Failure to Register as a Sexual Offender

In Florida, if a person is designated a “sexual offender” under FL. Stat. §943.0435, he or she is required to register with the sheriff's office.  There is a continuing obligation to register within the proscribed time frames found in the statute. Failing to register is a crime in and of itself.

Under FL. Stat. §943.0435(9), a sexual offender who has established or maintained a permanent, temporary, or transient residence in the State of Florida and fails to register as required commits a felony of the third degree.

The requirements that could result in an arrest and conviction under this statute are:

  • Failing to register in person at the sheriff's office within 48 hours after establishing permanent, temporary, or transient residence within the state
  • Failing to report in person at the sheriff's office within 48 hours of being released from incarceration
  • Failing to register in person at the sheriff's office of the county where the person was convicted of an offense requiring registration
  • Failing to provide the sheriff's office with certain required items or documents
  • Failing to report in person at the sheriff's office within 48 hours after any changes in vehicles owned to report the changes
  • Failing to provide the sheriff's office with information (i.e. criminal and corrections records, nonprivileged personnel and treatment records, and evidentiary genetic markers) which the defendant knew had been deemed necessary by the Department of Law Enforcement and which was available

A prosecution for Failure to Register as a Sexual Offender may take place in the county where the act or omission was committed; in the county of the person's last registered address; in the county in which the person was convicted of the crime requiring registration; in the county where the person was released from incarceration; or in the county of the intended address that the person provided prior to their release from incarceration.

Additionally, a sexual offender must immediately register following an arrest for failing to register.  Failure to immediately register is grounds for an additional charge of failure to register.

PENALTY

A felony of the third degree is punishable by up to five years in prison and a maximum fine of $5000.00.    

DEFENSES

It is a defense to the crime of Failure to Register if the defendant attempted to comply with the requirements of registration and was (1) misinformed or (2) otherwise prevented from complying by the office of the sheriff.

Registration following an arrest is NOT a defense to the initial charge of Failure to Register. 

Get the Right Defense with a FREE Case Review

You may have been accused of Failure to Register as a Sexual Offender, but that does not mean you are guilty. Because of the complexities and stringent requirements of this law, it is imperative that you speak with an experienced sex crimes lawyer right away.

If you or someone you know has been accused of Failure to Register as a Sexual Offender in Pinellas County or the Tampa Bay area, it is very important that you contact an experienced sex crimes defense attorney immediately. Our team of attorneys, investigators and experts are highly experienced in defending sex crimes and will begin building your defense today.

Contact us for a free analysis of your case at our local office located in Clearwater, Florida. Contact Powers Sellers & Finkelstein, PLC today at 727-531-2926 today to learn about your legal options if you have been accused of Failing to Register as a Sexual Offender. Start building your defense immediately!

Keep Calm. Call Us.

Best client service

We make sure to be there for our clients every step of the way.

Amazing track record

We will put our long-standing record of success to work for you.

Top litigators

Our team has over 30 years of litigation experience.

Expert problem solvers

No problem has been proven too big for us to handle.

Contact Us Today

Powers Sellers & Finkelstein is committed to answering your questions about Criminal Defense law issues in Florida. We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.