Is failure to register a continuing offense? Part II

I asked this question a while ago and still don’t have a firm answer. Now, pd blogger Saucy Vixen has the same question:

I’m attempting to craft an argument that failure to register as a sex offender is an ongoing offense. The case law isn’t particularly helpful, but I figure I’ll give it a shot anyway. The only stuff I found that is even vaguely on point are cases holding that failure to register for the draft is NOT a continuing offense. This is not helpful.

My original post broke it down as follows:

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:

1. Either the crime is committed on the first day that the offender has to register but doesn’t;
2. He continues to commit the offense for each day that he doesn’t register until he does or is arrested.

The reason for arguing that it is a continuing offense is to prevent the client from being charged with multiple counts of failure to register.

I think the best argument to make is to liken it to other situations in criminal law where ones argues that there should not be multiple counts, such as a sequence of events constituting the same criminal transaction or enterprise. Statutory construction would also come in handy. The statute makes no mention of “each subsequent day”; rather it says that the probationer must register within x number of days and failure to comply with the statute is a felony.

Think about it this way: If the client were to register three days late, would the state charge him with 2 counts of failure to register or just one? If the answer is the latter, then what difference does it make whether he registers 3 days late of 30 days late?

I haven’t had the opportunity to search case law in other states, but I’m sure there are plenty of examples where offenders have either completely failed to register or have registered very late and yet have been charged with one count only.

Thoughts?