Here’s my take on this. Follow my logic.

Let’s start with the marker: ““The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).”

Ok. So 22 United States Code Section 212b(c)(l) is the basis of who is gonna get the marker.

22 U.S. Code § 212b(c) Defined terms In this section—
(1) the term “covered sex offender” means an individual who—
(A) is a sex offender, as defined in section 21503(f) of title 34; and
(B) is currently required to register under the sex offender registration program of any jurisdiction;

Clause A defines who gets it based on their crime.
Clause B defines who gets it based on if the currently are required to register.

There is a vital qualifier between the two clauses: “AND” We’ll come back to that.

Both A & B have to be true for a PP to get a marker.

Let’s go back to Clause A.
A is defined by section 21503(f) of title 34;

34 U.S. Code § 21503(f) Definition In this section, the term “sex offender” means—
(1) a covered sex offender; or
(2) an individual required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry, on the basis of an offense against a minor.

What’s a covered sex offender in Clause 1? Gotta go back to the IML.
Public Law 114–119 SEC. 3. DEFINITIONS
3) COVERED SEX OFFENDER.—Except as otherwise provided, the term ‘‘covered sex offender’’ means an individual who is a sex offender by reason of having been convicted of a sex offense against a minor.
(10) SEX OFFENSE AGAINST A MINOR.—
(A) IN GENERAL.—The term ‘‘sex offense against a
minor’’ means a specified offense against a minor, as
defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).
(B) OTHER OFFENSES.—The term ‘‘sex offense against
a minor’’ includes a sex offense described in section
111(5)(A) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(5)(A)) that is a specified offense against a minor, as defined in paragraph (7)……

Which then takes you to AWA. If you continue following to AWA you get the list. It’s long and covers basically everything you can think of with regards to a sex crime and a child (including possession of child porn).

Now go to clause 2 and the qualifier is OR between the two clauses.

Clause 2 of 34 U.S. Code § 21503(f)) is saying that a covered sex offender is someone who still has to register for a crime referenced in Clause 1. The emphasis still remains on the crime being related to a minor.

We’ve identified who is covered in clause A (the nature of the crime) of 22 U.S. Code § 212b(c).

Now we can go back to clause B of 22 U.S. Code § 212b(c).
“(B) is currently required to register under the sex offender registration program of any jurisdiction;”

This basically means, from a plain reading, if you live in Florida (for example) and you, right now, have to register in Florida, then clause B applies to you. Florida has a lifetime registration (totally awful).

This shouldn’t be read as: someone currently living in California, which now has tiered registration, would be required to register if he moves to Florida, thus Clause B applies to him. That’s not how this should work, and if it does work that way, then it ought to be easy to fight that application. Registration requires the physical presence of the person in the jurisdiction, albeit even in a minimal way (maintaining a residence, even if you don’t live there most of the time). That phrase “any jurisdiction” can lead to that conclusion, but the purpose of that phrase is a catch all; for all states and territories where a registry exists (which is all of em).

So, from a plain reading, if you’re identified in A, but are not currently required to register under the sex offender registration program of any jurisdiction, a marker should not be placed.

I hope you were able to follow that.

Side note and question: One thing to think about. Because some states have lifetime registration, what happens if a person is not required to register in their current state anymore, but moves to (or triggers registration another way) say Florida? Do they have to register in Florida? If that’s the case, then, if they’re identified in clause A, they’d also be newly identified by clause B which would make them eligible for the marker. That’d just be a gut punch (not like the rest of this BS isn’t).

And if you don’t have a conviction but still have to register….?

RtIML, okay. According to the document you site:

https://www.congress.gov/114/plaws/publ119/PLAW-114publ119.pdf

Public Law 114–119 SEC. 3. DEFINITIONS
(10) SEX OFFENSE AGAINST A MINOR.—
(A) IN GENERAL.—The term ‘‘sex offense against a
minor’’ means a specified offense against a minor, as
defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).
(B) OTHER OFFENSES.—The term ‘‘sex offense against
a minor’’ includes a sex offense described in section
111(5)(A) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(5)(A)) that is a specified offense against a minor, as defined in paragraph (7)……

https://www.smart.gov/pdfs/resources/SORNA%20Full%20Text.pdf

42 U.S.C. § 16911
(5) Amie Zyla expansion of sex offense definition.
(A) Generally, … the term “sex offense” means‐‐
(i) a criminal offense that has an element involving a sexual act or sexual contact with another;
(ii) a criminal offense that is a specified offense against a minor;
(7) Expansion of definition of “specified offense against a minor” to include all offenses by child predators. The term “specified offense against a minor” means an offense against a minor that involves any of the following:
(A) An offense (unless committed by a parent or guardian) involving kidnapping.
(B) An offense (unless committed by a parent or guardian) involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in section 1801 of title 18, United States Code.
(G) Possession, production, or distribution of child pornography.
(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
(I) Any conduct that by its nature is a sex offense against a minor.

So basically, if your conviction had the word child or minor in it, EVEN FOR THE TIER 1 OFFENSE OF SIMPLE POSSESSION, YOU ARE LABELED AS CHILD PREDATORS and covered sex offenders who must bear the “identifier” on your passport. The government doesn’t want us to live (or work) anywhere in America, but won’t let us leave either. This is like putting a lid on a pot of boiling frogs who are trying to jump out. Hell on earth.

Public Law 114-119 IML
3) COVERED SEX OFFENDER.—Except as otherwise provided, the term ‘‘covered sex offender’’ means an individual who is a sex offender by reason of having been convicted of a sex offense against a minor.

“(f) DEFINITION.—In this section, the term ‘‘sex offender’’
means—
(1) a covered sex offender; or
(2) an individual required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry, on the basis of an offense against a minor.”

Now to me – if I’m reading this correctly if we (or more to the point “I”) are not required to register, then we/I should not be required to have this passport change or notification much less travel notification/restrictions.

Am I missing something? Because then it seems the focus on getting the registry post-probation/prison absolved.

Of course the law will then just be amended to include anyone who isn’t even required to register – but that’s another battle to fight.

C R, Mexico has no sex offender registry:

https://smart.gov/pdfs/GlobalOverview.pdf

The Mariel boatlift was thought to have allowed the worst of the worst to come to Florida. While this is partially true, they represented only a small percentage of the otherwise blue-collar Cubans and political prisoners of Fidel Castro:

https://en.wikipedia.org/wiki/Mariel_boatlift

https://www.law.cornell.edu/uscode/text/22/212b

22 U.S. Code § 212b(c) Defined terms In this section—
(1) the term “covered sex offender” means an individual who—
(A) is a sex offender, as defined in section 21503(f) of title 34; and
(B) is currently required to register under the sex offender registration program of any jurisdiction;

https://www.law.cornell.edu/uscode/text/34/21503#f

34 U.S. Code § 21503(f) Definition In this section, the term “sex offender” means—
(1) a covered sex offender; or
(2) an individual required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry, on the basis of an offense against a minor.

Why is there no list of offenses that constitute “an offense against a minor”? It’s all double talk! I doubt if any of the idiots that voted for this even read it. They used the same caveman logic Floriduh uses, “sex offender bad, let’s punish!”

Wikipedia is a good source for information on what you are looking for:
https://en.wikipedia.org/wiki/International_Megan%27s_Law_to_Prevent_Child_Exploitation_and_Other_Sexual_Crimes_Through_Advanced_Notification_of_Traveling_Sex_Offenders