Failure to Register as a Sexual Offender in Florida

Failure to Register as a Sexual Offender is committed when a person fails to comply with Florida’s sexual offender or predator registration requirements.

Florida Statute 943.0435 requires all sexual offenders and sexual predators to comply with a number of statutory registration requirements, including:

Reporting in person to the sheriff’s office to register within 48 hours of [1]:
- Establishing a permanent, temporary, or transient residence in Florida; or
- Being released incarceration.
Registering in person at a local driver license office of the DHSMV within 48 hours of initial registration; [2]
Reporting in person to the sheriff’s office to reregister: [3]
1. twice a year for sexual offenders;
2. four times a year for all sexual predators, specified sexual offenders, and all juvenile sexual offenders; and
3. every 30 days for a sexual offender or sexual predator with a transient residence.
Reporting any updates or changes of information (such as name, address, contact information, etc.) since the offender’s last registration. [4]

Definition of Failure to Register as a Sexual Offender

Under Florida Statute 943.0435(2), the crime of Failure to Register as a Sexual Offender is committed when a sexual offender or predator knowingly fails to comply with Florida’s sexual offender or sexual predator registration requirements.

Penalties for Failure to Register as a Sexual Offender

Failure to Register as a Sexual Offender is a Third Degree Felony punishable by up to five years in prison, five years of probation, and a $5,000 fine.

Under Florida’s Criminal Punishment Code, Failure to Register as a Sexual Offender is assigned a Level 7 offense severity ranking and, absent prior criminal history or grounds for a downward departure sentence, a judge is required to sentence a person convicted of Failure to Register as a Sexual Offender to a minimum sentence of 21 months in prison.

Impact of Prior Criminal Record

Since a sexual offender or sexual predator must have been convicted of a sexual offense to qualify as a sexual offender or predator in the first place, a judge is often required to sentence a person convicted of Failure to Register as a Sexual Offender to an even higher minimum prison sentence than 21 months in prison under Florida’s Criminal Punishment Code.

Defenses to Failure to Register as a Sexual Offender

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Failure to Register as a Sexual Offender are:

Closed for Business

It is a defense to the crime of Failure to Register as a Sexual Offender if the sexual offender or predator’s reporting date fell on a day the local offender registration office, sheriff’s office, or DHSMV office was closed for business either due to holidays, natural disasters, or normal weekend closures. Under such a circumstance, the reporting date will fall on the next business day the offender registration office, sheriff’s office, or DHSMV office is open for business. [5]

Misinformation or Prevention by Law Enforcement

It is a defense to the crime of Failure to Register as a Sexual Offender if the sexual offender or predator attempted to comply with the reporting and registration requirements but was prohibited from doing so as a result of misinformation or actions of law enforcement or other state agents. [6]

Contact Criminal Defense Attorney Richard Hornsby

If you have been arrested or charged with the crime of Failure to Register as a Sexual Offender in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.