Forest Acres Sex Offender Registry

South Carolina’s sex offender registry law is one of the most stringent in the nation. Once you are on the Forest Acres sex offender registry, removal can be very difficult. However, this area of law has recently been subject to change, with lifetime registration being deemed unconstitutional. For those on the registry, this ruling could have major implications on your life. To learn more about sex offender registration requirements and to see if you are eligible for removal from the registry, contact a skilled attorney at our office today.

Sex Offender Status – Is It a Life Sentence?

Under South Carolina Code Annotated § 23-3-460, sex offender registration is generally for life. This involves a bi-annual registration process.

The law does not provide any review process as time passes and people change. Currently, as the law is written, the only way off the registry is if a person wins an acquittal on retrial, overturns the conviction on appeal, or receives a pardon based on a finding that the individual is not guilty. The South Carolina Supreme Court recently noted this lack of review and deemed lifetime registration unconstitutional, meaning that those facing lifetime registration could have a chance to be removed from the registry. By working with a seasoned lawyer in Forest Acres, those on the registry could get a second chance to clear their names.

Non-Compliance is a Crime in Forest Acres

Violating registration requirements may lead to new criminal charges, punishable by incarceration and fines. Infractions may arise from not complying with registration obligations, providing false information, or living in a prohibited area.

Failing to Properly Register

The registry law imposes numerous reporting requirements on alleged sex offenders, including notifying the county sheriff of their current address, employment, school enrollment status, volunteering commitments, and other contacts with the county. Those on the registry must also report any changes in these involvements. If an individual fails to keep this information current or presents inaccurate information, they may have committed a crime as outlined in S.C. Code Ann. §§ 23-3-470 and 23-3-475.

First-time convictions subject offenders to a maximum of 366 days in jail and fines up to $1,000. If it is a person’s second misstep, they must serve a mandatory 366 days incarcerated. All subsequent violations amount to felonies, which impose mandatory sentences of five years in prison.

Residential Limitations

S.C. Code Ann. § 23-3-535 designates certain areas where those convicted of sex offenses cannot legally reside. With limited exceptions, if individuals live within 1,000 feet of those places, they could be subject to criminal charges. Individuals have 30 days to move once the sheriff notifies them of their violation.

First-time offenders risk up to 30 days incarceration and $500 fines. Penalties increase to maximum jail times of three years and $1,000 fines for second-time offenders. Those who commit three or more violations face felony charges, carrying sentences of maximum imprisonment for five years and fines up to $5,000.

Schedule a Consultation with a Forest Acres Attorney to Discuss Your Sex Offender Registry Case

The easiest way to avoid being placed on the Forest Acres sex offender registry is to fight initial sex crime charges vigorously. If you are facing accusations of misconduct, reach out to an experienced attorney at our office right away. Our team is well-versed in sex crime cases and could help you build a robust defense against your charges.

For those already on the registry, you are not without options. A lawyer could go over your case and help you determine whether you are eligible for removal. Contact us today to get started.