Sex offender registration is a state and federal requirement for people convicted of certain sexual offenses. The particularities of registration depend on each state’s law, and a person required to register must follow the particular state law that applies for them. Registration and living with the restrictions imposed by the laws can make life difficult; therefore, it is important to fight sex crimes charges by consulting with an experienced sex crimes attorney in Chicago.
Who is required to register?
In Illinois, under 730 ILCS 150/3(a), people who are categorized as sex offenders or sexual predators are required to register. A sex offender is defined as a person who is charged with a sex crime or the attempt to commit a sex crime under Illinois law, or any substantially similar domestic or foreign law – including military law, and is:
- Convicted of the commission of crime or attempted commission of the crime.
- Found not guilty due to insanity under Illinois law, or any substantially similar domestic or foreign law – including military law.
- Involved in a finding not resulting in an acquittal at a hearing for the alleged commission or attempted commission of the offense under Illinois law, or any substantially similar domestic or foreign law – including military law.
A sex offender is also a person who has been declared a sexually violent or a sexually dangerous person.
There are some cases where registration is required even though the crime charged is not a sex crime if the crime is sexually motivated, and was committed on or after January 1, 1996, the victim is under 18, and the accused is not a parent of the victim. These crimes include kidnapping, aggravated kidnapping, unlawful restraint, and aggravated unlawful restraint. First degree murder is also included if it was sexually motivated. There are additional charges listed under 730 ILCS 150/2 that may lead to a requirement of sex offender registration. Therefore, because conviction on non-sex crimes may lead to sex offender registration requirements in some cases, you should not speak to police officers without a Chicago sex crimes defense attorney present to protect your rights.
A person required to register as a sex offender is supposed to register with the law enforcement agency where he or she resides, once every year for a period of 10 years; for people classified as sexual predators, registration is once a year for life. Some offenders may be required to register every 90 days for life. If homeless, a person has to register every 7 days.
When registering, a person has to provide a photograph, and information on his or her place of employment, residence, and contact information. In addition, a person registering as a sex offender has to reveal all internet activity that they regularly carry on, including chat rooms and websites that they frequent and post on.730 ILCS 150/3(a). If the person moves or visits another jurisdiction for more than 3 days, or has any other changes to his or her registered information, he or she must notify law enforcement within 3 days.
Failure to register as required is a Class 3 felony, and a Class 2 felony for second or subsequent offenses. If a person gives false or misleading statements during registration, this is also a Class 3 felony.
If you or a loved one is charged with a sex crime, contact Chicago knowledgeable sex crimes defense attorneys at Goldman & Associates for a consultation on your case today.