Similar to its California counterpart, under federal law an individual convicted of certain sex offenses by the federal government must also register pursuant to the federal Sex Offender Registration and Notification Act (“SORNA”). Such registration does not dependent on implementation of the Act by the state in which that person is required to register. Currently, Washington remains the only state that has not implemented SORNA. Nonetheless, an individual’s failure to register pursuant to SORNA when such person moves to Washington can potentially exposed such person to severe criminal penalties including fine and up to 10 years in prison.
Under federal law, sex offenders must register and keep their registration current in each jurisdiction where they live, work, and study. However, if they have been convicted in a jurisdiction that is different from the place where they live, they must also register in the jurisdiction where they have been convicted of a crime. If sex offenders are not sentenced to a term of imprisonment, they have only three days to register after being released from custody. They are also required to keep their registration current by personally notifying federal authorities within three days after each time they change their name, residence, employment, or student status.
Similar to the California Penal Code 290 registration requirements, failure to register as a sex offender under federal law is considered to be a “continuing offense,” meaning that an offense can be committed over a length of time. If the convicted sex offenders do not register by the end of the third day after they change their residence, they will be in violation of SORNA, and the violation continues until they eventually register. This requirement is similar to one, for example, when a prisoner given a two-week furlough is guilty of escape if he does not appear by the end of the two weeks, and thus can be prosecuted immediately.
Regardless of whether you are required to register under federal or state laws, contact our experienced Los Angeles sex crime attorneys who will examine the circumstances of your conviction to make sure that you are entitled to the best possible resolution of your criminal matter. At Wallin & Klarich, our criminal defense attorneys have over 30 years of experience representing clients who are required to register as sex offenders. Please contact us today at (877) 466-5245. We will be there when you call.