Understanding ARS Sex Offender Registration: ARS 13-3821
Facing a failure to register as a sex offender Arizona charge is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona registration laws. It explains key terms and the sentencing guidelines for failure to register. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with failure to register, consult with a qualified Arizona sex offender registration attorney as soon as possible.
What is Failure to Register?
Arizona has designated a number of crimes, mostly sexual in nature, as crimes requiring registration. The following are the categories of crimes requiring registration:
- Sexual offenses
- Offenses involving the sexual exploitation of children
- Unlawful imprisonment of a minor
- Kidnapping of a minor
If you are convicted of any one of these crimes, you are legally required to register with the Department of Public Safety and local law enforcement. With few exceptions, this registration requirement is a lifelong obligation. Failure to register or properly update your registration information is a crime with its own penalties.
Registration Requirements:
If you are convicted of a crime that requires registration, you must comply with all of the following registration requirements:
- Pay an assessment of $250 to the county treasurer.
- Report to the sheriff’s office for registration within 10 days following a conviction for a qualifying offense. If you have a prior conviction of a qualifying offense, report to the sheriff’s office for registration within 3 days of entering and remaining in any Arizona county.
- Allow the sheriff to take your fingerprints and photograph of yourself.
- Allow the sheriff to take a DNA sample.
- Provide the following information to the sheriff:
- All names by which you are known.
- Any required online identifier.
- The name of any website or internet service where your identifier is used.
- Vehicle details if you own or operate a registered motor vehicle (make, model, year, color, VIN, state of registration, and license plate number).
- If you have legal custody of a school-enrolled child, the child’s name and enrollment status.
- Your residence details (physical location, address, whether permanent or temporary).
- Get an identification or driver license from the motor vehicle division, valid for one year. The motor vehicle division updates your address and photograph annually and shares daily address updates with the department of public safety or any law enforcement agency.
- Each year during the month of your birthday, report to the sheriff’s office and confirm or update the information provided at the time of registration.
Sentencing for Failure to Register:
ARS 13-3821 details the registration process. It is ARS 13-3824 that details the crime of failure to register. Failure to comply with the initial registration requirements is a Class 4 felony. Failure to comply with the annual registration requirements is a Class 6 felony.
The penalties for failure to register in Arizona are severe and vary based on your criminal history and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:
| Offense | Felony | Prison | Probation (max) |
|---|---|---|---|
| Failure to register: Initial requirements | Class 4 | 1 – 3.75 years | 4 years |
| Failure to register: Ongoing requirements | Class 6 | 0.33 – 2 years | 3 years |
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: ARS 13-3821 those convicted of certain crimes, mainly sex crimes, to register with the Arizona Department of Public Safety and local law enforcement. Crimes requiring registration include sexual offenses, offenses involving the sexual exploitation of children, unlawful imprisonment of a minor, and kidnapping of a minor.
- Registration Requirements:
- Pay a $250 assessment to the county treasurer.
- Report to the sheriff’s office within 10 days following a conviction of a qualifying offense or within 3 days of entering an Arizona county if previously convicted of a qualifying offense.
- Provide required information to the sheriff, including personal details, online identifiers, vehicle information, and residence details.
- Provide required identifying information to the sheriff, including fingerprints, a photograph, and a DNA sample.
- Obtain a nonoperating identification license or driver license from the motor vehicle division, valid for one year, which must be carried at all times.
- Annual update of required information and renewal of ID/license during the birthday month.
- Sentencing:
- Failure to comply with initial registration requirements is a Class 4 felony, punishable by 1 to 3.75 years in prison and up to 4 years of probation.
- Failure to comply with ongoing annual registration requirements is a Class 6 felony, punishable by 0.33 to 2 years in prison and up to 3 years of probation.
Next Steps:
Failure to register as a sex offender Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing ARS sex offender registration charges, under ARS 13 3821, engaging a skilled Arizona sex offender attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.