sex offender registration

What Happens If a Sex Offender Fails to Register?

Failure to Register as a Sex Offender in Arizona

Anyone who is convicted of a felony sex offense or attempted sex crime in Arizona is typically required to register as a sex offender in the state’s Sex Offender Database. The purpose of the database is to provide certain information on the whereabouts of sex offenders in Arizona to help concerned citizens assess the potential threat that these offenders pose.

What Crimes Can Put You on the Sex Offender List?

Not all sex crimes are eligible for Arizona’s sex offender registry. A conviction for any of the following crimes could land you in the state’s sex offender registry:

  • Unlawful imprisonment if the victim is under 18 and it was not committed by the child's parent
  • Kidnapping if the victim is under 18 and the kidnapping was not committed by their parent
  • Sexual abuse if the victim is under 18
  • Sexual conduct with a minor
  • Sexual assault
  • Sexual assault of a spouse if the offense was committed before August 12, 2005
  • Molestation of a child
  • Continuous sexual abuse of a child
  • Taking a child for prostitution
  • Child prostitution committed before August 9, 2017
  • Child sex trafficking on or after August 9, 2017
  • Commercial sexual exploitation of a minor
  • Sexual exploitation of a minor
  • Luring a minor for sexual exploitation
  • A second or subsequent violation of indecent exposure to a person who is under 15
  • A second or subsequent violation of public sexual indecency to a minor who is under 15
  • A third or subsequent violation of indecent exposure
  • A third or subsequent violation of public sexual indecency
  • Unlawful age misrepresentation.
  • Aggravated luring a minor for sexual exploitation
  • Sexual extortion if the victim is under 15

Only sex offenders whose risk assessment scores are Level 2 or Level 3 must register in Arizona’s Sex Offender Database. When they do, the following information will become available to the general public:

  • Name
  • Photo
  • Date of birth
  • Address
  • Scars/marks/tattoos
  • Height and weight
  • Hair color and eye color
  • Ethnicity
  • Sex
  • Offense type and description
  • Risk assessment

What Are the Levels of Sex Offenders in Arizona?

As mentioned above, sex offenders with a Level 1 or Level 2 risk assessment score are required to register with the state of Arizona. The risk level is determined by evaluating the offender on 19 criteria that are considered important factors contributing to their recidivism, or likelihood of re-offending.

Each criterion gets a score and once those numbers get added up, the total reflects the offender’s recommended risk level, which is outlined below:

  • Level 1: Low risk of reoffending
  • Level 2: Moderate risk of re-offending
  • Level 3: Highest risk of reoffending and threatening public safety

Penalties for Failing to Register as Sex Offender in Arizona

So, what happens if a person fails to register as a sex offender in Arizona? This crime is a Class 4 felony punishable by up to 3 years in jail. In addition, a person commits a Class 6 felony if they fail to obtain an annual driver’s license and/or update identifying information on all website or internet communication platforms every year after their initial registration.

Other possible punishments for failing to register as a sex offender include:

  • Probation for up to 1 year or 4 months to 2 years in jail if the prior sex crime conviction was NOT a felony
  • 9 months to 2.75 years in prison if the person has a prior conviction
  • 2.75 to 5.75 years in prison if the person has two prior felonies
  • All other sex offender registration violations are Class 4 felonies.

What Are My Legal Options?

Registered sex offenders often suffer extreme limitations on where they can live, where they can work, financial aid, child custody, and more. With this in mind, you should speak to our experienced attorney to learn whether or not you have a chance of getting off the Arizona Sex Offender Database. If you do have that chance, we can help you navigate your legal options and advocate for your best interests every step of the way.

To get started, drop us a line at (480) 351-2228!

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