What Is a SORNA (Sex Offender Registration and Notification Act) Violation? 2024

The Sex Offender Registration and Notification Act (SORNA) was enacted by the federal U.S. government to consistently track sex offender registrations across tribal areas, all 50 states, and U.S. territories. Those who have been convicted of certain sex offenses must register under SORNA, which has strict requirements for registration and reporting. Those looking to comply commonly ask, “What is a SORNA (Sex Offender Registration and Notification Act) Violation?”

A SORNA violation happens when a convicted sex offender fails to adequately follow the guidelines for registration and reporting outlined under SORNA. SORNA violations can result in federal criminal charges and penalties, including prison sentences and severe fines. By understanding the specifics of SORNA and the different kinds of violations that can occur, those required to register under the act can maintain compliance and avoid unintended negative consequences.

A Breakdown of the Federal Sex Offender Registration and Notification Act

In order to understand what constitutes a sort of violation, it is critical to first grasp the meaning and purpose of SORNA. This federal law was enacted to combat inconsistencies in sex offender registration across the country, and provide support to law enforcement with tracking and managing individuals with certain prior sex offenses.

Prior to the introduction of SORNA, every state had separate laws and regulations for registering as a sex offender. This made it difficult for law enforcement to consistently track all registrants as they moved to other jurisdictions or states. SORNA introduced the following elements:

• Convicted sex offenders are required to register in all jurisdictions where they are living, working, or going to school.
• Standardized timelines are established to update information, such as a change of job, address, or educational institution.
• Straightforward guidelines for public notification about sex offenders are provided through the National Sex Offender Public Website.
• Standardized classification systems for sex offenders are established depending on the nature and seriousness of the crime committed.

Sex offenders are grouped into three different tiers under SORNA, each coming with different requirements for the amount of time they need to be registered and the frequency with which information must be updated.

Understanding SORNA Violations

A SORNA violation happens when an individual who is required to register as a sex offender does not comply with the registration or notification regulations. Under SORNA, offenders may be subject to stringent requirements, including:

• Reporting any change in address, job, or school within a certain period of time.
• Promptly registering after they are released from custody.
• Regularly updating any changes in personal information.

SORNA violations can occur when a sex offender fails to comply with the above requirements or if they provide false or incomplete information when registering or reporting for their regular notification.

Penalties and Consequences for a SORNA Violation

The seriousness of a SORNA violation is dependent on the classification or tier level of the offender, the length of time that the offender failed to comply, and whether the offense involved interstate transportation. Noncompliance with SORNA rules and regulations can lead to federal crime charges, with potential penalties including:

• Long prison sentences. The length of the offender’s potential sentence is dependent on various factors, including the seriousness of the violation, whether the violation is a repeat offense, and whether the offender went to a different state.
• Hefty fines. Individuals convicted of SORNA violations can face serious fines, which could contribute to their financial instability. Fines can be particularly devastating for sex offenders, as employer background checks already make it difficult for those with sex offenses on their criminal record to gain meaningful employment.
• More severe requirements for registration. Any violation of SORNA can lead to an extension of the amount of time that an individual is required to be registered as a sex offender under SORNA.

FAQs

Who Is Required to Register Under SORNA?

Any person who has received a conviction for a qualifying sex-related offense under tribal, state, or federal law will need to register as a sex offender under SORNA. Required registrants can include those convicted of child pornography crimes, sexual assault, or coercion and enticement of a minor. Under SORNA, sex offenders are categorized into three different tiers, which are dependent on the crime severity. The tier level is linked to registration time.

What Are the Requirements Under SORNA?

Under SORNA, convicted sex offenders are required to register with local law enforcement in each jurisdiction where they are receiving education or working and living. Furthermore, registrants will need to consistently provide updated personal information, including their social media profiles and vehicle information. If any of this information changes, they will need to update their registration in person. Depending on their tier, they will need to report regularly.

What Is Considered a SORNA Violation?

Any sort of violation is considered to have occurred if a registered sex offender does not maintain compliance with the sex offender registration requirements under the act. This means that they could have failed to complete regular in-person check-ins, failed to report travel to another jurisdiction, failed to update their personal information on time, or failed to notify local authorities after having moved to another jurisdiction.

What Are the Penalties for a SORNA Violation?

Penalties for violating SORNA can be serious, such as federal criminal charges that come with long prison sentences and hefty fines. The exact penalties that an offender could be facing are dependent on various factors, such as whether the violation involved interstate travel. Any sort of violation could eventually lead to being classified into a higher sex offender tier, therefore resulting in more stringent requirements in the future.

Defend Your Rights and Interests if You Are Being Accused of a SORNA Violation

If you are being charged with a SORNA violation, this can result in even more serious registration requirements than before and lead to further criminal charges and penalties, such as prison time and fines. An experienced criminal defense lawyer from Johnson/Citronberg can help you understand your responsibilities and rights under SORNA and assist you with fighting back against any charges you may be facing. Contact us today to get started.