How long does a sex offender have to register?

People required to register as sex offenders typically must do so within a short amount of time following their sentencing or release from custody. States have different definitions for a short amount of time, but it is most often this is within three to five days.

Most jurisdictions also require offenders to re-register (or update their registration information) every year for the duration of their registration period.

Note that the length of time that a sex offender has to meet registration requirements

• varies from state to state, and will also
• vary upon the specific offense committed.

While in some cases registration can last for years, it may last for decades or life in others.

Sex offenders will also face sex offender registration requirements depending on whether they move or enroll in a college or university.

1. What is a “sex offender”?

States have different definitions of the term “sex offender.” However, a sex offender is generally a person who commits a certain sex crime. Examples of these sex offenses include:

• rape,
• sexual assault/sexual battery,
• sodomy,
• child pornography,
• sexual abuse of a child,
• solicitation,
• oral copulation, and
• indecent exposure.

Note that convicted sex offenders have a general duty to complete “sex offender registration.”

“Registration” basically means that offenders have to keep their local law enforcement agency informed as to their general whereabouts. They are also obligated to provide authorities with certain identifying sex offender information.

While this identifying information often differs among states, it usually includes:

• an offender’s name, aliases, and phone numbers,
• residence, work, and school addresses,
• palm prints and fingerprints,
• the jurisdiction in which the person was convicted,
• a current photograph,
• a copy of a driver’s license, license plate number, and description of all vehicles owned, including boats and aircraft,
• the person’s social security number and date of birth, and
• the person’s email address.

2. How soon does the sex offender have to start registering?

Most states say that sex offenders must register as such shortly after they are either:

• released from custody, or
• sentenced (provided that the sentence does not include jail or prison time).

States differ in their definition of “shortly.”

• For example, some states like California, say that offenders must register with their local law enforcement agency within five working days of their release or sentence.¹
• In other states, like Washington State, offenders must complete their registration process within three working days of their release or sentence.²

Note that once sexual offenders complete their initial registration, within the applicable registration period, most state registration laws say that these offenders must re-register every year.

“Re-registration” largely means that registered sex offenders must update or verify their identifying information annually with their local police department or sheriff’s office within a few days (typically three to five business days) of their birthday.

3. What if the person moves or enrolls in school?

Typically, yes in most states. Most jurisdictions say that when a sex offender moves, the party must report to his/her local police department within a few days of the move.

Again, states define “a few days” differently. For example, New York law says an offender must notify law enforcement authorities no later than 10 days after moving.³

Similarly, most states say that sex offenders that enroll in a college or university must register with campus police (if the college or university has one) within a few working days of enrollment. The definition of a “few working days” will vary among states.⁴

4. For how long must registered offenders continue to register?

Sex offenders register as such for a period of time as determined by state law.

Note that many jurisdictions have three levels when it comes to sex offender classifications. These levels are usually labeled:

• Level 1 (the lowest level, or that level reserved for the least severe offenders),
• Level 2, and
• Level 3 (the highest level, or that level reserved for the most severe offenders).

Offenders are placed in a certain level based upon:

• the particular sexual offense they committed,
• a risk assessment regarding how likely offenders are to commit another sex crime, and
• the harm that certain offenders pose to public safety.⁵

Many states say that Level 1 offenders usually have to register as sex offenders for 10 years.

Level 2 offenders usually have to register as sex offenders for 20 years, some states like New York require sex offender registration for life.

Level 3 offenders typically have lifetime registration requirements.

Note that Level 3 offenders often include sexually violent predators and offenders that have committed violent offenses.

5. What if a person fails to meet his/her registration requirements?

Most states say that a person commits a separate criminal offense if he/she fails to register as a sex offender.

The crime is often charged as a felony (or sometimes a misdemeanor) and is punishable by several years in prison.⁶

Failure to register as a sex offender can also lead to the revocation of a person’s parole or probation.

Given these harsh penalties, people uncertain of their registration requirements should gain legal advice from a criminal defense lawyer or a law firm for help.

Note that the attorney-client relationship protects the communications with an attorney. It is unlawful for the lawyer to disclose these communications without a client’s permission.

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