No, you will not trigger the requirements of Florida, but you will trigger the requirements of SORNA if you establish residence in another state.

Just leave Florida out of the discussion for the moment.

I don't know in which state you currently live and register, but for the sake of our discussion, it does not matter.

In your current state----whether it be Nebraska, California, Oklahoma, or any of the states-----IF you ever are removed from your current state's sex offender registry, you had better stay there and not establish residence in another state.

If you move, you will have engaged in Interstate Commerce, which will open you up to a federal requirement to register in the state you moved to.

Let's use my case for an example to make it easy. I was removed from the Oklahoma sex offender registry last year. If I moved to Kansas, I would have engaged in Interstate Commerce, which would trip the SORNA requirement to register in the new state. Then I would be back on the registry in Kansas.

Not only is there a state-by-state requirement to register, there is also a SORNA/AWA requirement to register but it does not kick in until you engage in Interstate Commerce, which you will have if you move.

You guys off the registry can move at your own peril, but if you do, don't be surprised if you wake up some morning to find a couple of United States Marshals on your doorstep wanting to arrest you for Failure to Register under SORNA.

rewdiazepam

Registered,

This is a copy and paste directly from the government site discussing SORNA-----

http://tinyurl.com/nwzwugn

In which jurisdictions must sex offenders register?

SORNA requires sex offenders to register and keep their registration current in each jurisdiction in which they reside, are employed, or attend school. A sex offender must also initially register in the jurisdiction in which convicted if it is different from the jurisdiction of residence. Jurisdictions’ registration programs must incorporate theses requirements to implement SORNA.


What is the federal penalty for failure to register?

Under 18 U.S.C. §2250, the federal failure-to-register offense, a federal criminal penalty of up to 10 years of imprisonment exists for sex offenders required to register under SORNA who knowingly fail to register or update a registration as required where circumstances supporting federal jurisdiction exist, such as interstate or international travel or travel on or off an Indian reservation by a sex offender, or conviction of a federal sex offense for which registration is required.

Can a non-federally convicted sex offender be prosecuted in the federal system for failure to register?

Yes. If a sex offender convicted or adjudicated delinquent in a jurisdiction’s court is required to register under SORNA, and knowingly fails to register or update a registration as required, and the sex offender engages in interstate or international travel or enter or leaves or resides in Indian country, then the offender can be prosecuted under 18 U.S.C. §2250, the federal failure-to-register offense.

There is not only a state requirement to register, but also a federal requirement with the passage of SORNA, but the federal requirement does not kick in until the registrant engages in Interstate Commerce by moving.

Registrants have the misconception that once they are removed from the registry, they can just move to any other state and still be free from registration requirements. That may have been true before SORNA was passed, but SORNA makes it clear that that is not the case.

rewdiazepam

Registry, if you registered in FL at anytime, you are automatically on it for life. FL has lifetime registry for all its citizens (though there are some circumstances where someone can petition to be removed after a certain number of years, but that is a very limited number who can).

If Rew, who is off the registry in OK, moves to FL or CA, he will be required to register and remain so for the rest of his life, no matter where else he moves to.

If my husband is released here in CA and registered, he will be on the registry for life, even if he moved to another state that would remove him after 10 or 20 yrs....

OK, but if I am NOT off the registry in my state, and I move to another state, I just have to follow the new state's laws, not the previous states that I travelled from, right? In other words, I can still get off the registry even if I move to another state, as long as that state's laws allow for removal. ?

If you move from a state that is lifetime, no matter what the new states laws are, you're still on for life. Being removed is not something I'd count on because it's pretty much impossible to do.

I'm lucky that the laws that make SOs register in prison wasn't around when my son was released from Floriduh or he would be registered there, and even tho PA is 15 years he's still be on for life.

I know this is confusing. That's because laws are different in every state.
So if you're in CA and it's lifetime and you're still on the registry and you move to PA where it's 15 years you're still on for life.

There are state requirements to register and federal requirements to register and they are not the same. The state you are in is saying you can be removed from the registry. Let's jump the the future and say you have been removed from the registry in your state and now you want to move to a different state. Moving to the new state triggers a federal requirement to register that is completely independent of the state you are moving from and the state you are moving to. This means no matter what the state law says federal law will require you to register in the new state.

You mentioned you already moved from Florida which is why it surprises me to learn your current state will allow you to be removed from the registry. Florida has a lifetime requirement and most states have a clause that says if you are required to register in the state of conviction you are required to register in the new state as well so a Florida conviction usually means lifetime registration no matter where you live. Was your case federal or state? If it was federal and you made it out of Florida before having to register then you don't have to worry about this in addition to the federal requirement but if it was a Florida state case then moving will more than likely cause you to be on the registry for life.

It appears that Federal requirements are only 10-15 years for Tier 1 offenders. So even if I triggered the interstate commerce, I could still be removed.

No, my son is federal and if he stayed in Floriduh he would be on it for life.

Where are you getting this information about being removed? And where is it only 10-15 years for Tier 1? Not in Floriduh.

Floriduh:

Can a sexual offender/predator petition the court to be removed from the registry?

A registered sexual offender meeting Florida statutory criteria is required to register for life, unless he/she has received a full pardon or received post-conviction relief for his/her qualifying offense.

Certain individuals required to register as sexual offenders that have been lawfully released from sanctions, confinement, or supervision for at least 25 years and have not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit where the conviction or adjudication occurred for the purpose of removing the requirement for registration as a sexual offender; provided the offense was not based on an adult conviction or violation of:
kidnapping (F.S. 787.01),
false imprisonment (F.S. 787.02),
sexual battery (F.S. 794.011, excluding subsection 10),
lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion (F.S. 800.04 (4)(a)2),
lewd/lascivious molestation where the victim is under 12 (F.S. 800.04(5)(b)),
lewd/lascivious molestation where the court finds the offense involved the use of force or coercion and unclothed genitals or genital area (F.S. 800.04(5)(c)2),
any attempt or conspiracy to commit any such offense;
any violation of similar law of another jurisdiction; or
any violation of a similar Florida offense which has been redesignated to one of those listed above.

The court may grant or deny such relief.

You said your offense was in Floriduh. Were you sentenced there? If so the above defines you.
When you moved to another state did you use interstate compact? Or did you move there at the time you were released. If that is so then the state you went to... I don't know what state that is, but if you tell us it would make it easier.. then you're subject to their state law.

If you never resided in Floriduh, but in another state, then moved to another state then you are subject to interstate compact which changes everything. Because we don't know what state you live in or which one you plan on moving to.. then we really can't help out much more than we have.

Forget about Florida, it does not appear to be relevant.

Anyways, if you do a google search for "federal requirements for sex offenders" (quotes not necessary), the top 2 results both state the 10-15 years for Tier 1. For example, the first pdf called "Final SORNA Guidelines" states:

"Section 115(a) of SORNA specifies the minimum required duration of sex offender registration. It generally requires that sex offenders keep the registration current for 15 years in case of a tier I sex offender, for 25 years in case of a tier II sex offender, and for the life of the sex offender in case of a tier III sex offender,"

(It's 15 years for Tier 1; 5 years are removal via no additional substantial convictions in the first 10 years, as stated on the second search result)

So there.

If you're registered now because of a conviction under Florida state law then sorry but Florida is totally relevant.

MD is an AWA state. In MD, it's 15 yrs for tier 1. There's the option to get off in 10 yrs if certain conditions are met such as sex offender counseling but those 5 yrs are not automatically removed just for not having additional convictions. And if the person is convicted of another tier1 offense, that person's tier level will go up to tier 2 and there is no getting off early for tier 2.

registered - thanks for make me not understand what you want here..
Seems you think you already have, so any advice I have to offer you is not important. See ya and good luck with your search for knowledge.

Nak