The Adam Walsh Act

Overview

The Adam Walsh Child Protection and Safety Act became law on July 27, 2006. Representative Mark Foley, chair of the House Caucus on Missing and Exploited Children, was a primary sponsor of the bill.

Highlights of the Act include:
  •  Creation of new substantive crimes
  •  Expansion of federal jurisdiction over existing crimes
  •  Increased statutory minimum and maximum sentences
The passage of The Adam Walsh Act has meant stronger federal penalties, including mandatory minimum sentences for more serious offenses and greater penalties for the related crimes of exploitation and transportation (trafficking). The Act has also established a complex and onerous national sex registry law.

The Act did away with the statute of limitations for most sex crimes, placed onerous restrictions on discovery for the defense in child pornography cases, and created new barriers to pretrial release.

The Act also added searches without probable cause as a discretionary condition of probation, expanded the government's authority to take DNA from those not convicted of any crime, and created new civil commitment requirements following the criminal sentence.

For those working in the sex industry, there is much to know. Producers of adult material must keep records of each performer's name and date of birth, and the location of such information must be posted on every page of a web site. The Act makes the refusal to allow the Attorney General to inspect such records at any time a Federal crime. Penalties include one year in jail, but if children are involved, the penalty is five years in prison.

For a free, confidential consultation, contact the Law Offices of Douglas Slain online, or call toll-free 888 998-5558.