UCMJ Offenses Requiring Sex Offender Registration

What is Sex Offender Registration in the Military Justice System

Sex offender registration is a legal requirement for individuals convicted of certain sexual offenses. These registrants must provide personal information to law enforcement authorities, which is then entered into a publicly accessible registry. The information typically includes the offender’s name, address, photograph, and crime details. The primary purpose of sex offender registration is to enhance public safety by notifying communities about the presence of convicted sex offenders in their area.

Key Aspects of Sex Offender Registration:

1. Notification: The registrant must regularly update their information with local law enforcement, especially if they move.

2. Public Access: Registries are often available to the public, allowing community members to access information about registered offenders in their vicinity.

3. Restrictions: Registered sex offenders may face various restrictions, such as living near schools or parks, and limitations on internet usage.

4. Duration: The duration of the registration requirement can vary, often depending on the severity of the offense, ranging from a few years to a lifetime.

Purpose and Impact:

The main goal of sex offender registration is to protect communities by ensuring that law enforcement and the public are aware of the presence of sex offenders. However, registration also imposes significant collateral consequences on registrants, including social stigma, difficulties finding employment and housing, and ongoing legal obligations. These impacts underscore the importance of seeking experienced legal representation for anyone facing sex offender registration requirements.

Sex Offender Processing is Required for the Following UCMJ Offenses

Note: This chart applies to Offenses Defined on or After June 28, 2012 (Source DoDI 1325.07, March 11, 2013, Change 4, 08/19/2020 Appendix 4 to Enclosure 2).

1. 1. A Service member who is convicted in a general or special court-martial of any of the offenses listed must register with the appropriate authorities in the jurisdiction (State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, he/she will reside, work, or attend school upon leaving confinement, or upon conviction if not confined. Generally, this registration must occur within 3 days of release from confinement or 3 days of conviction if not confined.
   2. Appropriate DoD officials, as designated in implementing Service regulations, must inform the person so convicted of his or her duty to register and must inform the appropriate officials in the offender’s stated jurisdiction of residence as soon as possible after conviction (if not confined) and before the prisoner’s release (if confined). Any failure of the appropriate DoD officials to notify an offender of his or her requirement to register will not serve to relieve that offender of his or her duty to register so.
   3. A Service member convicted of any offenses listed in Table 4 or convicted of offenses similar to those listed below, shall be advised that the individual jurisdictions in which the offender might live, work, or attend school may require registration for offenses not listed below. Each registration jurisdiction sets its own sex offender policy and laws.
   4. Effective immediately, reporting (and notice to convicted persons) is required based on a qualifying conviction of any offense listed below, without regard to the date of the offense or the date of the conviction for anyone currently incarcerated or under supervision (parole or mandatory supervised release).
   5. The offenses defined before October 1, 2007, are included to facilitate identification of those prisoners who were convicted of offenses occurring before October 1, 2007; however, reporting could still be required if the offense for which convicted occurred before October 1, 2007, but contained elements that would require reporting if the offense had occurred on or after October 1, 2007.
   6. Notwithstanding the offenses listed in Table 4, offenses under Articles 120 or 134 of the UCMJ that constitute only public sex acts between consenting adults do not require sex offender registration (i.e., indecent exposure). An offense involving consensual sexual conduct between adults is not a reportable offense, unless the adult victim was under the custodial care of the offender at the time of the offense. Additionally, an offense involving consensual sexual conduct is not a reportable offense if the victim was at least 13 years old and the offender was not more than 4 years older than the victim (as determined by date of birth).

Maximum Punishments UCMJ Offenses 2024: Combined UCMJ Punishments Chart

A conviction of any of the following UCMJ Articles will require sex offender processing and registration.

• • Article 120(a) UCMJ, Rape, using unlawful force: DIBRS CODE – 120AA
  • Article 120(a) UCMJ, Rape: DIBRS CODE – 120AA1
  • Article 120(a) UCMJ, Rape, using force causing or likely to cause death or grievous bodily harm to any person: DIBRS CODE – 120-AB
  • Article 120(a) UCMJ, Rape, threatening that other person unconscious: DIBRS CODE – 120-AC
  • Article 120(a) UCMJ, Rape, first rending that person unconscious: DIBRS CODE – 120-AD
  • Article 120(a) UCMJ, Rape, administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct: DIBRS CODE – 120-AE
  • Article 120(b) UCMJ, Sexual Assault: DIBRS CODE – 120AA2
  • Article 120(c) UCMJ, Aggravated Sexual Contact: DIBRS CODE – 120AA3
  • Article 120(c) UCMJ, Abusive Sexual Contact: DIBRS CODE – 120AA4
  • Article 120(c) UCMJ, Aggravated Sexual Contact, using lawful force: DIBRS CODE – 120-CA
  • Article 120(c) UCMJ, Aggravated Sexual Contact, using force causing or likely to cause death or grievous bodily harm to any person: DIBRS CODE – 120-CB
  • Article 120(c) UCMJ, Aggravated Sexual Contact, threatening or placing that person in fear that any person will be subject to death, grievous bodily harm, or kidnapping: DIBRS CODE – 120-CC
  • Article 120(c) UCMJ, Aggravated Sexual Contact, first rendering that other person unconscious: DIBRS CODE – 120-CD
  • Article 120(c) UCMJ, Aggravated Sexual Contact, administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct: DIBRS CODE – 120-CE
  • Article 120(d) UCMJ, Abusive Sexual Contact, threatening or placing that other person in fear: DIBRS CODE – 120-DA
  • Article 120(d) UCMJ, Abusive Sexual Contact, making a fraudulent representation that the sexual contact serves a professional purpose: DIBRS CODE – 120-DC
  • Article 120(d) UCMJ, Abusive Sexual Contact, inducing a belief by any artifice, pretense, or concealment that the person is another person: DIBRS CODE – 120-DD
  • Article 120(d) UCMJ, Abusive Sexual Contact, by committing sexual contact upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual contact is occurring: DIBRS CODE – 120-DE
  • Article 120(d) UCMJ, Abusive Sexual Contact, by committing sexual contact upon another person when the other person is incapable of consenting to the sexual contact due to impairment by any drug, intoxicant, other similar substance, and that condition is known or reasonably should be known by the other person: DIBRS CODE – 120-DF
  • Article 120(d) UCMJ, Abusive sexual contact, by committing sexual contact upon another person when the other person is incapable of consenting to the sexual contact due to impairment by a mental disease or defect or physical disability and that condition is known or reasonably should be known by the person: DIBRS CODE – 120-DG
  • Article 120b(a) UCMJ, Rape of a Child (Under 12 years of age):DIBRS CODE – 120BA1
  • Article 120b(a) UCMJ, Rape of a Child (Has attained the age of 12): DIBRS CODE – 120BA2
  • Article 120b(a) UCMJ, Rape of a Child, at least 12 years of age, by threatening or placing that child in fear: DIBRS CODE – 120BA3
  • Article 120b(a) UCMJ, Rape of a Child, at least 12 years of age, by rendering that child unconscious: DIBRS CODE – 120BA4
  • Article 120(a) UCMJ, Rape of a Child, at least 12 years of age, by administering to that child a drug, intoxicant, or other similar substance: DIBRS CODE – 120B5
  • Article 120b(b) UCMJ, Sexual Assault of a Child: DIBRS CODE – 120B B1
  • Article 120b(c) UCMJ, Sexual Abuse of a Child, committing a lewd act with sexual contact: DIBRS CODE – 120BC1
  • Article 120(b) UCMJ, Sexual Assault, threatening or placing that other person in fear: DIBRS CODE – 120-BA
  • Article 120(b) UCMJ, Sexual Assault, making a fraudulent representation that the sexual act serves a professional purpose: DIBRS CODE – 120-BC
  • Article 120(b) UCMJ, Sexual Assault, including a belief by an artifice, pretense, or concealment that the person is another person: DIBRS CODE – 120-BD
  • Article 120(b) UCMJ, Sexual Assault, by committing a sexual act upon another person when the person knows or reasonably should know that the sexual act is occurring: DIBRS CODE – 120-BE
  • Article 120(b) UCMJ, Sexual Assault, by committing a sexual act upon another person when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person: DIBRS CODE – 120-BF
  • Article 120(b) UCMJ, Sexual Assault, by committing a sexual act upon another person when the other person is incapable of consenting to the sexual act due to impairment by a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person: DIBRS CODE – 120-BG
  • Article 120b(c) UCMJ, Sexual Abuse of a Child, committing lewd act by intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple: DIBRS CODE – 120BC2
  • Article 120b(c) UCMJ, Sexual Abuse of a Child, committing lewd act by communicating indecent language: DIBRS CODE – 120BC3
  • Article 120b(c) UCMJ, Sexual Abuse of a Child, committing lewd act with indecent contact: DIBRS CODE – 120BC4
  • Article 120c(a) UCMJ, Indecent Viewing, Visual Recording, or Broadcasting knowingly and wrongfully viewing the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy: DIBRS CODE – 120CA1
  • Article 120c(a) UCMJ, Indecent Viewing, Visual Recording, or Broadcasting – knowingly photographing, videotaping, filming, or recording by any means the private area of another person, without other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy: DIBRS CODE – 120CA2
  • Article 120c(a) UCMJ, Indecent Viewing, Visual Recording, or Broadcasting – knowingly broadcasting or distributing any such recordings that the person knew or reasonably should have known was made without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy: DIBRS CODE – 120CA3
  • Article 120c(b) UCMJ, Forcible Pandering: DIBRS CODE – 120CB
  • Article 120c(c) UCMJ, Indecent Exposure: DIBRS CODE – 120CC
  • Article 133 UCMJ, Conduct Unbecoming an Officer, Other: DIBRS CODE – 133D
  • Article 134 UCMJ, Prostitution: DIBRS CODE – 134-B6
  • Article 134 UCMJ, Assault with Intent to Commit Sodomy: DIBRS CODE – 134-C6
  • Article 134 UCMJ, Kidnapping of a Minor (by a person not parent): DIBRS CODE – 134-S2
  • Article 134 UCMJ, Conduct Prejudicial to Good Order and Discipline (involving any conduct otherwise listed in this table): DIBRS CODE – 134-Z
  • Article 134 UCMJ, Possession of Child Pornography: DIBRS CODE – 134R6A
  • Article 134 UCMJ, Possession of Child Pornography, with intent to distribute: DIBRS CODE – 134R6B
  • Article 134 UCMJ, Distribution of Child Pornography: DIBRS CODE – 134R6C
  • Article 134 UCMJ, Production of Child Pornography: DIBRS CODE – 134R6D
  • Article 80 UCMJ, Attempt (to commit any of the foregoing)
  • Article 81 UCMJ, Conspiracy (to commit any of the foregoing)
  • Article 82 UCMJ, Solicitation (to commit any of the foregoing): DIBRS CODE – 082-A

Collateral Consequences of Sex Offender Registration

Sex offender registration carries numerous collateral consequences that extend far beyond the immediate legal penalties. These repercussions significantly impact various aspects of an individual’s life, often for many years after the initial conviction.

Employment Challenges

One of the most severe consequences of sex offender registration is difficulty securing employment. Many employers conduct background checks, and discovering an individual’s status as a registered sex offender often leads to immediate disqualification. This stigma can severely limit job opportunities, pushing individuals into lower-paying, less stable positions or prolonged periods of unemployment.

Housing Restrictions

Registered sex offenders face stringent housing restrictions, often being barred from living near schools, parks, and other areas frequented by children. These limitations drastically reduce available housing options, frequently forcing individuals to relocate far from their support networks. Moreover, landlords are often unwilling to rent to registered sex offenders, further complicating the search for stable housing.

Social Stigma and Isolation

The social stigma attached to being a registered sex offender can lead to severe isolation. Friends and family may distance themselves, and the individual might be ostracized within their community. This social isolation can contribute to mental health issues such as depression and anxiety, exacerbating the challenges of reintegration into society.

Restrictions on Personal Freedoms

Many jurisdictions impose additional restrictions on registered sex offenders, such as curfews, limits on internet use, and mandatory participation in treatment programs. These restrictions can significantly hamper an individual’s freedom, making it difficult to lead a normal life. Compliance with these conditions is often closely monitored, and violations can result in further legal consequences.

Impact on Family Members

The collateral consequences of sex offender registration also extend to the registrant’s family members. Families may face social ostracism, bullying, and harassment due to their association with a registered sex offender. Children of registrants can be particularly affected, experiencing teasing and exclusion from peers, which can impact their emotional and psychological well-being.

Legal and Financial Burdens

The legal and financial burdens associated with sex offender registration are substantial. Individuals often face ongoing legal fees for compliance checks, mandatory reporting, and potential legal battles over restrictions and rights. These financial strains can be overwhelming, particularly with limited employment opportunities.

Long-term Impacts

The long-term impacts of sex offender registration are profound. Even after completing all legal requirements, the stigma and restrictions can persist, making it difficult to reintegrate into society fully. The permanent nature of the registry in many jurisdictions means that individuals continue to face these challenges indefinitely, affecting their quality of life for years or even decades.

Conclusion

The collateral consequences of sex offender registration are extensive and far-reaching, impacting employment, housing, social relationships, personal freedoms, and financial stability. Understanding these repercussions is crucial for individuals facing registration and for policymakers aiming to balance public safety with fair and just treatment of offenders. Legal representation from the best military defense lawyers can help navigate these complex issues and work towards mitigating some of the most severe consequences.