Government Report Finds Thousands Of Registered Sex Offenders Issued Passports – California Penal Code Section 290

On July 13, 2010, the Government Accountability Office (GAO) released a report stating that the United States government issued passports to at least 4,400 convicted sex offenders during the 2008 fiscal year.

Convicted sex offenders who were issued passports included federal employees, prison inmates, and offenders who had failed to update their sex offender registration. Some frequently traveled internationally, including to countries known for sex tourism. The report described several instances where sex offenders who traveled abroad were later convicted of committing sex offenses in the visiting country.

Of the 4,466 convicted sex offenders who received passports, 1,020 of the passport recipients lived in California.

The Department of State, which is responsible for issuing passports, responded by stating that the report was “very misleading” and that no law specifically prohibits the issuance of a passport to a convicted sex offender, except if the offender was convicted of sex tourism. In addition, of all the passports issued during fiscal year 2008, only 0.0003% were issued to convicted sex offenders.

Under California Penal Code section 290, also known as the Sex Offender Registration Act or Megan’s Law, a person who is convicted of a sex offense and who lives in California must register as a sex offender. The California sex offender list is publicly available online.

Failure to register as a sex offender for conviction of a misdemeanor sex offense is a misdemeanor punishable by up to a year in jail. (California Penal Code section 290.018(a).) If a person is convicted of a felony sex offense or has prior failures to register, the failure to register is a felony punishable by 16 months, 2 years, or 3 years in prison. (California Penal Code section 290.018(b).) Under federal law, all states must forward their sex offender registry information to the United States Attorney General for inclusion in the National Sex Offender Registry.

If you or someone you know has been accused of a sex crime, you will need an experienced Southern California sex crime attorney who will aggressively defend you, especially considering the social stigma and legal consequences of an adverse result. At Wallin & Klarich, we have defended people accused of sex offenses for over 40 years. Call us today at (888) 280-6839. We will be there when you call.