Sex Offender Registration
The obligation to register as a sex offender is often the most severe penalty in any case involving an allegation of a sex crime. In the majority of the cases handled by our criminal lawyers, our clients’ worst fear is the threat of serving time in the county jail or going to prison in the Florida Department of Corrections. However, if a client’s case involves an allegation of a sex crime the fear of incarceration remains but it is overwhelmed with the dread of being forced to register as a sex offender and the restrictions and embarrassment that follow. Each attorney in our firm understands the process for sex offender registration, the limitations it places on our clients, and the embarrassment of being on a public website for all to see. Our firm has been successful in helping our clients avoid this stigma. Our policy in cases where the evidence is in the State’s favor is to get out in front of the case before the State Attorney files the charge and attempt to negotiate a plea for a charge reduction with the hope of avoiding this dreaded status. In the alternative, if we recognize that the evidence against our client is marginal we believe due diligence as early as possible is still required so as to gather all evidence available to support our client’s position. Regardless of the facts of any case involving the chance, however so slight, that you may have to register, the name of the game is diligence and early attack. That style has been employed by our firm from the day we earned our bar card and it has paid off for many of our clients.
Sex Offender Registration is governed by Florida Statute 943.0435. This statute dictates that certain criminal convictions require that individual to register with the State as a sex offender regardless of whether his or her plea resulted in the Judge rendering an adjudication of guilt or withhold of adjudication. That list of crimes is as follows:
- Kidnapping a child less than 13 years of age under FS 787.01
- False Imprisonment of a child less than 13 years of age under FS 787.02
- Luring or Enticing a child less than 13 years of age under FS 787.025
- Human Trafficking related to sexual conduct under FS 787.06(3)(b), (d), (f), (g), (h)
- Sexual Battery under FS 794.011 except subsection (10)
- Unlawful Sex with Certain Minors under FS 794.05
- Procuring a Person under 18 for Prostitution under FS 796.03
- Selling or Buying a Minor for Prostitution under FS 796.035
- Lewd and Lascivious offenses upon or in the presence of a person less than 16 years of age under FS 800.04
- Video Voyeurism by an individual 18 or older upon a child less than 16 years old under FS 810.145(8)
- Lewd and Lascivious offenses upon or in the presence of an elderly person or disabled person under FS 825.1025
- Sexual Performance by a Child under 827.071
- Protection of Minors, prohibition of certain acts connected with obscenity under FS 847.0133
- Computer Pornography involving a minor, Traveling to meet a minor under FS 847.0135 except subsection (6)
- Transmission of Porn by Electronic Device under FS 847.0137
- Transmission of Material Harmful to Minors by Electronic Device under FS 847.0138
- Buying or Selling Minors under FS 847.0145
- Sexual misconduct, reporting requirements under FS 985.701
This statute further calls for anyone convicted in another state of a crime similar to the ones listed above to register with Florida thereby allowing law enforcement to monitor their movement.
Sex offender registration is taken very seriously in Florida. Failure to Register as a Sex Offender can result in an individual being charged with a third degree felony in most instances and a second degree felony in some. Each attorney at The Mayberry Law Firm understands the nature and requirements of sex offender registration. If you have been charged with a crime where registering is a potential consequence, or you have been charged with failing to register as a sex offender, contact a sex offender registration lawyer in our office at 813-444-7435 immediately.