Those who are convicted of sex crimes can face ongoing consequences long after they have been sentenced and long after their prison term has been served. This is because laws in the United States typically require sex offenders to register.
Registering as a sex offender means that people you live and work with will know of your conviction for past crimes. You will be prevented from working in certain jobs, living in certain places, and even doing certain types of volunteer work because of your registration.
You’ll also have ongoing requirements to fulfill, including requirements related to providing information to local law enforcement.
If you fail to fulfill your obligations associated with sex offender registration, it is possible that you will face criminal consequences. The penalties for not complying with registration obligations can be harsh, especially if you end up facing federal charges. Not all defense attorneys are prepared or able to advocate for you in these circumstances, but LV Criminal Defense is ready to represent you.
It’s important to find a federal criminal defense lawyer who knows the law, who can help apply it to your situation, and who can advise you on the best course of action with regards to fighting sex charges related to sex offender registration. Our firm has extensive experience representing clients in Arizona, California, Utah, Nevada, and Oregon.
We will put our decades of legal experience and our extensive knowledge of federal sex offense laws to work to help you fight for your future, so give us a call today.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Federal laws on sex offender registration are found in 18 U.S. Code Chapter 109B. There is one statute within this chapter, 18 U.S. Code section 2250, that defines criminal misconduct in connection with sex offender registration. The relevant statute defines the federal crime of failure to register and establishes the penalties for this serious offense.
According to 18 U.S. Code section 2250, the provisions of this statute apply to anyone who is required to register under the Sex Offender Registration and Notification Act and/or who is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act because he or she has been convicted under any federal law, D.C. law, Indian Tribal law, or the law of any U.S. territory or possession. In order for a defendant to be convicted under this statute, the defendant must travel in interstate commerce; travel in foreign commerce; or enter, leave, or reside in Indian Country.
A defendant who meets the definition of a sex offender and who lives in, enters or leaves Indian Country or who travels in interstate or foreign commerce can be convicted only if the prosecutor can prove beyond a reasonable doubt that the defendant did not register as required or did not update registration as required by the Sex Offender Registration and Notification Act.
If a prosecutor can successfully prove a defendant who is classified as a sex offender and who is required to register and/or to update registration failed to meet initial or ongoing requirements for registration, a defendant could face a maximum of 10 years of imprisonment under 18 U.S. Code Chapter 109B.
The same statute also imposes a maximum sentence of 10 years of imprisonment for knowingly failing to provide information about intent to travel in foreign commerce or for attempting to engage in intended foreign travel without providing information mandated by the Sex Offender Registration and Notification Act. If you are required to register and you intentionally refuse to provide the information that is required by the Sex Offender Registration and Notification Act, you could be found guilty of this offense and face these consequences.
Finally, the same statute imposes an additional punishment on individuals who commit a crime or violence under federal law and who fail to comply with registration requirements. Those who have committed a crime of violence who violate registration rules could face up to 30 years of imprisonment.
The statute does, however, make clear that a defendant could avoid conviction by proving an affirmative defense, such as proving that uncontrollable circumstances prevented compliance with registration requirements. An experienced attorney can help you to determine if such circumstances might exist in your particular situation.
If you have been accused of failure to register as a sex offender and you are facing federal charges, you should be aware that conviction could have serious and potentially life-changing consequences. It is important that you get proper legal help from an experienced attorney right away so you will understand what your rights are and will be able to develop an effective legal strategy with the goal of reducing the likelihood that you will be convicted of a crime or at least lessening the potential penalties that you could face.
LV Criminal Defense can help. If you live in California, Arizona, Oregon, Nevada, Utah, or surrounding areas, we provide compassionate and knowledgeable legal representation. We understand the stakes are high and we treat your case with the importance that it deserves when you trust us to fight federal charges on your behalf.
We will be there for you from the start of an investigation into your conduct until your case is ultimately resolved so you’ll have the best chance possible of avoiding a guilty verdict. We can negotiate a plea agreement on your behalf with a prosecutor or help you to present evidence in court aimed at getting you acquitted of serious charges. The right approach will depend upon the nature of your case and the strength of the evidence showing you failed to register as required.
To find out more about how our firm can help you to fight accusations that you failed to register on the sex offender registry or failed to register on the crimes against children registry, give us a call today.