Cayce Sex Offender Registry

Having your name on the Cayce sex offender registry is extremely burdensome. You need to comply with numerous notice requirements, and inclusion on this list can prevent you from moving forward in many aspects of your life, despite having already served your sentence.

Although the situation may seem inescapable, a seasoned defense attorney could help you understand your situation and your options better. It might even be the case that you are eligible in the future to be removed from the registry entirely. To learn more, contact our office today.

Who Must Register as a Sex Offender?

Most, but not all, sex-related offenses require registering with the State. South Carolina Code Annotated § 23-3-430 identifies the specific crimes and explains that registration can extend beyond the specific offenses laid out in the statute.

It does not matter where the alleged incident occurred – in South Carolina, elsewhere in the U.S., or a foreign country. All individuals who served time or sustained other forms of punishment for committing certain sex-related crimes must fulfill the registration requirements if they live, work, go to school, volunteer, or own property in Cayce.

Understanding How the Cayce Registry Works

As a person approaches completing their sentence, they must inform the South Carolina Law Enforcement Division (SLED) about where they intend to live upon release. SLED then notifies the appropriate county sheriff about the individual’s pending release and prospective address. S.C. Code Ann. § 23-3-440 gives the individual one day from their release date to appear before that sheriff and complete their registration.

Former offenders must keep their address up to date, provide sheriffs with current pictures, and renew their registrations biannually– on their birthdays and six months after that. Other, more serious offenses require 90-day registration renewals. If an individual moves into a new county, they must register with that county’s sheriff within three days of them taking residence.

Violations of these mandatory requirements are punishable criminal offenses. S.C. Code Ann. §§ 23-3-470 and 23-3-475 distinguish between misdemeanor and felony infractions, depending on whether the individual is a first-time or repeat offender. Punishments may include up to five years in prison and fines of up to $1,000.

The best way to avoid being added to the sex offender registry is to respond aggressively to any sex crime allegation with the help of an experienced Cayce attorney. However, sometimes things do not go a defendant’s way, and they need to look toward other avenues.

Discontinuing a Person’s Registration Obligations

Up until recently, there was very little opportunity to get off of the Cayce sex offender registry. S.C. Code Ann. § 23-3-430(E) and 23-3-460 establish that a person remains on the State’s list for life unless a court overturns their case, dismisses the charges, or they win an acquittal on retrial. However, the South Carolina Supreme Court recently weighed in on the registry-for-life issue.

The Court found the requirement unconstitutional because the law does not allow for judicial review of a person’s situation, which might uncover reasons to remove the individual from the list. While good news for registered sex offenders, the decision does not immediately relieve individuals of their continuing duties. Instead, the court directed lawmakers to address the issue and introduce processes that remedy the court’s concerns.

This development opens the door to second chances for many individuals currently registered in the state. It is advisable for those on the registry to consult with reputable counsel to determine how this decision may affect their obligations to continue to register as a sex offender in Cayce.

Discuss Your Cayce Sex Offender Registry Case with an Attorney

Continued sex offender registration with the state can be frustrating, especially when you have already served your time. If you are facing registration or dealing with existing requirements, a knowledgeable attorney could help you understand your options. Call today to speak with a dedicated legal professional about your Cayce sex offender registry case.