Failing to Register as a Sex Offender and the Consequences
In California, those convicted of sex crimes must register as a sex offender. This registry must always remain up-to-date as it is an active list that the state and the community can routinely check. Furthermore, each conviction carries different requirements on how long the convicted individual must remain registered. If a person fails to register or renew their registration, they can face an additional criminal charge (and possible conviction). Therefore, if you have been legally mandated to register as a sex offender and renew your registration at certain periods, then it is imperative that you do so. If you have any questions about your rights and the law, please contact us for more information.
The Elements to Prove for Conviction
A person has to register as a sex offender if they commit a sex crime and these include, but are not limited to, the following: rape, statutory rape, and sexual battery. There are many more crimes that can require registration. Furthermore, renewal dates can vary. An important aspect of this crime is the willful intent to not register. The defendant must have intentionally failed to do so. Therefore, the prosecutor must prove several elements in order to convict the defendant: the defendant must have a previous sex crime conviction, they must be a resident of California, and the defendant must have known they are required to register and then willfully chosen not to register.
Penalties for Failing to Register
If the prosecution successfully proves the aforementioned elements without a reasonable doubt, the defendant will face either a misdemeanor or a felony. The choice between the two offenses is made based on the defendant’s principal offense. Both require serving probation and paying fines; however, a misdemeanor requires jail time whereas a felony will result in years in a state prison facility. We encourage you to reach out to us and speak with us about your case.