Would a Sex Offender that leaves the US still have to register?
With all the talk about the International Megan’s Law and this country wanting to make it more difficult to travel, an important question is raised which happens to be running in the background and will be decided by the US Supreme Court.
Let’s say you’ve had enough… The public registry has rendered you unemployable, residency restrictions left you with no stable housing and you don’t want your children being teased at school because of your stigma. So you decide to pack up your family and fly overseas (or take a raft to Cuba, where it’s more civilized) and live a peaceful life.
Would you have to register? One would think not. The purpose of Megan’s law is for law enforcement authorities to make information available to the public regarding registered sex offenders living in their communities. If someone’s no longer in the community, what’s the point? Right?
Well apparently the answer to that question is not so clear. The Circuits are divided, so the Supreme Court of the United States will decide the case of Nichols v United States in March. The issue is defined below:
Whether 42 U.S.C. § 16913(a) requires a sex offender who resides in a foreign country to update his registration in the jurisdiction where he formerly resided, a question that divides the courts of appeals.
If you want an interesting read, you can read the petitioner (registrant’s) brief: http://www.scotusblog.com/wp-content/uploads/2016/01/15-5238_pet.authcheckdam.pdf
FAC will keep you updated on the status of this important case.
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As I understand it, these cases in front of the Supreme Court are whether or not an update to registration is required when you leave the country, NOT if you have to continue registering while you live abroad. Please correct me if I’m wrong.
You are correct, Matt. It seems that way, but the interpretation is still subject to debate on that.
florida is just putting SO”s in prison for no apparent reason except lies. No One cares and no one can help.
It would make sense to me that as an offender it would serve you well to report that you are leaving the USA to whomever would be keeping track of you. This may in turn not cost anyone the hardship of trying to locate the offender and it would oleviate the need for them to be listed as failure to comply and a warrant be issued. If they have ever planned on returning this would cause a great deal of problems for them. However once you leave the county you no longer live in the US and therefore can not be asked to continue to register. furthermore what would you even register your old address? I would think the new resident who would have no relation to you would be very upset to say the least. The whole idea is absurd.
Makes sense to me. Hell Florida would love all theirs to leave the state, oh yeh no hey won’t because they will lose lots of money making people’s lives miserable and the legislature wouldn’t be able to be bribed by Ron Book.