Demand Law Enforcement Enforce the National Sex Offender Registry and Notification Act!


Demand Law Enforcement Enforce the National Sex Offender Registry and Notification Act!
The Issue
Contact the Author: Knowyouroffender@outlook.com
"First, the Third Circuit determined that SORNA applies to individuals, as binding precedent has held that SORNA "imposes `an independent and federally enforceable duty... on sex offenders to register.'"
-Thomas v. Blocker, 2021
"In exchange for funding, federal SORNA requires states to maintain sex-offender registries and to provide a criminal penalty for sex offenders who fail to comply with federal SORNA's requirements. 34 U.S.C. §§ 20912, 20924, 20927."
-Thomas v. Blocker, 2022
This petition hereby demands that each State's Attorney General REQUIRE that ALL Law Enforcement enforce the provisions of the National Sex Offender Registry and Notification Act, including non-discretionary and immediate MANDATORY arrest of any and all Registered Sex Offenders found in non-compliance. Each State has a duty to ensure that citizens are provided accurate and current information pertaining to all individuals placed on the State and National Sex Offender Registries. It is further demanded that penalties be established to ensure that law enforcement are discouraged from willfully neglecting their duties with respect to ensuring the compliance of all Registered Sex Offenders in accordance with the law.
When law enforcement refuses to arrest, a Judge or Jury is BLOCKED from making the crucial determination of whether or not a Registered Sex Offender has "Failed to Register" as contemplated by the National Sex Offender Registry and Notification Act. A Judge or Jury is the ultimate fact finder when a Registered Sex Offender fails to comply with the requirements of this most important registry designed to keep us all safe. Failure to comply with the law is an important factor in determining the risk of recidivism and the present and future risk a Registered Sex Offender poses to the community. Furthermore, Courts will use evidence of "Failed to Register" as a factor when deciding if a registrant should be allowed to be removed from the registry early. When facts are BLOCKED from the record, WE are put at risk. Furthermore, arbitrary, capricious and selective enforcement of the Sex Offenders Registry presents the serious risk of law enforcement instilling resentment in registrants which could lead to additional acts of non-compliance and risk to the community.
Pursuant to 34 U.S. Code § 20924 "[a]n appropriate official shall notify the Attorney General and appropriate law enforcement agencies of any failure by a sex offender to comply with the requirements of a registry and revise the jurisdiction’s registry to reflect the nature of that failure. The appropriate official, the Attorney General, and each such law enforcement agency shall take any appropriate action to ensure compliance.
According to the Criminal Division of the Department of Justice, "[s]ection 2250 of Title 18, United States Code, makes it a federal offense for sex offenders required to register pursuant to the Sex Offender Registration and Notification Act (SORNA), to knowing[ly] fail to register or update a registration as required. State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation... A sex offender who fails to properly register may face fines and up to 10 years in prison. Furthermore, if a sex offender knowingly fails to update or register as required and commits a violent federal crime, he or she may face up to 30 years in prison under this statute."
Note: 18 U.S. Code § 2250 uses the term "shall" as opposed to "may" with regards to fines and imprisonment for failure to register as required by the "National Sex Offender Registry and Notification Act."
The failure of registered sex offenders to comply with their registry requirements and law enforcements' willful neglect of their duties to enforce compliance, including through arbitrary capricious and/or selective enforcement, is placing citizens in harm's way and putting states in breach of their duty to provide an accurate and effective Sex Offender Registry that complies with the National Sex Offender Registry and Notification Act for which registry they receive Federal funds to maintain.
"Being on the sex offender registry is 100% avoidable but sexual assault is not. Until sexual assault is 100% avoidable, the sex offender registry should not cease to exist."
Think 34 U.S.C. 20924 !
Thomas v. Blocker, 2022:
"In 2006, Congress enacted the Sex Offender Registration and Notification Act (SORNA). Federal SORNA "was enacted to close the loopholes in previous sex offender registration legislation," "to standardize registration across the states," United States v. Shenandoah, 595 F.3d 151, 154 (3d Cir. 2010), abrogated on other grounds by Reynolds v. United States, 565 U.S. 432 (2012), and "to address the deficiencies in prior law that had enabled sex offenders to slip through the cracks." Carr v. United States, 560 U.S. 438, 455 (2010). Federal SORNA defines a sex offender as an "individual who was convicted of a sex offense," 34 U.S.C. § 20911(1), which generally includes any "criminal offense that has an element involving a sexual act or sexual contact with another." Id. § 20911(5)(A)(i). There is no dispute that Appellants meet federal SORNA's definition of a sex offender. Federal SORNA requires a sex offender to "register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student." Id. § 20913(a); see also United States v. Pendleton, 636 F.3d 78, 82-83 (3d Cir. 2011). In exchange for funding, federal SORNA requires states to maintain sex-offender registries and to provide a criminal penalty for sex offenders who fail to comply with federal SORNA's requirements. 34 U.S.C. §§ 20912, 20924, 20927."
1,065
The Issue
Contact the Author: Knowyouroffender@outlook.com
"First, the Third Circuit determined that SORNA applies to individuals, as binding precedent has held that SORNA "imposes `an independent and federally enforceable duty... on sex offenders to register.'"
-Thomas v. Blocker, 2021
"In exchange for funding, federal SORNA requires states to maintain sex-offender registries and to provide a criminal penalty for sex offenders who fail to comply with federal SORNA's requirements. 34 U.S.C. §§ 20912, 20924, 20927."
-Thomas v. Blocker, 2022
This petition hereby demands that each State's Attorney General REQUIRE that ALL Law Enforcement enforce the provisions of the National Sex Offender Registry and Notification Act, including non-discretionary and immediate MANDATORY arrest of any and all Registered Sex Offenders found in non-compliance. Each State has a duty to ensure that citizens are provided accurate and current information pertaining to all individuals placed on the State and National Sex Offender Registries. It is further demanded that penalties be established to ensure that law enforcement are discouraged from willfully neglecting their duties with respect to ensuring the compliance of all Registered Sex Offenders in accordance with the law.
When law enforcement refuses to arrest, a Judge or Jury is BLOCKED from making the crucial determination of whether or not a Registered Sex Offender has "Failed to Register" as contemplated by the National Sex Offender Registry and Notification Act. A Judge or Jury is the ultimate fact finder when a Registered Sex Offender fails to comply with the requirements of this most important registry designed to keep us all safe. Failure to comply with the law is an important factor in determining the risk of recidivism and the present and future risk a Registered Sex Offender poses to the community. Furthermore, Courts will use evidence of "Failed to Register" as a factor when deciding if a registrant should be allowed to be removed from the registry early. When facts are BLOCKED from the record, WE are put at risk. Furthermore, arbitrary, capricious and selective enforcement of the Sex Offenders Registry presents the serious risk of law enforcement instilling resentment in registrants which could lead to additional acts of non-compliance and risk to the community.
Pursuant to 34 U.S. Code § 20924 "[a]n appropriate official shall notify the Attorney General and appropriate law enforcement agencies of any failure by a sex offender to comply with the requirements of a registry and revise the jurisdiction’s registry to reflect the nature of that failure. The appropriate official, the Attorney General, and each such law enforcement agency shall take any appropriate action to ensure compliance.
According to the Criminal Division of the Department of Justice, "[s]ection 2250 of Title 18, United States Code, makes it a federal offense for sex offenders required to register pursuant to the Sex Offender Registration and Notification Act (SORNA), to knowing[ly] fail to register or update a registration as required. State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation... A sex offender who fails to properly register may face fines and up to 10 years in prison. Furthermore, if a sex offender knowingly fails to update or register as required and commits a violent federal crime, he or she may face up to 30 years in prison under this statute."
Note: 18 U.S. Code § 2250 uses the term "shall" as opposed to "may" with regards to fines and imprisonment for failure to register as required by the "National Sex Offender Registry and Notification Act."
The failure of registered sex offenders to comply with their registry requirements and law enforcements' willful neglect of their duties to enforce compliance, including through arbitrary capricious and/or selective enforcement, is placing citizens in harm's way and putting states in breach of their duty to provide an accurate and effective Sex Offender Registry that complies with the National Sex Offender Registry and Notification Act for which registry they receive Federal funds to maintain.
"Being on the sex offender registry is 100% avoidable but sexual assault is not. Until sexual assault is 100% avoidable, the sex offender registry should not cease to exist."
Think 34 U.S.C. 20924 !
Thomas v. Blocker, 2022:
"In 2006, Congress enacted the Sex Offender Registration and Notification Act (SORNA). Federal SORNA "was enacted to close the loopholes in previous sex offender registration legislation," "to standardize registration across the states," United States v. Shenandoah, 595 F.3d 151, 154 (3d Cir. 2010), abrogated on other grounds by Reynolds v. United States, 565 U.S. 432 (2012), and "to address the deficiencies in prior law that had enabled sex offenders to slip through the cracks." Carr v. United States, 560 U.S. 438, 455 (2010). Federal SORNA defines a sex offender as an "individual who was convicted of a sex offense," 34 U.S.C. § 20911(1), which generally includes any "criminal offense that has an element involving a sexual act or sexual contact with another." Id. § 20911(5)(A)(i). There is no dispute that Appellants meet federal SORNA's definition of a sex offender. Federal SORNA requires a sex offender to "register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student." Id. § 20913(a); see also United States v. Pendleton, 636 F.3d 78, 82-83 (3d Cir. 2011). In exchange for funding, federal SORNA requires states to maintain sex-offender registries and to provide a criminal penalty for sex offenders who fail to comply with federal SORNA's requirements. 34 U.S.C. §§ 20912, 20924, 20927."
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Petition created on October 4, 2024