Have You Been Charged With Harboring, Concealing, or Withholding Information Concerning A Sexual Offender?
Although most Georgians have never even heard of the crime of harboring, concealing, or withholding information concerning a sexual offender, law enforcement takes this offense very seriously. A conviction on this charge can result in a prison sentence and a felony record. It is critical that anyone accused of harboring, concealing, or withholding information concerning a sexual offender retain legal representation as soon as possible. Multiple defenses are often available to fight this type of charge. Contact Kimberly Berry, a top-rated Atlanta attorney, so she can review the details your case and lay out your best path forward. The sooner in the legal process you enlist the Berry Law Group in your defense, the better for your case.
Definition of Harboring, Concealing, or Withholding Information Concerning A Sexual Offender
According to the Georgia statute (O.C.G.A. 16-6-25), the crime of harboring, concealing, or withholding information concerning a sexual offender occurs when a person “who knows or reasonably believes that a sexual offender . . . is not complying, or has not complied” with their registration obligations and “who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance” commits at least one of three specified acts. These include:
Harboring, attempting to harbor, or assisting another person in harboring or attempting to harbor such sexual offender;
Concealing, attempting to conceal, or assisting another person in concealing or attempting to conceal such sexual offender; or
Providing information to the law enforcement unit regarding such sexual offender, which the person knows to be false information.
In other words, a person is guilty of this crime if they knowingly help a convicted sex offender – who is not complying with his or her legal obligations – elude law enforcement by harboring or concealing the sex offender or by lying to law enforcement.
This is not limited to interactions with the police. The statute defines “law enforcement” as “any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the detection, or investigation of crime.” This definition includes the Department of Corrections and the State Board of Pardons and Paroles.
Punishments for Harboring, Concealing, or Withholding Information Concerning A Sexual Offender
While some might view this offense as relatively minor – since it does not necessarily involve violence of malicious intent – Georgia law considers it a serious crime. A conviction for harboring, concealing, or withholding information concerning a sexual offender will be considered a felony. It carries a sentence of 5 to 20 years of imprisonment.
Why Do I Need a Sex Crimes Defense Lawyer?
Being charged with any crime is a stressful, upsetting experience, especially when it involves getting dragged into someone else's mistakes. Kimberly Berry has advocated for numerous innocent people who have been caught up in difficult circumstances through no fault of their own. She understands the delicacy of situations that may involve close friends and family members. The burden of proving guilt beyond a reasonable doubt lies with the prosecution. Kimberly will scour the evidence and review the conduct of law enforcement to determine the validity of the accusations. If you were charged with harboring, concealing, or withholding information concerning a sexual offender, but you did so unknowingly – through a misunderstanding or as a result of another person's lies – you should not be punished. Kimberly will do everything in her power to present the truth and to prove your innocence.