If a person in Pennsylvania is deemed a sex offender after a conviction of an offense, he or she is required to follow specific reporting requirements even after serving time for the offense. Failure to register as a sex offender, or to comply with all of the requirements (even by accident) is a criminal offense, and the potential consequences are serious. Failing to comply with the statute is a criminal offense in and of itself, separate and apart from the underlying crime originally committed.
If you are charged with failure to comply with registration of sexual offender requirements, an experienced Pennsylvania criminal defense attorney will defend your case and your constitutional rights. You do not have to face these charges alone.
Philadelphia Failure to Comply with Registration of Sexual Offender Requirements Defense Attorney
With many years of experience working in different roles in the Pennsylvania justice system, Joseph Lento is a uniquely qualified Pennsylvania criminal defense attorney with a comprehensive knowledge of how the criminal justice system works, from start to finish.
If you have been charged with failure to comply with registration of sexual offender requirements in Philadelphia or the rest of Pennsylvania and need a comprehensive, customized defense, contact the attorneys at Lento Law Firm. Joseph Lento built his practice on the ideals of customer service and justice and he will fight for your rights and freedom. Call (215) 535-5353 today to schedule your free consultation and discover what Joseph Lento can do to clear your name.
Failure to Comply with Registration of Sexual Offender Requirements Charges in Pennsylvania
The offense of failure to comply with registration of sexual offender requirements is defined by 18 PA. CONS. STAT § 4915.1. Under the "Adam Walsh Act," you are required to provide certain information to law enforcement if you were convicted of a sex offense in the Commonwealth of Pennsylvania.
This information includes:
- Your name, address, and phone number
- Your professional and employment Information
- Information for any vehicles or license plates
- Information about online profiles, email addresses, and other related information
- Other additional details set forth under the registration requirements
Length of Registration Requirements
The length of time you are required to register as a sex offender in Pennsylvania depends on the "Tier" classification of the underlying crime for which you were convicted.
- If you were convicted of a Tier I crime, you are required to register once a year for 15 years.
- If you were convicted of a Tier II offense, you are required to register twice a year for 25 years.
- If you were convicted of a Tier III crime, you will be required to register four times per year for the remainder of your life.
Violations of Registration Laws in Pennsylvania
The ways in which a person may possibly violate the registration laws in Pennsylvania are numerous and could subject you to further criminal penalties. Although it is possible to be charged with a crime for failing to comply with registration requirements, a Pennsylvania prosecutor is still required to prove all of the elements of the offense beyond a reasonable doubt.
To prove this offense was committed, the prosecutor must prove that:
- You failed to initially register with the Pennsylvania State Police in the appropriate county (the county where you were convicted, live, go to school, or work)
- You provided misleading or false information while purportedly complying with the requirements of your registration
- You failed to continue to verify your registration details as required by law
It is not sufficient that the prosecutor just files a charge against you. He or she has to prove it in court, beyond a reasonable doubt. Do not assume that just because you are charged with a crime that you are guilty. With the help of an experienced criminal defense lawyer at your side, you can set forth a defense to your case.
Penalties for Failure to Comply With Registration of Sexual Offender Requirements
The penalties you may face for failure to comply with registration of sexual offender requirements depends on the underlying offense upon which your requirements are based.
If you fail to register as a sex offender under a Tier I requirement, you could be convicted of a third-degree felony. A third-degree felony is punishable by up to seven years in prison.
If you fail to register as a Tier I or II sex offender, you instead face second-degree felony charges. In this case, you could face up to as much as 10 years of time spent in prison.
If a person is convicted of failure to comply with registration of a sexual offender requirements multiple times, he or she faces increased penalties.
How to Defend Your Case
With the help of an experienced Pennsylvania defense lawyer at your side, you can create a legal defense that is specific to the facts of your individual case. A uniquely created defense is the best weapon against an overzealous prosecutor. Some defenses that may be possible include, but are not limited to:
- You complied with all of the requirements of the statute
- The underlying offense is Tier I, and the penalty is less
- The violation was accidental (not a defense to the crime, but useful in negotiating a plea or leniency from the judge or prosecutor)
- The violation was minimal and does not deserve a long sentence
- The prosecutor cannot prove the violation beyond a reasonable doubt
Again, every case is unique. The best way to protect your constitutional rights is to consult with an attorney who knows Pennsylvania law and can protect your rights.
Consult a Pennsylvania Failure to Comply With Registration of Sexual Offender Requirements Attorney
If you or someone you care about faces a charge of failure to comply with registration of a sexual offender requirements in Pennsylvania, an experienced Pennsylvania criminal defense attorney can fight for your rights. Joseph D. Lento has the years of experience necessary to protect your rights.
Call (888) 535-3686 or contact us online today to schedule a consultation of your case.