Does The Crime Have To Be A Felony To Register As A Sex Offender

Posted on December twenty, 2021

3 mutual defenses to an allegation of failing to register as a sex offender are extenuating circumstances, a justifiable lack of awareness, and lost registration information. Showing that one of these defenses is present in your instance tin forestall a costly conviction. In many states, similar California, declining to register equally a sex offender can be a felony offense.

What are 3 defenses to failing to annals equally a sexual activity offender?

3 of the most common defenses to a criminal charge of failing to register equally a sex offender are:

extenuating circumstances outside of the defendant'south control caused the failure to register,
the accused justifiably was not enlightened of their need to register, and
the defendant did, in fact, register.

A criminal defense attorney from a reputable police business firm tin help defendants raise one of these arguments and fight against a costly criminal conviction.

1. Extenuating circumstances

By and large, prosecutors have to prove that the accused willfully failed to annals every bit a sexual practice offender. Evidence that extenuating circumstances prevented the accused from registering tin exist a strong defense. It can be particularly strong if the accused did register, only not quickly enough.

In many states, registered sex offenders have to register annually or biannually, as well as after certain events. Those events are oft things like when the registrant has:

moved,
lost his or her prior permanent address, or
enrolled in higher, or graduated from college.

Registrants often have to register very soon after one of these events. If extenuating circumstances foreclose the registrant from complying with the registration requirements, it tin exist a strong defense.

For example: Paul buys a house and moves. He has a week to update his sex offender registration. As he walks into the local law enforcement agency, he gets hit by a car. He is kept in the hospital for a month to recover.

These circumstances, though, have to exist outside of the accused's control.

For example: In an attempt to avert his sexual practice offender registry obligations, Paul throws himself in front end of a car.

two. Lack of awareness

Considering the failure to annals has to be willful, a lack of sensation tin be a legal defense. However, the lack of awareness of the person's sex activity offender registration requirements has to be justifiable, like if the defendant:

was never told near their registration obligation,
never received notifications about registering, or
has a mental wellness condition that caused their lack of awareness.

California provides an example of when a lack of awareness is justifiable or non. There, courts have ruled that defendants must have bodily knowledge of their registration obligation.ⁱ This goes across merely beingness notified of what they have to practise. The accused has to actually understand what they have to do. However, any notifications that are used can be a factor in whether the accused had actual knowledge.

For example: Juan pleads no contest to a sexual practice crime. The prosecutor tells Juan that he "will be required to register under Penal Code department 290," just Juan does non know what that means. After serving his sentence, Juan signed a certificate that informed him of his registration obligations. Withal, he had a lot of papers to sign to be released, did not have time to read them all, and had no 1 in that location to explain what his registration obligations were.^two

The lack of awareness defence cannot succeed if the defendant "just forgot" to register.³ However, forgetfulness caused by a serious psychological condition could support the defense.⁴ Those conditions include:

severe Alzheimer's affliction, or
general amnesia from severe trauma.^five

iii. Law enforcement lost the registration

Defendants accused of not registering tin likewise use testify that they actually did register. Filing errors or other instances of negligence tin lead to registration documents getting lost. Registrants may also be accused of using false information if public safety officials enter the registrant's personal data, like his or her social security number or phone number, incorrectly.

Showing that this is what happened can be a stiff defense.

Unfortunately, getting into a "he said, she said" dispute with constabulary enforcement rarely works. Registrants tin can help themselves by creating a paper trail every time they register. If they register by post, sending the document by certified mail service tin be wise. Keeping a copy of the registration is often a expert thought. A criminal defense lawyer tin can help.

What are the penalties for a failed sexual activity offender registration?

The penalties for failing to annals as a sex offender depend on the state. It may too depend on the sex crime that required registration. In the worst cases, though, convictions can oftentimes conduct up to several years in prison.

During that time, registration obligations are tolled. This means that minimum registration durations are put on hold while the accused is in prison or jail.

For example: Lou is convicted for a sex crime and has to register for a minimum of 10 years. He has v years to go when fails to register. He is sent to jail for iii years. When he is released, he will all the same have 5 years left.

Failing to register volition ofttimes lead to a revocation of parole, probation, or conditional release.

What is the law in California?

California Penal Code 290 makes it a offense to neglect to register as a sex activity offender. This country law lists the sex crimes that volition require registration. Some of these sexual offenses include:

aggravated sexual assault, when the age of the victim is under 14 (Penal Code 269 PC),
child pornography (Penal Code 311 PC),
solicitation of a pocket-size who is under 18 years of age (Penal Code 288.4 PC),
indecent exposure (Penal Lawmaking 314 PC), and
sexual battery involving unlawful restraint (Penal Code 243.iv PC).

Registrable convictions will require that the defendant register:

every twelvemonth, within 5 working days of his or her birthday,⁶ and
every time they move to a new accost, within 5 days of the motility.^seven

To prove that someone failed to annals as a sexual practice offender, prosecutors have to bear witness that:

the defendant was previously convicted a registrable criminal offense,
the accused resided in the relevant jurisdiction or municipality,
the defendant really knew of his or her duty to register as a sex offender in that jurisdiction, and
the accused either willfully failed to annals as a sex activity offender with the master of police at the local police force department or the county sheriff'south office inside five days of moving to that jurisdiction, or willfully failed to update his or her registration within 5 days of his or her birthday.^eight

Failing to register is a misdemeanor, if the underlying law-breaking was a misdemeanor. Failing to register is a felony, if the underlying law-breaking was a felony.⁹

The penalties for misdemeanor failure to annals are:

up to i yr in county jail,
up to $one,000 in fines, and/or
misdemeanor (summary) probation.

Felony failure to annals as a sexual practice offender convictions bear:

sixteen months, two years, or three years in state prison,
upwards to $10,000 in fines, and/or
felony (formal) probation.

A confidence for failure to annals will more often than not not accept any clearing consequences, though the underlying sex criminal offence may. Notwithstanding, a felony-level confidence for failing to annals may implicate the registrant's right to bear arms.

A skilled sex crimes attorney can help defendants protect their rights and futurity.

People 5. Garcia, 25 Cal.4th 744 (2001). See too California Penal Code 290 PC.
Facts from same.
People v. Barker, 34 Cal.fourth 345 (2004).
People five. Sorden, 36 Cal.4th 65 (2005).
Same.
California Penal Code 290.012 PC.
California Penal Lawmaking 290.013 PC.
California Criminal Jury Instructions (CALCRIM) No. 1170.
California Penal Lawmaking 290.018 PC.

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Neil Shouse

A sometime Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Constabulary Schoolhouse (and completed boosted graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court Television, The Today Prove and Courtroom Telly. Mr Shouse has been recognized by the National Trial Lawyers every bit 1 of the Meridian 100 Criminal and Top 100 Civil Attorneys.