Failing To Register As A Sexual Offender
In Florida, if a person is designated as a “sexual offender” under Florida Statute 943.0435, they are required to register with the sheriff’s office. There is a continuing obligation to register within the proscribed time frames found in the statute. Failing to register is a crime in and of itself.
When facing these charges, it is important to have a lawyer who can help you overcome them. My name is Jenna Finkelstein. At the Finkelstein Firm, P.A., in Clearwater, I can help you pursue the ideal outcome in your situation.
What Requirements You Need To Abide By
Under Florida Statute 943.0435(9), a sexual offender who has established or maintained a permanent, temporary or transient residence in the state of Florida and fails to register as required commits a felony in the third degree.
The requirements that could result in an arrest and conviction under this statute are:
- Failing to register in person at the sheriff’s office within 48 hours after establishing permanent, temporary or transient residence within the state
- Failing to report in person at the sheriff’s office within 48 hours of being released from incarceration
- Failing to register in person at the sheriff’s office of the county where the person was convicted of an offense requiring registration
- Failing to provide the sheriff’s office with certain required items or documents
- Failing to report in person at the sheriff’s office within 48 hours after any changes in vehicles owned to report the changes
- Failing to provide the sheriff’s office with information (i.e., criminal and corrections records, nonprivileged personnel and treatment records, and evidentiary genetic markers) that the defendant knew had been deemed necessary by the Florida Department of Law Enforcement and that was available
A prosecution for failure to register as a sexual offender may take place in the county where the act or omission was committed; in the county of the person’s last registered address; in the county in which the person was convicted of the crime requiring registration; in the county where the person was released from incarceration; or in the county of the intended address that the person provided prior to their release from incarceration.
Additionally, a sexual offender must immediately register following an arrest for failing to register. Failure to immediately register is grounds for an additional charge of failure to register.
A felony in the third degree is punishable by up to five years in prison and a maximum fine of $5,000. It is a defense to the crime of failure to register if the defendant attempted to comply with the requirements of registration and was misinformed or otherwise prevented from complying by the office of the sheriff. Registration following an arrest is not a defense to the initial charge of failure to register.
Let Me Stand Up For Your Needs
You may have been accused of failure to register as a sexual offender, but that does not mean that you are guilty. Because of the complexities and stringent requirements of this law, it is imperative that you speak with an experienced sex crimes lawyer right away.
If you or someone you know has been accused of failure to register as a sexual offender in Pinellas County or the Tampa Bay area, then it is very important that you contact an experienced sex crimes attorney immediately. My team of investigators and experts and I are highly experienced in defending sex crimes, and I will begin building your defense today.
Contact me for a free analysis of your case at my local office, located in Clearwater. Contact me today at 727-202-4418 or email my firm here to learn about your legal options if you have been accused of failure to register as a sexual offender. Start building your defense immediately.