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Failure to Register as a Sex Offender

In Florida, a conviction for certain sex offenses can lead to a life-long label of sex offender. Sex offenders are required to register with their local sheriff’s office and provide the correct information at least twice a year. Failure to do so will result in a criminal charge and law enforcement will automatically be permitted to arrest you on the spot.

Most cases of failing to register as a sex offender happened because of some type of emergency or were simply a case of miscommunication. Despite this, the state of Florida will not hesitate to prosecute anyone who fails to register as sex offender in time. That is why if you’ve been arrested for failing to register as a sex offender, it’s imperative you seek an experienced criminal defense attorney as soon as possible.

Gainesville Attorney for Failure to Register as a Sex Offender in Florida

The label of sex offender is stressful enough to deal with, but if you’re facing allegations of failing to register in time it could mean additional criminal charges. If you or someone you know has been charged with failing to register as a sex offender, then it’s within your best interest to contact Galigani Law Firm. Our lawyers have collectively 30 years of courtroom experience and have represented sex offenders for years.

Call Galigani Law Firm to set up your first consultation free of charge. Galigani Law Firm fights for clients in the Gainesville and greater Alachua County area including Alachua, Hawthorne, Micanopy, Waldo, Archer, La Crosse, and High Springs.

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What Are the Laws for Sex Offenders in Florida?

The state of Florida will label you a sex offender if you’ve been convicted of a specific crime. The status of sex offender serves as an additional condition to the person’s sentencing. They must then register in person at their local sheriff’s office at least twice a year.

A conviction for any of the following carries the requirement to register as a sex offender.

  • Types of Sexual Misconduct – Having sexual conduct with people who have developmental disabilities, as a mental health professional with your client, with a mentally ill or disabled person, or sexual misconduct with juveniles.
  • False Imprisonment – If the alleged victim was a minor and the offender wasn’t their parent or guardian
  • Human Trafficking
  • Unlawful Sexual Activity with Certain Minors
  • Selling or Buying Minors into Sex Trafficking or Prostitution
  • Video Voyeurism of a Minor
  • Sexual Performance by a Child
  • Child Pornography
  • Transmission of Child Pornography by Electronic Device
  • Selling or Buying Minors
  • Transmission of Material Harmful to Minors to a Minor by Electronic Device
  • Kidnapping - If the alleged victim was a minor and the offender wasn’t their parent or guardian
  • Luring or Enticing a Child
  • Sexual Battery
  • Procuring a Person Under the Age of 18 for Prostitution
  • Lewd or Lascivious offenses Committed on Or Near a Person Under 16
  • Lewd or Lascivious offenses Committed on Or Near an Elderly or Disabled Person
  • Acts in Connection with Obscenity

Failure to register as a sex offender is a third-degree felony, which is punishable by:

  • Up to 5 years in prison
  • A fine of up to $5,000 

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Sex Offender vs. Sexual Predator in Florida

Florida is unique to other states as it separates sexual offenders and sexual predators accordingly under the law. Sexual offenders are people who have been convicted of certain sex offenders and must register with the Sheriff’s office twice a year. Sexual predators, on the other hand, are mostly associated with sex acts involving children. 

In order to be labeled a sexual predator, the offender must have either committed a violent sexual crime, be a repeat offender, or commit a sexual crime involving a child. Some offenses that can constitute a sexual predator status is child sexual battery or public exposure in the presence of a minor. Law enforcement must also notify the community of the presence of a sexual predator if they move addresses while offenders have the option not to.

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Sex Offender Requirements in Florida

Sex offenders must face several strict requirements after they’re released. First, they must report in person to the Sheriff’s office within 48 hours of either establishing a new residence (temporary or permanent), or after being released from incarceration. At the initial registration offenders must register at their local driver’s license office of the DHSMV within 48 hours. Any change of information must be updated at the local sheriff’s office.

To remain compliant, sex offenders must register twice a year. Sexual predators and juvenile sexual offenders are required to register four times a year. Sex offenders who have a transient residence must register every 30 days until they’ve found a temporary or permanent residence. 

Sex offenders convicted of certain sex crimes must register at least four times a year, these include the following:

  • Sexual Battery
  • False Imprisonment
  • Kidnapping
  • Lewd or Lascivious Crimes Committed on or in the Presence of a Minor Under 16 – The alleged victim was under the age of 12 or the court finds the sexual act was induced by force or coercion. Lewd or lascivious offenses where the victim was under the age of 16 but older than 12 and the act was induced by coercion, force, or the minor was touched unclothed. It can also include offenses where the victim was under the age of 12 and the court finds molestation involving unclothed genitals.
  • Violation of a Similar Law in Another Jurisdiction
  • Any Attempt or Conspiracy to Commit Such an Offense

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Additional Resources

Frequently Asked Questions | FDLE Sex Offender Search – Visit the official website for the Florida Department of Law Enforcement (FDLE) to find answers to your frequently asked questions. Access the site to find answers about the Romeo & Juliet law, the process for juvenile sex offenders, and more about the civil commitment law. 

Sex Offender Registry | FDLE – Visit the official website for the Florida Department of Law Enforcement to use their sex offender and predator search. Access the site to look through the registry, see if the person is in-state, what they were convicted of, and if they’ve registered regularly.

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Sex Offender Defense Attorney in Gainesville, Florida

The requirements for sex offenders are stringent and the state of Florida isn’t very forgiving if you fail to register on time. If you or someone you know has been charged with failure to register as a sex offender, contact Galigani Law Firm. Gainesville sex offender registry attorneys at Galigani Law Firm have spent over 30 years collectively assisting those facing failure to register allegations. 

Set up your first consultation for Galigani Law Firm by calling our office at (352) 375-0812. Galigani Law Firm accepts clients throughout the Gainesville, Alachua

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