The Classifications Explained

Sex offender registration laws in the United States are designed to protect communities and provide information about individuals convicted of sex offenses. To some, these laws are fair and needed to protect children.  To others, these laws are unneeded and draconian. Two significant legislative acts related to sex offender registration are the Sex Offender Registration and Notification Act (SORNA) and the Sex Offender Registration Act (SORA). While the acronyms may sound similar, they refer to distinct laws that govern sex offender registration at the federal and state levels. This article aims to clarify the differences between SORA and SORNA, providing a better understanding of their respective roles in sex offender registration.

SORNA:

Sex Offender Registration and Notification Act The Sex Offender Registration and Notification Act, commonly referred to as SORNA, is a federal law that provides a framework for sex offender registration across the country. SORNA was enacted in 2006 as part of the Adam Walsh Child Protection and Safety Act, with the primary objective of creating a consistent and comprehensive sex offender registration system throughout the United States.

SORNA establishes minimum registration requirements that all states must adhere to in order to receive certain federal funding and maintain compliance with the law. It sets standards for offender registration, classification, and community notification, emphasizing the importance of uniformity and consistency across state lines. SORNA outlines specific criteria for the classification of offenders into tiers based on offense severity, mandating regular registration updates and ensuring public access to offender information.

SORA:

Sex Offender Registration Act The Sex Offender Registration Act, commonly known as SORA, is a state-level legislation that establishes guidelines and requirements for sex offender registration within each state. SORA laws vary from state to state, as they are created and enforced at the state level, resulting in variations in registration requirements, duration, and public accessibility of information.

Each state in the U.S. has its own version of SORA, outlining the specific offenses that trigger registration, the duration of registration, the frequency of registration updates, and the dissemination of offender information to the public. SORA laws typically categorize offenders into different tiers or levels based on the severity of their offenses, with corresponding registration and notification requirements. These state-specific laws ensure compliance with federal mandates while addressing the unique needs and considerations of each jurisdiction.

Missouri SORA

Under the Missouri Sex Offender Registration Act (SORA), certain sex offenses mandate registration for individuals convicted of those crimes. The specific offenses that require registration under the Missouri SORA are outlined in Chapter 589 of the Missouri Revised Statutes. While it is important to consult the statutes directly for the most up-to-date and comprehensive information, this is a general overview of the types of offenses that typically require registration. Some common examples include:

1. Sexual Assault: This includes offenses such as rape, statutory rape, and sexual misconduct involving force, coercion, or lack of consent.
2. Child Sexual Abuse: Crimes involving sexual offenses committed against minors, such as child molestation, child enticement, or possession of child pornography.
3. Sexual Misconduct with Inmates or Patients: Offenses involving sexual contact or sexual abuse of individuals who are incarcerated, detained, or receiving medical treatment in facilities.
4. Indecent Exposure: Exposing one’s genitals or engaging in lewd or lascivious behavior in public with the intent to arouse sexual desire.
5. Internet-based Offenses: Certain online sexual offenses, such as online solicitation of a minor or possession, distribution, or production of child pornography.

It is important to note that the specific offenses and their corresponding registration requirements may vary, and there may be additional factors that determine whether an offense requires registration under the Missouri SORA. It is crucial to refer to the Missouri Revised Statutes and consult with legal professionals for accurate and detailed information regarding sex offenses and registration requirements in Missouri.

Key Differences between SORA and SORNA

The main differences between SORA and SORNA can be summarized as follows:

1. Jurisdiction: SORA operates at the state level, with each state having its own sex offender registration laws. SORNA, on the other hand, is a federal law that sets minimum standards for sex offender registration that all states must meet.
2. Flexibility and Variations: SORA laws can differ significantly from state to state, as they are tailored to meet the specific needs and considerations of each jurisdiction. SORNA, as a federal law, establishes a more standardized framework, aiming to create consistency and uniformity across the country.
3. Compliance and Funding: Compliance with SORNA is necessary for states to receive certain federal funding related to sex offender registration. Failure to meet SORNA requirements may result in the loss of federal funding, although states have varying degrees of compliance.
4. Offender Classification: While both SORA and SORNA categorize offenders into tiers based on offense severity, the specific criteria and classification systems can differ between state laws and federal law.

Here at Markwell Law, we are here to help you navigate through this complex and often confusing area of law.  Understanding the distinction between SORA and SORNA is crucial in comprehending the complexities of sex offender registration in the United States. SORA refers to state-level sex offender registration laws that vary from state to state, while SORNA is a federal law that sets minimum standards for sex offender registration. States must comply with SORNA requirements to receive certain federal funding and maintain consistency in