International Travel Complications with Federal Child Pornography Convictions

Federal child pornography convictions come with severe legal penalties in the United States, such as mandatory registration as a sex offender, probation, and long periods of incarceration. Of the 1,408 individuals sentenced for child pornography in 2023, 99.0% of them were sent to prison with an average sentence of 114 months. Beyond domestic challenges, international travel complications with federal child pornography convictions are difficult.

Unfortunately, those hoping to travel abroad can run into insurmountable and complex challenges that can keep them from pursuing international business, visiting family members abroad, and experiencing new cultures. Therefore, it is crucial to understand the extent of these restrictions and the options out there for those trying to navigate travel obstacles.

U.S. Law – Passports, Megan’s Law, and the International Megan’s Law (IML)

International travel restrictions tied to federal sex offenses saw a major shift when the International Megan’s Law (IML) was enacted in 2016. Under this legislation, people who have been convicted of sex crimes that involve minors, especially those who had to register as sex offenders, are now facing the following major complexities:

• Travel notifications. The U.S. Department of Homeland Security now has a mandate to notify foreign governments when a registered sex offender has plans to go abroad. As a general rule, this leads to the denial of entry after they arrive.
• Passport identification. There is a unique identifier on passports placed by the U.S. Department of State for people who have been convicted of sex offenses involving minors. This is intended to notify foreign governments that the passport holder was convicted of such a crime – which can also lead to denial of entry upon arrival.

How Countries Respond to U.S. Notifications

Each country has a different policy for how it handles registered child sex offenders coming from the United States. While some may make a decision on a case-by-case basis, others may have sweeping legislation that denies entry. For example, countries like Canada and Japan are notorious for almost always denying entry to those who have a sex offense conviction.

Rejection is not necessarily tied to a notification from DHS. This is because officials at the border commonly have access to international crime databases or can see the passport identifier, which may then lead to the denial.

U.S. Passport Restrictions and Loss of Privileges

While a federal conviction for a child pornography offense does not automatically lead to the stripping of someone’s passport, the special identifier under IML introduces new severe restrictions on travel. It’s also important to note that refusal to return an unmarked passport after being notified could lead to additional federal charges.

Also, in some rare cases, the State Department may revoke someone’s passport. Furthermore, any conditions of probation or parole could also restrict movement internationally. Although international travel is heavily restricted for federal child pornography offenders, movement domestically is still legal, although some states may require a temporary registration of address if the stay is long.

Legal Relief Options to Travel Again

If you are directly impacted by IML, you may have some legal relief options to travel again, but the road is long and complex. Depending on your case details, such as the underlying offense and state of registration, you may be eligible to be removed from sex offender registries. Furthermore, although it is rare in federal cases, you may be able to get your record pardoned or expunged, which could minimize some travel restrictions.

There are also some advocacy groups that argue that the passport identifier under IML is unconstitutional; however, these legal pushbacks are still ongoing, with the law not being overturned. This means that international travel still remains nearly inaccessible for those marked under IML.

FAQs

Can I Get a Passport After a Federal Child Pornography Conviction?

Yes, it is possible to get a passport after a federal child pornography conviction. You are required to return your existing passport, however, so that it can be marked with an identifier under the International Megan’s Law. If you are required to register as a sex offender and your conviction involves a minor, IML applies to you.

Will I Be Notified If Another Country Is Alerted Before I Travel?

No, you will not be notified by the U.S. government if they have sent a travel alert to a foreign country. You will only know if such an alert has been sent if you are denied entry upon arrival in the country. A dedicated child pornography criminal defense attorney can help you understand your options for international travel, as well as navigate the process.

Does Being Removed from the Registry Restore International Travel Rights?

Maybe. If you have been legally removed from a sex offender registry and had your passport identifier rescinded, you may be able to get some renewed access to international travel rights. Unfortunately, however, a prior conviction can still serve as an obstacle to international travel. Therefore, it is recommended that you work with an experienced attorney.

What Happens If I Travel Without Declaring My Conviction?

Even if you travel without declaring your conviction, the Department of Homeland Security is still required under Megan’s Law to notify your intended country of destination of your criminal record. Therefore, trying to hide your conviction does not necessarily guarantee success in entry. It could actually lead to additional penalties or detention abroad.

Can I Fly Domestically or to U.S. Territories?

Yes, even if you are a convicted child sex offender who is required to subscribe to the registry, you can still travel domestically or to U.S. territories like Puerto Rico or Guam. It’s important to note, however, that some states and areas may require you to report your address to the local registry, depending on your length of stay. Also, your parole or probation terms could restrict domestic travel.

Work With an Experienced Child Pornography Criminal Defense Attorney

If you have been affected by travel restrictions under IML, it is crucial to work with a dedicated criminal defense attorney who has experience with federal convictions and understands subsequent international implications. Contact a skilled attorney from Johnson/Citronberg, PLLC, today. We can help you understand the risks and reality before you book your next flight.