PART 72—SEX OFFENDER REGISTRATION AND NOTIFICATION Authority: 34 U.S.C. 20901-45; Pub. L. 109-248, 120 Stat. 587; Pub. L. 114-119, 130 Stat. 15. Source: AG Order No. 5244-2021, 86 FR 69884, Dec. 8, 2021, unless otherwise noted. § 72.1 Purpose. (a) This part specifies the registration requirements of the Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. 20901 et seq., (b) This part does not preempt or limit any obligations of or requirements relating to sex offenders under other Federal laws, rules, or policies, or under the laws, rules, or policies of registration jurisdictions or other entities. States and other governmental entities may prescribe registration requirements and other requirements, with which sex offenders must comply, that are more extensive or stringent than those prescribed by SORNA. § 72.2 Definitions. All terms used in this part have the same meaning as in SORNA. § 72.3 Applicability of the Sex Offender Registration and Notification Act. The requirements of SORNA apply to all sex offenders. All sex offenders must comply with all requirements of that Act, regardless of when the conviction of the offense for which registration is required occurred (including if the conviction occurred before the enactment of that Act), regardless of whether a jurisdiction in which registration is required has substantially implemented that Act's requirements or has implemented any particular requirement of that Act, and regardless of whether any particular requirement or class of sex offenders is mentioned in examples in this regulation or in other regulations or guidelines issued by the Attorney General. Example 1 to § 72.3. Example 2 to § 72.3. § 72.4 Where sex offenders must register. A sex offender must register, and keep the registration current, in each jurisdiction in which the offender resides, is an employee, or is a student. For initial registration purposes only, a sex offender must also register in the jurisdiction in which convicted if that jurisdiction is different from the jurisdiction of residence. § 72.5 How long sex offenders must register. (a) Duration. (1) 15 years, if the offender is a tier I sex offender; (2) 25 years, if the offender is a tier II sex offender; and (3) The life of the offender, if the offender is a tier III sex offender. (b) Commencement. (1) When a sex offender is released from imprisonment following conviction for the offense giving rise to the registration requirement, including in cases in which the term of imprisonment is based wholly or in part on the sex offender's conviction for another offense; or (2) If the sex offender is not sentenced to imprisonment, when the sex offender is sentenced for the offense giving rise to the registration requirement. (c) Reduction. § 72.6 Information sex offenders must provide. Sex offenders must provide the following information for inclusion in the sex offender registries of the jurisdictions in which they are required to register: (a) Name, date of birth, and Social Security number. (2) The sex offender's date of birth and any date that the sex offender uses as his purported date of birth. (3) The Social Security number of the sex offender and any number that the sex offender uses as his purported Social Security number. (b) Remote communication identifiers. (c) Residence, temporary lodging, employment, and school attendance. (2) Information about any place in which the sex offender is staying when away from his residence for seven or more days, including the identity of the place and the period of time the sex offender is staying there. (3) The name and address of any place where the sex offender is or will be an employee or, if the sex offender is or will be employed but with no fixed place of employment, other information describing where the sex offender works or will work with whatever definiteness is possible under the circumstances. (4) The name and address of any place where the sex offender is a student or will be a student. (d) International travel. (e) Passports and immigration documents. (f) Vehicle information. (g) Professional licenses. § 72.7 How sex offenders must register and keep the registration current. (a) Initial registration In general. (2) Special rules for certain cases. (i) Federal and military offenders. (ii) Foreign convictions. (b) Periodic in-person verification. (1) Each year, if the offender is a tier I sex offender; (2) Every six months, if the offender is a tier II sex offender; and (3) Every three months, if the offender is a tier III sex offender. (c) Reporting of initiation and changes concerning name, residence, employment, and school attendance. (d) Reporting of departure and termination concerning residence, employment, and school attendance. (2) A sex offender who will be terminating residence, employment, or school attendance in a jurisdiction must so inform that jurisdiction (by whatever means the jurisdiction allows) prior to the termination of residence, employment, or school attendance in the jurisdiction. (e) Reporting of changes in information relating to remote communication identifiers, temporary lodging, and vehicles. (f) Reporting of international travel. (g) Compliance with jurisdictions' requirements for registering and keeping the registration current. Example 1 to paragraph (g)(1). i.e., Example 2 to paragraph (g)(1). Example 3 to paragraph (g)(1). Example 4 to paragraph (g)(1). (2) In a prosecution under 18 U.S.C. 2250, paragraph (g)(1) of this section does not in any case relieve a sex offender of the need to establish as an affirmative defense an inability to comply with SORNA because of circumstances beyond his control as provided in 18 U.S.C. 2250(c) and § 72.8(a)(2). § 72.8 Liability for violations. (a) Criminal liability Offense. (A) Is required to register under SORNA; (B)( 1 ( 2 (C) Knowingly fails to register or update a registration as required by SORNA. (ii) A sex offender may be liable to criminal penalties under 18 U.S.C. 2250(b) if the sex offender— (A) Is required to register under SORNA; (B) Knowingly fails to provide information required by SORNA relating to intended travel in foreign commerce; and (C) Engages or attempts to engage in the intended travel in foreign commerce. (iii) As a condition of liability under 18 U.S.C. 2250(a)-(b) for failing to comply with a requirement of SORNA, a sex offender must have been aware of the requirement he is charged with violating, but need not have been aware that the requirement is imposed by SORNA. (2) Defense. Example 1 to paragraph (a)(2). See Example 2 to paragraph (a)(2). Example 3 to paragraph (a)(2). (b) Supervision condition.