SOURCE: US Government SMART Newsletter
In 2011, the Supplemental Guidelines for Sex Offender Registration and Notification officially included in SORNA’s standards the obligation that jurisdictions require their registered sex offenders to provide 21 days’ notice of any international travel. However, before International Megan’s Law passed, it was difficult to federally prosecute sex offenders for failing to notify registration officials of intended international travel or relocation. For example, in Nichols v. United States, 136 S. Ct. 1113 (2016), the Supreme Court held that a sex offender could not be federally prosecuted for failure to register under 18 U.S.C. § 2250 (as it stood in 2012) if they simply moved to a foreign country without notifying the state where they had been registered prior to moving.
Because of this loophole, International Megan’s Law specifically amended 18 U.S.C. § 2250(b) to criminalize the failure of an offender to provide notice of intended international travel. An early successful prosecution under this new provision happened in the Northern District of Alabama in 2017. Alabama substantially implemented SORNA in 2011, including international travel notification requirements. For jurisdictions that have not implemented the 2011 international travel notification requirement, this could impact your ability to prosecute under this offense.
In 1991, Robin McSherdon was convicted in Alabama of sexual abuse in the first degree; his victim was 4 years old and he was classified as a tier III sex offender and required to register for life. In 2016, McSherdon was advised on numerous occasions of his responsibility to provide 21 days’ advance notice of any international travel.
Without providing this required notice, McSherdon purchased a one-way airline ticket to fly from Birmingham, Alabama, to Manila, Philippines, and was scheduled to depart on Feb. 1, 2017. On that date, he arrived at the Birmingham airport and attempted to check in to his flight, but was denied access because he had neither a roundtrip ticket nor an appropriate visa. McSherdon was arrested later that day at home and admitted he intended to fly to the Philippines and return prior to his next scheduled registration check-in date.
McSherdon was successfully prosecuted under the International Megan’s Law amendments to 18 U.S.C. § 2250(b), pleaded guilty and was sentenced to 27 months’ imprisonment.
How do we get this law applied only as written?
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.
It seems they are overreaching in the application of this statute.
I don’t understand why they are called the SMART office. The “SMART” office should be relabeled to the TYRANT office. There is nothing “smart” about being a tyrant.
Just give me my exit papers I want out permanently
So how is it that a guy is prosecuted for failing to inform the government of international travel when he did not travel?
Good point! I guess it’s intent or “conspiracy” to commit the violation if someone else knew about it.
He pleaded guilty. He probably had a crap lawyer who didn’t even put up a defense. I’ve seen the same thing many times with guys in prison who pleaded guilty to a crime that they didn’t actually complete, when the appropriate charge would have been an attempt to commit that crime. Carries a much lighter sentence.
How true. I was in county with a guy facing 20 counts of possession of cp. Other than face a sentence of 100 years that was read at his first appearance, he took a plea on two of the charges, getting five inside and five outside. He, like many of us, didn’t know at the time that registration was required, a life sentence of probation in itself.
While I’m on my soapbox, how is registration not considered probation since you have prohibitions and criminal penalties for not complying?
Additionally, the punishment can be greater since a VOP usually only nets you prison time up to your original charges’ limits while failure to comply with registration will get you a fresh 5 or 15 years inside!
He went to the airport with the intent to travel but did not have the required documents (doesn’t sound too bright) and was not allowed to board the plane so at that point he had already violated the IML requirement of advanced notice.
Nothing scary about it. We are ALL in a database ( check if you don’t believe me https://www.nsopw.gov/ ). Once you purchase a ticket the government knows you intend to use it. This is automated with or without you notifying them.
It is possible to sneak out of the country however, you will become an international criminal wanted by the USA and you will get caught. Why would anyone want to live on the run always looking over their shoulder?
My best guess is that he was convicted of attempted failure to register, not failure to register itself, which would have entailed a 10-year mandatory minimum in the federal system, if I’m not mistaken.
Pretty foolish. Also dont think hed even be able to get in anyway. Also kindof proving theres a database thats searchable that they found out what he was doing. Even more scary
I doubt there’s a database that just tripped when he showed up at the airport. This guy bought a very long distance ticket to a country he couldn’t visit because he didn’t have a visa. That is the basic profile of an Al Qaeda suicide pilot checking into the biggest fuel filled plane on the tarmac for a one way vacation he’ll never take.
TSA probably flagged him as a wannabe terrorist, called the local PD who used his SORNA violation as a pretext to search his entire house for black ISIS flags and child brides and since they didn’t find any of that it become a violating RSO story instead of a “Cops mistake man for terrorist” one.
Harder to sneak out of the country than to sneak in.