What Happens if You Fail To Register as a Sex Offender in Arizona
If you have been convicted of a sex offense in Arizona, you may be required to register on the sex offender registry. The state requires people who are convicted of certain misdemeanor or felony sex crimes, or even attempted sex crimes, to register as a sex offender. If you are ordered to register as a sex offender in Arizona it is a lifetime requirement unless you were under 18 when you committed the offense.
If you moved into Arizona and were required to register in your previous state, you must also register within the state of Arizona once you arrive. People who do not comply with their registry requirements can face new charges for a class 4 felony carrying potentially serious penalties.
If you face charges of failure to register, you should get help from The Law Office of Michael Alarid III as soon as possible.
You might also be required to register in Arizona if you have a prior sex crime conviction, even when you do not live in the state under certain circumstances. For example, if you attend a school in the state for 14 days in a row or in excess of 30 days in a year, you will have to register.
People with sex offense convictions who work in Arizona for 30 or more days during a year are required to register in the state.
If you were adjudicated as a juvenile for a sex offense, you would have to register until you are 25 years old or until you complete your juvenile sex offense probation and the court orders the end of your registration requirement.
Registration Requirements in Arizona
Arizona's sex offense registry requirements are found in A.R.S. 13-3821. You are required to register in the state for any of the following sex offense convictions:
- Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.
- Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.
- Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.
- Sexual conduct with a minor pursuant to section 13-1405.
- Sexual assault pursuant to section 13-1406.
- Sexual assault of a spouse if the offense was committed before August 12, 2005.
- Molestation of a child pursuant to section 13-1410.
- Continuous sexual abuse of a child pursuant to section 13-1417.
- Taking a child for the purpose of prostitution pursuant to section 13-3206.
- Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017.
- Child sex trafficking pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed on or after August 9, 2017.
- Commercial sexual exploitation of a minor pursuant to section 13-3552.
- Sexual exploitation of a minor pursuant to section 13-3553.
- Luring a minor for sexual exploitation pursuant to section 13-3554.
- A second or subsequent violation of indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402.
- A second or subsequent violation of public sexual indecency to a minor who is under fifteen years of age pursuant to section 13-1403, subsection B.
- A third or subsequent violation of indecent exposure pursuant to section 13-1402.
- A third or subsequent violation of public sexual indecency pursuant to section 13-1403.
- A violation of section 13-3822 or 13-3824.
- Unlawful age misrepresentation.
- Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.
- Sexual extortion pursuant to section 13-1428 if the victim is under fifteen years of age
Even if you are not convicted of one of these crimes, the Court may order you to register for other
How Do People Register in Arizona?
To comply with registration, you must report to the sheriff's office in the county where you live, work, or attend school. When you arrive, you will be required to provide your name and address within 10 days of when you are convicted or when you come to the county and stay.
Any time your name changes or you move, you must report the changes to the sheriff's office. The initial registration cost is $250. Each year, you will also be required to get a new driver's license with a current address and a new photo. After your initial registration, you will have to pay $100 for your subsequent registrations each year.
When you change your name or relocate to a new home within your county, you must report the changes to the sheriff's office in-person within 72 hours other than on legal holidays and weekends. If you relocate to a home in a new county, you are required to report your move to the sheriff's office in your former county and the sheriff's office in your new county.
If you miss the required deadlines for reporting changes or fail to properly register, you can be charged with failure to register.
Penalties for Failing to Register
Under A.R.S. § 13-3824, failing to register as a sex offender is a Class 4 felony. If you do not report to your local sheriff's office within the mandatory time, you will be in violation of the law. If you are already outside of the timeframe, you should talk to an experienced sex crimes attorney at The Law Office of Michael Alarid III as soon as possible.
There are a number of different penalties for failing to register, depending on the way you failed to meet your registration requirements. The penalties for different violations of the registration laws include the following:
- Failing to get your yearly driver's license is a Class 6 felony. If your sex crime conviction was a misdemeanor, you could face a sentence of up to one year or a probation-only sentence with no jail. You could also face from four months up to two years in prison. For a second conviction, you will face from nine months up to two and three-fourths years in prison. If you have two prior felonies, you will face from 2.25 years up to 5.75 in prison.
- Any other registration violation is a Class 4 felony and will carry very severe consequences.
Defenses to Failing to Register
If you are facing charges of violating A.R.S. 13-3821, your defense attorney will review your case to determine the defenses that might be available to you. Very few defenses are available to a charge of failure to register. Some of the types of defenses that might be raised include the following:
- You traveled between counties and did not stay in either for 10 days.
- You complied with your registration requirements, but the sheriff's office made a clerical error.
Many people are charged with failing to register when they have temporary jobs or homes and move between counties or states. Under these types of circumstances, you might be charged if you do not register each time you move.
However, it is a defense if you have traveled back and forth between counties within 10 days. If you worked in a different county for nine or fewer consecutive days, your attorney might get documentation from your employer about your work to show that you did not remain in the county for 10 or more days.
Your defense lawyer might help you to get into compliance and then talk to the prosecutor to try to get him or her to agree to drop the charges against you. Your attorney might also try to find records showing exactly where you were at different times to demonstrate that you did not violate the 72-hour requirement for moving or the 10-day requirement for working in a new county.
If a clerical error was made, your attorney would secure records from the sheriff's office to demonstrate your compliance and that a mistake was made in their documentation. This might include sign-in sheets, security video, and other types of evidence that demonstrate you reported as required within your required time.
As with any other type of criminal case, the police are required to follow constitutional requirements for their investigations. If the police failed to read you your Miranda warnings before interrogating you, your attorney could file a motion to challenge the admissibility of any statements you subsequently made and any evidence the police were able to gather as a result.
Similarly, if you asked for an attorney and were questioned without one, your attorney might challenge any statements you made to the police without the presence of your lawyer.
If the police violated your constitutional rights in how they investigated your case, your attorney would file motions to challenge the admissibility of your statements and any other evidence that was gathered as a result. The court will schedule a motion hearing. At the hearing, your attorney will be able to cross-examine the officers and challenge their testimony.
If your lawyer succeeds at your motion hearing, the statements and evidence that were unconstitutionally gathered will be inadmissible, meaning that the prosecutor will not be allowed to use them against you in court. This could place you in a more favorable position for securing a plea agreement to a lesser offense or to a probation-only sentence. Depending on what was deemed inadmissible, the prosecutor might also be forced to dismiss the charges against you.
Talk to an Experienced Attorney at the Law Office of Michael Alarid III
If you are charged with failing to register as a sex offender or have fallen out of compliance with your registration requirements, you should immediately retain an experienced sex offense defense lawyer at the Law Offices of Michael Alarid III. Your attorney can review the facts and evidence to identify any defenses that might be raised.
If you have fallen out of compliance but have not been charged, your attorney might help you to get into compliance and avoid being charged. Michael Alarid III is an experienced criminal defense lawyer who has successfully defended many people against sex crimes allegations. He understands how to build a strong defense to secure the most favorable possible outcomes for his clients.
To learn more about your legal options and the potential defenses that might be available to you in your case, contact the Law Office of Michael Alarid III today by calling us at (602) 818-3110. You can also fill out your information on our completely confidential online contact form, and we will get back to you immediately.