7 Important Things About the Sex Offender Registration Laws in Illinois
The Sex Offender Registration Laws in Illinois are complex and severe.
In fact, the sex offender registration laws are so severe that they may require a person to register as a sex offender even if they haven’t been convicted of a sex offense.
Once the government forces someone to register, the sex offender registration laws require the sex offender to register with the local police department on an annual basis for as long as the law requires. Often times, the hardest part of registering as a sex offender are the severe restrictions on where a sex offender can be, the people he or she can be around, and the places the sex offender can live.
This comprehensive guide will explain all the important things that someone needs to know about the sex offender registration laws in Illinois. Of course, if you prefer contact the Criminal and Immigration lawyers at Jaleel Law directly by phone or email.
1. What Crimes Require Someone to Register as a Sex Offender?
Illinois’ sex offender registration laws are meant to protect individuals, especially juveniles from sex offenders and sexual predators. Therefore, anyone adjudicated of a “sex offense” or the attempt of a sex offense must register as a sex offender. The Sex Offender Registration Act, which is found at 730 ILCS 150 et. seq., defines a sex offense as any violation of:
- Child pornography
- Aggravated child pornography,
- Indecent solicitation of a child,
- Sexual exploitation of a child,
- Custodial sexual misconduct,
- Sexual misconduct with a person with a disability,
- Promoting juvenile prostitution,
- Soliciting for a juvenile prostitute,
- Patronizing a juvenile prostitute,
- Keeping a place of juvenile prostitution,
- Juvenile pimping,
- Exploitation of a child,
- Traveling to meet a minor,
- Criminal sexual assault,
- Aggravated criminal sexual assault,
- Predatory criminal sexual assault of a child,
- Criminal sexual abuse,
- Aggravated criminal sexual abuse,
- Ritualized abuse of a child.
Certain other crimes also require registration in the sex offender registry. The sex offender registration laws also require someone convicted for kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, and luring a child into a car to register as a sex offender if the victim was under 18 years of age, the offender was not a parent of the victim, and if the defendant was sexually motivated to commit the crime. A conviction for first-degree murder also requires someone to register as a sex offender if released from custody.
2. The Sex Offender Registration Laws Don’t Require a Conviction for a Sex Offense
The sex crime laws in Illinois require anyone convicted of a sex offense to register as a sex offender. However, a conviction is not the only finding that can require someone to register as a sex offender. The other adjudications requiring registration as a sex offender include:
- Anyone found not guilty by reason of insanity of a sex offense;
- Anyone who is the subject of a finding not resulting in an acquittal of a sex offense;
- Any juvenile who is adjudicated delinquent for any offense that would require an adult to register as a sex offender; or
- Any person who is adjudicated as being sexually dangerous or sexually violent.
3. How Long Must Someone Remain Registered as a Sex Offender?
Once convicted of a sex offense, a person is required to register annually for a period of 10 years. The person must register in person within 3 days of moving into the municipality or within 1-year of his or her last registration. The 10-year period begins immediately if the person receives a sentence of probation or it begins upon release from incarceration. A violation of probation can result in the 10-year period beginning anew.
A person convicted of failure to register as a sex offender is required to register every 3 months for the remainder of his or her registration period. The 10-year period can be extended for another 10-years following a conviction for failing to register as a sex offender.
Individuals convicted of first-degree murder or those adjudicated as a sexual predator, sexually dangerous or sexually violent must register every 90 days for his or her natural life.
4. How Do You Comply With the Registration Requirements of the Sex Offender Registration Laws?
Anyone adjudicated as a sex offender or as a sexual predator must register with the chief of police of the municipality in which he or she lives. The person must register in person and must provide:
- A current photograph;
- Current address;
- Current place of employment;
- Current telephone numbers, including cellular telephone number;
- The telephone number of any employer;
- The name of any school attended;
- All e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities used by the sex offender;
- All Uniform Resource Locators (URLs) registered or used by the sex offender;
- All blogs and other Internet sites maintained by the sex offender or to which the sex offender has uploaded any content or posted any messages or information;
- Any prior extensions given to register as a sex offender including the reason why the extension was granted and the date the sex offender was notified of the extension;
- A copy of the terms and conditions of parole or release signed by the sex offender and given to the sex offender by his or her supervising officer or aftercare specialist;
- License plate numbers for every vehicle registered in the name of the sex offender;
- Information on the offense that requires registration including:
- The county where the offense occurred;
- The age of the sex offender at the time of the commission of the offense;
- The age of the victim at the time of the commission of the offense; and
- Any distinguishing marks located on the body of the sex offender.
5. What are the Time Limits to Register as Sex Offender?
The sex offender registration laws in Illinois require a sex offender to register every place that he or she will live in for 3 days or more in any calendar year. If the sex offender plans on moving, he or she must inform the local police where the sex offender lives that he or she is planning on moving and then the person must re-register with the local police within 3 days of completing the move.
Sex Offenders Moving to Illinois
The sex offender registration laws distinguish individuals who have moved to Illinois prior to 2012 and those who moved to Illinois after 2012. A person who moved to Illinois prior to January 1, 2012, is required to register as a sex offender in Illinois if the offense in the prior state is substantially similar to a sex offense in Illinois that would require registration. The length of the registration period is governed by the registration required by the Illinois offense.
All individuals who moved to Illinois after January 1, 2012, are regarded as sexual predators and they are subject to lifetime registration.
6. What Restrictions are Placed On Sex Offenders?
Aside from the onerous registration requirements of the sex offender registration laws, sex offenders cannot live near a school, be in a public park, or be on a social media site.
Restrictions on Being Near a School
Sex offenders cannot be present in any school building or property, or be within 500 feet of school property without the permission of the superintendent or school board unless the sex offender is a parent of a child at that school, and the parent is on school grounds for one of the following reasons:
- To attend a conference at the school with school personnel to discuss the progress of his or her child academically or socially;
- To participate in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services;
- To attend conferences to discuss other student issues concerning his or her child such as retention and promotion.
Restrictions on Being Near a Public Park
Sex offenders and sexual predators are also prohibited from being in a public park or any building on a public park. A public park is defined Illinois’s sex offender registration laws as any park, forest preserve, or conservation area under the jurisdiction of the state or any unit of local government.
Restrictions on Being on Social Media
The Illinois sex offender registration laws prohibit anyone who is convicted of a sex offense after 2010, from using a social networking website during the time the sex offender is on probation, parole or mandatory supervised release.
No Restrictions on Living With Children
The sex offender registration laws in Illinois do not forbid a sex offender from living with a child. However, the sex offender must report to the local police department within three days of moving into a home that has a child younger than 18 year of age who is not the sex offender’s child.
7. Retroactive Registration Requirements of Illinois’s Sex Offender Registration Laws
In 2012, Illinois adopted retroactive registration requirements for sex offenders or sexual predators. Under the new law, individuals who were never required to register as a sex offender maybe required to register if convicted of any new felony. Under the new law, a person who has successfully completed a 10-year registration period must begin registering again if:
- The person has been convicted of any felony offense after July 1, 2011, and
- The offense for which the 10-year registration was served currently requires a registration period of more than 10 years.
The sex offender registration laws in Illinois can be a maze to navigate through and even figuring out whether a certain offense requires registration as a sex offender can require significant research. However, once a person is required to register as a sex offender that person’s life drastically changes. All sex offenders are obligated to follow the sex offender registration law’s difficult registration requirements. Not only are sex offender’s required to register, the sex offender registration laws forbid sex offenders from living near a school, being in a public park, or anywhere else that is designated for children. In fact, sex offenders cannot even be on social media while probation, parole, or MSR.
If you are facing charges for a sex crime, the Chicago criminal attorney at Jaleel Law P.C. has the experience to fight your case and get you the result that you deserve. Don’t take the chance with an inexperienced attorney who doesn’t understand the Illinois sex crime laws or the sex offender registration laws or how they affect you personally. Contact us today to discuss how we can help in your case.