New Mexico Sex Offender Records

What is a Sex Offender?

Under Section 20911 of the United States Code, an individual convicted of a sex offense is a sex offender. The term sex offense is a criminal violation involving a sexual act or sexual contact between two or more persons. Additional definitions under the same statute also identify sex offenses under exceptional circumstances. Therefore, a party who attempts or conspires to commit a sex crime is also a sex offender. However, the designation of sex violators varies from state to state. New Mexico is one of the states in the US that adopts federal jurisdiction when it comes to convicting sex deviants. Hence, a sex offender recognized under the United States federal law is also probable by the New Mexico judicial system.

Who is Considered a Sex Offender in New Mexico?

NM Stat § 29-11A-3 defines a sex offender as an individual sentenced for a sex crime under state, federal, tribal, or military law. Some instances of sexual offenses that may make person sex criminals are;

Criminal sexual penetration in the first, second, third, and fourth-degree
Sexual exploitation of children
False imprisonment to inflict a sexual offense
Kidnapping to impose a sexual offense
Aggravated indecent exposure

What are the Different Types of Sex Offenses in New Mexico?

Sex offenses in New Mexico are sexual acts or conduct of criminal status, including certain offenses committed against children, which violate one or more statutes of the state. Examples of sex crimes under Chapter 30 of the New Mexico Statutes are;

Aggravated Criminal Sexual Penetration or Criminal Sexual Penetration in the First, Second, Third, or Fourth Degree (NM § 30-9-11)

Aggravated criminal sexual penetration is the unlawful engagement of a child under 13 years of age in any form of sexual intercourse, either vaginal, anal, or oral, with a sex organ or an object with an intent to kill or with a disregard for human life. The offense of aggravated criminal sexual penetration is a first-degree felony, punishable by life imprisonment and/or a fine up to $17,500.

A person commits criminal sexual penetration in the first degree if the individual performs the unlawful act of sexual intercourse;

On a child under 13 years of age
By use of force or coercion that causes grievous bodily harm or great mental anguish to the victim

Criminal sexual penetration in the second degree refers to the performance of illegal sexual intercourse, either vaginal, anal, or oral, with the genitals or an object;

By use of force on a child aged between 13 and 18 years
On an inmate of a correctional facility or jail by some person of authority over the inmate
With force or coercion, resulting in personal injury to the victim
By the use of force or pressure when other persons aid the act
On a person when the perpetrator uses a deadly weapon

Criminal sexual penetration in the second degree in New Mexico is a second-degree felony, punishable by up to nine years in prison and/or a fine up to $15,000. Suppose the offender performs the act against a child; in that case, the violation remains a second-degree felony, but the penalty is up to 15 years in prison and/or a fine up to $12,500, with a minimum mandatory three years prison sentence.

Criminal sexual penetration in the third degree is the illicit sexual penetration of a victim through force or coercion. Still, it does not qualify as criminal sexual penetration in the first degree or the second degree. The act is a third-degree felony punishable by three years imprisonment and/or a fine of $5,000. If the violation is a sexual offense against a child, the penalty becomes imprisonment for six years. Suppose it is the sexual exploitation of a minor; the penalty becomes incarceration for 11 years.

Criminal sexual penetration in the fourth degree is the unlawful sexual penetration of;

A child aged 13 to 16 years by a person at least eighteen years of age or four years older than the minor and is not married to the child.
A child aged 13 to 18 years of age by a person at least 18 years old or four years older; is not married to the minor; who works as an employee in the child’s school, regardless of the nature of employment.

In New Mexico, criminal sexual penetration in the fourth degree is a fourth-degree felony, punishable by up to ten years in prison, with a fine of $5,000.

Criminal Sexual Contact in the Fourth Degree (NM § 30-9-12)

Criminal sexual contact in the fourth degree is the unlawful and non-consensual touching or the application of force to the unclothed genitals, groin, buttocks, anus, or breast of a person about 18 years of age. It also involves forcing the victim to touch the violator’s intimate parts with;

Force or coercion resulting in personal injury to the victim
Pressure from the perpetrator, aided by one or more persons

In New Mexico, criminal sexual contact in the fourth degree is a fourth-degree felony, punishable by up to 18 months imprisonment and a fine of up to $5,000.

Sexual Exploitation of Children (NM § 30-6A-3)

Any individual who intentionally possesses any obscene print or visual medium depicting any sexual act or a simulation of a sexual act by a child the offender knows is under 13 years commits an offense of sexual exploitation of children. This sex crime is a fourth-degree felony, where the guilty party faces ten years of incarceration and/or a fine of up to $5,000.

Meanwhile, any person who distributes pornographic materials showing a child under the age of 13 engaging in any sexual act directly or indirectly and is aware that the actor is a minor is also guilty of sexual exploitation of children. In New Mexico, sexual exploitation of children is a third-degree felony with punishments such as 11 years imprisonment and/or a fine of up to $5,000.

Furthermore, any party who manufactures erotic visual images displaying any sexual act or a simulation of a sexual performance by a minor and the offender is aware that the child is under the age of 18 years commits an offense of sexual exploitation of children. This type of violation is a second-degree felony with punishments of up to 12 years incarceration and a fine of $5,000.

Sexual Exploitation of Children by Prostitution (NM § 30-6A-4)

Whosoever knowingly receives any monetary proceeds due to a child under the age of 16 years engaging in a prohibited sexual act with another person commits a second-degree felony. The penalties of sexual exploitation of children by prostitution include 12 years incarceration period and a fine of $5,000. If the child is under 13 years of age, the perpetrator commits a first-degree felony punishable by up to 18 years in prison and/or a fine of up to $15,000.

Also, a person who hires or offers to hire a child under 16 years of age to perform a prohibited sexual act is guilty of a second-degree felony. The corresponding penalty is 12 years imprisonment and a fine of $5,000.

Any parent or legal guardian who knowingly permits a minor under 16 years of age to engage in an unlawful sex act or engage in producing a simulation of a prohibited act for print or visual medium is guilty of a third-degree felony. Upon conviction, the party is likely to face 11 years of detention and/or a fine of up to $5,000.

Kidnapping with the Intent to Commit a Sexual Offence (NM § 30-4-1)

Any person who unlawfully takes, restraints, transports, or confines an individual by use of force, intimidation, or deception with the intent of engaging in a sexual offense with the victim commits a first-degree felony. Persons guilty of this act stay up to 18 years in prison and/or pay $15,000 in fines.

Aggravated Indecent Exposure (NM § 30-9-14.3)

Aggravated indecent exposure is the intentional exposure of the primary genital area, including the penis, testicles, mon pubis, mon Veneris, vulva, or vagina, to public view in a lewd, lascivious manner with the intent to intimidate or threaten another person. The actor is also guilty of aggravated indecent exposure if the party does any of the following;

Exposes the genital area to a child younger than 18 years
Assault
Aggravated assault
Assault with intent to commit a violent felony
Battery
Aggravated battery
Criminal sexual penetration, or the abuse of a child

The offense of aggravated indecent exposure is a fourth-degree felony punishable by 18 months in prison and/or a fine of up to $5,000. The penalty is independent of the sentencing for any other offense committed along with it. The court may also order the sex maniac to participate in and complete a professional counseling program at the party’s expense.

Enticement of Child (NM § 30-9-1)

Any individual who entices, persuades, or attempts to persuade a child under the age of 16 years to enter a vehicle, building, room, or secluded place with the intent to commit a criminal offense on the child is guilty of a misdemeanor. This offense is punishable by up to 364 days in jail and/or a fine of up to $1,000.

Incest (NM § 30-10-3)

Whosoever marries or has sexual intercourse with a person with whom they have familial relations be it parents, children, grandparents, grandchildren, brothers, sisters, uncles, nieces, aunts, and nephews, either half or the whole blood, is guilty of incest. New Mexico courts categorize incest as a third-degree felony punishable by up to three years in prison and/or a fine of $5,000.

Child Solicitation by Electronic Communication Device (NM 30-37-3.2)

Child solicitation by electronic communication means appealing to a child under the age of 16 utilizing an electronic communicating device to engage in sexual intercourse, sexual contact, or to act in an obscene sexual performance by a person at least four years older than the minor.

The offense is a fourth-degree felony if the child is at least 13 or under 16 years. A guilty party gets 18 months in prison and/or a fine of up to $5,000 as punishment.
The crime is a third-degree felony if the child is under 13 years of age or if the offender appears at a meeting arranged through the solicitation and the child is at least 13 years but less than 16 years of age. Therefore, this offense is punishable by up to three years in prison and/or a fine of $5,000.
The violation is a second-degree felony if the sex offender appears at a meeting arranged through the solicitation and the child is under 13 years of age. Guilty parties are liable to face nine years imprisonment and/or pay a fine of up to $10,000.

What Types of Sex Offenders Exist in New Mexico?

New Mexico does not specify any classification of sex offenders in the state. All sex offenders, regardless of the offense, are all identified under the blanket term of ‘sex offender.’ However, the State of New Mexico does distinguish certain sex offenders in terms of how long the violator has to register on the sex offender registry in the state. The sex offender registry durations used in New Mexico are;

Offenders Who Have to Remain on the Sex Offender Registry for Ten Years

These sex maniacs must remain on the sex offender registry list for the required years after conviction, release from probation or parole, or release from prison. This category is for sex deviants who committed the following sex offenses;

Criminal sexual penetration in the fourth degree
Sexual exploitation of children by prostitution
False imprisonment of a minor
Aggravated indecent exposure
Enticement of a child
Incest with a minor
Solicit a minor to committing sexual contact in the second, third, or fourth degree, including child solicitation by an electronic communication device
An attempt to commit any of the sex offenses listed above

Offenders Who Have to Remain on the Sex Offender Registry for Life

Sex offenders who committed relatively more severe sex crimes remain on the sex offender registry for the rest of their life. It covers sexual violations such as;

Criminal sexual penetration or aggravated criminal sexual penetration in the first, second or third-degree
Unlawful sexual contact of a minor in the second, third or fourth degree
Sexual exploitation of children (possessing child pornography as specified in NM §30-6A-3
The kidnapping of a minor
Criminal sexual contact in the fourth degree
Intention to commit any of the sex offenses above

Repeat sex violators must also register for life, even if the individual offenses warrant a registration for ten years and not life.

How to Find a Sex Offender Near Me in New Mexico

New Mexico residents may look up sex offenders through the Sex Offender Registry. Also, the website has a tool called OffenderWatch, a community notification tool to inform members of the public about sex offenders living in the state or within a 1-mile radius of any specified address. However, OffenderWatch sends free email notifications to registered users whenever a sex maniac registers a residence within 1-mile of their addresses.

As another option, interested parties may check with the local enforcement agency. In most counties, the sheriff or police usually keep records of criminals living around the area, including sex maniacs. The district attorney, secretary of public safety, chief law enforcement officer for the municipality where the sex violator lives, or the secretary of public safety may also grant access to sex deviants’ information. Upon request, the requester should expect a reply within seven days.

Lastly, the National Sex Offender Registry is a viable option where interested parties search for sex offenders. The National Sex Offender Public Website host the sex offender registries of all the states in the United States, including New Mexico. Parties have the opportunity to search by name or location. Nevertheless, users must fulfill all search criteria before the repository displays any result.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

What Happens When You Register as a Sex Offender in New Mexico?

The regulation of sex offenders in New Mexico is less restrictive than in some other states in the US. There are little to no restrictions on sex violators regarding residency, work opportunities, or movement. However, there are certain conditions to which a sex offender is subject when it comes to freedom.

In terms of residency, a sex maniac may reside anywhere as New Mexico does not impose any residential restrictions on sex offenders. However, the state sends a notification of a sex offender’s presence to all schools and day-care facilities within a one-mile radius of the sex criminal’s residence. The exception is for certain sex offenders out on parole or probation that may have special conditions stipulated in terms of release that may prevent them from residing near a school or a day-care.

A New Mexico sex offender is also not restricted for work opportunities as the state laws do not determine where such an individual may work. Even a registered sex offender may work with children in schools or day-care centers. Nevertheless, suppose a sex deviant gains employment in an establishment that requires such party to work directly with children; in that case, the job details will be available on the Sex Offender Registry.

Registered sex offenders in New Mexico must regularly update their information with the local sheriff’s office in the county of residence. These sex maniacs must notify the sheriff’s offices within five working days if any registration information such as names, addresses, or vehicles changes. There also exists a mandatory re-registration that all sex offenders in the state must undergo continuously for the specified duration. There are five frequencies of re-registration based on the risk classification of the offender;

90-day Re-registrants: These offenders must update their registration information at least every 90 days from the time of conviction, release, probation, parole, or date of last registration. Sex abusers in this category are those posing the most significant amount of risk to the public.

90-day Non-releasable: These are juvenile offenders whose information is unavailable for public viewing. Sex offenders in this class must re-register every 90 days.

Annual Re-registrant: Sex deviants in this category must update registration information at least once every year from the time of conviction, release, probation, parole, or date of last registration. These types of offenders pose a relatively smaller amount of risk to residents of New Mexico.

Annual Non-releasable: This category is for juvenile offenders who must re-register once every year.

Semi-annual Non-releasable: This refers to juvenile sex violators who have to re-register once every six months.

What is the New Mexico Sex Offender Registry?

The New Mexico Sex Offender Registry provides information to the public on the age, location, crime committed, and physical description of sex offenders in the state. Most of the information available on the registry is provided by sex offenders upon registration, relocation, or following their annual renewal. New Mexico, through its Sex Offender Registration and Notification Act (SORNA), seeks to assist law enforcement agencies within the state to protect the public from sex crimes by establishing the registry and providing public access to its information. The New Mexico Department of Public Safety (DPS) maintains the registry according to the SORNA requirements.

The SORNA stipulates the following regarding the duties of sex offenders:

People convicted of a sexual offense in the state of New Mexico have to register with the county sheriff's office where they reside within ten days after release from custody.
Sex offenders who are residents of other states but who school or work in New Mexico are obliged to register with the county sheriff's office where they school or work within ten days of enrolling at the school or commencing the job.
Registered sex offenders who change their residence within the same county have to notify the county sheriff in writing within ten days after establishing their new home.
Registered sex offenders who relocate to new counties in New Mexico have to register with the county sheriff of the new county within ten days of establishing their new residence. They are also required to send written notification of the change in their home to the county's sheriff, where they last registered within ten days after establishing their new residence.
Sex offenders who are employed, who begin a vocation or who are enrolled as students of higher institutions in New Mexico, are required to disclose their status as sex offenders in writing to the county sheriff of the county where the institution of higher education is located, the law enforcement agency responsible for the institution, and the registrar for the institution of higher education no later than ten days after commencing such employment, vocation, or enrolment at the institution. They are also required to send written notices of changes in such job, vocation, or enrollment at an institution of higher learning, the law enforcement entity, the county sheriff, and the registrar within ten days after changing employment, vocation, or enrollment status.
Sex offenders who are employed, or who begin a vocation or volunteer their services, are mandated to disclose their status as sex offenders in writing to their employers, supervisors, or anyone in a similar position, immediately they commence such employment, vocation, or volunteer service.

Upon registration, sex offenders are required to provide the following information to law enforcement agencies:

Legal name (and aliases if available)
Date of birth
Current address
Social Security Number (SSN)
Current place of employment
Conviction
Details of the offense committed like the time and place of crime and where the offenders served their sentence
Photograph of the sex offender and a complete set of the sex offender's fingerprints;
Description of tattoos, scars, or other distinguishing features on the sex offender's body that would assist in identifying the sex offender; and
Sample of DNA for inclusion in the sex offenders' DNA identification system according to the provisions of the law.

The law mandates county sheriffs to maintain a local registry of sex offenders in their jurisdiction and forward the registration information obtained from such sex offenders to the DPS within ten working days after the information is received from the sex offender. The DPS does not provide registration information online regarding the following:

Sex offenders who were less than eighteen years of age when they committed the sex offense for which they were convicted as youthful offenders unless, at the time of sentencing, the court found that the sex offender is not amenable to treatment and constitutes a danger to the community.
Sex offenders' Social Security Number
Sex offenders' DNA information; and
Sex offender's place of employment, unless the sex offender's job is such that the sex offender is required to have direct contact with children.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

What Rights Do Sex Offenders Lose in New Mexico?

Mexico state laws do not explicitly provide for the loss of rights for sex offenders, but a conviction for sex offenses imposes stringent obligations on offenders. For example, though sex offenders do not expressly have movement and residency restrictions, they are under strict duties to notify law enforcement agencies about their movement and residency options. Furthermore, the publication of the information of sex offenders on the public sex offenders registry amounts to a loss of sex offenders' privacy rights. Sex offenders in New Mexico and their families may also have to live with the stigma arising from their convictions for life, as the law does not make provisions for the expungement of sex charges.

What are the Sex Offender Laws in New Mexico?

The Sex Offender Registration and Notification Act (SORNA) is the primary law regulating sex offender registration in the state. The law, which is administered by the New Mexico Department of Public Safety (DPS), mandates the registration of the following people with the DPS and other local law enforcement agencies:

Sex offenders, convicted on or after July 1, 1995;
All sex offenders convicted before July 1, 1995, who were incarcerated, on probation or parole on that date; and
People found guilty of committing a sex offense on or after July 1, 2013

The law requires the DPS to contribute to the National Sex Offender Registry maintained by the U.S. Department of Justice. The DPS shall send to the national sex offender registry the conviction information and fingerprints for all sex offenders registered in New Mexico; managed by the U.S. Department of Justice and the Federal Bureau of Investigation. The law also permits the DPS to adopt rules necessary to administer the provisions of the SORNA.

The purpose of the SORNA is to assist law enforcement agencies protect their communities by:

Requiring the registration of sex offenders resident in New Mexico with the sheriff of the county in which such sex offender resides;
Requiring the registration of sex offenders with the sheriff of the county in which they work or school, where such sex offenders are resident in other states, but school or work in New Mexico;
Requiring the establishment of the New Mexico central Sex Offenders Registry; and
Providing public access to registered sex offenders' information.

How Long Do Sex Offenders Have to Register in New Mexico?

Sex Offenders in New Mexico are to register for life or ten years depending on the severity of the offense requiring registration. The law mandates the New Mexico Department of Public Safety (DPS) to retain registration information regarding sex offenders guilty of the sex offenses listed below, for the entirety of the sex offenders' life:

The DPS retains the registration information of sex offenders convicted for the following sex offenses for a period of ten years after the sex offender's conviction, released from jail, or from probation or parole, whichever occurs later:

Criminal sexual penetration in the fourth degree,
Sexual exploitation of children by prostitution,
False imprisonment, when the victim is below eighteen years of age and the offender is not a parent of the victim,
Aggravated indecent exposure,
Enticement of children,
Incest, when the victim is below eighteen years,
Solicitation to commit criminal sexual contact of a minor in the second, third or fourth degree
An attempt to commit any of the sex crimes mentioned above.

For any of the above-listed crimes, the DPS retains information about those sex offenders found guilty on more than one occasion for the rest of their lives. The duration of sex offenders' registration is computed from the offender's date of sentencing or release from incarceration, parole, or probation, whichever is later.

Can Sex Offenders Live With Their Families in New Mexico?

New Mexico does not impose residency restrictions on sex offenders. Thus sex offenders can live with their families as far as there is no rule prohibiting such in the municipality they reside.

Do Sex Offenders Have to Notify Neighbors in New Mexico?

Sex offenders do not have any obligation to notify their neighbors of their conviction status. However, when they change their residence within the same county, they have to inform the county sheriff in writing within ten days after establishing their new home. Also, registered sex offenders who relocate to new counties in New Mexico must register with the county sheriff of the new county within ten days of establishing their new residence. They are also required to send written notification of the change in a home to the county's sheriff, where they last registered within ten days after establishing their new residence. Law enforcement agencies also notify people via email when sex offenders move into their neighborhoods. Interested people can register to receive this notification via email by clicking on the" register for email" on the Sex Offenders Registry.

How Close Can a Sex Offender Live to a School in New Mexico?

The law of New Mexico does not restrict sex offenders from living within any distance around schools. However, when a sex offender moves into a community, law enforcement agencies notify schools within a one-mile radius of the registered sex offender's new address of the presence of the sex offender. Furthermore, sex offenders who are employed or who enroll as students at public or private schools in New Mexico are mandated to disclose their sex offender status in writing to the county sheriff of the county where the school is situated and to the principal of the school within ten days after enrolling at the school. They are also required to send written notices of changes regarding their enrollment or employment status at a school to the principal and the county's sheriff within ten days after the occurrence of such change.

Can You Expunge a Sex Offender Charge in New Mexico?

Following the New Mexico expungement law enacted in January 2020, known as the Criminal Record Expungement Act (CREA), eligible offenders in the state may expunge their criminal records. However, Sex offenses are ineligible for expungement.

How to Lookup Sex Offenders in New Mexico

People can lookup sex offenders in New Mexico on the New Mexico Sex Offender Registry managed by the New Mexico Department of Public Safety (DPS). Requesters can search for sex offenders by clicking on any of the following buttons on the site:

"In your area": Using this search parameter displays all published offenders within a radius of the requester's home, business, school, or any other address as specified by the requester.
"Name": by clicking this search parameter, people can locate published offenders by their last or first name or an alias. The search displays all matches or partial matches.
“City”: Requesters who know the location of the offenders they are interested in can click on this search button to locate published offenders by their city of residence. The result displays the match or partial match of the requested offender.
“Non-Compliant”: Using this search parameter displays all published non-compliant offenders in the state.
“Internet names/email”: Anyone using this search option can locate offenders by their internet names or email addresses. However, the internet names or email addresses provided have to be accurate as only exact matches are displayed.
“Phone Number”: Anyone can use this search to locate published offenders by phone number. However, people using this option have to input the accurate phone number of the requested offender, as the search only displays exact matches.

Anyone can also register to receive notifications about sex offenders via email by clicking on the "Register for email" link. Clicking on the link redirects people to a page where they are required to fill in specified contact information like their address, city, state, zip, and email. Users who register their addresses for notifications receive email alerts directly from the local law enforcement agency responsible for registering offenders. People are encouraged to add "notifications@icrimewatch.net" to their address book to better ensure they receive the latest information on sex offenders within their neighborhood.

Anyone can search the U.S. Department of Justice website for sexual offenders in all the states of the United States of America, the District of Columbia, U.S. Territories, and the Indian Country. Users can lookup sex offenders in New Mexico by following the steps below:

Visiting the U.S. Department of Justice sex offenders’ search page.
Accepting the information collection and privacy policy by clicking on the 'Continue' icon on the page.
Inputting the required search parameters, like the name, zip code, or address radius.

The sex offender data displayed on the website is obtained from the law enforcement agencies in the jurisdiction where a sex offender is registered. Residents with further questions on sex offenders living in New Mexico can contact the local law enforcement agencies in the state. People who want to obtain registration information of specified sex offenders can also request the information from:

The sheriff of the county where the sex offenders reside;
The chief law enforcement officer for the municipality where the sex offenders reside;
The district attorney of the judicial district in which the sex offenders live; or
The secretary of public safety

Is Public Urination a Sex Offense in New Mexico?

Although public urination is not expressly an offense in New Mexico, anyone who urinates in public may be charged for indecent exposure. According to the law, people commit indecent exposure when they knowingly and intentionally expose their primary genital area to public view. The law further defines "primary genital area" to mean the mons pubis, penis, testicles, mons veneris, vulva, or vagina. People who commit indecent exposure are guilty of a misdemeanor. In addition to any punishment under the law, the court can order them to participate in and complete a professional counseling program at their own expense.

How to Report a Sex Offender in New Mexico?

People are encouraged to report suspected sex offenses, including the provision of false information and noncompliance by sex offenders with the registration and verification requirements. Upon suspicion of an offense or violation, call the New Mexico Department of Homeland Security & Emergency Management at (505) 476-9600. Reporters can also be submitted by postal mail or visiting the department at:

13 Bataan Boulevard
P.O. Box 27111
Santa Fe, NM 87508

People can also call (505) 476-2438 or email the Department of Public Safety to report sex offenders. Anyone can report non-compliant or unregistered sex offenders at the federal level by contacting the United States Marshals Service (USMS) by submitting a tip at the Fugitive/Non-Compliant Sex Offender Tips & Leads webpage. People who feel they require urgent attention should call 911.

Sex offenders who fail to comply with the registration or verification requirements stated in the law or provide false information when complying with the requirements are guilty of a fourth-degree felony. After a first guilty conviction of failure to comply or provision of false information during registration or verification, offenders who are found guilty a second time will be convicted of a third-degree felony.