MD: “I Forgot” Is Not a Defense to Failure to Register, But the Court Recognizes Real Exceptions
On October 26, 2026, the Supreme Court of Maryland decided Hammond v. State (No. 5, Sept. Term 2026), its first ruling on whether forgetting a registration date can be a defense to “knowingly” failing to register under Maryland’s registry law (CP § 11-721(a)).
Hammond, a Tier I registrant in Charles County, registered in February 2023 and signed a form setting his next in-person registration for August 1, 2023. He missed it. That summer he had lost about eight family members, including a cousin he called “like a second mom,” who died by suicide. Her funeral was held on August 1, the exact day he was supposed to register. He was being treated for depression, and his medication had to be adjusted. He contacted the registering detective on August 16, after a warrant had already been issued, and said the date had slipped his mind. The trial court convicted him and imposed a five-year sentence, all suspended, with unsupervised probation. The Appellate Court affirmed so he appealed to the Maryland Supreme Court.
The Supreme Court also affirmed. It held that once the State shows a registrant had notice of the duty to register and didn’t do it, that is generally enough to prove a “knowing” failure. Simply forgetting, even during grief, depression, or other hard circumstances, does not erase that knowledge. The court adopted California’s reasoning that “forgetting presupposes knowledge.” It also rejected the argument that the State must prove the registrant was actively aware of the duty on the specific date, and it declined to apply the rule of lenity.
However, there is a positive outcome from this case. The court did not close the door completely. It identified three situations that can serve as a defense:
A serious medical condition. This must be a medically diagnosed condition that the person did not bring on themselves, such as late-stage Alzheimer’s disease, late-stage dementia, or a similar condition. It must cause memory or cognitive problems severe enough that the person cannot know or be aware of their registration obligations. A condition that only makes remembering harder is not enough, and the court said this would ordinarily need expert testimony.
Lack of notice. If a registrant was never properly told of the obligation, they cannot knowingly fail to meet it. This follows the U.S. Supreme Court’s Lambert v. California.
Impossibility. If circumstances outside the registrant’s control prevent compliance, that can be a defense. The court’s example was an unexpected hospitalization. It also pointed to earlier Maryland cases reversing convictions of homeless registrants who had no “residence” to report.
The court also agreed that a trial judge may weigh forgetfulness, mental health struggles, and personal hardship as mitigation at sentencing, and may tailor a sentence to account for them. Written recognition of these defenses by a state high court matters. They give registrants and their attorneys something concrete to point to when a missed registration really was beyond someone’s control.
Many people go years without a mistake, and then a crisis hits. FAC reminds it’s members to put every registration date in multiple places so that you don’t forget. Set a reminder in your phone, write it on a paper calendar, and have a friend or family member do the same so that they can remind you. And don’t forget FAC offers a FREE TEXT REMINDER SERVICE, which you should immediately sign up for if you have not already.
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What if a person has Alzheimer’s?
In Maryland, apparently it’s a defense. In Florida it’s not.
Jerry
Then the person will have Alzheimer in prison. Depending on the judge giving sympathy but even judges have to go by the guidelines. But I have seen many, many articles over the years from FAC about someone going to prison even though they may be mentally unaware of their crime?
I see stories on the news all the time some 10-time felon getting some probation AGAIN, but we make a single paperwork error or forget one-time to register, ALL Hell breaks loose. Seems like a double standard.
Yeah I was always under the assumption that
You have the whole month
To Register. Doesn’t the law itself say something about within the month?
This case was from Maryland, not Florida.
In Florida, Section 943.0435(14)(c) provides: The sheriff’s office may determine the appropriate times and days for reporting by the sexual offender, which must be consistent with the reporting requirements of this subsection.
The court adopted California’s reasoning that “forgetting presupposes knowledge.”
I love their word salad to justify their nonsense lol. What a clown world we live in I swear.
Nonsense.
If a person forgets to do anything they have not knowingly choose to not do it.
But the Sex Offense Registries are nothing but stupidity and harassment, so this fits perfectly.
In the state where I live, PFRs are forced to give big government specific information. If any of that information changes at any time, a PFR must report that change at the time. So the yearly (or more frequent) government office visit provides no new information at all. Yet a PFR must go there and hand write like 10 pages of the exact same information that big government already has. On paper. Like in the 1900s. Then they store all that somewhere. It could hardly get more asinine.
How does missing that by a few days or week affect public safety in any way? Further, isn’t big government “monitoring” PFRs? That is what they lie to the public. They don’t know if a PFR absconds 8 months ago until he/she doesn’t visit them for a yearly paper session?
But beyond that, where I live, a PFR has only a 3 day window to visit. If that falls across a weekend, too bad, you have 1 day. Why? Why isn’t it 2 weeks? What’s the difference? It is that way because of idiocy and Registry Supporters (RS) are a**holes at their core.
So why not give PFRs 2 weeks? And if a PFR hasn’t done it within the first week, big government could easily have their expensive, taxpayer funded computing systems call and email the PFR directly and remind them to visit. Have the computers do it every day until it is done. What’s the big deal?
The big deal is that big government loves to convict people of crimes. Keeps them busy, keeps their jobs programs going, and drives more $$$$$$$$$ into their carceral businesses. Then they can run more propaganda to fleece more $$$$ from taxpayers.
[moderated].
Where I register you have the entire month to register in the month I register. I usually make a point to go on the first day of the month (Unless it is a weekend) and get it over with. They used to make us do appointments but my location did away with appointments and the line often wraps around the building.
I have to register every 90 days even though I am not on probation and not a predator.
Same have the whole month Tuesday – Thursday. I am a day one’r usually the 2nd or 3rd guy in line.
Tearful, you from Columbia?