What Crimes Make Someone a Sex Offender?
You’ve probably heard of the sex offender registry before. Established in 2006, the registry is supposed to be a way for the public to stay informed about convicted offenders in their neighborhood.
Each state maintains its own registry. As such, the specific requirements for registration and public notification vary from state to state. These registries are available to the public, and they are usually searchable by name and/or geographical region.
Over the years, certain misconceptions about the registry have developed. If someone’s a sex offender, that must mean they’re a potential risk for violence, right? They will do it again?
In some cases, maybe. But in others, probably not.
The registry was created with the intention of keeping the public apprised of convicted sex offenders, especially violent repeat offenders. But it’s important to keep in mind that, while certain crimes may require an individual to register as a sex offender, they don’t all necessarily indicate a person’s tendency toward violence or repeating their offense.
A person must register as a sex offender if they were convicted of:
-Exploitation of a minor
-Sexual assault (rape)
-Failing to register
Exploitation of a Minor
This is one of the most obvious sex offender crimes. And it’s actually one of the main reasons the government created the sex offense registry to begin with. This broad category can apply to an individual being inappropriate directly with a minor, or it can apply to an individual exposing a minor to inappropriate content.
Less-serious offenses may still constitute exploitation of a minor if someone previously committed a serious offense with a minor.
Different states have different definitions when it comes to “sexual assault,” especially when it comes to whether an assault constitutes a misdemeanor or a felony. Generally, it includes most instances where someone forces another person to have sexual contact. Offenses against children are more serious, and they are more likely to come with a harsher sentence.
In most states, this includes both consensual and non-consensual incest. The reason the courts consider incest such a serious crime is that it involves an imbalance of power. This is similar to the imbalance you might find in a relationship between an adult and a minor.
Each state has its own definition of incest, which covers a smaller or larger circle of family and determines if it’s a sex offense.
This refers to a “consensual” relationship between someone below the age of consent and someone above the age of consent. (Again, the age of consent varies between states; it typically ranges from 14-18.) As such, this falls under the same umbrella as exploitation of a minor, since minors can’t consent to sexual contact with anyone over the age of consent.
Legally, there’s no such thing as a consensual sexual encounter between a minor and an adult.
Prostitution is illegal nearly nationwide. But it’s often treated similarly to other crimes that don’t involve sex.
In a few select states, solicitation (when someone pays a sex worker) may be reason for someone to register with the sex offense registry. This applies even if the encounter is consensual.
This is a huge umbrella term, and it might surprise you how much ground it covers.
On one hand, this makes sense. If someone exposes themselves to another person sexually, it can be incredibly traumatizing to the other person. But on the other hand, indecent exposure also often includes non-sexual exposure, like streaking and public urination.
So the actual crime, while certainly ill-advised, might be much less severe than it sounds.
Some Types of Sexting
It’s considered exploitation of a minor for someone to possess sexual images of a minor. But while minors may legally have sexual contact with each other under some circumstances, it’s entirely illegal for a minor to take or send nude pictures. This can lead to sex offense convictions for both the minor who took the picture and the minor who received it.
Not Applying to the Registry
In some states, failing to apply to the sex offender registry is itself a sex offense, and is listed on the registry. If someone moves, the person has to re-register with their new address. Failure to register usually counts as a violation of the person’s sentence.
How Do You Know Who to Trust?
The sex offense registry is helpful in many ways. But it’s not perfect. The actual crime that landed someone on the registry can range from incredibly severe to fairly minor. So, to confirm the degree of severity, a good option is to try and get the details using a public records site like PeopleFinders.
You can perform a criminal records check to try and get information about a person’s criminal background, including any sex offenses. That way, you’re much more likely to be fully informed.
There are lots of ways to keep yourself and your family safe. Checking the sex offense registry is one way. And using a site like PeopleFinders is another. Either option may help you make sure that you stay informed about the people you know and the people near you.
Image attribution: Pavel – stock.adobe.comTags: Crime, Criminal Records, Sex Offender, Sexual Assault
Categorized in: People Data