If you are required to register as a sexual predator in Florida and fail to do so, it is illegal and you could be charged with a third degree felony for your omission, as detailed under Florida Statute 775.21. While there is a slight difference between classification as a sexual offender and a sexual predator, both are required to keep the state updated with regard to their whereabouts on a regular basis. A convicted sex offender must update their residential information every three to six months for the rest of their life. If convicted for a felony sex crime, offenders must register two times a year; predators must do this four times a year. Not all offenders are also predators; there must be a specific finding by a court to upgrade or classify a person convicted of a sex crime as a predator.
Who Maintains the Sexual Predator Registry?
The state is mandated to maintain a registry of all sexual offenders and sexual predators; the registry is maintained by the Florida Department of Law Enforcement (FDLE). With the passage of the Public Safety Information Act of 1997, the state of Florida was the first state that made a list of sexual predators and offenders available on the internet as well as on a 24/7 hotline. This is a public safety move that gives the public a chance to know the whereabouts of proven sex criminals that may be residing near their homes, schools or workplaces.
Failure to Register Penalty
If a convicted sexual predator or sexual offender fails to register with the state of Florida there are serious consequences with many legal complications.
- The offender could be returned to prison for 5 to 15 years.
- Failing to register may violate terms of parole and that would cause a return to prison.
- Missing the time limit for registering or reregistering could result in 5 years in prison.
- The individual that fails to register could be charged with a second or third degree felony.
Restrictions Placed Upon Sexual Predators
In addition to the registration requirements, sexual predators must keep the FDLE, through an FDLE office, the Department of Corrections or a local sheriff, advised of any move of residence or intent to move to another state at least 48 hours in advance of their moving date. They must either renew or obtain a new driver’s license or ID card that indicates they are a sexual predator and make address changes with the DHSMV within 48 hours. If they change their mind about moving out of Florida, this must be reported within 48 hours of the intended moving date to the FDLE or sheriff or face a second-degree felony charge.
Florida Sex Crimes Attorneys Can Help
Musca Law has a sex crime team of attorneys with over 100 years combined experience defending persons accused of or arrested for sex crimes. An early move to obtain a Florida sex crimes attorney is the best way to mount an effective defense against accusations and evidence that could take away your freedom and add your name to the National Sexual Offender Registry.
The state will push hard for conviction on a sex crime; they then will have control of the rest of your life with regard to where you are allowed to reside, work and travel. Once you have a sexual offense on your criminal record, it becomes public knowledge forever.
Call now if you are being investigated for a sex crime, or if you have been convicted and are having issues with forced registration as a sexual predator. Our defense team may be able to appeal your conviction and give your case a fresh start. There also are some instances where a convicted person can avoid being classified as a predator rather than an offender.
Contact Musca Law sex crimes attorneys by submitting the website contact form or call direct, 24/7, on the toll-free telephone number (800) 687-2252. Get a free case evaluation from one of our sex crimes defense lawyers in Jacksonville, Orlando, Miami or Tampa today.
