Failure to Register, Sex Offender
The Lamest Charge of the Year Award Goes To.....Failure of Sexual Offender to Report at driver's license officer or sheriff's office. Why?
First of all, it seems downright UN-American to require a citizen who's completed their sentence to jump through numerous hoops--a bureaucratic nightmare of registration requirements that constitute punishment in and of themselves--when the entire sentence is finished! That's right....this reporting requirement is like a life sentence for someone who's already served their sentence. So, before we get into the "crime" of failing to register, what is it "exactly" that a sex offender must do after his sentence is complete?
A sex offender must constantly report and register his whereabouts. Florida law requires an offender to report in person to the local sheriff's office, either twice a year or more often depending upon the type of offender conviction (see Florida Statute 944.607(13) for more details). But the fun doesn't stop with the semi-annual trip to the local sheriff's office, because the offender must also report any change in his permanent or temporary residence within forty-eight hours to the sheriff's office. At that time, the sheriff's office must take the offender's picture and take fingerprints, in addition to updating address records.
The information to be provided to the sheriff's office is extensive, and includes the address of any permanent residence or temporary residence, in state or out of state, date and place of employment, vehicle make, model, color, tag number; info regarding enrollment, employment or vocational training at an institution of higher education in Florida, plus the department's name, address, and county of said institution, including each campus attended.
It's not over. Next, within forty-eight hours of reporting to the sheriff's office, he must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles to secure a driver's license or identification card with the new address. And, to add insult to injury, the offender must pay for these renewals each time! These renewals can add up fast at the current rate of $25, when you consider that the definition of "temporary" residence is a place where you spend a total of five days a year. Yikes. This statute is one of the few to require a citizen to pay the government fees forever. Article I, Section 11 of the Florida Constitution states that "No person shall be imprisoned for debt, except in cases of fraud." But, being to poor to pay this fee may lead to criminal charges....For a more in depth analysis of the constitutionality of such constant fees, take a look at my article "Sex Offenders Will Pay Government Fees Forever."
This statute is different because it doesn't require much in the way of "scienter" or "guilty knowledge", such language is not in the statute. This does not mean, however, that the State can convict a defendant for violating this statute without knowledge of it's requirements. The element of knowledge must be included in the charge in order to lawfully convict for this crime (See State v. Giorgetti, 868 So.2d 225 (Fla. 2004).
I've saved the most offensive part of this crime for last. The most offensive part is the fact that failing to register as a sex offender is a level 7 offense. For those of you that don't follow 'scoresheet law', that's a fancy way of saying this charge basically carries mandatory prison time, by virtue of it's level (any offense of a level 7 or above is mandatory prison time, practically speaking). And, a level 7 offense carries minimum prison time for a first offender--but given the fact that this crime has a built-in sex offense prior record--stir in more prison time into the pot. So, are these charges serious? You bet. Good thing you know a defense attorney that can help fight these allegations....
First of all, it seems downright UN-American to require a citizen who's completed their sentence to jump through numerous hoops--a bureaucratic nightmare of registration requirements that constitute punishment in and of themselves--when the entire sentence is finished! That's right....this reporting requirement is like a life sentence for someone who's already served their sentence. So, before we get into the "crime" of failing to register, what is it "exactly" that a sex offender must do after his sentence is complete?
A sex offender must constantly report and register his whereabouts. Florida law requires an offender to report in person to the local sheriff's office, either twice a year or more often depending upon the type of offender conviction (see Florida Statute 944.607(13) for more details). But the fun doesn't stop with the semi-annual trip to the local sheriff's office, because the offender must also report any change in his permanent or temporary residence within forty-eight hours to the sheriff's office. At that time, the sheriff's office must take the offender's picture and take fingerprints, in addition to updating address records.
The information to be provided to the sheriff's office is extensive, and includes the address of any permanent residence or temporary residence, in state or out of state, date and place of employment, vehicle make, model, color, tag number; info regarding enrollment, employment or vocational training at an institution of higher education in Florida, plus the department's name, address, and county of said institution, including each campus attended.
It's not over. Next, within forty-eight hours of reporting to the sheriff's office, he must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles to secure a driver's license or identification card with the new address. And, to add insult to injury, the offender must pay for these renewals each time! These renewals can add up fast at the current rate of $25, when you consider that the definition of "temporary" residence is a place where you spend a total of five days a year. Yikes. This statute is one of the few to require a citizen to pay the government fees forever. Article I, Section 11 of the Florida Constitution states that "No person shall be imprisoned for debt, except in cases of fraud." But, being to poor to pay this fee may lead to criminal charges....For a more in depth analysis of the constitutionality of such constant fees, take a look at my article "Sex Offenders Will Pay Government Fees Forever."
This statute is different because it doesn't require much in the way of "scienter" or "guilty knowledge", such language is not in the statute. This does not mean, however, that the State can convict a defendant for violating this statute without knowledge of it's requirements. The element of knowledge must be included in the charge in order to lawfully convict for this crime (See State v. Giorgetti, 868 So.2d 225 (Fla. 2004).
I've saved the most offensive part of this crime for last. The most offensive part is the fact that failing to register as a sex offender is a level 7 offense. For those of you that don't follow 'scoresheet law', that's a fancy way of saying this charge basically carries mandatory prison time, by virtue of it's level (any offense of a level 7 or above is mandatory prison time, practically speaking). And, a level 7 offense carries minimum prison time for a first offender--but given the fact that this crime has a built-in sex offense prior record--stir in more prison time into the pot. So, are these charges serious? You bet. Good thing you know a defense attorney that can help fight these allegations....