
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14072]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                 SUBCHAPTER VI--CRIMES AGAINST CHILDREN
 
Sec. 14072. FBI database


(a) Definitions

    For purposes of this section--
        (1) the term ``FBI'' means the Federal Bureau of Investigation;
        (2) the terms ``criminal offense against a victim who is a 
    minor'', ``sexually violent offense'', ``sexually violent 
    predator'', ``mental abnormality'', ``predatory'', ``employed, 
    carries on a vocation'', and ``student'' have the same meanings as 
    in section 14071(a)(3) of this title; and
        (3) the term ``minimally sufficient sexual offender registration 
    program'' means any State sexual offender registration program 
    that--
            (A) requires the registration of each offender who is 
        convicted of an offense in a range of offenses specified by 
        State law which is comparable to or exceeds that described in 
        subparagraph (A) or (B) of section 14071(a)(1) of this title;
            (B) participates in the national database established under 
        subsection (b) of this section in conformity with guidelines 
        issued by the Attorney General;
            (C) provides for verification of address at least annually; 
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    \1\ So in original. Probably should be followed by ``and''.
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            (D) requires that each person who is required to register 
        under subparagraph (A) shall do so for a period of not less than 
        10 years beginning on the date that such person was released 
        from prison or placed on parole, supervised release, or 
        probation.

(b) Establishment

    The Attorney General shall establish a national database at the 
Federal Bureau of Investigation to track the whereabouts and movement 
of--
        (1) each person who has been convicted of a criminal offense 
    against a victim who is a minor;
        (2) each person who has been convicted of a sexually violent 
    offense; and
        (3) each person who is a sexually violent predator.

(c) Registration requirement

    Each person described in subsection (b) of this section who resides 
in a State that has not established a minimally sufficient sexual 
offender registration program shall register a current address, 
fingerprints of that person, and a current photograph of that person 
with the FBI for inclusion in the database established under subsection 
(b) of this section for the time period specified under subsection (d) 
of this section.

(d) Length of registration

    A person described in subsection (b) of this section who is required 
to register under subsection (c) of this section shall, except during 
ensuing periods of incarceration, continue to comply with this section--
        (1) until 10 years after the date on which the person was 
    released from prison or placed on parole, supervised release, or 
    probation; or
        (2) for the life of the person, if that person--
            (A) has 2 or more convictions for an offense described in 
        subsection (b) of this section;
            (B) has been convicted of aggravated sexual abuse, as 
        defined in section 2241 of title 18 or in a comparable provision 
        of State law; or
            (C) has been determined to be a sexually violent predator.

(e) Verification

      (1) Persons convicted of an offense against a minor or a 
                          sexually violent offense

        In the case of a person required to register under subsection 
    (c) of this section, the FBI shall, during the period in which the 
    person is required to register under subsection (d) of this section, 
    verify the person's address in accordance with guidelines that shall 
    be promulgated by the Attorney General. Such guidelines shall ensure 
    that address verification is accomplished with respect to these 
    individuals and shall require the submission of fingerprints and 
    photographs of the individual.

                   (2) Sexually violent predators

        Paragraph (1) shall apply to a person described in subsection 
    (b)(3) of this section, except that such person must verify the 
    registration once every 90 days after the date of the initial 
    release or commencement of parole of that person.

(f) Community notification

                           (1) In general

        Subject to paragraph (2), the FBI may release relevant 
    information concerning a person required to register under 
    subsection (c) of this section that is necessary to protect the 
    public.

                       (2) Identity of victim

        In no case shall the FBI release the identity of any victim of 
    an offense that requires registration by the offender with the FBI.

(g) Notification of FBI of changes in residence

                 (1) Establishment of new residence

        For purposes of this section, a person shall be deemed to have 
    established a new residence during any period in which that person 
    resides for not less than 10 days.

            (2) Persons required to register with the FBI

        Each establishment of a new residence, including the initial 
    establishment of a residence immediately following release from 
    prison, or placement on parole, supervised release, or probation, by 
    a person required to register under subsection (c) of this section 
    shall be reported to the FBI not later than 10 days after that 
    person establishes a new residence.

               (3) Individual registration requirement

        A person required to register under subsection (c) of this 
    section or under a State sexual offender offender \2\ registration 
    program, including a program established under section 14071 of this 
    title, who changes address to a State other than the State in which 
    the person resided at the time of the immediately preceding 
    registration shall, not later than 10 days after that person 
    establishes a new residence, register a current address, 
    fingerprints, and photograph of that person, for inclusion in the 
    appropriate database, with--
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            (A) the FBI; and
            (B) the State in which the new residence is established.

                 (4) State registration requirement

        Any time any State agency in a State with a minimally sufficient 
    sexual offender registration program, including a program 
    established under section 14071 of this title, is notified of a 
    change of address by a person required to register under such 
    program within or outside of such State, the State shall notify--
            (A) the law enforcement officials of the jurisdiction to 
        which, and the jurisdiction from which, the person has 
        relocated; and
            (B) the FBI.

                          (5) Verification

        (A) Notification of local law enforcement officials

            The FBI shall ensure that State and local law enforcement 
        officials of the jurisdiction from which, and the State and 
        local law enforcement officials of the jurisdiction to which, a 
        person required to register under subsection (c) of this section 
        relocates are notified of the new residence of such person.

        (B) Notification of FBI

            A State agency receiving notification under this subsection 
        shall notify the FBI of the new residence of the offender.

        (C) Verification

            (i) State agencies

                If a State agency cannot verify the address of or locate 
            a person required to register with a minimally sufficient 
            sexual offender registration program, including a program 
            established under section 14071 of this title, the State 
            shall immediately notify the FBI.
            (ii) FBI

                If the FBI cannot verify the address of or locate a 
            person required to register under subsection (c) of this 
            section or if the FBI receives notification from a State 
            under clause (i), the FBI shall--
                    (I) classify the person as being in violation of the 
                registration requirements of the national database; and
                    (II) add the name of the person to the National 
                Crime Information Center Wanted person file and create a 
                wanted persons record: Provided, That an arrest warrant 
                which meets the requirements for entry into the file is 
                issued in connection with the violation.

(h) Fingerprints

                        (1) FBI registration

        For each person required to register under subsection (c) of 
    this section, fingerprints shall be obtained and verified by the FBI 
    or a local law enforcement official pursuant to regulations issued 
    by the Attorney General.

                   (2) State registration systems

        In a State that has a minimally sufficient sexual offender 
    registration program, including a program established under section 
    14071 of this title, fingerprints required to be registered with the 
    FBI under this section shall be obtained and verified in accordance 
    with State requirements. The State agency responsible for 
    registration shall ensure that the fingerprints and all other 
    information required to be registered is registered with the FBI.

(i) Penalty

    A person who is--
        (1) required to register under paragraph (1), (2), or (3) of 
    subsection (g) of this section and knowingly fails to comply with 
    this section;
        (2) required to register under a sexual offender registration 
    program in the person's State of residence and knowingly fails to 
    register in any other State in which the person is employed, carries 
    on a vocation, or is a student;
        (3) described in section 4042(c)(4) of title 18, and knowingly 
    fails to register in any State in which the person resides, is 
    employed, carries on a vocation, or is a student following release 
    from prison or sentencing to probation; or
        (4) sentenced by a court martial for conduct in a category 
    specified by the Secretary of Defense under section 115(a)(8)(C) of 
    title I of Public Law 105-119, and knowingly fails to register in 
    any State in which the person resides, is employed, carries on a 
    vocation, or is a student following release from prison or 
    sentencing to probation, shall, in the case of a first offense under 
    this subsection, be imprisoned for not more than 1 year and, in the 
    case of a second or subsequent offense under this subsection, be 
    imprisoned for not more than 10 years.

(j) Release of information

    The information collected by the FBI under this section shall be 
disclosed by the FBI--
        (1) to Federal, State, and local criminal justice agencies for--
            (A) law enforcement purposes; and
            (B) community notification in accordance with section 
        14071(d)(3) \3\ of this title; and
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    \3\ See References in Text note below.

        (2) to Federal, State, and local governmental agencies 
    responsible for conducting employment-related background checks 
    under section 5119a of this title.

(k) Notification upon release

    Any State not having established a program described in subsection 
(a)(3) of this section must--
        (1) upon release from prison, or placement on parole, supervised 
    release, or probation, notify each offender who is convicted of an 
    offense described in subparagraph (A) or (B) of section 14071(a)(1) 
    of this title of their duty to register with the FBI; and
        (2) notify the FBI of the release of each offender who is 
    convicted of an offense described in subparagraph (A) or (B) of 
    section 14071(a)(1) of this title.

(Pub. L. 103-322, title XVII, Sec. 170102, as added Pub. L. 104-236, 
Sec. 2(a), Oct. 3, 1996, 110 Stat. 3093; amended Pub. L. 105-119, title 
I, Sec. 115(a)(6), Nov. 26, 1997, 111 Stat. 2463; Pub. L. 105-277, div. 
A, Sec. 101(b) [title I, Sec. 123], Oct. 21, 1998, 112 Stat. 2681-50, 
2681-72.)

                       References in Text

    Section 115(a)(8)(C) of title I of Public Law 105-119, referred to 
in subsec. (i)(4), is set out as a note under section 951 of Title 10, 
Armed Forces.
    Section 14071(d)(3) of this title, referred to in subsec. (j)(1)(B), 
was redesignated section 14071(e)(3) of this title by Pub. L. 105-119, 
title I, Sec. 115(a)(3), Nov. 26, 1997, 111 Stat. 2463.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 123(1)], struck out ``or'' after `` `employed,''.
    Subsec. (g)(3). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 123(2)], 
substituted ``State sexual offender'' for ``minimally sufficient'' in 
introductory provisions.
    Subsec. (i). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 123(3)], 
amended heading and text of subsec. (i) generally. Prior to amendment, 
text read as follows: ``A person required to register under paragraph 
(1), (2), or (3) of subsection (g) of this section or pursuant to 
section 14071(b)(7) of this title who knowingly fails to comply with 
this section shall--
        ``(1) in the case of a first offense--
            ``(A) if the person has been convicted of 1 offense 
        described in subsection (b) of this section, be fined not more 
        than $100,000; or
            ``(B) if the person has been convicted of more than 1 
        offense described in subsection (b) of this section, be 
        imprisoned for up to 1 year and fined not more than $100,000; or
        ``(2) in the case of a second or subsequent offense, be 
    imprisoned for up to 10 years and fined not more than $100,000.''
    1997--Subsec. (a)(2). Pub. L. 105-119, Sec. 115(a)(6)(A), 
substituted `` `predatory', `employed, or carries on a vocation', and 
`student' '' for ``and `predatory' ''.
    Subsec. (a)(3)(A). Pub. L. 105-119, Sec. 115(a)(6)(B)(i), inserted 
``in a range of offenses specified by State law which is comparable to 
or exceeds that'' before ``described''.
    Subsec. (a)(3)(B). Pub. L. 105-119, Sec. 115(a)(6)(B)(ii), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``requires that all information gathered under such program be 
transmitted to the FBI in accordance with subsection (g) of this 
section;''.
    Subsec. (a)(3)(C). Pub. L. 105-119, Sec. 115(a)(6)(B)(iii), amended 
subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: 
``meets the requirements for verification under section 14071(b)(3) of 
this title; and''.
    Subsec. (i). Pub. L. 105-119, Sec. 115(a)(6)(C), inserted ``or 
pursuant to section 14071(b)(7) of this title'' after ``subsection (g) 
of this section'' in introductory provisions.


                             Effective Date

    For effective date of section, see section 10 of Pub. L. 104-236, as 
amended, set out as an Effective Date of 1996 Amendment note under 
section 14071 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 14071 of this title.
