What Happens if I Fail to Register as a Sex Offender?

If you are convicted of a serious sex crime in California, you may be required to register as a sex offender every year for the rest of your life. This is known as “Megan’s Law,” and requires you to register with the police in the city or county where you live. It’s extremely important that you do so, as failing to follow this requirement is actually a crime that could further broaden your criminal history. California Penal Code 290(b) cites this as “failure to register as a sex offender,” which carries potentially heavy penalties.

Registering as a Sex Offender

Those who are required by the court to register as a sex offender must do so every year within five days of their birthday, or whenever they move their residence. Those who move into _­California from out of state, and were required to register as a sex offender in their other state must also register when they arrive.

To register, you must make an appointment with your local law enforcement agency, be it a city police or county sheriff’s department. When you go for your appointment, the law enforcement agency will take your information and update it in the system which they then forward to the Department of Justice. The Department of Justice then updates the information in the database of registered sex offenders, which is available to the public.

Penalties for Failure to Register

Should you willfully fail to register as a sex offender, the district attorney can choose to file charges against you as either a misdemeanor or a felony. If the offense that required you to register as a sex offender was a misdemeanor, then your failure to register will also be considered a misdemeanor and subject you to up to a year in county jail.

However, if you fail to register for a felony offense, the district attorney can choose to pursue felony charges (which they usually do if given the option). This can lead to a prison sentence of 16 months, two years, or a maximum of three years.

If you were on probation when you failed to register, then you will very likely have violated the terms of your probation and will be sent to jail to serve out the remainder of your sentence, plus the added time for failing to register.

What if You Cannot Register?

What happens when you cannot register for one reason or another? What if you became seriously injured or ill and could not make it to the police station within the allotted time? What if you submitted your registration information but it was lost or not received in some way? These are circumstances that are entirely out of your control, and could be used to have your charges dismissed or dropped. If you do face charges of failing to register, be sure you speak with an attorney who can advise you on how best to proceed.

At the Carodza Law Offices, Inc., our attorneys understand the importance of helping you seek the best possible outcome to your legal issue, as an unfavorable decision could have life-changing consequences. Our Walnut Creek criminal defense lawyers are highly-skilled and experienced in criminal defense law, and can provide you with knowledgeable and aggressive representation both in and out of the courtroom as you face your charges. Trust your case to a legal team that has been trusted by so many others, including media outlets like Today, Larry King Live,and more!