A Sex offender, as the word itself suggests, is anyone who is convicted of any sex crime. According to Collins Dictionary, a Sex offender is a person who has been found guilty of a sexual crime such as rape or sexual assault. In the United States of America, the Wetterling Act requires states to maintain registries of Sex offenders and crimes against children. Convicted Sex offenders, when released back to the community, are mandatorily registered into the Sex Offender Registry to track their whereabouts and monitor activities. Sex Offender Registries exist at both, the Federal level and the State level. The Adam Walsh Act (AWA) is a Federal statute in the USA that requires registered sex offenders to be classified into three tiers or levels. Let us know more detail about ‘Level 3 Sex Offender’.
Level 3 Sex Offender
Classification of Sex Offenders
The classification of the registered Sex offenders is based on the crime committed by them and the possibility of recidivism. Level 3 (L3) Sex Offenders are the most abominable of all the sex offenders. L3 Sex Offenders are those who commit sexual offences of higher degree, such as Rape, Aggravated Sexual Abuse, and Sexual Acts with prepubescent minors, and have higher chances to re-offend.
They pose the greatest risk to public security. L3 Sex Offenders are awarded the highest custodial sentences. Level 1 Sex Offenders are those who commit less serious crimes, such as possession of illegal pornography, public indecency etc., and are unlikely to re-offend. Level 2 Sex Offenders, in the eyes of the law, are those who have a higher likelihood of re-offending and thus pose a moderate risk to the security of the public. Level 2 Sex Offenders commit offences such as distribution/publication of child pornography, indulging in sexual acts with minors aged 12-15 years etc.
Publicly Available Information
Megan’s Law, which is a Federal Law in the USA, requires the law enforcement agencies to make the information about the sex offenders publicly accessible. Level 3 Sex offenders are mandated to be registered in the Sex Offender Registry for their entire lifetime and information about them is publicly available. L2 Sex Offenders are registered in the registry for some fixed time and after that, they can file a petition for removal of their name from the registry. Information about L2 offenders is also publicly available.
L1 Sex offenders are required to be registered in the Sex Offender Registry for the least amount of time and their information is only available to the State Authorities and Police Personnel and not to the public. L1 Sex Offenders must update their registration in the Sex Offender Registry every year, whereas L2 Offenders must do it every 180 days and L3 Offenders every 90 days. The information about the L2 and L3 Sex Offenders is publicly available to maintain the security of the society and to act as a deterrent against the possibility of future offences being by the Offenders.
Limitations Imposed Upon Level 3 Sex Offenders
- Residential Limitation – Irrespective of the fact that the crime involved children or not, registered L3 sex offenders are directed to live 500 to 3000 feet away from any place that is frequented by Children such as Schools, Playgrounds, Day-care facilities etc.
- Professional Limitation – L3 Sex Offenders are not allowed to take up any job that involves contact with children or minors.
- Travelling Limitation – For interstate travelling, L3 sex offenders are required to get themselves registered in the Sex Offender Registry of the destination state. Also, L3 offenders who commit offences involving children, get their passports uniquely marked with an identifier which indicates that the said person is a sex offender.
Conclusion
Sex Offender Registration laws require the sex offenders to be registered in the Sex Offender Registry. The AWA then requires that these registered sex offenders be classified into three tiers or levels based on the crimes committed by them and the risk of recidivism. Level 3 Sex offenders are those who commit the most heinous and severe sex crimes which include Violence and/or Prepubescent minors. Also, they are required to be registered in the Sex Offender Registry throughout their life.
Frequently Asked Questions (FAQs)
Q1. What is a Level 3 Sex Offender?
A1. A Level 3 Sex Offender is a person who commits higher level sex crimes, such as rape, aggravated sex assault etc., and has a high chance of recidivism.
Q2. How is a person classified as a Level 3 Sex Offender?
A2. A person is classified as a Level 3 Sex Offender based on the crime committed by him and the risk of re-offending.
Q3. Is the information about L1, L2 and L3 Sex Offenders publicly available?
A3. Information about L2 and L3 sex offenders is publicly available. But information about L1 sex offenders is restricted only to Police and other State Authorities
Q4. How long do the Sex Offenders stay on the Sex Offender Registry?
A4. L1 and L2 Sex Offenders have to stay on the Sex Offender Registry for some fixed period and then they may file a petition for removal of their name from the Registry. However, L3 Sex Offenders stay on the Registry for their entire lifetime.
