Atwo Zee, Registered Traveler

Before I wrecked my life and ended up on Florida’s Sex Offender registry I always intended to travel in my retirement. Now, after prison and probation, I am in fact retired, and “free,” and have not given up my dream of seeing natural wonders and historic sites, visiting great cities, traveling to as many places as possible within the restrictions placed on me as a registered citizen.

While I may attempt traveling the world in the future, everything I’ve heard and read about International Megan’s Law requirements makes it sound difficult and even dangerous for a registered person. I therefore decided that my own home country is a pretty big place that, so far at least, nobody can keep my out of. Including all of its states and territories the United States spans half the globe and extends from the arctic to the equator. A guy could spend his whole retirement traveling this great land and never really see all of it.

As many of you may have discovered, however, interstate travel as a registered citizen isn’t as simple as getting in your car and driving away. Unless you don’t mind the prospect of inadvertently violating the registry laws of either your own state or whatever state you’re in at the time and ending up back in prison for a registry violation, it’s crucial to be conversant with and obey the registry laws of every state you plan to pass thru, which for me is every US state and territory.

The starting point for my research was the chart “Summary of State and Territorial Registration Laws Concerning Visiting and Temporary Residence by Adults” available on the Association for Constitutional Sex Offender Laws (ACSOL) website. It’s a good summary chart, but it hadn’t been updated since 2018. Using the state statute references in the ACSOL chart I downloaded every state and territory’s registry laws, read them all, updated the information on the chart and corrected any errors that I found.

I also obtained a list of phone numbers for all 50 states’ SOR offices, and called every state to ask supplemental questions. As you might expect, some SOR offices don’t answer the phone and never call back if you leave repeated messages. Some states SOR offices have outgoing messages that don’t allow you to leave a message but only refer you to unhelpful online FAQ documents. Nevertheless, I found that when I was able to speak to a real person (which was about half the time) the SOR office personnel were uniformly courteous and willing to provide helpful answers to my questions.

The result of my research is the new and improved “Summary of State and Territorial Registration Laws Concerning Visiting and Temporary Residence by Adults” chart. CLICK ON THE LINK BELOW. My plan is to keep re-researching and updating this chart for at least the next ten years (i.e. 2021-2031) while I travel the USA.

However, all of this research – whether the state laws themselves, written responses to letters, or the oral responses by a random person in a state SOR office – may bear no relation at all to what you or I may experience if pulled over by an over-eager redneck sheriff’s deputy because you have a blown tail light. Do you want to be the first person to test the limits of any of this? I’ll bet the answer to that is NO.

So be careful out there, and safe travels!

Legal Disclaimer

I AM NOT AN ATTORNEY. THIS WEBSITE IS NOT INTENDED TO PROVIDE LEGAL ADVICE AND SHOULD NOT SUBSTITUTE FOR QUALIFIED LEGAL ADVICE.

Because sex offender laws are frequently revised by legislatures and reviewed by courts, the most current version of the applicable laws should be consulted and can generally be found by using your search engine to locate the statutes referenced on this site. This website does not include all laws that may apply to registrants in any particular state.

Updated 9/22 State & Territorial Visitor Registration Laws Guide

Click HERE. It'll pop up on your screen in a separate window.

Summary Map Click HERE. It'll pop up on your screen in a separate window.

Updated 9/22 State & Territorial Visitor Registration Laws for FORMER & LONG-TERM Registrants

MANY REGISTRANTS DO NOT UNDERSTAND that most states have registration laws that apply to out-of-state visitors even if you have served your registration duty in your state of offense and are no longer required to register there. Violating these states' laws during your visit can get you caught in these states' registries or even incarcerated EVEN THOUGH you have been removed from your own state's registry!

Furthermore, you may be surprised to learn that some states' registration laws may not apply to visiting registrants who have, in your state of offense, served your registration duty for the number of years specified by law in the state you are visiting - even if you are still on the registry in your state of offense.

Because confusion surrounding this issue will be a growing problem as more and more Americans (including myself) become long-term or former registrants, I have researched the registration laws of every U.S. state and territory related to this issue.

Click HERE to see this new research.

NEW! 11/23 My 2023 NARSOL conference domestic travel presentation

I have given several presentations on domestic travel at NARSOL and other national conferences. My presentation at the 2023 NARSOL conferences was recorded and is now available as a You Tube video.

This is about an hour long but contains a lot of information about domestic travel, so Click HERE to watch.

The Traveling Registrant

The Once Fallen website offers this must-read information for all registrants planning to travel. Click here: http://www.oncefallen.com/travel.html

Unwelcome Images

My personal story of prison, probation and ... redemption? is posted on Medium. If you're interested you can click here:

https://therabbitisin.com/unwelcome-images-c06a3760b11a

Your first hurdle:

Permission to leave town

My state of offense (Florida) has a registry law that, like those of many other states, is completely silent on the question of what notice I as a registered person have to provide in the event that I intend to travel out of state temporarily but have no intention of establishing any “permanent residence,” “temporary residence” or “transient residence” in any other state. Instead, Florida’s SOR law reads as follows:

“A sexual offender who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction … The sexual offender shall provide to the sheriff the address, municipality, county, [and] state … of intended residence … The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state [or] jurisdiction … of the sexual offender’s intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as [a third degree felony].”

943.0435(7) FS.

Apparently, the drafters of Florida’s SOR law – and the many similarly worded statutes of other US states – never anticipated that a registered person would ever leave their state for any other reason than to establish a “permanent residence,” “temporary residence” or “transient residence” wherever they're going. Therefore I assume that I and many of you could legitimately assume we would be within our legal rights to just leave our state without telling anybody as long as you have no intention of, and scrupulously avoid, establishing any kind of residence that would violate your state’s statutes.

However, I DO NOT recommend doing this under any circumstances.

Why? Because there’s a 120% chance that your local sheriff’s department believes you have to tell them you’re leaving and where you’re going no matter what your state’s SOR law says or doesn’t say. Suppose you get pulled over somewhere for having a blown tail light. The sheriff’s deputy looks you up and discovers you’re an out-of-state registered offender. Next, he calls local law enforcement in your home state and asks, “Hey, did y’all know this guy was here?” They of course will say “No, we didn’t even know he left our state and we think that’s a registry violation – he is an ABSCONDER!” at which point you’ll be arrested, handcuffed and sent back to prison.

I don’t know about you, but that’s not how I want to spend my vacation.

Therefore I strongly suggest that you visit your local sheriff’s department or registry office and inform them of your intention to travel. I did this for the first time in October 2020, and have traveled out of state frequently since then, each time making sure to do so “within 48 hours before the date he or she intends to leave this state.”

Having gained some experience with traveling while registered I offer you the following advice:

Always notify your local law enforcement of your intention to travel and provide as much detail as possible about your travel plans. In particular, it helps to have at least one specific destination for your trip. Your local law enforcement is expecting you to have a destination. You probably do have at least one destination, and if it’s not a friend or relative’s home you probably had to make some kind of reservation ahead of time. Either way you know at least one address where you’ll be, so give it to the staff person behind the glass. They will feel more comfortable with this even if your plans include extended time to get to and return from the specific destination(s), during which you’ll be enjoying yourself.

I have found that if I give a general description of your travel, like some of the states you’ll be passing through, the staff person will happily enter that onto whatever form their filling out as “additional notes.” This may actually help you in case you get pulled over someplace because when the sheriff’s deputy calls your home state it’s all right there in the computer.

Recently I established a summer home in Iowa. Unlike Florida and many other states, Iowa’s registry law explicitly, but clumsily, addresses out-of-state travel. It says:

“[A] sex offender, within five business days of a change, shall also appear in person to notify the sheriff of the county of principal residence [i.e. the principle residence in Iowa], of any location in which the offender is staying when away from the principal residence of the offender for more than five days, by identifying the location and the period of time the offender is staying in such location.” 692A.105 IS.

While I was at my new Iowa sheriff’s department registering, getting photographed, fingerprinted and providing a DNA sample, I took the opportunity to ask how travel was going to work in my new state. I pointed out that although I can always provide a destination when traveling, there is no way I’ll be able provide locations and addresses ahead of time for every campground or motel room I might be staying at along the way.

The lady behind the bullet-proof glass stated that their policy for this type of travel is that I will need to keep a travel log for each trip, which I will need to turn in upon my return. This just shows how local sheriff’s departments come up with some policy to deal with these situations. As you know from reading elsewhere on this blog, I recommend you always keep a travel log as well as all receipts just in case you need to prove your whereabouts, so this sheriff’s department requirement, while ridiculous, turns out not to be a problem for me or anyone following my recommendations.

Tuesday, October 24, 2023

New Mexico

Bandera Volcano

From the 50 State Visitor Guide:

N.M. Stat. Ann. 2019 §§29-11A-1 through 29-11A-10

N.M.A.C. §1.18.790.157

Registration Triggers and Deadlines:

5 business days for initial registration & updates. §29-11A-4.

State law requires “sex offenders” to register, which includes one who: (1) establishes a residence [not defined] in NM; (2) “stays in multiple locations in NM,” or (3) is enrolled in a NM school, or (4) is employed in NM for more than 14 days or an aggregate period exceeding 30 days in a calendar year. §29-11A-3.

Visitors: NM State Police say: “If convicted prior to July 1, 2013 you will need to register if in the state of New Mexico for longer than ten (10) days. You will need to register within five (5) days if convicted after July 1, 2013.” §29-11A-4 says business days.

Residency/Presence and Other Restrictions:

State pre-emption: Cities, counties & other political subdivisions are prohibited from adopting any ordinance, rule, regulation, resolution or statute on sex offender registration and notification and from imposing any other restrictions on sex offenders that are not included in the state SOR Act. §29-11A-9.

Duration & updates:

10 years to life. Updates are every 6 mo. or every 90 days depending on offense. §29-11A-4.

Rio Grande Del Norte National Monument

Most recent visit: October 2023

If your conviction was prior to July 1, 2013 New Mexico will require you to register if in the state for longer than ten days. However, if (like me) your conviction was after July 1, 2013 you only get five days. Two pieces of good news: N.M. Stat. §29-11A-4 says that either way, it’s business days. Also, there appears to be no limit per month or year, so you can leave the state for one complete calendar day (including the two nights on either side of that day, and making sure to keep your receipts to prove your whereabouts) and restart the clock again when you return.

One other piece of very good news is that not only does New Mexico have no statewide presence or residency restrictions, it is also one of seven states that statutorily pre-empt local governments from adopting any ordinance or regulation more restrictive than state law. So you can travel in New Mexico without fear of unknowingly tripping over some local land mine.

In October 2023 I was on my way to the annual ACSOL Conference and took the opportunity to see some parts of this state I’d never visited before. I was in the state for parts of three days, entering on a Saturday and leaving on a Monday which so happened to be Indigenous Peoples Day (a.k.a. Columbus Day), so I was in New Mexico for zero business days and never actually started their five business day clock toward a registration requirement.

Entering about mid-morning of Day 1 from Colorado on I-25, I quickly ditched the interstate highway to explore New Mexico’s rugged north country on U.S. 64. Passed by Philmont Scout Ranch where I had lead a group of teens on a backpacking adventure a lifetime ago. Did not hear any hum in Taos. Took a few side trips to peak at Rio Grande Del Norte National Monument, Bandelier National Monument and Valle Grande National Preserve. All worthwhile places to visit – maybe I’ll stay longer next time.

Church in San Ildefonso Pueblo

Another interesting stop late on Day 1 was San Ildefonso Pueblo. As a rule, I have found that the people of the indigenous pueblos of the Southwest would much rather be left alone, but they know that tourists want to gawk at their pueblos, especially an authentic place like San Ildefonso. The people here have put a Visitor Center at the entrance to their pueblo (closed that afternoon on account of a traditional ceremony) and have established a short driving tour you’re allowed to take as long as you stay the heck out of the rest of their community. Very interesting!

Spent the night in Los Alamos (the town, not the military base).

On Day 2 my main adventure was Chaco Culture National Park, but that’s within the Navajo Nation which I will describe as part of my separate Navajo, Hopi & Zuni Nations post. Camped that night at El Malpais (“The Badlands”) National Monument before taking a tour of its wonders the next morning, Day 3 of my tour of New Mexico. That morning I also stopped at Bandera Ice Caves & Volcano, a private attraction that’s really worth the stop, and El Morro (“The Headwaters”) National Monument which has petroglyphs, a pueblo & kiva, and the graffiti of early Spanish explorers.

That final morning I passed through Zuni Pueblo, which I will describe as part of my separate Navajo, Hopi & Zuni Nations post. By noon I was crossing the state line into Arizona.

Carlsbad caverns

Previous visit: October 2021

When I entered New Mexico from Texas in October 2021 I had a reservation for a tour at Carlsbad Caverns. Technically, you are required to have such an advance reservation, but on the shoulder season day I arrived it wasn’t booked up so I could’ve bought the $1.00 ticket at the counter.

Wow! Best. Cavern. Ever! Just go, and you’ll know exactly what I mean.

From Carlsbad I traveled west on U.S. 82 & U.S. 70, which took me through Lincoln National Forest and past White Sands National Monument (both very beautiful in their own ways and well worth a stop) but unfortunately I couldn’t figure out how to get to Organ Mountains Nat. Mon. from any direction. Is that deliberate? The peaks sure look spectacular from I-10.

Atwo Zee, Registered Traveler

Tuesday, October 24, 2023

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