After being convicted of a sex crime in Lexington, KY, you may have to register as a sex offender in Kentucky. Failing to register is an independent crime that has far-reaching penalties.
Like many states, the commonwealth of Kentucky takes a serious stance on sex crimes. Even after serving a lengthy prison sentence, many offenders are required to register as sex offenders upon release.
If you’ve been charged with failing to register as a sex offender, you should contact a Lexington criminal defense attorney immediately. At Suhre & Associates, LLC, we zealously represent clients accused of failing to register as a sex defender. Our legal team has a winning track record or getting these charges dismissed or reduced.
If you’re worried you have failed to register as a sex offender after your sex crime conviction, contact our office today at 859-569-4014 for a free consultation. Our Lexington failure to register as a sex offender lawyers are ready to help you.
Why You Need a Lexington Criminal Defense Attorney if You Failed to Register as a Sex Offender
It is easy to fail to register. Many people assume they are automatically added. Other offenders may move to Kentucky from another state and assume that their registration will be carried over when they change their address.
However, law enforcement and prosecutors in Lexington are extremely tough on those who fail to register. These entities treat sex crimes seriously, and they may take your failure to register as a sign you will engage in other sex crimes. If you realize or are notified that you failed to register, an experienced attorney can help you minimize the consequences of failing to register.
At Suhre & Associates, LLC, our Lexington criminal defense lawyers have more than 100 years of combined experience. Our team includes a former police officer and a former prosecutor. We understand what is at stake and what needs to be done.
When you hire our Lexington failure to register as a sex offender lawyers, we will:
- review all evidence in your case, including the order requiring you to register as a sex offender
- communicate with you regularly to ensure you are informed about the legal process as your case proceeds.
- handle all negotiations and discussions with the prosecution and seek dismissal or reduction of the charges
- Take your case to trial and represent you in court if the prosecution will not dismiss or reduce your charges.
If you are facing charges of failing to register as a sex offender in Lexington, do not delay contacting an attorney. Call Suhre & Associates, LLC to speak with a sex crimes lawyer about your legal rights and options. Your initial consultation is free, and we can begin helping you immediately.
Crimes in Kentucky That May Require an Offender to Register as a Sex Offender
Individuals convicted of sex offenses against children and adults may be required to register as a sex offender.
Length of registration is based on several factors:
- The type of offense you were convicted of
- Whether you have/had multiple convictions
- Your history of specific sexual offenses against victims who are minors
In Kentucky, offenders have a mandatory lifetime registration as a sex offender is mandatory if they were convicted, released, or registered after April 11, 2000, for the crimes of:
- Rape In the First Degree – KRS § 510.040
- Sodomy In the First Degree – KRS § 510.070
- Kidnapping or Unlawful Confinement of a Minor (except by a parent) – KRS § 509.040
- Those convicted of two or more felony criminal offenses against victims who are minors
- Those convicted of a sex crime who have prior convictions of specified offenses
- Offenders moving into Kentucky and registering as a sex offender from another state
- Anyone designated as a Sexually Violent Predator in another jurisdiction (state, territory, or another country under federal law)
Other crimes may require sex offender registration for shorter durations.
For example, some crimes that require registration for 20 years include:
- Rape (second or third-degree) – KRS § 510.050, § 510.060
- Sodomy (second or third-degree) – KRS § 510.080, § 510.090
- Sexual Abuse (first, second, or third-degree) – KRS § 510.110, § 510.120, § 510.130
- Sexual Misconduct – KRS § 510.140
- Indecent Exposure – KRS § 510.148
- Incest – KRS § 530.020
- Unlawful Transaction with a Minor 1st Degree – KRS § 530.064
- Use of a Minor in a Sexual Performance – KRS § 531.310
- Promoting a Sexual Performance by a Minor – KRS § 531.320
- A Felony Attempt to Commit a Felony Offense
- A Federal Felony Offense that is Similar to a State Offense.
If offenders are re-incarcerated, their time on the sex offender registry is “paused” while serving their jail or prison sentence and resumes on release.
How Do Offenders Register in Kentucky?
Before a convicted sex offender is released from prison, they must report their address to the Department of Corrections or the Division of Probation & Parole upon being assigned probation. Individuals moving from another state must report their address also.
The offender must complete and sign a standard registration form. The form is then forwarded to the Kentucky State Police. The KSP will include the information in its website and sex offender database.
If an offender moves to a different address, they must report the change of address to the local Probation and Parole office PRIOR to actually moving. The Probation and Parole office will forward the address change form to Kentucky State police to update their website and sex offender database.
Moving without complying with proper procedures subjects an offender to a Class D felony for a first offense and Class C felony for any subsequent offense.
What if You Moved to Kentucky From Another State?
State law requires you to abide by Kentucky law upon moving to Kentucky rather than the state from which you moved. For example, failing to register as a sex offender is a misdemeanor in California. If you move to Kentucky from California and fail to register, you would be charged with a felony.
How Does Registering as a Sex Offender Work in Kentucky?
Registering as a sex offender means providing your address and identifying information (physical description, DNA sample, fingerprints, social security number, and Internet communication identities). Kentucky does not require in-person appearances at a police station. Instead, verification occurs through the mail. Offenders deemed lifetime registrants must send the address verification every 90 days. Offenders who have to register for 10 or 20 years are required to sign the form and mail it in annually.
What is the Purpose of the Kentucky Sex Offender Registration Website?
Information provided on the Kentucky State Police website is for safety and awareness. The database is not designed to be used to punish or embarrass offenders. In fact, the use of information from the website to harass a sex offender is a crime punishable by up to 90 days in jail (KRS § 525.070 and § 525.080).
Do You Need to Send Updated Photographs To Kentucky State Police?
KRS § 17.510(4) requires sex offenders to take and submit a new photograph at least once every two years. The registrant is responsible for the cost of this.
Are Sex Offenders on Probation or Parole?
Most registered sex offenders are not currently supervised by a parole officer or state agency. After serving a sentence and completing a probationary period, sex offenders are free to move around and travel, as long as they comply with Kentucky State registration laws.
Can Registered Sex Offenders In Kentucky Travel Outside of the United States?
If a sex offender desires to travel outside the United States, they must provide the following information to the local probation and parole office at least 21 days before traveling:
- Their passport number and country of issue
- The dates of departure, travel, and return
- The foreign countries, colonies, territories, or possessions that the registrant will visit.
Upon return, no later than five working days, the registrant must check in and provide.
- The date he or she departed, traveled, and returned
- The foreign countries, colonies, territories, or possessions that the registrant visited.
Of course, if you are on probation or parole for other crimes, you are on a conditional release and may be subject to more limiting restrictions on travel.
Are Sex Offender Registrants Limited to Living in Certain Areas?
Under KRS 17.545, a registrant cannot live within one thousand feet of a preschool, elementary school, middle school, high school, publicly owned or leased playground, or licensed daycare facility. The 1,000-foot measurement is a straight line distance from the nearest property line to the nearest property line.
The registered sex offender must determine whether a residence is within 1,000 feet of a school or facility. If a new facility opens within 1,000 feet of a registrant’s residence, the registrant must move within 90 days. Violation of KRS 17.545 is a Class A misdemeanor for a first offense and a Class D felony for any subsequent offense.
What are the Penalties for Failing to Register as a Sex Offender in Kentucky?
Non-compliance with Kentucky sex offender laws (KRS § 17.510) is a Class D felony for the first offense and a Class C felony for each subsequent offense.
A Class D Felony Conviction in Kentucky carries a 1-5 year prison sentence. A Class C felony conviction in Kentucky carries a 5-10 year prison sentence. Accompanying fines for felonies can range from $1,000 to $10,000.
In determining a fine, the judge will consider how much you can pay, the hardships the fine may impose on your dependents, how much you gained from the crime (if anything), and if a fine will affect your ability to pay the victim restitution or reparation.
What Defenses Are Available for Failing to Register as a Sex Offender in Kentucky?
The state must prove you willfully failed to register as a sex offender.
Defenses that may be available to accusations of failure to register include:
- You didn’t know you had a duty to register
- A medical disability prevented you from understanding the requirement
- A clerical or technical error prevented your registration from processing
- Your actions were not willful
- The state made a mistake or lost your registration
- You were falsely accused.
A skilled Lexington criminal defense lawyer can examine your case and help you present the strongest defense to reach the best possible outcome.
Talk to a Lexington Criminal Defense Lawyer About Your Failure To Register As a Sex Offender Case Today
If you are facing criminal charges for failure to register as a sex offender in Lexington, KY, contact our lawyers to discuss your case. We have experienced, dedicated Lexington failure to register as a sex offender lawyers available to help you 24/7. If we are able to begin working your defense immediately, you will have the best chance of a positive outcome.