BOP Program Statement 5110.17 § 2

a. Offenses Subject to Sex Offender Release Notification Under 18 U.S.C. § 4042(c)(3).

SORNA refers to persons required to register under its standards as “sex offenders” and defines

“sex offender” to mean an individual who was convicted of a sex offense. The definition of sex

offenses for which registration is required appears at 42 U.S.C. § 16911(5)(A):

■ A criminal offense that has an element involving a sexual act or sexual contact with another.

“Criminal offense” refers to offenses under any body of criminal law, including state, local,

tribal, foreign, military, and other offense, as provided in 42 U.S.C. § 16911(6). Offenses

covered by this clause include all sexual offenses whose elements invoke: (1) any type or

degree of genital, oral, or anal penetration, or (2) sexual touching of or contact with a

person’s body, either directly or through the clothing.

■ A criminal offense that is a specified offense against a minor. A “minor” is a person under

the age of 18. These offenses involve:

 Kidnaping or false imprisonment of a minor.

 Solicitation of a minor to engage in sexual conduct.

 Use of a minor in a sexual performance.

 Solicitation of a minor to practice prostitution.

 Video voyeurism involving a minor as described in 18 U.S.C. § 1801.

 Possession, production, or distribution of child pornography.

 Criminal sexual conduct involving a minor and related Internet activities.

 Any conduct that by its nature is a sexual offense against a minor.

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■ Specified Federal offenses (including those prosecuted under 18 U.S.C. § 1152 or 1153).

These include:

§ 1591 (Sex trafficking of children or by force, fraud, or coercion)

§ 1801 (Video voyeurism)

§ 2241 (Aggravated sexual abuse)

§ 2242 (Sexual abuse)

§ 2243 (Sexual abuse of a minor ward)

§ 2244 (Abusive sexual contact)

§ 2245 (Sexual abuse resulting in death)

§ 2247 (Repeat offenders)

§ 2248 (Mandatory restitution)

§ 2251 (Sexual exploitation of children)

§ 2251A (Selling or buying of children)

§ 2252 (Certain activities relating to material involving the sexual exploitation of minors)

§ 2252A (Certain activities relating to material constituting or containing child

pornography)

§ 2252B (Misleading domain names on the Internet)

§ 2252C (Misleading words or digital images on the Internet)

§ 2253 (Criminal forfeiture)

§ 2254 (Civil forfeiture)

§ 2255 (Civil remedy for personal injuries)

§ 2256 (Definitions for chapter)

§ 2259 (Mandatory restitution)

§ 2260 (Production of sexually explicit depictions of a minor for importation into the

United States)

§ 2260A (Increased penalties for registered sex offenders)

§ 2421 (Transportation generally)

§ 2422 (Coercion and enticement)

§ 2423 (Transportation of minors)

§ 2424 (Filing factual statement about alien individual)

§ 2425 (Use of interstate facilities to transmit information about a minor)

§ 2426 (Repeat offenders)

§ 2427 (Inclusion of offenses relating to child pornography in definition of sexual activity

for which any person can be charged with a criminal offense)

§ 2428 (Forfeitures)

■ Any of the above offenses prosecuted pursuant to:

§ 1152 (Laws governing jurisdiction of U.S.)

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§ 1153 (Offenses committed within Indian country)

■ 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. § 951 note). These offenses are listed in Article 120 – Rape,

sexual assault, and other sexual misconduct – of the Uniform Code of Military Justice.

■ An attempt or conspiracy to commit an offense described above. This covers attempts and

conspiracies to commit offenses that are otherwise covered by the definition of “sex

offenses.” This includes both offenses prosecuted under general attempt or conspiracy

provisions, where the object offense falls under the SORNA “sex offense” definition, and

particular offenses that are defined as (or in substance amount to) attempts or conspiracies to

commit offenses that are otherwise covered. For example, in the latter category, a

jurisdiction may define an offense of “assault with intent to commit rape.” Whether or not

the word “attempt” is used in the definition of the offense, this is in substance an offense that

covers certain attempts to commit rapes and hence is covered under the SORNA definition.

For purposes of this policy, a “current or past conviction” includes convictions in foreign

countries as long as the conviction was “obtained with sufficient safeguards for fundamental

fairness and due process for the accused” under guidelines or regulations to be established by the

Department of Justice (42 U.S.C. § 16911(5)(B)). Convictions in Canada, Great Britain,

Australia, and New Zealand have already been determined to be in compliance with due process.

Staff with questions concerning convictions in other foreign countries should contact Bureau

legal staff for assistance.

b. Offenses Subject to Drug Trafficking Crime or Crime of Violence Release Notification

Under 18 U.S.C. § 4042(b).

A Drug Trafficking Crime is defined under Title 18 U.S.C § 924(c)(2) as any felony offense

punishable under:

■ The Controlled Substances Act (21 U.S.C. §§ 801-904 (inclusive)).

■ The Controlled Substances Import and Export Act (21 U.S.C. §§ 951-971 (inclusive)).

■ 46 U.S.C. §§ 70501-70508).

A Crime of Violence is defined under Title 18 U.S.C § 924(c)(3) as an offense that is a felony

and:

■ Has as an element, the use, attempted use, or threatened use of physical force against the

person or property of another, or

■ That, by its nature, involves a substantial risk that physical force against the person or

property of another may be used in the course of committing the offense.

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c. Officials to be Notified

Chief Law Enforcement Officer of the State. The State Attorney General or designee, as

identified by the National Directory of Law Enforcement Administrators. Exceptions to this

definition are immediately reported to the Administrator, Correctional Programs Branch, Central

Office.

Chief Law Enforcement Officer of the Tribe. The appropriate law enforcement agency with

jurisdictional authority within a Federally recognized Indian tribe.

Chief Law Enforcement Officer of the Local Jurisdiction. The appropriate municipal or

county law enforcement agency with jurisdictional authority consistent with the inmate’s

projected address. Where multiple jurisdictions have overlapping authority, the more

geographically specific agency, identified by the National Directory of Law Enforcement

Administrators, is used.

Sex Offender Registration Officials. The state, tribal, or local office responsible for the receipt

or maintenance of sex offender registration information that is designated to receive release

notice based on a convicted sex offender’s projected release address.

d. Terms of Release

Supervised Release. A term of supervision to be served upon release from prison pursuant to 18

U.S.C. § 3583.

Parole. A discretionary grant of release pursuant to 18 U.S.C. § 4206(a) or (d) or a mandatory

release pursuant to 18 U.S.C. § 4164 (repealed). For the purpose of this Program Statement, the

term “parole” also includes a term of Special Parole (21 U.S.C. § 841(c)).