Failure to Register as a Sex Offender in Arizona: What You Need to Know About ARS 13-3821
In the state of Arizona, pursuant to Arizona Revised Statute (ARS) 13-3821, the law requires you to register as a sex offender if you have been convicted of any felony sex crime or any attempted sex crime(s) and as long as you live in the state of Arizona — either permanently or temporarily.
Sex crimes are among the most serious and sensitive offenses that can be committed. You may be forced to register as a sex offender if you have been convicted of a sex crime in Arizona. Not registering can result in additional criminal charges and punitive punishments.
Furthermore, the registration process might be complicated and perplexing. In this post, we will go over the Arizona laws regarding registering as a sex offender and the various sorts of convictions that mandate registration.
Individuals who have been convicted of a felony sex offense or attempted sex crime in Arizona must register as a sex offender under ARS 13-3821 and ARS 13-3824. This applies to both permanent and temporary Arizona residents.
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Types of Convictions That Require Registration:
Under Arizona law, a person who is convicted of certain sex crimes is required to register as a sex offender. The types of convictions that require registration include:
- Sexual conduct with a minor
- Sexual assault
- Sexual abuse
- Indecent exposure
- Public sexual indecency
- Sexual exploitation of a minor
- Child molestation
If a person is not convicted of a sex crime, they may be forced to register if they are convicted of certain offenses, such as kidnapping, false imprisonment, or stalking, and the victim was under the age of 18.
Even if you are not a resident of Arizona, if you have been convicted of a sex crime and match specific conditions, you may be required to register as a sex offender. This could include working in Arizona for a total of 30 days in a calendar year or attending school in Arizona for more than 14 consecutive days or 30 total days in a calendar year.
If you were adjudicated delinquent, which means you were convicted as a juvenile for one of the offenses listed above, your obligation to register as a sex offender would end when you reach the age of 25. Alternatively, the court may order that the registration be terminated after successfully completing probation.
If you have been charged with a sex crime or have been convicted of one, it is critical that you speak with an experienced sex crimes defense attorney as soon as possible. The Law Office of Daniel Hutto has the experience and understanding required to provide a solid defense while also ensuring that you comply with all applicable laws and regulations. Don’t put off scheduling a consultation; contact us today.
How Do I Register as a Sex Offender After My Conviction?
In order to register as a sex offender in Arizona, a person must go to the local sheriff’s office in the county where they live and notify any changes in their residence or identity within 10 days of the conviction or of entering and living in the county.
For the initial registration, a $250.00 registration fee is required. Furthermore, the individual must update their driver’s license annually with a new photo and updated contact info and pay a $100.00 annual cost as mandated by new laws.
Additionally, if the defendant changes their name or relocates, they must notify the sheriff in writing and in person within 72 hours, excluding weekends and legal holidays.
If the defendant relocates from one county to another, they must notify both the sheriff in the county from which they are moving from and the sheriff’s office in the new county. It is vital to note that the registration requirement is in effect permanently.
Failure to register on time is a violation of ARS 13-3824, “Failure to Register as a Sex Offender.” If you have questions regarding registering as a sex offender in Arizona or have been charged with a crime, you should speak with a professional sex crimes defense attorney. The Law Office of Daniel Hutto can assist you with the registration procedure and ensure that you comply with all applicable rules and regulations.
What are the Penalties and Sentencing for Failing to Register as a Sex Offender?
Failure to register as a sex offender can have substantial legal implications ranging from probation to years in prison. The following are the potential penalties for violating this law:
- If the only offense is failing to obtain an annual driver’s license or state-issued identification, the defendant faces a class six (6) felony charge.
- If the past sex offense conviction is not alleged to be a felony, the penalty may include probation with zero (0) days to one (1) year in imprisonment or prison for four (4) months to two (2) years.
- If the underlying sexual offense is alleged to be a “prior conviction,” or the person has any other historical prior conviction, the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison; if the person has two (2) historical prior felony convictions, the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years in prison.
Any other offense is punished as a class 4 felony and has harsh repercussions.
- If the prior conviction for the sex offense is not alleged as a felony, a first-offense punishment can include probation with zero (0) days in jail to one (1) year in jail or prison for one (1) year to three and three quarters (3.75) years of incarceration.
- If the underlying sexual offense is alleged as a “prior conviction” or the person has any other historical prior conviction, the range of “prison only” punishment is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration.
- If there are two (2) historical prior felony convictions, the range of prison is six (6) years to fifteen (15) years of incarceration.
If you have been charged with failing to register as a sex offender, it is critical that you get the advice of an experienced sex crimes defense lawyer. The Law Office of Daniel Hutto has the experience and understanding required to prepare a compelling defense while minimizing the potential legal ramifications. To arrange a free consultation, please contact us right away.
What are the Defenses My Attorney Can Use Against Failing to Register?
An accusation of failing to register as a sex offender may have numerous defenses. One common scenario is when a defendant has a temporary work or residence and repeatedly moves from county to county or state to state without registering each time. It may be a defense if the defendant travels between counties within a ten (10) day period.
Relocation on a Temporary Basis
If a person moves into one county but travels out of the county for temporary employment, such as construction, they do not need to register with the sheriff’s office in the new county. They must register with the sheriff’s office if they stay in a county for more than ten (10) days.
It is critical to collect records and papers pertaining to the defendant’s location during the time period in order to prove that they did not break the ten (10) day reporting requirement or the seventy-two (72) hour moving requirement.
Furthermore, our trained sex crimes defense attorneys fight convictions from every angle possible, employing a wide range of effective defense strategies, including constitutional issues that apply in all criminal cases.
Constitutional Defenses: Miranda Rights
A Miranda Rights violation, which relates to the admissibility of any incriminating remark made by the defendant, is one such approach. If we can show that the police pressured or intimidated the defendant into admitting or failing to properly read their Miranda Rights, we can request that those statements and any evidence acquired as a result of those confessions be withdrawn.
Denial of Rights to an Attorney
Another common argument is “denial of the right to counsel,” which occurs when a suspect in custody requests to consult with their attorney but is denied, resulting in further questioning. Other possible defenses include contesting the validity of any search warrants or forensic faults discovered throughout the inquiry.
Police Report Errors and the Chain of Command
Finally, one of the most effective defense strategies is exposing poor or deceptive police reports, such as misstatements, fraudulent statements, flawed photo line-ups, and inaccurate crime scene reconstruction. It is critical to seek an experienced sex crimes defense attorney who is familiar with all conceivable defenses to assert in your case.
The Life of a Registered Sex Offender Can Be Hard: Daniel Hutto Offers Sex Offender Lawyers Who Can Help
If you have been charged with failing to register as a sex offender, the Law Office of Daniel Hutto will guide you through the judicial system. Our qualified sex crimes defense attorneys can analyze the facts of your case and work with you to ensure that you follow all applicable laws and regulations.
Consider the following procedures to help assure compliance with Arizona’s sex offender registration requirements:
- Register with the local sheriff’s office within 10 days following a conviction or entry and stay in a county.
- Notify the sheriff in person and in writing within 72 hours of moving or changing your name.
- Replace your driver’s license with a fresh photo and updated contact information every year, and pay the mandatory annual cost.
- If you have been charged with failing to register as a sex offender, seek the advice of an experienced sex crimes defense attorney.
You can help ensure that you comply with Arizona’s sex offender registration laws and reduce the potential legal penalties of failing to register by following these procedures and getting legal advice.
When you work with us, stay committed to the work, and maintain faith that things will go your way, your Arizona sex crimes defense attorney and our legal support staff from the Law Firm of Daniel Hutto will give you everything we’ve got to ensure the absolute best outcome for your case.
Get started with your free legal consultation with one of our Phoenix criminal defense attorneys today by dialing 602.536.7878.
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