Nearly all sex offenders can still get a passport. However, sex offenders who committed child sex crimes will have a unique identifier placed on their passports. This identifier states that the person is a sex offender. Sex offenders covered by this requirement will have their normal passports revoked and replaced with one with the identifier. The passport will still allow for international travel, however.
Can registered sex offenders get a U.S. passport?
Yes, most registered sex offenders can get a U.S. passport. Only sex offenders who have been convicted of a crime of sex tourism can be denied a passport, and only then for a certain length of time. However, people who have been convicted of a sex crime involving a minor will have their passport marked with a warning on it.
When it comes to passports, sex offenders will fall into 1 of 3 groups:
- those who can get a U.S. passport or passport card with no restrictions,
- those who cannot get a U.S. passport, and
- those who can get a U.S. passport, but only one with a unique identifier on it.
1. U.S. passport book or card with no restrictions
The general rule is that sex offenders can get a U.S. passport or passport card. This includes those who currently have registration requirements on a sex offender registry.
2. No U.S. passport at all
The only sex offenders who can be denied issuance of a passport are those who:
- were convicted of a crime of sex tourism, and
- used their passport or crossed an international border in the commission of the offense.1
Sex tourism crimes are the following federal offenses:
- transportation with intent to engage in criminal sexual activity, also known as child sex trafficking,
- travel with intent to engage in illicit sexual conduct,
- engaging in illicit sexual conduct in foreign places, and
- sex trafficking.2
It also includes
- conspiracy or
- an attempt to commit any of these crimes.
However, these sex offenders cannot be denied a passport forever. Their ineligibility only lasts for a specific time period. That time period begins when the person is convicted for a crime of sex tourism. It ends on the later of the following:
- the date when the person is released from imprisonment for the offense, or
- the end of the period of parole or other supervised release.3
If the sex offender already had a passport during this covered time period, it is subject to revocation by the Secretary of State.4
3. U.S. passport book with a unique identifier
Finally, there are sex offenders who can only get a U.S. passport with a unique identifier on it.5 These are people who have been convicted of a sex offense and required to register as a sex offender for an offense against a minor.6
These offenses can include the following California sex crimes:
- lewd acts with a minor (Penal Code 288 PC),
- oral copulation of a minor (Penal Code 287 PC),
- child pornography (Penal Code 311 PC), and
- statutory rape (Penal Code 261.5 PC).
Which specific offenses are covered is determined by the Angel Watch Center at the Department of Homeland Security.
The unique identifier is a passport endorsement. It is a disclaimer printed on the inside of the back cover. It reads:
“The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).”
The U.S. Department of State began printing this identifier on covered passports on October 31, 2017. This was the date when the International Megan’s Law went into effect. This new law amended the Sex Offender Registration and Notification Act (SORNA). It is based on the domestic Megan’s Law. The law is named after Megan Kanka, a 7-year-old girl from New Jersey who was sexually assaulted and killed by someone with a history of child sex crimes.
Because the identifier is an endorsement, it cannot be printed on a passport card. This means that convicted child sex offenders have to buy a full passport book from the Department of State.
Many people with covered child sex crimes have passports that do not have the identifier on it. These unmarked passports can be revoked.7 The holder will then have to apply for, and receive, a new passport before conducting any international travel.
Will child sex offenders be refused entry into another country?
Not necessarily. Even though registered child sex offenders will have the unique identifier on their passport, that does not mean that the destination country will bar them from entry. Even those that do bar entry may do so because the traveler is a felon, not because the prior conviction was for a child sex crime.
Each country has its own rules of entry for immigrants and tourists. Most countries only need to see a U.S. passport. Only a few also require a visa. Of those that require a visa, not all will do a criminal background check as a part of the application process. This means that many countries will be unaware of an incoming U.S. traveler’s past sex crime.
However, the presence of the unique identifier on a child sex offender’s passport may lead to an increase in refusals. This is especially likely in countries that have problems with child exploitation.
If a traveler is denied entry into the destination country, the airline that brought them there will have to bring them back.
Countries that do not allow in sex offenders
Currently, the following countries do not allow in sex offenders:
- Argentina
- Australia
- Bahamas
- Brazil
- Cayman Islands
- Cambodia
- Canada
- Chile
- China
- Colombia
- Costa Rica
- Dominican Republic
- Dubai
- Ecuador
- Fiji
- Greece
- Haiti
- Honduras
- India
- Indonesia
- Israel
- Kenya
- Korea
- Jamaica
- Japan
- Laos
- Malaysia
- Mexico
- New Zealand
- Nicaragua
- Panama
- Peru
- Philippines
- Senegal
- Singapore
- St. Lucia
- Taiwan
- Thailand
- Ukraine
- United Kingdom
- Vietnam
Go to RegistrantTag’s Travel Matrix for the most up-to-date list. Also, see our article on What countries can sex offenders travel to?
Do sex offenders have any other limitations for international travel?
Yes, the Department of Justice requires people with current sex offender registry requirements to notify law enforcement of their intent to travel internationally at least 21 days before departure. The traveler must report:
- planned itinerary,
- the means and purpose of the trip abroad,
- airline and flight numbers,
- the date and place of departure from the U.S.,
- each country to be visited,
- dates and places of arrival or return to the U.S., and
- contact information while abroad.8
The registry would then forward the information to the U.S. Marshal’s Office.
Sex offenders who knowingly fail to make this report face federal criminal charges carrying up to 10 years in prison.9 Note that offenders currently on probation need to get permission to travel from their probation officer in advance as well.
Sex offenders who want to make sure they comply with the law should consider talking to a criminal defense attorney.
How do I get a passport if I am a covered sex offender?
If you are a registered sex offender convicted of a child sex crime, you must apply for a passport in person with a Form DS-11 and pay the applicable fees. In addition, you must return your past passport book or passport card (if you have one).
You will also have to submit a signed handwritten or typed statement saying you are a covered sex offender under International Megan’s Law.
If you already have a passport when you are convicted of a child sex offense, you will likely receive a notification soon that your passport was revoked and that you would need to apply for a new one.
If you have any questions, email [email protected].
Additional reading
For more in-depth information, refer to these scholarly articles:
- Sex Offender Residency Requirements: An Effective Crime Prevention Strategy or a False Sense of Security? – International Journal of Police Science & Management.
- Leveraging Information to Prevent Offending Abroad: International Megan’s Law and Sex Offender Registration Systems around the World – Gonzaga Law Review.
- The Traveling Sex Offender – The Wiley‐Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management Monitoring Movements across International Borders.
- International Megan’s Law and the Identifier Provision – An Efficacy Analysis – Washington University Global Studies Law Review.
- When a Sex Offender Comes to Visit: A National Assessment of Travel Restrictions – Criminal Justice Policy Review.
Legal References:
- 22 USC 212a(b)(1)(A).
- 18 USC 2423.
- 22 USC 212a(b)(3)(A).
- 22 USC 212a(b)(1)(B).
- 22 USC 212b(b)(1).
- 22 USC 212b(c)(1) and 34 USC 21503(f).
- 22 USC 212b(b)(1). 34 USC § 21502(3).
- Registration Requirements Under the Sex Offender Registration and Notification Act, 85 Fed. Reg. 49,353 (proposed Aug. 13, 2020) (to be codified at 28 CFR 72).
- 18 USC 2250(b).
