I'm a registered sex offender wanting to take a mini vacation to Alabama. Is it allowed? If it is do I have a certain amount of days to check in/register I'm there? Also if you have to register are you stuck on the registry even after you leave like in Florida. I looked it up and can only find you have to register if working going to school or continueing vocation. Cannot find anything about visiting. Looking for a Alabama lawyer to answer becouse I'm getting a mixed bag of answers. Thank you!
Registration is required upon entry into the state if intent is to establish residency. There is a presumption in the law that if one remains in the state for 30 days, residency is defacto established.
Code of Alabama, 1975, section Section 15-20A-14 titled 'Adult sex offender - Requirements upon entering state' states: "(a) Any adult sex offender who enters this state and establishes a residence shall immediately appear in person and register all required registration information with local law enforcement in the county of residence." Therefore, the words "establishes a residence' must be read in relation to the entire statute. Without establishing residence, there is (apparently) no mandatory registration requirement.
The registration requirement is strangely silent on persons who live outside the state, but enter the state on a regular or irregular basis for business or other reasons, yet do not establish residency. It might be best to consult with a qualified criminal defense lawyer for more specific information. In the Montgomery area, the law firm of Andrew Skier is one of the best for representing sex crimes and sex offenders. Mr. Skier can be reached at: (334) 263-4105.
As I posted earlier, the key is whether you demonstrate an intent to establish residence. Going to school or being employed demonstrates intent, but that isn't all that can do so. Just vacationing in Alabama does not trigger a need to register. Playing around with the definition of vacation, however, could get you in trouble. For instance: staying with friends in Alabama while maintaining a residence in another state could be a vacation. Receiving mail at your friends' residence and not paying rent for a place in another sate...not so much. If you don't have a job to go back to, residence you are paying for, or other thing that clearly links you to someplace else, don't expect a court to believe you were on 'vacation'. The safest thing to do is to contact the Sheriff's department and let them know of your plans.
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