Is It a Crime to Fail to Register as a Sex Offender?

Failure to register as a sex offender can lead to separate criminal charges

Is It a Crime to Fail to Register as a Sex Offender?

If you are convicted of certain sex offenses under California law, then you are required by law to register as a sex offender. What happens if you fail to register?

Two California men recently learned the hard way that not complying with their registration duties can lead to further criminal consequences. According to reports, two residents of San Benito County were each arrested by the San Benito County Sheriff’s Office. The first man, Jonathan Fidone, had registered as a sex offender after being released from prison on February 5. However, state law requires that convicted sex offenders re-register annually within 5 days of their birthday. Mr. Fidone failed to register again after his birthday in March. The second man, Gaetano Addamo, was arrested for failing to register as a sex offender.

According to a criminal lawyer Santa Ana, CA, California’s Sex Offender Registration Act requires anyone who lives in California after being convicted after a California sex crime to register with the police in the city or county where they live. Sex offender registration must be renewed every year, within 5 working days of the person’s birthday and every time that person moves to a new address.

If a person knowingly and willfully fails to register as a sex offender, he or she can be charged with failure to register. This offense is a misdemeanor, punishable by a maximum sentence of 1 year in county jail. However, if the underlying offense that led you to be on the sex offender registry, or if you have failed to register more than once, then it will be charged as a felony. In that case, it is punishable by a minimum of 16 months and a maximum of 3 years in California state prison.

The requirement to register as a sex offender is one of the most severe consequences of being convicted of a sex crime in California. Depending on the offense, a person convicted of a sex crime will be required to register for either a minimum of 10 years, 20 years, or for life.

There are defenses to a failure to register as a sex offender charge. As a skilled criminal lawyer Santa Ana, CA can explain, if you attempted to register but your information was somehow not received or lost, then this may be a defense. Alternatively, if your failure to register was not willful, then you could argue that you should not be charged with this crime. This means more than you simply forgetting to register or not understanding your obligation. It may require proof of something more, such as you being in the hospital and being physically unable to register, for example.

If you have been convicted of a sex offense, it is important to understand your rights and obligations as you move forward with your life. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal lawyer Santa Ana, CA.

.
Call Us Today