FIRST TIME OFFENDERS MAY GET OFF THE HOOK WITH PRE-TRIAL INTERVENTION

Posted By Posted By Parks & Braxton, PA || 23-Oct-2014

In Florida, a “sex offender” is a person who has been convicted of committing, or attempting, soliciting, or conspiring to commit enumerated sex crimes, including: kidnapping, false imprisonment, luring or enticing a child, sexual battery, transmitting child pornography, selling or buying minors, and sexual misconduct among others.

In Florida, sex offenders must report in person to the sheriff’s office in the county where the offender has established or maintained a permanent or temporary residence, within 48 hours of establishing that temporary or permanent residence, or within 48 hours of being released from custody, control, or supervision of the Department of Corrections, or from custody of a private correctional facility.

Whenever a sex offender moves out of a permanent residence, and fails to establish or maintain another permanent or temporary residence must, within 48 hours of leaving the residence, report in person to the sheriff’s office in the county where he or she is living.

During this time, the offender must provide an address for the home or location where he or she will be occupying until they establish a temporary or permanent residence. This does not apply to a sex offender who is also a sexual predator as covered under Section 775.21.

If a sex offender wishes to move to another jurisdiction or state, they must report to the sheriff in the county where they are located within 48 hours of moving to another state or jurisdiction. Once the sex offender provides ample notice, the sheriff will immediately notify the applicable statewide law enforcement agency in the jurisdiction or state of the sex offender’s intended residence.

What happens if you don’t comply with these requirements?

If you are a sexual offender who intends to move to another home, or if you intend to move to another jurisdiction, or even another state and you fail to notify your local sheriff’s department within the 48 hour timeframe, you would be committing a felony of the third degree, punishable by:

• Up to five years in prison (Section 775.082)
• A fine not to exceed $5,000

If a sexual offender is charged with failure to register and asserts a lack of notice of the duty to register as a defense, he or she must immediately register. If a sex offender is charged with a subsequent failure to register, he or she may not assert the defense of lack of notice of the duty to register.

Arrested for a sex crime? Contact Parks & Braxton, PA.

If you have been arrested for a sex crime such as sexual battery, indecent exposure, molestation, or for any other sex offense, or if you failed to register as a sex offender after a conviction, you are urged to contact a Miami criminal defense attorney from Parks & Braxton, PA. In a free case evaluation, we can answer your questions and explain which legal strategies we would use in your defense. Call our office today at (888) 460-7373!