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The NSOR, National Sex Offenders Registry, was developed by the Crimes Against Children Unit division of the FBI.
Pursuant to the Lyncher Act (Pam Lyncher Sexual Offender Tracking and Identification Act of 1996) the Attorney General is required to establish a sex offender database on a national scale. This database is implemented through the FBI under Title 42 of the United States Code Setion 14072. It functions to track the whereabouts and movements of certain convicted sex offenders. The NSOR retains offender's current registered address and dates of registration, conviction and residence through the NCIC (National Crime Information Center).
Under the Lyncher Act the FBI has two major obligations. These came into effect on 3rd October 1997. Their first duty is to establish a national database within the FBI itself that will track not only the whereabouts but the movements of each individual who:
a) Has been convicted of a criminal offense agaisnt a minor;
b) Has been convicted of a sexually violent offense; or
c) Is considered to be a violent sexual predator. Under the Lyncher Act an offender is considered a violent sexual predator if they have had two or more convictions requiring them to register, and/or have been convicted under Title 18, United States Code, Section 2241(a)(c).
Secondly, the FBI must also register and verify the addresses of sex offenders who reside in states where no formal "minimally sufficient" Sex Offender Registry (SOR) program exists. (Currently all states have some form of SOR program). In these states the FBI are required to register the sex offender. This registration does not only cover the offenders address but their fingerprints and require a current photograph as well. In most cases offenders must have their registration updated on a yearly basis. However, if an offender has been designated as a 'violent sexual predator' then they must verify their registration details every 90 days. In general offenders are required to adhere to these verification proceedures for at least ten years after their conviction. Those convicted of Aggravated Sexual Abuse shall register annually (or every 90 days if they are considered a violent sexual predator) for life.
Under the Lyncher Act the FBI may release, for law enforcement purposes only, relevant information to federal, state and local criminal justice agencies. Such information may only be released to the public if it is necessary in order to protect them. Whilst the Lyncher Act provided for the release of information on sex offenders it stipulates that in no case shall information on the offender's victim be released.
Upon release of each sex offender the FBI is notified and the offenders themselves are made aware of their lawful duty to register with the FBI and the local authorities. A registered sex offender must notify the FBI and state authorities within ten days of a change in registry information. It is a criminal offense for a registered sex offender to knowingly fail to notify the FBI and authorities of a change in his registry information (i.e. address change). If a sex offender fails to notify the proper authorites, in the first instance they are charged with a misdemeanor which is punishable by up to one year in prison and a fine not to exceed $100,000. In the second instance they are charged with a felony, punishable by up to ten years inp prison and a fine not to exceed $100,000.
States are provided a financial incentive to establish registration programs for persons who have been convicted of certain sex crimes under the Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration Program, enacted in 1994. The Wetterinling Program was amended in 1996 with the regard to the disclosure of information collected by a state SOR program by the enactment of Megan's Law. Megan's Law gives states broad discretion in determining whom to notify about particular offenders and under what circumstances this notification should be given.
For further information about NSOR or any of the above programs/laws please contact your local authorities or the Crimes Against Children Cordinator at your local FBI Field Office.
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