Does prosecution require sex offender registration ?

SirLimpDixAlot's Avatar
If convicted or not for solicitation in Missouri, does that cause you to have to register on sex offenders list?
ShysterJon's Avatar
I think you meant "prostitution," not "prosecution." You'll probably have a better chance at a response to your question by posting in a local Missouri forum rather than here.
SirLimpDixAlot's Avatar
Sorry, I guess I worded that wrong. I'm from Missouri and did not see any legality forum under Missouri.

If I get arrested from LE after meeting up with a lady, does this normally result in me having to register on the Missouri sex offender list?

400+ people have reviewed this question, so I think we're interested in to hear from some experts out there.

If you've already been busted by LE have you had to register for your state sex offender program?

Thanks
So, you are asking people here to admit they have been arrested on a prostitution charge, and if so, did they have to register as a sex offender?

Actually, and I speak with no real knowledge of the law here, it would have to go to the point of a conviction. I don't think that a mere arrest without a conviction could force you into a registered sex offender status.

I am going to paste a section of Wilkopedia below regarding who is required by Federal Law, but state laws can vary is what I understand.

Based on my reading of this, in general I would guess that consensual sex involving adults but resulting in a prostitution charge would not require sex offender registration.

That said, I would suggest to you that avoiding getting caught be your first priority. If caught, avoiding prosecution, and if prosecuted, avoiding conviction would be the last option.

Also, I guess it would be possible to plead "down" from a prostitution charge to some other charge like Public Indency & while a more minor charge perhaps, falls into a registration category. I have noticed that often the arrests in Texas (Dallas, Fort Worth), especially stings at outdoor locations often do not say prostitution, but rather public indency. It may sound like a lesser offense, but could result in a extra punishment in the form of sex offender registration.

In all cases, I would consult with your attorney in the place where you live or get arrested. And make sure he knows the consequences of taking a plea bargain. I seem to remember an article in the news somewhere about a guy who took a plea bargain as a teenager, never realizing it would force him to be a registered sex offender and not be allowed to see his own children.

Oh, and I think ShysterJon would be the first to tell you if you are getting your legal counsel from Wilkopedia, you are getting exactly what you paid for it.

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Adam Walsh Act (2006)
Legal authority

Title I of the Adam Walsh Child Protection and Safety Act, the Sex Offender Registration and Notification Act, abbreviated as SORNA, and codified under 42 U.S.C.16911 et seq., is a federal mandate which requires U.S. jurisdictions to update their sex offender registration laws to conform with federal guidelines. States that do not substantially implement SORNA face a mandatory 10% penalty in their Bureau of Justice Assistance grant under 42 U.S.C. 3750 et seq.[24]
Tiers of offenses

Crimes that are deemed sex offenses for registration purposes have been expanded under SORNA. Each state must decide which tier violations of state law belong to, depending on the following guidelines, and then enact statutes that tier each criminal offense. This is in contrast to the current method in some states, where prosecutors or the courts tier individual offenders.
Thus, an offender's tier under this scheme is based on the particular statute to which an offender plead guilty, or was convicted of. So an offender's tier is not necessarily based on the seriousness of the crime, nor does it reflect the danger or re-offense risk of the offender. However, offenses must be punishable by imprisonment for more than 1 year (i.e. a felony) to be classified higher than Tier I.
Violations of state law are tiered according to the federal offenses to which they are comparable, or more serious than. Note that for federal purposes, sexual act typically refers to sexual penetration, while sexual contact refers to a touching offense, though sexual act can include sexual contact depending on the reading of the statute.[25]


Tier III Offenses require lifetime registration and quarterly verification, involve:[26]
  • sexual acts involving force or carried out under threat, 18 U.S.C. 2241(a)[27]
  • sexual acts with one whom the actor causes unconscious, or impairs by drugging or intoxication, 18 U.S.C. 2241(b)[27]
  • sexual acts with a child under the age of 12, 18 U.S.C. 2241(c)[27]
  • sexual acts with one whom is mentally incapable of appraising, or physically incapable of declining, or communicates unwillingness of, the sex act, 18 U.S.C. 2242[28]
  • sexual contact with a child under the age of 12, 18 U.S.C. 2244(c)[29]
  • non-parental kidnapping or false imprisonment of minors,
  • any attempt or conspiracy to commit of any of the above, and
  • any new offense committed by a Tier II offender.
Tier II Offenses require registration for 25 years and semiannual verification. It generally consists of nonviolent sex offenses, involving minors:[26]
  • sex trafficking of minors, 18 U.S.C. 1591[30]
  • transportation of minors with intent to engage in criminal sexual activity, 18 U.S.C. 2423[31]
  • coercion and enticement (Mann Act), 18 U.S.C. 2422(b)[32]
  • sexual acts with minors age 12-15, 18 U.S.C. 2243(a)[33]
  • sexual contact with minors age 12-15, 18 U.S.C. 2244[29]
  • sexual offenses involving those in custody, and the actor has custodial, supervisory, or disciplinary authority, 18 U.S.C. 2243(b)[34]
  • offenses where minors are used in prostitution,
  • offenses where minors are used in sexual performance,
  • offenses involving the production or distribution of child pornography,
  • any attempt or conspiracy to commit of any of the above, and
  • any new offense committed by a Tier I offender.
Tier I Offenses require registration for 15 years and annual verification. This tier is for sex offenses that do not fall into the higher tiers, and includes both felonies and misdemeanors. States can include any conduct that by its nature is a sex offense, although Tier I is generally reserved for nonviolent offenses where the victim has reached the age of consent:
  • sexual contact without permission, 18 U.S.C. 2244(b)[29]
  • offenses involving simple possession of child pornography,
  • offenses involving public indecency (some states limit this to where the victim is a minor),
  • offenses involving voyeurism, 18 U.S.C. 1801[35]
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ShysterJon's Avatar
tigercat is right in stating that sex offender registration laws vary state by state. The Missouri State Highway Patrol has an information page:

"Sex Offender Fact Sheet"

...that lists the offenses for which a convicted defendant must register as a sex offender. Plain-vanilla prostitution is not listed.
Louisiana is currently the only State I am aware of that mandates (requires) registration on the offender list for convictions related to this endeavor. In both Kansas and Missouri (two area I primarily engage in this enterprise), registration is not mandated - however, in both Kansas and Missouri, the judiciary has forced individuals to register for convictions not delineated within the statute by the legislature. In particular, one instance of a gentleman being forced onto the registry for indecent exposure while urinating in public immediately comes to mind (Missouri).

The short answer to the OP's question is that in Missouri a conviction with regard to this endeavor is not a "registrable" offense as delineated by the legislature but it MAY be required by the judiciary at sentencing (but, most likely over-turned upon appeal). Bottom line, unless there are incredible extenuating circumstances or you have been convicted habitually (you have high recidivism for the same or similar offense), your chances of having to worry about the sex offender registry are pretty much nil.

Best,

- Jackie