Mount Pleasant Sex Offender Registry

When you become a suspect in a sex crimes case, time behind bars and hefty fines are not your only worries. Many sex-related convictions have the potential to tarnish your reputation and require you to provide your personal information for the Mount Pleasant sex offender registry. Registration in South Carolina is generally for life.

It is crucial to understand your duties as a registrant so that you do not incur additional criminal charges. A seasoned defense attorney can help ensure that you follow registration requirements and evaluate your case to see if you are eligible for removal.

Mount Pleasant Registry Obligations

Alleged offenders must appear before their county sheriff to complete their registration within one business day of being released from custody. However, their legal obligations do not end there. South Carolina Code Annotated §§ 23-3-450 and 23-3-460 outline the various responsibilities imposed upon sex offender registrants:

• Periodic re-registration (depending on the offense – every 90 days or every six months)
• Change of address notifications
• Updates about changes in employment, schooling, volunteer involvement
• Maintaining current photos

S.C. Code Ann. § 23-3-535 also places limitations on where registrants may live. Those on the sex offender registry are not permitted to reside within 1,000 feet of schools, parks, children’s recreational facilities (e.g., playgrounds), and daycare centers. If the county sheriff notifies a registrant that they are in violation, they have 30 days to move.

What Happens if a Person Does Not Fulfill Their Registry Obligations?

Failure to comply with the responsibilities and restrictions established under state law could lead to criminal charges for sex offender registrants in Mount Pleasant. How often a person violates this law directly impacts the severity of the charges and the punishment. First and second-time offenders face misdemeanor charges, while three or more infractions lead to felony charges.

Misdemeanor registration transgressions expose individuals to a maximum of 366 days in prison and fines up to $1,000. Felony convictions subject individuals to incarceration terms not exceeding five years. If the violation stems from the failure to vacate a prohibited living space, misdemeanor offenders (first and second-time wrongdoing) may receive sentences of no more than three years in prison and maximum fines of $1,000. All subsequent infractions fall into the felony category, punishable with jail terms not exceeding five years and fines up to $5,000.

To avoid additional charges, it is best to be aware of registration requirements. Local attorneys familiar with the registry law and requirements could help those on the registry stay compliant and avoid unnecessary contact with the legal system.

Removal from the Sex Offender Registry

Once on the registry, removal can be difficult. The law provides no opportunity to review a person’s status as the years pass. Until recently, the only hope for removal is overturning the verdict on appeal, winning an acquittal at a retrial, or receiving a pardon for particular reasons. However, a new South Carolina Supreme Court decision gives those labeled sex offenders hope.

The Supreme Court ruled the lifetime registration requirement outlined in S.C. Code Ann. § 23-3-460 unconstitutional. The Court reached this decision because the law does not provide a judicial review process of those on the Mount Pleasant registry. Lawmakers must now introduce legislation to rectify this illegal provision. Anyone facing lifetime registration in Mount Pleasant should consult with a skilled attorney to evaluate their case and their potential for removal from the registry.

Discuss Your Situation with a Mount Pleasant Sex Offender Registry Attorney

Living with the sex offender label is not easy and, in some cases, unwarranted. Our dedicated defense team could help you understand how to fulfill your legal obligations, avoid further trouble with the law, and determine if any opportunities exist to review your status on the Mount Pleasant sex offender registry. Reach out to our office today to learn more.