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Sex offender registration laws and the Uniform Code of Military Justice: a primer: everything should be made as simple as possible, but not simpler.

I. Introduction

Before 2006, most trial defense counsel had little reason to consider sex offender registration This article requires authentication or verification by an expert.
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 laws in their day-to-day business. In late-2006, this changed completely when the Court of Appeals for the Armed Forces (CAAF CAAF Children Affected by AIDS Foundation (since 1993; Los Angeles, California)
CAAF US Court of Appeals for the Armed Forces
CAAF Chapel Allerton Arts Festival (Leeds, England) 
) created a new rule that gave sudden attention to sex offender registration laws in courts-martial practice. (2) The CAAF held that a trial defense counsel's failure to advise an accused charged with a sex offense of potential sex offender registration requirements on the record (3) would not constitute "per se ineffective assistance of counsel Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case. , ... [but would] be one circumstance Circumstance or circumstances can refer to:
  • Legal terms:
  • Aggravating circumstances
  • Attendant circumstance
 [that the CAAF would] carefully consider in evaluating allegations of ineffective assistance of counsel." (4)

The dilemma for trial defense counsel stems from the fact that the federal criminal justice system, including the military justice system, does not dictate TO DICTATE. To pronounce word for word what is destined to be at the same time written by another. Merlin Rep. mot Suggestion, p. 5 00; Toull. Dr. Civ. Fr. liv. 3, t. 2, c. 5, n. 410.  the registration of sex offenders. (5) The individual states dictate sex offender registration requirements. As a result, a defense counsel advising an accused charged with a sex offense would need to study all fifty state sex offender registration laws in order to completely advise a client. Thankfully thank·ful  
adj.
1. Aware and appreciative of a benefit; grateful.

2. Expressive of gratitude: a thankful smile.
 the CAAF did not require this; they only required "trial defense counsel to be aware of the federal statute addressing mandatory reporting mandatory reporting The obligatory reporting of a particular condition to local or state health authorities, as required for communicable disease and substance abuse Infectious disease State boards of health maintain records and collect data resulting from MR of  and registration for those who are convicted of offenses within the scope of this statute." (6)

This article addresses the minimum standard articulated by the court and also provides a state-by-state analysis of sex offender registration laws and their requirements. First, this article analyzes the background of sex offender registration laws and defines what constitutes a sex offender sex offender n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. . Second, this article addresses the different state methodologies regarding sex offender registration and what constitutes an offense requiring registration. Finally, the appendices ap·pen·di·ces  
n.
A plural of appendix.
 address each state specifically. This article provides trial defense counsel with sufficient information to advise a client on the specific collateral consequences (7) of a possible sex offense conviction, depending on the state where the client will live after confinement con·fine·ment
n.
1. The act of restricting or the state of being restricted in movement.

2. Lying-in.



confinement
.

II. Background

California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W).  was the first state to pass a sex offender registration law back in 1944; (8) however, this law did not compare to modern sex offender registration requirements. For example, the law was primarily used by California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
  • Statute
  • Bill (proposed law)
  • California State Legislature
External links
  • http://www.leginfo.ca.
 enforcement agencies. (9) The public had no access to the list until 1995, and even then only by telephone via the Child Molester Noun 1. child molester - a man who has sex (usually sodomy) with a boy as the passive partner
paederast, pederast

degenerate, deviant, deviate, pervert - a person whose behavior deviates from what is acceptable especially in sexual behavior
 Identification Line. (10) California waited until 2004 to make sex offender registration information available through the Internet. (11) Despite California's early action with sex offender registration laws, many states did not pass their own version until much later. (12) Unfortunately, the tragic death of Megan Kanka in New Jersey in 1994 was the primary force driving the modern sex offender registration and notification laws, including the applicable federal laws. (13)

A. Federal Law

Federal sex offender registration does not exist. (14) However, since 1994, the federal government has mandated that all states establish sex offender registration laws under the Jacob Wetterling Jacob Erwin Wetterling (born Feb 17,1978) was an American boy from St. Joseph, Minnesota who was kidnapped from his hometown at the age of 11 on October 22, 1989. He, his brother, and a friend were bicycling home from a convenience store, when a masked gunman came out of a driveway  Crimes Against Children and Sexually Violent Offender Registration Program (Jacob Wetterling Registration Program). (15) The statute requires registration by the states for three categories of offenses: criminal offenses against a victim who is a minor; (16) sexually violent offenses; (17) and, sexually violent offenses where the offender suffers from a mental abnormality Noun 1. mental abnormality - any abnormality of mental function
organic brain syndrome - mental abnormality resulting from disturbance of the structure or function of the brain
 that makes the person likely to engage in further predatory predatory

pertaining to predator.


predatory behavior
the hunting of birds, mice and small reptiles by cats and the hunting and herding behavior of dogs, often facilitated in a pack.
 sexually violent offenses. (18) Congress applies this statute to military offenders and offenses through the inclusion of a provision that requires "each State [to] include in its registration program resident[s] who were convicted in another State and [to] ensure that procedures are in place to accept registration from--residents who were ... sentenced by a court martial COURT MARTIAL. A court authorized by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article 64, directs that general courts martial may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not  [sic Latin, In such manner; so; thus.

A misspelled or incorrect word in a quotation followed by "[sic]" indicates that the error appeared in the original source.
]." (19) As this article illustrates, some states have not completely met this requirement. (20)

Current federal law includes the Adam Walsh Child Protection and Safety Act The Adam Walsh Child Protection and Safety Act (Pub.L. 109-248) was signed into law by U.S. President George W. Bush on July 27, 2006. The legislation organizes sex offenders into three tiers, and mandates that Tier 3 offenders update their whereabouts every three months.  of 2006. (21) The primary purpose of this statute was to expand the definition of a sex offense, (22) and to mandate that the Department of Justice (DOJ (Department Of Justice) The legal arm of the U.S. government that represents the public interest of the United States. It is headed by the Attorney General. ) establish a national sex offender registry The configuration database in all 32-bit versions of Windows that contains settings for the hardware and software in the PC it is installed in. The Registry is made up of the SYSTEM.DAT and USER.DAT files. Many settings previously stored in the WIN.INI and SYSTEM.  website to collect all relevant sex offender information from the states so that it could be found in one location. (23) One measure in this statute required the Secretary of Defense to define what the term "sex offense" meant with regards to military offenses. (24) This statute also created the DOJ Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). (25) On 2 July 2008, the SMART office published The National Guidelines guidelines,
n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks.
 for Sex Offender Registration and Notification. (26) These guidelines included language about military offenders consistent with the previous statutes. The guidelines require "military correctional and supervision personnel to notify the receiving jurisdiction's authorities concerning the release to their areas of such sex offenders." (27)

B. State Law

Despite California's sex offender registration requirements from 1944, only twenty-two states had enacted sex offender registration laws by the time the Jacob Wetterling Registration Program was passed in 1994. (28) All fifty states and the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  have now enacted sex offender registration laws with Massachusetts being the last in August 1996. (29)

Despite the sex offender registration requirements, several states still have issues. For example, the Missouri Constitution prohibits laws of retrospective LAW, RETROSPECTIVE. A retrospective law is one that is to take effect, in point of time, before it was passed.
     2. Whenever a law of this kind impairs the obligation of contracts, it is void. 3 Dall. 391.
 operation, (30) which is uncommon in other states. The U.S. Supreme Court has ruled that the Ex Post Facto Clause of the U.S. Constitution (31) does not apply to retroactive Having reference to things that happened in the past, prior to the occurrence of the act in question.

A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a
 sex offender registration requirements because the requirement to register is administrative, not punitive pu·ni·tive  
adj.
Inflicting or aiming to inflict punishment; punishing.



[Medieval Latin pn
. (32) However, the Missouri Supreme Court has read its state constitution to forbid for·bid  
tr.v. for·bade or for·bad , for·bid·den or for·bid, for·bid·ding, for·bids
1. To command (someone) not to do something: I forbid you to go.

2.
 any retroactive registration of sex offenders in Missouri. (33)

Another issue is due process. The Supreme Court of Hawaii has ruled that the due process clause of the Hawaii Constitution forbids public notification of sex offender registration. (34) The court concluded that the public notification aspect of the Hawaii sex offender registration law violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 due process because the law harmed the defendant's reputation and other "tangible interests" without a process in place to ensure erroneous erroneous adj. 1) in error, wrong. 2) not according to established law, particularly in a legal decision or court ruling.  sex offender registration did not occur. (35)

State sex offender registration laws change frequently and they also vary widely in size and scope. (36) Alabama's law is only two pages printed (37) while Ohio's law is sixty-five pages. (38) Alabama's laws are silent on many issues: there is no specific mention of the military; the list of covered offenses includes only seven crimes; and there is no public access to the registry. (39) By comparison, Ohio's law includes an eight-page list of definitions. (40)

III. Analysis

A. Which States Require Military Registration?

Not all states have fully complied with the federal statute requirement to ensure that military offenders are included in state sex offender registration systems. (41) Before analyzing which states have not fully complied with the federal requirements, the first step is to look at the language of the statutes. The first major piece of analysis involves which states require military offenders to register. The states have implemented four main registration categories: the "federal court" or "federal law" category; the "another jurisdiction" category; the "requires registration in the federal or military system" category; and the "military offense" or "military court" category. (42) All fifty states and the District of Columbia fall into at least one of these categories, and most fall into several of the categories. The language describing these categories comes from the specific language in each state statute that describes who must register under that state system. The language varies from state to state, but the general theme of each of these four categories stays consistent across the country. Appendix A lists each state and which category or categories that they use. (43)

1. "Federal Court" or "Federal Law"

Eleven states use the "federal court" or "federal law" category to determine who must register in their state. (44) Five of these states also apply language from one of the other three categories. (45) The language used varies slightly and includes "the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. ," (46) or "the federal government." (47) Alabama's statute is an example of the common usage of this language, "[i]f any person ... has heretofore been convicted, or shall be convicted in any state or municipal court in Alabama, or federal court ... for any of the offenses hereinafter here·in·af·ter  
adv.
In a following part of this document, statement, or book.


hereinafter
Adverb

Formal or law from this point on in this document, matter, or case

Adv. 1.
 enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule. , such person shall, upon his or her release from legal custody, register with the sheriff...." (48) An example of different language can be found in Delaware's statute: "Any person convicted of any offense specified in the laws of another state, the United States or any territory of the United States...." (49)

The application of this federal court or federal law category to the military is uncertain without further insight to establish what each state means by their own statute language. While undoubtedly a military court-martial is a federal court applying federal law, there are distinct differences between a court-martial and a federal district court. For example, a courtmartial is an Article I court under the U.S. Constitution, (50) while a federal district court is an Article III court. (51) Another key difference is that federal district courts normally apply Title 18, U.S. Code, in criminal matters, (52) while courts-martial generally apply the Uniform Code of Military Justice (UCMJ An abbreviation for the Uniform Code of Military Justice (10 U.S.C.A. § 801 et seq.). ) under Title 10, U.S. Code. (53) Either way, without legislative history reports or case law interpreting the specific portion of the state statute, the application of this language to a military offender is not very clear. However, the five states that apply another scheme on top of this language plainly include military offenders. For instance, Georgia specifically includes those who were "convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense," among other requirements. (54)

2. "Another Jurisdiction"

Thirteen states use the "another jurisdiction" language to determine who must register in their state. (55) Of these thirteen, eight also apply language from one of the other three categories. (56) The language used varies slightly from state to state, and includes the words "any court." (57) The common usage of this language may be found in Alaska's statute, which reads: "'sex offender or child kidnapper' means a person convicted of a sex offense or child kidnapping kidnapping, in law, the taking away of a person by force, threat, or deceit, with intent to cause him to be detained against his will. Kidnapping may be done for ransom or for political or other purposes.  in this state or another jurisdiction...." (58) Another example using similar language comes from Iowa: "'convicted' or 'conviction' means a person who is found guilty of ... an act which is an indictable offense indictable offense n. a crime (offense) for which a grand jury rules that there is enough evidence to charge defendant with a felony (a crime punishable by death or a term in the state penitentiary).  in this state or in another jurisdiction...." (59)

The application of another jurisdiction category to the military is not clear without case law or other applicable references to determine what each state means by that language. The five states that use this category alone are the most difficult to apply to the military. Alaska's law presents a prime example. (60) Alaska's statute does not mention the military, nor does it define the meaning of another jurisdiction. (61) One possible reading of another jurisdiction is very broad: another jurisdiction includes any court of competent jurisdiction in the United States. (62) However, it may also be read narrowly: another jurisdiction includes only other state courts. Unfortunately, no Alaska appellate court has interpreted the application of their sex offender registration laws to the military. (63)

For the eight states that include language from one of the other categories, application to the military is clearer. For example, Iowa specifically requires registration for "[a] person who has been convicted of a criminal offense against a minor, an aggravated ag·gra·vate  
tr.v. ag·gra·vat·ed, ag·gra·vat·ing, ag·gra·vates
1. To make worse or more troublesome.

2. To rouse to exasperation or anger; provoke. See Synonyms at annoy.
 offense, sexual exploitation, an [sic] other relevant offense, or a sexually violent offense in this state or in another state, or in a federal, military, tribal, or foreign court." (64) This language, combined with the conviction in another jurisdiction language above, shows the Iowa legislature's intent to require military sex offenders to register in their jurisdiction.

3. "Requires Registration in Federal or Military System"

This category, the least common, requires registration for convicted individuals when the federal or military system requires registration. Only seven states use this method and all seven include language from another registration category. (65) The most common language follows the example of Virginia's statute: "'Offense for which registration is required' includes ... [a]ny offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted." (66) Another example can be seen in Maine's statute: "[a]t any time of an offense that requires registration in the jurisdiction of conviction pursuant to that jurisdiction's sex offender registration laws or that would have required registration had the person remained there." (67)

Standing alone, this category would almost conclusively con·clu·sive  
adj.
Serving to put an end to doubt, question, or uncertainty; decisive. See Synonyms at decisive.



con·clusive·ly adv.
 not apply to the military because the military (and the federal government) do not register sex offenders. (68) Therefore, if any state based their system solely upon the requirement to register in the military system, then no military sex offenders would have to register in that state. (69)

Four of the seven states also use the "military offense" or "military court" category: Connecticut, Maryland, Missouri, and Nebraska. (70) Their statutes specifically mention how their sex offender registration laws apply to the military. (71) Maine and New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 both use the "another jurisdiction" category and their requirements are as unclear as Alaska's. (72) The last state, Virginia, applies the "federal court" scheme. (73) Based solely upon a reading of the statute, application of Virginia law to a military conviction is vague at best. Virginia uses the following language: "any similar offense under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof...." (74) While the military is part of the U.S. government, the question of whether the military is a political subdivision of the United States is uncertain. (75) Most likely, Virginia meant to include the military in this definition. (76) Unfortunately, no appellate court has interpreted the Virginia sex offender registration law as applied to the military. (77)

4. "Military Offense" or "Military Court"

Thirty-six states use the "military offense" or "military court" language to ensure that military sex offenders register in their state. (78) Twelve of these states also apply one of the other three categories discussed above. (79) The language used can vary widely and includes "Uniform Code of Military Justice," (80) "felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.  [sex] offense subject to a court-martial," (81) and "military ... jurisdiction." (82) As an example, Florida's statute states: "Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil matters. The judges are military officers and fulfill the role of jurors. It is distinct from the court martial. , including courts-martial conducted by the Armed Forces of the United States...." (83) Another example using different language comes from Idaho: "'Offender' means an individual convicted of an offense listed ... or a substantially similar offense under the laws of another state or in a federal, tribal or military court or the court of another country." (84)

This category provides the clearest application to convictions at a court-martial. The language covers all military sex offenders and court-martial convictions for sex offenses A class of sexual conduct prohibited by the law.

Since the 1970s this area of the law has undergone significant changes and reforms. Although the commission of sex offenses is not new, public awareness and concern regarding sex offenses have grown, resulting in the
. (85) Unlike the other three categories, the statutory intent to reach military sex offenders could not be more apparent. The fifteen states that do not use this category, create the greatest source of confusion for the military practitioner. (86)

B. Which Offenses under the UCMJ Require Registration in Each State?

After analyzing which states require registration for military offenders, the practitioner must next determine which offenses under the UCMJ require registration in each state. The states generally apply five different methodologies in deciding which offenses require registration: the comprehensive list of offenses; the statutory cross-reference list; the partial or limited list; federal statute references; or, the "required to register elsewhere" method. (87) As with the analysis of the states that require military registration, all fifty states and the District of Columbia use at least one of these methodologies. Some states apply more than one methodology in determining offenses that require registration. (88) The names of these methodologies comes from the way that the state lists (or do not list) the offenses requiring registration in that state. Appendix B lists the states and the methodologies that each state uses. (89)

1. Comprehensive List

Twenty-six states apply the comprehensive list methodology when determining which offenses require sex offender registration. (90) These states list every offense that requires registration in their sex offender registration statutes. For example, Colorado lists twenty-seven different offenses that qualify for registration, ranging from common offenses, such as sexual assault, to offenses that few states include, such as "engaging in sexual conduct in a penal institution." (91)

Application of the comprehensive list methodology to the military is clear in most cases. (92) Generally speaking, the practitioner should compare offenses in Department of Defense Instruction (DoDI) 1325.7 against the list of offenses in the state comprehensive list. (93) If the offense is listed in DoDI 1325.7 and the state statute, then a conviction for that offense requires registration in that state. (94) The most common pitfalls include Article 134 offenses that are not listed in DoDI 1325.7 and the revised Article 120 offenses. (95)

2. Statutory List

Twenty-four states apply the statutory list methodology when determining which offenses require sex offender registration. (96) In their sex offender registration statutes these states include a cross reference list of offenses that require registration. For example, Florida lists sixteen different criminal statutes that qualify for registration. (97) However, reading the Florida statute quickly becomes complex because there are no details of what these statutes actually proscribe pro·scribe  
tr.v. pro·scribed, pro·scrib·ing, pro·scribes
1. To denounce or condemn.

2. To prohibit; forbid. See Synonyms at forbid.

3.
a. To banish or outlaw (a person).
. In order to determine which offenses Florida requires sex offender registration for, a practitioner must look up all sixteen of the statutes spread across the Florida criminal code. (98)

Application of the statutory list methodology to the military is clear in most cases. As with the comprehensive list, the practitioner should compare the list of offenses in DoDI 1325.7 against the state's statutory list to apply that state law to the military. (99) This extra step of looking up the statutory cross-references to determine what the listed offenses contain is the only substantive difference between these first two methodologies. The remainder of the analysis does not change. (100)

3. Partial or Limited List

Only one state applies the partial or limited list methodology when determining which offenses require sex offender registration: Alabama. (101) Alabama does not list every offense that requires registration either through a comprehensive list or a statutory list. Instead, Alabama lists a few offenses and then includes a broad general statement designed to capture other sexual offenses. Alabama's statute reads,
   any act of sexual perversion involving a member of the same or the
   opposite sex, or any sexual abuse of any member of the same or the
   opposite sex or any attempt to commit any of these acts, and
   without limiting the generality of the above statement shall
   include specifically.... (102)


Application of the limited list methodology to the military is unclear. (103) On the one hand, the general statement of application implies that almost all sexual offenses are included in Alabama. This would mean that even offenses not included in other states could apply in Alabama, such as sexual misconduct sexual misconduct Professional ethics Any behavior that violates a health professional's ethics through sexual contact of physician and his/her Pt. See Professional boundaries. . (104) States that follow the comprehensive list methodology rarely include such misdemeanor misdemeanor, in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent.  crimes in their sex offender statutes. (105)

On the other hand, the general statement of application could mean that other crimes would not apply unless they are similar to the listed offenses. For example, Article 134 sex offenses that are not specifically listed, such as child pornography Child pornography is the visual representation of minors under the age of 18 engaged in sexual activity or the visual representation of minors engaging in lewd or erotic behavior designed to arouse the viewer's sexual interest. , may not fall under the Alabama statute. Child pornography is not one of the listed offenses. (106) Under the general statement above, child pornography arguably ar·gu·a·ble  
adj.
1. Open to argument: an arguable question, still unresolved.

2. That can be argued plausibly; defensible in argument: three arguable points of law.
 only falls under the sexual abuse category, but even that link is tenuous tenuous Intensive care adjective Referring to a 'touch-and-go,' uncertain, or otherwise 'iffy' clinical situation . (107)

4. Federal Statute References

Six states include references to federal statutes when determining which offenses require sex offender registration. (108) All six states also apply at least one other methodology. (109) Normally, the state cites the federal statutes in order to define a specific set of crimes or to capture a specific category of crimes. For example, Arkansas uses a federal statute to define aggravated sexual offense (110) and New York specifically incorporates convictions for eight federal statutes in their sex offender registration methodology. (111)

Because these states also use other methodologies in determining who must register, application of the federal statute reference to the military is plain in most cases. Generally speaking, the federal statute reference will only add clarity to the set of crimes for which the state requires registration. The Arkansas's statute references the federal aggravated sexual abuse statute which adds clarity to military application because the revised Article 120 borrows heavily from the federal statute. (112) The clarity is also seen in the New York statute which incorporates one of the most frequently assimilated federal crimes in the military under Article 134--child pornography pornography

Depiction of erotic behaviour intended to cause sexual excitement. The word originally signified any work of art or literature depicting the life of prostitutes.
. (113)

5. "Required to Register Elsewhere" (114)

The "required to register elsewhere" methodology allows the states to incorporate by reference the sex offender registration requirements of the rest of the states. Twenty-seven states include this clause in their registration statutes. (115) The usual way this clause works involves requiring registration in the state if any other state would require registration, even if the registering state would not normally require registration for that offense. For example, South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures


Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15.
 requires registration for "[a]ny person ... who has been convicted of ... an offense for which the person was required to register in the state where the conviction or plea occurred." (116) A more complex wording is found in Hawaii's statute which requires registration for
   [a] person who establishes or maintains a residence in this state
   and who has been designated as a covered offender ... or any other
   sexual offender designation in another state or jurisdiction and
   was, as a result of such designation, subjected to registration ...
   without regard to whether the person otherwise meets the criteria
   for registration as a covered offender, shall register in the
   manner provided.... (117)


Application of this methodology to the military can be confusing con·fuse  
v. con·fused, con·fus·ing, con·fus·es

v.tr.
1.
a. To cause to be unable to think with clarity or act with intelligence or understanding; throw off.

b.
 at best. By incorporating every other state's registration requirements into their own, these twenty-seven states have basically created a "super registration" statute that consists of the offenses requiring registration from all of the states. (118) Again, the problem of lack of clarity is heightened when dealing with the non-listed Article 134 offenses. (119)

C. State-Specific Cases

A few state courts have had the opportunity to apply their sex offender registration statutes to military convictions, with mixed results. In 2006, the New York Court of Appeals (120) held that a former Sailor Person who navigates ships or assists in the conduct, maintenance, or service of ships.

Sailors have historically received special treatment under the law because of the nature of their work.
 convicted of indecent assault indecent assault
n.
Sexual assualt.


indecent assault
Noun

a sexual attack which does not include rape

indecent assault n (BRIT) →
 under Article 134 (121) did not have to register as a sex offender under New York law. (122) However, this holding has since been narrowed. (123)

Another state with a specific case on point is Illinois. In this case, the plaintiff filed a civil suit to seek declaratory judgment declaratory judgment

In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that
 that he did not have to register as a sex offender. (124) He had been convicted at a court-martial for indecent assault in violation of UCMJ, Article 134. (125) Because Illinois was a military offense or military court jurisdiction (126) with a comprehensive list statute, (127) application of their law to the plaintiff hinged on whether or not indecent assault was "substantially equivalent" to an offense in the state statute. (128) The court held that it was and affirmed af·firm  
v. af·firmed, af·firm·ing, af·firms

v.tr.
1. To declare positively or firmly; maintain to be true.

2. To support or uphold the validity of; confirm.

v.intr.
 the registration requirement. (129)

D. Determining Which Offenses Require Registration

One of the largest steps for the practitioner involves determining which offenses require registration in each state. The most logical place to start is DoDI 1325.7. (130) All of the military confinement facilities require sex offender processing for individuals convicted of the listed offenses. (131) Appendix C (132) lists the offenses that DoDI 1325.7 requires sex offender processing for in the military corrections system. (133) Appendix C also includes a list of the offenses not included in the outdated out·dat·ed  
adj.
Out-of-date; old-fashioned.


outdated
Adjective

old-fashioned or obsolete

Adj. 1.
 DoDI 1325.7. (134)

Next, the practitioner must apply those offenses to the state registration methodology. Using the state of Georgia as an example, most of the offenses from DoDI 1325.7 match up with the state comprehensive list. (135) Kidnapping of a minor in the military is equivalent to kidnapping of a minor in Georgia. (136) Confusion arises when comparing Article 134 offenses with the Georgia comprehensive list. Most of the offenses are still covered, such as pornography involving a minor in the military which is equivalent to computer pornography in Georgia. (137) However, Georgia does not use a "conduct prejudicial prej·u·di·cial  
adj.
1. Detrimental; injurious.

2. Causing or tending to preconceived judgment or convictions:
 to good order and discipline" (138) standard as a catch-all that the military uses. But it does use a catch-all of sorts by including "[a]ny conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor." (139)

Another factor for the practitioner to consider is that DoDI 1325.7 does not include "service discrediting" crimes. (140) While this might have been an oversight
For Oversight in Wikipedia, see Wikipedia:Oversight.


Oversight may refer to:
  • Government regulation — The role of an official authority in regulating a separate authority.
, it appears to be intentional in·ten·tion·al  
adj.
1. Done deliberately; intended: an intentional slight. See Synonyms at voluntary.

2. Having to do with intention.
 because of the specific listing of "conduct prejudicial to good order and discipline" crimes. (141)

The solution for analyzing unlisted crimes or those that do not quite compare to the state comprehensive list is to look at the overall theme of the crimes listed. Returning to the Georgia statute, all of the offenses have either a sex crime against children component, (142) or a dangerous sex crime component. (143) Applying this theme to the military would show that adultery adultery

Sexual relations between a married person and someone other than his or her spouse. Prohibitions against adultery are found in virtually every society; Jewish, Christian, and Islamic traditions all condemn it, and in some Islamic countries it is still punishable by
, while clearly a sex crime, would not require registration as a sex offender under the Georgia statute. Not only is adultery not listed in DoDI 1325.7, but adultery is also not a sex crime against children or considered a dangerous sex crime. (144)

E. Step-by-Step Method for Advising a Potential Sex Offender Client (145)

The first step in advising a potential sex offender client is to learn which state the client will live in after they serve any potential confinement time. With that information, you can apply the methodologies in this primer prim·er
n.
A segment of DNA or RNA that is complementary to a given DNA sequence and that is needed to initiate replication by DNA polymerase.
 to learn about the registration requirements of that state.

The second step is to determine what military registration language that state uses. (146) This step is particularly critical if the state your client will live in is one of the fifteen that does not use the "military court" or "military offense" language. (147) Most likely by itself, this step will not keep your client from the requirement to register. This is particularly true if the language of each state statute is read broadly. (148)

The third step is to compare the charge sheet against DoDI 1325.7. (149) If the offense your client faces is one of the listed offenses, such as rape, then move to step four. If the offense your client faces is not one of the listed offenses, then you must compare that offense to each offense in the state statute.

This leads you to the fourth step, which is to analyze which offenses under the UCMJ require registration in that state. (150) This step can be completed very quickly and easily if the state uses a comprehensive list. On the other hand, it can be a slow process if the state uses a statutory list. Either way, the best method to figure out if the offense your client faces requires registration is to do an elements test against the state statute. If the military offense is "substantially equivalent" to the state offense, then your client will likely have to register. (151)

Step five is only applicable in rare cases where the courts of that state the client wishes to live in have rendered opinions about their registration laws as applied to the military. Currently only two states have this distinction. (152) If your client is moving to New York or Illinois, then you should apply those cases to your client's charges.

The sixth step is to advise your client of your analysis at this point. If registration is clearly applicable, (153) then advise your client he will probably have to register. If registration is not clearly applicable, or your client faces charges that might not be included, (154) then you should contact the state registration authorities for further clarification. (155) Either way you interpret the law, as a precaution, have your client sign a memorandum for record advising them of the probable requirement to register. (156)

Along the way, a savvy trial defense counsel should attempt to negotiate for a favorable fa·vor·a·ble  
adj.
1. Advantageous; helpful: favorable winds.

2. Encouraging; propitious: a favorable diagnosis.

3.
 pre-trial agreement that does not include a conviction for any offense which requires registration. (157) If that is not possible, then you should attempt to negotiate for a sex offense that might not require registration in the state your client wants to live in after any potential confinement. (158)

If none of these strategies work in your client's favor, argue to the panel or to the judge for an acquittal The legal and formal certification of the innocence of a person who has been charged with a crime.

Acquittals in fact take place when a jury finds a verdict of not guilty.
. All states require a conviction before registration requirements take effect. If a full acquittal is not likely, at least argue for a lesser included offense or ask for instructions on a lesser included offense that will not require registration in the state your client will eventually live in.

IV. Conclusion

The mandate from the CAAF seems simple on its face. (159) At a bare minimum, a trial defense counsel must advise their client charged with a sex offense on the record of the potential sex offender registration requirements. (160) The challenge arises when a trial defense counsel wants to do more than the bare minimum for their client. With four categories for determining whether or not the state includes military convictions, (161) five methodologies for determining which offenses the state includes in their registration programs, (162) and an almost six-year-old DoDI 1325.7 that does not include the 2007 revisions to Article 120, UCMJ, (163) a trial defense counsel can quickly be overwhelmed o·ver·whelm  
tr.v. o·ver·whelmed, o·ver·whelm·ing, o·ver·whelms
1. To surge over and submerge; engulf: waves overwhelming the rocky shoreline.

2.
a.
 by the magnitude of sex offender registration requirements. With careful application of the principles in this article, a trial defense counsel can adequately advise any potential sex offender client of the registration requirements in all fifty states. Due to the harsh realities and the lasting impacts of sex offender registration, military clients deserve the best advice from their trial defense counsel, not just the bare minimum standard required by the CAAF. (164)
Appendix A
Which states require military registration? (165)
State registration categories

State                            Federal Court or   Another
                                 Federal Law        Jurisdiction

                                 Includes "United   Includes
                                 States" or         "Any Court"
                                 Federal
                                 Government"

Alabama                                 X
ALA. CODE [section][section]
13A-11-200 to -204 (2009).

Alaska                                                      X
ALASKA STAT. [section]
[section] 12.63.010-100
(2009).

Arizona                                                     X
ARIZ. REV. STAT.
ANN. [section][section]
13-3821 to -3829 (2009).

Arkansas
ARK. CODE ANN. [section]
[section] 12-12-901 to -923
(West 2009).

California
CAL. PENAL CODE
[section][section] 290-294
(West 2009).

Colorado
COLO. REV. STAT.
ANN. [section][section]
16-22-101 to -115 (West 2009).

Connecticut
CONN. GEN. STAT.
ANN. [section][section] 54-250
to -261 (West 2009).

Delaware                                X
DEL. CODE ANN. tit.
11, [section][section]
4120-4122 (2009).

District of Columbia                    X                   X
D.C. CODE [section][section]
22-4001 to -4017 (2009).

Florida                                                     X
FLA. STAT. ANN. [section]
944.607 (West 2009).

Georgia                                 X
GA. CODE ANN. [section]
[section] 41-1-12 to -15 (West
2009).

Hawaii
HAW. REV. STAT. [section]
[section] 846E-1 to -13
(2009).

Idaho
IDAHO CODE ANN.
[section][section] 18-8301 to
-8331 (2009).

Illinois
730 ILL. COMP.
STAT. ANN. 150/1-12
(West 2009).

Indiana
IND. CODE ANN. [section]
[section] 11-8-8-1 to -22
(West 2009).

Iowa
IOWA CODE ANN.                                              X
[section][section] 692A.1-16
(West 2009).

Kansas
KAN. STAT. ANN. [section]
[section] 22-4901 to -4913
(2009).

Kentucky
KY. REV. STAT.
ANN. [section][section]
17.500-580 (West 2009).

Louisiana
LA. REV. STAT.
ANN. [section][section]
15:540-552 (2009).

Maine                                                       X
ME. REV. STAT.
ANN. tit. 34-A, [section]
[section] 11,201-11,256
(2009).

Maryland
MD. CODE ANN.,
CRIM. PROC. [section][section]
11-701 to -727 (West
2009).

Massachusetts
MASS. GEN. LAWS
ANN. ch.6, [section][section]
178C-178Q (West 2009).

Michigan
MICH. COMP. LAWS
ANN. [section][section]
28.721-736 (West 2009).

Minnesota
MINN. STAT. ANN. [section]
243.166 (West 2009).

Mississippi
MISS. CODE ANN. [section]                                   X
[section] 45-33-21 to -59
(West 2009).

Missouri
MO. ANN. STAT. [section]
[section] 589.400-426 (West
2009).

Montana
MONT. CODE ANN.
[section][section] 46-23-502
to -507 (2009).

Nebraska
NEB. REV. STAT. [section]
[section] 29-4001 to -4014
(2009).

Nevada
NEV. REV. STAT.
ANN. [section][section]
179D.010-850 (West 2009).

New Hampshire                           X
N.H. REV. STAT.
ANN. [section][section]
651-B:1-12 (2009).

New Jersey
N.J. STAT. ANN. [section]               X
[section] 2C:7-1 to -21 (West
2009).

New Mexico                                                  X
N.M. STAT. ANN. [section]
[section] 22-11A-1 to -10
(West 2009).

New York                                                    X
N.Y. CORRECT.
LAW [section] 168
(McKinney 2009).

North Carolina
N.C. GEN. STAT.
ANN. [section][section]
14-208.5-45 (West 2009).

North Dakota                            X
N.D. CENT. CODE [section]
12.1-32-15 (2009).

Ohio
OHIO REV. CODE
ANN. [section][section]
2950.01-99 (West 2009).

Oklahoma
OKLA. STAT. ANN.
tit. 57, [section][section]
581-90 (West 2009).

Oregon                                                      X
OR. REV. STAT.
ANN. [section][section]
181.592-606 (West 2009).

Pennsylvania                            X
42 PA. CONS. STAT.
ANN. [section][section]
9791-99.9 (West 2009).

Rhode Island                                                X
R.I. GEN. LAWS [section]
[section] 11-37.1-1 to -20
(2009).

South Carolina                          X
S.C. CODE ANN. [section]
[section] 23-3-400 to -550
(2009).

South Dakota
S.D. CODIFIED
LAWS [section][section]
22-24B-1 to -30 (2009).

Tennessee
TENN. CODE ANN.
[section][section] 40-39-201
to -306 (West 2009).

Texas
TEX. CODE CRIM.
PROC. ANN. art.
62.001-408 (Vernon
2009).

Utah                                                        X
UTAH CODE ANN. [section]
77-27-21.5 (West
2009).

Vermont
VT. STAT. ANN. tit.
13, [section][section] 5401-14
(2009).

Virginia                                X
VA. CODE ANN. [section]
[section] 9.1-900 to -922
(West 2009).

Washington                              X
WASH. REV. CODE
ANN. [section][section]
9A.44.130-145 (West 2009).

West Virginia
W. VA. CODE ANN.
[section][section] 15-12-1 to
-10 (West 2009).

Wisconsin
WIS. STAT. ANN. [section]
[section] 301.45 to -46 (West
2009).

Wyoming                                                     X
WYO. STAT. ANN. [section]
[section] 7-19-301 to -308
(2009).

State                            Requires           Military Offense
                                 Registration       or Military Court
                                 In Federal /
                                 Military System

                                                    Includes
                                                    "Military
                                                    Jurisdiction" or
                                                    "UCMJ"

Alabama
ALA. CODE [section][section]
13A-11-200 to -204 (2009).

Alaska
ALASKA STAT. [section]
[section] 12.63.010-100
(2009).

Arizona
ARIZ. REV. STAT.
ANN. [section][section]
13-3821 to -3829 (2009).

Arkansas                                                    X
ARK. CODE ANN. [section]
[section] 12-12-901 to -923
(West 2009).

California                                                  X
CAL. PENAL CODE
[section][section] 290-294
(West 2009).

Colorado                                                    X
COLO. REV. STAT.
ANN. [section][section]
16-22-101 to -115 (West 2009).

Connecticut                             X                   X
CONN. GEN. STAT.
ANN. [section][section] 54-250
to -261 (West 2009).

Delaware
DEL. CODE ANN. tit.
11, [section][section]
4120-4122 (2009).

District of Columbia
D.C. CODE [section][section]
22-4001 to -4017 (2009).

Florida                                                     X
FLA. STAT. ANN. [section]
944.607 (West 2009).

Georgia                                                     X
GA. CODE ANN. [section]
[section] 41-1-12 to -15 (West
2009).

Hawaii                                                      X
HAW. REV. STAT. [section]
[section] 846E-1 to -13
(2009).

Idaho                                                       X
IDAHO CODE ANN.
[section][section] 18-8301 to
-8331 (2009).

Illinois                                                    X
730 ILL. COMP.
STAT. ANN. 150/1-12
(West 2009).

Indiana                                                     X
IND. CODE ANN. [section]
[section] 11-8-8-1 to -22
(West 2009).

Iowa
IOWA CODE ANN.                                              X
[section][section] 692A.1-16
(West 2009).

Kansas                                                      X
KAN. STAT. ANN. [section]
[section] 22-4901 to -4913
(2009).

Kentucky                                                    X
KY. REV. STAT.
ANN. [section][section]
17.500-580 (West 2009).

Louisiana                                                   X
LA. REV. STAT.
ANN. [section][section]
15:540-552 (2009).

Maine                                   X
ME. REV. STAT.
ANN. tit. 34-A, [section]
[section] 11,201-11,256
(2009).

Maryland                                X                   X
MD. CODE ANN.,
CRIM. PROC. [section][section]
11-701 to -727 (West
2009).

Massachusetts                                               X
MASS. GEN. LAWS
ANN. ch.6, [section][section]
178C-178Q (West 2009).

Michigan                                                    X
MICH. COMP. LAWS
ANN. [section][section]
28.721-736 (West 2009).

Minnesota                               X
MINN. STAT. ANN. [section]
243.166 (West 2009).

Mississippi
MISS. CODE ANN. [section]                                   X
[section] 45-33-21 to -59
(West 2009).

Missouri                                X                   X
MO. ANN. STAT. [section]
[section] 589.400-426 (West
2009).

Montana                                                     X
MONT. CODE ANN.
[section][section] 46-23-502
to -507 (2009).

Nebraska                                X                   X
NEB. REV. STAT. [section]
[section] 29-4001 to -4014
(2009).

Nevada                                                      X
NEV. REV. STAT.
ANN. [section][section]
179D.010-850 (West 2009).

New Hampshire
N.H. REV. STAT.
ANN. [section][section]
651-B:1-12 (2009).

New Jersey
N.J. STAT. ANN. [section]
[section] 2C:7-1 to -21 (West
2009).

New Mexico                                                  X
N.M. STAT. ANN. [section]
[section] 22-11A-1 to -10
(West 2009).

New York                                X
N.Y. CORRECT.
LAW [section] 168
(McKinney 2009).

North Carolina                                              X
N.C. GEN. STAT.
ANN. [section][section]
14-208.5-45 (West 2009).

North Dakota
N.D. CENT. CODE [section]
12.1-32-15 (2009).

Ohio                                                        X
OHIO REV. CODE
ANN. [section][section]
2950.01-99 (West 2009).

Oklahoma                                                    X
OKLA. STAT. ANN.
tit. 57, [section][section]
581-90 (West 2009).

Oregon
OR. REV. STAT.
ANN. [section][section]
181.592-606 (West 2009).

Pennsylvania                                                X
42 PA. CONS. STAT.
ANN. [section][section]
9791-99.9 (West 2009).

Rhode Island
R.I. GEN. LAWS [section]
[section] 11-37.1-1 to -20
(2009).

South Carolina
S.C. CODE ANN. [section]
[section] 23-3-400 to -550
(2009).

South Dakota                                                X
S.D. CODIFIED
LAWS [section][section]
22-24B-1 to -30 (2009).

Tennessee                                                   X
TENN. CODE ANN.
[section][section] 40-39-201
to -306 (West 2009).

Texas                                                       X
TEX. CODE CRIM.
PROC. ANN. art.
62.001-408 (Vernon
2009).

Utah
UTAH CODE ANN. [section]
77-27-21.5 (West
2009).

Vermont                                                     X
VT. STAT. ANN. tit.
13, [section][section] 5401-14
(2009).

Virginia                                X
VA. CODE ANN. [section]
[section] 9.1-900 to -922
(West 2009).

Washington                                                  X
WASH. REV. CODE
ANN. [section][section]
9A.44.130-145 (West 2009).

West Virginia                                               X
W. VA. CODE ANN.
[section][section] 15-12-1 to
-10 (West 2009).

Wisconsin                                                   X
WIS. STAT. ANN. [section]
[section] 301.45 to -46 (West
2009).

Wyoming                                                     X
WYO. STAT. ANN. [section]
[section] 7-19-301 to -308
(2009).

Appendix B

Which UCMJ offenses require registration? (166)
State registration methodologies

State                      Comprehensive   Statutory      Partial or
                           List            List           Limited List

Alabama                                                        X
ALA. CODE [section]
[section] 13A-11-200 to
-204 (2009).

Alaska                                          X
ALASKA STAT. [section]
[section] 12.63.010-100
(2009).

Arizona                          X
ARIZ. REV. STAT.
ANN. [section][section]
13-3821 to -3829 (2009).

Arkansas                         X
ARK. CODE ANN. [section]
[section] 12-12-901 to
-923 (West 2009).

California                                      X
CAL. PENAL CODE
[section][section]
290-294 (West 2009).

Colorado                         X
COLO. REV. STAT.
ANN. [section][section]
16-22-101 to -115 (West
2009).

Connecticut                                     X
CONN. GEN. STAT.
ANN. [section][section]
54-250 to -261 (West
2009).

Delaware                                        X
DEL. CODE ANN. tit.
11, [section][section]
4120-4122 (2009).

District of Columbia             X
D.C. CODE [section]
[section] 22-4001 to
-4017 (2009).

Florida                                         X
FLA. STAT. ANN.
[section] 944.607 (West
2009).

Georgia                          X
GA. CODE ANN. [section]
[section] 41-1-12 to -15
(West 2009).

Hawaii                                          X
HAW. REV. STAT.
[section][section]
846E-1 to -13 (2009).

Idaho                            X
IDAHO CODE ANN.
[section][section]
18-8301 to -8331 (2009).

Illinois                         X
730 ILL. COMP. STAT.
ANN. 150/1-12 (West
2009).

Indiana                          X
IND. CODE ANN. [section]
[section] 11-8-8-1 to
-22 (West 2009).

Iowa                             X
IOWA CODE ANN. [section]
[section] 692A.1-16
(West 2009).

Kansas                           X
KAN. STAT. ANN.
[section][section]
22-4901 to -4913
(2009).

Kentucky                                        X
KY. REV. STAT. ANN.
[section][section]
17.500-580 (West 2009).

Louisiana                        X
LA. REV. STAT. ANN.
[section][section]
15:540-552 (2009).

Maine                                           X
ME. REV. STAT. ANN.
tit. 34-A, [section]
[section] 11,201-11,256
(2009).

Maryland                                        X
MD. CODE ANN.,
CRIM. PROC. [section]
[section] 11-701 to -727
(West 2009).

Massachusetts                    X
MASS. GEN. LAWS
ANN. ch.6, [section]
[section] 178C-178Q
(West 2009).

Michigan                                        X
MICH. COMP. LAWS
ANN. [section][section]
28.721-736 (West 2009).

Minnesota                                       X
MINN. STAT. ANN.
[section] 243.166 (West
2009).

Mississippi                      X
MISS. CODE ANN.
[section][section]
45-33-21 to -59 (West
2009).

Missouri                                        X
MO. ANN. STAT. [section]
[section] 589.400-426
(West 2009).

Montana                                         X
MONT. CODE ANN.
[section][section]
46-23-502 to -507
(2009).

Nebraska                         X
NEB. REV. STAT.
[section][section]
29-4001 to -4014
(2009).

Nevada                           X
NEV. REV. STAT.
ANN. [section][section]
179D.010-850 (West 2009).

New Hampshire                                   X
N.H. REV. STAT.
ANN. [section][section
651-B:1-12 (2009).

New Jersey                       X
N.J. STAT. ANN.
[section][section]
2C:7-1 to -21 (West
2009).

New Mexico                       X
N.M. STAT. ANN.
[section][section]
22-11A-1 to -10 (West
2009).

New York                                        X
N.Y. CORRECT. LAW
[section] 168 (McKinney
2009).

North Carolina                   X
N.C. GEN. STAT.
ANN. [section][section]
14-208.5-45 (West 2009).

North Dakota                                    X
N.D. CENT. CODE
[section] 12.1-32-15
(2009).

Ohio                                            X
OHIO REV. CODE
ANN. [section][section]
2950.01-99 (West 2009).

Oklahoma                                        X
OKLA. STAT. ANN.
tit. 57, [section]
[section] 581-90 (West
2009).

Oregon                           X
OR. REV. STAT. ANN.
[section][section]
181.592-606 (West 2009).

Pennsylvania                     X
42 PA. CONS. STAT.
ANN. [section][section]
9791-99.9 (West 2009).

Rhode Island                                    X
R.I. GEN. LAWS [section]
[section] 11-37.1-1 to
-20 (2009).

South Carolina                   X
S.C. CODE ANN. [section]
[section] 23-3-400 to
-550 (2009).

South Dakota                     X
S.D. CODIFIED LAWS
[section][section]
22-24B-1 to -30 (2009).

Tennessee                        X
TENN. CODE ANN.
[section][section]
40-39-201 to -306 (West
2009).

Texas                            X
TEX. CODE CRIM.
PROC. ANN. art.
62.001-408 (Vernon
2009).

Utah                             X
UTAH CODE ANN. [section]
77-27-21.5 (West 2009).

Vermont                          X
VT. STAT. ANN. tit.
13, [section][section]
5401-14 (2009).

Virginia                                        X
VA. CODE ANN. [section]
[section] 9.1-900 to
-922 (West 2009).

Washington                                      X
WASH. REV. CODE
ANN. [section][section]
9A.44.130-145 (West
2009).

West Virginia                                   X
W. VA. CODE ANN.
[section][section]
15-12-1 to -10 (West
2009).

Wisconsin                                       X
WIS. STAT. ANN.
[section][section]
301.45 to -46 (West
2009).

Wyoming                                         X
WYO. STAT. ANN.
[section][section]
7-19-301 to -308 (2009).

State                      Federal         "Required to
                           Statute         Register
                           References      Elsewhere"

Alabama
ALA. CODE [section]
[section] 13A-11-200 to
-204 (2009).

Alaska
ALASKA STAT. [section]
[section] 12.63.010-100
(2009).

Arizona                                         X
ARIZ. REV. STAT.
ANN. [section][section]
13-3821 to -3829 (2009).

Arkansas                         X              X
ARK. CODE ANN. [section]
[section] 12-12-901 to
-923 (West 2009).

California                                      X
CAL. PENAL CODE
[section][section]
290-294 (West 2009).

Colorado
COLO. REV. STAT.                                X
ANN. [section][section]
16-22-101 to -115 (West
2009).

Connecticut                                     X
CONN. GEN. STAT.
ANN. [section][section]
54-250 to -261 (West
2009).

Delaware
DEL. CODE ANN. tit.
11, [section][section]
4120-4122 (2009).

District of Columbia
D.C. CODE [section]
[section] 22-4001 to
-4017 (2009).

Florida
FLA. STAT. ANN.
[section] 944.607 (West
2009).

Georgia                                         X
GA. CODE ANN. [section]
[section] 41-1-12 to -15
(West 2009).

Hawaii                                          X
HAW. REV. STAT.
[section][section]
846E-1 to -13 (2009).

Idaho
IDAHO CODE ANN.
[section][section]
18-8301 to -8331 (2009).

Illinois
730 ILL. COMP. STAT.
ANN. 150/1-12 (West
2009).

Indiana                                         X
IND. CODE ANN. [section]
[section] 11-8-8-1 to
-22 (West 2009).

Iowa                                            X
IOWA CODE ANN. [section]
[section] 692A.1-16
(West 2009).

Kansas                                          X
KAN. STAT. ANN.
[section][section]
22-4901 to -4913
(2009).

Kentucky
KY. REV. STAT. ANN.
[section][section]
17.500-580 (West 2009).

Louisiana
LA. REV. STAT. ANN.
[section][section]
15:540-552 (2009).

Maine                                           X
ME. REV. STAT. ANN.
tit. 34-A, [section]
[section] 11,201-11,256
(2009).

Maryland                                     X (167)
MD. CODE ANN.,
CRIM. PROC. [section]
[section] 11-701 to -727
(West 2009).

Massachusetts
MASS. GEN. LAWS
ANN. ch.6, [section]
[section] 178C-178Q
(West 2009).

Michigan                                        X
MICH. COMP. LAWS
ANN. [section][section]
28.721-736 (West 2009).

Minnesota                                       X
MINN. STAT. ANN.
[section] 243.166 (West
2009).

Mississippi                                     X
MISS. CODE ANN.
[section][section]
45-33-21 to -59 (West
2009).

Missouri                         X              X
MO. ANN. STAT. [section]
[section] 589.400-426
(West 2009).

Montana
MONT. CODE ANN.
[section][section]
46-23-502 to -507
(2009).

Nebraska                                        X
NEB. REV. STAT.
[section][section]
29-4001 to -4014
(2009).

Nevada                           X              X
NEV. REV. STAT.
ANN. [section][section]
179D.010-850 (West 2009).

New Hampshire                                   X
N.H. REV. STAT.
ANN. [section][section
651-B:1-12 (2009).

New Jersey
N.J. STAT. ANN.
[section][section]
2C:7-1 to -21 (West
2009).

New Mexico
N.M. STAT. ANN.
[section][section]
22-11A-1 to -10 (West
2009).

New York                         X              X
N.Y. CORRECT. LAW
[section] 168 (McKinney
2009).

North Carolina                                  X
N.C. GEN. STAT.
ANN. [section][section]
14-208.5-45 (West 2009).

North Dakota
N.D. CENT. CODE
[section] 12.1-32-15
(2009).

Ohio
OHIO REV. CODE
ANN. [section][section]
2950.01-99 (West 2009).

Oklahoma
OKLA. STAT. ANN.
tit. 57, [section]
[section] 581-90 (West
2009).

Oregon                                          X
OR. REV. STAT. ANN.
[section][section]
181.592-606 (West 2009).

Pennsylvania                                    X
42 PA. CONS. STAT.
ANN. [section][section]
9791-99.9 (West 2009).

Rhode Island                     X              X
R.I. GEN. LAWS [section]
[section] 11-37.1-1 to
-20 (2009).

South Carolina                                  X
S.C. CODE ANN. [section]
[section] 23-3-400 to
-550 (2009).

South Dakota
S.D. CODIFIED LAWS
[section][section]
22-24B-1 to -30 (2009).

Tennessee
TENN. CODE ANN.
[section][section]
40-39-201 to -306 (West
2009).

Texas
TEX. CODE CRIM.
PROC. ANN. art.
62.001-408 (Vernon
2009).

Utah
UTAH CODE ANN. [section]
77-27-21.5 (West 2009).

Vermont
VT. STAT. ANN. tit.
13, [section][section]
5401-14 (2009).

Virginia                         X              X
VA. CODE ANN. [section]
[section] 9.1-900 to
-922 (West 2009).

Washington
WASH. REV. CODE
ANN. [section][section]
9A.44.130-145 (West
2009).

West Virginia                                   X
W. VA. CODE ANN.
[section][section]
15-12-1 to -10 (West
2009).

Wisconsin
WIS. STAT. ANN.
[section][section]
301.45 to -46 (West
2009).

Wyoming
WYO. STAT. ANN.
[section][section]
7-19-301 to -308 (2009).

Appendix C
Department of Defense Instruction 1325.7 List of Offenses (168)
Offenses Listed in DoDI 1325.7

UCMJ Article   Offense

120            Rape (169)
120            Carnal Knowledge (170)
125            Forcible Sodomy
125            Sodomy of a Minor
133            Conduct Unbecoming (involving any sexually violent
                 offense or a criminal offense of a sexual nature
                 against a minor or kidnapping of a minor)
134 (171)      Prostitution Involving a Minor
134            Assault with Intent to Commit Rape
134            Assault with Intent to Commit Sodomy
134            Indecent Act with a Minor (172)
134            Indecent Language to a Minor
134            Kidnapping of a Minor (by a person not parent)
134            Pornography Involving a Minor
134            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            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             Solicitation (to commit any of the foregoing)
120            (All revised Article 120 offenses) (174)
134            Conduct Service Discrediting (involving any 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             Solicitation (to commit any of the foregoing)

Appendix D
Points of Contact

State            Point of Contact

Alabama          Alabama Department of Public Safety
                 http://dps.alabama.gov/Information/Contact.aspx
                 E-mail available by following "Contact DPS" hyperlink
                 (334) 242-4371 (General Contact Number)

Alaska           Alaska Department of Public Safety
                 http://www.dps.state.ak.us/sorweb/Sorweb.aspx
                 E-mail unavailable
                 (907) 269-0396

Arizona          State of Arizona Department of Public Safety
                 http://az.gov/webapp/offender/main.do
                 E-mail available by following "Contacts" hyperlink;
                 then following "Main Contacts" hyperlink; then
                 following "Contact us via e-mail" hyperlink.
                 (602) 255-0611

Arkansas         Arkansas Crime Information Center
                 http://www.acic.org/Registration/index.htm
                 Paula Stitz, Sex Offender Registry Manager
                 (501) 682-2222

California       Office of the Attorney General, Department of Justice
                 http://www.meganslaw.ca.gov/
                 meganslaw@doj.ca.gov
                 (916) 227-4974

Colorado         Colorado Bureau of Investigation
                 http://sor.state.co.us/
                 sor@cdps.state.co.us
                 (303) 239-4222

Connecticut      Connecticut Department of Public Safety
                 http://www.ct.gov/dps/cwp/view.asp?a=2157&q=294474
                 sex.offender.registry@po.state.ct.us
                 (860) 685-8060

Delaware         Delaware State Police, State Bureau of Identification
                 http://sexoffender.dsp.delaware.gov/
                 soffender@state.de.us
                 (302) 739-5882

District of      Metropolitan Police Department
  Columbia       http://mpdc.dc.gov/mpdc/site/default.asp (follow "Sex
                 Offender Registry" hyperlink under "Services")
                 sexoffender.registry@dc.gov
                 (202) 727-4407

Florida          Florida Department of Law Enforcement
                 http://offender.fdle.state.fl.us/offender/homepage.do
                 sexpred@fdle.state.fl.us
                 (888) 357-7332 or (850) 410-8572

Georgia          Georgia Bureau of Investigation
                 http://gbi.georgia.gov/ (follow "Services" hyperlink;
                 then follow "Georgia Sex Offender Registry"
                 hyperlink)
                 Email unavailable
                 (404) 270-8465

Hawaii           Department of the Attorney General
                 http://sexoffenders.ehawaii.gov/sexoffender/
                 welcome.html hcjdc@hcjdc.hawaii.gov
                 (808) 587-3100

Idaho            Idaho State Police Criminal Identification
                 http://www.isp.state.id.us/sor_id/
                 idsor@isp.idaho.gov
                 (208) 884-7305

Illinois         Illinois State Police
                 http://www.isp.state.il.us/sor/
                 E-mail unavailable
                 (888) 414-7678 or (217) 785-0653

Indiana          Indiana Sheriffs; Indiana Department of Corrections
                 http://www.insor.org/insasoweb/
                 svor@cji.in.gov
                 Sheriffs: (800) 622-4779; Corrections: (317) 232-1232

Iowa             Iowa Department of Public Safety
                 http://www.iowasexoffender.com/
                 E-mail available by following "Contact" hyperlink
                 Phone not available. Must contact local Sheriff.

Kansas           Kansas Bureau of Investigation
                 http://www.accesskansas.org/kbi/ro.shtml
                 E-mail available by following "Contact Us" hyperlink
                 (785) 296-2841

Kentucky         Kentucky State Police
                 http://kspsor.state.ky.us/
                 E-mail unavailable
                 (866) 564-5652

Louisiana        Louisiana State Police
                 http://www.lsp.org/socpr/default.html
                 SOCPR@dps.state.la.us
                 (800) 858-0551

Maine            Maine State Police Department of Public Safety
                 http://sor.informe.org/sor/
                 maine_SOR.help@maine.gov
                 (207) 624-7270

Maryland         Maryland Department of Public Safety & Correctional
                 Services
                 http://www.dpscs.state.md.us/onlineservs/socem/
                 default.shtml
                 E-mail unavailable
                 (410) 585-3600

Massachusetts    Executive Office of Public Safety and Security
                 http://mass.gov/sorb/
                 eopsinfo@state.ma.us
                 (978) 740-6400

Michigan         Michigan State Police
                 http://www.mipsor.state.mi.us/
                 E-mail available by following "Contact MSP" hyperlink
                 (517) 332-2521

Minnesota        Minnesota Department of Corrections
                 http://www.doc.state.mn.us/level3/search.asp
                 level3@co.doc.state.mn.us
                 (866) 396-9953

Mississippi      Mississippi Department of Public Safety
                 http://www.sor.mdps.state.ms.us/sorpublic/
                 hpsor_search.aspx msor@mdps.state.ms.us
                 (601) 987-1540

Missouri         Missouri State Highway Patrol
                 http://www.mshp.dps.missouri.gov/MSHPWeb/
                 PatrolDivisions/CRID/SOR/SORPage.html
                 mosor@mshp.dps.mo.gov
                 (888) 767-6747

Montana          Montana Department of Justice
                 http://www.doj.mt.gov/svor/
                 dojsvor@mt.gov
                 (406) 444-2497 or (406) 444-9479

Nebraska         Nebraska State Patrol
                 http://www.nsp.state.ne.us/SOR/
                 sor@nsp.state.ne.us
                 (402) 471-8647

Nevada           Nevada Department of Public Safety
                 http://www.nvsexoffenders.gov/
                 sorhelp@dps.state.nv.us
                 (775) 684-6262

New Hampshire    New Hampshire Division of State Police
                 http://www.egov.nh.gov/nsor/
                 E-mail unavailable
                 (603) 271-6344

New Jersey       New Jersey State Police
                 http://www.nj.gov/njsp/info/reg_sexoffend.html
                 E-mail available at: http://www.nj.gov/lps/
                 formmail.htm
                 (609) 882-2000 (General Contact Number)

New Mexico       New Mexico Department of Public Safety
                 http://www.nmsexoffender.dps.state.nm.us/
                 dps.sorna@state.nm.us
                 (505) 827-9297

New York         New York Division of Criminal Justice Services
                 http://criminaljustice.state.ny.us/nsor/
                 infodcjs@dcjs.state.ny.us
                 (518) 457-3167

North Carolina   North Carolina State Bureau of Investigation
                 http://ncfindoffender.com/
                 E-mail available at: http://ncfindoffender.com/
                 contact.aspx
                 Phone not available. Must contact local Sheriff.

North Dakota     North Dakota Office of Attorney General
                 http://www.sexoffender.nd.gov/
                 ndag@nd.gov
                 (701) 328-2210

Ohio             Ohio Attorney General
                 http://www.esorn.ag.state.oh.us/Secured/p1.aspx
                 E-mail available at: http://www.ag4ohio.gov/Public/
                 details.aspx?s=215
                 (877) 244-6446 (General Contact Number)

Oklahoma         Oklahoma Department of Corrections
                 http://docapp8.doc.state.ok.us/pls/sors
                 osor@doc.state.ok.us
                 Phone not available. Must contact local Sheriff.

Oregon           Oregon State Police
                 http://www.oregon.gov/OSP/SOR/faqs.shtml
                 sexoffender.questions@state.or.us
                 (503) 378-3725 ext. 44429

Pennsylvania     Pennsylvania State Police
                 http://www.pameganslaw.state.pa.us/
                 E-mail unavailable
                 (866) 771-3170

Rhode Island     Rhode Island Sex Offender Community Notification Unit
                 http://www.paroleboard.ri.gov/sexoffender/agree.php
                 E-mail unavailable
                 (401) 462-0905

South Carolina   South Carolina Law Enforcement Division
                 http://services.sled.sc.gov/sor/
                 E-mail unavailable
                 (803) 896-1440

South Dakota     South Dakota Division of Criminal Investigation
                 http://sor.sd.gov/
                 sdsor@state.sd.us
                 (605) 773-3331 (Ask for SOR Compliance Coordinator)

Tennessee        Tennessee Bureau of Investigation
                 http://www.ticic.state.tn.us/sorinternet/
                 sosearch.aspx
                 E-mail unavailable
                 (888) 837-4170

Texas            Texas Department of Public Safety
                 https://records.txdps.state.tx.us/DPS_WEB/SorNew/
                 index.aspx AFIS_CJIS@txdps.state.tx.us
                 (512) 424-2477

Utah             Utah Department of Corrections
                 http://www.communitynotification.com/
                 cap_main.php?office=54438
                 Registry@utah.gov
                 (801) 495-7700

Vermont          Vermont Criminal Information Center
                 http://www.dps.state.vt.us/cjs/s_registry.htm
                 E-mail unavailable
                 (802) 241-5400

Virginia         Virginia State Police
                 http://sex-offender.vsp.virginia.gov/sor/
                 E-mail available by following "Comments" hyperlink
                 (804) 674-2000 (General Contact Number)

Washington       Washington Association of Sheriffs and Police Chiefs
                 http://ml.waspc.org/
                 E-mail unavailable
                 (360) 534-2000

West Virginia    West Virginia State Police
                 http://www.wvstatepolice.com/sexoff/
                 registry@wvsp.state.wv.us
                 (304) 746-2133

Wisconsin        Wisconsin Department of Corrections
                 http://offender.doc.state.wi.us/public/
                 bopadmin@doc.state.wi.us
                 (800) 398-2403 or (608) 240-5830

Wyoming          Wyoming Division of Criminal Investigation
                 http://wysors.dci.wyo.gov/
                 WySORS@dci.wyo.gov
                 Phone not available. Must contact local Sheriff.

Appendix E

                                    Sample Memorandum for Record (175)

UNITED STATES                          )
                                       )
v.                                     )
                                       ) MEMORANDUM FOR RECORD
DOE, JOHN A.                           )
PVT, U.S. Army                         )
2d Brigade Combat Team                 )
10th Mountain Division (Light Infantry )
Fort Drum, New York 13602              )(DATE)

I, PVT John A. Doe, have discussed with my attorney, CPT Michael
Smith, the requirement that I must register as a sex offender IAW
DODI 1325.7 and AR 27-10 if my guilty plea is accepted or if I am
found guilty in court. Additionally, I will most likely be required
to register as a sex offender with the state and/or local
government where I reside regardless of whether I remain in the
Army or if I am separated. Registration as a sex offender is
accessible by the public and I understand that I may encounter
substantial prejudice from being classified as a sex offender.
[OPTIONAL: After discussing these requirements and the potential
adverse consequences of registering as a sex offender, I still
believe that pleading guilty is in my best interest, and I do so
voluntarily and without any coercion.]

(DATE)                           JOHN A. DOE
                                 PVT, USA
                                 Accused


(1) Attributed to Albert Einstein. THE EXPANDED QUOTABLE quot·a·ble  
adj.
Suitable for or worthy of quoting: a quotable slogan; a quotable pundit.



quot
 EINSTEIN 314 (Alice Calaprice ed., 2000). Einstein was describing his version of Occam's Razor. William of Ockham [sic] was a 14th Century Franciscan Friar friar [Lat. frater=brother], member of certain Roman Catholic religious orders, notably, the Dominicans, Franciscans, Carmelites, and Augustinians. Although a general form of address in the New Testament, since the 13th cent.  who propagated the theory that "plurality The opinion of an appellate court in which more justices join than in any concurring opinion.

The excess of votes cast for one candidate over those votes cast for any other candidate.

Appellate panels are made up of three or more justices.
 should not be posited without necessity." Sugihara Hiroshi, What is Occam's Razor?, 1997, http://math.ucr.edu/home/baez/physics/General/occam.html (originally written by Phil Gibbs). Over time this became known as a razor because it "shaves" away any unnecessary theories to get to the root of the issue. Id. Today we would often say "all things being equal, the simple solution is the best." Id. In the author's opinion, the military version of Occam's Razor is "K.I.S.S." or "Keep It Simple Stupid." On its face, sex offender registration would appear to be a simple matter, but this primer will show that it is anything but simple.

(2) See United States v. Miller United States v. Miller, 307 U.S. 174 (1939), is the only Supreme Court of the United States decision to directly address the Second Amendment to the United States Constitution. , 63 M.J. 452 (C.A.A.F. 2006).

(3) The specific requirement was "inform an accused prior to trial as to any charged offense listed on the DoD Instr. 1325.7 Enclosure enclosure (inclosure) n. land bounded by a fence, wall, hedge, ditch or other physical evidence of boundary. Unfortunately, too often these creations are not included among the actual legally-described boundaries and cause legal problems.


ENCLOSURE.
 27: Listing of Offenses Requiring Sex Offender Processing." Id. at 459. There are eighteen listed offenses in the DoD Instruction. See U.S. DEP'T OF DEFENSE, INSTR. 1325.7, ADMINISTRATION OF MILITARY CORRECTIONAL FACILITIES AND CLEMENCY Leniency or mercy. A power given to a public official, such as a governor or the president, to in some way lower or moderate the harshness of punishment imposed upon a prisoner.

Clemency is considered to be an act of grace.
 AND PAROLE parole (pərōl`), in criminal law, release from prison of a convict before the expiration of his term on condition that his activities be restricted and that he report regularly to an officer.  AUTHORITY encl. 27 (17 July 2001) (C1, 10 June 2003) [hereinafter DoDI 1325.7].

(4) Miller, 63 M.J. at 459.

(5) There is no federal sex offender registry, but the federal government does maintain a comprehensive sex offender registration website that incorporates all of the state registries. See Dru Sjodin Dru Kathrina Sjodin (September 26, 1981 - c. November 22, 2003), a student of the University of North Dakota (UND), was a victim of kidnapping, rape, and murder.[1]  National Sex Offender Public Website, http://www.nsopw.gov (last visited July 6, 2009). There is a federal criminal statute that punishes failing to register as a sex offender, and it specifically mentions convictions under the Uniform Code of Military Justice. 18 U.S.C. [section] 2250 (2006).

(6) Miller, 63 M.J. at 459 (referring to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program, 42 U.S.C. [section] 14071).

(7) A collateral consequence Collateral consequences are the effects of a given action or inaction that are unintended, unknown, or at least not explicit. A collateral consequence may simply be one that is beyond the scope of consideration.  is "[a] penalty for committing a crime, in addition to the penalties included in the criminal sentence." BLACK'S LAW DICTIONARY A law dictionary is a dictionary that is designed and compiled to give information about terms used in the field of law.

A distinction is made between different types of law dictionaries. A monolingual law dictionary covers one language, a bilingual covers two.
 278 (8th ed. 2004).

(8) See SCOTT MATSON & ROXANNE LIEB, WASHINGTON STATE INSTITUTE FOR PUBLIC POLICY, SEX OFFENDER REGISTRATION: A REVIEW OF STATE LAWS 5 (1996), available at http://www.wsipp.wa.gov/pub.asp?docid=96-07-1101.

(9) See California Megan's Law--California Department of Justice--Office of the Attorney General, http://www.meganslaw.ca.gov/ homepage.aspx?lang= ENGLISH (last visited July 6, 2009).

(10) Id.

(11) Id.

(12) See infra [Latin, Below, under, beneath, underneath.] A term employed in legal writing to indicate that the matter designated will appear beneath or in the pages following the reference.


infra prep.
 Part II.B.

(13) There are dozens of articles on the internet that give an in-depth look into Megan Kanka's story. Previous New Jersey sex offender registration laws did not require community notification when a predator predator

an animal that derives its life support by predation.
 moved into the area. See, e.g., Seamus McGraw, Megan Kanka, TRUTV, http://www.trutv.com/library/crime/serial_killers/predators/kanka/1.html (last visited July 6, 2009). The federal statute is actually named for another eleven year old child, Jacob Wetterling, who went missing in 1989 in Minnesota and remains missing today. See Snatched by a Stranger photo gallery, http://www.trutv.com/library/crime/photogallery/missing-kids.html?curPhoto=9 (last visited July 6, 2009). However, the statute is also called the federal "Megan's Law." See Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program, 42 U.S.C. [section] 14,071 (2006).

(14) See supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process.  note 5 (discussing the lack of a federal registration system).

(15) 42 U.S.C. [section] 14071. Through this act, any state that fails to implement a sex offender registration program will lose ten percent of the funds they would have received under the Bureau of Justice Assistance Noun 1. Bureau of Justice Assistance - the bureau in the Department of Justice that assists local criminal justice systems to reduce or prevent crime and violence and drug abuse
BJA
 Grant Program, 42 U.S.C. [section] 3756 (2000) (note that this statute has been revised numerous times, with the current version enacted in 1996). See 42 U.S.C. [section] 14,071(g)(2).

(16) Criminal offenses against a victim who is a minor include: kidnapping, except by a parent; false imprisonment false imprisonment, complete restraint upon a person's liberty of movement without legal justification. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages. , except by a parent; criminal sexual conduct Criminal Sexual Conduct refers to criminal activities with a sexual component. This more modern catchall term encompasses rape, sexual battery, molestation, and so on. In some states, criminal sexual conduct is charged by degree, e.g., first degree, second degree.  toward a minor; solicitation solicitation

In criminal law, the act of asking, inducing, or directing someone to commit a crime. The person soliciting another becomes an accomplice to the crime. The term also refers to the act of obtaining bribes, as well as to the crime of a prostitute who offers sexual
 of a minor to engage in sexual conduct; use of a minor to engage in sexual conduct; use of a minor in a sexual performance; solicitation of a minor to practice prostitution prostitution, act of granting sexual access for payment. Although most commonly conducted by females for males, it may be performed by females or males for either females or males. ; any conduct that by its nature is a sexual offense against a minor; production or distribution of child pornography; and attempts to commit these offenses if the state criminalizes such attempts. See id. [section] 14,071(a)(3)(A).

(17) A sexually violent offense "means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the range of offenses encompassed by aggravated sexual abuse or sexual abuse." Id. [section] 14,071(a)(3)(B).

(18) See id. [section] 14,071(a)(3)(A)-(D).

(19) Id. [section] 14,071(b)(7).

(20) See infra Part III.A.

(21) 42 U.S.C.A. [section][section] 16901-16962 (West 2009). This act is also known as the Sex Offender Registration and Notification Act (SORNA). Adam Walsh was a six-year-old boy abducted from a Sears in Florida in 1981. Only his severed sev·er  
v. sev·ered, sev·er·ing, sev·ers

v.tr.
1. To set or keep apart; divide or separate.

2. To cut off (a part) from a whole.

3.
 head was later recovered in a canal 120 miles away. His father later hosted the famous TV show, America's Most Wanted Most Wanted may refer to:
  • Lists used by law enforcement agencies to alert the public, such as the FBI Ten Most Wanted Fugitives and FBI Most Wanted Terrorists
  • America's Most Wanted, a U.S.
. See Mark Gado, My Baby is Missing!, TRUTV, http://www.trutv.com/library/crime/criminal_mind/psychology /child_abduction/9.html (last visited July 6, 2009). No one was ever convicted of this crime, but the case was recently closed. Law enforcement concluded that Ottis Edward Toole, who died while incarcerated incarcerated /in·car·cer·at·ed/ (in-kahr´ser-at?ed) imprisoned; constricted; subjected to incarceration.

in·car·cer·at·ed
adj.
Confined or trapped, as a hernia.
 for another offense in 1996, killed Adam. See Donna Leinwand & Emily Bazar, Walsh's Murder Had Impact Across USA, USA TODAY, Dec. 17, 2008, available at http://www.usatoday.com/news/nation/2008-12-17-walshinside_N.htm.

(22) For example, video voyeurism Voyeurism
See also Eavesdropping.

Actaeon

turned into stag for watching Artemis bathe. [Gk. Myth.: Leach, 8]

elders of Babylon

watch Susanna bathe.
 and using the internet to facilitate criminal sexual conduct involving a minor were added to the definition. See 42 U.S.C.A. [section] 16,911(7)(F), (H).

(23) See Dru Sjodin National Sex Offender Public Website, http://www.nsopw.gov (last visited July 6, 2009). Dru Sjodin was a twenty-two year-old woman who was sexually assaulted and murdered in 2003 in North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N). . See Rachael Bell, The Murder of Dru Sjodin, TRUTV, http://www.trutv.com/library/crime/notorious_murders/ classics/dru_sjodin/1_index.html (last visited July 6, 2009).

(24) The statute states, "the term 'sex offense' means--a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. [section] 951 note)." 42 U.S.C.A. [section] 16911(5)(A)(iv). The referenced section, enacted in 1997, requires the Secretary of Defense to specify categories of conduct that are sex offenses; proscribe procedures to provide notice concerning the release from confinement of such persons convicted; inform them of registration obligations; and, track compliance with registration requirements during any period of parole, probation probation, method by which the punishment of a convicted offender is conditionally suspended. The offender must remain in the community and under the supervision of a probation officer, who is usually a court-appointed official. , or other conditional release. See Departments of Commerce, Justice, and State, the Judiciary judiciary

Branch of government in which judicial power is vested. The principal work of any judiciary is the adjudication of disputes or controversies. Regulations govern what parties are allowed before a judicial assembly, or court, what evidence will be admitted, what
, and Related Agencies Appropriations Act, 1998, Pub. L. No. 105-119, [section] 115(a)(8)(C)(i), 111 Stat. 2440, 2464 (1997). The Secretary of Defense complied by publishing DoDI 1325.7, supra note 3.

(25) 42 U.S.C.A. [section] 16,945.

(26) OFFICE OF THE ATTORNEY GENERAL, U.S. DEP'T OF JUSTICE, THE NATIONAL GUIDELINES FOR SEX OFFENDER REGISTRATION AND NOTIFICATION (2008) [hereinafter GUIDELINES]. These guidelines were required by the Adam Walsh Child Protection and Safety Act of 2006. See 42 U.S.C.A. [section] 16,912(b).

(27) GUIDELINES, supra note 26, at 47. The way the U.S. Disciplinary Barracks bar·rack 1  
tr.v. bar·racked, bar·rack·ing, bar·racks
To house (soldiers, for example) in quarters.

n.
1. A building or group of buildings used to house military personnel.
 at Fort Leavenworth Fort Leavenworth (lĕv`ənwûrth'), U.S. military post, 6,000 acres (2,430 hectares), on the Missouri River, NE Kans., NW of Leavenworth; est. 1827 by Col. Henry Leavenworth to protect travelers on the Santa Fe Trail. The oldest U.S. , Kansas handles this requirement is to follow the precise counseling and notification procedures in Army Regulation (AR) 190-47. See U.S. DEP'T OF ARMY, REG. 190-47, THE ARMY CORRECTIONS SYSTEM ch. 14 (15 June 2006).

(28) These states were: Alabama, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Kansas, Louisiana, Maine, Minnesota, Montana, Nevada, New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). , North Dakota, Ohio, Oklahoma, Oregon, Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches.
, Texas, Utah, Washington, and Wisconsin. Id. Only six enacted sex offender registration laws prior to 1980: Alabama, Arizona, California, Florida, Nevada, and Ohio. See MATSON & LIEB, supra note 8, at 13-20.

(29) See H.B. 5949, 1996 Leg., 2d Sess. (Mass. 1999).

(30) "That no ex post facto law, nor law impairing the obligation of contracts IMPAIRING THE OBLIGATION OF CONTRACTS. The Constitution of the United States, art. 1, s. 9, cl. 1, declares that no state shall "pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts."
     2.
, or retrospective in its operation, or making any irrevocable Unable to cancel or recall; that which is unalterable or irreversible.


IRREVOCABLE. That which cannot be revoked.
     2. A will may at all times be revoked by the same person who made it, he having a disposing mind; but the moment the testator is
 grant of special privileges or immunities, can be enacted." MO. CONST CONST Construction
CONST Constant
CONST Construct(ed)
CONST Constitution
CONST Under Construction
CONST Commission for Constitutional Affairs and European Governance (COR) 
. art. I, [section] 13.

(31) "No Bill of Attainder A special legislative enactment that imposes a death sentence without a judicial trial upon a particular person or class of persons suspected of committing serious offenses, such as Treason or a felony.  or ex post facto Law shall be passed." U.S. CONST. art. I, [section] 9, cl. 3.

(32) Smith v. Doe Smith v. Doe, 538 U.S. 84 (2003), was a court case in the United States which questioned the constitutionality of the Alaska Sex Offender Registration Act's retroactive requirements. , 538 U.S. 84 (2003).

(33) See generally Doe DOE - Distributed Object Environment: a distributed object-oriented application framework from SunSoft.  v. Blunt blunt (blunt) having a thick or dull edge or point; not sharp. , 225 S.W.3d 421 (Mo. 2007) (holding that retroactive sex offender registration was retrospective law prohibited pro·hib·it  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.

2.
 by state constitution).

(34) "No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws Noun 1. equal protection of the laws - a right guaranteed by the Fourteenth Amendment to the US Constitution and by the due-process clause of the Fifth Amendment , nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry an·ces·try  
n. pl. an·ces·tries
1. Ancestral descent or lineage.

2. Ancestors considered as a group.



[Middle English auncestrie, alteration (influenced by
." HAW. CONST. art. I, [section] 5.

(35) See Hawaii v. Bani, 36 P.3d 1255, 1264 (Haw. 2001).

(36) For example, VA. CODE ANN. [section] 9.1-902 (West 2009) has been amended a·mend  
v. a·mend·ed, a·mend·ing, a·mends

v.tr.
1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive.

2.
 eighteen times since 2003. See 2003 Va. Legis. Serv. 732 (West); 2004 Va. Legis. Serv. 414 (West); 2004 Va. Legis. Serv. 444 (West); 2005 Va. Legis. Serv. 586 (West); 2005 Va. Legis. Serv. 603 (West); 2005 Va. Legis. Serv. 631 (West); 2006 Va. Legis. Serv. 857 (West); 2006 Va. Legis. Serv. 875 (West); 2006 Va. Legis. Serv. 914 (West); 2006 Va. Legis. Serv. 931 (West); 2007 Va. Legis. Serv. 463 (West); 2007 Va. Legis. Serv. 718 (West); 2007 Va. Legis. Serv. 759 (West); 2007 Va. Legis. Serv. 823 (West); 2008 Va. Legis. Serv. 592 (West); 2008 Va. Legis. Serv. 747 (West); 2008 Va. Legis. Serv. 772 (West); 2008 Va. Legis. Serv. 877 (West).

(37) See ALA. CODE [section][section] 13A-11-200 to -204 (2009).

(38) See OHIO REV. CODE ANN. [section][section] 2950.01-99 (West 2009).

(39) See ALA. CODE [section] 13A-11-201.

(40) See OHIO REV. CODE ANN. [section] 2950.01.

(41) See supra note 19 and accompanying text (discussing the federal statute requirement). Although generally speaking, most of the states do require military sex offenders to register. Most of the confusion results from the wording of the state statutes.

(42) These registration schemes are the author's own for purposes of analysis for this primer. There are no formal categories of registration schemes amongst the states.

(43) See infra app. A.

(44) See ALA. CODE [section][section] 13A-11-200 to -204 (2009); D.C. CODE [section][section] 22-4001 to -4017 (2009); DEL. CODE ANN. tit. 11, [section][section] 4120-4122 (2009); GA. CODE ANN. [section][section] 42-1-12 to -15 (2009); N.D. CENT. CODE [section] 12.1-32-15 (2009); N.H. REV. STAT. ANN. [section][section] 651-B:1-12 (2009); N.J. STAT. ANN. [section][section] 2C:7-1 to -21 (West 2009); 42 PA. CONS. STAT. ANN. [section][section] 9791-99.9 (West 2009); S.C. CODE ANN. [section][section] 23-3-400 to -550 (2009); VA. CODE ANN. [section] 9.1-900 to -922 (West 2009); WASH. REV. CODE ANN. [section][section] 9A.44.130-145 (West 2009).

(45) See D.C. CODE [section][section] 22-4001 to -4017; GA. CODE ANN. [section][section] 42-1-12 to -15; 42 PA. CONS. STAT. ANN. [section][section] 9791-99.9; VA. CODE ANN. [section] 9.1-900 to -922; WASH. REV. CODE ANN. [section][section] 9A.44.130-145.

(46) See DEL. CODE ANN. tit. 11, [section] 4120(e)(1).

(47) See N.H. REV. STAT. ANN. [section] 651-B:1(b).

(48) ALA. CODE [section] 13A-11-200 (2009).

(49) DEL. CODE ANN. tit. 11, [section] 4120(e)(1).

(50) "These provisions [article I] show that Congress has the power to provide for the trial and punishment of military and naval offenses in the manner then and now practiced by civilized civ·i·lized  
adj.
1. Having a highly developed society and culture.

2. Showing evidence of moral and intellectual advancement; humane, ethical, and reasonable:
 nations." Dynes v. Hoover, 61 U.S. (20 How.) 65, 79 (1857).

(51) "The judicial Power of the United States, shall be vested vested adj. referring to having an absolute right or title, when previously the holder of the right or title only had an expectation. Examples: after 20 years of employment Larry Loyal's pension rights are now vested. (See: vest, vested remainder)  in one Supreme Court, and in such inferior courts INFERIOR COURTS. By this term are understood all courts except the supreme courts. An inferior court is a court of limited jurisdiction, and it must appear on the face of its proceedings that it has jurisdiction, or its proceedings. will be void. 3 Bouv. Inst. n. 2529.  as the Congress may from time to time ordain ORDAIN. To ordain is to make an ordinance, to enact a law.
     2. In the constitution of the United States, the preamble. declares that the people "do ordain and establish this constitution for the United States of America.
 and establish." U.S. CONST. art. III, [section] 1.

(52) 18 U.S.C. [section][section] 2-6005 (2006).

(53) UCMJ arts. 77-134 (2008).

(54) GA. CODE ANN. [section] 42-1-12(e)(5) (2009).

(55) ALASKA STAT. [section][section] 12.63.010-100 (2009); ARIZ ARIZ Arizona (old style) . REV. STAT. ANN. [section][section] 13-3821 to -3829 (2009); D.C. CODE [section][section] 22-4001 to -4017 (2009); FLA. STAT. ANN. [section] 944.607 (West 2009); IOWA CODE ANN. [section][section] 692A.1-16 (West 2009); ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256 (2009); MISS. CODE ANN. [section][section] 45-3321 to -59 (West 2009); N.M. STAT. ANN. [section][section] 22-11A-1 to -10 (West 2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); OR. REV. STAT. ANN. [section][section] 181.592- 606 (West 2009); R.I. GEN. LAWS [section][section] 11-37.1-1 to -20 (2009); UTAH CODE ANN. [section] 77-27-21.5 (West 2009); WYO WYO Wyoming (old style)
WYO Write Your Own
. STAT. ANN. [section][section] 7-19-301 to -308 (2009).

(56) D.C. CODE [section][section] 22-4001 to -4017; FLA. STAT. ANN. [section] 944.607; IOWA CODE ANN. [section][section] 692A.1-16; ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256; MISS. CODE ANN. [section][section] 45-33-21 to -59; N.M. STAT. ANN. [section][section] 22-11A-1 to -10; N.Y. CORRECT. LAW [section] 168; WYO. STAT. ANN. [section][section] 7-19-301 to -308.

(57) N.M. STAT. ANN. [section] 22-11A-3(A).

(58) ALASKA STAT. [section] 12.63.100(5).

(59) IOWA CODE ANN. [section] 692A.1(3).

(60) ALASKA STAT. [section][section] 12.63.010-100.

(61) Id.

(62) This is the plain meaning of the statute and the one likely to control. Out of an abundance Abundance
See also Fertility.

Amalthea’s

horn horn of Zeus’s nurse-goat which became a cornucopia. [Gk. Myth.: Walsh Classical, 19]

cornucopia

conical receptacle which symbolizes abundance. [Rom. Myth.
 of caution, a defense counsel should probably use this definition when advising their client.

(63) At least as of 14 July 2009. Research on file with the author.

(64) IOWA CODE ANN. [section] 692A.2(1).

(65) CONN CONN Connecticut (old style)
CONN Connection
CONN Connector
CONN Connotation
. GEN. STAT. ANN. [section][section] 54-250 to -261 (West 2009); ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256 (2009); MD. CODE ANN., CRIM CRIM Criminal
CRIM Computer Research Institute of Montreal
CRIM Centro de Recaudación de Ingresos Municipales (Municipal Internal Revenue Center, San Juan)
CRIM Centre de Recherche en Ingénierie Multilingue
. PROC (language) PROC - The job control language used in the Pick operating system.

["Exploring the Pick Operating System", J.E. Sisk et al, Hayden 1986].
. [section][section] 11701 to -727 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); NEB. REV. STAT. [section][section] 29-4001 to -4014 (2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009). The reader may ask why the author even included this section. The primary reason for including this section is that this language appears frequently in the statutes. Seven states is a sizeable minority. Even though this section is not technically required since all seven states use one of the other schemes, the author wanted to ensure that the reader did not get misled mis·led  
v.
Past tense and past participle of mislead.
 by this language.

(66) VA. CODE ANN. [section] 9.1-902(A)(6).

(67) ME. REV. STAT. ANN. tit. 34-A, [section] 11202(2)(A).

(68) See supra note 5.

(69) Although some states interpret this portion of their statute to require registration for those offenses included in DoDI 1325.7. DoDI 1325.7, supra note 3. The primary reason for this interpretation is that the military does require registration processing for those offenses. See infra note 77 for further information.

(70) CONN. GEN. STAT. ANN. [section][section] 54-250 to -261 (West 2009); MD. CODE ANN., CRIM. PROC. [section][section] 11-701 to -727 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); and, NEB. REV. STAT. [section][section] 29-4001 to -4014 (2009).

(71) For further discussion see infra Part III.A.4.

(72) ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256 (2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); see supra Part III.A.2. As of 14 July 2009, no Maine court has applied their sex offender registration law to the military (research on file with the author). New York courts have applied their sex offender registration laws to the military. Those cases will be discussed further in Part III.C.

(73) VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009).

(74) Id. [section] 9.1-902(F).

(75) However, even as part of the U.S. government, the law does not gain clarity. As discussed previously, courts-martial are different than a U.S. federal district court. See supra Part III.A.1.

(76)
   Any entity which has been created directly by the State, so as to
   constitute a department or administrative arm of the government, or
   administered by individuals who are controlled by public officials
   and responsible to such officials or to the general electorate,
   shall be deemed to be a "State or political subdivision
   thereof...."


Coverage of Employees under the Williams-Steiger OSHA 1970, 29 C.F.R. [section] 1975.5(b) (2009). While this is not directly on point, this definition is probably what Virginia meant. Using these definitions, the military is a department of the federal government Noun 1. department of the federal government - a department of the federal government of the United States
federal department, federal office

government department - a department of government
 administered by public officials. Therefore it is a political subdivision of the United States.

(77) As of 14 July 2009. Research on file with the author. However, Virginia does register military sex offenders. They apply a "substantially similar" analysis to the offenses a military accused was charged with, and they consider a military court-martial to be a part of the U.S. court system. Interview with Thomas Lambert Lambert may refer to
  • Lambert of Maastricht, bishop, saint, and martyr
  • Lambert Mieszkowic, son of Mieszko I of Poland
  • Lambert McKenna, Irish scholar, Editor and Lexicographer.
, Legal Specialist, Office of the Va. State Police in Richmond, Va. (Mar. 10, 2009). All but one of the Virginia circuit courts to analyze military sex offenders has upheld the registration requirement. Id. The one that did not was because the record of trial showed the offense as consensual CONSENSUAL, civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent.
     2.
 sodomy sodomy

Noncoital carnal copulation. Sodomy is a crime in some jurisdictions. Some sodomy laws, particularly in Middle Eastern countries and those jurisdictions observing Shari'ah law, provide penalties as severe as life imprisonment for homosexual intercourse, even if the
. Id. Virginia also interprets their statute to require registration when the offense is listed in DoDI 1325.7. Id.; DoDI 1325.7, supra note 3.

(78) ARK ark, in the Bible.

1 Boat of Noah, which he built at God's command to preserve his family and certain creatures from the Deluge.

2 Ark of the Covenant, the sacred wooden chest of the Hebrews, representative of God or identified with Him.
. CODE ANN. [section][section] 12-12-901 to -923 (West 2009); CAL. PENAL CODE [section][section] 290-294 (West 2009); COLO Colo Colorado (old style state abbreviation)
COLO Columbus, Ohio
COLO Co-Location
COLO Colonial National Historic Park (US National Park Service)
COLO Cost Of Living Option
. REV. STAT. ANN. [section][section] 16-22-101 to -115 (West 2009); CONN. GEN. STAT. ANN. [section][section] 54-250 to -261 (West 2009); FLA. STAT. ANN. [section] 944.607 (West 2009); GA. CODE ANN. [section][section] 41-1-12 to -15 (West 2009); HAW. REV. STAT. [section][section] 846E-1 to -13 (2009); IDAHO CODE ANN. [section][section] 18-8301 to -8331 (2009); 730 ILL. COMP. STAT. ANN. 150/1-12 (West 2009); IND. CODE ANN. [section][section] 11-8-8-1 to -22 (West 2009); IOWA CODE ANN. [section][section] 692A.1-16 (West 2009); KAN. STAT. ANN. [section][section] 22-4901 to -4913 (2009); KY. REV. STAT. ANN. [section][section] 17.500-580 (West 2009); LA. REV. STAT. ANN. [section][section] 15:540-552 (2009); MD. CODE ANN., CRIM. PROC. [section][section] 11-701 to -727 (West 2009); MASS. GEN. LAWS ANN. ch. 6, [section][section] 178C-178Q (West 2009); MICH v. i. 1. To lie hid; to skulk; to act, or carry one's self, sneakingly. . COMP. LAWS ANN. [section][section] 28.721-736 (West 2009); MINN MINN Minnesota (old style) . STAT. ANN. [section] 243.166 (West 2009); MISS. CODE ANN. [section][section] 45-33-21 to -59 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); MONT. CODE ANN. [section][section] 46-23-502 to -507 (2009); NEB. REV. STAT. [section][section] 29-4001 to -4014 (2009); N.M. STAT. ANN. [section][section] 22-11A-1 to -10 (West 2009); NEV NEV Nevada (old style US postal abbreviation)
NEV Neighborhood Electric Vehicle
NEV Nevis, Leeward Islands, Saint Kitts And Nevis (Airport Code)
NEV Network Enhancement Vehicle
NEV Network Event Viewer
. REV. STAT. ANN. [section][section] 179D.010-850 (West 2009); N.C. GEN. STAT. ANN. [section][section] 14-208.5-45 (West 2009); OHIO REV. CODE ANN. [section][section] 2950.01-99 (West 2009); OKLA OKLA Oklahoma (old style) . STAT. ANN. tit. 57, [section][section] 581-90 (West 2009); 42 PA. CONS. STAT. ANN. [section][section] 9791-99.9 (West 2009); S.D. CODIFIED cod·i·fy  
tr.v. cod·i·fied, cod·i·fy·ing, cod·i·fies
1. To reduce to a code: codify laws.

2. To arrange or systematize.
 LAWS [section][section] 22-24B-1 to -30 (2009); TENN TENN Tennessee (old style)
TENN Tetranitroapthalene (Explosive) 
. CODE ANN. [section][section] 40-39-201 to -306 (West 2009); TEX (tai epsion chi) A typesetting language developed by Stanford professor Donald Knuth that is noted for its ability to describe elaborate scientific formulas. Pronounced "tek" or the guttural "tekhhh" (the X is the Greek chi, not the English X), TeX is widely used for mathematical book . CODE CRIM. PROC. ANN. art. 62.001-408 (Vernon 2009); VT. STAT. ANN. tit. 13, [section][section] 5401-14 (2009); WASH. REV. CODE ANN. [section][section] 9A.44.130-145 (West 2009); WIS. STAT. ANN. [section][section] 301.45 to -46 (West 2009); W. VA. CODE ANN. [section][section] 15-12-1 to -10 (West 2009); WYO. STAT. ANN. [section][section] 7-19-301 to -308 (2009).

(79) CONN. GEN. STAT. ANN. [section][section] 54-250 to -261; FLA. STAT. ANN. [section] 944.607; GA. CODE ANN. [section][section] 41-1-12 to -15; IOWA CODE ANN. [section][section] 692A.1-16; MD. CODE ANN., CRIM. PROC. [section][section] 11-701 to -727; MISS. CODE ANN. [section][section] 45-33-21 to -59; MO. ANN. STAT. [section][section] 589.400-426; NEB. REV. STAT. [section][section] 29-4001 to -4014; N.M. STAT. ANN. [section][section] 22-11A-1 to -10; 42 PA. CONS. STAT. ANN. [section][section] 9791-99.9; WASH. REV. CODE ANN. [section][section] 9A.44.130-145; WYO. STAT. ANN. [section][section] 7-19-301 to 308.

(80) TEX. CODE CRIM. PROC. ANN. art. 62.001(5)(H).

(81) KY. REV. STAT. ANN. [section] 17.500(8).

(82) COLO. REV. STAT. ANN. [section] 16-22-103(1)(b).

(83 ) FLA. STAT. ANN. [section] 944.607(1)(b).

(84) IDAHO CODE ANN. [section] 18-8303(8).

(85) For example, Massachusetts uses the language "or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority." MASS. GEN. LAWS ANN. ch. 6, [section] 178C (West 2009). The practitioner still must analyze whether or not the military offense matches the state registration offenses, but this language makes application to the military clearer.

(86) Those fifteen states are: Alabama, Alaska, Arizona, Delaware, District of Columbia, Maine, New Hampshire, New Jersey, New York, North Dakota, Oregon, Rhode Island, South Carolina, Utah, and Virginia. See ALA. CODE [section][section] 13A-11-200 to -204 (2009); ALASKA STAT. [section][section] 12.63.010-100 (2009); ARIZ. REV. STAT. ANN. [section][section] 13-3821 to -3829 (2009); DEL. CODE ANN. tit. 11, [section][section] 4120-4122 (2009); D.C. CODE [section][section] 22-4001 to -4017 (2009); ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256 (2009); N.H. REV. STAT. ANN. [section][section] 651-B:1-12 (2009); N.J. STAT. ANN. [section][section] 2C:7-1 to -21 (West 2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); N.D. CENT. CODE [section] 12.1-32-15 (2009); OR. REV. STAT. ANN. [section][section] 181.592-606 (West 2009); R.I. GEN. LAWS [section][section] 11-37.1-1 to 20 (2009); S.C. CODE ANN. [section][section] 23-3-400 to -550 (2009); UTAH CODE ANN. [section] 77-27-21.5 (West 2009); VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009).

(87) As before, these methodologies are the author's own creation. There are no formal categories of offense lists amongst the states.

(88) Arkansas, Missouri, Nevada, New York, Rhode Island, and Virginia each use three methods. See ARK. CODE ANN. [section][section] 12-12-901 to -923 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); NEV. REV. STAT. ANN. [section][section] 179D.010-850 (West 2009); N.Y. CORRECT. LAW [section] 168; R.I. GEN. LAWS [section][section] 1137.1-1 to -20; VA. CODE ANN. [section][section] 9.1-900 to -922.

(89) See infra app. B.

(90) ARIZ. REV. STAT. ANN. [section][section] 13-3821 to -3829; ARK. CODE ANN. [section][section] 12-12-901 to -923; COLO. REV. STAT. ANN. [section][section] 16-22-101 to -115 (West 2009); D.C. CODE [section][section] 22-4001 to -4017; GA. CODE ANN. [section][section] 41-1-12 to -15 (West 2009); IDAHO CODE ANN. [section][section] 18-8301 to -8331 (2009); 730 ILL. COMP. STAT. ANN. [section] 150/1-12 (West 2009); IND. CODE ANN. [section][section] 11-8-8-1 to -22 (West 2009); IOWA CODE ANN. [section][section] 692A.1-16 (West 2009); KAN. STAT. ANN. [section][section] 22-4901 to 4913 (2009); LA. REV. STAT. ANN. [section][section] 15:540-552 (2009); MASS. GEN. LAWS ANN. ch.6, [section][section] 178C-178Q (West 2009); MISS. CODE ANN. [section][section] 45-33-21 to -59 (West 2009); NEB. REV. STAT. [section][section] 29-4001 to -4014 (2009); NEV. REV. STAT. ANN. [section][section] 179D.010-850; N.J. STAT. ANN. [section][section] 2C:7-1 to -21; N.M. STAT. ANN. [section][section] 22-11A-1 to -10 (West 2009); N.C. GEN. STAT. ANN. [section][section] 14-208.5-45 (West 2009); OR. REV. STAT. ANN. [section][section] 181.592-606; 42 PA. CONS. STAT. ANN. [section][section] 9791-99.9 (West 2009); S.C. CODE ANN. [section][section] 23-3-400 to -550; S.D. CODIFIED LAWS [section][section] 22-24B-1 to -30 (2009); TENN. CODE ANN. [section][section] 40-39-201 to -306 (West 2009); TEX. CODE CRIM. PROC. ANN. art. 62.001-408 (Vernon 2009); UTAH CODE ANN. [section] 77-27-21.5; VT. STAT. ANN. tit. 13, [section][section] 5401-14 (2009).

(91) COLO. REV. STAT. ANN. [section] 16-22-102(9)(u).

(92) See infra Part III.D for further analysis.

(93) See DoDI 1325.7, supra note 3, enclosure 27.

(94) Of course the careful practitioner should still apply the analysis from Part III.A, infra, to determine if the state properly recognizes military convictions.

(95) See infra app. C for a list of the offenses included in the instruction. See infra note 134 for the proposed revisions to the instruction that include the new Article 120 offenses.

(96) ALASKA STAT. [section][section] 12.63.010-100 (2009); CAL. PENAL CODE [section][section] 290-294 (West 2009); CONN. GEN. STAT. ANN. [section][section] 54-250 to -261 (West 2009); DEL. CODE ANN. tit. 11, [section][section] 4120-4122 (2009); FLA. STAT. ANN. [section] 944.607 (West 2009); HAW. REV. STAT. [section][section] 846E-1 to -13 (2009); KY. REV. STAT. ANN. [section][section] 17.500-580 (West 2009); ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256 (2009); MD. CODE ANN., CRIM. PROC. [section][section] 11-701 to -727 (West 2009); MICH. COMP. LAWS ANN. [section][section] 28.721-736 (West 2009); MINN. STAT. ANN. [section] 243.166 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); MONT. CODE ANN. [section][section] 46-23-502 to -507 (2009); N.H. REV. STAT. ANN. [section][section] 651-B:1-12 (2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); N.D. CENT. CODE [section] 12.132-15 (2009); OHIO REV. CODE ANN. [section][section] 2950.01-99 (West 2009); OKLA. STAT. ANN. tit. 57, [section][section] 581-90 (West 2009); R.I. GEN. LAWS [section][section] 11-37.1-1 to -20 (2009); VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009); WASH. REV. CODE ANN. [section][section] 9A.44.130-145 (West 2009); W. VA. CODE ANN. [section][section] 15-12-1 to -10 (West 2009); WIS. STAT. ANN. [section][section] 301.45 to -46 (West 2009); WYO. STAT. ANN. [section][section] 7-19-301 to -308 (2009).

(97) FLA. STAT. ANN. [section] 944.607(1)(a)(1).

(98) Generally speaking, the sixteen offenses are (1) kidnapping of a child under 13; (2) false imprisonment of a child under 13; (3) luring or enticing a child; (4) sexual battery; (5) sexual activity with minors; (6) prostitution of a minor; (7) sex trafficking of minors; (8) lewd acts with a minor; (9) lewd acts with the elderly; (10) sexual performance by a child; (11) giving obscene materials to minors; (12) child pornography possession; (13) distribution of child pornography; (14) distribution of child pornography to minors; (15) selling a minor; and, (16) teacher/student sexual acts. See FLA. STAT. ANN. [section][section] 787.01, 787.02, 787.025(2)(c), 794.011, 794.05, 796.03, 796.035, 800.04, 825.1025, 827.071, 847.0133, 847.0135, 847.0137, 847.0138, 847.0145, 985.701.

(99) See supra Part III.B.1.

(100) See infra Part III.D for further analysis.

(101) ALA. CODE [section][section] 13A-11-200 to -204 (2009).

(102) Id. [section] 13A-11-200(b).

(103) Alabama almost certainly requires military sex offenders to register for at least some offenses. A former member of the Air Force was recently convicted and sentenced to six years confinement for failing to register after having been released from military confinement for indecent assault. See News Release, Alabama Attorney General, AG King Announces Conviction of Sex Offender (Feb. 19, 2009), available at http://www.ago.state.al.us/ news_template (1) A pre-designed document or data file formatted for common purposes such as a fax, invoice or business letter. If the document contains an automated process, such as a word processing macro or spreadsheet formula, then the programming is already written and embedded in the .cfm?Item=1251.

(104) Alabama defines this misdemeanor crime as "[b]eing a male, he engages in sexual intercourse sexual intercourse
 or coitus or copulation

Act in which the male reproductive organ enters the female reproductive tract (see reproductive system).
 with a female without her consent, under circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact.
     2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or
 other than those covered by [rape statutes]; or with her consent where consent was obtained by the use of any fraud or artiface." ALA. CODE [section] 13A-665(a)(1). The military now has a similar crime in the revised Article 120 called wrongful wrongful Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.

Wrongful

Wrongful death An event that is usually regarded as negligent. See Negligence.
 sexual contact. See UCMJ art. 120(m) (2008).

(105) See, e.g., GA. CODE ANN. [section][section] 41-1-12 to -15 (West 2009) (showing that Georgia does not list misdemeanor sex crimes in its statutes).

(106) Obscenity is a listed offense, but the offense of obscenity is a class C misdemeanor for displaying an obscene sign or bumper sticker bumper sticker
n.
A sticker bearing a printed message for display on a vehicle's bumper.

bumper sticker nAufkleber m 
. See ALA. CODE [section] 13A-12-131. Strangely enough, Alabama might require sex offender registration for displaying an obscene bumper sticker, but not for child pornography!

(107) Under the revised Article 120, abusive Tending to deceive; practicing abuse; prone to ill-treat by coarse, insulting words or harmful acts. Using ill treatment; injurious, improper, hurtful, offensive, reproachful.  sexual contact is a very specific set of crimes, none of which include child pornography. See UCMJ art. 120(h), (i). The meaning of sexual abuse in the Alabama statute is probably similar to that of Article 120.

(108) ARK. CODE ANN. [section][section] 12-12-901 to -923 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); NEV. REV. STAT. ANN. [section][section] 179D.010-850 (West 2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); R.I. GEN. LAWS [section][section] 11-37.1-1 to -20 (2009); VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009).

(109) In fact, all six use three methodologies: Arkansas applies the comprehensive list and the required to register elsewhere; Missouri applies the statutory list and the required to register elsewhere; Nevada applies the comprehensive list and the required to register elsewhere; New York applies the statutory list and the required to register elsewhere; Rhode Island applies the comprehensive list and the required to register elsewhere; and, Virginia applies the statutory list and the required to register elsewhere. See generally ARK. CODE ANN. [section][section] 12-12-901 to -923; MO. ANN. STAT. [section][section] 589.400-426 (West 2009); NEV. REV. STAT. ANN. [section][section] 179D.010-850 (West 2009); N.Y. CORRECT. LAW [section] 168 (McKinney 2009); R.I. GEN. LAWS [section][section] 11-37.1-1 to -20 (2009); VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009) (showing that these states apply multiple methodologies in their statutes).

(110) "'Aggravated sex offense' means an offense in the Arkansas Code substantially equivalent to 'aggravated sexual abuse' as defined in 18 U.S.C. [section] 2241 as it existed on March 1, 2003...." ARK. CODE ANN. [section][section] 12-12-903(3).

(111) "'Sex offense' means ... a conviction of ... any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425...." N.Y. CORRECT. LAW [section] 168-a(2)(d).

(112) Compare UCMJ art. 120, with 18 U.S.C. [section] 2241 (2006).

(113) See 18 U.S.C. [section] 2252A.

(114) This term is the author's own for this registration methodology borrowed from any number of states using this system. For example, Colorado uses the language, "would be required to register if he or she resided in the state or jurisdiction of conviction." COLO. REV. STAT. ANN. [section] 16-22-103(3) (West 2009).

(115) ARIZ. REV. STAT. ANN. [section][section] 13-3821 to -3829 (2009); ARK. CODE ANN. [section][section] 12-12-901 to -923; CAL. PENAL CODE [section][section] 290-294 (West 2009); COLO. REV. STAT. ANN. [section][section] 16-22-101 to -115 (West 2009); CONN. GEN. STAT. ANN. [section][section] 54-250 to -261 (West 2009); GA. CODE ANN. [section][section] 41-1-12 to -15 (West 2009); HAW. REV. STAT. [section][section] 846E-1 to -13 (2009); IND. CODE ANN. [section][section] 11-8-8-1 to -22 (West 2009); IOWA CODE ANN. [section][section] 692A.1-16 (West 2009); KAN. STAT. ANN. [section][section] 22-4901 to -4913 (2009); ME. REV. STAT. ANN. tit. 34-A, [section][section] 11,201-11,256 (2009); MD. CODE ANN., CRIM. PROC. [section][section] 11-701 to -727 (West 2009); MICH. COMP. LAWS ANN. [section][section] 28.721-736 (West 2009); MINN. STAT. ANN. [section] 243.166 (West 2009); MISS. CODE ANN. [section][section] 45-33-21 to -59 (West 2009); MO. ANN. STAT. [section][section] 589.400-426 (West 2009); NEB. REV. STAT. [section][section] 29-4001 to -4014 (2009); NEV. REV. STAT. ANN. [section][section] 179D.010-850 (West 2009); N.H. REV. STAT. ANN. [section][section] 651-B:1-12 (2009); N.Y. CORRECT. LAW [section] 168; N.C. GEN. STAT. ANN. [section][section] 14-208.5-45 (West 2009); OR. REV. STAT. ANN. [section][section] 181.592-606 (West 2009); 42 PA. CONS. STAT. ANN. [section][section] 9791-99.9 (West 2009); R.I. GEN. LAWS [section][section] 11-37.1-1 to -20 (2009); S.C. CODE ANN. [section][section] 23-3-400 to -550 (2009); VA. CODE ANN. [section][section] 9.1-900 to -922 (West 2009); W. VA. CODE ANN. [section][section] 15-12-1 to -10 (West 2009).

(116) S.C. CODE ANN. [section] 23-3-430(A).

(117) HAW. REV. STAT. [section] 846E-2(b) (2009). To make matters even more complicated, Hawaii allows the offender to "petition[] the attorney general for termination of registration requirements by ... [d]emonstrating that the out-of-state convictions upon which the sexual offender designation was established are not covered not covered Health care adjective Referring to a procedure, test or other health service to which a policy holder or insurance beneficiary is not entitled under the terms of the policy or payment system–eg, Medicare. Cf Covered.  offenses." Id. [section] 846E-2(b)(2). An out-of-state convicted offender moving to Hawaii for an offense not requiring registration in Hawaii would have to register until they can petition the attorney general to terminate the requirement on the grounds that Hawaii does not require registration for that offense.

(118) Unfortunately, even trying to write them all down would be an exercise in futility Futility
See also Despair, Frustration.

American Scene, The

portrays Americans as having secured necessities; now looking for amenities. [Am. Lit.: The American Scene]

Babio

performs the useless and supererogatory. [Fr.
 due to constantly changing state laws and the differences in how each state handles the same offense.

(119) See infra Part III.D for further analysis.

(120) The Court of Appeals is the highest court in New York. New York State Court of Appeals Home Page, http://www.nycourts.gov/ctapps/ (last visited Mar. 10, 2009).

(121) MANUAL FOR COURTS-MARTIAL, UNITED STATES pt. IV, [paragraph] 63 (2005) (indecent assault).

(122) See People v. Kennedy, 850 N.E.2d 661 (N.Y. 2006).

(123) See North v. Bd. of Exam'rs of Sex Offenders, 871 N.E.2d 1133 (N.Y. 2007). This case applied several other provisions of the New York law to ensure the defendant (who had not been convicted at a court-martial, but rather in federal court) had to register for possession of child pornography. Id.

(124) See Rodimel v. Cook County Sheriff's Office, 822 N.E.2d 7 (Ill. App. Ct. 2004).

(125) Id. at 8.

(126) See supra Part III.A.4.

(127) See supra Part III.B.1.

(128) Rodimel, 822 N.E.2d at 10.

(129) Id. at 12.

(130) See supra note 3.

(131) See DoDI 1325.7, supra note 3, enclosure 27.

(132) See infra app. C.

(133) See DoDI 1325.7, supra note 3, enclosure 27.

(134) See infra app. C. The primary changes since then consists of the revised Article 120 and the deletion deletion /de·le·tion/ (de-le´shun) in genetics, loss of genetic material from a chromosome.

de·le·tion
n.
Loss, as from mutation, of one or more nucleotides from a chromosome.
 of several Article 134 offenses such as indecent assault. See Exec. Order No. 13,447, 72 Fed. Reg. 56,179 (Sept. 28, 2007). The proposed revision to this instruction is forthcoming. A copy of the new list of offenses will also be included in the new Army Regulation (AR) 27-10. Additional offenses in the revision include rape of a child; aggravated sexual assault Aggravated Sexual Assault is when one commits an aggravated assault of a sexual nature and who wounds, maims, disfigures or endangers the life of the complainant.[1][2][3] Citation

1. ^ Section 273(1) of the Canadian Criminal Code
2.
; aggravated sexual assault of a child; aggravated sexual contact; aggravated sexual abuse of a child; aggravated sexual contact with a child; abusive sexual contact; abusive sexual contact with a child; indecent liberty with a child; indecent acts with a minor; forcible forc·i·ble  
adj.
1. Effected against resistance through the use of force: The police used forcible restraint in order to subdue the assailant.

2. Characterized by force; powerful.
 pandering; wrongful sexual contact; indecent exposure indecent exposure n. the crime of displaying one's genitalia to one or more other people in a public place, usually with the apparent intent to shock the unsuspecting viewer and give the exposer a sexual charge.  to a minor; and attempts, conspiracies, and solicitations to commit the foregoing. See U.S. DEP'T OF ARMY, REG. 27-10, MILITARY JUSTICE para. 25-2 (n.d. draft) (on file with author).

(135) GA. CODE ANN. [section] 41-1-12(a)(9), (10) (West 2009).

(136) Compare id. [section] 16-5-40, with MANUAL FOR COURTS-MARTIAL, UNITED STATES, pt. IV, [paragraph] 92 (2008) [hereinafter MCM (MultiChip Module or MicroChip Module) A chip package that contains several bare chips mounted close together on a substrate (base) of some kind. ] (kidnapping) (showing that the two kidnapping offenses are similar).

(137) Compare GA. CODE ANN. [section] 16-12-100.2, with 18 U.S.C. [section] 2252A (2006) (showing that the most commonly charged child pornography federal statute in the military is similar to the Georgia computer pornography law).

(138) MCM, supra note 136, pt. IV, [paragraph] 92c(1) (commonly referred to as a clause 1, Article 134 offense).

(139) GA. CODE ANN. [section] 42-1-12(a)(10)(A)(xix).

(140) MCM, supra note 136, pt. IV, [paragraph] 92c(2) (commonly referred to as a clause 2, Article 134 offense).

(141) See DoDI 1325.7, supra note 3, enclosure 27. This oversight has not been corrected in the proposed revision to DoDI 1325.7. See supra note 134.

(142) Georgia calls offenses like this a "[c]riminal offense against a victim who is a minor." See GA. CODE ANN. [section] 42-1-12(a)(9)(B).

(143) In fact, Georgia lists some of these offenses under the category "[d]angerous sexual offense." See id. [section] 42-1-12(a)(10)(A).

(144) In the author's opinion, adultery does have real harms associated with it, but it is not normally dangerous in the sense of violence during the sexual act itself.

(145) This Part is entirely the author's opinion.

(146) See supra Part III.A.

(147) See supra Part III.A.4.

(148) See supra note 77 for an example of a state that reads their statute broadly (Virginia).

(149) DoDI 1325.7, supra note 3, enclosure 27.

(150) See supra Part III.B.

(151) This test was applied in both People v. Kennedy, 850 N.E.2d 661 (N.Y. 2006), and Rodimel v. Cook County Sheriff's Office, 822 N.E.2d 7 (Ill. App. Ct. 2004). Virginia also applies this standard. See supra note 77.

(152) See supra Part III.C.

(153) The clearest case in the author's opinion would be a client facing a serious charge, such as rape, who will move to a state that applies the "military court" methodology and uses a comprehensive list of offenses.

(154) Such as a UCMJ, art. 134, cl. 2, offense or a novel sex crime under UCMJ, art. 134.

(155) See infra app. D for a complete state listing of points of contact.

(156) See infra app. E for a sample memorandum for record. Even if you interpret the statute as not requiring registration, the fact that state laws change rapidly should encourage you to use such a memorandum in almost all sex crime cases. See supra note 36 for an example of how frequently state laws can change.

(157) For example, a client charged with sexual assault who pleads guilty to simple assault instead. No state includes simple assault in their registration system.

(158) An example of this: a client charged with sexual assault who pleads guilty to indecent exposure. Many states do not include indecent exposure as a listed offense.

(159) See United States v. Miller, 63 M.J. 453, 459 (C.A.A.F. 2006).

(160) See id.

(161) See supra Part III.A.

(162) See supra Part III.B.

(163) See DoDI 1325.7, supra note 3, at enclosure 27.

(164) See Miller, 63 M.J. at 459.

(165) Research on file with author.

(166) Research on file with author.

(167) Requirement to register elsewhere is limited to offenses committed elsewhere before enactment of state statute. "A person shall register ... if the person is ... an offender ... who, before moving into this [s]tate, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before July 1, 1997...." MD. CODE ANN., CRIM. PROC. [section] 11-704(a)(6) (West 2009).

(168) DoDI 1325.7, supra note 3, at enclosure 27.

(169) Because DoDI 1325.7 was last updated in June 2003, it does not specifically cover the revised Article 120 effective 1 Oct. 2007. See supra note 134 for the proposed additional covered offenses.

(170) Id.

(171) In the original text, this Article designation is missing, but the "DIBRS DIBRS defense incident-based reporting system (US DoD)  Code" is 134-B6, indicating that they meant this to be an Article 134 offense. See DoDI 1325.7, supra note 3, at enclosure 27. The article designation is probably missing because prostitution involving a minor was not a listed offense in the 2002 edition of the Manual for Courts-Martial, nor is it listed today as a specific offense. Compare MANUAL FOR COURTS-MARTIAL, UNITED STATES, pt. IV, [paragraph] 97 (2002) (pandering and prostitution), with MCM, supra note 136, pt. IV, 97 [paragraph] (pandering and prostitution) (showing that the only change from 2002 to the present was the addition of the crime of patronizing a prostitute prostitute n. a person who receives payment for sexual intercourse or other sexual acts, generally as a regular occupation. Although usually a prostitute refers to a woman offering sexual favors to men, male prostitutes may perform homosexual acts for money or ). Forcible pandering was added to the new Article 120, but that offense does not require the victim to be a minor. See UCMJ art. 120(l) (2008).

(172) This offense has been deleted Deleted

A security that is no longer included on a specified market. Sometimes referred to as "delisted".

Notes:
Reasons for delisting include violating regulations, failing to meet financial specifications set out by the stock exchange and going bankrupt.
 pursuant to Executive Order No. 13,447. Exec. Order No. 13,447, 72 Fed. Reg. 56,179 (Sept. 28, 2007).

(173) Research on file with author.

(174) UCMJ art. 120. In all likelihood, most of these offenses would be included in any state registration scheme. The offenses to pay particular attention to include wrongful sexual contact and indecent exposure. Many states do not include these offenses. See supra note 134 for the proposed additional offenses in the revised DoDI 1325.7.

(175) This sample is just a guideline guideline Medtalk A series of recommendations by a body of experts in a particular discipline. See Cancer screening guidelines, Cardiac profile guidelines, Gatekeeper guidelines, Harvard guidelines, Transfusion guidelines. . You should modify the memorandum as necessary to suit client's case and the offenses invelved

Major Andrew D. Flor, Judge Advocate A legal adviser on the staff of a military command. A designated officer of the Judge Advocate General's Corps (JAGC) of the U.S. Army, Navy, Air Force, or Marine Corps. , U.S. Army. Presently assigned as·sign  
tr.v. as·signed, as·sign·ing, as·signs
1. To set apart for a particular purpose; designate: assigned a day for the inspection.

2.
 as Professor, Criminal Law Dep't, The Judge Advocate General's Legal Ctr. & Sch., U.S. Army, Charlottesville, Va.; LL.M LL.M Legum Magister (Master of Laws) ., 2009, The Judge Advocate General's Legal Ctr. & Sch., U.S. Army, Charlottesville, Va.; J.D., 2004, College of William and Mary Noun 1. William and Mary - joint monarchs of England; William III and Mary II  School of Law, Va.; B.S., 1997, U.S. Military Academy, West Point, N.Y. Previous assignments include Deputy Staff Judge Advocate, 10th Mountain Division (Light Infantry infantry soldiers selected and trained for rapid evolutions.

See also: Light
) and Multi-National Division-Center, Camp Victory, Iraq, Apr. 2008-July 2008; Brigade brigade

Military unit commanded by a brigadier general or a colonel and composed of two or more subordinate units, such as regiments or battalions. Two or more brigades make up a division.
 Judge Advocate, 10th Sustainment Brigade As part of the Transformation of the US Army from a Division-based structure to a Brigade-based army; the Division Support Commands, Corps Support Groups, & Area Support Groups are being inactivated or transformed to Sustainment Brigades (previously called Sustainment Units of Action , Fort Drum Fort Drum may refer to:
  • Fort Drum, New York
  • Fort Drum (El Fraile Island), Philippines
  • Fort Drum, Florida
, N.Y., June 2007-Apr. 2008; Trial Counsel and Special Assistant U.S. Attorney, 10th Mountain Division (Light Infantry), Fort Drum, N.Y., June 2006-June 2007; Chief, Administrative and International Law, Combined/Joint Task Force-76, Bagram Airbase, Afg., Jan. 2006-June 2006; Administrative Law administrative law, law governing the powers and processes of administrative agencies. The term is sometimes used also of law (i.e., rules, regulations) developed by agencies in the course of their operation.  Attorney, 10th Mountain Division (Light Infantry), Fort Drum, N.Y., Jan. 2005-Jan. 2006; Aviation Operations Officer, 9101 Aviation Regiment regiment

In most armies, a body of troops headed by a colonel and divided into companies, battalions, or squadrons. French cavalry units were called regiments as early as 1558. In early U.S.
, 101st Airborne Division (Air Assault), Fort Campbell Fort Campbell is a United States Army installation located between Hopkinsville, Kentucky and Clarksville, Tennessee and is home to the 101st Airborne Division.

The fort is named in honor of BG William Bowen Campbell, the last Whig Governor of Tennessee.
, Ky., Nov. 2000-June 2001; Aviation Liaison Officer, 9-101 Aviation Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Ky., Nov. 1999-Nov. 2000; Platoon Leader A platoon leader or platoon commander is the officer in command of a platoon. This person is usually a junior officer — a second or first lieutenant, or an equivalent rank. He is usually assisted by a platoon sergeant. , A/9-101 Aviation Regiment, 101st Airborne Division (Air Assault), Fort Campbell, Ky., Sept. 1998-Nov. 1999. Member of the bars of the U.S. Supreme Court, the Court of Appeals for the Armed Forces, the Commonwealth of Virginia, and the Northern District of New York. This article was submitted in partial completion of the Master of Laws Noun 1. Master of Laws - an advanced law degree
LLM

law degree - degree conferred on someone who successfully completes law school
 requirements of the 57th Judge Advocate Officer Graduate Course.
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