Registered sex offenders are generally free to obtain a passport and travel internationally. That said, there may be restrictions as to where they can go. While U.S. law does not forbid them from traveling out of the country, other countries may restrict registered sex offenders from entering once customs agents see the “sex offender” identifier on their passports.
There will also likely be notification requirements to meet before leaving. Sex offenders may also receive extra screening on return.
Can a sex offender travel internationally?
Yes, a registered sex offender can leave the United States to travel internationally. There is nothing under U.S. law that forbids them from traveling abroad.
However, some countries will refuse entry to a registered sex offender. The refusal may be based on the registration. However, it is more likely to be based on the registrant’s criminal record: Lots of countries bar travelers with felony convictions, no matter the type of offense.
Where can a registered sex offender go?
Registered sex offenders can go anywhere that does not conduct a criminal background check before letting them enter. Very few countries will inspect a U.S. citizen’s criminal history before letting them visit.
Most countries only require a valid passport issued by the U.S. government for entry. Very few countries demand both a U.S. passport and a visa. Of those that require a traveler’s visa in addition to their passport, only some require disclosure of the person’s criminal record on the visa application as well as their projected travel itinerary.
The best way to make sure that you can travel to a particular country is to get the legal advice of a local sex crimes lawyer or call the destination country’s consulate or embassy in the United States. In some countries, you may need to report to local law enforcement and inform them of your itinerary or else risk deportation.
Sex offenders who travel abroad and are then denied entry into their destination country will have to return to the U.S. The airline that brought them has to bring them back.
Go to RegistrantTag’s Travel Matrix, which compiles accounts of which countries are currently turning away 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
Do I have to notify anyone?
Yes, recent changes to the law require registered sex offenders to notify their local registry before leaving the country. If the travel is for an emergency, it has to be reported as soon as it is scheduled.
In 2016, the International Megan’s Law (IML) was signed into law. This federal law amended the Sex Offender Registration and Notification Act (SORNA).
IML requires registered sex offenders to report intended international travel to their local sex offender registry (SOR).1 Each jurisdiction’s registry will have its own rules for how this report is to be made. Sex offenders have to comply with their local registry’s rules. IML also requires that the U.S. government tell foreign officials when a registered sex offender intends to travel to their country.
Regulations by the Department of Justice require sex offenders to report international travel plans at least 21 days before leaving, and before terminating their U.S. residence.2 These regulations require the following information to be reported:
- anticipated itinerary,
- name of each country to be visited,
- dates and place of departure from the U.S.,
- dates and places of arrival or return to the U.S.,
- airline and flight numbers,
- address or other contact information, while abroad, and
- means and purpose of the international journey.3
The information is then forwarded to the U.S. Marshal’s Office. Knowingly failing to notify the appropriate authorities is a federal crime. It is punishable by up to 10 years in prison.4
This is the same federal law that requires the U.S. State Department to put unique identifiers on the passports of sex offenders convicted of sex offenses against a child. (These sex offenders may have only passport books, not cards.)5
While the goal of the legislation and regulations is to prevent child sex trafficking and sex tourism, especially in high risk areas of the world, many travelers consider the restrictions to be a violation of their human rights. The restrictions certainly make spontaneous travel plans infeasible, let alone subjecting the traveler to additional stigma and scrutiny.
What if I am still on probation?
Sex offenders who are still on probation from their sex offense conviction will face additional requirements and limitations.
Nearly everyone who is on probation has to notify their probation officer before they leave the county or state. Leaving the country will trigger this requirement, as well. Only if the probation officer approves of the travel can a sex offender leave the country.
The purpose of the travel will likely make a difference in whether it is approved or denied. If the reason is for business or a family function, the probation officer will likely allow it.
Will I be allowed back in the United States?
Many convicted sex offenders face additional screening when returning to the U.S. from abroad. While this will not prevent them from reentering, it can lead to delays on the return journey. The additional attention from law enforcement during the check-in process can also be an embarrassing and stressful travel experience.
Travelers who think they were treated unfairly can file a complaint with the Traveler Redress Inquiry Program at the Department of Homeland Security (DHS).
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:
- 34 USC 20914(a)(7).
- Registration Requirements Under the Sex Offender Registration and Notification Act, 85 Fed. Reg. 49,354 (proposed Aug. 13, 2020) (codified at 28 CFR 72).
- Same, at 49,353.
- 18 USC 2250(b).
- 22 USC 212b.
