Failure to Register as a Sex Offender in Oklahoma – Law & Punishment

Procedure for Registration

failure to register as a sex offender oklahoma sex crime defense lawyer You must register:

  • with the Department of Corrections within three business days of being convicted or receiving a suspended sentence or any probationary term, including a deferred sentence, if you’re not incarcerated. If you’re incarcerated, then you must register no less than three business days prior to the release from a correctional institution (subject to some exceptions);
  • with the local law enforcement authority having jurisdiction in the area where you reside or intend to reside for seven consecutive days or 14 days in a 60-day period, or longer, calculated beginning with the first day. The registration is required within three days after entering the jurisdiction of the law enforcement authority; and
  • with the Department of Corrections and the local law enforcement authority no less than three business days prior to abandoning or moving from the address of the previous registration, or within three business days of changing or terminating employment, or changing enrollment status as a student.

The duty to register as a sex offender won’t be prevented if, at the time of registration, it’s determined that the offender owns or leases a residence that’s located within a restricted area.

“Local law enforcement authority” means:

  1. the municipal police department, if you reside or intend to reside or stay within the jurisdiction of any municipality of Oklahoma, or
  2. the county sheriff, if you reside or intend to reside or stay at any place outside the jurisdiction of any municipality within Oklahoma, and
  3. the police or security department of any institution of higher learning within Oklahoma if you:
    1. enroll as a full-time or part-time student,
    2. are a full-time or part-time employee at an institution of higher learning, or
    3. reside or intend to reside or stay on any property owned or controlled by the institution of higher learning.

The “date of the completion of the sentence” means the day an offender completes all incarceration, probation, and parole pertaining to the sentence.

Sex Offense Committed Outside Oklahoma

If you’ve been convicted of an offense or received a deferred judgment for an offense in another jurisdiction, which offense if committed or attempted in Oklahoma, is a sex crime that requires registration, then you must register, in person, with:

  1. the Department of Corrections when you enters and intend to be in the state for any purpose for five consecutive days or longer, calculated beginning with the first day, have any type of full-time or part-time employment, with or without compensation for more than five cumulative days in any 60-day period, or have enrolled as a full-time or part-time student within this state. Such registration is required within two days after entering Oklahoma;
  2. the local law enforcement authority having jurisdiction in the area where you intend to reside or to stay for five consecutive days or longer, calculated beginning with the first day, have any type of full-time or part-time employment, with or without compensation for more than five cumulative days in any 60-day period, or is enrolled as a full-time or part-time student within Oklahoma. The registration is required with local law enforcement within two days after entering the jurisdiction of the law enforcement authority; and
  3. the Department of Corrections and the local law enforcement authority no less than three business days prior to abandoning or moving from the address of the previous registration, or within three business days of changing or terminating employment, or changing enrollment status as a student.

Duty to Provide Judgment

Any person subject to the provisions of the Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act, who has an out-of-state conviction that requires registration, must provide the local law enforcement authority where the offender intends to reside with a certified copy of the offender’s judgment and sentencing report within 60 days of the offender’s initial registration with Oklahoma. If an offender moves to a different location in Oklahoma outside of the jurisdiction of the law enforcement authority that has a certified copy of the judgment and sentencing report, the offender must provide the local law enforcement authority of the new location where the offender intends to reside with a certified copy of the judgment and sentencing report within 60 days of establishing residency in the new location.

Duration of Registration

When you have been convicted or received probation within Oklahoma, you will be required to register with the Department of Corrections and local law enforcement as follows:

  1. 15 years for a level one assignment;
  2. 25 years for a level two assignment;
  3. For life for a level three assignment or if you’re classified as a habitual or aggravated sex offender.

The registration period starts on the date of the completion of the sentence, and doesn’t end until the offender has been in compliance for the total amount of time required. For level one and level two offenders, if the offender ceases to properly register during the 15-year or 25-year periods, the Department of Corrections will retain the name of the offender on the registry until the offender has fully complied with the requirements for the total period of time required. The Department of Corrections will maintain records necessary to determine whether the offender has registered for the total period of time required.

Sex Offender’s Spouse Lives in Oklahoma

Any person who resides in another state and who has been convicted of an offense or received a deferred judgment for an offense in Oklahoma, or in another jurisdiction, which offense if committed or attempted in Oklahoma would require registration as a sex offender, and who is the spouse of a person living in Oklahoma must register with:

  1. the Department of Corrections when the person enters and intends to be in Oklahoma for any purpose for five consecutive days or longer, calculated beginning with the first day or an aggregate period of five days or longer in a calendar year. Such registration is required within two days after entering the state; and
  2. the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay within this state for two consecutive days or longer, calculated beginning with the first day. The registration is required with local law enforcement within two  days after entering the jurisdiction of the law enforcement authority.

Punishment for Failure to Register as a Sex Offender

It’s a felony for any person required to register pursuant to the provisions of the Sex Offenders Registration Act to violate any provision of that act. The maximum punishment in the Department of Corrections is five years. The maximum fine is $5,000.

It’s a felony for any person required to register pursuant to the Sex Offenders Registration Act fail to comply with the established guidelines for global position system (GPS) monitoring. The maximum punishment in the Department of Corrections is one year. The maximum fine is $1,000.

False or Misleading Registration Information

It’s illegal for a person subject to the provisions of the Sex Offenders Registration Act to furnish any false or misleading information in the registration required by that Act.

Address Verification

The Department of Corrections will conduct address verification of all registered sex offenders as follows:

  1. on an annual basis, for level one offenders,
  2. on a semiannual basis, for level two offenders, or
  3. every 90 days, if the offender has been determined to be a habitual or aggravated sex offender by the Department of Corrections or is a level three offender.

The Department of Corrections mails a non-forwardable verification form to the last-reported address of the offender. The offender must return the verification form in person to the local law enforcement authority of that jurisdiction within ten days after receipt of the form and may be photographed by the local law enforcement authority at that time. The offender will be photographed by the local law enforcement authority at that time if the photograph in the Department of Corrections sex offender registry is more than one year old, or if it cannot be determined when the photograph in the registry was taken. The local law enforcement authority will require the offender to produce proof of the identity of themself and a current mappable address with a zip code.

The verification form will be signed by the offender and state his or her current address. In the absence of receipt of the mailed verification form by the offender, the offender must continue to comply with the reporting requirements. The offender should report as required to the local law enforcement agency for current address verification. Failure to return the verification form or report as required is a violation of the Sex Offenders Registration Act.

A local law enforcement authority designated as the primary registration authority of an offender may, at any time, mail a non-forwardable verification form to the last-reported address of the offender. The offender must return the verification form in person to the local law enforcement authority that mailed the form within ten days after receipt of the form. The local law enforcement authority will require the offender to produce proof of their identity and a current mappable address with a zip code;

Change of Address

Any person subject to the provisions of the Sex Offenders Registration Act who changes address, employment, or student enrollment status must appear in person and give notification to the local law enforcement authority of the change of address and the new mappable address with zip code, the change of employment, or the change of student enrollment status no later than three business days prior to the abandonment of or move from the current address or, in the case of change of employment or student enrollment, within three business days of such change. The address given to the local law enforcement authority must be a physical address, not a post office box. If the new address, employment, or student enrollment is under the jurisdiction of a different local law enforcement authority, the offender must notify the new local law enforcement authority of any previous registration.

Anyone subject to the provisions of the Sex Offenders Registration Act who can’t provide a mappable address with a zip code to the Department of Corrections or local law enforcement authority as required in subsections and registers as a transient must report in person to the nearest local law enforcement authority every seven days and provide to the local law enforcement authority the approximate location of where the person is staying and where the person plans to stay.

Residing With Minor Child

Any person subject to the provisions of the Sex Offenders Registration Act who resides with a minor child must report to the statewide centralized hotline of the Department of Human Services the name and date of birth of any and all minor children residing in the same household and the offenses for which the person is required to register pursuant to the Sex Offenders Registration Act within three days of intent to reside with a minor child.

Habitual Sex Offender

Anyone who has been convicted of or received a suspended sentence or any probationary term, including a deferred sentence for a crime that requires registration as a sex offender  and

  1. who is subsequently convicted of a crime or an attempt to commit a crime that requires registration as a sex offender, or
  2. who enters Oklahoma, and who has been convicted of an additional crime or attempted crime that, if committed or attempted in Oklahoma, would be a crime or an attempt to commit a crime that requires registration as a sex offender,

will be subject to all of the registration requirements of the Sex Offenders Registration Act and will be designated as a habitual sex offender. A habitual sex offender will be required to register for life.

Aggravated Sex Offender

Anyone who has been convicted of a crime or an attempt to commit a crime, received a suspended sentence or any probationary term, including a deferred sentence for any of the following crimes:

  • Abuse, Neglect, Exploitation, or Sexual Abuse of Child, if the offense involved sexual abuse or sexual exploitation,
  • Incest,
  • Forcible Sodomy,
  • Rape by Instrumentation,
  • First Degree rape or
  • Lewd or Indecent Proposals or Acts to Child Under 16

will be subject to all the registration requirements of the Sex Offenders Registration Act and will be designated as an aggravated sex offender. An aggravated sex offender is required to register for life.

Removal of Requirement to Register as a Sex Offender

A person will be considered for removal of the requirement to register as a sex offender if the person:

  1. Was convicted of Rape by Instrumentation or Rape in the First Degree and the person does not have any other conviction for a violation of Rape by Instrumentation or Rape in the First Degree;
  2. Is required to register as a sex offender solely on a conviction for Rape by Instrumentation or Rape in the First Degree; and
  3. Was not more than four years older than the victim of the violation who was 14 years old or older but not more than 17 at the time the person committed the violation.

If the court denies the petition, the person won’t be authorized to file another petition for removal of the registration requirement pursuant to this law.

If a person, who has yet to be sentenced for a conviction for Rape by Instrumentation or Rape in the First Degree, meets the criteria provided for in this law, the person may move the sentencing court for removal of the requirement to register as a sex offender. If the court denies the motion, the person cannot file any more motions or petitions for removal of the registration requirement pursuant to this law.

Level One Sex Offenders

Any person assigned a level of one who has been registered for a period of ten years, and who hasn’t been arrested or convicted for any felony or misdemeanor offense since being released from confinement, may petition the district court in the jurisdiction where the person resides for the purpose of removing the level designation and allowing the person to no longer be subject to the registration requirements of the Sex Offenders Registration Act.

Applicability of Oklahoma’s Sex Offenders Registration Act

The provisions of Oklahoma’s Sex Offenders Registration Act applies to any person residing, working, or attending school within Oklahoma who, after November 1, 1989, has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term, or is currently serving a sentence or any form of probation or parole for the commission or or attempted commission of any of the following crimes:

The above crimes are considered sex crimes in Oklahoma. Any sort of sentence (even deferred) requires registration as a sex offender.

Sentences From Another State

The provisions of the Sex Offenders Registration Act apply to any person who after November 1, 1989, resides, works, or attends school within Oklahoma and who has been convicted or received a suspended sentence at any time in any court of another state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands, a federal court, an Indian tribal court, a military court, or a court of a foreign country for a crime, attempted crime or a conspiracy to commit a crime which, if committed or attempted in Oklahoma, would be a crime, an attempt to commit a crime or a conspiracy to commit a crime that requires registration as a sex offender.

Deferred Sentences

The provisions of the Sex Offenders Registration Act apply to any person who resides, works or attends school within the State of Oklahoma and who has received a deferred judgment at any time in any court of another state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands and the United States Virgin Islands, a federal court, an Indian tribal court, a military court, or a court of a foreign country for a crime, attempted crime or a conspiracy to commit a crime which, if committed or attempted or conspired to be committed in Oklahoma, would be a crime, an attempt to commit a crime or a conspiracy to commit a crime that requires registration as a sex offender. The provisions of the Sex Offenders Registration Act don’t apply to a person while the person is incarcerated in a maximum or medium correctional institution of the Department of Corrections.

Expungement of Conviction From Another State

The provisions of the Sex Offenders Registration Act don’t apply to someone who has received a criminal history records expungement for a conviction in another state for a crime or attempted crime which, if committed or attempted in Oklahoma, would be a crime or an attempt to commit a crime that requires registration as a sex offender in Oklahoma.

Sources: 57 O.S. §§ 582, 583, 584, 586, 587, & 590.2

Current as of May 4, 2020. Laws are subject to change at any time. Go to the sources cited above for the most up-to-date law.

Charged with failure to register as a sex offender in Oklahoma? Call Oklahoma sex crime attorney Frank Urbanic in OKC for a free case consultation.

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