Member Submission: Age of Consent
Following was sent in by a member.
I recently spoke to an attorney in Georgia. I was inquiring about the possibility to relocate and my residency and registration requirements as well as the time frame and procedure to be removed from Georgia registry. He informed me a few things but one thing that sticks out is that due to the age of my victim which I was convicted for, 17, I may not ever have to register in Georgia because the age of consent there is 16.
However, in my opinion, the fact that I’m required to remain in Florida registry forever may trump that and force me to register plus as long as I’m alive, in Florida or not, I’ll always always always have to follow travel restrictions to other states as well as international.
After speaking to the attorney, I researched age of consent throughout the country. In fact, there’s only a handful of states where the age of consent is 18. Many are 17, and a very large number, 16. Which is amazing. If I were just north of here when the incident occurred, I wouldn’t have gone to jail, been convicted, or have to register for life. It’s unbelievable how different every state is on something so, not only common, but criticized.
Just wanted to share and welcome any thoughts, or additional facts.
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I am in a similar situation. In 1999, I was convicted of violating Florida Statute 794.05(1) for having consensual sexual activity with a 16-year old male who was within two weeks of his 17th birthday. The offense took place in August 1997, when I was 25 years old and he was 16 (on the verge of becoming 17). The victim was 19 when the case went to court. This is the only crime I have ever been arrested for in my entire life. It took place almost 22 years ago, and I am now 47 years old. If Florida law does not change and I am never arrested in the future, I will (in theory) be able to petition a Florida circuit court to be removed from the registry in December of 2035, which is 25 years from the end of my term of probation.
It is my understanding that, based on the way some state laws are written, in some states where the age of consent is 16 I may not have to register, either because of the amount of time that has passed since my offense and/or because the underlying behavior does not constitute a crime in that state. However, in some other states where the age of consent is 16, I would still have to register since I am required to register in Florida, the state where the offense took place. Every state’s registration laws are unique, so the small details and technicalities matter a lot.
I once spoke with an attorney in Washington, D.C. who confirmed that I would not have to register there for two reasons: the age of consent in the District of Columbia is 16 so my offense is not “registerable” there and also because non-violent sex offenders in D.C. are only required to register for 10 years from the date of their release from incarceration or the date they were placed on probation, if there was no incarceration (as was the case with me). At the same time, I also spoke with an attorney in West Virginia — the state where I was born and raised — who was unsure whether I would have to register there, even though the age of consent is 16, due to how the laws are written in West Virginia.
Nevertheless, I am going to stay in Florida and continue to fight, because this in my home, this is where my career and friends are, and I like living here, despite the state’s draconian sex offender registration laws. I’m continuing to hold out hope that things will eventually get better here.
Interesting indeed. But also, other states aren’t sucking the Fed’s tits for that grant money and doing sting operations all over their states like Floriduh is. This state truly is a cesspool of stupidity and injustice.
I mean, this is the same state that’s known for the Dozier School for Boys and the racial genocide over there in the panhandle…I forget where that was.
Rosewood near cedar key.
If you are lucky enough to move to a State and upon registering are informed that you do not have to register, then go for it. For such a thing to happen the crime for which you were convicted in Florida has to either not be a crime at all in the new State or wasn’t a crime at the time you were convicted. I was able to be taken off the registry in my new State when, as a result of my own research, I challenged the new State on my requirement to register as my crime was not a crime in the new State at the time. As a result, I am listed on the Florida registry as “out of state” with only the city and state listed and am not listed at all in my new State. This has been a gift for which I have been very grateful. Though finding employment remains a major life hurdle, I am free of all requirements as Florida no longer has a say in anything I do. I travel to other states freely and will only encounter issues if I were to travel internationally or if I return to Florida. So i say this to say that yes, it’s a shame that I remain on the Florida registry, but don’t take lightly the idea of living in a another State who says you don’t have to register. Remember, however, that’s a decision that you nor even the law makes, at least initially. You still have to go through the motions and let the State officially decide. That is very important. THEN, if for some reason the State errors in requiring you, like in my State, you can try and fight that. I was lucky and won but make no mistake that letter that they sent me stating they were in error and that i was to be removed from that State’s registry, is a letter I keep in my wallet along with a copy in my car. Once out of Florida, they no longer have control over you. It’s all up to the new State but only after you complete your initial registration. But yes, you are correct a State should not require you to register if your crime isn’t even a crime in that State or if your crime was not a crime at the time of commission in Florida per that State’s ex post facto law. In either case, however, you most likely will have to force them to comply, understanding that everything comes after your initial registration or at least an attempted registration upon your immediate arrival in the new State. Should you not do so, you could be arrested and charged by US Marshalls for the federal crime of failing to register as is required under the Adam Walsh Act. I have great hope and am currently trying to come up with a decent donation for FAC’s “out of state” lawsuit which currently is in need of funding before it can move forward.
To further clarify: most States remove a name when that person moves out of their State because they no longer have any legal say in requiring that person to do anything. Florida, of course, does not do this. When you move out of Florida, you remain on the registry for life, which serves no legitimate purpose as they lose all ability to track you, obtain a recent photograph, etc. Hence, FAC’s “out of state” lawsuit seeks to require Florida to remove names of registrants who no longer reside in Florida. This is an important case as it creates an avenue of total relief from registration. Because I remain on Florida’s registry, even though I no longer reside there, the Federal Government still considers me a “registered sex offender” which triggers even the most basic of background checks (which usually have a time limit on convictions but not on registry searches) and even a Google search of my name is still easily visible. If I could be removed from Florida’s registry all of that goes away.
It’s called law and order. Truth is most people don’t give a crap about you or the registry except those that profit off you. Good luck In GA don’t forget to throw all your trash out the window before you cross the border GA has some hefty littering fines and likes thier roads clean.
One thing that concerns me is the travel notification you mentioned.. if a person isn’t required to register in the state he is residing anymore why would they need to disclose their international travel to the US Marshall?
Hey I am in a similar situation! I am registered in Oregon and have been talking to a attorney about moving to Colorado. Since the age of consent is 16 I might have a chance to be removed off the registery in Colorado if i decide to live there.
It took me 2 years to get off Georgia registry for California misdemeanor (Georgia does not register misdemeanors, and it would not have been a crime in Georgia). I was convicted after I moved to Georgia, and the decision to remove me hinged on the fact I was a Georgia resident at time of conviction. Had I moved after conviction I believe I would still be registered.
The difference between 42-1-12(e)(5) and (6) was critical in my case.