Failure to Register or Update Information as a Sexual Offender - Florida Statute 943.0435

There are many laws in Florida that if you are convicted of them, you will be labelled a sexual offender. Florida Statute 943.0435 lays out which crimes will give the sex offender status.

Here are a few crimes that will designate the defendant as a sexual offender in West Palm Beach:

• Kidnapping where the victim is a minor and the defendant is not the victim's parent or guardian. Florida Statue 787.01.
• False imprisonment where the victim is a minor and the defendant is not the victim's parent or guardian. Florida Statute 787.02.
• Human Trafficking. Florida Statutes 787.06(3)(b), (d), (f), (g) or (h).
• Luring or enticing a child where the victim is a minor and the defendant is not the victim's parent or guardian. Florida Statute 787.025(2)(c).

There is also a group which has a more serious designation, sexual predators. A person is labelled a sexual predator under Florida Statute 775.21 by either:

1. By being convicted of a crime listed as a sexual violent offenses under Florida Statute 775.21 and having a written court order designating the individual a sexual predator; or
2. By being committed under Florida Statute Chapter 394 (Jimmy Ryce Act) and having a written court order designating the individual as a sexual predator.

If a person is convicted of a crime listed in the sexual offender statute, they are required to register as a sexual offender at the local sheriff’s office within 48 hours of being in a location. In addition to initially registering, the individual is required to update any changes of that information within 48 hours.

Under subsection 2 of the statute, a person who is designated as a sexual offender is required to give a large amount of information to the police.

The individual is required to give:

• Name
• Date of birth;
• Social security number;
• Race;
• Sex;
• Height;
• Weight;
• Hair and eye color;
• Tattoos or other identifying marks;
• Fingerprints;
• Palm prints;
• Photograph;
• Occupation and place of employment;
• Address of permanent, temporary, or legal residence;
• Vehicle identification number (VIN);
• Vehicle description and color;
• License tag number of all vehicles owned;
• All home telephone numbers and cellular telephone numbers;
• All email addresses;
• Date and place of each conviction with a brief description of the crime or crimes committed by the offender;
• Passport information (if there is one);
• If the person is an alien, their immigration status;
• Any professional licenses; and
• Where the individual is employed, volunteering, or enrolled at an institution of higher education.

The prosecutor must prove beyond a reasonable doubt:

1. The defendant;
   1. Is a sexual offender; or
   2. Has stipulated to be convicted as a sexual offender;
2. The defendant established or maintained a permanent, temporary, or transient residence in a Florida county; and
3. The defendant either:
   1. Knowingly failed to register in person at an office of the sheriff of the county within 48 hours after establishing permanent, temporary, or transient residence within this state;
   2. Knowingly failed to report in person at an office of the sheriff of the county within 48 hours after being released from the custody, control, or supervision of the Florida Department of Corrections or custody of a private correctional facility;
   3. Knowingly failed to register in person at an office of the sheriff of the county within 48 hours after having been convicted by a court in that county of an offense requiring registration; or
   4. Knowingly failed to provide an office of the sheriff of the county with any of the above required pieces of information.

Subsection 11 requires the individual to maintain registration with the Florida Department of Corrections for their entire life unless the status is removed under Florida Statute 943.04354, the individual is granted a pardon, or has their conviction is set aside under post-conviction relief.

There are a number of update requirements for sexual offenders such as:

• Section 943.0435(3) requires that within 48 hours of initially reporting, the individual shall obtain a Florida driver’s license, renew a Florida driver’s license, or an identification card.
• Section 943.0435(4) requires the defendant to renew their driver’s license. The Florida Department of Highway Safety and Motor Vehicles will take a new picture and provide that photo to the Department of Corrections.
• Section 943.0435(7) requires a convicted sexual offender to report into the local sheriff’s office within 48 hours, or 21 days if internationally, if they anticipate traveling or moving.
• Section 943.0435(8) requires a sexual offender to report that they are planning on staying when they changed their mind about leaving when they have already indicated to the local sheriff’s office that they are planning on leaving.
• Section 943.0435(14) requires a sexual offender to report in person each year during the month of the sexual offender’s birthday and six months after the birth month to the sheriff’s office in the county in which they reside.

If an individual does not register with the sheriff’s office within 48 hours upon becoming a permanent, temporary, or transient resident the above information, the individual commits a third-degree felony punishable up to 5 years in prison and a $5,000 fine.

Any violation of this statute carries serious punishment in West Palm Beach. Call our law offices if you have been arrested or charged with this. This charge can be defended. We need to talk to you to find out what happened so we can create a defense strategy. Call today to schedule a 5 minute free consultation with one of our lawyers.

Also, if you are also contemplating future actions and have questions about your future conduct, please consider retaining our law firm.