Registration as Military Sex Offender

Jan 7, 2011

Under Federal law, DoD Instruction 1325.7, and Army Regulation 27-10 (sister services have similar Regulations), those who have been convicted of any of the following offenses 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 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, Navy, Air Force, Marines or is separated. If the service member remains in the military, registration with the installation Provost Marshal is also required.

UCMJ Offenses committed before 1 October 2007:

• Rape or carnal knowledge Article. 120
• Forcible sodomy or sodomy of a minor Article. 125
• Conduct unbecoming an officer that involves any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnapping of a minor Article. 133
• Prostitution or pandering involving a minor, Article 134
• Indecent assault, Article 134
• Assault with intent to commit rape or sodomy, Article 134
• Indecent act with a minor, Article 134
• Kidnapping of a minor by a person not a parent, Article 134
• Pornography involving a minor, Article 134
• Conduct prejudicial to good order and discipline involving any sexually violent offense or a criminal offense of a sexual nature against a minor, Article 134
• Assimilated Crimes Act conviction under federal or state law of a sexually violent offense or a criminal offense of a sexual nature against a minor or kidnapping of a minor, Article 134
• Any attempt (Article 80), solicitation (Article 82), or conspiracy (Article 81) to commit any of the above offenses, and violations of Article 133, UCMJ, that involve any of the above offenses.

Offenses committed on or after 1 October 2007:

• Any violation of Article 120
• Forcible sodomy or sodomy of a minor, Article 125
• Assault with intent to commit rape or sodomy, Article 134
• Pornography or prostitution involving a minor, Article 134
• Kidnapping of a minor by a person not a parent, Article 134
• Conduct unbecoming an officer that describes conduct set out in any provision of this table, Article 133
• Article 134 convictions under clauses one or two (prejudicial to good order and discipline or service discrediting) or clause three (Assimilative Crimes Act for violations of state or federal law) that (1) has an element involving the sexual contact with another; (2) involves kidnapping of a minor (except by a parent of the minor); (3) involves false imprisonment of a minor (except by a parent of the minor); (4) involves solicitation of a minor to engage in sexual conduct; (5) involves the use of a minor in a sexual performance; (6) involves video voyeurism of a minor as described in 18 U.S.C. § 1801; (7) involves possession, production, or distribution of child pornography; (8) involves criminal sexual conduct involving a minor, or use of the internet to facilitate or attempt such conduct; or (9) or any conduct that by its nature is a sex offense against a minor.
• Article 134 convictions under clause three (Assimilative Crimes Act) under the following provisions of 18 U.S.C.: sections 1152 & 1153 (assimilating federal and state law as to Indian lands); section 1591 (sex trafficking of children); Chapter 109A (sexual abuse) ; Chapter 110 (sexual exploitation and other abuse of children) except §§ 2257 and 2257A (record keeping requirements) and 2258 (failure to report child abuse); and Chapter 117 (transportation for illegal sexual activity and related crimes.)
• Any attempt (Article 80), solicitation (Article 82), or conspiracy (Article 81) to commit any of the above offenses, and violations of Article 133, UCMJ, that involve any of the above offenses.

Sex Crime Defense

If you have specific questions on whether the charges you face will require you to register as a sexual offender if convicted, you may contact the Hawaii court martial defense lawyers at Bilecki Law Group seven days a week, 24 hours a day.