Maryland

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Summary of Maryland's Law

In response to public safety concerns focusing on child sexual offenders and individuals who commit sexual offenses in general, Congress passed the "Wetterling Act" in 1994.¹ Chapter 142 of the Acts of the General Assembly of 1995 was Maryland's first response to the new federal requirements setting out minimum standards for state sex offender registration programs. Since its inception, Maryland's law, codified in the Criminal Procedure Article, §§ 11-701-11-721 of the Annotated Code of Maryland, has been amended several times,² so that it now has become a comprehensive framework reflecting the gradual evolution of federal legislation and corresponding regulations. Under the law, the Department of Public Safety and Correctional Services is charged with certain responsibilities, among which is the creation and maintenance of a central registry of individuals convicted of certain crimes against children and other sexual offenses. Accordingly, the Department established the Sex Offender Registry Unit which is administered by the Information Technology and Communications Division. This unit maintains the central registry, disseminates information from the central registry, and promotes public education and awareness concerning the availability of information under this law. Briefly stated, Maryland's registration program encompasses four categories of individuals required to register because of convictions for certain crimes. Registrants may be Maryland residents or non-residents. The minimum term of registration is 10 years. However, most registrants, including those whose crimes are classified as "aggravated" or who have committed a second violation, must register for life. All registrants must re-register twice a year, and there are penalties for failure to register or for providing false information. 1 The Jacob Wetterling Crimes Against Chldren and Sexually Violent Offender Registration Act, contained in § 170101 of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322, 108 Stat. 1796, 2038 (codified at 42 U.S.C. 14071) as amended by Megan’s Law (Pub. L. 104-145, 110 Stat. 1345). The Wetterling Act has been subsequently amended and supplemented by the Pam Lychner Sexual Offender Tracking and Identification Act of 1996 (Pub. L. 104-236, 110 Stat. 3093, codified at 42 U.S.C. 14072); by Section 115 of the General Provisions of Title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (the “CJSA”), 1998, Pub. L. 105-119, 111 Stat. 2440, 2038 (codified at 42 U.S.C. 14071); and most recently by the Victims of Trafficking and Violence Protection Act of 2000, P.L. 106-386, of which Title VI is the Campus Sex Crimes Prevention Act. More information about the Wetterling Act can be found at