Military Sexual Offender Registration Notification

Military Sexual Offender Registration Notification: What Service Members Need to Know

For military service members convicted of certain sex offenses under the Uniform Code of Military Justice (UCMJ), the consequences go far beyond jail time, discharge, or loss of pay. One of the most devastating and long-lasting consequences is mandatory sex offender registration under the Sex Offender Registration and Notification Act (SORNA). If you’re facing charges like Article 120 (sexual assault) or Article 120b (sexual abuse of a child), it’s critical to understand what registration means—and how to fight it.

What Is SORNA and Why Does It Matter to Military Members?

SORNA is a federal law that standardizes sex offender registration across all 50 states. It was created as part of the Adam Walsh Child Protection and Safety Act of 2006 and requires individuals convicted of certain sex offenses to register with local authorities after their release from incarceration or discharge from the military.

Military courts do not directly impose registration. Instead, they notify the proper state authorities when someone is convicted of a qualifying sex offense. Once you are released, the obligation to register falls on you—and failure to comply is a separate federal crime.

Which Military Crimes Trigger Registration?

Military sex offender registration typically applies to the following UCMJ offenses:

Article 120 – Sexual Assault
Article 120b – Sexual Abuse of a Child
Article 120c – Indecent Viewing, Indecent Exposure, or Broadcasting
Article 125 (pre-2019) – Forcible Sodomy
Article 134 – Child Pornography or Sexually Explicit Conduct

Even if a conviction is under a general article like Article 134, if the underlying conduct involves a sexual act or sexual interest in minors, registration may still be triggered.

How Long Does Registration Last?

Under SORNA, sex offenses are categorized into tiers, and each tier has a different registration period:

Tier I: 15 years (can sometimes be reduced to 10 with good behavior)
Tier II: 25 years, no reduction
Tier III: Lifetime registration, typically for offenses involving children or force

Each state may have slightly different rules on implementation, but the federal minimum standards apply.

How the Military Notifies Civilian Authorities

The military is legally obligated to notify state and local law enforcement when a service member convicted of a qualifying offense is about to be released. This is done using a Department of Defense form (DD Form 2791), which includes the details of the offense and upcoming release. The military also informs the offender of their obligation to register and where to do so.

According to the U.S. Department of Defense, hundreds of convicted service members are added to sex offender registries each year. The burden follows them long after they’ve left the uniform behind.

Quote from a Military Law Expert

“Sex offender registration is not a punishment—it’s a regulatory consequence. But it can be more devastating than jail time. It follows you for life.”

— Lt. Col. Mark Visger (ret.), military judge and UCMJ scholar

Can You Avoid Registration?

In rare cases, yes. Avoiding registration requires careful legal strategy. An experienced military defense attorney may:

Negotiate a plea to a non-registerable offense
Secure an acquittal at trial
Argue that the offense does not meet SORNA’s definition of a sex offense

Ultimately, the best defense is early intervention by a skilled court-martial lawyer. Once convicted of a qualifying offense, your options are extremely limited.

Common Questions About Military Sex Offender Registration

Does the military tell me where to register?

Yes. Before your release, your command will provide instructions and notify the correct civilian registry.

What if I was acquitted of the sex offense but convicted of a lesser charge?

If the lesser offense does not involve sexual conduct, registration may not be required. But each case is fact-specific.

Can I move to another state after registering?

Yes, but you must notify both the state you’re leaving and the new one—usually within 72 hours of your move.

Is the registry public?

Yes, in most states, your name, photo, address, and conviction details will appear in an online public registry.

Can I be removed from the registry early?

Tier I offenders may petition for removal after 10 years in some states. Tier II and Tier III offenders generally have no early exit option.

What’s at Stake

Being labeled a sex offender can limit your ability to work, find housing, attend school, or even visit your children. Some states prohibit registered sex offenders from living near schools or parks, and many employers won’t hire anyone on the registry.

Don’t Wait—Act Now

If you’re facing sexual assault charges in the military, your future is on the line. Gonzalez & Waddington is a globally recognized law firm that has defended military service members against some of the most serious sex crime allegations under the UCMJ. We understand what’s at stake, and we fight to win—not just at trial, but also to protect your future from permanent consequences like sex offender registration.

Call us now at 1-800-921-8607 or visit www.ucmjdefense.com to schedule a confidential consultation.

Sources:

Department of Defense Instruction 1325.07
U.S. Department of Justice, SMART Office: https://smart.ojp.gov/sorna

Let me know if you’d like this expanded into a full 3,000-word version with more legal breakdowns, examples, or case studies.

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.

Sex Offender Registration for Military Offenders

Advice to Client: Sex offender registration lists are accessible to 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 that 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 understood the contents of this form and the enclosure, and I have been provided with a copy.

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

Court Martial Jurisdiction

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