SMART Watch for Sex Offenders & Sentencing for Possession of Child Pornography: A Failure to Distinguish Voyeurs from Pederasts

Gerardo S. Gutierrez

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The SMART Office was authorized in the Adam Walsh Child Protection and Safety Act of 2006, which was signed into law on July 27, 2006. The responsibilities of the SMART Office include providing jurisdictions with guidance regarding the implementation of the Adam Walsh Act, and providing technical assistance to the states, territories, Indian tribes, local governments, and to public and private organizations. The SMART Office also tracks important legislative and legal developments related to sex offenders and administers grant programs related to the registration, notification, tracking, and monitoring of sex offenders. In SMART’s winter newsletter, tips and resources are provided to help jurisdictions move toward substantial implementation, focusing on issues relating to information sharing and the complex area of tribal-state communications. The newsletter also contains articles about enhancing the utility of the Dru Sjodin National Sex Offender Public Website, the SMART Office's Sex Offender Registry Tool, the global fight against child exploitation, and a spotlight on Indian Country issues. SORNA registration jurisdictions have until July 27, 2010, to substantially implement requirements for registering and monitoring sex offenders under the SORNA provisions of the Adam Walsh Act. However, jurisdictions may request an additional 1-year extension by submitting an extension request form to the SMART Office. There are two extension request forms: one for the states, territories, and the District of Columbia and one for tribal jurisdictions. The 2010 National Symposium on Sex Offender Management and Accountability will be hosted at the Hilton Portland and Executive Tower in Portland, Oregon from May 18 to May 20, 2010, in conjunction with the National Workshop on Adam Walsh Implementation. The State of Ohio, the Confederated Tribes of the Umatilla Indian Reservation, and the Confederated Tribes and Bands of the Yakama Nation have substantially implemented the Sex Offender Registration and Notification Act (SORNA), Title I of the Adam Walsh Child Protection and Safety Act of 2006. This checklist is designed as a tool to assist registration jurisdictions as they seek to substantially implement SORNA. It is not a definitive guide to SORNA's full implementation requirements. Jurisdictions are advised to consult with the SMART Office throughout their implementation process to ensure that their laws, policies, procedures, and practices conform with the entirety of what SORNA requires.

Additional Resources

Sentencing for Possession of Child Pornography: A Failure to Distinguish Voyeurs from Pederasts Jesse P. Basbaum U.C. Hastings College of the Law Hastings Law Journal, Vol. 61, May 2010

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