Advice Concerning Requirements to Register as a Sex Offender
Military Sexual Offender Registration Notification
Downloadable form – Advice Concerning Requirements to Register as a Sex Offender-Military Sex Assault Lawyers
General Information: Under Federal law, DoD Instruction 1325.07, and Army Regulation 27-10, those who have been convicted of any offense listed on the attached pages must register with the appropriate authorities in the jurisdiction (State, District of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, and Indian Tribal lands) in which they reside, carry on a vocation, or attend school. Generally, this sex offender registration must take place within three days of release from confinement or within three days of conviction if not confined. This requirement exists regardless of whether the service member remains in the Army or is separated. If the service member remains in the military, registration with the installation Provost Marshal is also required.
Advice to Client: Sex offender registration lists are accessible by the public. I understand that I may encounter substantial prejudice from being classified as a sex offender.
Because each State’s laws or territorial laws are different and can be changed or interpreted differently, it will be my responsibility to determine the registration requirements where I reside, carry on a vocation, or am a student to determine the requirements. My defense counsel has advised me to consult an attorney in the jurisdiction where I will live, work or go to school if I have any questions. It is a violation of law to fail to register as a sex offender if the law requires me to do so.
The offenses which commonly require registration as a sex offender are very broad and include, as a minimum, those listed on the enclosure. State or territorial law may be even broader.
I have discussed the above matters with my defense counsel.
I have read and understand the contents of this form and the enclosure and have been provided a copy of them.
Defense Counsel’s signature
Accused’s signature
List of reportable military sexual offenses requiring sex offender registration
Table 4. Offenses Defined before October 1, 2007
| UCMJ
ARTICLE |
DIBRS
CODE |
OFFENSE | |
| 120 | 120A | Rape | |
| 120 | 120B1/2 | Carnal Knowledge | |
| 125 | 125A | Forcible Sodomy | |
| 125 | 125B1/2 | Sodomy of a Minor | |
| 133 | 133D | Conduct Unbecoming an Officer (involving any sexually violent offense or a criminal offense of a sexual nature against a Minor or kidnapping of a Minor) | |
| 134 | 134-B6 | Prostitution Involving a Minor | |
| 134 | 134-C1 | Indecent Assault | |
| 134 | 134-C4 | Assault with Intent to Commit Rape | |
| 134 | 134-C6 | Assault with Intent to Commit Sodomy | |
| 134 | 134-R1 | Indecent Act with a Minor | |
| 134 | 134-R3 | Indecent Language to a Minor | |
| 134 | 134-S1 | Kidnapping of a Minor (by a person not parent) | |
| 134 | 134-Z | Pornography Involving a Minor | |
| 134 | 134-Z | Conduct Prejudicial to Good Order and Discipline (involving any sexually violent offense or a criminal offense of a sexual nature against a Minor or kidnapping of a Minor) | |
| 134 | 134-Y2 | Assimilative Crime Conviction (of a sexually violent offense or a criminal offense of a sexual nature against a Minor or kidnapping of a Minor) | |
| 80 | Attempt (to commit any of the foregoing) | ||
| 81 | Conspiracy (to commit any of the foregoing) | ||
| 82 | 082-A | Solicitation (to commit any of the foregoing) | |
Table 5. Offenses Defined on or After October 1, 2007 and Before June 28, 2012
Military Law Sexual Resources:
Types of Courts Martial in the Military Justice System
Advice Concerning Requirements to Register as a Military Sex Offender
Rape in the Military – Article 120 UCMJ
Military Justice System – Overview
MRE 412: Military Rape Shield Law
Investigation of Military Offenses
| UCMJ ARTICLE | DIBRS CODE | OFFENSE | |
| 120(a)(1) | 120-A1 | Rape. Using Force | |
| 120(a)(2) | 120-A2 | Rape. Causing Grievous Bodily Harm | |
| 120(a)(3) | 120-A3 | Rape. Threatening Death, Grievous Bodily Harm, Kidnapping | |
| 120(a)(4) | 120-A4 | Rape. Rendering Unconscious | |
| 120(a)(5) | 120-A5 | Rape. Administering Drug, Intoxicant, Or Similar Substance | |
| 120(b)(1) | 120-B3 | Rape Of Child. Under 12 Years Old | |
| 120(b)(2) | 120-B4 | Rape Of Child. 12 – Under 16 Years Old | |
| 120(b)(2) | 120-B5 | Rape Of Child. 12 – Under 16 Years Old. Causing Grievous
Bodily Harm |
|
| 120(b)(2) | 120-B6 | Rape Of Child. 12 – Under 16 Years Old. Threatening Death, Grievous Bodily Harm, Kidnapping | |
| 120(b)(2) | 120-B7 | Rape Of Child. 12 – Under 16 Years Old. Rendering
Unconscious |
|
| 120(b)(2) | 120-B8 | Rape Of Child. 12 – Under 16 Years Old. Administering Drug, Intoxicant, Or Similar Substance. | |
| 120(c)(1)(A) | 120-C1 | Aggravated Sexual Assault. Threatening Or Placing in Fear
(Other than Of Death, Grievous Bodily Harm, Kidnapping) |
|
| 120(c)(1)(B) | 120-C2 | Aggravated Sexual Assault. Causing Bodily Harm | |
| 120(c)(2) | 120-C3 | Aggravated Sexual Assault. When Victim is Substantially Incapacitated/Unable to Appraise Act, Decline Participation, Or Communicate Unwillingness | |
| 120(d) | 120-D1 | Aggravated Sexual Assault of a Child. 12 – Under 16 Years Old | |
| 120(e) | 120-E1 | Aggravated Sexual Contact. Using Force | |
| 120(e) | 120-E2 | Aggravated Sexual Contact. Causing Grievous Bodily Harm | |
| 120(e) | 120-E3 | Aggravated Sexual Contact. Threatening Death, Grievous
Bodily Harm, Kidnapping |
|
| 120(e) | 120-E4 | Aggravated Sexual Contact. Rendering Unconscious | |
Table 5. Offenses Defined on or After October 1, 2007 and Before June 28, 2012, Continued
| UCMJ ARTICLE | DIBRS CODE | OFFENSE |
| 120(e) | 120-E5 | Aggravated Sexual Contact. Administering Drug, Intoxicant, or
Similar Substance |
| 120(f) | 120-F1 | Aggravated Sexual Abuse of a Child |
| 120(g) | 120-G1 | Aggravated Sexual Contact with a Child. Under 12 Years Old |
| 120(g) | 120-G2 | Aggravated Sexual Contact with a Child. 12 – Under 16 Years
Old. Using Force |
| 120(g) | 120-G3 | Aggravated Sexual Contact with a Child. 12 – Under 16 Years
Old. Causing Grievous Bodily Harm |
| 120(g) | 120-G4 | Aggravated Sexual Contact with a Child. 12 – Under 16 Years
Old. Threatening Death, Grievous Bodily Harm, Kidnapping |
| 120(g) | 120-G5 | Aggravated Sexual Contact with a Child. 12 – Under 16 Years
Old. Rendering Unconscious |
| 120(g) | 120-G6 | Aggravated Sexual Contact with a Child. 12 – Under 16 Years
Old. Administering Drug, Intoxicant, or Similar Substance |
| 120(h) | 120-H1 | Abusive Sexual Contact |
| 120(h) | 120-H2 | Abusive Sexual Conduct. Causing Bodily Harm |
| 120(h) | 120-H3 | Abusive Sexual Conduct. When Victim is Substantially Incapacitated/Unable to Appraise Act, Decline Participation, or Communicate Unwillingness |
| 120(i) | 120-I1 | Abusive Sexual Contact with a Child. 12 – Under 16 Years Old |
| 120(j) | 120-J1 | Indecent Liberty with a Child |
| 120(k) | 120-K1 | Indecent Acts |
| 120(l) | 120-L1 | Forcible Pandering |
| 120(m) | 120-M1 | Wrongful Sexual Contact |
| 125 | 125A | Forcible Sodomy |
| 125 | 125B1/2 | Sodomy of a Minor |
| 133 | 133D | Conduct Unbecoming an Officer that describes conduct set out in any Provision of this Appendix |
| 134 | 134-B6 | Prostitution Involving a Minor |
Table 5. Offenses Defined on or After October 1, 2007 and Before June 28, 2012, Continued
| UCMJ ARTICLE | DIBRS CODE | OFFENSE |
| 134 | 134-C4 | Assault with Intent to Commit Rape |
| 134 | 134-C6 | Assault with Intent to Commit Sodomy |
| 134 | 134-S1 | Kidnapping of a Minor (by a person not parent) |
| 134 | 134-Z | Pornography Involving a Minor |
Table 6. Offenses Defined on or After June 28, 2012
| UCMJ
ARTICLE |
DIBRS
CODE |
OFFENSE |
| 120(a) | 120AA1 | Rape |
| 120(b) | 120AA2 | Sexual Assault |
| 120(c) | 120AA3 | Aggravated Sexual Contact |
| 120(d) | 120AA4 | Abusive Sexual Contact |
| 120b(a) | 120BB1 | Rape of a Child (Under 12 years of age) |
| 120b(a) | 120BB2 | Rape of a Child (Has attained the age of 12) |
| 120b(b) | 120BB3 | Sexual Assault of a Child |
| 120b(c) | 120BB4 | Sexual Abuse of a Child |
| 120c(a) | 120CC1 | Indecent Viewing, Visual Recording, or Broadcasting |
| 120c(b) | 120CC2 | Forcible Pandering |
False Allegations of Sexual Assault in the Military
Forcible Pandering or Forced Prostitution MCM 45b(12)
Forcible pandering is compelling someone to
- Engage in an act of “prostitution”
- And procuring the clients for the act of prostitution
“Prostitution” is a sexual act, sexual contact or a lewd act.
A “lewd” act is intentionally touching another’s genitalia (not through clothing) with the intent to abuse, humiliate or degrade any person or to arouse or gratify the sexual desire of any person or intentionally causing another person to engage in said touching. MCM 45a(t)(10)