However, inconsistency in the way many states track sex offenders or treat noncompliance has enabled serious sex offenders to manipulate the system and relocate to more lenient states. Examples of the inadequacy of state laws include:

* There are 25 states where noncompliance with one or more registration duties may be treated as only a misdemeanor: Alaska, California, Colorado, District of Columbia, Hawaii, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New York, North Dakota, Ohio, Oregon, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

* In four states, when a sex offender moves from one state to another state, the responsibility to notify the new state is placed solely on the offender himself: Delaware, District of Columbia, Kansas, and Utah.

* In eight states, the law is ambiguous as to whether the state or the sex offender must notify a new state when the offender moves: California, Kentucky, Montana, New Jersey, North Dakota, South Carolina, South Dakota and Tennessee.

* In only seven states, when a sex offender fails to register, it is mandatory for parole to be revoked and the sex offender to be returned to prison: California, Idaho, Illinois, Iowa, Michigan, North Dakota, and West Virginia.

In July of 2006, Congress passed the Adam Walsh Child Protection and Safety Act, which included four important provisions: mandated the creation of a national sex offender registry database and website; made the failure to register and be compliant a federal felony; mandated that states make changes in their laws to create greater consistency and uniformity on a national level; and tasked the U.S. Marshals with tracking down fugitive sex offenders.

However, states have three years to become fully compliant with the new law. “States need to fully implement the new law immediately so we know where these sex offenders are, and tougher penalties will make it less desirable for them to be noncompliant,” said Ernie Allen, President and CEO of NCMEC. “We cannot allow known sex offenders to continue to take advantage of the inconsistency in reporting and tracking in many states. States have the ability to prevent more predators from slipping through the cracks and harming more children. They need to act today.”

“We know that two-thirds of sex offenders who are in state prisons have admitted that their victims were children,” said Allen. “And we know that sex offenders who harm children are most likely to be repeat offenders.”

An estimated 1 in 5 girls and 1 in 10 boys will be sexually victimized in some way before they reach age 18, and only 1 in 3 will report it.

About the National Center for Missing & Exploited Children
NCMEC is a 501(c)(3) nonprofit organization that works in cooperation with the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention. NCMEC's congressionally mandated CyberTipline, a reporting mechanism for child sexual exploitation, has handled more than 441,900 leads. Since its establishment in 1984, NCMEC has assisted law enforcement with more than 127,700 missing child cases, resulting in the recovery of more than 110,200 children. For more information about NCMEC, call its toll-free, 24-hour hotline at 1-800-THE-LOST or visit its web site at www.missingkids.com.

For purposes of our research, the District of Columbia is counted as a state.

Contact:
NCMEC Communications Department
(703) 837-6111
media@ncmec.org