When does a sex offender commit the offense of "failing to register" and is it a continuing crime for as long as the offender fails to register?
There are but two options here:
- Either the crime is committed on the first day that the offender has to register but doesn’t;
- He continues to commit the offense for each day that he doesn’t register until he does or is arrested.
The reason for this question is this previous post. Under the Model Rules of Professional Conduct, an attorney does not have to report a crime committed by a client, unless it is a continuing crime (and by that token a crime that will be committed in the future) that has a likelihood of resulting in death or serious bodily injury. Putting aside the death/injury requirement; would failing to register fit the rule?