Sex Offender Registration FAQs
Being convicted of any crime necessarily entails some type of punishment. And, for most people, the thought of spending time in jail is the worst punishment imaginable. However, for those who’ve been convicted of a Florida sex crime, the punishment doesn’t stop once they’ve been released from prison. This is because, under Florida law, anyone convicted of a child pornography offense or any other sex crime must register as a sex offender for the rest of their lives.
At the Mayberry Law Firm, we understand what is at stake in a sex crime prosecution. We recognize that being required to register as a sex offender will impact every aspect of your life, from who your friends are to how your family treats you to finding gainful employment. We’ve also seen from experience that those clients who have a greater understanding of the process are able to withstand the stress more effectively and have the knowledge needed to make the best decisions about how to handle their case. Continue reading to review our list of sex offender registration FAQs.
- What Crimes Require Sex Offender Registration in Florida?
- What Are the Sex Offender Registration Requirements in Florida?
- How Long Is Someone Required to Register as a Sex Offender in Florida?
- What Is the Penalty for Failure to Register as a Sex Offender?
- Do You Have Questions About Florida’s Sex Offender Registration Requirements?
Florida Statutes § 943.0435 provides a list of all the registrable sex offenses, which include:
- Computer Pornography (§ 847.0135)
- False Imprisonment of a Minor (§ 787.02)
- Human Trafficking (§ 787.06(3))
- Kidnapping a Minor (§ 787.01)
- Luring or Enticing a Child (§ 787.025(2)(C))
- Possession of Child Pornography (§ 827.071)
- Presenting Obscene Material to a Minor (§ 847.0133)
- Prohibited Sexual Misconduct (§ 393.135(2))
- Promoting Child Pornography (§ 827.071)
- Sexual Battery (§ 794.011)
- Sexual Performance by a Child (§ 827.071)
- Transmission of Child Pornography by Electronic Device (§ 847.0137)
- Transmission of Material Harmful to Minors (§ 847.0138)
- Use of a Child in a Sexual Performance (§ 827.071)
- Video Voyeurism of a Minor (§ 810.145(8))
Those who are subject to sex offender registration in Florida must diligently comply with all requirements, which include registering with the local sheriff’s office in-person, providing them with the following information:
- Date of birth,
- Eye and hair color,
- Social Security number,
- Height and weight,
- Any tattoos or other distinguishing marks,
- Finger and palm prints,
- Make, model, color, vehicle identification number, and license plate number of any vehicles owned,
- Home and cell phone numbers,
- Email address,
- Internet identifiers, and
- Information about their qualifying conviction.
Additionally, registrants must inform the sheriff’s department within 48 hours if they move or purchase/sell a vehicle. This is a summary of the Florida sex offender registration requirements; it is not a complete list. For more information, consult Florida Statutes § 943.0435.
Unlike many other states, Florida law provides for lifetime registration after someone is convicted of a qualifying sex crime. However, there are a few ways to remove this requirement. First, if you obtain a full pardon or have your conviction vacated in post-conviction proceedings, you will no longer be required to register. Second, if you were convicted of certain sex crimes, you may ask the court to terminate your registration requirement. However, you can only seek this relief after waiting 25 years from the date the confinement, supervision, or sanction ends, so long as you have no arrests within that 25-year period. You may be able to petition the sentencing court, the court where you live, or the court in the last city you lived in before moving out of Florida. While this process offers an opportunity for relief, it is critical to ensure the petition is in total compliance or it will be denied.
Under Florida Statutes § 943.0435 failure to register as a sex offender is considered a felony of the third degree. However, in certain circumstances failure to register can be a felony of the second degree. For example, if someone provides notice to the sheriff that they intend to move, they must either move out of that residence or, within 48 hours of their supposed move-date, must inform the sheriff they are not moving. Failure to comply with this requirement will result in a person being charged with a felony of the second degree.
If you were recently arrested for a Florida sex crime or are already subject to the registration requirements and face failure-to-register charges, these sex offender registration FAQs may not have addressed your specific inquiry. If that’s the case, reach out to the dedicated Hillsborough County criminal defense lawyers at the Mayberry Law Firm. At the Mayberry Law Firm, we have over a decade of experience defending clients charged with serious sex offenses, aggressively pursuing the best possible result in every case. We are also familiar with Florida’s registration requirements, and represent clients who allegedly failed to register as a sex offender. To learn more, and to schedule a free and confidential consultation, give the Mayberry Law Firm a call at (813) 444-7435. You can also reach us through our secure online contact form.