Have You Been Charged with Failure to Register As A Sex Offender?

In the state of Georgia, as in other states across the country, a person convicted of a sexually based offense will likely have to register as a sex offender. This can be a confusing, onerous process – one that must often be completed during a time of transition and uncertainty. Furthermore, the severe limitations placed on registered sex offenders, including restrictions on where they can work, live and even visit, make the prospect of registration deeply unsettling.

Despite these difficulties, it is very important to keep up with all registration requirements. A conviction for failing to register as a sex offender can bring severe consequences, including a lengthy prison sentence. If you have been accused of committing this offense, it is critical that you have an aggressive attorney who specializes in sex crimes in your corner. Kimberly Berry is an experienced Georgia lawyer who has helped numerous clients navigate the process of sex offender registration. She understands that mistakes can be made, even by those who are trying to comply, and will listen to your story with an open mind and no judgment. The sooner you retain legal representation, the better the chances for your case, so contact the Berry Law Firm for a consultation as soon as possible.

Georgia Law - Failing to Register As a Sex Offender

Anyone required to register as a sex offender must complete a series of specific steps, or risk being in violation of the law. According to the regulations of the state of Georgia (O.C.G.A. 42-1-12), anyone required to register as a sex offender must “provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation.” Next, they are required to “register in person with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state.” Even homeless individuals are required to register “with the sheriff of the county in which the sexual offender sleeps.”

After the initial registration, the individual is required to periodically update their status, renewing their registration information “by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted.” If the individual changes the location in which they reside or sleep, they must update their registration information within 72 hours.

The law states that any individual who “fails to comply with the requirements” as laid out or “provides false information” or “fails to respond directly to the sheriff of the county where he or she resides or sleeps within 72 hours prior to such individual's birthday” is guilty of the crime of failing to register as a sex offender.

Punishments for Failing To Register As A Sex Offender

While some consider this offense to be minor, especially when compared to other sex-related crimes, it is taken quite seriously by the authorities and can result in harsh penalties. A conviction for failing to register as a sex offender is considered a felony and carries a sentence of one to 30 years in prison for a first offense. A second or subsequent conviction for this crime can lead to a sentence of five to 30 years in prison.

Why Do I Need a Sex Crimes Defense Lawyer?

In her role working with those accused of sex crimes, Kimberly has witnessed the difficulties individuals can face trying to get their lives back on track after they have paid their debt to society. She has witnessed well-meaning people run afoul of their registration requirements, often due to simple mistakes or confusion. Kimberly's goal is to assist her clients, giving them the best chance to become productive members of society. This effort begins by keeping a registration mistake from sending them back to prison and reversing any progress they have made since their conviction.

Failing to register as a sex offender is a strict liability crime, meaning that you can commit this crime unintentionally and still be guilty. While saying you forgot to register may not be an effective defense, there are other circumstances that can merit a not guilty verdict. If a clear mistake was made on the part of the registration authorities, or if the charges were a result of confusion over your true place of residence, you are not guilty and should not be convicted. Contact the Berry Law Firm today so Kimberly can review your case, lay out your best options, and work with you to find the best path forward.