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Failure to Register

Before a person who will be subject to registration is released from jail or TYC, he will be informed of his registration requirements and the penalties for failure to comply. By this stage in the process, the person has likely reviewed the registration requirements with his attorney, as well as been questioned by the juvenile court about sex offender registration during the plea colloquy. The registration forms again explain the timelines of the registration requirements. Taken together, these repeated warnings make it difficult to defend a position that a respondent was not aware he was under an obligation to register.1

For juveniles subject to sex offender registration, failure to register is a state jail felony as a ten-year period of registration is involved. For adults who must register for life or high risk offenders who must register every ninety days, the penalty jumps to a third degree or second degree felony.

1 The other implication of the “collateral consequence” of registration is that if the trial court fails to admonish the juvenile about registration requirements, it does not affect the voluntariness of the plea.

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