agreed. it is a crime and he can be arrested and bonds set. he might be able to make bond unless registering was a condition of his probation and he is detained on a probation violation.
Failure to register as a sex offender can constitute a violation of probation or parole AND can constitute a new substantive offense. He's probably going be in jail for a while. Best to get him a good attorney
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If you fail to comply with registration guidelines you may face misdemeanor or felony charges depending on the nature of the sex crime for which you were originally convicted, best to retain a criminal defense attorney at once.
The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.
Under Pennsylvania law, the type of charge for failure to register under Megan's Law depends on his offender classification. Here is an excerpt to the PA Megan's Law Website that shows the offender tier and the charges that follow for failure to register.
Tier I offenders – Felony of the third degree.
Tier II offenders – Felony of the second degree.
Tier III offenders – Felony of the second degree.
Sexually Violent Delinquent Children – Felony of the second degree.
Sexually Violent Predators – Felony of the second degree.
The grade of offense increases with a subsequent conviction.
If a defendant provides inaccurate information when they register or update/verify their information, the charges are as follows:
Tier I offenders – Felony of the second degree.
Tier II offenders – Felony of the first degree.
Tier III offenders – Felony of the first degree.
Sexually Violent Delinquent Children – Felony of the first degree.
Sexually Violent Predators – Felony of the first degree.
Sexual offenders should check their information prior to leaving the approved registration/verification site for accuracy.
I also provided the link that you can check for reference. I advise you to contact an experienced criminal defense attorney if your boyfriend is formally charged with failing to register/comply under Megan's Law.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
I'm tempted to get on my soap box and spout off about the problems with Megan's Law, but I'll save that for another day. Instead I'll join the chorus and say he needs to get a lawyer immediately. There's a mandatory minimum of 2 or 3 years, or longer, depending on the facts.
Also, the date it occurred may be important since the law changed significantly on December 20, 2012.