Sex Offenses

Because of growing public concern, since the 1980s, over RECIDIVISM (repeated offenses) among sexual offenders, all states have enacted sex offender registration acts. In 1994, Congress passed legislation that required states to enact such laws in order to receive certain federal funding (42 U.S.C.A. § 14071).

Although these laws vary in scope and effect, they share the common goal of protecting the public by requiring repeat sex offenders to register their names and addresses with local law enforcement officials. Some statutes allow the public to have access to this information. Other statutes, commonly called community notification laws, mandate that all residents in a certain geographic area be notified before a convicted sex offender moves into their neighborhood.

There have been numerous constitutional challenges to sex offender registration acts; however, most courts have found no constitutional violations. Specific attacks that have been unsuccessfully made include the arguments that the statutes constitute CRUEL AND UNUSUAL PUNISHMENT, they are EX POST FACTO LAWS (laws that retroactively punish behavior), they are bills of attainder (acts of the legislature to impose punishment without a court trial), they constitute DOUBLE JEOPARDY (multiple prosecutions for the same offense), or they violate the offender's right to privacy.