Sex Offender Registration Violations in Alabama

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Failure to Register

If a person is convicted of a sex crime, he or she will likely be ordered by the judge to register as a sex offender as part of his or her sentence. If you have been ordered to register as a sex offender, it is very important that you abide by the judge’s orders and register with your local sheriff’s office. Failing to register is a crime in the state of Alabama, and can lead to additional or enhanced penalties.

There are certain sex crimes that include mandatory sex offender registration as part of the penalties. These crimes include rape, sodomy, sexual misconduct, indecent exposure, promoting prostitution, obscenity, incest, or any act of sexual perversion. Once a convicted sex offender has been released from custody, he/she has 7 DAYS to register with the sheriff’s office in the county where he/she is living. When registering, a person must provide the sheriff with their name, home address, and employment information.

If the offender moves, changes jobs or changes their name, they are required to notify the sheriff within 7 days. Furthermore, a sex offender is required to re-register their name, address, and place of employment with the sheriff’s office within 7 days of their birthday every year.

Contact Alabama Criminal Lawyers today at (205) 994-0616 for a free consultation.

Alabama Sex Offender Registration Laws

Failure to register is a Class C Felony, which means you could face up to 10 years in prison and up to $15,000 in fines. If you have been accused of failing to register, it is to your advantage to speak with an experienced Alabama sex crime lawyer immediately.

At Alabama Criminal Lawyers, we have defended many clients throughout Alabama against serious sex crime charges, such as failure to register. We are very familiar with the laws regarding these offenses and can provide you with a strong and effective defense against your charges.

Types of Sex Offender Violations

There are a number of sex offender violations that could result in additional criminal charges or penalties. These violations include:

  • Loitering around a school , playground, or any other place where children congregate
  • Living too close to a school
  • Working at a place where children are present or are likely to be present, i.e. a school, daycare, summer camp, pediatrician’s office, or coaching a little league team or youth soccer team
  • Living with a minor (if the victim was under 12 years old). There are some exceptions to this rule; such as if the victim was older than 12 and the minor is the defendant’s child, step-child, or grandchild.
  • Failing to register or re-register
  • Violating probation or parole
  • Registering with a false name, address, or employment information

Sex Offender: Residency Restrictions

In 1996, Alabama became one of the first states to pass residency restriction laws for sex offenders. As part of the state’s Community Notification Act, the law once required child molesters to live only one thousand feet from certain locations.

Today, it is critical that individuals who have been convicted of sex-related offenses understand some important details concerning these laws. A Birmingham sexual crimes lawyer can provide the assistance you need.

Alabama Law Regarding Residency Restrictions

Alabama law lists several requirements concerning residency restrictions for individuals who are labeled as sex offenders:

  • Restrictions. Individuals who are labeled as sex offenders are not permitted to live within two thousand feet of any school or childcare facility. Individuals labeled as sex offenders are also not permitted to live within two thousand feet of the property on which the victim of the sex crime or family members of the victim live. Adults who are labeled as sex offenders are exempt from the two thousand feet law when the adult is admitted to hospital, jail, prison, a mental health facility, or other correctional facilities. The measurement of two thousand feet is taken from a straight line from the nearest property line to the nearest property line.
  • Later Changes. Changes to property within 2,000 feet of the address where a sex offender lives do not mean that a sex offender will be found in violation of the law.
  • Living With A Minor. Sex offenders are prohibited from living with a minor including overnight visits. An adult sex offender who is the parent, grandparent, step-parent, sibling, or stepsibling of a minor is permitted to live with the individual unless: the individual’s parental rights have been or are in the process of being terminated, the adult sex offender has been convicted of any sex offense in which the minor was a victim, the individual has been convicted of a sex offense in which a minor was a victim and the minor resided or lived with the adult, the individual has been convicted of any sex offense involving a child, or the individual was convicted of any sex offense involving forcible compulsion in which the victim was a minor.
  • What Constitutes Residency. An adult is considered to have established residency for the purposes of these laws when the adult either resides for three or more consecutive days in the same place, the location where an adult sex offender resides following the release, and any residency where an adult sex offender spends ten or more days during any one calendar month.

Failure to Register Penalties

Violations of any of these residency laws are treated as Class C felonies in Alabama. A Class C felony is penalized with no less than one year and one day and no more than ten years in prison. Individuals can also face a fine of up to $15,000.

Sex Offender: Work Restrictions

One of the hardest challenges that many individuals who are labeled as sex offenders face is finding suitable employment. There are some very important restrictions that individuals who have been labeled as sex offenders must know concerning employment in the state of Alabama. It is extremely important to be familiar with this information because the failure to obey these laws can result in a number of significant penalties.

Applicable Alabama Law

Alabama law places several significant restrictions on employment involving individuals who have been convicted of sex crimes. These restrictions include:

  • Prohibited Companies. Individuals who are labeled as sex offenders are prohibited from applying to or accepting positions at any childcare facility, school, or any other business or organization that provides a service that is aimed primarily at children. Individuals frequently ask if it is illegal for a company to refuse to hire a sex offender.Alabama law prohibits companies that are primarily dedicated to children from hiring sex offenders. These companies can face significant penalties for hiring a sex offender. In a rare number of circumstances a company might not be able to legally refuse to hire a sex offender, but this type of determination frequently requires the assessment of an experienced sex crimes attorney.
  • Prohibited Schools And Childcare Facilities. Individuals who are labeled as sex offenders are also prohibited from applying or accepting employment at a location that is within 2,000 feet of the property on which a school or childcare facility is located.
  • Changes To An Area Once An Individual Has Commenced Employment. Changes to properties that are located within 2,000 feet of a sex offender’s place of employment after the individual has begun working there does not constitute a violation. These distances are measured from the start of one property line to the other property line.
  • Prohibited Recreational Areas. Another requirement of Alabama law is that an individual labeled as a sex offender does not apply for or accept a position within five hundred feet of an athletic facility, playground, or park.

Penalties

An individual who is penalized with violating these employment-related laws will be treated as having committed a Class C felony that can result in no less than one year and one day and no more than ten years in prison. Individuals convicted of such a charge also face up to $15,000 in fines. The resulting penalties are even more significant for repeat offenders.

Contact Alabama Criminal Lawyers

If you have been charged for committing a sex offender violation, it is very important to speak with a knowledgeable attorney right away. As experienced Alabama sex crime lawyers, we are very familiar with the laws regarding sex offender registration and can defend you against any charges you may be facing as a result of a violation.

Although law enforcement officials and the courts want to believe the worst, We believe our clients when they tell why they violated their registration, as it is not always intentional. Should you choose to retain my services, we promise to do whatever we can to protect your rights, and help you resolve your case in the best possible outcome.

Contact Alabama Criminal Lawyers today at (205) 994-0616 for a free consultation.