One of the most serious consequences of a sex crime is sex offender registration. The sex offender registry is publicly accessible and could largely determine where you may live, work, and even pass by. If you have been convicted of a sex crime and have questions about whether you are required to register as a sex offender, keep reading today’s blog post. We will discuss the specific sex crimes that warrant registration, as well as the associated risk levels for registered offenders.
Who Is Required to Register as a Sex Offender?
Individuals who have been convicted of a crime against a minor or a dangerous sexual offense are required to register in Georgia as sex offenders. The only exceptions are certain misdemeanor convictions and offenses handled in juvenile court.
Offenses against minors that may require registration include:
- kidnapping of a minor by someone other than a parent;
- false imprisonment of a minor by someone other than a parent;
- criminal sexual conduct towards a minor;
- solicitation of a minor to engage in sexual conduct or prostitution;
- use of a minor in a sexual performance;
- use of a minor to engage in sexually explicit conduct to produce visual media;
- creating, publishing, selling, distributing, or possessing child pornography or visual depictions of minors engaged in sexually explicit conduct;
- any conduct which by its nature is a sexual offense against a person who is a minor.
Dangerous sexual offenses that require registration generally include:
- aggravated assault with intent to rape;
- sodomy and aggravated sodomy;
- child molestation and aggravated child molestation;
- aggravated sexual battery;
- kidnapping of a minor younger than 14 years old by someone other than a parent;
- false imprisonment of a minor younger than 14 years old by someone other than a parent;
- statutory rape if the offender is 21 years or older;
- enticing a child for indecent purposes;
- sexual assault against persons in custody,
- a second conviction for sexual battery;
- sexual exploitation of children or child pornography;
- electronically furnishing obscene materials to minors;
- obscene telephone contact;
- any other conduct that by its nature is a sexual offense against a person who is a minor.
3 Risk Levels
Anyone subject to the sex offender registry must register for life or unless they successfully petition for release. Note that the Sexual Offender Registration Review Board classifies sex offenders according to 3 risk levels:
- Level I – low sex offense risk, low recidivism risk for future sexual offenses
- Level II – intermediate sex offense risk, intermediate recidivism risk for future sexual offenses; includes all sexual offenders who do not meet the criteria for Level I risk and sexually dangerous predator (below)
- Sexually Dangerous Predator – sexual offender who was designated a sexually violent predator between July 1, 1996, and June 30, 2006 or who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense
Anyone declared a sexually dangerous predator must wear and pay for an electronic monitoring device for life. However, this finding may be appealed by the defendant.
Requirements Upon Registration
Sex offender registration may require a key change to your daily life, such as where you are allowed to go, live, and work. For instance, a registered offender may not reside within 1,000 feet of any childcare facility, church, school, or area where minors congregate. They also may not be employed by or volunteer at a childcare facility, church, or school, nor volunteer or work at any business or entity within 1,000 feet of such facilities or areas where minors congregate. Failure to maintain this distance may result in further penalties or civil liability.
However, if the registered individual owns or leases property or establishes employment at that property and, later, a childcare facility, church, school, or area where minors congregate locates itself within 1,000 feet of that property, the offender will be permitted to remain there without being in violation of the law.
Sex offender registration is an important consequence of a sex crime in Georgia that could impact both your short-team and long-term future. It is important to know all the terms of your sex offender registration to ensure you do not violate any small rule and incur further penalties. Our attorneys at Daniels & Taylor, P.C. can help you navigate the legal system and even appeal a risk assessment if appropriate.
Schedule a free consultation with Daniels & Taylor, P.C. to learn more.