A registered sex offender may be any individual who has been convicted of a sexual offense under federal or state law. Individuals who are registered sex offenders may be listed in a sex offender registry, which includes information such as their name and address.
Crimes that typically result in an individual being required to register as a sex offender include:
The sex offender laws in Florida outline the crimes that may result in an individual being placed in the sex offender registry. The sex offender registry laws in Florida were influenced by cases involving children in the state.
“Jessie” Lunsford, a 9 year old girl from a small town in Florida wanted to be a fashion designer and Olympic swimmer when she grew up. Unfortunately, those childhood dreams were cut brutally short, when, in 2005, she was abducted from her home, raped, and buried alive by a registered sex offender.
In response to this tragic case and the case of Sarah Lunde, a 13 year old girl who was also murdered by a sex offender, the State of Florida enacted laws that would informally be known as “Jessica’s Law” that increased both criminal punishments and civil penalties for sexual offenses.
In 2018, Florida Governor Rick Scott signed a bill into law that made registration requirements more severe for sex offenders in the state.
“Jessica’s Law,” discussed above, provides a minimum 25 year prison sentence for an individual who is convicted of a sexual crime involving a child under the age of 12. It also requires GPS tracking on the individual after they have been released.
In addition, Florida law provides that being a sexual predator is an aggravating factor in a murder charge. This affects the defendant potentially being sentenced to the death penalty, making it easier for the prosecution to argue in its favor.
Although the laws of the State of Florida allow for the death penalty in a child rape case, the Florida Supreme Court held in 1991 that the use of the death penalty was prohibited in child rape cases where the child was not murdered.
In addition, in 2008, the United States Supreme Court banned the use of the death penalty for child rape.
Every state has its own requirements regarding which individuals must be registered sex offenders. Because of this, it is important to review the laws of the location where the crime occurred.
Some states, including Florida, have strict laws that require any individual to register who:
The requirements of the State of Florida require that, even if the crime occurred in another state and the individual is registered elsewhere, they will be required to register as a sex offender if they want to live in Florida.
Similar to other states, sex offenders in the State of Florida must register with the local authorities 3 to 4 times a year, depending upon the crime for which they were convicted. Under the national Megan’s Law, passed in 1994, their information will be made public.
Sex offenders are required to:
A registered sex offender who is living in Florida is required to report if they plan to move or to travel out of state. A registered sex offender from another state must report to the sheriff’s office within 48 hours of their arrival in the state.
Even an offender who is only visiting must report their presence. If an individual who is required does not register as a sex offender, they can be charged with a felony.
A felony is punishable by incarceration and hefty criminal fines. The laws of the State of Florida may place restrictions on where registered sex offenders can reside. Depending on the specific crime of which the individual was convicted, an offender may be prevented from establishing a residence within 1,000 feet of a:
Individuals who have been convicted of certain crimes may also be prevented from loitering in areas where children gather.
Sex offender registration in the State of Florida is for life. However, sex offenders may petition for removal after 20 years as long as they have not committed any misdemeanor or felony offenses.
The sex offender must also satisfy basic requirements, such as:
The individual must file a petition clearly stating why they are eligible for removal.
The State can contest the individual’s petition for removal from the registry and provide evidence to show why the offender should remain on the sex offender registry. The sex offender registry is updated as often as information is received from law enforcement agencies as individuals are added and removed.
A deceased offender will remain on the registry for one year following their death.
Sexual criminal offenses are very serious offenses, especially those involving a child. If you are facing charges for a sex crime, it is essential to consult with a Florida criminal lawyer as soon as possible.
Your lawyer will advise you of the laws of Florida as well as the consequences you may face if convicted. In addition, your lawyer will appear with you in court and help ensure your rights are protected.
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