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Failure to Register as Sex Offender

Sexual offenses in Florida are taken very seriously by both State and Federal law enforcement agencies, in addition to the United States Attorney’s Office and your local State Attorney’s office. Any allegation of a sex crime brings with it an intense investigation to either confirm or dispel the accusations levied. Just as sex crimes are scrutinized and prosecuted to the fullest extent, so too are the requirements of sex offenders and potential failure to comply with such requirements. Failure to register as a sex offender or sexual predator subjects an individual to very serious penalties. An individual who fails to register in accord with sexual offender mandate will be charged in most occasions with a third degree felony and in limited circumstances with a second degree felony. The criminal attorneys at The Mayberry Law Firm have enjoyed success over our careers with helping clients fight unfounded failure to register charges and in the instances where the evidence is overwhelming we have often been able to mitigate their charges, thereby avoiding jail time.

We have often thought of sex offender status, in certain situations, as a wound that just can’t heal. Not all who are convicted of sex offenses are guilty of heinous crimes glorified on Television crime shows. All too often Jason Mayberry has consoled the young man who faces charges of a sexual encounter with a girl who looked like and claimed to be a grown woman, or the individual accused wrongfully of forcible sexual battery despite no sign of anything other than a consensual encounter. If one enters a plea to a charge for fear of trial, rubbing salt into their wound is the constant burden of notifying the State of your presence seemingly every time you turn around. If you’ve been classified as a sex offender there are certain requirements that if not met, result in felony charges. Those requirements are:

A sex offender must report in person at the sheriff’s office in the county where the offender establishes or maintains a permanent, temporary, or transient residence within 48 hours after:

  1. Establishing permanent, temporary, or transient residence in Florida; or
  2. After being released from the custody of the Department of Corrections.


In the county where he or she was convicted within 48 hours of conviction for a qualifying sex offense if the individual is not in the custody or control of the Department of Corrections.

The individual must also give a laundry list of information to the sheriff for tracking purposes and must update the sheriff if any of that information should change. If an individual classified as a sex offender vacates their home and does not establish another permanent residence immediately, he or she must notify the sheriff within 48 hours of their move. Even if an individual classified as a sex offender intends to move but does not, he or she must notify the sheriff’s office of his or her failure to move within 48 hours of the intended move date. Any electronic mail or instant message names must be registered with the Florida Department of Law Enforcement prior to use. Should the individual classified as a sex offender fail to comply with any of the above requirements he or she will be charged with a third degree felony, punishable by up to 5 years in prison in addition to a $5,000 fine.

Should an individual classified as a sex offender wish to create a life in a new state, he or she must notify the sheriff where he or she resides of his or her move within 48 hours prior to his or her move date. The individual classified as a sex offender must give the sheriff the new address, town, county and state of his or her new home. If the individual classified as a sex offender makes this notification of intent to move out of state, fails to move, and subsequently fails to notify the sheriff of the failure to move within 48 hours of the expected move date, he or she will be looking at second degree felony charges punishable by up to 15 years in prison and a $10,000 fine.

Those classified as sex offenders must not only report their every move to a sheriff, DHSMV, or FDLE but they also face significant difficulty in finding living accommodations. The sex crime lawyers at The Mayberry Law Firm understand the circumstances involved in an allegation of failure to report as a sex offender. Give us the opportunity to protect you liberty while defending your case. A Tampa criminal attorney is available to you at 813-444-7435.

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