Charged With Failing to Register as a Sex Offender? Federal Sentencing

Knowingly failing to register or update your registration as a sex offender can be a federal felony that carries up to 10 years in prison. In United States v. Nagell, decided December 19, 2018, the First Circuit upheld a 30-month sentence for failing to update a registration, including an increase for lying on the witness stand.

Who has to register, and where

Requirement of Registering as a Sex Offender

The Sex Offender Registration and Notification Act (SORNA) sets national minimum standards for sex offender registries. It was meant to close gaps that let people avoid updating their information when they moved, and to require regular in-person check-ins.

A person required to register must keep the registration current in every place where he lives, works, or goes to school. If you live in one state and work in another, you must register in both.

The penalties for failing to register

Under 18 U.S.C. § 2250(a), a person required to register under SORNA who knowingly fails to register or update can face a fine and up to 10 years in prison.

If the person also commits a federal, D.C., tribal, or territorial crime of violence while in violation, § 2250(d) adds a mandatory 5 to 30 years. That time must be served after the sentence for the registration offense.

A gap in updates can be enough, even if you registered on time for years. So can incomplete information, such as a partial address for your home, job, or school.

If you are on supervised release and your probation officer contacts you, you must respond on time and give all the information requested. Otherwise you may face arrest. When a person is thought to be in violation, a federal court may issue an arrest warrant. A trial on the new charge follows, and if the person is convicted, a sentencing hearing.

What happened in United States v. Nagell

Michael Nagell had federal convictions from 2007 for coercion and enticement of a minor and for travel to engage in illicit sexual activity. He served 60 months in prison, followed by eight years of supervised release. He was required to register in Maine.

In 2015, he changed jobs but did not update his registration, and he did not give a complete address for his new employer. He was charged with knowingly failing to update his registration, and a jury convicted him under § 2250(a).

At trial, Nagell testified in his own defense. The government pointed to at least two parts of the trial evidence that directly contradicted his testimony about why he failed to update his registration. The judge found he lied under oath, so the judge added a two-level increase for obstruction of justice under U.S.S.G. § 3C1.1. Nagell received 30 months, in the middle of his guideline range.

The First Circuit affirmed the obstruction finding and the sentence. United States v. Nagell, No. 17-1058 (1st Cir. Dec. 19, 2018).

What this means for you

Registration is a serious duty that can affect a person for many years, sometimes for life. If you are required to register, keep every detail current and accurate, and update on time. Keep copies of every registration form and receipt, because those papers can show what you reported and when.

If you testify at trial, know that a judge who finds you lied can add time at sentencing.

If you or a family member is charged with failing to register, talk to a lawyer as soon as possible, and avoid discussing the facts on recorded jail phones.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.