Page:United States Statutes at Large Volume 120.djvu/633

 120 STAT. 602

PUBLIC LAW 109–248—JULY 27, 2006

‘‘CHAPTER 109B—SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY ‘‘Sec. ‘‘2250. Failure to register.

‘‘§ 2250. Failure to register ‘‘(a) IN GENERAL.—Whoever— ‘‘(1) is required to register under the Sex Offender Registration and Notification Act; ‘‘(2)(A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or ‘‘(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and ‘‘(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act; shall be fined under this title or imprisoned not more than 10 years, or both. ‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for a violation under subsection (a), it is an affirmative defense that— ‘‘(1) uncontrollable circumstances prevented the individual from complying; ‘‘(2) the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; and ‘‘(3) the individual complied as soon as such circumstances ceased to exist. ‘‘(c) CRIME OF VIOLENCE.— ‘‘(1) IN GENERAL.—An individual described in subsection (a) who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years. ‘‘(2) ADDITIONAL PUNISHMENT.—The punishment provided in paragraph (1) shall be in addition and consecutive to the punishment provided for the violation described in subsection (a).’’. (2) CLERICAL AMENDMENT.—The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 109A the following: ‘‘109B. Sex offender and crimes against children registry ....................... 2250’’. 28 USC 994 note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

(b) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.—In promulgating guidelines for use of a sentencing court in determining the sentence to be imposed for the offense specified in subsection (a), the United States Sentencing Commission shall consider the following matters, in addition to the matters specified in section 994 of title 28, United States Code: (1) Whether the person committed another sex offense in connection with, or during, the period for which the person failed to register.

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