Under California, federal, and international laws, sex offenders are legally allowed to travel across international borders. However, whether a sex offender is able to enter another country will be based on the home country’s laws. Since registered sex offenders are still legally allowed to obtain a passport, they can travel to many places around the globe.
At Simmrin Law Group, we want to empower you with knowledge so you can protect your rights. A Los Angeles sex crimes lawyer will offer compassionate guidance and help you better understand how state and federal laws impact your life. Call us today for a free legal consultation.
Are Sex Offenders Allowed To Leave the U.S.?
Registered sex offenders in the U.S. have the legal right to leave the country and travel internationally. No U.S. law bans sex offenders from traveling internationally. However, not every country allows sex offenders to enter.
Countries have their own laws that determine if the sex offender’s criminal record follows the criteria of entry. A sex offender convicted of a felony might be refused entry to a significant number of countries.
Are Sex Offenders Required To Notify Law Enforcement of Their Plans to Leave the Country?
As of 2016, the International Megan’s Law (IML) amended the Sex Offender Registration and Notification Act (SORNA). This change mandates that registered sex offenders inform their local sex offender registry about their plans to leave the country. They must adhere to the rules and regulations outlined by the local sex offender registry.
Expect to provide various types of information to your local sex offender registry, including:
- The names of the countries you intend to enter
- Your anticipated activities within the country
- Departure details from the United States, including date and location
- Return information to the United States, including date and location
- Contact information while abroad
- Reasons for international travel
- Airline name and flight numbers
Failing to notify authorities of your intention to travel outside the U.S. can result in criminal consequences. If convicted, you could spend up to 10 years in prison. To protect your freedom, seek legal guidance before planning to travel anywhere. Simmrin Law Group can help you take the steps you need to take to stay safe.
The prevalence of human trafficking, child sex trafficking, and other sex crimes in tourist areas worldwide has led to more strict travel restrictions for registered sex offenders.
What Is the International Megan’s Law?
The International Megan’s Law is a piece of U.S. legislation named after Megan Kanka, a child who was tragically murdered by a convicted sex offender in 1994. The law requires registered sex offenders to provide advance notice of their intended international travel.
IML also says sex offenders must tell the U.S. government about their travel plans at least 21 days before leaving. If they don’t follow this rule, they could face charges, making things more complicated.
This information is then shared with destination countries to help prevent child exploitation and protect vulnerable populations. The law also mandates the addition of a unique identifier to the passports of registered sex offenders, making their status known to border and immigration authorities.
What Countries Can Sex Offenders Not Travel To?
The United States does not restrict registered sex offenders from entering any country around the globe. There are very few countries that will review a United States citizen’s criminal background before allowing them entry to the country. In fact, in many cases, countries will only require that the individual have a valid passport to be approved for entry.
Currently, registered sex offenders are prohibited from traveling to any of the following countries:
- China.
- The United Kingdom.
- Australia.
- Thailand.
- Canada.
- Russia.
- Japan.
- Mexico.
Sex offenders granted entry to certain countries may need to register with local police upon reaching their destination. Other countries could allow entry if the criminal sex offense in question occurred a long time ago or was a first offense. Some countries don’t have clear rules that explicitly deny or allow entry to registered sex offenders.
Since immigration laws across the globe can change at any point in time if you are a registered sex offender who is hoping to travel internationally, reach out to a sex crime lawyer or your destination country’s consulate for additional information.
Can Sex Offenders on Probation Travel Internationally?
Registered sex offenders under probation may be permitted to travel internationally, contingent on approval from their probation officer. Approval for international travel may involve additional restrictions and requirements that must be met before being granted permission to travel abroad.
In most cases, registered sex offenders on probation will face denial of approval for international travel unless they can provide a compelling reason for leaving the country. An exception might include a registered sex offender needing to care for a terminally ill parent abroad.
Navigating the Legal Requirements of International Travel as a Sex Offender
Navigating the legal requirements of international travel as a sex offender involves understanding and complying with regulations set forth by laws like International Megan’s Law. A sex crimes attorney can help you better understand how to prepare for international travel.
Sex offenders must be aware of the mandated “unique identifier” placed on their passports. This identifier signals their status to foreign immigration authorities, and it can lead to heightened scrutiny and potential entry denials in certain countries.
Additionally, the law requires sex offenders to report their intended international travel plans at least 21 days in advance. Failure to do so can result in criminal charges. Managing these legal obligations can be challenging and may limit spontaneous or emergency travel.
Seeking guidance from legal professionals, staying informed about specific country regulations, and adhering to reporting timelines are crucial to navigating the legal landscape for sex offenders traveling internationally.
Will Sex Offenders Be Allowed Back in the U.S.?
One significant risk that registered sex offenders face upon returning to the U.S. after leaving the country is the potential denial of entry. Despite reporting their travel plans to local authorities, it is not unusual for registered sex offenders to undergo additional scrutiny and screening when attempting to re-enter the U.S. after international travel.
While outright denial of entry is not guaranteed, you should anticipate potential delays when crossing the border. Additionally, you may encounter increased scrutiny from airline officials and law enforcement, leading to a travel experience that is distressing, embarrassing, and anxiety-inducing.
If you feel you’ve been treated unfairly when trying to return to the U.S. after traveling abroad, seeking assistance from an experienced attorney can aid in filing a complaint with the Traveler Redress Inquiry Program at the Department of Homeland Security (DHS).
If you’re facing challenges re-entering the United States as a registered sex offender, even after local authorities granted approval, contact a criminal defense attorney promptly for legal advice.
Contact a Sex Crime Lawyer Before Traveling Internationally
Sex offenders have the right to travel internationally. If you are being accused of violating the terms of your sex offender registration, you could be facing severe criminal penalties, including additional criminal charges and being sent back to prison.
Stand up and advocate for your future. Contact an experienced criminal defense lawyer to help you defend yourself. Please fill out our secured contact form or call Simmrin Law Group when you are ready to start working on your defense strategy.