ExpertLaw.com Forums

Sex Offender Registration Requirements When Moving to a Different State

Printable View

  • 03-07-2015, 09:28 AM
    Paul66
    Sex Offender Registration Requirements When Moving to a Different State
    My question involves criminal law for the state of Arizona

    The State of MA requires a person who has been convicted of open & gross lewdness twice to register as a sex offender. The State of AZ requires a person convicted of the same crime to register if convicted three times. I have a house in both states, If I move permanently to AZ from MA where I was charged and convicted twice and had to registered, would I have to register in AZ where the requirements are three convictions? Also, MA requires one to be registered for 20 years and in AZ it's 10 years, which standard would I have to follow living in AZ?
  • 03-07-2015, 09:48 AM
    Mr. Knowitall
    Re: Sex Offender Registration Requirements When Moving to a Different State
    Without getting into the question of whether your interpretation of registration requirements is correct based on your record, the sex offender registration law that applies in any given state is the law of that state. It is thus possible that a person who is not required to register as a sex offender in the state of conviction would have to register as a sex offender after moving to another state, or that a person who is required to register in the state of conviction might not have to register in a different state after relocating to that new state.
  • 03-07-2015, 11:42 AM
    flyingron
    Re: Sex Offender Registration Requirements When Moving to a Different State
    To get into specifics, MGL 6-178 lays it out. If you move there you're obliged to follow their rules for the classification of your conviction. They specifically list the Massachusetts criminal offenses and add "like crime conviction from another state." And yes, I believe your interpretation of their classification is correct. Were these two counts from the same case or two different convictions? The way the statute is worded it would seem that it is required to be a distinct conviction not just found guilty on two counts.

    Note, you only have TWO DAYS to register when you move to the state (you may do so in advance however).
  • 03-07-2015, 12:17 PM
    Paul66
    Re: Sex Offender Registration Requirements When Moving to a Different State
    Thanks for the responses:

    My convictions are in Ma. and yes they are 2 different convictions for Open and Gross. I currently live in MA and I am registered in Ma.
    I wish to move permanently to AZ
    I guess my questions are: Will MA convictions be applied under AZ law? I understand AZ Law requires 3 or more convictions of public indecency which is the same as Open and Gross in MA. As such would my MA convictions not require for me to register in AZ?
  • 03-07-2015, 03:54 PM
    flyingron
    Re: Sex Offender Registration Requirements When Moving to a Different State
    Sorry I got it backwards. Yes, it would seem that since you don't have three convictions, you are not required under Arizona law to register. There's nothing in their statutes that says just because you have to register elsewhere you must do so in their state.
  • 03-07-2015, 04:43 PM
    Paul66
    Re: Sex Offender Registration Requirements When Moving to a Different State
    Thanks for the reply, your answer is encouraging.

    Let me expand on the question, is there anything in MA law or federal law (cases were in district court) that would require me to register in AZ or is this solely up to AZ laws? MA law states that I have to notify them within 10 days my intention to move out of state and they notify the FBI and the state to which I'm moving to, is there any type of agreement between states or the feds that require me to register no matter where I move if I'm registered in MA?
  • 03-08-2015, 06:26 AM
    flyingron
    Re: Sex Offender Registration Requirements When Moving to a Different State
    There's nothing in the laws that I can find that is any different than what you have learned. The feds require that the states exchange data as you've found. It does not place any obligation on you. Massachusetts requires you to notify them when you leave as you've learned. Once you're no longer living or working (or visiting for more than a few days) in Massachusetts they have no claim on you to register there.
  • 03-08-2015, 07:20 AM
    Paul66
    Re: Sex Offender Registration Requirements When Moving to a Different State
    What do you make of this, particularly the last sentence.

    I found this here: http://www.supreme.state.az.us/apsd/...nts8-12-05.pdf

    AZ STATUTORY REQUIREMENTS FOR SEX OFFENDERS

    SEX OFFENDER REGISTRATION

    A person is also required to register if they have been convicted:
    -
    In another jurisdiction of an offense which, if committed in Arizona, would be a
    violation or attempted violation of an offense listed above.
    -
    Of an offense that was in effect before September 1, 1978, that if committed on or
    after September 1, 1978, has the same elements of an offense listed above.
    -
    Of an offense and who is required to register by the convicting jurisdiction
  • 03-08-2015, 07:38 AM
    free9man
    Re: Sex Offender Registration Requirements When Moving to a Different State
    Quote:

    Quoting Paul66
    View Post
    What do you make of this, particularly the last sentence.

    I found this here: http://www.supreme.state.az.us/apsd/...nts8-12-05.pdf

    AZ STATUTORY REQUIREMENTS FOR SEX OFFENDERS

    SEX OFFENDER REGISTRATION

    A person is also required to register if they have been convicted:
    -
    In another jurisdiction of an offense which, if committed in Arizona, would be a
    violation or attempted violation of an offense listed above.
    -
    Of an offense that was in effect before September 1, 1978, that if committed on or
    after September 1, 1978, has the same elements of an offense listed above.
    -
    Of an offense and who is required to register by the convicting jurisdiction

    It means you will need to register in AZ.
All times are GMT -7. The time now is 05:22 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved