An accusation of a sex crime is an unpleasant experience for anyone, especially if it is elevated to the federal level. Once convicted of a sex crime, an individual is required by law to be listed on the Florida sex offender registry. Following state and federal registration laws is imperative and noncompliance leads to severe consequences. Penalties for failing to register can be devastating; therefore, it is imperative that you seek guidance from a federal criminal defense attorney in Tampa if you are facing federal charges for a sex crime.
In this section, we will discuss whether or not someone can be removed from the registry and the consequences for not registering. Be sure to read part one where we discuss who is required to register and the difference between a sexual predator and a sexual offender.
Registration is a lifetime requirement for sexual predators. Sex offenders who live out of state must register in Florida upon relocation. Deceased offenders are even listed on the website for one year following their death. The FDLE states that, a lifetime registration is required unless the offender has received a full pardon or post-conviction relief. Certain sexual offenders who have been released from sanctions, confinement, or supervisions can petition for removal from the registration after 25 years. However, this only applies to certain convictions and violations, as well as offenders who have maintained a clean record (no arrests since release).
Other considerations are made for certain circumstances as well. For example, the Romeo & Juliet law allows certain offenders to petition the court for relief if the victim was between the ages of 13 and 17, was no more than four years younger than the offender, and the sexual act was consensual.
Under federal law, sex offenders and sexual predators must register and keep their registration current in each jurisdiction in which they live, work, or attend school. If the individual moves out of a jurisdiction, changes their name, or switches employers or schools, they are required to inform that jurisdiction of the change within three days. A notice is even required prior to moving to a new jurisdiction. Failure to register as a sex offender or predator is a felony. Additionally, failure to register is a federal offense under the Sex Offender Registration and Notification Act (SORNA). The penalty for not registering is imprisonment of up to 10 years.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.