Thursday, November 7, 2013

MO - Sex offender restrictions (User submitted)

The following was sent to us via the contact form and posted with the users permission.

Dear M, you may want to contact the local sheriff to help give you the information you need or to point you in the right direction. Also check out the following website.

By M:
I cannot find anywhere, what the actual laws and restrictions for a sex offender are. I am currently the fiance of a now convicted sex offender, he was sentenced this September 2013, and will be home from the DOC in January. But I want to be prepared to know what he is and is not allowed to do. Also, do all the restrictions apply to every sex offender? Thanks.


anonymous said...

If you move to another state, I would assume that you would transfer your registration to the new state. Since you would no longer be a resident of the original state, you would be removed from registration in that state once you register in the new state. You would be bound by any and all restrictions in your new state of residence. I don't see how the original state could make you keep registering with them if you no longer live there UNLESS you are still going to work there. I'm not a lawyer so I'm just basing my opinion of what I've read over the years.

Scott said...

Once you leave the state of conviction and initial registration and move to another state you are no longer bound by laws of that state. The laws of the new state are what you are subject to now. For example: The state you live in has 1000 ft residency restriction and new state is 500, you would use 500. This gets ridiculously complicated by laws that get partially struck down by courts and it is very hard to know what laws governing you will be. Best advice is look up the laws of the state you are moving too and review all sex offender related high court rulings for that state. You can try calling the police and asking what the laws are but good luck because if they are anything like ohio sheriffs you will know more about the law than they do after googling.

Anyway if there is a law or restriction you are unhappy with in your state that isn't on the books in the new state you will under no circumstance (unless you are on probation) be required to still follow it after moving. But make sure there isn't a law or restriction that is worse before doing so.

disqus_uoa6Nyfpoq said...

By your rational the individual shouldn't have to even register with the state of conviction if he is no longer bound by the laws of that state. Do you see the confusion? Either all of the laws have to apply or none of them do. Is there a federal law that requires one to register in the state of conviction even if he is no longer a resident of that state?

Guest said...

I was under the impression one had to register ONLY in the state of residence (could be 'temporary residence', i.e. FL, IL, etc, but only for the period of physical presence). I never heard that registering in the State of Conviction was an on-going requirement.

How would that even be logistically possible? Would you have to appear in both states within x days of your birthday? i.e. WA and CT? Quite a trip.

The whole (stated) purpose behind the AWA was to prevent registrants from 'state shopping' - which would be a mute point if one had to continue to register in the original state.

Scott said...

You don't have to register with the state you are leaving anymore once you tell them you are moving. Anyone that tells you different is wrong. The only way you would have to register in both states is if you plan on keeping a place of residence, work or school in the state you are moving from. This should be the least of your worries honestly as it is pretty straight forward. What you need to be concerned with is 1) does your state have awa 2) does the new state have awa.

If your state doesn't have awa or it doesn't apply to you then IMO you are crazy to wanna leave unless its an unavoidable reason. Also if your state has it and it doesn't apply to you and you move, if you wanna come back then it could apply to you.

I'm not a lawyer but you don't need one these are facts

kitkatmissy said...

The laws vary from state to state. One you move, you abide by the laws where you are registered to live.