Failure to Register as Sex Offender in Florida

Have You Been Arrested for Failure to Register As a Sex Offender in Florida?

Our Aggressive Florida Sex Offender Attorney Can Help!

Sex crimes are one of the most severe offenses in Florida, especially considering the steep penalties that follow a conviction. Aside from fines and jail terms, those convicted of sex crimes must also register as sex offenders immediately after release from prison (Florida Statutes § 943.0435). This means that they will be required to submit their identifying information and residential details to their local sheriff’s office. These details will then be entered into the Florida Sex Offender Registry, which is accessible to the public.

The consequences of being a registered sex offender in Florida often last for a lifetime and are better explained than experienced. Registrants typically lose lots of liberties, including their freedom to live in certain areas and travel out of state. This is not to mention the social stigma of a sex offender designation, which also extends to the ex-convict’s family.

For the above reasons, many individuals try to escape sex offender registration. However, this is a separate offense, and persons often find themselves facing criminal charges all over again for failing to register. If this is your situation you need to speak with the Florida lawyers for sex crime defense at Taracks & Associates now.

What Does the Prosecution Need to Prove to Secure My Conviction?

Elements of the Offense of Failure to Register as a Florida Sex Offender

To be convicted for failure to register as a sex offender in Florida, the prosecution must prove the following:

• That you are a sex offender or have accepted to be designated as such (usually as part of the terms of a plea bargain).
• You are permanently, temporarily, or transiently resident in any county in Florida.
• You knowingly failed to report physically to your local county sheriff’s office within 48 hours after your release from the Florida Department of Corrections or private correctional facility’s custody.
• You purposely failed to register at the county sheriff’s office within 48 hours after a conviction by a competent court; or
• You deliberately neglected to furnish the relevant county sheriff’s office with the required information for registration.

Note: Like most other criminal cases in Florida, the prosecution needs to prove their case beyond a reasonable doubt to get you convicted.

What Are the Consequences of Failing to Register as a Florida Sex Offender?

There Are Steep Penalties Associated with Failure to Register as a Sex Offender in Florida

Failing to register as a sex offender in Florida is a third-degree felony. The punishments associated with a conviction for this offense include:

• A jail term of up to 5 years
• 5 years of probation
• $5,000 fine.

It is noteworthy that under Florida’s Criminal Punishment Code, failing to register as a sex offender is a level 7 offense. As such, it carries a mandatory minimum sentencing requirement of 21 months in prison. Furthermore, prior offenders are at risk of increased jail terms.

Are There Any Defenses for Failure to Register as a Florida Sex Offender?

How to Fight a Charge of Failure to Register As a Sex Offender

Facing a charge for failure to register as a Florida sex offender isn’t the end of the world. With help from our experienced sex offender attorneys, you can successfully raise solid defenses to this criminal charge. For example, you can provide evidence to show that extenuating circumstances, such as hospitalization, prevented you from registering. You may also allege that:

• The office was closed for business on the day you were to register.
• You were prevented from registering due to misinformation or by law enforcement.

Commonly Asked Questions

Learn All You Need to Know about Failure to Register As a Sex Offender in Florida

Making informed decisions regarding your case begins with clarifying the unclear aspects of the charges against you. To facilitate your understanding of your case, below we’ve provided answers to the most likely areas you’ll find confusing:

What Sex Offenses Mandate Sex Offender Registration in Florida? 

Qualifying sexual offenses for sex offender registration include sexual misconduct, kidnapping a minor, online solicitation of a minor, human trafficking, and child pornography. Traveling to meet a minor for unlawful purposes and performing lewd or lascivious acts on children below 16 years old also qualify for registration. If you’re unsure whether your case is a qualifying offense, our Florida sex offender lawyer can help.

What’s the Difference between a Sex Offender and a Sex Predator? 

A sex offender is one who has been convicted of a qualifying sexual crime (most of which involved minors) in Florida. On the other hand, a sex predator is a person who has been found guilty of a first-degree felony sex crime. Sex predators are also repeat sex offenders who have been so designated by a competent court.

How Often Must Sex Offenders Register with the Local Authorities in Florida?

Basic sexual offenders must fill out a registration form twice every year (on their birth month and every 6 months thereafter). Other categories of sex offenders will be required to re-register 4 times a year. The registration periods are on their birth months, then 3, 6, and 9 months after.

What Information Goes on the Registry?

Individuals are required to provide their names, dates of birth, race, and sex when registering as sex offenders in Florida. Other details to be provided include their social security numbers, occupation, residential information, identifying marks, passports, and professional license information. Their vehicle and contact information (phone numbers, addresses, and internet identifiers) will also be recorded.

Have You Been Arrested for Failing to Register as a Sex Offender in Florida?

Consult Our Sex Offender Lawyer in Florida Now!

The consequences of being a convicted sex offender don’t end after completing a jail term. Merely failing to register as a sex offender in Florida can draw you many steps backward to defending another criminal charge. However, this time around, you have a better chance of avoiding a conviction by hiring our experienced Florida sex offender attorneys.

At Taracks & Associates, our reputable criminal defense team is never confused about the next course of action in your case. We’ll aggressively defend your charges with the goal of ensuring that you don’t end up behind bars again.