Remember that “I forgot” is not an excuse.
An appeals court out of Maryland reminds us that forgetting does not excuse failure to register. The recently decided case of Hammond v. State, No. 0615, Sept. Term, 2024 (Md. App. Jan. 30, 2026) should serve as a cautious warning that registration obligations override anything else that might be going on in your life. In Hammond, the Maryland Court of Special Appeals affirmed the conviction of a man for knowingly failing to register as a sex offender. A man failed to re-register by his required registration date after experiencing some pretty difficult personal hardships, including multiple family deaths. He attended a family funeral on the day he was supposed to register. On appeal, Hammond argued that his failure to register was not done “knowingly” because he “just forgot” due to extenuating circumstances, and that forgetting should negate the “knowing” mental state required for the offense.
The appellate court rejected this argument. It held that prior notice of the registration obligation, combined with evidence that Hammond understood and had complied with registration requirements in the past, was sufficient to establish that he “knowingly” failed to register, even if his memory lapse was influenced by depression and grief. Even though it’s a different state, the outcome would be the same in Florida.
We have a lot of items to remember to register in Florida. Any time there’s a change in; permanent, temporary, or transient address, telephone numbers, email addresses and Internet identifiers, employment, vehicles, travel, and a bunch of other things. Plus, we have to remember to go in every 6 months or 90 days (or monthly if transient) even when there are no changes at all. With all the other challenges we need to deal with, it can be easy to forget – especially when you’re dealing with the death of a loved one, losing a job or searching for a place to live.
The takeaway here is simple: the courts are not going to accept “I forgot” as an excuse. No matter how much life is throwing at you, the legal system expects people on the registry to remember their registration obligations. That’s why it’s so important to put safeguards in place — calendars, alerts, trusted reminders — anything that helps you stay compliant. FAC offers a FREE registration reminder service for exactly this reason. It’s one small step that can make a huge difference and help prevent a missed deadline from turning into a new criminal charge. USE IT!
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There are more solid mental legal defenses to this situation than “I forgot” a competent defense atty could have used here, e.g., diminished mental capacity due to the stressors of his life, which are valid in situations such as this and could have been used. I’m not saying they would’ve been successful, but they may have been given the circumstances. Even those in robes have stretches of life where they are not at the top of the calendar or judicial game.
I’m not a medical professional (and don’t play one on TV) so I won’t address the temp insanity defense, but it is plausible if played right (though an atty and medical professional should determine that. This is not legal advice to play this card or any other card in your defense).
If not for the reminders I get, I may have forgot during weeks of grieving and confusion after several family situations a few times over the past years. Life can become overwhelming by surprise and throw all plans out of whack. Reminders are so valuable.
https://floridaactioncommittee.org/resources/text-reminder-service/
Which further illustrates the indirect punitive nature of those forced to appear on the exact “appointment date.” I remember when all you had to do was show up during your birthday month – or each subsquent month you had to – and it didn’t even matter what day, so long as showed up within that monthly window. I suspect the reason they started doing “appointments.” Don’t think for a second that it was for so-called efficienty or expediency, but rather to trigger a FTR with what we saw happen to this poor sod.
The registry has ALWAYS been inflexible, but they’ve recentely (and intentionally) created flaming hoops to jump through in an attempt to increase the likelihood of triggering a new offense.
This further adds evidence to the “in custody” attack angle. This is NOT like showing up lto renew your DL or letting an overdue bill lapse (where late fee or reconnection fees are incurred), The registry goes FAR beyond the scope of “duty to register” because it implies that our freedom is a conditionary privilege and failure to comply will enter be met with a penalty. PUNISHMENT.
So,, when you leave the local Sheriff’s, don’t think for a second that you’re “free or good to go” because you’re not.
FACTS
I kid you not, I had less issues and requirements on probation than I do on the registry. (Considering all the new requirements, rules, laws and ordinances to date). My probation officer checked on me once a week, but law enforcement came whenever they pleased, until they forced me to move to another county which became a blessing in disguise.
Sorry for all the spelling errors and typos I’m dyslexic with barely any sanity left.
I forgot to add that the registy forces our lives to be “in service” to an unpaid “duty.” No wiggle or breathing room, just strict robotic conformity to a law that will never protect ANYONE. Our lives are no longer our own when all we have is quasi-freedom with caveats and strings attached. Especially when we’re not even allowed the decency and extention of human error like others charged with “regular” crimes. Now we’re gonna be witch hunted extra hard because the whole Epstein fiasco and all that misguided “vigilance” will be aimed toward us.
I was not aware that there are counties in Florida with an appointment day rather than month. The Statute is clear on the month you were born and the 6th month after. I will have to read the Statute again concerning the 4x year registration but I do not believe that the State Statute allows for the setting of specific date appointments for registration.
Long have I felt that the access to registration offices should be 24hr and 365 days. For them to close the office before people get off work or to not have them open on weekends puts undue constraint on the registrant.
And Although I loathe Highlands County I have to say that the one thing they have right is that the Jail is open 24/7/365 to register. This is the way it should be other than registering at the jail is more dehumanizing than even the Sheriffs office.
Forgetting to register within a 30 day period is definitely no excuse, however being given a specific day or minimal open hours is outlandish.
Yes the reminder service is a great thing however it should not be needed.
James
My sheriff’s office had appointments for years. Then for some reason they dropped that I it is now a “Free for all. Open Monday-Friday only so those who work weekdays have to take at least part of their day off to register. And those like me who have to do it four times a year, sometimes the line to get in is upwards of an hour standing outside in the sun, waiting for your turn.
If you go later in the month, there is almost no line at all, but I choose to go on the first day available to get it out of the way, and also so I do not forget and get screwed. There is zero tolerance for forgetting or even if you were in the hospital at the time. As I see it, there is no exceptions, and made that way for us to fail. Sort of like a mouse trap.
Not looking forward to the not to distance future? The “I forgot” could be a real issue, starting to have early stages of dementia?? Have a host of things popping up that I simply don’t remember??? I did mention to the deputy that does the quarterly “show up, to tell him everything is the same, nothing has change thing”? But he just brushed it off? So. . .
This relates to me so much that I am obsessive over it.
I write down my 4 times a year on my calendar and highlight it in yellow marker. I also put in as a reminder in my phone. I also try and get it “Out of the way” on the first day that they open in the month that I register.
I keep ALL of my past registration papers as proof I registered and sometimes after I have registered, I freaked out and think I have missed my month, and I go back into my locked filing cabinet and make sure I did.
It is a shame we have to live like that, knowing if we miss just one check in, unlike baseball where 3 strikes and you are out, for us it is one strike and you are out, with no do overs or second chances.
We all know, no other group of people have to do these things, other than maybe related to those who have to check in at the probation office If they are still on paper.
And to add to that probation reference, just like probation, we have law enforcement visit us at random times of the year at our homes.