Failure to register as a sex offender is a criminal offense where the offender fails to register their presence in a new area. In the US, a person convicted of sexual offenses involving minors must register as a sex offender and failure to do so can lead to heavy fines and imprisonment. However, there are situations where someone can be found not guilty of such an offense, such as extenuating circumstances or government processing errors.
Failure to register is a prosecution, or inaction, where someone who is required to register as a sex offender fails to do so. This action typically involves someone who has been convicted of a crime that gives them registered sex offender status. Once this status has been conferred on a person, they must register in whatever area they live in, and moving to a new area usually requires them to officially register in that area. Failure to register occurs if someone moves to a new area and does not register their presence correctly.
The main component of a “failure to register” offense is the inaction, usually intentional and without good reason, on the part of a person required to do so. Although a number of countries use registration lists for convicted sex offenders, in the United States this started at the federal level with the Sex Offender Registration and Notification Act, which is part of the Adam Walsh Child Protection and Safety Act passed in 2006. Prior to the establishment of a national list, state lists existed for sex offenders, but the national list established a higher potential for “deregistration” offenses.
Although the laws of different countries may have different requirements for registration, in the United States a person convicted of sexual offenses involving minors typically must register as a sex offender. This is usually done when someone is released from prison, at which point he must register himself in the area in which he intends to live. If the person does not register, he can be charged with non-registration, which can lead to heavy fines and imprisonment. Moving to a new state or jurisdiction within a state may also require a person to re-register in their new area.
A “failure to register” charge can be combated and there are situations where someone can be found not guilty of such an offence. If someone has had truly extenuating circumstances, such as being involved in a serious accident that prevented the person from registering in a timely manner, then they could see their failure to register charges dropped. Someone who fails to voluntarily fail to register may also be acquitted of such charges, such as a situation where a person has registered successfully but the registration has not been processed properly by the government.
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