter of the law v spirit of it, and legal contracts language definition of when the first day is (which is usually the day after).

  4. AO

    New Hampshire looks like it might have a small loop hole?

    5 business days for initial reg. and updates. §§651-B:4, B:5
    Visitors: “Residence” defined as more than a total of 5 days during a one-month period. §651-B:1(XIII).

    Is this a named calendar month or a 30 day period? What I mean is, can I technically do a 9 day vacation there if I start it on September 27th and leave by October 5th?

    Also, a question on California’s “All must register w/in 5 working days of coming into jurisdiction”. Does this mean I can’t take a vacation in CA as a resident of CA for more than 5 days without needing to notify the local PD that I’m currently on vacation in their district? If so, I bet pretty much all CA RC’s are out of compliance on this one.

    • NPS

      This issue in California is 5 “working days”. That varies from jurisdiction to jurisdiction. Weekends and holidays don’t count toward those 5 days. Then consider the individual department. The registering officer may not be working on certain weekdays..so does that not count towards the 5 working days?

      In my city, the registering officer will only make your appointment on the telephone. You cannot make an appointment in person at the police station with just any officer. It has to be the registering officer. That officer only takes phone appointments on the 1st and 3rd Wednesday of each month. You can leave a message at any other time, but they will not get back to you until that 1st or 3rd Wednesday. So residents have to call 30 days ahead of time to make their appointment. (I go in tomorrow at 6am for my annual). So if someone were to make an impromptu visit in my city for a week, they would be out of compliance simply because the officer will not take your call except for those 2 days of the month before giving you an appointment.

      Ridiculous.

      • Tim Moore

        Two registering clerks told me the 5 business days include only the days the office did registrations. In San Diego County, that is four days in a week, M-Th, plus the next Monday. FRI, SAT, SUN do not count. Do I trust them?

        • AnotherAnon

          I think so, and if a holiday lands on a Monday that would be another day that didn’t count.

        • Neil

          I would *not* trust the local police department’s interpretation of the phrase “working days.” If you are prosecuted for failing to register, the judge will define that phrase in light of objective and plain language, case law, the dictionary, and perhaps other sources such as legislative intent. The judge will probably not defer to the unique practices of a particular law enforcement agency to define a statute, even if you could offer credible and admissible evidence that the clerk told you that (a big “if”). You also do not want to be in the position of having to defend against a failure to register charge on that basis, because the penalties are so severe. Better to play it safe and abide by the standard definition, which is any weekday that is not a legal holiday. Based on the chart, California does seem to provide an unusually long time to register and provide updates.

        • AO

          @Neil – What I would do is call and record the conversation (let the person know you’re doing so). That would show that you made an effort and this is what you were told. I can’t see a judge with such evidence state that you should’ve done more research beyond the recommend contacting the local registration office.

        • AnotherAnon

          Seems to me working days are the same as court days. If the office is closed, that would be the same as a closed court day.

          The court has its own calculator and others might not think it applies, but I don’t see how a court could disagree with its own calculator. Different states likely have their own calculator, but this calculator would cover most holidays nationwide.

          Court Date Calculator

          https://www.lacourt.org/courtdatecalculator/ui/

          Bottom line, 5 days in California does not count weekends, so even if there are no holidays and the office is open Mon-Fri, it works out to a 7 day buffer. According to the calculator:

          5 court day(s) from 09/20/2018 is 09/27/2018

          So I think the officers are telling it like it is. It happens now and again.

        • Tim Moore

          As a practice, I just use 5 calendar days either side of my birthday. I don’t wish to make it any more of an exercise than it already is.

    • TS

      @AO

      While you may have a good time playing semantics (as opposed to symantecs in my previous post above) in court on this one, IMO, I don’t think you’d win because legal contracts says it is a 30 day rolling window of time so it could start at anytime as opposed to a named month.

      Isn’t registering just a PC membership contract?

      • AO

        @TS – I certainly won’t argue that the court could see it whatever way they want. But if that’s the actual verbiage (one month rather than 30 days), I think I might be on the right side. Reason being is that a month isn’t defined other than a named calendar month which can range from 28-31 days. As well as the fact that other parts of laws used specific number of days rather then an ambiguous verbiage such as “month” to define a length of time.

        • TS

          I proffer this USG CFR below, @AO, in the quandary of one-month v number of days v named months and stand on it is a rolling window of time (see note (c)) not related to a named month:

          29 CFR 4000.43 – How do I compute a time period?

          https://www.law.cornell.edu/cfr/text/29/4000.43

          (a) In general. If you are computing a time period to which this part applies, whether you are counting forwards or backwards, the day after (or before) the act, event, or default that begins the period is day one, the next day is day two, and so on. Count all days, including weekends and Federal holidays. However, if the last day you count is a weekend or Federal holiday, extend or shorten the period (whichever benefits you in complying with the time requirement) to the next regular business day. The examples in paragraph (d) of this section illustrate these rules.

          ***Meaning, the 3 business day rule is the next business day after your arrival is the first business day, but still recommend checking the state code text.

          (b) Deleted for brevity

          (c) When counting months. If a time period is measured in months, first identify the date (day, month, and year) of the act, event, or default that begins the period. The corresponding day of the following (or preceding) month is one month later (or earlier), and so on. For example, two months after July 15 is September 15. If the period ends on a weekend or Federal holiday, follow the weekend and holiday rule of paragraph (a) of this section. There are two special rules for determining what the corresponding day is when you start counting on a day that is at or near the end of a calendar month:

          (1) Special “last-day” rule. If you start counting on the last day of a calendar month, the corresponding day of any calendar month is the last day of that calendar month. For example, a three-month period measured from November 30 ends (if counting forward) on the last day of February (the 28th or 29th) or (if counting backward) on the last day of August (the 31st).

          (2) Special February rule. If you start counting on the 29th or 30th of a calendar month, the corresponding day of February is the last day of February. For example, a one-month period measured from January 29 ends on the last day of February (the 28th or 29th).

          (d) Examples –

          (1) & (2) Deleted for brevity

          (3) Counting months. Suppose you are required to issue a Participant Notice two months after December 31. The deadline for the Participant Notice is the last day of February (the 28th or 29th). If the last day of February is a weekend or Federal holiday, your deadline is extended until the next day that is not a weekend or Federal holiday.

          Conclusion – The best bet would be to ask NH for their definition of one-month when it comes to the law. However, unless the state has it specifically noted for counting months as the USG does here in the CFR, using this rolling window would seem to be legally binding in a court of law.

          Now, to throw some extra reading interest into this topic, here is this legal website where attys provide answers to questions (in this instance, what is one month?): https://www.avvo.com/legal-answers/how-many-days-is-one-month-and-twelve-months-in-le-1852155.html

      • TS

        I will amend my monthly rolling window answer from 30 days to see 29 CFR 4000.43 (How do I compute a time period? https://www.law.cornell.edu/cfr/text/29/4000.43) for the one-month calculation definition. A legal month is 28-31 days depending on the rolling window start and end dates.

        • AJ

          Backing up what @TS has supplied:

          The unit of measurement “month(s)” means calendar month(s). Likewise, the unit of measurement “day(s)” means calendar days. Finally, the unit of measurement “hour(s)” means clock hour(s).

          Using these examples, November = 1 month = 30 days = 720 hours. A non-leap-year February = 1 month = 28 days = 672 hours. In the “month” measurement, November and February are equal; beyond that, they are not.

          The days/hours issue is where one needs to be careful. If a State uses “day” it will almost assuredly mean any portion of a day counts as a full day. Therefore Monday @ 11:59 PM to Wednesday @ 12:01 AM counts as 3 days. However, if a State uses hours, that same Monday – Wednesday time frame is only 26 hours (1 minute becomes 1 hour, plus 24 hours, plus 1 minute becoming 1 hour). In this hours example, Monday @ 11:01 PM to Wednesday @ 12:59 AM would still be 26 hours. Clearly, “hours” can often be more beneficial than “days.”

        • AO

          @ TS & AJ – I’m still not clear on the answer to my question. As I quoted the law, am I correct in how the law functions? Can we technically stay longer without registering as long as we do it at the end of a month and have it overlap to the next to reset the clock? Thanks!

          Side note – I like to game table top games like board games and card games like Magic: The Gathering. I used to judge these events. And always looked for loopholes and understanding of the rules on a detailed level (you’d be surprised how detailed they are; MTG’s full rules are hundreds of pages once you delve deep into it). All of this feels like that except my literally freedom of life was never on the line when playing these games. It constantly feels like some cop will roll up on me with a 10-card combo, using a convoluted rule on page 284.

        • TS

          I am going to add to what @AJ has added here and say I cannot find a definitive CA state code which defines a day, a month, or a year (like I showed above through AVVO and how VA calculates their time or how the USG does through the CFR). That does not mean there is not one, it just means it did not come up in my search results. BTW, I did not find one for NH either.

          However, what I did find is there are many ways to do time according to the needs of the situation, e.g. educational school days (hrs in a a school day), legal filing (time to meet filing needs), terminate a lease, a day off in a work week, overtime, times within a period (such as getting things returned from LE), etc.

          Just because the first business day is the day after the stated arrival day, as I showed above by CFR, that does not mean the courts or law will go with it. Just as @AJ said, the first day will most likely be the first time you step foot into the state because it works for the law and possibly you if you are on the legal confinement sentencing clock.

          The lesson to take away is time is not always on your side when you think it is, but should be checked when going somewhere unless explicitly defined in state code/law/statute to which you can refer to in a pinch. A question posed to a state elected official(s) would be nice to see what they come up with for answers with a reference(s). If anyone got those answers, then it would be interesting to see them here. The answer cannot be “We’ve always done it that way” without something to reference the specifics.

        • TS

          @AO

          I say no, you would not be able to do 4 days at the end of one month and 5 days at the beginning of the next. That is not how the month calculation works. If you can beat that by semantics in court, the way it is written, and letter of law v spirit/intent of law, all the more power to you, but I don’t see it working that way and wouldn’t recommend trying it.

          Remember, even if the state has not legally defined time as they want to see or use it, there is the CFR that could be used. Per the CFR, from one day in a month to its matching day the next month is how it works, e.g. Sep 21-Oct 21.

          Seeking loopholes can be fruitful, but be weary of how you are trying to use allegedly found loopholes because they could close up into a noose. Asking for forgiveness here on a day count may or may not work in court when registrant’s are supposed to know ahead of time. Search, check, ask someone who will know, e.g. an elected official if you can or an atty who may be able to and is willing to honestly help.

    • AJ

      @AO:
      Below are my layman’s opinions regarding your two questions.

      *****
      “Visitors: presence in the state for 3 calendar days triggers an obligation to register within 3 business days.”
      ——-
      Unless this is the exact wording from the various States’ statutes, I’d be wary of it. I personally believe it’s a misstatement, or at least a poorly composed sentence, by the document author. I suspect what was meant is that the clock starts ticking the moment one is present in the State, and then one has 3 days to register–meaning on day 4, you’re illegal. If this wording *is* correct, then one would have no obligation to register for the first three days present in a State (just be sure to get out by 11:59 PM!). Given most States’ laws read to the effect of, “a person required [i.e. obligated] to register under this Statute,” that would mean any presence and/or residency restrictions would not apply until on or after day three…because one is not (yet) required to register. I seriously doubt any State, especially one with such restrictions, is going to give a shamed-citizen three days of freedom to kidnap, photograph, and abuse all the children–as we all know all of us are waiting to do the moment we aren’t on a website.
      .
      *****

      Visitors: “Residence” defined as more than a total of 5 days during a one-month period. §651-B:1(XIII).

      Is this a named calendar month or a 30 day period? What I mean is, can I technically do a 9 day vacation there if I start it on September 27th and leave by October 5th?
      —–
      Again, you will need to consider each State’s (here, NH’s) case law and/or statutes for how it’s defined. It can vary State by State. (See: https://legal-dictionary.thefreedictionary.com/Month for insight. Pay particular attention to items 7 – 9.) Based on the NH info you provided, I think the answer to your question is, “yes.” Take your example and reframe it a bit: Suppose you are in NH Sept 1 – 5, then leave, returning Oct 27 – 31. Would you be required to register? I say no, because you would have two consecutive 5-day stays in two separate (calendar) months, which doesn’t appear to require registration. Now slowly squeeze those two travel times together. Is there some magic or legal trick that happens when they have zero days in between? Based on the Statute as you posted, I say the answer is “no.” 5 days in any one particular month is 5 days in any one particular month, regardless of what has happened in the preceding or succeeding month and regardless how closely it neighbors my next visit in another month. The thing to watch for would be any sort of “cumulative days” clause in the Statutes.

      (A similar trip could be done with places like IL that have “any 3 days per year” laws. There, I could arrive December 29, leave January 3, and I should be safe. However, I would not be able to return until January 1 of the succeeding year without registering.)

      *****

      One question I have about all this is at what point does a State reset the clock? I suspect that, too, is based on the hours/days/months definitions. If a State says 48 hours, I *should* be able to leave prior to the completion of hour 48, stay away 60 minutes (or perhaps 61 minutes, to be safe), then return to a zeroed clock. Likewise, if a State says 3 days, I *should* be able to leave no later than 11:59 PM on day 2, stay away an entire calendar day, then return to a zeroed clock at 12:01 AM on what would have otherwise been day 4.

      Were I personally trying this, I would absolutely check out of my lodging as well. IMO, keeping a hotel room in LV, bopping over to CA for a lottery ticket and a bite to eat for 90 minutes, then returning, would not reset the clock…as I would still have a continuing “residence” at the hotel. However, were I to check out of the hotel, bop over to CA, then return 60+ minutes later–even to the same hotel–and check-in under a new reservation, I would have a higher chance of succeeding in a court room. Again, all and only my layman’s opinion.

      • TS

        @AJ

        Thanks for those answers. I didn’t see the free dictionary definitions. When those are reviewed, certainly gives thought to a possible 9 day trip across two months.

        • AJ

          @TS:
          Why only 9 days? If for fear of hitting the 5-day limit, 9 consecutive days across two calendar months will hit it, too. Either 8 or 10 days seems more the answer.

        • TS

          @AJ

          The second sentence in my reply is a misunderstanding on my part. It should have been deleted before being published or submitted for review before publishing. However, we have lost the five minute post review ability here it seems unfortunately after initial submitting for review/publishing.

          The first sentence should have been my total reply expressing gratitude for the month definitions.

      • AnotherAnon

        It might depend on if the juristiction is SORNA compliant or not.

        https://smart.gov/faqs/faq_registration.htm#2

        • AJ

          @AnotherAnon:
          “It might depend on if the juristiction is SORNA compliant or not.”
          —–
          Whether or not a State has opted to comply with SORNA is irrelevant. There are duties and requirements in SORNA that apply to you, the citizen. Unlike the States, you don’t have sovereignty allowing you to ignore Federal mandate. Could one skate by in a non-SORNA State? Probably, but if USMS ever gets pissy or itchy, look out.

        • AnotherAnon

          Worth considering. Thanks.

      • Tim Moore

        I don’t know, AJ, if I were a prosecutor, heaven forbid, I would try to show an intentional avoidance of the laws if you were popping across the border may be more than once or twice. Hard to prove you weren’t just trying to avoid the obligation of registration. Yeah, in this climate, I think a judge would look at this as you having some sort of ulterior motive other than just trying to have a vacation without having your name on another state’s registry thrown into the bargain. Maybe the judge would have compassion on you for that. You know how they believe at heart this registration requirement is ex post facto punishment (sarcasm). I don’t know if the letter of the law would protect you. Doubt it.

        • AJ

          @Tim Moore:
          Oh I agree that it would still be risky to do. I was more trying to point out that the idea others have put forth of simply buying a lottery ticket in CA would somehow save them. I maintain that *at minimum* one would have to do what I suggested. Would it fly in court? Who knows, but given the disdain with which we’re held, I’m with you in doubting.

          Some devil’s advocate questions, for you or whomever: How much time must elapse before it’s not viewed as intentionally avoiding registration obligation? Assuming no “cumulative days” law, how many times am I “allowed” to visit a jurisdiction and leave prior to registration requirements? Once a month? Once a year? As often as I like, as long as I leave for some (unknown) period of time? How is strict compliance with the law illegal? The laws give me a choice: exit before a certain amount of days/hours, or register. Is there a limit on how often I exercise that? “Smart” States have dealt with this issue by adding a “cumulative days” clause to their statutes.

          Were I in a legal battle over this, I would say to the judge that, as demonstrated in other jurisdictions, the legislature was well within its powers to enact a “cumulative days” requirement. Also, if the legislature didn’t feel compelled to impose “cumulative days,” why would I need to self-impose a “cumulative days” restriction? Had the legislature wanted a cap on how many times I can enter the jurisdiction without registration, it would/should have enacted some sort of cumulative-days statute. “Legislative silence” is often deemed as intentional and of meaning.

  5. Mot

    Question on reading this tag, if since I live in CA.and I go on vacation outside of CA do I have to notify anyone of my intention i have been off probation for over 10 years

  6. John

    This is great. Thank you for this. some things are somewhat confusing. I can see why at times even law enforcement are bewildered by these restrictions or laws.

    Ok so if I go to California from my home state and I stay there for 4 days, then I don’t have to register. If I stay there for a whole week (7 days ) then I have to register.
    Now, if I go to California for 4 days and then leave back to my home state, but if I return in a month which is within the calendar year for 4 more days then I have to register ? I must wait until a new calendar year to visit California again to avoid registry ? I think I understood that correctly.

    • AO

      @John – CA seems to only look at consecutive days in any single visit rather than aggregated. The states which do have aggregated rules are stated in the matrix as such and what number of days are. As currently written, you can technically vacation in CA indefinitely as long as you leave the state for any period of time before the time lapse. So 4 days in, step out of state to gas up your car, and pop back in to reset the clock.

      The only thing that’s not entirely clear to me is traveling within a state. I somewhat read it as that even as a resident of CA, you still have to follow the registration day limit when traveling within CA. Like, I can’t go to LA for a week without needing to register. But even then, I think I could technically do what I said above to reset the clock by simply leaving one jurisdiction to gas up and then return. Though I’m hoping I’m wrong and this only really applies to state travel and not within the state travel for RC residence. I certainly don’t want to have to worry about going camping for two weeks and needing to worry about registering in and out with whatever jurisdiction Yosemite is in and such.

      This would be especially burdensome when traveling for business on a tight schedule. I used to travel to trade shows. Pretty much always the schedule was land in the city in late afternoon and get to work. Do the trade show opening to close for X days and fly home at the end of the last trade show day. I’d literally have no time to go do a grocery store run, let alone spend hours registering in and our according to whatever schedule they felt like giving me that day. And I certainly can’t ask my employer to give me an extra day and accommodations at the start and end of the trip nor can I foot the bill to do so myself (not even considering that I have to work my normal job the day prior and post my business travel to allow for additional time to register).

      • John

        @AO

        ” So 4 days in, step out of state to gas up your car, and pop back in to reset the clock. ”

        Thanks AO, this is exactly what I was looking for in my question. If it “resets” the clock – visit Cali for 4 to 5 days fly back home and come back again in that same year. Now traveling within California lets say I’m in the bay area for a week, but want to go down to LA for another week …would hate to leave state lines just to pop in for the sake of not registering. It is quite the inconvenience, yet these laws and restrictions have always been so.

      • AJ

        “So 4 days in, step out of state to gas up your car, and pop back in to reset the clock.”
        —–
        I still maintain that’s a risky proposition if all your luggage, valuables, family, etc., remain in CA while you tank up. Without demonstrable facts (checking out of hotel, kissing grandma goodbye, emptying the RV waste tank) showing I’m moving on, I’d be careful.

        Were I a prosecutor, I would maintain the out-of-state errand did not break continuity of “residence” in CA. That you do a day trip to LV but lay your head back on the same pillow in CA that night would, IMO, be very persuasive that your intention was purely to game the system. But it is a nice “hokey pokey” situation: “You put your RC in, you put your RC out….”

  7. mike r

    Off topic but I am sure glad this Kavanaugh accuser came up. Now we will get to see exactly what should take place when someone brings these ridiculous allegations from decades ago that cannot be proving either way. This has got to stop, it’s UnAmerican, violates all due process, and destroys our innocent until proven guilty constitutional theory. These types of issues are coming to a head and will decide which way our country heads. Right now we are kiving in tbe edge of dictatorship and it is not come out of the GOP, sorry to get political but it is fact…

    • Lovecraft

      The bad part, like Clarence Thomas, being accused of anything involving the word sex in it will likely change or at least skew how he would rule on future cases supreme court or not. Im sure if this blows over he would never want to give the appearance that he was being “soft” on rulings involving anything sexual or registry related, Thomas sure hasnt given that impression.

  8. HopingForHope

    Would love to know if anyone has been questioned, arrested, convicted, etc. on some of the kinds of technicalities described above. These statutes are nothing BUT technicalities. It seems that if they look hard enough, they could pinch you for SOMETHING. I’m wondering if that actually has happened, and by technicality, I am referring to the fine print. We all the know the basic rules. The devil, as they say, is in the details, but as some of these comments clearly indicate, many of us are simply incapable of interpreting these details correctly because we are not attorneys. I’ve actually shared the same statute with more than one attorney, and got different interpretations.

    • David

      @HopingForHope: You ask a good question and I’ll anxiously await any replies.
      Personally, aside from the sheer injustice and illogic of the vast majority of these laws, one of the things that irks me most is the fact that these laws are strict liability laws.
      By my understanding of what constitutes a “strict liability” law, lawmakers can create whatever laws they wish, while never notifying the individuals who are being directly affected, and they can then punish those individuals when they break a law of which they’ve never been informed. If the intent of any such new law is to prevent people from undertaking a specific action or activity, then clearly part of the law’s preventive action would be to notify all individuals that such action or activity is henceforth prohibited. If a new law or restriction fails to notify the individuals to whom the law is directed, then that new law seems clearly intended as a TRAP! Furthermore, not only do lawmakers create NEW laws, but they also revise/ amend existing ones (e.g., reducing the number of days allowed for this or that, requiring yet another piece of information that is now to be provided to LE, etc.) All the individuals affected not being notified of, but still being held 7liable for – any breach of the law is simply madness to me. How is this possible???

  9. Anonymous

    I recently obtained employment that will eventually have me travel for work. The jobs that I will be working away from my home state will be a complete and utter, crazy whirl wind for 3 to 10 days each and I won’t have time to go somewhere to register. I’ll catch sleep when I can that’s how crazy these jobs are. This is a very high income, very stable career and they are training me. And they like me despite my past!!! What do I do??!? Help please.

    • David Kennerly's Government-Driven Life

      Take the job. That’s what I would do. Further, and this will be very controversial, of course, I would not register in any of those places where you are visiting if, as you say, the maximum anticipated stay will be ten days. Yes, it’s a crapshoot but one which, in my opinion, is very unlikely to land you in trouble. Complicating factors that might sway me in the other direction would be such things as driving, rental cars, hotels with policies of checking sex offender status and total documented periods for each of those transactions or anything else that carries an increased risk of law enforcement scrutiny. This might mean checking out of a hotel and checking into another. The same with rental cars. Throw away all receipts immediately so that they are not in your possession. We have not been hearing much, if anything, about Registrant visitors being arrested for not registering in places they are visiting. This could change, however. Again, this is what I would do and it will be up to each person to weigh the risks vs. the rewards themselves. Let the shouting begin 🙂

      • Mr. D

        I agree with David Kennerly on this. I have been traveling out of state quite often times each year for over the past 20 years. With a few exceptions it’s usually 10 days or less. I’ve never registered or notified the state in which I’ve traveled to, or notified my home state of California with the exception of when I depart on international travel the past few years. And as David said you want to watch your tracks and not put yourself out there anymore than you have to. For example when renting a car I make sure that I’m always within 5 miles an hour of the speed limit. And choose your hotel options carefully. For example a higher quality hotel chain such as Sheraton or Marriott is not going to be passing there daily roster of guests to the police as where maybe a Motel 6 or super 8 would. I’m more fortunate than many since I have an expungement and I’m not on the public website but I still am very careful when I travel. From my perspective registering in another state or getting my picture plastered on the Internet only further deepens the task that I have to become normal again.

        • TS

          Best Value Inn does ask about registrant status and will refuse a room to a registrant.

        • Lake County

          Mr D, you’re right, don’t register your name at any of the cheap motels. Those will be the ones more likely to give up the list of guests to the police.

        • Will Allen

          TS (September 20, 2018):

          I will be very happy to give none of my money to Best Value Inn. I will do what I can to encourage others to do the same. I don’t forget people or businesses who are immoral and anti-American.

          I also am very careful to ask just about every single person or company that I do business with if they support the Registries or not. I’ve sent many an HVAC company packing and losing tens of thousands of dollars because I don’t like their answers. But these days, I ALWAYS look at some local Registries first and find companies that have employed Registered people. Then when I hire them I tell them why.

          We all do need to get much better organized. We need a permanent, nationwide blacklist of companies, organizations, and people with whom millions of people will not do business. We need a Registries of terrorists. Many, many people have talked about it over the years. *I* need to get off of my rear and do something about it.

    • CR

      I wouldn’t take such a job. You are likely to encounter situations where you will be unable to comply with registration requirements or exceed the time limit for registration, making you subject to arrest and prosecution for either or both of Federal or state FTR violations.

      You better make sure you understand the Federal SORNA registration requirements for people who travel in interstate commerce.

      18 U.S.C. § 2250
      https://www.law.cornell.edu/uscode/text/18/2250

      34 U.S.C. § 20913
      https://www.law.cornell.edu/uscode/text/34/subtitle-II/chapter-209/subchapter-I/part-A

      You also need to understand the registration requirements for visitors and/or people who travel for work or study in each state that you visit.

      The kind of job you are describing with a crazy whirlwind schedule and no time to register is going to put you at risk of a new conviction and prison time. In fact, I’d say it’s virtually certain to occur in the long run.

      • Anonymous

        I have the job already. I haven’t been put in the field yet. Post sentence and I can’t live free? I’m an ex con. That’s it. I have a wife and children and friends and loved ones & I finally love what I do for a living. I’m not quitting this job. I am serious about everything I have written here. 800,000 sex offenders. Don’t some of them travel for business as well? You bet they do. How do they “get away with it?” HELP!!

        • CR

          No, you can’t just live free, even after you have done your time, post parole or probation, etc. It’s just not like that for registrants. Sorry. We are subject to all kinds of myriad registration, residence, presence, and employment restrictions that no other ex con is subject to. Violation of most of them results in another felony offense, usually with mandatory prison time.

          Let’s say your job sends you to Oklahoma. Oklahoma has a 2000 foot restriction on where sex offenders can reside. It includes day cares, schools, parks, and playgrounds, maybe more. The restriction applies to residents of the state and to visitors. An article I came across a while back said that only 16% of Oklahoma City was available to sex offenders, and most of that was around the airport. For Tulsa, it was 8%. It’s very likely in either of those cities that the hotel you stay at will be within an exclusion zone. You risk arrest and conviction with a mandatory prison sentence by being there, even if you are not in the state long enough to trigger the registration requirement.

          My opinion is that the travel requirements of your job, as you describe them, put you in very grave danger of going to prison. You seem to be minimizing the consequences.

        • Will Allen

          You do need to live free. Do not accept the crimes of the criminal regimes or the criminals that support them. You should be retaliating right now for the trouble that they are causing you right now. And be ready to retaliate for anything in the future. Make them pay. A huge price. For real.

      • E @ CR

        Are you stating that when traveling, we should be equally concerned about state statutes as these federal (3 day) statutes?? That’s never been my impression; I check each state individually. This is so confusing it’s crazy. Whether or not a state is SORNA compliant, you might be traveling interstate and abiding by a 5 day registration in the state but SORNA says 3 days? What if the state isn’t SORNA compliant? Do we individually have to be SORNA compliant?

        • CR

          I believe the federal 3 day requirement is applicable upon a change of residence. The definition of “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives.

          Kind of vague. I find it all very confusing too. I’m sure that’s by design. In any case, the federal law also dictates that ever state require a prison term of not less than 1 year for a violation of the registration requirements.

          I don’t know what in the Federal SORNA law applies and what doesn’t based on whether or not the state you are from or the state you are visiting is SORNA-compliant. It seems, however, that any part of the SORNA law that is directed to the individual former offender, rather than to the state, would apply regardless of whether or not any particular state is SORNA-compliant. For example, IML applies. Likewise, I believe the registration requirement applies.

    • JM from wi

      Keep an eye on each states restrictions. Places like Florida are intolerant. If you could develop a relationship with Janice, or some attorney… NARSOL has regional lists, you would at least be prepared for any issues. (You could also help bring down the repressive laws if you were arrested.) Not a nice thought. Ugly position to be in. Good luck.

    • AO

      @Anonymous – I’d be on the fence about this as well but likely take the job as you have. Should you be incredibly unlucky to have something happen, it would be a good case to present to the court of how unrealistic requirements are, particularly since how numerous and vastly different they can be. In CA, it’s pretty much unilateral across the board. But in many other states it can greatly vary down to city-by-city. I can’t see how it can be argued that you’re not greatly impeded in traveling when you’re forced to take additional days and expense in order to remain compliant. This is especially true in your case where it’s not leisure traveling but business, particularly so when traveling is your job, not a one or two time event per your for which you have ample notice. At some point, it very much infringes on right to travel.

      • CL

        My family member just got convicted and will begin serving the sentence next month. Commercial pilot is his career. What a nightmare we wil be facing as the restrictions are so different everywhere!

        • HopingForHope

          Was he convicted of a visitation violation? Haven’t heard of that before for a professional pilot.

    • R M

      Just a question: Do you guys really want to risk going back to jail/prison?

      • AO

        @T M, at some point, yes. Pretty much anything positive on the legal front has come from courts prosecuting people with bad laws. Things don’t make it to SCOTUS randomly very often, especially in our case. There’s always a plaintiff who was pretty much always wronged. Segregation didn’t end without Rosa Parks going to jail along with many others for not complying with the then law. Women didn’t win the right to vote without going to jail for not complying with the then law. Slavery didn’t end without a war. The more we remain compliant, the more of these regulations they’ll keep throwing at us. Give it enough time, and I wouldn’t be surprised if they put us all on a reservation. At some point it’ll become simply not worth living anymore. It’s getting to the point where you don’t know if you can wipe your ass without first checking your local ordnance.

        • Anonymous

          I started an amazing new career after conviction and I am very good at what I do. I should quit because of the registry? Maybe work t McDonalds or something? Are you insane? I have 1 life to live. My children are so proud of me. My wife is in disbelief (for the 2nd time in our marriage).

        • David Kennerly

          Eventually, we will have to sit at the lunch counter and ride the buses. That’s the truth about progress against oppression (and in reference to black non-violent resistance to segregation in the Jim Crow South). We will have to have those moments if we are to overcome oppression and a courageous few will have to be brave enough to take those risks. That’s not minimization but actual courage in the face of oppression. I can find no instances in any great movement for liberation in which such courage was not essential.

        • AJ

          @David Kennerly:
          “We will have to have those moments if we are to overcome oppression and a courageous few will have to be brave enough to take those risks. That’s not minimization but actual courage in the face of oppression.”
          —–
          Unfortunately, “The Man” has made it a much higher-stakes game. When Dr. King went to jail for his various “crimes” (including 30 MPH in a 25 zone), they were for a few days here, a few days there, and I expect most were misdemeanors. With our plight, we’re automatically slapped with Federal (and probably State as well) felonies and at least a year in prison, plus fines. Try that once or twice and pretty soon you’re in prison for life.

          So yes, it will take extreme courage on someone’s part. Unless and until it gets as bad as @AO painted it, count me out…though my freedom is curtailed, it’s still a LOT better than an hour behind bars.

        • David Kennerly

          AJ, that’s a very good point but not one of which I have lost sight. Indeed, it will require tremendous courage as well as collective action. The stakes are high, the penalties severe. I can understand your reluctance but would not wish to discourage the younger and the braver from playing what must be seen as an essential role in this movement. We should not hold any illusions that this struggle can be won in the courts or the statehouses, alone. Individually, perhaps, the penalties are too severe to rationally contemplate but through collective civil disobedience, we can attain a degree of insulation from the laws’ worst effects. Still, that does nothing for this individual who is not attempting to take such a political stance but to live his life as best as he knows how. Only he knows what he is willing to risk to live such a life. He has asked for our thoughts on his difficult decision and we have provided them. We cannot, however, live his life for him. Ultimately, he will be the one to either benefit or suffer from his decision.

      • Will Allen

        I think a more realistic question is what criminal regime wants to risk trying to put me in prison? I promise to God that they would pay. They could kill me today and still have lost this war. The more they harass me, the more they pay. That’s not changing, regardless of how often or much they lie that they are protecting people. They aren’t.

    • concerned

      if staying in same hotel change rooms every 2 or 3 days – technically it would be a different address

      • TS

        @concerned

        Technically, a different room at the same street address for the hotel probably won’t cut it for a different address for visit or registration purposes. An apt might, but hotel is doubtful.

  10. AnotherAnon

    On the other side of the coin is Paragraph 175, the Nazi sex code.

    https://www.youtube.com/watch?v=weWH_agBkW0

  11. Tim Moore

    These laws just draw up the picture for me of the guy in the movies firing bullets at the feet of another and saying “dance, dance”. As registrants we read the lews in minute detail and get good at learning the steps. It’s for our survival. Maybe we are smart enough now to self organize 900,000 strong and do a line dance of our own to stomp the system down.

    • steve

      Lol…Joe Pesci just watched Goodfellas last night.

    • Will Allen

      That right and instead we need to be telling the criminals to shove their “laws” up their lying asses. I have told them that specifically to their faces before. And via courts, of course.

      Some criminal LEOs told me once, “You are the only person who causes us trouble, everyone else is just fine.” I replied, “I’m very sorry to hear that.” And I was.

  12. Will Allen

    I think any person who is going to go to another state to do something illegal is not going to worry much about telling any criminal regime that he/she is visiting. In fact, I would think a person who is Registered and wanted to commit a crime would intentionally go somewhere he/she is not Registered.

    This Registering BS just harasses law abiding people. That is all it does. That is surely it’s main intent and purpose as well.

    Make them pay. Today. They aren’t Americans.

  13. JZ

    I’ve been pouring over this for weeks now and am still confused with some of the states’ requirements. Tennessee for example:

    “48 hours for initial reg. and updates, but “48 hours” does not include weekends and holidays. §40-39-202(32). Visitors must register within “48 hours” of entering state. “Primary residence” established after 5 consecutive days. “Secondary residence” means any residence for 14 or more aggregate days in a calendar year, or 4 or more days in a month. “Residence” means physical presence.”

    So if I visit on November 10th (Saturday), it, Sunday, and Monday (Veteran’s Day (observed)) don’t count towards the “48 hours.” Would I have to leave on Wednesday or Friday to avoid violation? I ask because “48 hours” is stated not to include weekends or holidays, but the term “days” does not specify if weekends or holidays are counted!

    Purposely confusing to trigger violations or idiots writing and approving laws they don’t understand?

    • TS

      @JZ

      My read with your description – arrive Sat (10th), leave Monday (12th) night or Tuesday (13th) morning since visiting four or more days triggers 48 hrs to register, which would start Tuesday AM.

      We’ve discussed this before here, but first day to count is most likely Sat (arrival day). There are other ways to count the days, but this is TN we’re talking here and they’ll shorten it.

      They’ll give you three free days to visit (10th-12th) before you need to register which is on day four, 13th, to visit four or more days.

      Could call a TN atty too to discuss.

      • JZ

        Thanks TS. Tennessee is almost as bad a Floriduh; you get only two days, and every day counts!

    • AJ

      @JZ:
      From what you wrote, it appears to me that as long as one avoids establishing a “primary residence” or “secondary residence,” one could arrive at or after 12:00:00 AM Saturday and leave prior to 12:00:00 AM Thursday and be fine.

      Apparently RCs are only a risk to public safety during the administrative work week. What would they do if Halloween were an official holiday? OMG, their heads mights explode!

      Side note: always be wary and curious if a law uses the term “midnight.” Unless specifically defined, midnight is not a time of day, it’s a dividing line between two days. In truth, one could consider each day to have two “half-midnights” at the start and end. Parking regulations have historically been bad about using “midnight.”

      • TS

        @AJ took what I was thinking after publishing my comment and wrote WRT to the 48 hours starting Tues 12 AM taking one to the 11:59:59 PM Wed. That technically gives you two extra “free” days to visit before the 48 hour period has ended and you should leave to ensure you are not establishing any sort of residence. We have talked here previously about splitting of hours to our advantage using their verbiage.

        I think if the DA would to look at the letter of the law as written and the spirit or intent of the law as desired when passed, their heads may explode when they see how it can be interpreted by a person, which can be dangerous because SCOTUS has not said a person can misinterpret a law like LE can.

        • AJ

          “I think if the DA would to look at the letter of the law as written and the spirit or intent of the law as desired when passed, their heads may explode when they see how it can be interpreted by a person, which can be dangerous because SCOTUS has not said a person can misinterpret a law like LE can.”
          —–
          Supporting using the letter-of-the-law interpretation is the court precedent (I’ve seen it many times, but it escapes me right now) that says essentially courts will read the law to mean what the common usage of the words are. So spirit and intent only come into play when there’s some level of opacity regarding the letter.

          Again, apparently there’s only a public safety concern during regular business hours. Weekends and holidays? Nah, too expensive.

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