Is traveling as a sex offender a possibility? Can people convicted of sex crimes leave their state or the USA, and if so, what regulations control their travels?
There are no straightforward answers to these questions. Different US and international laws play a role in regulating the travels of different types of sex offenders.
Read on to find out more about them!
Can Sex Offenders Get a Passport?
As a general rule, sex offenders are allowed to get passports unless otherwise specified. Certain types of sex offenders, convicted for specific sex crimes, can be prohibited from obtaining a passport for a defined length of time.
Can a Registered Sex Offender Get a Passport?
Depending on the sex crimes they were convicted of, there are three possible outcomes for sex offenders related to getting a passport in the USA:
- They can get a passport regularly, with no restrictions whatsoever;
- They can’t get a passport for a limited time only;
- They can get a passport with a unique identifier, known as the sex offender passport stamp, imprinted on it.
Sex Offenders Who Are Denied the Right to a Passport
These are the offenders who used their passports prior to committing a sex crime, committed sex crimes outside of the international borders of the USA, and offenders who were involved with sex tourism crimes. Such crimes include sex trafficking, illicit sexual conduct in foreign places, or an attempt or conspiracy to engage in such crimes.
From the moment they are convicted to the time they are released from imprisonment or their parole has ended, they do not have the right to get a passport. Additionally, if they already had a passport issued to them before they were convicted, the Secretary of State has the right to revoke it.
Sex Offenders Who Can Only Get a Passport With a Unique Identifier
According to the international Megan’s law, offenders convicted of sexual offenses against a minor can only get passports with a stamp that indicates their sex crimes. Such crimes include lewd acts, oral copulation, and statutory rape of a minor, as well as, crimes related to child pornography.
Even though the implementation of the international Megan’s law was done in 1996, the US Department of State only started printing passports with sex offender identifiers on October 31, 2017. Since the identifier is considered to be an endorsement, it can’t be printed on already-issued passports. The offenders required to bear such passports have to get new ones.
Additionally, many sex offenders guilty of sex crimes with a minor still hold their old passports without the stamp, though they can be revoked. If one of these sex offenders tries to travel internationally with their regular passport, it will be taken away from them, and they will have to apply for a new passport, with the identifier.
Sex Offenders Who Can Get a Passport With No Restrictions
Finally, sex offenders that don’t fall into either of these two categories can get a passport by applying for it in a standard procedure. However, they may face other traveling regulations, unrelated to their passport, which are discussed further down in the article.
Can Felons Get a Passport?
While there is no specific law that prohibits felons from getting a passport, it is important to note that the government can deny them the right to obtain one. If the Secretary of State decides that an individual with a felony charge in their records is causing, or is likely to cause damage to the international security or the foreign policies of the US, this right might be taken away from them.
Moreover, the same rule that forbids issuing a passport to a sex offender, who used their passport prior to committing a sex crime or committed sex crimes outside the international border, is applied to drug traffickers.
But felons and sex offenders are not the only people who may get their right to obtain a passport denied by the government. Owing more than $2,500 in child support, $50,000 in delinquent tax debt, and other financial issues can also make an individual not eligible for getting a passport, according to the US State Department.
Can Sex Offenders Travel?
Now that we know more about sex offender passports and other restrictions that may disqualify someone from getting a passport, let’s have a closer look at the matter of sex offenders traveling abroad and within the USA.
Can Registered Sex Offenders Travel in the USA?
It is a common misconception that sex offenders can travel freely from one state to the next since passports are not necessary for interstate travel. While staying within the USA is somewhat less complicated than international travel, sex offenders still have plenty of other regulations they need to consider.
First and foremost, they have to regularly update their information with the sex offender registry in their home state. Depending on the sex offender tier they were labeled with, they might be obligated to update their information every year, every six months, and even every three months for the most serious cases. Failing to do so can get them up to six years of jail time.
Additionally, many sex offender travel laws differ by state. This means that in addition to knowing their restrictions in their home state, sex offenders have to familiarize themselves with the laws of the state they want to visit.
Most states require sex offenders to make an official appeal to be granted permission to enter. However, Wisconsin doesn’t have a law like this.
In addition, some states require sex offenders with permanent residence in a different state to register into their sex offender registry if they plan on staying longer than a specific period. In Nebraska, this period is five days, in Michigan, it is 10 days, etc.
In any case, most sex offenders would have to call their registration office and inform it about their traveling plans. Specifically, sex offenders who were released on probation or parole in some cases might not be given permission to make the trip.
Can Sex Offenders Leave the Country?
Apart from the individuals who are denied the right to get a passport by the Secretary of State we mentioned earlier, sex offenders have the right to travel internationally, at least according to US laws.
On the other hand, every country has its own different laws for granting entry to sexual offenders. For example, sex offenders will not be permitted to enter China, the UK, Australia, Thailand, Canada, Russia, and Japan.
Other countries don’t have any specific criteria regarding granting entry to sex offenders but review their requests on a case-by-case basis. Some countries allow entry to sex offenders who committed sex crimes long ago, others require them to register with the local police upon their arrival, etc.
Moreover, sex offenders who want to travel outside the USA have to inform US authorities of their travel plans at least 21 days before taking off. The information they need to provide includes the name of the country they are visiting, reasons for their travels, when they are leaving and when they are coming back, and other similar info.
Sex offenders can be convicted for up to 10 years of prison if they attempt to travel without previously informing the authorities.
Finally, sex offenders released on probation have to inform their probation officer of their intentions of international travel, who has the right to deny their request and bar them from traveling.
The Bottom Line
International travel as a sex offender is certainly not impossible, at least for the largest number of sex offenders. While certain felons and sex offenders who are considered a threat to international security and the foreign policies of the USA are stripped of this privilege, most people with sex crimes in their criminal records can do so, albeit with a sex offender stamp.
Sex offenders should always consult an attorney before making traveling plans. There are loads of rules, restrictions, and obligations they need to consider before getting on a plane, and the penalties for non-compliance are draconian, so they should take extra caution.
FAQs Related to the Sex Offender Passport Law
Can sex offenders fly on planes?
Sex offenders are not barred from flying on planes, but they do face restrictions relevant to air travel. Their passports can have a unique identifier indicating their bearer is a registered sex offender. Additionally, they have to ask their parole officer for permission to leave the state 21 days prior to the day of travel. Finally, sex offenders may not be allowed entry into certain countries in the world.
Can sex offenders travel out of state?
Most sex offenders would have to contact the registration office before attempting to leave the state. Those released on parole or probation might have stricter sex offender travel restrictions and not be allowed to travel. Additionally, every state in the USA handles visits by sex offenders differently. For example, Wisconsin doesn’t require an appeal, while other states do. Nebraska requires registration for stays longer than five days, Michigan for longer than 10 days, etc.
What countries allow sex offenders to visit?
While there is no US law that prohibits registered sex offenders from leaving the USA, every country has its own policy on permitting sex offenders entry. Generally, most countries won’t check the criminal background of a US citizen. However, countries like China, the UK, Australia, Thailand, Canada, Russia, and Japan are off-limits for sex offenders.
