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Electronic Code of Federal Regulations

e-CFR data is current as of February 26, 2020

Title 28Chapter I → Part 72


Title 28: Judicial Administration


PART 72—SEX OFFENDER REGISTRATION AND NOTIFICATION


Contents
§72.1   Purpose.
§72.2   Definitions.
§72.3   Applicability of the Sex Offender Registration and Notification Act.

Authority: Pub. L. 109-248, 120 Stat. 587.

Source: Order No. 2868-2007, 72 FR 8897, Feb. 28, 2007, unless otherwise noted.

§72.1   Purpose.

This part specifies the applicability of the requirements of the Sex Offender Registration and Notification Act to sex offenders convicted prior to the enactment of that Act. These requirements include registering and keeping the registration current in each jurisdiction in which a sex offender resides, is an employee, or is a student. The Attorney General has the authority to specify the applicability of the Act's requirements to sex offenders convicted prior to its enactment under sections 112(b) and 113(d) of the Act.

§72.2   Definitions.

All terms used in this part that are defined in section 111 of the Sex Offender Registration and Notification Act (title 1 of Pub. L. 109-248) shall have the same definitions in this part.

§72.3   Applicability of the Sex Offender Registration and Notification Act.

The requirements of the Sex Offender Registration and Notification Act apply to all sex offenders, including sex offenders convicted of the offense for which registration is required prior to the enactment of that Act.

Example 1. A sex offender is federally convicted of aggravated sexual abuse under 18 U.S.C. 2241 in 1990 and is released following imprisonment in 2007. The sex offender is subject to the requirements of the Sex Offender Registration and Notification Act and could be held criminally liable under 18 U.S.C. 2250 for failing to register or keep the registration current in any jurisdiction in which the sex offender resides, is an employee, or is a student.

Example 2. A sex offender is convicted by a state jurisdiction in 1997 for molesting a child and is released following imprisonment in 2000. The sex offender initially registers as required but relocates to another state in 2009 and fails to register in the new state of residence. The sex offender has violated the requirement under the Sex Offender Registration and Notification Act to register in any jurisdiction in which he resides, and could be held criminally liable under 18 U.S.C. 2250 for the violation because he traveled in interstate commerce.

[Order No. 2868-2007, 72 FR 8897, Feb. 28, 2007, as amended by Order No. 3239-2010, 75 FR 81853, Dec. 29, 2010]

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