Georgia Criminal Defense Blog

Convicted Sex Offender Accused of Illegal Choice of Marietta Residence

Posted by Richard Lawson | Apr 21, 2020 | 0 Comments

Marietta, Ga. - According to reports out of Cobb County, a convict and sex offender has been arrested for moving into a residence located within 1,000 feet of a day care as well as two churches, a school, two playgrounds, and two pools.

Sex crimes in Georgia tend to be extremely stigmatized. Most people think of Law and Order: SVU. But on the same note, that means a lot of people are unaware of the laws that pertain to sex offenses as well as convicted sex offenders.

The man in the story above has been accused of signing a lease. Which to any normal person seems outrageous. However, as mentioned above, he is a convicted sex offender. This means that he is not allowed to live within 1,000 feet of places where children often play. This includes churches, schools, playgrounds, day cares, etc.

He is also charged with failing to let authorities know as well as failing to register properly with the Georgia Sex Offender Registry.

As I have already mentioned - most people are unfamiliar with the law. In today's post I will outline the offense of failure to register as a sex offender in Georgia. This law covers a multitude of actions.

The accused man remains in custody and has been denied bond in Georgia.

Failure to Register as a Sex Offender in Georgia

Failure to Register as a Sex Offender in Georgia is defined in O.C.G.A. §42-1-12 in the Georgia Code. If required to register as a sex offender in Georgia, you must:

1. Provide the required information to the appropriate law enforcement official before you are released from prison or placed on parole, supervised release, or probation;

2. Register in person with the sheriff of the county in which you reside within 72 hours after your release

3. If you are homeless, you still have 72 hours to notify the sheriff of the county where you sleep.

If you are required to register as a sex offender and fail to do so, there will be severe repercussions. A first conviction for failing to report your address is punished by a prison term between one and thirty years.

A second conviction for failing to register will be a prison term between five and thirty years.

Practice Note

Whether or not commission of this offense was purposeful or by accident is irrelevant. Failure to register as a sex offender is known as a strict liability crime. The simple act of not reporting and not registering is enough to sustain a conviction.

If you have been arrested call our offices. A Georgia Sex Crimes Lawyer can help you with your case today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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