---
kind: "section"
citation: "28 C.F.R. § 811.4"
title: "28"
number: "811.4"
heading: "Determination of the obligation to register and the length of registration."
url: "https://uscodex.org/cfr/28/811.4"
---

# §811.4. Determination of the obligation to register and the length of registration.

- (a) If the Superior Court finds that a person committed a registration offense, the Superior Court enters an order certifying that the person is a sex offender and that the person is subject to registration for a prescribed period of time (see [§ 811.6](/cfr/28/811.6.md)).
- (b) If a court order has not been entered certifying that a person is a sex offender and that the person is subject to registration for a prescribed period of time, CSOSA makes those determinations. CSOSA also determines the notification classification if the Court has not done so. Facts on which CSOSA's determination may be based include:
  - (1) The offense or offenses of conviction (or finding of not guilty by reason of insanity) or a determination that the person is a sexual psychopath;
  - (2) For certain offenses, facts that may not be apparent on the face of the conviction (or finding of not guilty by reason of insanity), such as:
    - (i) the age of the victim;
    - (ii) whether force was involved; or
    - (iii) whether the offense involved an undercover law enforcement officer who was believed to be an adult;
  - (3) Prior criminal history;
  - (4) For an offense committed in or prosecuted under the law of another jurisdiction, whether the offense involved conduct that was the same as or substantially similar to a District of Columbia registration offense; and
  - (5) The amount of time that has elapsed as computed under [§ 811.6](/cfr/28/811.6.md).

## Notes

### Authority

Authority: DC ST sec. 24-133 and the District of Columbia Sex Offender Registration Act of 1999, D.C. Law 13-137.

### Source

Source: 67 FR 54095, Aug. 21, 2002, unless otherwise noted.