On May 20, 2010, Governor Perdue signed into law House Bill 571. It made important changes to Georgia’s sex offender registry laws. Because I believe that it is important for people effected by this legislation to know about it, I have put together a summary. You should check with your county sheriff and/or your probation or parole officer before changing your behavior.The clear purpose of the law seems to be to reduce the number of registrants to those who likely pose some risk to the community.
Employment and Residence Restrictions Were Reduced
The restrictions that apply to a person is now based on the restrictions which were in place in the law at the time of the offense conduct. If the offense conduct occurred prior to June 4, 2003, the employment and residence restrictions will not apply to the registrant. O.C.G.A. §§ 42-1-15, 42-1-16, 42-1-17.If the offense conduct occurred between June 4, 2003 and June 30, 2006, there are restrictions on the location of the registrant’s residence but not on the registrant’s place of employment. The residence cannot be within 1000 feet of any child care facility, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium or similar facilities providing programs or services directed toward persons under age 18. If the offense conduct occurred after June 30, 2006 and on or before June 30, 2008, the registrant has restrictions on place of residence and place of employment. The residence cannot be within 1000 feet of any child care facility, church, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium, school bus stop, or public or community swimming pool. The place of employment cannot be employed by any child care facility, schoo or church or by or at any business or entity located within 1000 feet of a child care facility, school, or church.If the offense conduct occurred after June 30, 2008, then there are restrictions on place of residence and employment.The residence cannot be within 1000 feet of a child care facility, church, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium, school bus stop, public library, or public or community swimming pool. The registrant cannot be employed by or volunteer at any child care facility, school or church, or by or at any business entity located within 1000 feet of a child care facility, school or church.With regard to registrants whose offense conduct occurred after June 30, 2006, there is ongoing litigation about whether the school bus stop provision can be enforced. Most counties do not have designated bus stops and those that do are not enforcing the bus stop provision while the litigation is pending.If a registrant has established residence or employment and a facility such as a child care facility, church or school is established or moves within 1000 feet of the registrants residence or employment location, there is a procedure by which the registrant can petition to establish the right to remain at the residence or employment under certain circumstances.It should be noted that the rules regarding church have been modified. Registrants who are barred from volunteering at a church can still perform a number of roles in a church. Volunteering at a church has now been defined to mean engaging in an activity which would ordinarily be employed for compensation which involves in working with, assisting or being engaged in activities with minors. It does not include participation in activities for persons 18 years of age or older only, participating in worship services, or engaging in religious activities or activities at a place of worship which do not involve supervising, teaching, directing or otherwise participating with minors who are not supervised by an adult who is not a registrant.The rules regarding homeless registrants have also changed. A registrant who is or becomes homeless must register in person with the sheriff of the county in which he is sleeping within 72 hours of that status change, provide information on the location where he or she sleeps, maintain the required registration information for each sheriff of a county where he or she sleeps, report his or her registration within 72 hours of changing sleeping locations, and annually renew his registration within 72 hours prior to his or her birthday each year. Registrants are no longer required to provide their email addresses, usernames and user passwords to law enforcement as part of the registration process.
Some Registrants May Be Eligible to be Removed from the Registry
The prior law provided that a person on the sex offender registry could petition to be removed from the registry. That process could only be initiated once ten years had elapsed from the completion of the person’s sentence.
The completion of the sentence would be the later of the person’s release from prison, parole, supervised release or probation.The new law will allow for a petition to be made to be relieved of the employment and residence restrictions and from the registration requirement. This can often be done prior to the previous ten year requirement. Risk Classification If the person is classified by the Sex Offender Registration Review Board as a level I risk assessment classification, then they may file a petition immediately, if the registrant has completed all prison, parole, supervised release and probation for the offense which required registration. The registrant must also meet the following criteria: a. No prior offense which would be a sex offense under Georgia law or similar state or federal law; b. No use of a weapon during the offense; c. No relevant similar transaction; d. Victim did not suffer any intentional physical harm; e. The victim was not transported during the offense; and f. The victim was not physically restrained during the commission of the offense.
Other Risk Classifications
If the person is classified by the Sex Offender Registration Review Board as a level II risk assessment classification or as a sexual predator, the person is not eligible to file a petition until ten years after the person has completed all prison, parole, supervised release and probation for the offense which required registration.
Unclassified Registrants
If the person is classified by the Sex Offender Registration Review Board, a petition may be filed, but the court will stay the proceeding and direct the Board to make a classification in the person’s case. The resulting classification would determine eligibility for relief.
Disabled Persons
Disabled or incapacitated persons may be eligible to be removed from the registry under the following circumstances. The registrant must have completed all prison, parole, supervised release and probation for the offense which required registration and: (a) is confined to a hospice facility, skilled nursing home, residential care facility for the elderly or nursing home; (b) is totally and permanently disabled; or (c) is otherwise seriously physically incapacitated due to illness or injury.
Level of Offense Change
If the registrant was convicted of an offense which was a felony on or before June 30, 2006, but is now a misdemeanor, the registrant can petition for removal from the registry. This most typically involves offenders who were close in age to their victims. One example is that some registrants were convicted of sodomy prior to July 1, 2006, where the victim was at least 13 years old but less than 16 years old and the registrant was 18 years old or younger at the time of the offense. These persons would now be eligible to seek removal from the registry.Another example is that some registrants who were convicted of statutory rape prior to July 1, 2006, where the victim was at least 14 years old but less than 16 years old and the registrant was 18 years old or younger at the time of the offense, and no more than four years older than the victim at that time. These persons could now petition for removal from the registry.
Non-Sexual Kidnapping or False Imprisonment of a Minor
If the registrant was subject to registration because of a kidnaping or false imprisonment charge where there was no sexual offense against a minor, the registrant may be eligible to petition for relief from the registry requirements.
Procedure for Petition for Removal
If a registrant was convicted in Georgia, then the petition would be filed in Superior Court in the county where the conviction occurred. If the conviction was from another state, the petition can be filed in the county of residence of the registrant. The court can order the person removed from the registry and can release the person from some or all of the employment or residence restrictions that may apply to the registrant.If a person petitions for relief and the petition is denied, a new petition cannot be filed for two years from the order of denial.The court can grant the petition if it finds by a preponderance of the evidence that the person does not pose a substantial risk of perpetrating any future dangerous sexual offense. In preparing such a petition and readying the case for presentation at a hearing, it will be important to document the facts of the underlying offense, including getting copies of warrants, incident reports, accusations, indictments, and sentencing documents. It is also necessary to document all treatment programs completed by the registrant either in jail or prison or while on parole or probation or otherwise. Any psychological or psychosexual evaluations will need to be obtained. If there are none, depending on the facts of the case, such an evaluation may be recommended. The registrant’s record while on parole or probation is important to demonstrate a lack of serious violations. Finally, the facts and dispositions of any new offenses or violations must be examined.
Modification of Probation Conditions
Registrants who are still actively serving their probation sentences continue to be able to seek modifications of the conditions of probation. Good cause must be shown to the court for such modifications. In the past, my office has sought modifications to allow probation under sex offender conditions to have pictures of their children and grandchildren and to have contact with such relatives. Obviously, the court must be convinced that such changes will not cause a risk of harm to others or a risk of allowing for a new offense to occur.
Our Office
Attorney Sean A. Black has been in practice since 1992. During that time, he has handled numerous criminal and civil matters. He has handled many cases involving the sex offender laws at the trial court level and on appeal as well as habeas corpus cases. To seek help with a case, call us at 866-234-4481 or email me at [email protected]. Black Law Offices, LLC, is located at 141 West Savannah Street, Suite B, Toccoa, Georgia..
Comments
Veronica Reply
Posted Dec 17, 2013 at 13:43:45
Sean, thank you for a concise and clear explanation on Georgia’s Sex Registration laws. I am an attorney who has been researching this issue and your web page has the best explanation by far of all the other practioners websites I have perused. Kudos. Based on your writing here, I imagine that you are a fine advocate whose clients are fortunate to have you on their side. I have two questions for you: (1) do you know what risk level Distribution of Child Pornography falls under in Georgia? If so, what is it or what is the actuarial system they use to determine risk level? (2) if someone convicted of Distribution of Child Pornography after June 30, 2008 is taken off the registry, do the 1,000 feet restrictions on residence and employment still apply?
Sean A. Black Reply
Posted Dec 27, 2013 at 06:17:23
The information I have been given about the classification system indicates that it is more related to an offender based evaluation than an offense based evaluation although the severity of the offense can have an effect, particularly if it is a violent or stranger-type crime.
To obtain removal from the registry, a person must have completed the relevant sentence including parole or probation. At that point, persons on the registry may be subject to certain employment and residence restrictions based upon their conviction date. Removal from the registry removes these restrictions. However, if the person is serving probation or parole for a different offense, it may be that some of these restrictions may be imposed as conditions for the new probation or parole. I have seen the parole board, in particular, impose such conditions for an unrelated offense where the criminal history includes a registry offense.
Lynn Reply
Posted Oct 29, 2014 at 10:45:31
When a person as completed his / her 10 year probation are they able to travel outof the state without special premission for a week vacation with his / her spouse.
Walter West Reply
Posted Jun 25, 2015 at 12:04:09
Mr. Black. My offense occurred in 1988 and I was adjudicated in 1994, in a high-profile case. I was sentenced to 20 years to serve and served the entire sentence. I then discovered I had 20 years on probation to serve. I interstate compacted to Florida, as both my parents died while I was incarcerated and our house in McDonough was foreclosed upon. Is there any way to have my probation reduced or negated. (DOC had no listing of probation for me and neither did probation at the time of release). I have been on probation for a couple of years, am disabled (on disability) and have limited mobility. I understand that the SO review board put me under predator status in my absence. Any suggestions? Advice? My case ended up in Clayton County.
Sean A. Black Reply
Posted Jun 30, 2015 at 05:08:21
Like most questions addressed to lawyers, this is one where the answer comes down to the documents. What does the sentence state? Beyond that, your classification level will make a court reluctant to release you from supervision.
Jason Reply
Posted Jul 14, 2015 at 07:15:43
3rd degree sexual exploitation of a minor. Is that a slam dunk for level 1 classification with no other sex offenders. 6 months each count and all time donebin jail with no parole or probation. Reason I ask is sex offender deputy scared me out of getting classified cause said someone had 12 counts and got predator status.
Sean A. Black Reply
Posted Jul 14, 2015 at 08:02:07
The classification system can be intimidating. Parole or probation violations, prison or jail infractions, disregard of counseling/treatment requirements, or other misconduct is required to escalate the classification level. Most sex offenders who are charged and convicted are at very low risk to re-offend. The SORRB looks for other risk factors which would increase that risk. If you don’t have the other risk factors, I would expect you to be classified as Level 1. But, without knowing all of the details of your case and your progress since conviction, it is only a guess.
Denise Reply
Posted Aug 06, 2015 at 16:54:21
On another note, a registered sex offender with 2 prison stints of a violent, sexual nature has moved in across the street from our neighborhood elementary school. There’s nothing we can do since the crimes were comitted prior to 2003 (though he was in prison for 20 years at that time). Do you have any advice for parents like me?
Sean A. Black Reply
Posted Aug 07, 2015 at 07:11:36
There is nothing that will likely reassure you about this situation.
Convicted sex offenders are statistically less likely to commit a new sexual offense. Without knowing the facts of his conviction offenses, it is difficult to say whether there is a substantial risk to children. On the other hand, forewarned is forearmed. You know that this person may be a risk or danger, that is true whether he lives across the street, down the block, or across town. That is not true of many other people you and your children may come in contact with. When sexual crimes against children occur, it can come as a complete surprise by people you never suspected.
Your best bet is to have upfront conversations with your children about safety, dealings with other people and being honest with parents about things that happen in their lives.
The registry and residence restrictions can just give people a chance to sweep things under the rug and pretend that bad things don’t happen.
qtjBama Reply
Posted Oct 15, 2015 at 10:59:23
Someone very close to me, a Level I SO in GA, has just been given a summons by his PO to appear before his sentencing judge – i.e., “Hearing for Good Cause,” with a two week notice. His documentation – psychosexual evaluation, PPG, polygraphs (never failed) – are all pristine and he would be given very good feedback or neutral reviews from his POs. He has a stack of recommendation letters from people in the community. He served 2, and is now 3 years into 12 years probation. Orig Offense in 2007. He is a performer and comes to work in my state (AL), for which he has always needed a travel permit. (he never stays more than 3 days).
TWO GROUPS OF QUESTIONS:
Firstly, if he goes on non-report – the purpose of this hearing, which his PO instigated – would he still need a travel permit? If he does not need one in GA, would he still need one in AL?
Secondly, could he file for removal from the SO Registry at the same hearing?
He fits all of these criteria (from above): The registrant must also meet the following criteria: a. No prior offense which would be a sex offense under Georgia law or similar state or federal law; b. No use of a weapon during the offense; c. No relevant similar transaction; d. Victim did not suffer any intentional physical harm; e. The victim was not transported during the offense; and f. The victim was not physically restrained during the commission of the offense.
qtjBama Reply
Posted Oct 15, 2015 at 11:12:01
BTW, the original offense was “Luring a minor”… case of entrapment (per court transcript, he was in an Adult chat room, and the “woman” he was talking to suddenly announced she was 14 – no meeting, no etc. The entrapping officer refused to show photo used to lure “we have many; I don’t know which one he looked at”). The DA was sure he would get probation. My friend was eager and prepared to defend himself; his inexperienced attorney and even the DA were sure he’d get just probation…but after the DA rested, at noon, before defending himself, during the lunch break behind the scenes sitting with DA and his own attorney, Judge gave him “take your chances, and if you are given a guilty verdict, I’ll put you in prison for 60 years. Or plead guilty and take 2.” He has no priors aside from traffic violations. 28 yo at the time. He was given 45 minutes to make a decision. He took 2 years, of course, rather than “life.” All pychosocial evidence shows he is attracted to adult women. Clear record.) The attorney he consulted with (he’s interviewing now), looking at his documentation, says his case is extremely unusual. I’m told that there really aren’t any enforceable entrapment laws in GA.
Sean A. Black Reply
Posted Oct 15, 2015 at 11:31:48
Being made non-reporting does not terminate the sentence. Until the sentence is complete, either through running its course or early termination, he does not have standing to request removal from the registry. Likewise, until the sentence is complete, he will continue to need a travel permit to leave the state of Georgia. He will also have to continue to notify probation if his address changes and update registry information as required by law.
Sean A. Black Reply
Posted Oct 15, 2015 at 11:33:38
I really can’t assess his prior conviction without seeing the court record and transcripts. You do not give any information as to when his conviction occurred to evaluate whether a challenge to the conviction would be timely.
Carolyn Gill Reply
Posted Dec 03, 2015 at 20:08:32
Mr. Black I searching for knowledge on the 1000 ft. laws for a registered offender. See my fiancé served 10 years in prison for I sex crime against me when I was 20 years old. He was released July 14, 2014, we reunited in Jan, 2015 and talked about what happened in the past and started a new relationship with each other. The small town we live in recently started giving us issues about where we live. When I google the distance from our home to the park which is directly across the street from the middle school it shows we live more than 1000 ft. away but when we spoke with the lady at the sheriff’s office she stated that we are too close because the owner of the park also owns the property across the street from us how does that work. I honestly think she is being untruthful but I have no way to prove it yet. Do u have any advice for us because I have to young kids my only income is child support and I cant afford to move. I’m lost and not sure what to do or where to go from here. I feel there being very unfair to him because it’s not like he’s a child offend nor has he ever been in any trouble before this was his first offense and he served his time.
Kim Robinson Reply
Posted Jan 24, 2016 at 09:24:49
My son is up for parole for child molestation supposedly committed on September 16, 2005. He has been in 10 and a half years. There was no dna evidence and the victim did not testify but he was convicted and got 13 in and seven probation. But I’m confused after reading who must register. Child molestation is not listed within the occurrence dates. Can you clarify this for me?
Sean A. Black Reply
Posted Jan 25, 2016 at 05:08:08
There are two classes of offenses which trigger registration: “criminal offense against a victim who is a minor” and “dangerous sexual offense.” Over time, the definition of each has changed. Because these classifications are not applied retroactively, this causes each of these terms to have different definitions depending upon the date of the conviction.
Your comment does not specify the date of conviction. Since the offense date is September 16, 2005, I assume that the conviction date is after that within a couple of years.
A child molestation offense where the conviction occurred after June 30, 2001, would be considered to be a criminal offense against a victim who is a minor because it would be “criminal sexual conduct toward a minor.” OCGA 42-1-12 (a)(9)(B)(iii). It could also be regarded as “any conduct which, by its nature, is a sexual offense against a victim who is a minor.” OCGA 42-1-12(a)(9)(B)(xi).
If the conviction occurred prior to July 1, 2006, it would not be regarded as a dangerous sexual offense, unless you omitted a description that it was “aggravated child molestation.” If the conviction was on or after July 1, 2006, it would be regarded as a dangerous sexual offense. OCGA 42-1-12(a)(10)(B)(viii).
Meeting either definition triggers registration for most people residing in or moving into Georgia.
Sean A. Black Reply
Posted Jan 25, 2016 at 05:13:02
Where distances are being measured for sex offender registrants subject to residence or work restrictions, the distances are measured between the two closest boundary points of the two properties. It is not measured door-to-door or entrance-to-entrance.
There is not a lot of direction in the statute or case law for the situation you describe where the owner of a property that would trigger restrictions also owns property abutting the restricted property where the abutting property is not dedicated to a restricted usage.
Paul Baccus Reply
Posted Jan 31, 2016 at 16:14:05
I was convicted on 3-31-1997 of sexual assault of a child while in a position of trust. A felony by Colorado law.Currently I live in South Carolina and am considering moving to Georgia. How would I be classified under Georgia law? Are there any restrictions as to where I could live or work? Would I be able to petition the court to be removed from the registry list and how long after residency if possible? Thank you
Sean A. Black Reply
Posted Feb 02, 2016 at 08:56:37
If a person moving into the state of Georgia is required to register in the originating state, then they are required to register in Georgia. Georgia will not conduct any initial classification upon registration. A person who is on the registry can petition for removal from the registry. If unclassified, as you would be at that stage, the court would order a classification. If the person is classified as a Level I, low risk, then the petition can proceed immediately, with no further waiting period. If the person is a Level II, moderate risk, then the petition can only proceed if it has been more than ten years from the completion of the sentence.
g.wilson Reply
Posted Feb 13, 2016 at 19:21:23
I’m on probation for false imprisonment which occurred in 2013 the incident occurred with my 12 year old brother and I was 17 at the time. When I took my plea for 10 years probation they never told me anything about having to register,nor was anything about registering for sex offender on therecord. Last week when I reported to probation they told me I had to register which I did. I need this off of me what can I do? Please help me I’m not didn’t commit a sex crime I need to come off.
Sean A. Black Reply
Posted Feb 15, 2016 at 06:18:25
It is certainly something that your lawyer, at least, should have discussed with you.
False imprisonment of a minor where the offender is not a parent is specifically set out as a “criminal offense against a victim who is a minor.” OCGA 42-1-12(a)(9)(B).
Any offense which is a “criminal offense against a victim who is a minor” requires registration as a sex offender, even where there is no sexual component to the crime charged or the underlying facts.
Registration requirements are collateral consequences of a conviction. The judge is not required to cover all collateral consequences of a conviction on the record. I really think that your lawyer should have informed you of that type of collateral consequence.
There are two ways to get you off the sex offender registry: (1) complete your sentence and successfully petition for removal (but be on the registry for ten years) or (2) successfully challenge the entry of your plea and have the sentence set aside. However, that places you in a position where the prosecution against you re-starts.
shawana Reply
Posted Apr 06, 2016 at 13:14:29
Good afternoon Mr. Black My husband was convicted in 1999 for statutory rape. At the time the victim and her family tried to drop the charger because she you lady admitted that it was consensual and she lied about he age but the state decided to keep the case and charge him anyway. The young lady was 12 and my husband was 16. We have been living in texas for a while and want to know what steps can be taken to have him deregistered of removed for the list?
Edward Davis Reply
Posted Apr 19, 2016 at 19:32:28
Sean black…i was convicted by jury on june 6,1987 for child molestation..no harm..no restraints..i allegedly exposed myself..when she went back and said i didn’t..i completed my sentence may 1997..no other charges like this…can i get off registry?never been leveled
marie howard Reply
Posted Apr 20, 2016 at 15:15:37
I have a question. If a person has 20 years for statutory rape (consensual) and serves 5 years prison and get released to serve the remaining time on papers can that person be eligible for early release of probation? This person is classified as level 1. No other convictions and no violations. Has completed all classes. Is it possible to ask for a sentence reduction or early removal?
Sean A. Black Reply
Posted Apr 25, 2016 at 06:56:36
The probation portion of a sentence is subject to modification throughout the sentence by the sentencing court. Modification can be of the conditions to be supervised and of the length of the sentence. Sex offenses can experience significant resistance from the courts in termination requests unless it is very clear that the person poses no threat of re-offending.
Sean A. Black Reply
Posted Apr 25, 2016 at 07:02:46
Anyone on the registry who has completed the sentence and is not classified as a sexual predator may be eligible for removal from the Georgia registry. Unclassified persons need to file a petition for removal in order to be classified. Level I’s can proceed immediately with the petition for removal. Level II’s can only proceed if at least ten years has elapsed since the completion of the sentence (including probation).
Sean A. Black Reply
Posted Apr 25, 2016 at 07:04:16
If your husband is a resident of Texas, he is not on the Georgia registry. He would need to pursue removal from the Texas registry if that is available.
Margie Reply
Posted May 13, 2016 at 16:22:37
I have tried to find an answer and have been unable to. I really hope you can help me. My mother is having some health problems and is moving in with me, my husband, and my 4 child (all under 18). She wants her live in boyfriend to move in as well. He is a Level 2 sex offender and I can’t find if he by law could move in. I am worried! Please help. Thanks so much
Margie Reply
Posted May 13, 2016 at 16:25:29
Can a level 2 sex offender live with minors? I have looked this up many times and can find no answer. Please help. Thanks a million.
Sean A. Black Reply
Posted May 16, 2016 at 08:59:24
First of all, it’s your home. You get to decide who moves into your house. You are not required to allow your mother’s boyfriend or even her husband to live in the house with you or your mother.
Current Georgia restrictions on sex offender registrants do not prevent registrants from living in a home with children. If the person is still on parole or probation, conditions associated with that status often do include restrictions against living in a home with children. If the person has completed their sentence and is subject to residency restrictions, those restrictions will be limitations on homes within a specified distance of places where children are likely to congregate, like schools, parks, playgrounds, daycare centers, etc.
Holley Reply
Posted May 23, 2016 at 12:41:15
The community, hotel, motel pool usage law wording is confusing. For travel/vacation purposes: Is this for loitering or, if a SO is staying at a hotel/motel can they use the pool? Is there a date of offense associated with this law? The offender is Level 1.
Thank you.
Sean A. Black Reply
Posted May 23, 2016 at 13:00:57
It is fair to describe the language about community pool as vague and indefinite. There is not actually a specific provision regarding hotel or motel pools. Instead, the language is “public or community swimming pool.” At the same time, there is other language regarding areas where minor congregate. That last term is similarly vague.
These restrictions are very specific as to what persons the restrictions apply to based on date of offense.
The restrictions can apply based on three types of conduct: residing, being employed or volunteering, or loitering.
A hotel/motel swimming pool could be seen as an area where minors congregate. Assuming we are talking about a short-term stay, it is hard to imagine that a hotel guest using a hotel amenity would be seen as loitering. However, the way that you are likely to face the issue is because law enforcement charges you with a criminal offense based on the conduct. You are then defending yourself against a criminal charge and may face issues regarding being allowed bond.
The dates of offense as set out in the summary of the law that you read is very important.
Rose Reply
Posted May 24, 2016 at 00:22:34
If someone is on first offenders and they do time served but is a level 2 is that person clear of having to register and is that person allowed around children?
Sean A. Black Reply
Posted May 24, 2016 at 03:30:03
I’ll have to try to break your question apart.
If the person is actively serving a Georgia first offender probation sentence, then they have to register as a sex offender, may be subject to employment, residence and loitering restrictions. In addition, they are subject to their probation conditions, which usually include conditions against having purposeful contact with minors and requirements to report inadvertent contact with minors.
If the person had a first offender sentence, successfully completed probation, and received a discharge from the court, then they do not have to register as a sex offender and are subject to no conditions.
Because this is a very high stakes issue, the best bet is for the person to consult with a lawyer about their specific situation and provide documentation of the court actions.
Jessica Reply
Posted Jun 08, 2016 at 08:50:22
Thank you for posting this kind of stuff because it is really important to me. I have a guy that I am really in love with, but I break up with him because his child like ways, he does jealous game with me because he is jealous of me, he likes to me upset and he is a sex offender too. He told me his story, I told lawyers, law enforcement, Department Of Corrections and they took my emails seriously. He lost his mom when he was thirteen years old, so he lived in foster care. His parents lost him at a young age because the law enforcement caught his parents at a bar with him when he was a baby. When he was eighteen years old he got kicked out of foster care. He met his victim when she was fourteen years old. He kissed her and spanked her once and they were dating at the time. They really liked each other, but he told me she was really mean to him and he wrestled her down because she was mean to him and he couldn’t take it. He lived with her, but she admitted he was down stairs most of the time and he had a job too. The mom took his car to steal money from Sonic, the nephew dressed up like him and stole money too and they tried to get him in trouble, but the nephew ended up saying it was him. In 2009, the victim accused him of raping her, they took the rape test, the DNA test said he never raped her, the Polygraph said he never raped her and she is telling people he is rapist, but that is not true because the Sheriff’s papers said that they never had sex with her and I saw it too. So he is going to court in September to see if he is able to get off the sex offender registration. I have been fighting with him for a long time. The victim called me a twelve year old that needs to go back to Elementary School, she said that I am an idiot, he is a liar, he is crazy, I really do want him to get off there. Please pray for us. She is not a very friendly person. She was telling the judge lies and she admitted that the Parole Officer was sending letters to her and they were sending letters to her about me. They told her what I was saying about her to the lawyers, law enforcement, this man works for the Department Of Corrections and that is not right. Have a great day. I have dealt with this for two years to try to get this off his record. God bless you. I hope you make a difference in people’s lives.
Jerry P Reply
Posted Jun 09, 2016 at 12:51:56
Hi, I was convicted of enticing a minor for indecent purposes in 2008 (1 count where I made a comment online with no physical contact or pictures of any kind). I plead guilty and got 3 year to serve 1 sentence. My sentence ended in 2011. I just tried to get classified to see what level I am so I can try to get off the registry. 3 questions, 1. are sex offenders allowed to live with their own children without supervision! 2. what do you think my odds are of getting a level one classification? 3. What do you think my odds of getting off the registry are? I have no other charges of any offense of any kind ever.
Sean A. Black Reply
Posted Jun 10, 2016 at 05:59:02
I am interested to see if they SORRB will classify you without a court order. Please let me know about that.
You are not under a probation sentence, which is generally where the restrictions about residing with a child come into play. So, if you are off of probation, I don’t believe you have that restriction.
The restrictions that do apply are as to your residence location and your employment locations as well as where you might loiter.
With a low level offense as you describe, if you had no violations of probation and you do not have any severe mental health or substance abuse issues, I would think your chances of a Level I are pretty good.
Kcor Reply
Posted Sep 12, 2016 at 22:16:06
I am getting conflicted information about first offender status for Criminal Attempt to Commit Child Molestation in GA. Do you know if that charge can be sentenced under first offender?
Sean A. Black Reply
Posted Sep 13, 2016 at 04:01:52
OCGA 42-8-60 sets out the availability of first offender and how it is to be implemented.
For your question, we look to section (j) which sets out offenses for which first offender cannot be ordered:
The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46; (4) Neglecting disabled adults, elder persons, or residents as prohibited by Code Section 16-5-101; (5) Exploitation and intimidation of disabled adults, elder persons, and residents as prohibited by Code Section 16-5-102; (6) Sexual exploitation of a minor as prohibited by Code Section 16-12-100; (7) Electronically furnishing obscene material to a minor as prohibited by Code Section 16-12-100.1; (8) Computer pornography and child exploitation as prohibited by Code Section 16-12-100.2; (9) (A) Any of the following offenses when such offense is committed against a law enforcement officer while such officer is engaged in the performance of his or her official duties: (i) Aggravated assault in violation of Code Section 16-5-21; (ii) Aggravated battery in violation of Code Section 16-5-24; or (iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code Section 16-10-24, if such violation results in serious physical harm or injury to such officer.(B) As used in this paragraph, the term “law enforcement officer” means:(i) A peace officer as such term is defined in paragraph (8) of Code Section 35-8-2; (ii) A law enforcement officer of the United States government; (iii) An individual employed as a campus police officer or school security officer;(iv) A conservation ranger; and (v) A jail officer employed at a county or municipal jail; or(10) Driving under the influence as prohibited by Code Section 40-6-391.O.C.G.A. § 42-8-60.
Attempted child molestation is not specifically set out, but the question would be whether it is included as a sexual offense in OCGA 17-10-6.2—that is from subsection (2) of section (j).
That code section states that:
term “sexual offense” means: (1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection © of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100.O.C.G.A. § 17-10-6.2.
Again, criminal attempt under OCGA 16-4-1 is not enumerated. Child molestation is included and is not generally eligible for first offender. So, my answer is that criminal attempt to commit child molestation may be considered by the judge for first offender act treatment.
It would be within the discretion of the judge as to whether or not to allow you first offender act treatment.
Sean A. Black Reply
Posted Sep 27, 2016 at 07:36:01
I am sorry to hear about the difficulties. The sentencing provisions are set out in OCGA 42-1-12(n). It states that violations shall be punished by imprisonment for not less than one nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for not less than five nor more than 30 years.
There is no built-in escalation for a third offense, and it’s not a second offense, so I would say the sentencing range is 1 to 30 years. However, the judge can and will consider his prior record in determining a sentence if he is convicted of the offense.
The question on this case would be whether there is credible evidence that he had, in fact, moved without giving notice. It seems like the case is based only on the statement of his father.
If he cannot afford an attorney, the court should provide him with representation.
SS Reply
Posted Oct 30, 2016 at 10:10:19
I am on probation in Mississippi for statutory rape, but the company my husband works for is closing the doors so we are considering moving to GA. Will I be under MS’s probation rules? I read where GA doesn’t allow an SO on probation to live with their own children and this isn’t something we could consider. I want to be sure what the rules are governing this before we move. Also, would I be able to obtain a travel pass from my po to travel back to MS to visit family?
Sean A. Black Reply
Posted Oct 30, 2016 at 14:40:58
When you transfer probation from one state to another, the receiving state can reject or approve your request to move and can notify the originating state of the terms of probation that will be enforced. My understanding is that Georgia is quite strict on probation conditions for sex offenses where they are transferred in. So, it is possible that you would run into the problem that you are describing. If you move here, Georgia will supervise you, and the Georgia PO will determine travel permit requests.
Adam Reply
Posted Nov 01, 2016 at 09:26:10
I was convicted of enticement of a child for indecent purposes in march, 2006. The offense was committed the previous summer while I was 18. I have fully completed that sentence and because of my age, was never required to register. However, I was convicted of an unrelated, non sexual offense in 2010 and have spent the last 6 years in prison. Now, the parole board has seen fit to make sex offense registry a condition of my parole, even though that was never part of my original court documents nor judge order. They have also stated that my home address is not parole eligible as my 16 year old sister lives there with my parents. Is there anything I can do to fight this? Any legislation that you could point me to? By the way, the reason I can post this comment is because I am currently in a transitional center and it is legal now for us to have cell phones.
Jane Reply
Posted Nov 27, 2016 at 01:56:37
Mr Black my son will soon be released from prison after serving his max time due to not having an approved residence. He is a level 1 offender and due to our home being located close to an amusement park he can’t stay here. I understand the laws for this but the park is only in operation April through October. I’ve talked with the local parole/ probation office and only get very rude comments pertaining to our home address. My husband and I are his only family and we can not pay for another place for him til he has a job and we are having a hard time due to finances . Is there anyway you would be able to tell us what the law is about the amusement park during their closed season? We have checked into halfway houses but very few take SO and the ones that do have years long waiting list . We live on the Ga.Tn. State line so we can only look locally or south. We both have jobs in Tn so couldn’t move far if we found something affordable. We currently are buying our home but the value is lower than what we owe and needs repairs before selling. We agreed to just walk away from our home and giving it to the bank and find something but everything is a couple hundred more than our house note and we are just making it as it is. We are willing to move if only had jobs. We are out of options and don’t know what to do so any advice would be accepted. Will he even be released after serving his entire sentence without an approved address or will he have to stay where he is incarcerated ? This mess all started in 11/2005 and he was 19 and she told him she was 18 but was only 14 yrs old. He admitted to kissing and touching her . All the test came back normal and clear but the judge in Catoosa County said it is all considered intercourse due to her age. i totally agree with laws regarding rape in a violent situation but she lied about her age and no intercourse which was agreed by judge and his atty and the DA. Saying all this what do we do now? He is about to lose his mind and having major ptsd . Please any advice is welcome
Sean A. Black Reply
Posted Nov 29, 2016 at 08:21:07
I am sorry that your son is having such difficulty. Level 1 is a low risk offender, but parole is very hard on compliance about residence location requirements.
I really can’t advise you about your legal and financial situation regarding your house and mortgage.
You might search for shelters that will accept sex offenders. If he cannot line up housing for release, he will likely be treated as homeless and will have to find somewhere to stay that complies with the Georgia law on that topic. He will have to check in regularly with the sheriff’s office for the county where he is staying.
There are shelters and transitional housing options that do accept sex offenders but I am not familiar with what the availability is in northwest Georgia.
I don’t have a way to evaluate his conviction based on the limited information provided.
Kurt Reply
Posted Dec 20, 2016 at 01:23:28
Thank you so much for the information and help you provide. In illinois in 1994 I committed unlawful restraint against a child. No sexual contact, no injury, no weapon. While out on bail pretrial I was arrested on federal charges for child pornography in 1996 and extradited to California with the other 15 defendants. Plea agreement in 1997, I received 30 months, most of which I served. Upon release I was remanded to Cook county where I pled out to the unlawful restraint and received time served and 3 years probation. I also had 3 years supervised release with the feds. I was free in 1998. My compliance was exemplary throughout probation/supervision, I was required to register in Illinois for 10 years, ending in 2008.
I want to move to Georgia. Am I required to register? If so, can I petition before moving so as to avoid registering?
And if I go to Georgia for two weeks to visit family, am I required to register then?
Again, thank you.
Sean A. Black Reply
Posted Dec 22, 2016 at 06:22:29
If you move to Georgia as your permanent residence, the relevant Code section will be OCGA 42-1-12(e)(6). It provides:
Is a nonresident who changes residence from another state or territory of the United States or any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory or who has been convicted in this state of a criminal offense against a victim who is a minor or any dangerous sexual offense.
You would not be required to register under the first clause of that subsection because, by your report, you are not currently required to register in your home state.
You would not be required to register under the second clause of that subsection because neither conviction was in Georgia. So it is not necessary to determine if either offense would fall under the two listed categories.
If you just come to Georgia for a visit, OCGA 42-1-12(e)(7) is the controlling subsection. It provides:
Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory.
For the minute, I will assume that you would qualify as a sexual offender under Georgia law. As such, if you stay in Georgia for more than fourteen days in one stay or more than 30 aggregate within a calendar year, you would have to register.
Whether you would be classified as a sexual offender is determined by whether the offenses would constitute a criminal offense against a victim who is a minor or a dangerous sexual offense. The first reported offense sounds as if it could qualify as a criminal offense against a victim who is a minor. The pornography charge does fall within the definition of dangerous sexual offense.
Kurt Reply
Posted Dec 23, 2016 at 04:21:10
Thank you very much for your prompt response. So it seems that I can move permanently to Georgia without having to register, but if I VISIT for more than two weeks at one time or more than 30 days in a calendar year, I WOULD be required to register.
My final question then would be, is it possible to petition for release from the requirement to register as a visitor before reaching that point of actually having to register? Or is it ONLY possible to petition once one is actually registered?
Sean A. Black Reply
Posted Dec 27, 2016 at 03:40:11
One can only petition for release from registration once one is registered. The removal process takes at least several months.
Sholanda Reply
Posted Jan 08, 2017 at 12:54:23
How long does a registered sex offender have to report that they are moving?
Sean A. Black Reply
Posted Jan 08, 2017 at 13:37:16
Any change of registration information must be reported within 72 hours of the information changing.
Jonathon Merritt Reply
Posted Jan 09, 2017 at 09:05:07
Attorney Black.
If a person that I know who is classified as a sexually violent predator moves to Georgia from South Carolina,, how often must he register? his offense was in 1995.
He rented a room from me for 7 years and I know him extremely well. If he moved to Georgia according to my information he could request an evaluation and get his threat level reduced. I am correct?
Sean A. Black Reply
Posted Jan 09, 2017 at 10:21:21
If the individual was required to register in SC and moved to Georgia, he would have been required to register within 72 hours of moving to Georgia, and to update once per year, but giving notice within 72 hours if any registration information changes. If he is classified by Georgia as a sexual predator, there would be additional requirements. The SORRB can review him and his cases and determine whether the classification is still accurate.
KayeCee Reply
Posted Jan 11, 2017 at 08:26:20
A friend of mine where label Lvl 1 risk sex offender Oregon State, he was sente ne 5yrs of Probation after 1year he was transfer to a low low risk case so was out to probation reporting 1’s every six months a year had past and his own PO emailed us to let us know that he no longer have to report to him as he already filed an early discharge to his case so he is no longer on probation Oct 2016. While in that one of his PO have informed us bfore that he dont have the sex offender package on his case so even on probation he does not have a strick restrictions like cannot be in where minors congregate, no school etc near residents. We came to Georgia and had to register and out of nowhere the officer immediately informed us that he cannot live restrictions, work restrictions, even without probation. And she didnt even find his name on sex offender website in Oregon so she doesnt really know the case. So it is shocking that we are givin more restrictions now that he is not in Probation than before when he was on probation. And she was saying that there is no way he will find a job and a place to live here because of all restrictions she told him and that she already informed all police etc that he is in town. At first she said they GA copy whatever other state on but i feel like moving to GA is more restrictions and worse than having a PO. So can you tell me more of what is up? Does GA just label everyone same way since they have to register and restrict everyone same way not going thru the individual casea at all?
Curtis Reply
Posted Jan 16, 2017 at 13:37:50
If i am convicted of criminal attempt to commit child molestation can i be forced to register as a sex offender and what are the odds of my classifiacation being lvl 1 i have never had any other issues with the law and am facing a 10 year sentance if i plead guilty which seems like the max for attempt to commit a felony
Curtis Reply
Posted Jan 18, 2017 at 06:40:49
Can criminal attemtpt to commit a felony child molestation be sentanced under 1st offender law amd the da said i would receive 10 years if i plead guilty isnt that the max punishment for this crime ? Also will i have to register as a sex offender no sex crime was actually committed
Sean A. Black Reply
Posted Jan 23, 2017 at 08:22:21
It is an interesting question, because it means taking the offense code out of the Chapter that deals with sexual offenses and moves it to a general offense. Child molestation is set out at OCGA 16-6-4. Attempt is set out at OCGA 16-1-4.
The problem for you is that while OCGA 16-1-4 is not listed as an offense for either crime for which the victim is a minor or dangerous sexual offense, they both include language which would likely include attempted child molestation. The simplest one is dangerous sexual offense which sets out: Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. O.C.G.A. § 42-1-12(a)(10(B)(xix). The victim who is a minor definition includes " Any conduct which, by its nature, is a sexual offense against a victim who is a minor."
So, if you are convicted of the attempt or plead to that offense, it will subject you to registration requirements. There are some offenses which will not trigger registration. You are correct that the maximum sentence for attempted child molestation would be ten years, because attempt carries up to one-half of the sentence for the underlying offense, and the maximum sentence for first offense child molestation is twenty years.
You really need to have counsel before entering a plea to an offense of this magnitude.
Sean A. Black Reply
Posted Jan 23, 2017 at 08:23:28
It could be a level 1, it will depend on the evaluation of your case and your compliance with your sentence and any required treatment and therapy.
Sean A. Black Reply
Posted Jan 23, 2017 at 08:27:12
If he was not required to register in Oregon, how did it come about that he was required to register in Georgia?
chris Reply
Posted Jan 28, 2017 at 19:49:33
I left my 10 year old daughter while i went out of state with my boyfriend..i bought groceries fpr them her school clothes christmas presents anf gave her a birthday party…dfacs found out that my boy friend is a registered sex offender..low risk. He is off parole April 1…..can they keep her from me if we live together.they put a safety plan in place.pop
Sean A. Black Reply
Posted Jan 30, 2017 at 04:25:04
You agreed to a safety plan. That is voluntary, not a court order. The only thing that keeps you from withdrawing your agreement is the threat that it will go to court and that, in the meantime, your daughter will be in a situation that you do not want them to be. So, the question is, how solid is that threat?
That is a very complicated and difficult thing to analyze by text communication. You need to sit down with a lawyer accustomed to going up against DFCS in custody cases and review all of the real facts about your case. You never state what county you live in.
The other issue is whether his parole officer knew he was living in a home with a child. Community Supervision often imposes tougher restrictions on its supervisees regarding contact with minors when they have a sex offense in their background.
Sean A. Black Reply
Posted Feb 12, 2017 at 13:24:10
My first advice is to consult with a lawyer in your home state to make sure that you cannot get a removal there first.
I am assuming that you have completed your sentence on the original charge.
If you have exhausted that alternative, then, yes, it is possible that you can seek removal in Georgia. There is no way to assure you that it will be successful, and you face the difficulty of establishing yourself here. Then, you can petition for removal. That triggers classification. If you come up level 1, then you can proceed. If you are level 2, it depends upon whether ten years has passed since the completion of your original sentence.
The failure to register charge can have an effect on your classification.
Sean A. Black Reply
Posted Feb 14, 2017 at 05:14:28
An adult probationer must request permission to move states. Such requests are evaluated at the local and state levels before being passed to the receiving state for consideration and approval. Such approval is subject to set rules about when a state can refuse and when they cannot. More specific information is available on the ICAOS website: http://www.interstatecompact.org.
Si Mod Reply
Posted Mar 02, 2017 at 16:37:10
Is possession of child porn a registerable offence?
Sean A. Black Reply
Posted Mar 02, 2017 at 16:40:09
Yes. It is listed as a dangerous sexual offense.
Amanda Harrah Reply
Posted Mar 13, 2017 at 20:09:46
Hey Mr. Black,
My boyfriend is convicted of aggravated child molestation. This conviction was in 1993 and he is currently serving out his probation sentence with 8 yrs left. My boyfriend was living with family members temporarily and we he got ready to move out, their daughter [his cousin] begged him not to leave. He moved out and it made his cousin angry. At this time, he was 13 yrs old and she was 11. it was about 4 years later and the county arrested him for child molestation. The girl was at school and something happened to where school officials were questioning her and at that time is when she accused my boyfriend of the sexual acts against her. There was no evidence against him and no investigation took place. In the court transcripts, it even states that she was under psychological evaluation. My boyfriend did not have any family support, he mom was working out of state but she was a bad alcoholic and wouldn’t have been any help to him. His father coaxed him in to signing a plea of guilty. He informed my boyfriend that if he didn’t take the plea, they would put the girl on the stand to testify and all it would take is her showing tears and he would spend the rest of his life in prison. My boyfriend was only seventeen at the time and took what his father said to heart and did what he told him to do, so he signed the plea bargain. Come to find out, his father was receiving financial help from his brother, the father of the girl, and he didn’t want to lose that money coming in, therefore, got his son to sign the plea because the family of the girl didn’t want her to get on the stand to be questioned and testify. The girl was represented by DFACs’ attorney and her parents had their family attorney. My boyfriend couldn’t afford an attorney, therefore, represented by the public defender, whom received his case information the night before court. My first question is what are the laws regarding being charged as an adult in this scenario? With my boyfriend being 13 when the alleged actions took place, he wasn’t arrested until he was 17 and then charged as an adult. We have read different legal papers and have come across the registering as a sex offender after 2003 or 2006, one or the other, and this all happened in 1993. Is the registering as a sex offender only applying to convictions after 2003 or 2006 or can it be retro active to cases from 1993. My boyfriend was not ordered by a judge to register as a sex offender but his probation officer had him do that and he has had to do that ever since. He has gotten a few violation of probation because of not having an address and not registering and served prison time for each violation. If i’m not mistaken, in 2009 he finally got a break and the levels of a sex offender came in to play and he was given status of a level 1. With that happening, he no longer had any restrictions that he had to abide by, only he had to keep registering as a sex offender. A few years ago, he got felony charge of purchasing a $10.00 bag of marijuana because it was purchased from an undercover officer. He served a couple years in prison for that and was released on parole. Now that he is on parole, he has the restrictions of sex offenders against him and has to get any address for residence approved to make sure its not within the 1000 feet of schools, churches, daycares, etc.. What are the laws on this type of situation? If he is a level 1 offender and the restrictions were lifted with his probation, why do they now apply just because he is on parole? He has 10 months left on his parole and we are facing difficulties because of these restrictions. He paroled out to another city and held a job until his supervisor found out he was a convicted sex offender then all of a sudden they let him go. He didn’t have any luck in finding new employment and was offered a job in our home town, which is where I have a house. We tried to get his parole transferred but it was denied because my cousin and his family along with his 2 grandkids lived in the house with me and he couldn’t live there because of that, just because he is on parole. If it was his probation, it wouldn’t have mattered. He lost his apartment in Macon and didn’t have any where else to go, so he moved in with me. Needless to say, he went on the run because he couldn’t get the address approved but had to move there anyway. He is currently incarcerated for parole violation, no new charges or anything and his parole officer wanted him to sign a waiver to go back to prison and possibly up for parole in 6 months, he only has 10 months left. He refused to sign the waiver right then, wanted to discuss it with his mom and I first. His parole officer told him he had to sign the waiver right then because she wasn’t coming back to the jail that she didn’t have time for all of that. Since he refused to sign the waiver, she told him he was lucky that Bibb county didn’t take out a warrant for him for failure to register as a sex offender and threatened to have the warrant issued if he didn’t sign the waiver. Needless to say, Friday March 3 a warrant was issued for failure to register as a sex offender , at this point he has already been locked up for over 30 days and now he has accumulated a new charge, in addition to parole violation. In the twenty plus years he has been on probation, he has never had a warrant by the county issued for failure to register to go along with probation violations. Is there any kind of law against this? You would think that the failure to register is under the umbrella of the parole violation. In your legal opinion, do you think it would be beneficial to find an attorney and check in to the original charge being dropped and try for his probation to be dropped?
Chris Reply
Posted Mar 17, 2017 at 03:12:10
My wife’s ex-husband is a sex offender and is currently serving time in another state. His release is in 2019. The crime in which he committed was against their children. (my step children now) Question is, Would the state of GA still allow him his rights to the kids ? Visitation? or anything in regards to being anywhere close to them in which he may be able to cause more harm? A letter has already been wrote to him asking for him to terminate his rights but he denied our request.
Sean A. Black Reply
Posted Mar 17, 2017 at 03:58:26
There is not a law which would automatically block his request for contact.
Depending on the facts, it is very unlikely that a judge would find that it was in the best interests of the children to have contact with someone who committed crimes against them serious enough to result in going to prison.
Now might be the right time to pursue termination based on his crimes against the children, whether he agrees or not.
Sean A. Black Reply
Posted Mar 17, 2017 at 06:42:14
There is a lot to unpack there.
The first major question I feel like I can address is why does he have restrictions on parole when he did not have those restrictions previously. The answer is that the Parole Board determines the conditions that a person must abide by in order to be released early from incarceration. They have the authority to make those restrictions a condition of parole for persons with a prior sex offense conviction and they have chosen to do so. I think the social science research demonstrates very little benefit to these onerous conditions, but sometimes government agencies are more concerned about the “optics” of things than the reality. In this case, they prefer to look strict on sex offenders.
It is not possible for me to agree that he had no choice but to go on the run or to move into a non-approved address or fail to notify the Sheriff of his new address. He may not have liked his alternatives, but his choices put him in a worse situation.
With the age of the original case, it may be difficult to challenge, but it is certainly worth sitting down with a lawyer who does criminal appeals and post-judgement work. I am confused as to how a juvenile offense triggered registration. That seems unusual.
Hillary Reply
Posted Mar 17, 2017 at 18:26:57
In 2008, my ex-husband (father of all three of my children) was convicted of 2 counts of child molestation in the first degree wherein my two daughters were the victims. He is eligible for parole as early as August 2019. I have written him a letter requesting that he voluntarily surrender any parental rights, to which he responded he would not. My new husband has been in my children’s lives since 2009. He is the only father they know and love. It is our wish for him to adopt my three children, and the children were happy to hear about this.
My question is what is involved with having the state terminate his parental rights? What would we be up against? What are our chances in Georgia to have his parental rights taken away? Another question that I have is how easy is it for parolees to enter the state of Georgia from another state once he is released?
Unfortunately, in my divorce decree it says nothing about his rights. It only states that I have sole custody of my children.
Sean A. Black Reply
Posted Mar 18, 2017 at 06:48:47
This seems like a follow up question.
If you have sole custody, then your ex-husband has no rights to have contact with the children. He would have the right to petition a court in the state that issued the order to establish visitation. That court may say yes, and it, more likely, will say no.
If you want to have your husband adopt the children and terminate your ex-husband’s rights, you need to make contact with and hire a lawyer in your area who handles adoptions; I do not. You are likely to be successful in that effort.
A person under parole or probation supervision may ask to move to another state if they have sufficient connections to the receiving state. If your children are the only relatives he has in Georgia, and they were his victims, that is not a connection that should justify a request to move.
Your best bet is to pursue the stepparent adoption.
Robert Reply
Posted Mar 19, 2017 at 16:34:40
Good evening,
I have a question regarding the regeistry. Are sex offenders required to register in the county they work in. What I’m read from 42-1-12. That info is supposed to be provided by the sheriff of the county you live in. Is that correct?
Sean A. Black Reply
Posted Mar 20, 2017 at 06:15:55
OCGA 42-1-12(f) only requires registration with the sheriffs of any counties where the registrant resides or sleeps.
Andrea Reply
Posted Mar 27, 2017 at 19:59:05
I was alerted by email that a SO moved into our subdivision. He was convicted 7/1/01 and released 5/23/01 for the charge of “Child molestation”. His registration on the website doesn’t state he is “Leveled” but as a mother of a sexually molested child, I am EXTREMELY concerned with the situation.
Our subdivision is directly across the street from an elementary school and we have several hundred children that are under 18 years old withing our small community. I also know the bus stops at the end of his street.
I can only assume if he has registered his new address in our neighborhood that he is LEGALLY within parameters of the law. But as an extremely concerned parent, is there nothing I can do or we as a community can do to have him removed from the subdivision??
His street is short….5 houses and he is in a cul de sac where children play daily??
Any advice??
Andrea Reply
Posted Mar 27, 2017 at 20:00:46
^^ I apologize…..his release date was 2011…..not 2001.
Sean A. Black Reply
Posted Mar 28, 2017 at 05:29:13
I know it is distressing that someone with a criminal history lives near you and your family, but that history does not mean that the person is a risk. Unfortunately, the Georgia statute for child molestation covers a large amount of territory in terms of conduct. So, with no additional information, it is hard to evaluate whether that person is even a risk.
Persons who are arrested and convicted of sex offenses are less likely to commit another sex offense than the general public. Most child sexual assaults are not by strangers but by family members or close family friends or “trusted” adults. Stranger sexual assaults are very uncommon.
The best information that we have is that only about one-one hundredth of one percent of all missing children were abducted by strangers. Those are very long odds. In your situation, you can tell your children to stay away from that person.
Georgia classifies sexual offenders as low or moderate risk or as sexual predators. Even if a situation where a person has not been leveled, the prison system is likely to have evaluated whether he or she is a predator.
Chances are that he is more scared of the children’s presence than anyone. They represent a risk that he would be accused of something and cause him to be re-arrested.
Nicholas Paige Reply
Posted Mar 29, 2017 at 10:27:10
Mr. Black. I live in NY state and am a registered level 3 sex offender. My wife and I are considering relocating to the state of Georgia. My conviction was in 1999 and I was released from prison in 2011. I completed my parole obligation in June of 2016. What are the residency restrictions and registration requirements?
Sean A. Black Reply
Posted Mar 29, 2017 at 10:54:58
You must register within 72 hours of moving to Georgia.
Since the offense dates are prior to 2003, the residency and employment restrictions should not apply.
After being registered, you may want to inquire about removal from registration; that does require a court action to be filed.
Sean A. Black Reply
Posted Mar 29, 2017 at 11:30:39
The state law requirements remain the same in terms of registration and timing. Some sheriffs attempt to impose additional restrictions or requirements, and some engage in more aggressive investigation and monitoring of people on the list.
Nicholas Paige Reply
Posted Mar 29, 2017 at 11:49:16
Thank you for your help sir.
Frances Reply
Posted Apr 07, 2017 at 20:03:50
Do all sex offenders have a curfew in Georgia? It was presented to me that a curfew is ALWAYS a requirement.
Sean A. Black Reply
Posted Apr 09, 2017 at 14:17:48
Upon sentencing, the court imposes conditions of probation. The judge is not required to impose a curfew, but some do. Parole may impose a curfew. A person convicted of a sexual offense who has completed his or her sentence is not subject to a curfew.
Marilyn Orange Reply
Posted Apr 11, 2017 at 16:24:24
HI Mr Black, can a sex offender who completed probation allowed to visit their Grandchildren? Also, if the SO is total and permanently disabled request to be taken off the Registry?
Sean A. Black Reply
Posted Apr 12, 2017 at 05:19:26
No. There are no restrictions on registrants having contact with minors beyond those that may be imposed by parole or probation conditions. There are restrictions, depending on offense dates, on residency and employment. There are also restrictions on loitering in certain areas and on taking photographs of minors without permission of the minor’s parent.
Paula Reply
Posted Apr 12, 2017 at 13:28:12
If a sex Offender registered in Ga wants to go on vacation (in-state) for one or two weeks, by law, does he have to notify the sex offender registry in the county he resides in that he will be leaving? I see this listed nowhere in 42-1-12.
Paula Reply
Posted Apr 12, 2017 at 13:33:29
Sorry, forgot to mention offense date is 2011 and on probation. I do know his probation officer would be notified but i’m wondering about the registry.
Sean A. Black Reply
Posted Apr 13, 2017 at 10:29:11
This is actually a pretty tough question. You are correct that there is no specific provision on this point in OCGA 42-1-12.
However, law enforcement may try to fill in some blanks which may present problems for registrants.
If a non-resident in northeast Georgia takes a one week vacation to the Georgia coast near Savannah, they do not consider that they have changed residences.
On the other hand, a registrant is obligated under OCGA 42-1-12(f)(3) to maintain the required registration information with the sheriff of each county where the registrant resides or sleeps. So, a registrant in the example above would have to register with the county where they were conducting their vacation on the coast.
With regard to the residence county, the registrant could run into trouble if they do not alert that county of their intended absence for more than 72 hours because the residence county might check to verify that the registrant was still at the registered address and not finding them there could conclude that the registrant had absconded and take a warrant for the arrest of the registrant.
So, while the statute does not actually lay out a requirement that the registrant notify of intended extended absences, it is certainly in the registrant’s interest to make that notification.
Sean A. Black Reply
Posted Apr 13, 2017 at 10:29:30
See above reply.
Sean A. Black Reply
Posted Apr 13, 2017 at 10:30:50
A Georgia sex offender registrant who is not on parole or probation is not restricted from having contact with his minor grandchildren so long as the contact does not involve some violation of the criminal law or a civil restraining order and is with the consent of the parent or guardian.
Earl Downard Reply
Posted May 02, 2017 at 13:43:08
Mr. Black,
After reading the following portion of the above article i do have a few questions i would like to ask.
“If the offense conduct occurred after June 30, 2006 and on or before June 30, 2008, the registrant has restrictions on place of residence and place of employment. The residence cannot be within 1000 feet of any child care facility, church, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium, school bus stop, or public or community swimming pool. The place of employment cannot be employed by any child care facility, school or church or by or at any business or entity located within 1000 feet of a child care facility, school, or church.”
The law states that a registered sex offender may not be employed at a child care facility, school, or church or at any place within a 1000 ft from those same places. While the residence restrictions seems to cover more ground such as places where minors gather (for the sake of this question let’s say a hotel pool) the employment restrictions name only those three types of places. Would it be safe to say that while one can not live within 1000 ft of a hotel pool it is within their legal right to work at a business that is within 1000 ft of said pool?
Sean A. Black Reply
Posted May 03, 2017 at 06:30:52
I cannot use the same language that you do that the registered sex offender would have a “right” to work at a particular location. I can say that it is my opinion that the law does not prohibit an unclassified or Level 1 or Level 2 offender from being employed at a business located within 1000 feet of a place where minors congregate, so long as that place is not a child care facility, school, or church.
That is based on reading OCGA 42-1-16© together. ©(1) is the section you quote from. ©(2) provides that a person who is required to register as a sexually dangerous predator cannot be employed by a business located within 1000 feet of a place where minors congregate.
For your convenience, those sections read:
© (1) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not be employed by any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed to the outer boundary of the child care facility, school, or church at their closest points.
(2) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register who is a sexually dangerous predator shall not be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed to the outer boundary of the area where minors congregate at their closest points.
O.C.G.A. § 42-1-16
To me, the wording clearly demonstrates the legislature’s intent not to restrict registrants who are not sexually dangerous predators from such employment locations.
Sean A. Black Reply
Posted May 04, 2017 at 03:46:52
I think your fear of being classified as a predator at this stage is pretty unlikely. If the state had a belief that you were a predator during supervision, they would have taken steps to have you classified at that time. If you were classified as moderate risk (Level 2), it would delay the date that your petition for removal could be considered until ten years after your sentence was completed. Your eligibility to petition for removal is based on the facts of your particular case.
Kinta Reply
Posted May 09, 2017 at 12:23:56
Do I have to obtain a lawyer to petition the sentencing court to order the Board to conduct a classification? I was never classified I was sentenced back in May 2003 for statutory rape. I never served jail time only 8 yrs of probation. I have completed my probation. I filed to be removed from the registry. They denied it and told me I needed to be classified. How do I go about doing that.
Sean A. Black Reply
Posted May 09, 2017 at 14:10:25
Under current law, the process for you to obtain classification is to file for removal. The court is then supposed to issue an order to the SORRB to conduct your classification within 90 days of receipt of the order. Then the classification comes back and action is taken depending on the classification. In your case, it looks as if the petition could be considered if you are classified as Level 1. If you are level 2, the case would be dismissed and you would not be able to file until ten years after your sentence ended, approximately 2021.
Jonathon Merritt Reply
Posted May 09, 2017 at 15:00:38
Good evening Attny Black
My wife and I are buying a home in Augusta Ga. We will be moving from SC where They have me classified as a tier 3. These tiers in SC are based on your offense and not on any evaluation. Can I ask for an evaluation or do I just petition for removal and automatically get the evaluation? My offense occurred in 1998. No physical harm,no restraint or any other disqualifying conditions. I phoned the Sex offender office in Richmond County and asked about petitioning and also if anyone had been removed from the registry and he replied that 3 this year had been removed.
Are you aware of what the cost is for getting an evaluation or getting an attorney to petition for removal? thank you for your time.
Sean A. Black Reply
Posted May 10, 2017 at 05:33:24
While it is not “automatic,” the process of obtaining a Georgia classification is accomplished by filing a petition for removal. Your attorney will then submit an order for the court to sign directing the Georgia agency SORRB to conduct a classification within 90 days.
An attorney’s charge for filing and handling the prosecution is based on their experience, the time involved, the location and the difficulty of the matter. It would be difficult for me to tell you an approximate cost without reviewing your documentation.
Ralph Reply
Posted May 22, 2017 at 11:03:57
Maybe you can help me with a question. My wife and I are moving our family to Georgia from California and I must register. In Indiana I was labeled a SVP due to the charge, but in California I wasn’t, and only see police once a year for my yearly renewal on the registry. My conviction date was March of 2000 and I have never been on probation. That being said, I’ve worked hard and achieved a degree and work in IT and don’t want any problems in Georgia. As mentioned before by yourself when appealing registration, 10 years must have passed since being out of prison. When we move there does my time start 10 years after having moved to Georgia or am I eligible if given level 1 or 2 status righy away if I’m leveled (I’ve been out over 10 years)? My five children live with us and I’d rather not have police knocking on the door monthly just to see if I still live in my home, it’s something my kids don’t like.
Thank you
Sean A. Black Reply
Posted May 22, 2017 at 12:06:45
When you register in Georgia, you will likely be un-leveled at the start. Registration will have some effect on where you live and work depending on your offense dates. You can trigger the leveling process by petitioning for removal. You will then be classified within 90 days. For Level I, you would be able to proceed immediately with the court appearance seeking removal. For Level 2, you would wait until 10 years from the completion of your original sentence. You state your conviction was in March of 2000, but you do not state the completion date of your sentence or the offense dates.
ken Reply
Posted May 26, 2017 at 21:33:57
my wife and I want to move to the vicinity of hartwell Georgia.
my question is. I took probation for sexual battery by custodian
victim 12 to 18 yoa. got 20 years probation did 10 y and 6mo.
petition for early release and received it. during probation took 9 polygraph
and pass them all. completed sex offender treatment. I don’t know what my
risk assessment is. what I need to know is what my restrictions would be in hart county Georgia. the date of my court 08/04/2005 . no longer on probation.
Jerry Reply
Posted May 31, 2017 at 10:12:19
My family owns a family campground in Georgia with lots of children as guests. We have recently learned that one of the permanent guests living in a trailer on the grounds is a registered sex offender. Apparently, the offense occurred in the 1990’s but was rather serious. I know that there are no restrictions on where this person can live because the offense is prior to 2003. But, is there any law that prevents the campground from stopping the monthly rental agreement and having him leave the campground for business reasons?
Patty Reply
Posted May 31, 2017 at 16:33:54
I have a question for you. First,my boyfriend is a felon and my brother is a felon,but neither is on probation or parole anymore. Can they both live in the same house? My boyfriend and I live together.
Sean A. Black Reply
Posted Jun 01, 2017 at 05:05:22
They can.
Roger Fenton Reply
Posted Jun 18, 2017 at 05:50:41
Mr. Black: I was convicted of a sex offense in April 2001 (Georgia) and have completed three years in prison followed by twelve years of probation. My question is about travel since I’m still on the sex offender list. Since I was convicted prior to the Supreme Court decision Carr v. United States, 560 U. S. ______ 2010, I do not come under SONA. I realize I would have to comply with each states sex offender laws as I travel through them, but do I have to go through local law enforcement to leave the state? How about after I get removed from Georgia’s sex offender list? Thank you for the community service you provide with this site.
Sean A. Black Reply
Posted Jun 18, 2017 at 09:00:53
I think that you are not correct in stating that you are not subject to SORNA. The Carr case dealt with travel predating the effective date of SORNA. It does not hold that persons convicted prior to SORNA are not subject to it. Other cases have held that SORNA does apply to persons convicted prior to the effective date.
There is not an explicit requirement in the Georgia statute to notify the registering agency of any travel. Some departments seem to find an implied requirement to notify of travel based on the requirement to notify within 72 hours of the place of residence. That issue has not been litigated, to my knowledge.
jeffdalton Reply
Posted Jun 20, 2017 at 12:54:45
i applied for removal of the sex registry,in 2014,i’m a level 1 low risk had 2 evaluation’s both low risk level 1,on probation for 14yrs,got off in 2013 from Douglas Co. GA.no problems whatsoever(State v Randall) just got noticed that the judge denied my petition for no just cause,i can’t re-apply for 2 yrs…what else can i do or is that it for 2 more yrs…
jeffdalton Reply
Posted Jun 21, 2017 at 22:41:37
i had a 20 due 6 sentence,6 in 14 on probation.got off probation Sept 2013,while on probation i had no problems,applied to come off registry 2014,(state v Randal) it took 3yrs.just found out judge denied my request for just cause(she had no reasonable answer)i know i cant reapply for 2 yrs…is there anything else i can do nowor is that it for 2 yrs.. ,i had 2 evaluation’s that classified me as a low risk level 1,that’s why i said she had used “just cause” as in just cause she said so…
jeffdalton Reply
Posted Jun 21, 2017 at 22:57:00
i forget to add,my lawyer said it wouldn’t do ant good to appeal it,even if it got overturned it would go back to heer and she would still denies it…
Sean A. Black Reply
Posted Jun 22, 2017 at 05:04:41
You can appeal the decision within 30 days. The likelihood of success depends upon the evidence presented and whether there is a transcript and the explanation by the judge of the decision. In the case of someone who has been classified as a low risk by the State, as you have, I think there is a significant burden on the judge to explain how he or she says that you are a substantial risk.
On appeal, the appellate court can reverse the decision and direct that you be removed. It could also deny the appeal. In between, it could remand the case back to the trial judge to require her to more fully explain the facts that she is relying on in making a decision that you are a substantial risk to commit a future dangerous sexual offense.
jerry Reply
Posted Jun 27, 2017 at 11:40:17
I was convicted of sex crimes against my sisters I was 19 they were 16 -15 -13-12 I got time serve and five years probation this happen in 1989 no more convictions after this I have been off probation for 23 years want to move to ga with my family could you tell me about what would happen if I move there my conviction was from ca.
Anthony Miles Reply
Posted Jul 01, 2017 at 06:35:09
My question for you Mr. Black is can I be released from the registry in Georgia as I was sentenced in Michigan and served 17 1/2 years with 2 on parole? I completed Group therapy successfully in prison and out of prison. I have letters of recommendation from over 20 Pastors to attest to my lifestyle, including the Warden of the facility I was housed in as to my life as a Christian. I have worked as a mentor for troubled youth and have no restrictions as my conviction was in 1992. Im a professional decorator and a Minister and this has hampered my lively hood to some degree. I can get recommendations from members of several churches as well to attest of my behavior since my release in 2009. I go to work, go to church and go home. It has also placed a serious burden on me concerning housing. At first the registration was 15 years in Michigan, it was then changed to 25 years and eventually to life. It started in 95 and I would have been off and even if it was 25 just another 2 years and I would be off of it.
My last question would be, is this a violation of Expo Facto law since it was made retroactive across the board for all offenders? I appreciate your feedback and God bless you!
Sean A. Black Reply
Posted Jul 03, 2017 at 06:04:43
Most challenges to the registration system on ex post facto grounds have failed because of a position that the registration system is not a criminal punishment.
If you become a resident of Georgia, you may petition for removal from the Georgia registry. You will have to register when you move.
Sean A. Black Reply
Posted Jul 03, 2017 at 06:25:55
It would depend upon your registration status in California which you do not describe.
M.Baird Reply
Posted Jul 07, 2017 at 15:14:24
I understand that a registered sex offender can not live near a community or public pool, but can he/she purchase a home that is within 1000 feet of another home that has a pool in the back yard?
jeffdalton Reply
Posted Jul 10, 2017 at 21:18:52
i want to visit/vacation in GA and HI, what are there requirements..
Gerald Reply
Posted Jul 10, 2017 at 22:53:25
Hello Mr. Black, I have a question you may be able to answer. My wife and I plan to move our children to Georgia and I learned about the ability to petition to get off the registry. This November will be ten years out of prison and crime free. I have never been under probation or parole and was convicted in the year 2000. One of my charges has the word “aggravated” in it. Does this disqualify me from petitioning to get off the registry? Since my release from prison in 2006 I have obtained both an Associates and Bachelor degree and have always been gainfully employed. Only recently having moved from California have I found that being on the registry makes finding work extremely hard, not to mention renting homes. I’ve had people say they weren’t going to hold a conviction against me since the crime happened 17 years ago, but the minute they find out I’m on the registry they decide to deny the home rental or rescind the job offer letter. I’ve also easily passed background checks, but then was denied due to being on the registry (I know this because I’ve received copies of the background check the company received, which doesn’t show any convictions, but does show I’m on the sex offender registry). As mentioned before, my children and stepchildren live with me, and I"m only trying to give them the best possible childhood I can considering the situation because being on the registry DOES punish family members as well. If I’d be eligible to petition, would showing paperwork (such as job denials) due to the mandatory registration help my cause, not to mention I have never been in trouble since release from prison? Last of all, do you think it would do any good to have my wife and children/stepchildren (who are all minors) write a letter to the court on my behalf, speaking about my behavior towards them? I cant tell you how many officers I’ve met during my years of registration who’ve told me I needed to work on getting off of it, and that I was a model ex felon when it came to my ability to stay employed and register when required.
Brooke Reply
Posted Jul 13, 2017 at 00:25:38
Mr.Black,
My boyfriend was released on parole 12/12/16. He has 3 years left on parole before moving to probation. His crime commit date was 2009 conviction was 2011. He was charged with child molestation (20 years) Statutory Rape (20 years) and enticing a minor (5 years). They have sent him a letter stating he is classified as level 1. He passed his polygraph and is currently attending his classes. He is meeting all rules and regulations put on him via his parole and registry. I have 2 children from a previous relationship and our question is how do we get it to A.) Where he is allowed to be around my children (I’m fully aware of all details of his charge and feel he is of no threat to my children) and B.) Will we (my children and I) be able to reside with my boyfriend at any point as we would like to take our relationship to the next level? I am finding conflicting answers on this matter every where I look so any input would be greatly appreciated.
Sean A. Black Reply
Posted Jul 13, 2017 at 04:57:14
The restrictions that are of concern to you are those from parole and, later, probation. Parole, in my experience, can be pretty strict. He already should have reported to his parole officer his relationship with you. The officer should then have reviewed the limits on contact that apply. Later on, probation conditions are a part of the sentence issued by the judge. If the judge feels comfortable enough about the situation, those conditions can be modified to allow more contact.
Sean A. Black Reply
Posted Jul 13, 2017 at 06:48:16
A personal pool in someone’s back yard typically does not qualify as a community or public pool.
Sean A. Black Reply
Posted Jul 13, 2017 at 06:51:07
Any requirement to register would be based on the length of time that you will be in Georgia within a period of one year. If you stay for more than 14 days, you are required to register. If your total days within a year would be more than 30 days, then you are required to register.
My understanding of the law is that a week in the mountains would not require registration in Georgia.
The relevant subsection follows:
(e)(7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory
O.C.G.A. § 42-1-12
jeffdalton Reply
Posted Jul 13, 2017 at 17:40:22
i want to vacation in Savannah Ga, for 5 days,will i have to registered after 3 days
Sean A. Black Reply
Posted Jul 17, 2017 at 06:36:02
My guess is that your question stems from the 72 hour requirement for a sexual offender to register with the sheriff of a county where the person begins residing. That requirement is found at OCGA 42-1-12(f)(2). There is an additional requirement under (f)(3) to maintain registration with the sheriff of each county where the person resides or sleeps.
However, those stipulations under OCGA 42-1-12 (f) only apply to “any sexual offender required to register under this Code Section.”
The person required to register are set out in OCGA 42-1-12(e). For a nonresident visiting the State of Georgia on vacation, the relevant subsection is OCGA 42-1-12(e)(7):
“Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory.”
It would seem that a nonresident vacationing in Georgia for 14 or fewer consecutive days and/or less than 31 days during a year period would not be a sexual offender required to register under the Code section.
Sean A. Black Reply
Posted Jul 17, 2017 at 06:38:01
The mere fact that “aggravated” is part of the crime description does not automatically disqualify you. The question would be what alleged conduct triggers that description.
You may submit a contact form and describe the actual charge and where you are currently registered along with a description of the conduct alleged against you.
Sean A. Black Reply
Posted Jul 17, 2017 at 07:00:39
Sorry for my delay. I missed your post.
Your restrictions are the same throughout Georgia. They are based on your status as a sex offender and your offense date.
Your classification, if it has been made, would show on your GBI sex offender search result page.
If you are level I or unclassified, you may be eligible to petition for removal.
If you are level II, you have to wait until 10 years after your completion of probation.
Sean A. Black Reply
Posted Jul 17, 2017 at 07:01:23
You would need to consult with a business / landlord-tenant lawyer.
Sean A. Black Reply
Posted Jul 17, 2017 at 07:02:40
Georgia law only allows a very short time from classification to request a re-evaluation or to petition for judicial review. That time period is 30 days.
Sean A. Black Reply
Posted Jul 17, 2017 at 07:03:29
You can appeal that decision within 30 days of the filing of the decision.
Kesha Reply
Posted Aug 01, 2017 at 20:45:04
My dad got convicted of child molestion on 7-13-1997. He served his whole 20 yrs in prison and just got out on 7-31-2017. I took him to register and they told him he had no restrictions he just has to register every year. I’m wondering does he have to register for 10 yrs before he can petition to get his name removed. We are in the state of Georgia and if he can petition since he served his sentence does he need to pay for a lawyer to do so?
Sean A. Black Reply
Posted Aug 02, 2017 at 03:49:14
His classification will determine when he can petition. If he is Level 2, he will have to wait 10 years. If he is Level 1, he can petition immediately, although time sometimes helps.
If he has not been classified, he can petition immediately, but a classification will be ordered and will determine whether he can proceed.
Demarko Handsford Reply
Posted Aug 03, 2017 at 03:33:39
What is the correct process to petition to get off the sexoffender registry in Georgia, do you need a lawyer to file the petition? I got convicted in Syracuse, Ny in 2004 and only had to register for 10yrs. I moved back home to Georgia and had to register for life.
Sean A. Black Reply
Posted Aug 03, 2017 at 05:06:13
It is important if one has DUI convictions or sex offense conditions to look into collateral consequences before moving states.
Georgia does have a process for you to seek removal from the sex offense registry. There is no statutory requirement that it be filed by an attorney, but I think most people will be very well served by having a lawyer to handle this process and to advocate on their behalf.
Pam Reply
Posted Aug 03, 2017 at 20:01:54
When I took my Dad to register on Monday July 31 2017 the day he got out after he served 20 yrs in prison. He had a form that the prison gave him already filled out. They gave us a number to call to set my dad up a appointment. The lady gave us another form that was the same form he had and told him he needed to fill this one out and they wouldn’t take the one that he brought from the prison. I filled the form out for him and it got to the part where he had to initial. One section he told me he didn’t have to initial because his counselor at the prison told him that part didn’t apply to him. I was not with him today when he had to go register, his sister took him but the Officer told him that he needed to initial everything or the GBI would say that the form would be incomplete. It just doesn’t sound right to me why would he have to initial something that doesn’t apply to him. He has no restrictions! All he had to do is register each year 3 days before his birthday. It’s really worrying him and me.
Sean A. Black Reply
Posted Aug 04, 2017 at 04:22:20
The form lacks the power to impose restrictions upon your father that are not applicable to him by statute. It is unfortunate that the local administrators are not always fully trained on that issue. In addition to annual registration, he does have to update any changed information within 72 hours.
Robert Reply
Posted Aug 11, 2017 at 00:38:28
I had a codefendant who was charged with Trafficking Person for sexual labor or servitude, he rented a hotel room in my name while I was working out of state, a warrant was taken out for me too and I was arrested, he was taken to trial and it was a mistrial, the DA still held him, and retried him 2 months later, he took a plea of 20y serve 8, I was severed and continued to fight to prove my innocence. My P.I. proved I was never at the hotel, I was in fact working at the time, she interviewed the codefendant and he testified I had nothing to do with his situation nor did I know the person he was with, My P.I. and attorney had a private meeting with the DA to show proof of this and the DA was supposed to dismiss the case, however, the DA decided it was not in “public interest” to let me go and would rather spend the money for a trial and if the people let me go, great, but if the outcome was negative, she would ask the judge for life + 80y with no parole for the first 10y of confinement. So I was forced into a plea of 15y probation with time served for the 18 months I was in jail fighting the case and required to register. I obviously could not say I was being forced but in reality I was, I was also under medication but was under such duress and pressure, I didn’t remember, My attorney also told me not say what I was planning to say about the malicious and selective prosecution because I’d be undermining the plea. I was forced and never afforded any other remedy for relief. I am not from this country, I have my business and family here and am trying to make it but this plea has made life impossible, and I don’t think the judge was made aware the exculpatory evidence in my favor.
Questions:
1. Can I file a motion to withdraw the plea and go to trial?
2. If I withdraw the plea, can I be subject to re-arrest?
3. Can I file a motion for a modification?
4. Can I pay the fines for my probation and go back home to my country if I have lost everything and am homeless?
Sean A. Black Reply
Posted Aug 11, 2017 at 05:07:41
The challenge for your type of inquiry is whether you would truly make a decision if you were faced anew with the same difficult bargain. Take a plea to probation or face the possibility of life (or virtually so) in prison.
People also seem to believe that if the judge had just known about the evidence that the case would have gone away. That is a misunderstanding of how the American justice system works. For a case that is going to go to a jury, the judge does not get to veto prosecutions in most cases. Confronted with the evidence in your case, the judge might have questioned the prosecutor’s decision to take the case to trial but the judge could not just dismiss the case.
I don’t have enough information to answer your question about moving to withdraw the plea. If you were permitted to pursue this type of relief and were successful, you would go back to your status prior to the plea.
In Georgia, the judge does have authority to modify the length or conditions of probation.
If your probation is terminated, it is possible you would face deportation, voluntary or involuntary.
Sean A. Black Reply
Posted Aug 14, 2017 at 08:03:28
I am sorry that you felt compelled to enter this plea. It is a difficult thing to face the threat of so much time if you go to trial and are convicted.
It is possible to challenge the plea and sentence with some time limitations on when the motion must be brought. If you are successful in overturning the plea and sentence, then you return to the status that existed prior to the plea.
A modification of sentence can be sought.
Payment of fines does not necessarily cause probation to terminate.
troy Reply
Posted Aug 17, 2017 at 17:37:45
I pleaded guilty to one count of child porn in MO in 2008 . I did 10 months on a 1 yr and 1 day sentence and life time supervision. The case was fed and state and was served concurrently. I was released from the DOJ in Jan. 2010 and moved to TX. In 2016 I was released from supervision by the federal judge. I currently live in TX where I have to register for life due to TX laws. My family is thinking about moving to the Atlanta area in the near future. Can I get off the registry when I get classified if we move to GA.
Sean A. Black Reply
Posted Aug 18, 2017 at 05:19:20
I have had one client successfully removed from the Georgia registry for a federal child pornography conviction for which the sentence had been completed. Every case is different though.
Jeff Reply
Posted Sep 05, 2017 at 19:09:17
Mr. Black,
I have a special situation for you to assist us with. The offender was charged in Alabama, and plead guilty to, an ethical sexual misconduct charge with a minor (18 y/o) which is a Class B Felony and sex crime. The sentence was a 20 year sentence, split to serve 3 years in jail followed by 5 years of probation. The three years have now been served and the probation has begun. On the original felony sentencing papers the only special conditions of probation indicated were to comply with SORNA registration and to have no contact with the victim(s). Well, he had his probation transferred to Georgia successfully and now the assigned Probation Officer has met with him and added a curfew and a sex offender treatment program. Is this beyond the scope of the Probation Officer’s scope of authority? Everywhere we read it states that a court must impose and assign conditions of probation and the P.O. is there to enforce those guidelines, etc. How can things like a treatment program be implemented with no due process as this was not a part of the original sentencing order (from the AL court)? Would this not violate his original plea bargain as the option to attend sex offender treatment was not checked and not recommended by the Alabama courts or District Attorney? The Probation Officer seems to be overlooking or overstepping the court mandated sentencing. Thanks for your help. If you need a bit more information please let me know.
Sean A. Black Reply
Posted Sep 06, 2017 at 07:28:50
The situation that you describe is likely occurring because of Georgia’s interpretation and implementation of the Interstate Compact on Adult Offender Supervision. You should probably take a look at their website. (www.interstatecompact.org). I will make reference to some of the rules under that compact.
The particular case that you describe involves the transfer of an active sex offender supervision. (Rule 3.101-3). However, any non-resident offender transferring into Georgia who has any sex offense in his or her criminal history may face the same issues.
Chapter 4 of the ICAOS rules deals with the manner and degree of supervision. For our purposes, I am going to talk about Georgia as the receiving state.
Georgia must supervised transferees consistent with supervision of similar offenders sentenced in the receiving state. ( Rule 4.101). ICAOS Advisiory Opinion 5-2006 states that a receiving state is not permitted to impose the establishment of sex offender risk level or community notification on transferees unless it imposes the same requirements on its own offenders.
Georgia, as a receiving sentence, may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state. (Rule 4.103(a). This can be done at the time of transfer or during the term of supervision. It is likely this Rule that Georgia is relying upon in imposing these additional onerous conditions. Their argument is that with a sex offense, a Georgia court likely would have required these conditions. However, their argument may be incorrect. The issue has not been litigated in Georgia that I can find, but I found a Massachusetts decision (Goe v. Commissioner of Probation, 473 Mass. 815 (Mass. Mar. 14, 2016) that held that this only applies if it is a requirement that a judge in a receiving state court would have been required to impose not just something that the person would have had discretion to impose. In Georgia, all sex offender conditions are discretionary, not mandatory.
As well, I am not sure how Georgia is justifying the imposition of sex offender conditions on transferees for non-sex offense supervision cases where the history includes a sex offense. It has been reported to me that that occurs.
While you are ascribing this decision to the individual probation officer, it is likely that the decision was made at a higher level.
Georgia is required to notify Alabama of these added conditions. (Rule 4.103 (b)).
It is worth noting that the sending state (Alabama) becomes obligated to give the same force and effect to these receiving state imposed conditions as its own conditions. (Rule 4.103-1).
The issue then becomes how to address these conditions as being beyond the authority of the Department of Community Supervision. It would require the filing of a declaratory judgment action in Georgia against the Department of Community Supervision.
Overall, my best advice is for a person to consult with a Georgia lawyer knowledgeable about these issues before making the decision to seek a transfer of probation or parole to Georgia.
Omar Reply
Posted Sep 28, 2017 at 15:18:22
Mr Black I was convicted overseas in military court martial for sexual offense. I have been off parole since 2011 and I receive SSDI and 100% individual unemployability from Veteran Affairs. My question is how do I go about using the disabled person to request to get off registry?
Omar Reply
Posted Sep 28, 2017 at 15:32:06
Also, forgot to add that my conviction was in 2008 court martial overseas. I was released out of military brig I’m 2010 and off parole in 2011
Sean A. Black Reply
Posted Sep 29, 2017 at 05:47:19
It is a matter of filing a petition for removal in your county of residence and proving your disability to the court. your disability determination should help with that.
RM Reply
Posted Oct 04, 2017 at 16:36:54
Regarding this post:
Anthony Miles
Reply
Posted Jul 01, 2017 at 06:35:09
My question for you Mr. Black is can I be released from the registry in Georgia as I was sentenced in Michigan and served 17 1/2 years with 2 on parole? I completed Group therapy successfully in prison and out of prison. I have letters of recommendation from over 20 Pastors to attest to my lifestyle, including the Warden of the facility I was housed in as to my life as a Christian. I have worked as a mentor for troubled youth and have no restrictions as my conviction was in 1992. Im a professional decorator and a Minister and this has hampered my lively hood to some degree. I can get recommendations from members of several churches as well to attest of my behavior since my release in 2009. I go to work, go to church and go home. It has also placed a serious burden on me concerning housing. At first the registration was 15 years in Michigan, it was then changed to 25 years and eventually to life. It started in 95 and I would have been off and even if it was 25 just another 2 years and I would be off of it.
My last question would be, is this a violation of Expo Facto law since it was made retroactive across the board for all offenders? I appreciate your feedback and God bless you!
Sean A. Black
Posted Jul 03, 2017 at 06:04:43
Most challenges to the registration system on ex post facto grounds have failed because of a position that the registration system is not a criminal punishment.
If you become a resident of Georgia, you may petition for removal from the Georgia registry. You will have to register when you move.
——————————————————I am in the same sort of situation. I was convicted in 2000 in NJ, 3 yr sentence, maxed out to be on CSL in NJ (can petition to be removed after 15 years since getting out of prison). In 2013, I requested to move to Georgia and was allowed to move.
I am now in the process of petitioning the courts here where I live in Ga to be removed from the registry (OCGA 42-1-19).
Question 1, if I am successful, that will only pertain to Georgia? You stated above that “You will have to register when you move.”
Question 2, will I still be on an international sex offense registry?
Thanks, RM
Sean A. Black Reply
Posted Oct 09, 2017 at 06:33:28
If you reside in Georgia, you can petition for removal unless you are classified as a dangerous sexual predator in Georgia.
This has been found not to be a violation of ex post facto provisions, but a U.S. Supreme Court decision from this term suggests that the justices might be willing to examine this issue given the extent of the disabilities imposed by some states. So, for now, my answer is no, but it may be an open question.
It will pertain to Georgia. Any requirement to register in a state other than Georgia would be determined by that other state’s laws.
I am unable to answer your question regarding the international sex offense registry. My opinion is that this might not be so much a “registry” as a heightened alert by other countries that criminal histories will be checked. With this conviction, any travel plans to other countries would need to be done with advance visa approvals, because, otherwise, you could be stranded in an airport, refused permission to enter the country of your destination.
Umar Reply
Posted Oct 09, 2017 at 11:29:43
I have a relative who reside in Georgia that was convicted of a Sex Offense (NOTE: The offense did not involve a child) in 1986. He informed me that he had 2 Mistrials, however the co conspirator pled guilty which resulted in my relative taking a plea deal.
The plea deal resulted in my relative serving 2 years in State Prison. He was released in 1988 after serving the full term. He was release without having to serve either Probation or Parole.
My question Sir; is he mandated by State Statue to register after 35 years. Since his release from Prison he has never been arrested. We have concerns relative to a situation in his town, where he has served as both a Youth Coach and Official, and now after an annual background check, his past was bought to his attention by the City Recreation Administrator. Oddly enough this is the same person that he has submitted background checks to over the last 5 years and nothing ever showed up.
So my questions to you Mr. Black are;
1. Is he obligated to register after 35 years, and if so, why hasn’t he been notified to do so?
2. Why has it took this long for the Township to find out about his past after he has served in the Town as both Coach and Official?
3. If after checking with the County’s Attorney and he is not allowed to Coach or Officiate, what are the Town’s obligation as far as notifying other citizens in the community about his past?
4. If they are not allowed to notify any schools or parents and do so, what recourse does my relative have?
Thank you in advance for your Legal advice.
That resulted in him doing 2 years in which he completed and was released in 1988 with no probation or parole.
Sean A. Black Reply
Posted Oct 09, 2017 at 11:51:14
In response to a comment on a web page, I cannot really give you advice that can be relied upon. I do not know enough about the case.
Insofar as you are asking whether a 1988 conviction triggers registration requirement, the answer is no, not generally. See Question 3 on the GBI’s Sex Offender Registry page. (https://gbi.georgia.gov/sex-offender-registry-frequently-asked-questions).
In general, the offense has to be on or after July 1, 1996, to trigger registration. There are some events that can occur that would change that, depending on moves in or out of the State or susequent offenses or convictions.
The county can still choose not to allow him to serve as a volunteer or employee in situations involving minors.
Taylor Bennett Reply
Posted Oct 20, 2017 at 13:23:07
Mr. Black,
Our client is in GA in the construction industry. He has recently discovered that one of his employees is a registered SO, and each of his job sites are located within 1000 feet of a school. The statute says that “Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.” This suggests to us that our client is not legally exposed as a result of his continued employment of this SO, but we’d like to ask an authority about that.
He has also considered simply firing this individual, but we’re worried this may expose him to anti-discrimination legislation instead. My understanding is that certain Megan’s Law provisions prohibit basing hiring decisions on registration status, but I’m not sure. Would you be able to provide any guidance there?
Sean A. Black Reply
Posted Oct 20, 2017 at 14:04:13
I do not do any work on the employer side of these issues, so I will defer to corporate counsel on those issues, other than that I think that you are correct about the employer not being subject to a cause of action under the registration laws. Obviously, knowing his background, if there were behaviors that also came up which suggested a particular danger, then that would be a different story. In reality, the recidivism rate of convicted sex offenders is very low. Some offenses that require registration do not suggest any likelihood of the person targeting children. The responsibility for complying with registration requirements and work location requirements (when applicable) is on the registrant.
LiAnna Whitfield Reply
Posted Nov 04, 2017 at 13:02:41
Hi Mr. Black,
I have a friend who is incarcerated. He has to register as a sex offender because of the false imprisonment charge of a minor in his armed robbery case. When I contacted his attorney, I felt like she does not have a full understanding of this law. She didn’t disclose to her client (my friend) that he would have to register as a sex offender and clearly explain the law and the charges to him. One of his co-defendant petitioned the court and was removed from the registry while he was incarcerated.
I feel like his attorney didn’t represent him appropriately in the matter of disclosing the sex offender registry when he plead guilty to his sentence. Is there anything we can do to make this right?
Thank You.
Josh Reply
Posted Nov 04, 2017 at 19:13:59
I am a sex offender and was convicted in 2009. I was released last year after serving 8 yrs. I am now married and trying to live as normally as possible.. but the review board has decided to label me as a SDP. My wife and I are just starting our lives and I was only 19 when convicted of these offenses. We want to have kids but don’t know if I can even live with them. This monitor and status has already cost me a job that I applied for.. any advice on what I can do …
Sean A. Black Reply
Posted Nov 05, 2017 at 09:56:38
You may want to consider having an independent psychosexual evaluation conducted by a reputable provider. You need strong evidence that you are not a predator or a pedophile to have any chance of convincing the board that you have been rated too harshly. Even then, there are very limited approaches to force the board to re-evaluate their decision.
Roy Reply
Posted Nov 16, 2017 at 17:37:37
I was convicted of one count of possession of child pornography in a federal court prior to 2003 . . I am a registered sex offender and am having trouble finding an apartment to live , even though I have no residency restrictions. Do you have any suggestions that might help ?
Sean A. Black Reply
Posted Nov 17, 2017 at 05:47:35
I am afraid not. Private landlords can choose whom they rent to unless they run afoul of federal anti-discrimination laws.
Sean A. Black Reply
Posted Nov 21, 2017 at 05:00:56
What kind of notifications are you asking about?
Sean A. Black Reply
Posted Nov 21, 2017 at 07:46:22
The government does not do that. Occasionally, you see some civic-minded person take it upon themselves to do that, often with very little investigation or care about what type of offense places the person on the registry.
Benjamin Reply
Posted Dec 11, 2017 at 11:07:06
Mr black i understand that sex offenders are not allowed unsupervised contact with. children but what supervised contact as long as the mother consents for I am soon to be married and my fiance has a 1yr old son would my probation be violated if both were to move in my house
Sean A. Black Reply
Posted Dec 12, 2017 at 10:17:57
Let’s break this down a little bit.
Sex offenders serving parole or probation have conditions that may (and probably do) restrict contact with minors. In some cases, those restrictions are absolute, and in other cases, those restrictions may be less restrictive, requiring supervision, etc.
Georgia registered sex offenders who are not serving a sentence do not have restrictions on contacts with anyone. Depending on their date of offense, they have residence and employment restrictions. They have prohibitions on loitering in areas where minors are likely to congregate. They have restrictions on unconsented photography of minors.
The end of your question indicates that you are still on probation. If you have sex offender conditions, you likely have a restriction on beginning or continuing a relationship with someone who has minor children without permission from your probation officer. You need to hold off on any action until you determine exactly what your probation conditions are.
Nicole Reply
Posted Dec 27, 2017 at 22:54:45
My friend is looking into moving to Georgia from the state of Illinois he has to register for being a VIOLENT OFFENDER AGAINST A YOUTH…so he doesn’t have to register as a sex offender because his crime ATTEMPTED. FIRST DEGREE MURDER ON A CHILD …so since the crime he committed had nothing to do with harming a child sexually…no type of sexual misconduct they have him registering for ten years the violent offender against a youth …my question for you is will he have to register as a sex offender in the state of Georgia since the laws are different in Illinois?….in my opinion no one should have to register as a sex offender if the crime didn’t have anything to do with any type of sexual misconduct….please help me so i can try to help him…#2 how can i find out what states that he can move to that he can register for the said crime he committed?…. Thank you
Sean A. Black Reply
Posted Dec 28, 2017 at 06:27:58
This is a situation I have not seen before. I was unaware of the Illinois violent offense against youth registry.
Let us take your friend’s situation though. He is on the violent offender registry but is not on the Illinois sexual offender registry. The crime he was accused of did not involve any sexual conduct.
The class of people required to register on the Georgia sexual offender registry is set out in the statute OCGA 42-1-12(e). Particularly, I think we are going to look at (e)(6) for your friend’s case. It states:
“Registration pursuant to this Code section shall be required by any individual who . . . [I]s a nonresident who changes residence from another state or territory of the United States or any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory or who has been convicted in this state of a criminal offense against a victim who is a minor or any dangerous sexual offense.”
So, his requirement to register is wholly determined by whether he is required to register as a sexual offender elsewhere prior to moving to Georgia. The information you provide is that he is not on the sexual offender registry in Illinois. It does not appear to me that he would be required to register in Georgia based on that information. Other information might change that opinion, but the fact that he is not on the Illinois sexual offender registry is very important.
Shalita Reply
Posted Dec 29, 2017 at 14:36:11
My husband is a registered sex offender. He did 5 yrs in prison and was released in 2012. He was ordered to register every year at least 3 days before his birthday. He was 3 days late to register this year. He’s never been late before or has never committed another crime since being out of prison. When he went to register yesterday they arrested him and transported him to jail. I would really like to know what to expect as far as bond or punishment.
Shalita Reply
Posted Dec 29, 2017 at 14:40:51
My husband is a registered sex offender in ga. He served his time for the crime and was released in 2012. He hasn’t reoffended. He was 3 days late registering. He’s never been late before. I just want to know what to expect as far as a bond or any other info you can provide.
Sean A. Black Reply
Posted Dec 31, 2017 at 07:24:45
It would turn on part on his explanation or excuse for being late. The system seems to demand a certain amount of punishment for not complying with registration requirements even when the violation is minimal. The fact that he came in to the Sheriff’s Office should count for something. But, the exact punishment depends on the law enforcement and prosecutor involved.
Sean A. Black Reply
Posted Jan 23, 2018 at 11:37:50
It is incredibly important for registered sex offenders to meet the requirements of the registration statute to the letter. Any variance can result in arrest.
Sean A. Black Reply
Posted Jan 23, 2018 at 11:40:35
Georgia does not have a public registry for non-sexual offenses against minors. It is impossible for me to address someone’s particular case without full information, but you may be correct that it is not a registerable offense.
Motto Reply
Posted Jan 31, 2018 at 19:42:57
I began talking to this guy who is currently incarcerated aggravated assault, child molestation, and enticing child Indec purpl convicted date 2011. He stated that after 1/3 of his time he will be up for parole. Is this possible? I just want to make sure I understand he is not allowed to reside 1000 ft of schools play grounds ect? Since I have little kids he wouldn’t be able to stay with me is this correct? Or how would I handle that? Could we get married?
Jennifer Rahn Reply
Posted Feb 01, 2018 at 15:43:07
If my boyfriend was convicted before 2003 and he is registered here in Texas where we live but we are moving to ga what is the process?
Sean A. Black Reply
Posted Feb 07, 2018 at 07:13:43
He will need to register in Georgia very soon (less than 72 hours) after moving here from Texas. You need to make sure that the Texas registration is updated to reflect the move out of state.
Restrictions on employment and residence are dependent on dates of offense. I believe that you are indicating that the offense date(s) were prior to June 4, 2003. If so, there should be no restrictions on employment or residence location.
Upon registering in Georgia, it may be worthwhile for you to consult about seeking removal from the registry, if the facts of his case allow him to qualify.
Sean A. Black Reply
Posted Feb 07, 2018 at 07:27:17
It is possible that he will be considered for parole in that approximate range of time. That does not mean that he will be granted parole. If he is granted parole, he will have to have housing that conforms with the restrictions on proximity to churches, day cares, places where minors congregate, community swimming pools, etc. He will not be released if he does not have approved housing. My experience is that the Georgia Parole Board will not approve him to be in a home with minors.
Upon parole or entry upon probation, it could be a violation of his conditions to be in an unapproved relationship with someone who has children or to marry someone who has children.
On your side of the equation, continuing this relationship could have negative effects on your custody situation or bring you into contact with DFCS over concerns of possibly allowing access to your children by someone with convictions for both violent offenses and sexual offenses against children.
Jonathon Merritt Reply
Posted Mar 05, 2018 at 18:23:39
Dear Mr Black
If someone in SC who is classified as a sexually violent predator and has been free since 2004 and moves to Georgia, will he be classified as not leveled same as I ?
His conviction was May of 1995. in SC.
Would he have restrictions on where he could reside and how many times a year would he have to register?
Thank you for your time.
Sean A. Black Reply
Posted Mar 06, 2018 at 06:43:25
Georgia may not always classify a person the same as South Carolina, but when someone is classified as a dangerous predator, there is a significant chance that Georgia will agree with that classification.
I have not had this issue arise with a move into the state of a sexually dangerous predator. I am not sure the
Georgia requires lifetime electronic monitoring of sexually dangerous predators and enhanced reporting requirements.
Chris Johnson Reply
Posted Mar 08, 2018 at 16:24:49
My son had sex with a girl who was 14 and he was 19—nearly 20. Her parents found them and prosecuted. He pled guilty to misdemeanor sexual misconduct with 12 mon suspended sentence and 2 years unsupervised probation. He has to register. Question—we are moving to Georgia. How will this affect his probation and registration? And God help him, will he ever be eligible to get off registry? He is 22 now . Such a long time forever to register for such a thoughtless thing. Please tell us what rules he will need to follow in Georgia and who we need to contact. This is all new to us, but we must move for work. Which also brings up question of where we can buy house and he can work. Please help.
Randy Reply
Posted Mar 12, 2018 at 01:56:56
I was wanting to know ,if I don’t have to register as a sex offender, but was convicted of a peeping tom. Do I have to go by sex offenders conditions of a registered sex offender?
I live in GA and I have no 1000 yard restrictions l don’t have to register either..But I can’t for some reason be around my damn own sisters and brothers kids..
My crime was not against kids at all..But I don’t have 1000 yard crap..So I can hang out at Chucky cheese..lol but can’t see kids..I don’t understand this..the courts never said this but my parole officer has decided to put this on me..
What’s the difference from me and a registered offender?
I can’t see what’s going on..Please help me to understand..
One last thing she also says I can’t have any internet access too.
I don’t know what to do .
Sean A. Black Reply
Posted Mar 12, 2018 at 05:11:18
The Parole Board has significant discretion to set the conditions for being released from prison on parole. My observation is that for any offender with current or past history of an offense that could be a sexual offense or related to a sexual offense, they impose sexual offender conditions on the release. Your officer has some discretion in how to interpret those conditions, but the decision to implement them in your case was likely made above your officer’s level.
Sean A. Black Reply
Posted Mar 21, 2018 at 10:29:25
If he is required to register in his current state of residence, then he will have to register in Georgia upon moving here. He will likely be eligible to petition for removal. A consultation would be necessary to assess that.
Before moving, you should investigate the possibility of removal in the home state firsts.
GDene Reply
Posted Apr 10, 2018 at 05:14:45
Indicted 2 counts of rape
37 Pandering in sexually oriented matter involving a minor
2 counts of kidnapping
Gross sexual imposition
Tampering with evidence
Plead to Sept 2005 Ohio 1 count rape
8 pandering
Sentence 9 years total: Sept 21 2014 released from prison.
PRC 5 years. Sept, 2019 Will be released from PRC
Designated Child predator Yes
Justification Age of victim
Other justification No
Subsequent or prior criminal history No
Other:
Use of weapon: No
No relevant similar transaction: ?
No intentional physical harm No
Victim transported No
Victim restrained No
Treatment program Yes
Psychosexual eval Yes
PRC violations No
Incarceration tickets No
Questions:
1) Would the
Age of the victim
That he plead to multiple sex crimes
That he was designated a child predator in Ohio by the court
preclude or complicate his being a level one in Georgia.
2) Would the Georgia SORRB assessment be impacted by his level 1 in Washington, his level in Ohio, or would his prior level in another state be irrelevant.
3) Based on what we have told you, how confident would you be that he would be assessed at level one in Georgia.
Sean A. Black Reply
Posted Apr 10, 2018 at 07:54:52
I could not tell you what level Georgia would assess him at. The child predator designation is certainly concerning and suggests someone who would not be easily viewed as a low risk.
JoeM Reply
Posted Apr 10, 2018 at 11:10:59
Hello, Mr. Black. I commend you on the breadth of your knowledge regarding these matters. Suffice to say that some of your competitors are not quite as well informed.
I was convicted in June of 2000 of lewd and lascivious conduct with a 15 year old female who was not a stranger, but not a family member, and possession of 5 deleted “photos” involving "lewd display of genital’ on my computer. These were random photos from the internet out of “several hundred” legal ones found by FDLE. The actual date of my offense was fall of 1998. I was sentenced to 8 years straight probation with no prison time or house arrest time and no electronic monitoring. I finished my therapy in a little over 4 years, but the doctors and DOC had imposed a further requirement of 12 monthly “aftercare” sessions, which actually took around 17 months to complete because the doctor was bad about cancelling sessions. He wasn’t being paid for these, so I can understand that. I was early terminated in June of 2006 and have no probation violations or subsequent run-ins with the law and have been totally compliant with the Florida registration requirement.
Would they count all of the offenses as separate for purposes of determining additional offenses, or would they use he “cluster offense” theory and call it one conviction?
In 2000, Florida only had the offender and predator classifications but as a result of the AWA/SORNA laws, there are now 3 tiers and no adult whose victim was under 18 can be classified as a Tier 1. I would likely qualify as a Level 1 under the current Static 99 test.
Would I be eligible to apply to be removed from the Georgia registry? Would I have to move to Georgia or would work contact be sufficient to start things rolling?
Are their specific counties where you feel that a registrant has a better chance of being removed?
Thanks.
Sean A. Black Reply
Posted Apr 10, 2018 at 11:37:04
If the offenses were prosecuted as one case, I believe that it would be treated as a single case for removal purposes.
Your description does make it sound as if it would be likely that you would be classified as Level 1 (low risk). There is no guarantee as to a particular classification. However, even if you were classified as Level 2 (moderate risk), you would still be eligible for removal because it has been ten plus years since your sentence completion date.
You would need to be a resident of Georgia, work contact would not be sufficient.
I have had removals in a number of jurisdictions. Overall, suburban or urban jurisdictions can be better than rural areas.
The issue of location turns more on the registry enforcement in the particular jurisdictions. For instance, Fulton and Chatham Counties (Savannah and Atlanta) have reputations for being difficult on some issues. I have also known someone to have trouble with Pickens County (in the mountains) where they did quarterly residence checks, and raise a stink if they did not find the person at home when they happened to stop by.
Sean A. Black Reply
Posted Apr 10, 2018 at 11:44:49
The judge’s designation would not control the Georgia determination. I am always willing to consult with people and assess whether the case is pursuable.
bill davis Reply
Posted Apr 15, 2018 at 08:53:26
do you think that Georgia might change their registration laws in light of the influx from other States of sex offenders wanting to get off registration? Or would the alternative be more likely, that other states would also adapt evidence based systems for registration.
Sean A. Black Reply
Posted Apr 15, 2018 at 12:32:15
Anything can happen when the legislature is in Atlanta. Thankfully, they are out of session until next January.
Honestly, I am hopeful that there remains a commitment to making honest evidence-based assessments of risk in these cases so that the registry will represent a true listing of people who pose a risk to the public. Leaving the registry crowded with people who do not pose any significant risk gives more “cover” to the truly dangerous.
gene reardon Reply
Posted Apr 16, 2018 at 17:07:26
Prior sex offences is very confusing on the Static 99R: If a person is arrested and indicted for multiple sex related crimes all occurring at the same time, and or convicted of multiple sex crimes as part of the same arrest and sentencing, is that scored as a “3” under prior sex offenses, or does prior mean a separate offense that occurred prior to being arrested for the index offense?
Sean A. Black Reply
Posted Apr 17, 2018 at 05:03:49
This is a question which might be better posed to a psychologist familiar with the Static-99R. Based on the coding instructions I have reviewed, it works like this:
“Charges that are not proceeded with or which do not result in a conviction are counted for this item. Convictions are counted as both a charge and a conviction. If the record you are reviewing only shows convictions, this item may be scored on the basis of the convictions only.”
“Whichever column, charges or convictions, gives the offender the higher final score is the column that determines the final score.”
However, it may be quite a bit more complicated than even that when probation violations, disciplinary rule violations, etc., are added to the mix.
gene reardon Reply
Posted Apr 17, 2018 at 12:37:19
I think I understand it now. There is the index offense, the most current offense.
In order to have a prior offense count for Static99R purposes, there must be a previous offense for which the purpose was indicted, convicted, or charged. If the offender then goes out a re-offends, creating a new index crime, the priors are counted. It is an issue of recidivism with the caveat, that the offender must have been caught so to speak, and then re-offended. As it says in the manual, “in order for there to be a prior offense, the offender must re-offend after detection for the prior offense”.
Tucson Reply
Posted May 02, 2018 at 00:40:59
I like your blog
Sean A. Black Reply
Posted May 02, 2018 at 06:40:16
Thanks for your suport.
Domonic Reply
Posted May 21, 2018 at 11:08:13
Mr. Black thanks for your blog it has been helpful. I am a teir 3 sex offender here in Baltimore md thinking of moving my wife and son to Georgia for a better life. My charge happened in 2008 and I did three months in jail with five years probation and one year counseling. Both completed with no problems at all. I have been trying to find out what my risk level would be in Georgia and been having a hard time finding out. Again I am a teir 3 sex offender and it says was forced but didn’t. I haven’t re offended at all.
Sean A. Black Reply
Posted May 22, 2018 at 07:58:46
Leveling in Georgia is not based on the crime of offense. It is based on a determination of risk level made by a state agency. This determination is based on information available about your conviction and the progress of your sentence and any other criminal history or violations of disciplinary rules, parole or probation.
The element of force can have an effect on your level. It is not possible to tell you in advance what Georgia will set your level at.
Guy Reply
Posted May 24, 2018 at 22:13:38
I was arrested in 1994 an charged with child molestation an aggravated child molestation I was about 2 months into my 17th birthday when this happened..I served 10.. anyway I’m 41 years old this year an I’m a level none sexual predator…but I’m on parole/probation for drugs so I fall under the guidelines for sex offender…last year I seen for the first time my arrest warrant an some other papers an it says I tied her up..I meet all requirements to petition the court except for this.. will hinder me from successfully coming off the sex offender registry…also I have CDL an my PO says I can’t travel outside the state but I thought I fell under the guidelines where I don’t have work restrictions..true or false please help me to understand..an what might can I do about my situation of travel for work an coming off the registry…..thank you in advance for any kind of words and advise you can give me..
Sean A. Black Reply
Posted May 25, 2018 at 05:35:43
So, a couple of different issues here.
You are right that the description of physical restraint will bar you from removal. Only if you fell under the category of fully disabled would those provisions not apply.
First, you are on parole. The Parole Board can set any reasonable restrictions on your travel and employment. So, we are not dealing with restrictions on account of being on the registry; we are dealing with restrictions on account of you’re being on parole.
Warren Keperling Reply
Posted Jul 23, 2018 at 10:11:46
I live in New Jersey my offence occurred 2002 I am a level two I want to move to Georgia to be near my daughter. I am what they call community supervision an can be released from Megan’s law. What would I have to go through once moving there. I pled guilty to Corrupting the morals of a minor.
Sean A. Black Reply
Posted Jul 24, 2018 at 10:36:01
I am not familiar enough with New Jersey’s system to know what your status is. When you say community supervision, does that mean that you are still serving your sentence, probation or parole?
When you say that you can be released from Megan’s Law, does that mean that there is a path in New Jersey where you could be removed from the registry?
Was your offense/conviction in New Jersey or elsewhere?
What was your sentence? Was this a misdemeanor or a felony?
Did you have any violations while incarcerated or while under supervision?
If you are registered in New Jersey and move to Georgia, you will likely have to register in Georgia. You may then be eligible to petition for removal. Georgia will reclassify you. Georgia’s classification will determine your time frame to petition for removal. I think those issues are covered pretty well on my website.
Roxs Di Reply
Posted Aug 06, 2018 at 11:26:00
My brother was just sentenced to 3 years community Control and 5 years probation. for possession of child video/images via bit-torrent. He is an Autistic adult and he is currently getting therapy for his condition. We currently live in Florida but we want to move to Georgia. So my questions are:
1) Would he be eligible for Interstate Compact?
2) How long will he have to wait to petition the court to reduce his probation?
3) How long after his probation is complete, can he petition the court to end his SO registration? What is the criteria?
Sean A. Black Reply
Posted Aug 08, 2018 at 08:24:58
It sounds like his sentence was in Florida. Any modification of his sentence would have to take place in the sentencing court. Georgia would have no authority to modify a Florida sentence.
Approval of transfer under the Interstate Compact is subject to approval by Georgia. Connections to Georgia would be very important as sexual offense cases are scrutinized very closely. In addition, Georgia would have the authority in approving the transfer to impose additional conditions of supervision on the probation sentence. This is likely to include very restrictive sexual offender conditions. I would be very leery of transferring a sexual offense parole or probation case to Georgia.
Kcor Reply
Posted Aug 17, 2018 at 15:39:39
Can someone on the GA registry go on vacation within the state and stay at a motel for two night?
Sean A. Black Reply
Posted Aug 20, 2018 at 05:56:58
The sex offender registry is predominantly a statement of what is not allowed versus a statement of what is allowed.
Generally, if somethng is not prohibited, then it is allowed.
Changes of residence or other registration information are what generally trigger registrants to notify the registering agency. My understanding is that staying in a motel for a period of time is not a change of residence. However, some law enforcement agencies may attempt to broaden the interpretation of the statute to make things more difficult for registrants. This particular issue has not been interpreted by the appellate courts. Although I do not believe that a vacation inside the state should trigger a registration/notification requirement, some agencies may tell you different. Unless you wish to be the test case, you should conform to the requirements set by your registering agency.
Adira Reply
Posted Aug 30, 2018 at 05:27:58
Dear Mr. Black:
Thank you for your kindness in providing this informative blog to the public.
My husband was released from a long-term period of incarceration last year. The offense conduct occurred prior to June 4, 2003. He is neither on parole nor probation, and does not have any employment or residency restrictions.
After my husband’s initial registration with the Sheriff’s Office last year, he received a letter instructing him to report back to the Sheriffs Office to acknowledge being ordered to comply with an upcoming Halloween curfew. The letter essentially instructed that he be at home between specified hours and that he keep all exterior lights around the house off during curfew hours.
When my husband reported to the sheriff’s office, he informed the deputy that he wasn’t on parole or probation, did not have residency or employment restrictions, and that the conduct offense occurred prior to June 4, 2003, He was then told by the deputy that the curfew letters: “Go out to every sex offender” and that regardless of his status, he is still required to comply with the curfew.
He asked the deputy the governing statute or document which mandates his compliance with the curfew and we were both told by the deputy that she wasn’t able to locate the information at the time, but agreed that she would mail it to my husband as we requested. Unfortunately, nothing was ever received by mail, or otherwise. To be on the safe side, my husband chose to comply with the curfew mandate.
My husband recently completed the annual re-registration requirement and upon inquiring again about what governs his compliance with the Halloween curfew, he was instructed by a different deputy that he is required to comply with the curfew.
Mr. Black, my questions are:
1. Is there a law, governing body, or document, mandating that those not on parole or probation, and free of any residency or employment restrictions, comply with this curfew?
2. Since Halloween is just around the corner, how would you advise he proceed?
My husband is employed and must work various shifts. Other than the obvious concerns, our concern is that my husband could potentially be scheduled to work/working during the hours of the curfew.
I want to thank you for your time and charity in addressing my questions. Thank you for offering this valuable public service.
Sincerely,
Adira
Sean A. Black Reply
Posted Aug 30, 2018 at 05:45:25
Let me start by saying that regardless of the legality of the “order,” there may be advantages to honoring some of the requests.
A person on the registry faces the increased possibility of arrest and/or prosecution in any situation where it might appear that the person is encouraging children to come to the person’s residence, no matter how innocent the reality.
There is no statute or authority for the “order.” If a person is on probation or parole, then a supervising officer has some authority to impose these conditions as part of their general supervision. Your husband is not under supervision.
Additionally, perceived flouting of the “order” can draw unwanted negative attention from the Sheriff’s Office. They can then flyspeck every item of information required as part of registration looking for perceived violations of the registration requirements. Any violation can result in a felony charge of failure to register no matter how slight.
In principle, you are right. In practice, it can be a dangerous path to walk.
Adira Reply
Posted Aug 30, 2018 at 08:42:33
Thank you! Your advice is helpful.
Anynomous Reply
Posted Oct 18, 2018 at 18:12:33
Dear Mr. Black,
I may have recently got myself into something bad, so on October 2 this girl had posted her sextape of her and her ex boyfriend on her Instagram page, she posted it on her own, nobody forced her or anything and one of my friends seen it and sent it to me and I sent it to one of my other friends, I honestly didn’t know we can get into trouble over that if it was already posted on social media. Then 3 days ago on oct 14, someone made a Instagram page and posted her sextape on it, And she says she’s pressing charges against me, my friends and some other people who have the video because the video got to her family and she’s basically trying to put the blame on someone else instead of herself for posting the video on social media in the first place, because she wants her family to believe someone hacked her phone and posted her sextape, but I have proof that she posted it herself, and she didn’t have her ex’s consent to post the video, and her ex is 17 and she’s 18 so didn’t she technically post child pornography? but I don’t know for sure if she’s pressing charges or not but she said she was but I just want to be prepared .. plus she’s also harassing me and my friends, asking people where we live so she can assault us, and she also assaulted one of my friends which led to her having to go to the hospital … what should I do because I’m worried and don’t want to get into serious trouble. (P.s I have proof of her posting the video herself & why she posted it, I have proof of her harassing us)
Sean A. Black Reply
Posted Oct 19, 2018 at 05:52:24
Reposting is possession and transmission. The fact that someone else, even a participant, posted it first does not give anyone authority to possess, transmit or distribute it further.
The question in your case for the question of whether this is sexual exploitation of children focuses on the nature of the material and the participants. That turns on whether it is sexually explicit, sounds like it was, and showed a minor. A minor is someone under the age of eighteen. It sounds like the “ex” is 17. For you, it would depend on whether you had knew or had reasonable cause to believe that the 17-year-old was under 18.
Certainly, the law applies equally to the girl you describe. If she knew or had reason to know that her partner was under 18, then she may have engaged in sexual exploitation, even though it was not a crime for her to have sex with a 17-year-old. The age of consent in Georgia is sixteen.
Beyond that, there is the question of the “revenge porn” law. It is set out at OCGA 16-11-90. Let us say that the video did not involve a minor. It could still be a crime if the re-posting without consent was for harassment or caused financial loss to the person depicted.
That said, it does not justify violence or threats of violence against you. But you have put yourself in a difficult position.
All in all, reposting this type of material is a bad idea.
Anonymous Reply
Posted Oct 19, 2018 at 06:15:58
But neither me or my friends re-posted the video anywhere or made that page, and we didn’t know he was 17 until the girl who posted her sextape told my friend
Sean A. Black Reply
Posted Oct 19, 2018 at 06:41:41
So on the sexual exploitation front, not knowing the person was 17 or having no reasonable cause to believe that the person was under 18 can be a defense.
On the “revenge porn” front, that factor does not really matter.
Transmitting or distributing the video is the issue for you. The fact that someone else then made a page with the video is a different issue for someone else.
Anonymous Reply
Posted Oct 27, 2018 at 14:26:39
Hi Mr. Black
I am reaching out to you because I was at home today, 4 days before Halloween, when the sheriffs dept. showed up and put a sign in my yard saying warning do not come to this house. Yes I am a sex offender, a level 1, the lowest it goes. I feel strongly that this is wrong and that they are not allowed to do this. They said it is their property and I’m not allowed to touch it, so they just show up put their property onto my property and say it there until we remove it, 4 days after Halloween! They did hand me a sheet of paper that gave a Ga code section 42-1-12 (i) this code does not in any way say that they can do this. It says that they can inform the community by providing the information in one of several government buildings or online. I have lived in several counties in ga and they have also given me the same rules, there is a curfew and you can not have your exterior lights on at all. I believe very strongly that what they are doing is wrong and that they are going to continue doing this until someone speaks up. I have just moved to this community 5 months ago and all that sign does is tell my neighbors that I’m dangerous and this could not be farther from the truth. I am not a predator, which my level 1 reflects. I was a teenager dating a teenager. Is there anything I can do about this??
Maggie Reply
Posted Oct 28, 2018 at 06:38:21
A person is currently serving a 30 months sentence at a naval brig for child pronography. He has dual citizenship, can he move away from the USA without any repercussion after he has served the sentence? The crime was committed in Japan, he lived in CA when he was sentenced, he was moved from the brig in San Diego to Charleston SC. I live in GA.
Sean A. Black Reply
Posted Oct 29, 2018 at 07:24:21
Once a sentence is complete, there would be no direct restriction on the person traveling internationally. However, there would still be a responsibility for registration prior to release. The registration status would also be communicated to any countries that the person traveled through or to.
David Reply
Posted Oct 29, 2018 at 12:09:15
I am a registered sex offender in NC. I am the primary caretaker for my 90 year old mother. She owns a condo in Brunswick, GA and has not been there in several years. She no longer drives. Hurricane Irma did some damage and the repair is about complete. She would like to visit to put things back in order. For her to go I would need to take her. What are the rules for out of state sex offenders visiting GA? Thanks.
Sean A. Black Reply
Posted Oct 30, 2018 at 06:18:41
The answer to your question is found in OCGA 42-1-12(e)(7). That subsection provides that a person is required to register who “Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory.”
So, you will have to register if your stay will be over 14 continuous days or the total time in Georgia will exceed 30 days in a calendar year.
Sean A. Black Reply
Posted Oct 31, 2018 at 05:28:57
In general, an out-of-state registrant coming to Georgia temporarily is not subject to registration unless (1) they are going to be in the state more than 14 continuous days or (2) they are going to be in the state more than 30 days in a calendar year.
Sean A. Black Reply
Posted Oct 31, 2018 at 05:33:42
There is no statutory authorization for this conduct by the Sheriff.
Generally, use of the right-of-way is limited to utility and road easements. It does not give all government actors unlimited authority to do as they like with your property that is within the right-of-way.
However, I can foresee practical problems with taking down the sign or removing the sign. The officers could attempt to charge you with theft or interference with government property. I do not see that as proper on their part, but it is a possibility.
In addition, disputing this action by the Sheriff can put you under a microscope regarding your registration details and life. Retaliation for lack of cooperation is a real concern.
You should consider determining if you may be eligible to seek removal from the registry.
Anthony Reply
Posted Nov 17, 2018 at 09:16:27
My wife and I are considering moving to GA due to the tier system currently used in the state for SO. I was charged with three counts of sex abuse in AL – all class A misdemeanors. I put my faith and money in the hands of the wrong lawyer. I was also up against a DA who was in a re-election year. Long story short, I was given three options: 1) plead guilty on all three as felonies and get a one split 10 sentence in prison with 9 years of probation upon release; 2) plead guilty to all three as misdemeanors and get a three year sentence in the local jail with no probation; 3) take it to trial. My family and I discussed our options. I did NOT do what I was accused of and it was a she said, he said case with no other evidence. However, the DA assured me if we went to trial he would prove it was a felony, make sure it was in all the local press and that I would get the maximum of ten years in prison if found guilty. My pitiful attorney recommended the prison sentence and did not even attempt to negotiate with the DA. Being ignorant of the legal system, we chose to have me plead guilty to the misdemeanors so I could serve my time locally and not have probation to deal with upon release. I did not realize until I was serving my time that I was basically screwed over by my lawyer and the DA. Even the local sheriff had never seen a sentence like mine for what I was charged. I know I will have to register upon moving to GA, but I also know GA does not require registration for misdemeanor offenses. How soon after moving can I petition for removal from the registration and ask to be classified according to the GA tier system? Thank you for any assistance you can give.
Sean A. Black Reply
Posted Nov 19, 2018 at 04:53:29
You present an interesting issue. There is a case from a few years ago where an Alabama felony which was the equivalent of a Georgia misdemeanor did not require registration. Yours is an Alabama misdemeanor. It would require some in-depth research and presentation, but it is possible that the GBI would agree that you are not subject to registration in Georgia. Alternatively, removal could be sought.
Ken Kroboth Reply
Posted Nov 23, 2018 at 18:24:05
I’m a level 2 in ny state and my wife is from rural so.GA, I’d like to move to GA. How difficult is this? My charges were in sept.2003. I served 4 yrs of 5 yrs got out in 2008 ,did 5 yrs parole. Coming up on 15 yrs. Original law in NY was 20 yrs required registration in NY, but they changed law ,shortly after I was incarcerated. I am wanting to get work and home in GA. And retire there. Someone said I still have to register for life in NY, but not in GA.? Any advice on this?
Lamar Reply
Posted Nov 25, 2018 at 22:46:11
Question I’m a registered SO here in Fla and I was convicted 6/10/98 of lewd and lascivious acts on a minor I was 20 victim was 14.. I was sentenced to 5 mnths county jail probation while I was incarcerated and also withheld adjudication and no restrictions.. and my question is I’m planning on moving to GA and I wanted to know if and how can I get off the registry I have been humiliated for over 20 yrs and not to mention I never had sex with the victim and I was cohersed into writing a statement saying that I touched the victim that’s when the detective locked me up after writing the statement that’s when my life changed forever.. and if I move to GA is it possible for me to apply to get off the registry I’m not on probation and again I have no restrictions
Chris Reply
Posted Nov 26, 2018 at 01:03:57
Hey sean, im a level 1 offender for computer pornography internet sting. I just got off oribation after 7 years clean conduct, leveled 1 bu soorb. If my motion is successful in state court to get off registry….making me not a registered offender, if i mive to another state would i have to register, also another ?. I was prosecuted state and fed, im a tier 1 offender under adam walsh act, im uncertain how to go about obeying the sct, im coming up on the 10 year period the act requures me to register, is there a petition to file in fed court, the act does not mention a petition, its just kinda like, here are the time limits to register
Sean A. Black Reply
Posted Nov 26, 2018 at 05:34:34
Your first question is whether a Georgia resident who is not required to register on the Georgia registry will have to register in another state if they move to or visit the other state. The answer is that it depends on the law of that particular state. Many states use the fact of registration or non-registration in the origin state to determine whether the person will have to register in the receiving period. But, I cannot tell you that every state uses the same system. You will probably want to look at the registration laws of any other state you intend to visit or move to.
Your second question is more complicated and suggests a potential problem with your effort to come off the registry. You seem to indicate that you had both a state and federal conviction for related offenses. One of the excluding factors for removal is related similar conduct. As well, both the state and federal convictions can serve as the basis for your having to register. You need to explore this issue with the lawyer who handles your removal request.
Federal law seems to mandate registration for a period of time, but the federal government does not maintain its own registry except for people residing in federal territory. Instead, my understanding is that a person residing in a state or territory of the United States is required to comply with the registration requirements of that state or territory.
Sean A. Black Reply
Posted Nov 26, 2018 at 05:38:13
You very likely will be eligible for removal based on the facts that you describe.
Sean A. Black Reply
Posted Nov 26, 2018 at 05:40:33
My first advice for someone in your position is to first explore all of your options in the state that you are in. New York does have a removal process and a process to request a modification of classification. You should work through those issues first.
Georgia is a lifetime registration state, but it does have a process to seek removal. Your eligibility depends on many factors about the original charge and your subsequent life.
Mark Mead Reply
Posted Nov 29, 2018 at 12:47:43
Hello Mr. Black,
I am a registered sex offender in the state of Florida. My offence, “possession of material depicting sexual by child,” occurred in 2009. I served two years in the Florida state prison system, 2010 – 2012. Upon my release I completed state ordered counselling and served my probation with only one incident that was dropped. My question: I would like to retire to Wayne County, Georgia and would like to know if residency restrictions, 1000 feet rule, would apply. I plan to begin looking for property to build a house soon. Any information you can provide would be helpful. In the mean time I will continue to research the Georgia laws as they pertain to my situation. Thank you.
Bret Reply
Posted Dec 13, 2018 at 18:08:59
I was convicted of a tier 0 sex offense in las vegas nv for gross lewdness back in 2005. Its was only a gross misdemeanor which required I serve up to 1 year in jail and have register my address. Recently laws have passed which but ped all tier 0’s up to a tier 1 nation wide.
I am thinking about moving to Atlanta Ga for work but would like to know what the restrictions would be.
I contacted Florida in regards to moving there for work and was informed that their policy is regardless of my crime in nv and regardless of whether or not that crime would have made me have to register in fl, that if I’m required to register in any other state, that would carry over so I would be required to register in FL as well. And in fl any one who needs to register is on it for life AND flyers get sent out and I’d be on the searchable website!!
Here in Nevada I am not searchable at all nor do I have any other restrictions except registering my adress and needing to renew my liscence annually.
It is not fair that a gross misdemeanor in nv would require me to be on a searchable website in other states and and have to register for life.. are you familiar Georgas policy regarding this?
Sean A. Black Reply
Posted Dec 18, 2018 at 12:51:46
With a charge of rape by force, it is probable that you would not qualify for removal. For removal, the case must meet the following requirements:
(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;
(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;
© The court has not found evidence of a relevant similar transaction;
(D) The victim did not suffer any intentional physical harm during the commission of the offense;
(E) The offense did not involve the transportation of the victim; and
(F) The victim was not physically restrained during the commission of the offense.
Rape by force may impact upon (B), (D), (E), or (F).
You would also have to be classified as low of moderate risk.
Sean A. Black Reply
Posted Dec 19, 2018 at 06:53:16
These interstate issues can be very challenging.
Georgia does not have a tier 0. The offense you describe would be a misdemeanor in Georgia. Misdemeanors in Georgia do not trigger registration. Case law in Georgia says that out-of-state offenses which Georgia would classify as a misdemeanor do not require registration, even when the originating state requires registration.
That said, many local authorities would probably initially tell you that you would have to register. You would have to request that they get direction from the GBI on this issue or seek a ruling from the GBI ahead of any relocation. The prior case that raised the issue did so by a petition for declaratory judgment. That might be necessary to assure that you did not run afoul of the law.
Sean A. Black Reply
Posted Dec 19, 2018 at 06:56:04
You could not reside within 1000 feet of a child care faciliity, school, area where minors congregate, or church.
Thomas brannen Reply
Posted Dec 20, 2018 at 15:16:29
My question is this. My father in law is a registered sex offender in Georgia. My home is with in 1000 feet of a school. From closest point of my property to closet point of school property is 600 feet. Is he allowed to visit my home? Help me work in my shop here at my home? Visit for a holiday in my home? Never over night as he only lives 12 miles away. No children in my home. His accused crime was solicitation of nude photos from a crack and meth head that he was the substance abuse councilor for seven years earlier. The accused crime happened seven years before it was taken to the police. No physical evidence. No prier crimes or accusations. All that asside I just do not want him in trouble. I’d hate for him not to be able to visit but I believe him to be innocent and would not want to cause more issues.
Sean A. Black Reply
Posted Dec 21, 2018 at 06:30:37
He cannot live or be employed at your property.
He can visit your home.
He should explore removal.
Chris Reply
Posted Dec 26, 2018 at 14:27:07
hey sorry i didnt clarify on my previous post, it was an internet sting and i was prosecuted both state and federally. for whatever reason the gbi does not list my federal offense of travel with intent to engage in illicit sexual conduct, and georgia is not a protect act state, so they dont have to. the state offense was computer pornography. it is all the same case. My attorney on the case believes the similar conduct part of getting off the registry will not affect me since its the same case. i was double prosecuted, 1st fed then state for the internet sting. i believe i can get off the state registry since i been leveled 1. why do you think georgia doesent register the federal crime of “travel with intent to engage in illicit sexual conduct”, since its purely interstate activity could it be lacking commerce clause authority to do so?
one last thing and curiosity is killing me, there is a way to be released from federal requirements of the adam walsh act. it says my federal crime requires me to report for 15 years or only 10 if i have maintained clean conduct. 2019 marks my 10th year. unlike state law there does not appear to be a remedy or procedure to getting off adam walsh requirements, it just kinda list the duration of registration. My offense is a tier 1 offense" travel with intent to engage in illicit sexual conduct". the reason its important to me is i may want to travel, would i have to report to the sherriff of another state for this adam walsh statute even after the 10 years has passed. it does not really direct a platform process for removal federally, just tells you how long to keep the registration current
Sean A. Black Reply
Posted Jan 02, 2019 at 05:19:02
Georgia is likely to view these as two separate offenses and as relevant similar transactions. The facts for which you were prosecuted in each case were different.
The federal law does not, and cannot, control how each state administers the state registry. The time requirement stated under the federal law does not override Georgia’s system.
Katherine Reply
Posted Jan 30, 2019 at 19:27:58
My husband is up for parole in September. We want him to parole to my home. I have a child from a previous relationship and he was convicted of child molestation back in 12/01/06. He’s wanting to petition the court to get the conditions of his probation changed in order for him to live with us. My question is: when do we need to petition the court and how likely is it that it would be granted?
Sean A. Black Reply
Posted Jan 31, 2019 at 06:23:12
You need to seek this relief as soon as possible. First, it will take time to get on the court’s calendar. Second, you want lead time so that the change in conditions can be incorporated by parole. See a criminal attorney who handles cases in the court of conviction as soon as possible.
Kcor Reply
Posted Feb 05, 2019 at 11:15:08
My son was convicted of a sex offense at 19, given 5 yrs probation and first offender. It is approaching the 2.5 yr mark and we are considering going back to the judge to ask for a sentence reduction. Is there a time limit before we could consider this? Also, it is my understanding now that we now need to retain an attorney even if we only want to ask for unsupervised probation. Is this correct?
Sean A. Black Reply
Posted Feb 05, 2019 at 11:55:33
A lawyer will be very helpful to you in addressing how to proceed. Some judges will consider early termination of probation in response to a motion to modify probation. You need to consult with a lawyer familiar with the county and the judge that is handling your son’s case.
James Higdon Reply
Posted Feb 12, 2019 at 13:37:35
I am a level 1 SO in the State of Florida. Looking to move to Georgia to be with my fiancee. My offense was 20 years ago. Served 5 years in prison. No other TROUBLE since then. Except for a DUI. Can I request to be removed from the registry when I move?
Sean A. Black Reply
Posted Feb 13, 2019 at 04:14:18
The short answer is yes, although there is a lot more to the issue. The circumstances and evidence available for the original charge would need to be known to insure that there were no disqualifying factors.
Richard Reply
Posted Feb 20, 2019 at 04:16:02
Hello Mr. Black thank you for a most informative blog. My conviction is sexual abuse 2nd class A misdermeanor in Alabama, convicted 12/2016…My wifes 15 year old daughter brought the allegations against me, she did not live with us. But because she was considered my stepdaughter Alabama says I cannot live with my biological child per residency restrictions..its a long story but will keep it on point. Was convicted in municiple court and did not appeal due to lack of funds to proceed further , he said she said case. My attorney told me I was good to live with my child , so move foward to now and recently had 2 investigators show up and said I could not live with my own child and they just had not enforced it because they misread the law, I am not on probation nor parole, I have researched a possible rule 32 which if successful puts me in a new trial because I did not accept plea deal or plead guilty. But I also worry what if again found guilty on her words alone as before. So curious to know if I move to Georgia would i have any issues living with my family and child? And also as Alabama is a lifetime state with no relief for my conviction..would georgia have a way for me to petition off the registry, not sure what tier or offense georgia would put me under as comparable to my alabama conviction. Thank you in advance for any information. This may be a repost not sure if my first one went thru.
Sean A. Black Reply
Posted Feb 20, 2019 at 05:46:08
I cannot tell you the answer for sure. Consider that I am providing general information.
A requirement to register in your origin state (Alabama) seems to trigger a requirement to register in Georgia. On the other hand, Georgia does not require misdemeanants to register. You may have to take this up the chain with GBI to find out whether they will insist on your registering. Department of Corrections lost that battle a few years ago.
If you are required to register, there will be restrictions on the location of your residence and employment but not on who you live with.
You would be eligible to petition for removal if you are required to register.
Annie Reply
Posted May 04, 2019 at 13:11:28
Hello Mr Black, thanks for having this blog. My fiancé is registered as a level 2 sex offender (offense commit date 5/2006 so he can live by a church) in Chatham county, he is trying to relocate to my address in Gwinnett county and was told by the probation officer for this area my address is no good due to a playground in the back of a church located within 1K feet of my home and a community pool/playground located in the subdivision across the street from my home. I have checked the church and there is clearly no playground there (I even contacted the church and was told they do not have a playground). The playground/pool property line located in the subdivision across from me is more thank 1K feet from my property line, it’s about 1038 feet from my property line (I measured it on the county plat). I contacted the sheriff office sex offender department; they ran the address and said the address is good. What can I do to have my address approved by the probation office so my fiancé can live here? If our only option is to take this to court and we win can the probation office retaliate/make his life hell because we took them to court?
Sean A. Black Reply
Posted May 06, 2019 at 05:00:02
You are running up against two competing authorities which are not required to be consistent.
The Sheriff’s Department and you are likely correct that your property qualifies under the registration law.
However, the Probation Officer has authority and discretion as to whether or not to approve the residence under probation conditions. You need a soft touch with the probation officer. You should put together what you have and let the probationer and probation officer attempt to work it out. If he is not successful, then he can ask for a supervisor to look at the issue. If that is successful, then your alternative is to see a modification of probation.
Sherri Reply
Posted May 07, 2019 at 01:03:09
I have 2 questions….
My husband’s offense date is 2/1996… his conviction date is 10/2009 in CO. Will the residency and employment restricting apply to him in Georgia? We are looking at moving out of Colorado because of the cost of housing.
Second, CO does not classify on the tier system…. so we’re trying to find out what level he would be on there. The conviction was for 2 counts of sexual assault on a child. He was sentenced to 5 yrs probation and when it was nearly complete asking with finishing the required treatment his PO violated him and the judge gave him 3 yrs. He completed the full time, was released 8/2016 and had no parole. He was also accused at the age of 14 of sexual contact with a girl he was babysitting…. his parents didn’t want to fight it so he had to complete diversion and he did successfully. He also got caught stealing tires at 18 and was again given diversion of which he completed with no issues. I can’t think of any other legal problems. I how that’s enough to give us an idea about tier they would put him on.
Thank you for any help you can give us.
Sean A. Black Reply
Posted May 07, 2019 at 04:07:42
If he is not currently on probation, then his restrictions are based on his offense conduct dates. I know that would be prior to February 1996 based on your statement. He would not have employment or residence restrictions.
He would have to register within 72 hours of moving to Georgia. If he is registered in Colorado, he would need to notify that registration office of his intended move prior to the move. He would have to notify the registering agency within 72 hours of any change in registration information, including vehicle registrations, etc.
Assessing his tier level is difficult with the limited information, but he sounds very low level, probably a Level I, but there is no way to know for sure.
Sean A. Black Reply
Posted Jun 03, 2019 at 06:08:02
Since you are off of probation, you are free to move. You would need to notify your Alabama registry person prior to moving and notifiy the Georgia sheriff of the county where you are moving to within 72 hours of your move to Georgia.
Tier classification is more complicated and requires more information than you provide, but the offense and history with no other serious violations or offenses suggests a Level I.
Sean A. Black Reply
Posted Jun 17, 2019 at 04:31:45
Without knowing more about your particular facts, it would be impossible to ballpark your classification other than to state that it sounds like I or II, low or moderate risk. I do not encourage you to post your particular details in a public comment. It is likely that you will not be classified in the near future upon moving to Georgia. Classification does not change any of the applicable restrictions.
Sean A. Black Reply
Posted Jun 18, 2019 at 10:20:01
You need to consult with a Florida lawyer about your questions about ability to move and duties and obligations associated with moving. My understanding is that even if he moves from Florida, his name and information will continue to appear on the Florida registry.
The move to Georgia and those registration requirements is a sticky question. Ordinarily, juvenile adjudications are not registerable in Georgia.
But, a non-resident moving into Georgia who is required to register in the state the person is moving from has to register in Georgia. He will need to pursue the matter with GBI to ascertain whether he will be required to register or not. If he is not satisfied with their answer, it may be worth talking about pursuing a declaratory judgment action for a finding that the juvenile offense should not require registration.
J. H. Reply
Posted Jul 02, 2019 at 13:12:05
Mr. Black, a question regarding loitering. My brother is a registered sex offender (non SVP) living in North GA. He signed rules at the sheriff office and one was
OCGA § 42-1-15. It basically lists places where “loitering” is not allowed. He would like to join a street hockey league that plays at a “park”. If he is there for the purpose of playing hockey and not loitering around, is he in the right? The statute uses the word “loitering”. Thank you for any thoughts.
J. H. Reply
Posted Jul 02, 2019 at 13:14:36
Forgot to add, the league is OVER 21 and they play games on Sunday mornings.
Sean A. Black Reply
Posted Jul 03, 2019 at 05:38:40
Unless he just hangs around with no purpose before or after the game or practice, his being there with the purpose of recreation should not be considered loitering.
Paul C. Reply
Posted Jul 04, 2019 at 14:48:27
Thinking about moving to Gerogia, from California, have a 1983 conviction 261.2 Rape by force, and 288 A C forced oral copulation, no minors involved. Been out of prison since 6-8-1992. Had one arrest after 19 years out of prison for the new sonar officer not having my phone number. Other than tickets thats it. Question, would there be a mandatory regerstation? Thank you for you time Paul
Sean A. Black Reply
Posted Jul 05, 2019 at 04:56:22
Assuming you still have to register in California, then, yes, you would have to register in Georgia. With the offenses as described, it is fairly unlikely that you would qualify for registry removal.
Kcor Reply
Posted Aug 05, 2019 at 12:25:30
In Georgia, is probable cause still required for a sex offender on probation to be subjected to a search of their room and belongings if they waived their 4th amendment right? Also, as the parents, what do we have to allow them to search if he resides with us? The home is not in his name.
Thank you for all you do!
Sean A. Black Reply
Posted Aug 05, 2019 at 14:08:10
In general, a person under a waiver may be searched other than randomly if there is some reason for the search. This does not have to rise to the level of probable cause, which is the level of evidence justifying the issuance of a warrant.
The State will likely feel that they can search all areas of the dwelling which are available to the probationer. If you do not allow the search, they will determine that your house is no longer an appropriate place for the probationer to reside.
J F Reply
Posted Oct 12, 2019 at 00:31:00
I took a deal for agg assualt with intent to rape.
Sentence was 10 years with 2 in county jail. I received 2 for 1 and only did a year with last 8 on probation. We successfully had probation terminated at 6.5 years. My question is do I have to wait till 2027 to apply for removal on registry or can I apply now. I’ve never received a letter from sorrb but the sheriff’s office has me at lvl 1.
Thanks
Sean A. Black Reply
Posted Oct 13, 2019 at 05:32:33
If you are a Georgia level 1, there is no waiting period to petition for removal, provided you otherwise qualify.
There are concerns that I have about qualification with the underlying offense being aggravated assault. You may be disqualified for the violent aspects of the crime and the potential for injury.
Carl Reply
Posted Oct 16, 2019 at 07:54:14
Mr. Black,
You stated the following in a 2017 post in this thread: “There is not an explicit requirement in the Georgia statute to notify the registering agency of any travel.”
Is this still accurate? I am in Glynn County (successfully completed my probation) and the deputy that oversees me has told me I must inform them if I am traveling to another state by going to the Sheriff’s Department and filling out a form. However, as you stated above, there is apparently no law requiring any such notification. So I did go up there to fill this form out before visiting someone in South Carolina a month or so ago. At the bottom of the form, however, this is stated: “A travel permit is NOT [their emphasis] required by the state of Georgia. However, some states require registered sex offenders to submit a travel permit upon arrival at their out-of-state destination. This form serves as notification to the receiving state that this offender has notified the registering agency in this state of his intent to travel out-of-state.” As far as I can tell, the two states that I would visit require no such notification — South Carolina and Florida.
You also mentioned in that previous post that “some departments seem to find an implied requirement to notify of travel based on the requirement to notify within 72 hours of the place of residence.” This would make no logical sense on their part, given that 42-1-12 (e)(7) (I don’t know if I’m notating that properly, but I’m sure you understand what I mean) states that any offender from another state can come into the state up to 14 consecutive days and not have to register or anything, so they obviously don’t consider THAT to be any kind of residency change! So people can come into the state up to 14 days with no residency change, but if I leave the state for a couple days to visit another state, that IS a residency change (in the minds of some departments, as you stated)? No sense whatsoever.
So, anyway… I was just wondering what your advice is on this matter. Should I continue to go through with this nonsense, or am I safe visiting another state (following THAT state’s laws, of course) without having to notify the local sheriff’s department?
Thank you for your time,
Carl
Sean A. Black Reply
Posted Oct 16, 2019 at 08:04:43
I cannot in good conscience advise you to disregard the nonsense. Until someone challenges it and gets a favorable ruling striking down the requirement, you take a risk that your home county may attempt to charge you with a failure to register for not notifying them. You and I may be right that the conduct was not violative of the statute, but it would not change the fact of arrest and prosecution, maybe just the ultimate outcome of the case.
You have to decide if the inconvenience of this process outweighs the knowledge that doing so protects you from being charged.
Richard Reply
Posted Oct 17, 2019 at 22:29:03
If someone comes to Georgia as a visitor but then finds out that the visit will be more than 14 days after arriving here, when does the 72 hours start. My thinking is that at 14 days they have to do so within 72 hours of that. Is my thinking correct? Do you know of any case law pertaining to when the 72 hours begins for a visitor?
Sean A. Black Reply
Posted Oct 18, 2019 at 06:22:18
There is no case law on the 14-day issue.
Do not stay past the 14 days without registering. As soon as possible after you realize that you will be staying more than 14 days in the state, you should go and register. You are not really in violation until the 14 days are up, but it is better to be extra careful on this issue.
Kevin Reply
Posted Oct 20, 2019 at 11:22:02
Hello, I was convicted in 2017 of Computer pornography. I live in CT, and got my ICOTS to move back home about 3 months after release from prison where I served 6 months. I have had no problems up here in CT so far, but my wife visited this summer with my kids, and then she went a little crazy and was calling my PO non stop and so she looked up the statute in Georgia that I cannot be with my children, or any minor, the judge did order that I can talk to them on Skype at time of sentencing. A. Do I have to request a modification or what, and is this really the law down there, My own children had nothing to do with my offense. Also I have 10 years probation, I am about 3 years into it, at 5 years is that the time to apply for probation to be terminated? Thank you very much for answering my questions.
Sean A. Black Reply
Posted Oct 21, 2019 at 06:37:41
A statute is a law of the state. There is not a law in Georgia that would bar you from contact with your children.
However, there may be special conditions of your probation which would apply to you that may bar contact with minors except for Skype contact. You would need to get a copy of your sentence to know for sure. Your conditions may have been modified somewhat by the interstate transfer, so you also want to check the transfer documents.
But, yes, if the sentence has that restriction, you will need to file for modification of the sentence conditions in the sentencing court.
I usually like to see a person serve half their sentence before filing a petition for early termination. I would not rule out consideration at this point in your sentence depending on more information about history, treatment, no violations, etc.
It would be best if you are interested in looking at that to fill out a contact form instead of the comment form and I can email you back privately.
Bill Davis Reply
Posted Nov 09, 2019 at 11:03:01
Brief facts:
Plead to one count rape
Plead to about 20 counts of pandering (teen porn not involving victim- found on computer)
Adjudicated sexual predator despite low risk eval (justification , age of victim (his daughter).
Did his post release control in another state, was classified tier one by that state.
No trouble in prison or during post release control, no other criminal history.
Wants to move to Georgia
Question: Does Georgia do their own independent eval for classification or does the evaluation take into account or is it guided by the evaluation done by other states. In this instance the offending state viewed him as predator, but state where he did post release control gave him their lowest risk classification.
If sexual predator designation given in another state is based solely on age of victim, would that negatively impact his chances for Level 1 in Georgia.
Sean A. Black Reply
Posted Nov 11, 2019 at 07:19:46
Georgia does its own review and classification process. Given his incoming classification, that could occur quickly.
I do not know enough about the case to offer an opinion as to how Georgia would classify it.
Linda Reply
Posted Nov 15, 2019 at 10:23:00
My son in law is on probation for child melostation for five years, he is on his 3rd year now. My question is why would his probation officer tell him that it is mandatory that he gives a DNA sample. I thought that in the state of Georgia by law you have do a DNA when you are convicted. So why are they asking for a DNA now?
Sean A. Black Reply
Posted Nov 15, 2019 at 10:30:17
A new law went into effect that a DNA sample is collected on anyone on probation or in prison. It is not limited to sex offenses.
Sean A. Black Reply
Posted Nov 26, 2019 at 11:54:45
If he is not currently required to register in the originating state, he should not have to register in Georgia if he moves here.
The statutory cite is OCGA 42-1-12(e)(6): Registration pursuant to this Code section shall be required by any individual who: . . . Is a nonresident who changes residence from another state or territory of the United States or any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory or who has been convicted in this state [Georgia] of a criminal offense against a victim who is a minor or any dangerous sexual offense."
Based on your statement that he is not required to register in Montana and my assumption that he was not convicted of the sexual offense in Georgia, it does not seem to me that he would be required to register in Georgia. Without full information, that is just a general opinion.
LM Reply
Posted Dec 29, 2019 at 14:46:01
Within the last few weeks my niece has taken up with a young man on the Georgia sex offender list. From internet searches I found he was convicted in military court of forcible sodomy of a child in N C. He served 28 months & was dishonorably discharged. He has since relocated back to his hometown here in Ga. My niece continues to see this young man & my concern is that I have grandchildren that fall into the age range of the child he sodomized. We are a small family & regularly socialize which have included this niece’s former boyfriends. My sister & I own a vacation property together. Her daughter has expressed intentions in social media comments of taking this young man there. How can I get more information on this young man’s case, restrictions & if he is on probation? Is this information available to me at the Sheriff’s Office in the county he resides? Thank you for your time & I’m hoping to hear back soon, as it appears my niece has no intention of honoring her parents request of not seeing him. She is an adult & living at home attending college. I realize your blog is geared more to the rights of the convicted, but I’m concerned about my grandchildren & my son’s right to protect them if warranted. We need more information & how to go about obtaining it. Again, thank you for your blog, it is quite enlightening.
Sean A. Black Reply
Posted Dec 29, 2019 at 15:08:18
The case against the boyfriend should be public record to some degree. Of course, tracking down a military court can be difficult. Law enforcement may be able to find out more about the case, but I am not sure how much they would pass on. A private investigator near the base where he was convicted might be able to track down more information.
My guess is the person has given your niece a version of the story. At the end of the day, that is what you will have as well, versions of the story. I have seen a lot of cases where the person in your niece’s position is very invested in believing her boyfriend’s version to a point where she will sacrifice other relationships to maintain it. You have to be careful in dealing with her, or you will end up cut off from her and her children. Particularly, regarding her children, you want there to be regular communication to assure yourself of their safety.
Certainly, she should consider the risk to her children, other children in the family, her primary custody of any children where the father may object to her association with this person.
It is a difficult situation. She may be right about him. He may pose no danger to children. He may have plead to the offense to avoid the risk of being convicted of a more serious charge. There are any number of things that could have occurred to lead to this outcome.
The local probation office is unlikely to confirm whether or not he is still on probation or not. If you get a copy of the sentence, you will see how long he was to be supervised after serving the time.
Rm Reply
Posted Feb 01, 2020 at 17:40:32
Hello, I was convicted in 1994 of 3rd degree sex abuse In West Virginia which is a misdemeanor. I was required to register as a sex offended for 10 years. During the 10 yrs SORNA came out and I received a letter from the State Police which I reported at that I would now be required to register for life. I recently moved to Tennessee and have to register in TN. I am now looking to buy a house in Georgia. Would I have to register in the state of Georgia as a sex offender? If so, could I petition to be removed? Thanks
Sean A. Black Reply
Posted Feb 03, 2020 at 04:17:49
You would have to register in Georgia if you move here. It sounds like you would be eligible to petition for removal.
Timothy Smith Reply
Posted Feb 11, 2020 at 13:52:48
I plead guilty to use of a computer or electronic device to entice a minor. We are trying to move to South Carolina to be closer to my spouses parents. I keep getting denied for a laundry list of reasons. Would hiring a lawyer help improve my chances?
Sean A. Black Reply
Posted Feb 12, 2020 at 06:14:06
If there is difficulty in reconciling the lists with the facts or law, it is possible. Sex offenses can be difficult to transfer.
It sounds like you were not a resident of South Carolina. But, you are claiming resident family in South Carolina. That family needs to indicate their willingess and ability to assist in the plan of supervision and you need to show you can obtain employment there or have a means of support. You also have to meet whatever residency location requirements that come from (a) probation conditions and (b) South Carolina sex offender registry requirements.
Kurt Martin Reply
Posted Feb 25, 2020 at 09:21:03
Mr. Black, this article and the Q&A that follows, over years since you wrote the original article, ought to earn you some CLE credit! If it won’t, at least I hope that everybody reading this recognizes the contribution you’ve made to informing & educating the public (and dare I say other lawyers like myself) about how all this works! This surely is an example of an attorney donating valuable time “pro bono publico.”
Sean A. Black Reply
Posted Feb 25, 2020 at 12:19:50
Thanks for the endorsement. I try to make updates as there are new developments. But I am not always steady about it.
Daniel Allen Reply
Posted Feb 27, 2020 at 06:54:03
Mr. Black, I am a resident of New Jersey who is considering moving to Georgia because my sister lives in Savannah and my parents are moving to northern Florida. Many of the sex offender restrictions I have seen seem manageable to me, but I heard that it would be a violation to operate a motor vehicle without another person present in the car and that a “driving log” must be kept. This is particularly applicable to me because my current profession involves operating delivery trucks. This seems quite ridiculous, so I’m wondering if those are real restrictions and what a “driving log” would entail. Thank you very much for your time.
If it makes a difference I was convicted of two 2nd degree child pornography charges and one 3rd degree endangering the welfare of a child charge.
Sean A. Black Reply
Posted Feb 27, 2020 at 07:00:24
The particular restrictions you mention are ones that can be associated with an active parole or probation supervision. They would not apply just because you are on the registry. It is not clear from your post whether you are on an active sentence that you might seek to transfer or whether your sentence is complete.
Angela Brinson Reply
Posted Mar 07, 2020 at 13:24:37
My husband was charge with saturatory rape sex offender but got violated for not being home when his probation officer came by n got new charge battery in another city now he incarcerated without a bond can you me sum advice
Sean A. Black Reply
Posted Mar 09, 2020 at 09:04:58
If the sentence and/or new charge is in the northeast Georgia area, I would be glad to speak to you about your case. If the case is not up here in the mountains, then you need to look for a lawyer in that region.
Most likely, the probation officer is not basing it just on the fact that your husband was not there. Two possibilities that I would consider. One, the PO says that the visit was after curfew and your husband was violating curfew; or Two, the PO says that your husband’s non-presence on this occasion along with other evidence establishes that your husband was not living there and had moved without permission.
The battery further complicates matter, since it is a new criminal offense. That is an independent basis for revocation of his probation.
Jeff Reply
Posted Apr 02, 2020 at 05:51:14
Mr. Black,
April of last year I received a letter from SORRB and have received a Level 2 classification. I’m mid-probation (served roughly 2.5 of 5 years on probation) and have been successfully attending the state sex-offender treatment program. I’ve had no issues with the therapy group, polygraphs, or anything of the sort. Nor have I had any problems with my Probation guidelines, et cetera.
My issue is that I have been deemed a Level 2 for quite unknown reasons. Yes, I was given a small window of time to object and refute the classification, but it was only 30 days and the documentation needed to defend myself was quite possibly unattainable at the time, considering I am not yet done with Probation and have not yet “completed” treatment.
Q: Is this not a violation of a person’s due process?
The leveling system can (especially with regards to SVP status) create issues with a persons liberty, life, etc…
Thank you.
Sean A. Black Reply
Posted Apr 02, 2020 at 06:48:09
You can make an open records act request for a copy of your file with SORRB. This may answer some of your questions about leveling. You can also look online about the instrument that they use, called the Static-99, to judge your risk of re-offense.
You are right that there is only a short window to object.
There is case law from other jurisdictions that indicates that there is a due process interest related to changed circumstances that may be offended by the lack of recourse later on. However, it would be important to understand the reasons for the classification in order to know whether a re-evaluation would change things or not.
Sean A. Black Reply
Posted Apr 13, 2020 at 06:17:08
Yes. If you move to Georgia from a state where you are required to register, you are required to register in Georgia. You may investigate whether you will be eligible to petition for release from registration requirements in Georgia. Also, remember, you need to notify Florida registry before moving to Georgia, and you will need to register in Georgia within 72 hours of the move.
Connie Reply
Posted May 18, 2020 at 21:55:39
I paid for my boyfriend to get a lawyer to be removed from the registry. The incident happened 1999 and when he got out he was not leveled. We just got a letter in the mail today that stated they leveled him at a 2. How can this happen?
Sean A. Black Reply
Posted May 19, 2020 at 06:30:07
Not leveled is not a level. There has to be a classification, level set, in order to obtain removal. He was going to have to be leveled if not before the removal petition then as a part of the removal process. You do not say when the end date of his sentence was. If his sentence ended in 1999, he can still petition for removal. As long as the end date of the sentence was no later than 2010, he should be eligible to ask for removal.
Tonya Reply
Posted May 25, 2020 at 14:36:16
I am thinking about moving to GA from Floida. I was sentenced 2003 for lawd conducted to 6 years probation with withhold adjudication. How long do i have to wait before i can apply to be remove from your registry.my sentence ended 12/03 will the residents n employment restrictions apply to me.
Sean A. Black Reply
Posted May 26, 2020 at 03:26:06
The difficulty you have is that Florida treats a withheld adjudication as a conviction for sex offender registry purposes, which kind of defeats the purpose of withholding adjudication. Of course, Georgia is not perfect, either, we treat it as a conviction requiring registration until the sentence is completed successfully.
At any rate, I believe that you are required to register in Florida. That will trigger the requirement that you register in Georgia.
You can petition to be removed from the registry and you do not have to wait to petition after you move to Georgia. Unless you are classified as a sexually dangerous predator (very unlikely, given your description of the offense and having no other history), then the court will consider whether you pose a substantial risk of committing a future dangerous sexual offense.
Misty Reply
Posted Jun 03, 2020 at 09:48:55
Hello Mr. Black , my boyfriend is a sex offender. He done 20 years and isn’t on probation or parole . The offence happened in ga and we live in ga. He was living with another lady when we met and he decided to move in with me. He didn’t go and update his address because he didn’t know he had to. He isn’t leveled and he hasn’t been in any other trouble. He had a warrant because he didn’t update so he is in jail. Thursday June the 4th will be a month he has been in jail. How long will he have to stay in jail without a bond or will they say time served?
Sean A. Black Reply
Posted Jun 03, 2020 at 11:06:24
Before a person who has a conviction for a registerable sex offense is released from prison, the prison staff is required to review the registration laws with them. Probation also typically reviews the requirements with the person. The person is required to update information within 72 hours of any change of information, including residence location. Failure to do so is a felony.
I am not sure why bond is not being considered. Not knowing his history, any other issues about him, and especially where the charge is, it is impossible for me to assess how the prosecution will be seeking to resolve the case. The residence change is considered especially important. It would also be important to know the time frame that he was elsewhere other than his registered address.
Brian Reply
Posted Jun 03, 2020 at 18:47:30
Dear Counsel,
I have been hand picked to found out a question for a soon to be release female I/M from a GA. State Prison who is going to be going to a have way house either in the very latter part of the end of this year or the very early months of 2021 so here is the information that I was provided.
There is another female in for Kidnapping. Long story short, she was young and had a miscarriage that sent her over the edge and she went into a hospital and picked up her boyfriend’s baby whom she had by another woman in the hospital. She didn’t make it out and was caught at the nurses station and was stopped. She said that she had no intention to hurt the baby, but that she wasn’t in her right mind and just wanted to get the attention of the boyfriend and his other lover.
She was then charged with Kidnapping and False Imprisonment. The Kidnapping was reduced to simple Felony Kidnapping and she was sentenced to 20 years with 10 to serve in prison and the other 10 on probation.
As you are very much aware the State of Georgia passed a law that basically says that offenses like that against a minor under the age of 14 requires you to register as a sex offender after release. Now even though of course this isn’t a sex offense. The law was passed after she was incarcerated and so she wrote the Attorney’s Office asking for assistance in the matter of not having to register. I have no idea if this was the Public Defenders Office or a Private Attorney but the response is as follows:
The Attorney’s Office supposedly said that it must have been a mix up. GA code 16-5-40 calls for the sentencing for an offender convicted with the offense of Kidnapping of a minor to be 25 years and then have to register.
The letter also supposedly goes on to say that she is able to Petition for the Release of her Name from the Sex Offender Registry pursuant to O.C.G.A 42-1-19 (a)(3), "an imprisonment, in which no sexual offense was committed against the minor, may Petition a Superior Court for Release from the Registration Requirements.
She is now worried about her name being on the Registry b/c she feels that it doesn’t belong there after committing the crime and that would be a major hindrance to her. She is due to go to the halfway house around the end of this year 2020 or sometime during the part first of next year 2021 and is now trying to resolve this matter before she gets home. She now wants to know "what can she file or do at this point to handle the matter? The letter she got from the Attorney’s Office is from 2013, from what I was told which was way early in her sentence.
I live in California and my take on it is this: If she was not advised of this by the sentencing trial court and there is not any mention made of it in the sentencing transcripts than it cannot be enforced and that a Petition of Coram Nobis or even a Habeas Corpus would need to be in order outlining these events and if so she should be allowed to withdraw her plea bargain (if she did take a plea deal which I was not informed one way or another) and it also sounds like a “Ex Post Facto” Constitutional Law Issues just the same.
These California Cases are just a few of where the Appellate Courts have clearly stated that the Transcripts override the Minute-Order (which clerk have been known to adlib there own check boxes after the fact which the court (Judicial Officer/Judge was unaware of:
“(#1: People vs. Charles Hedrick (1-8-2015) Third Appellate Dist. Ct. #C076410 (Super. Ct. No. SF126442A) (San Joaquin); (#2: People vs. Alejandro Farell (7-11-2002) S. Ct. of Ca. #S092183 Ct. App. Div. 6 H019633, Santa Clara County, Calif. Super. Ct. Case No. 195895; (#3: People vs. Laird J. Edwards (3-17-2015) Third Appellate Dist. Ct. #C074630 (Super. Ct. No. 12SCR07919) (Glenn, County); (#4: People vs. Joel Nathan Rayford (10-16-15) (First App. Dist. Div. 4 A141455, (Contra Costa County, Calif. Super. Ct. Case No. 51319532)”
I know that these cases are not good for the State of Ga. but I was just giving you some what of a background idea of what I was trying to point out in my thoughts regarding the issue that I am bringing before you. So If you have any of the Greatest Solution to what she can or cannot do at this point in the final stages prior to her release can you Please, when time is available to respond accordingly to this email can you give some insight so that I can pass on this vital information to get her on the right track. Thk. U.
PS. . . . I ran across your website by shear accident when I was in search of what the State of Ga. Requirements were up under the Code Sections GA Code 16-5-40 and also O.C.G.A 42-1-19 (a)(3).
Sean A. Black Reply
Posted Jun 04, 2020 at 07:10:54
The requirement to register is a consequence of statutory law not of the sentence imposed by the court. In Georgia, the requirement to register in this situation is triggered by the release from prison after the effective date of the statute where there is a prior conviction for a registerable offense.
Every controlling Georgia and federal court case that I have reviewed has shot down the ex post facto argument on these registration scheme.
The reality is that she will have to register when she is released.
However, there is an opportunity to seek removal of that requirement under O.C.G.A 42-1-19 (a)(3) based on the non-sexual conduct or intent. That subsection does not require completion of the full sentence. That is her best pathway to coming off the registry. In that regard, it would be important that she remain in Georgia until that removal is granted.
Tom Judk Reply
Posted Jun 12, 2020 at 08:33:07
When someone is sentenced and required to register under GA first offender status, how do they get removed when they complete and receive their first offender discharge?
Sean A. Black Reply
Posted Jun 12, 2020 at 09:00:20
At the successful conclusion of a first offender act or conditional discharge sentence, the court will issue an order of discharge and acquittal. You should take a copy of that order to the registration official for your county. That person should notify the GBI of the need to remove you from the registry and will confirm that you have not registration obligation in Georgia going forward.
Roger Aldridge Reply
Posted Jun 16, 2020 at 07:56:01
What year and month did the sex offender register go into effect in Georgia ?
Sean A. Black Reply
Posted Jun 16, 2020 at 08:18:01
The effective date was, I believe, July 1, 1996. I know 1996 for sure. July 1 is the normal effective date of legislation in Georgia. I could not pull up the original bill easily.
However, you should be aware that the law does have application to convictions predating the effective date.
Sean A. Black Reply
Posted Jul 20, 2020 at 06:30:17
I have some unresolved questions about the situation you describe. The Georgia decision you reference was based on a US Supreme Court decision. I do not see how the Missouri statute is still in effect since based on your description it attempts to impose a lifetime sentence on a person without a judicial order and due process. Your family member really needs to consult with a Missouri attorney about some of these Missouri legal issues.
It is also not clear to me when he was sentenced, whether he had a prior qualifying sentence, etc. Those details can be very important, but applying Missouri law to them should be done by the Missouri attorney.
I am not positive how Georgia Department of Community Supervision would deal with this situation. I do know that there will not be lifetime GPS monitoring, but I don’t know that DCS will accept this type of administrative sentence for supervision. And, if they do not accept it, will Missouri approve the move without supervision continuing.
I understand your concern about freedom of movement, and my concerns are related, but tend to deal with more base level concerns about how this condition was imposed.
Private Reply
Posted Jul 26, 2020 at 21:43:49
Hello Sir,
I do want to tell you I’m grateful for all the information here- both the article and replies. It’s so kind of you to do.
My question is regarding the children. If I’m a single mother with full custody, am I able to date a level 1 offender during parole? He has 13 PIC points and perfect behavior for the last 7 years. His charge is child molestation. I’m not familiar with the legal jargon, but the plea was for touching her hip, I believe (uncertain about the exact part listed on the paper, but something similar in nature to hip) I know the guidelines have to be set; I assumed having kids versus having sole custody made a difference. Would we be allowed to marry or have a child of our own during parole? Would hiring a lawyer make a significant difference?
Thank you again for all of your help. Oh and if the conviction date matters here, it was around 2013.
Sean A. Black Reply
Posted Jul 27, 2020 at 06:51:00
There is nothing which prevents you from doing as you choose. You are not under any sentence at all. However, to the extent that there are other caregivers in your child’s life, the other caregivers and a court considering custody/visitation issues may have concerns if you, having custody of minor children, have a relationship with a sex offender. While it may not be the case, many courts work backward from a presumption that a convicted and registered sex offender poses a danger to your children. The burden is likely to fall on you to defend this other person’s suitability to be in you and your children’s lives. Reservations are likely to be had about the situation. It may be absolutely the case that he poses no risk at all to you or your children. But, it could pose problems for you.
As well, it may have repercussions to the parolee. While he is currently on parole, my guess is that there is probation to follow. He is likely to be supervised to the max date of his sentence. There are a number of parole conditions that have a bearing on the relationship you describe. Parole conditions can also incorporate the probation conditions. In addition, it is possible to violate probation conditions even when probation has not yet commenced. He needs to review those parole conditions and his probation conditions very carefully before continuing a relationship with you. You may be great, but you and your children pose risks to him that he could be accused of a violation of the conditions of supervision. One probation condition that is often imposed in sex offender cases states:
“Offenders shall not date or marry anyone who has children under the age of 18, unless approved in advance and in writing by the community supervision officer in consultation with the treatment provider or the sentencing court. Offenders are required to notify any such person of his or her criminal history.”
The relationship could also have negative consequences for your children. If he is present in you and your children’s lives, if you live together or get married, with appropriate changes having been made to his probation conditions, he will still likely be restricted from having contact with other children. That means that your children’s friends and minor relations (cousins, etc.) can not come over to play or to spend the night. He may not be allowed to to their activities. At some point, other children, teachers, etc., will be aware of his past, and may speculate about your children’s safety, etc.
Don’t misunderstand me. I believe in rehabilitation. I know the statistics that he is very unlikely to re-offend. I know that he may have earned the opportunity to re-enter society and have a normal life. But, I also know that Community Supervision (parole and probation) will be looking at him and his life as if he were under a microscope for a long while. I also know how people behave and think about other people accused or convicted of a sex offense.
If you are going to have such a relationship, he will likely need a lawyer to petition the sentencing court to modify his conditions to allow the relationship and to allow him to do things consistent with that relationship. Many courts will want to hear from the sex offender treatment provider in making that decision. If he has not made substantial headway toward completing that treatment, that may be an impediment to getting that relief.
Sean A. Black Reply
Posted Jul 29, 2020 at 07:20:02
Georgia is a “lifetime” registration state as well. However, most states remove a person from that state’s registry if the person is no longer a resident of that state. The exception to that is Florida.
If you move to Georgia from a state other than Florida and you successfully petition for removal from the Georgia residency, then you are no longer required to register in Georgia, and you would not appear on the national registry. The national registry is just a mashing together of the state and territory and district databases.
So, then your question is what happens if you want to move from Georgia to another state. That depends on the intended state. It would be important to look at that state’s triggers for registration at that time.
If that state, like Georgia, typically triggers registration based on whether or not there is a requirement to register in the originating state, then you should not have to register in that situation.
Even with Florida, there is an argument that you are not actually required to register in Florida once you have moved from that state. But that one is a bit more of a puzzle.
Kiddicky Smith Reply
Posted Aug 06, 2020 at 16:53:54
We have a court paper stating i get off probation on Aug. 20 2021, signed by a Judge David Barret White County in Ga.. They want to keep me on until Aug. 22 ,2021 Can they do that ?
Sean A. Black Reply
Posted Aug 07, 2020 at 06:06:14
I cannot answer to how they are calculating the sentence completion date without doing a lot of review of what the sentence says and what has happened in your case. I know two days is not nothing, but it is probably not worth your paying me to review that and then to argue with DCS and the court about it. Sorry.
Amber Reply
Posted Aug 15, 2020 at 16:46:57
I have a question, If a person is jailed awaiting trial for aggravated child molestation charges, and them never being convicted of a sexual crime, what are the chances of that person being released from jail, and his name being cleared in Georgia? This was his wife angry over a divorce and accused him of molesting her son, as an act of revenge. Shes admitted it to him but says shes scared to tell authority’s that she lied.
Magnolia Reply
Posted Aug 17, 2020 at 02:38:12
Mr. Black,
You have compiled some amazing information and I scanned your comments to see if anyone else asked this question but could not locate any answer.
My nephew is serving a 15 mandatory of 8 sentence for attempted rape. He was given a plea deal back in 2018 as a FIRST TIME OFFENDER. The first time offender law in GA has indicated a lot about their crime, but what I am concerned about is his parole. He may make parole next year, as he’s been incarcerated since 2016 (time of crime) and I want to know if the First Time Offender Law would exempt him from registering as a sex offender during his parole period? i am having trouble finding him a place to reside within the 1000ft restrictions, and I am hoping he would be exempt from this registration while on parole. Thank you.
Sean A. Black Reply
Posted Aug 17, 2020 at 06:51:36
The first thing that you need to check is the sentence. Being a first offender is not the same thing as a sentence being made under the First Offender Act. If it is under the First Offender Act, there will be a check in that box on the sentence near the top but under the case caption.
Secondly, persons sentenced under the First Offender Act for a registerable sexual offense must register during their period of parole and probation. However, if they successfully complete the sentence and are granted a discharge, then they will be removed from the registry as a matter of law without petitioning for removal.
Sean A. Black Reply
Posted Aug 17, 2020 at 08:35:39
There is a low chance of that happening.
Once the system gets moving, it is hard to stop or divert, short of beating the case in trial.
Some district attorneys will even prosecute and have arrested people who say that they are changing their story or that they lied originally. In the case of child statements, psychologists and social workers view a child recanting as a possible case of accommodation syndrome which would reinforce them in their belief that the allegations occurred.
RM Reply
Posted Aug 17, 2020 at 17:23:11
Hello, I recently moved to Ga from TN and still showing on the TN SOR as inactive/ moved to another state. Should I be removed from TN SOR if I am registered in GA? Also how long does it take to be leveled in the state of GA? Thanks
Sean A. Black Reply
Posted Aug 18, 2020 at 06:24:15
That is a Tennessee law question. I am not sure. Florida, most notoriously, never takes anyone off that comes within their registration scheme. I am not sure if Tennessee is following that lead or not.
Rm Reply
Posted Aug 18, 2020 at 18:44:52
Do you know how long it takes to be leveled once registered in Ga?
Sean A. Black Reply
Posted Aug 19, 2020 at 06:44:07
It varies from a few months to never. My experience has been that where a registrant has not been leveled but may be eligible for removal under the Georgia statute that the best course is to investigate, prepare and file that petition and seek a court order for classification. In that situtation, the leveling will then be accomplished within 90 days of the court order.
ryan Reply
Posted Sep 02, 2020 at 02:00:08
Hey Mr. West i have gone through something similar. Did you ever come to a conclusion with this, any help would be awesome. thanks.
Rico Reply
Posted Sep 15, 2020 at 11:07:47
I attempted to be removed from the registry 2010 by hiring a lawyer. I was classified as level II at that point. I have no other sexual or violent offenses. Is it reasonable possible to be reclassified and file for removal on my own? My finances are low now and I can’t afford a lawyer. Are the any pro bono lawyers who may help?
Thank
Sean A. Black Reply
Posted Sep 16, 2020 at 05:31:40
I am not aware of any pro bono resources for seeking removal from the sexual offender registry.
There is no legal way to compel the SORRB to reclassify you or reconsider that classification. Constitutionally, that may be a defect in Georgia’s system, because passage of time and demonstration of rehabilitation should be taken into account. If it has been more than 10 years since the end of your sentence, and the facts you lay out suggest that is true, then you are eligible evenas Level II to request a judge to remove you from the registry.
When I am looking at a case that is unclassified or Level II, I sometimes suggest a psychosexual evaluation as a way to approach or respond to that concern.
Andrew Reply
Posted Sep 17, 2020 at 12:31:29
My conviction/plea bargain was April 1990 for offense committed 10/29/1980. Controlling offenses: Kidnapping and Agg. Assault with intent to Rape(lesser included of original charge of rape.
Based upon :
Doe v. Dep’t of Public Safety and Correctional Services, 62 A.3d 123 (Md. 2013).
Nature of Case: State civil suit in which plaintiff, a registrant, who was convicted of sex offenses which took place prior to enactment of Maryland’s sex offender registration scheme, alleged application of SORN to him was a violation of prohibition on retroactive punishments.
Holding: Court of Appeals of Maryland held, on state constitutional grounds, that SORN was a violation of prohibition against retroactive punishments.
And the State of Georgia having almost the SAME provisions as Maryland in the State Constitution:
Would it be feasible to bring such an action on my behalf here in Georgia on the same grounds?
Sean A. Black Reply
Posted Sep 18, 2020 at 06:55:30
Those issues were litigated in Georgia in 2007-2009. There were some rulings that ultimately upheld the scheme, although there were some concessions by the State which led to the time of offense setting what, if any, restrictions would apply to a person.
The portion of the law requiring registration of someone with a conviction prior to 1996 (effective date of the Georgia registration scheme) who is placed on supervised release, probation or parole or is released from incarceration after July 1, 1996, was upheld as not being retrospective.
Without knowing the particulars of your situation, my guess is that your case is within the ambit of one of those cases. There may be an advocacy group looking to tee up another challenge to these laws, especially in view of some encouraging language in some recent US Supreme Court cases, but I am not looking to take on such a representation.
Kevin White Reply
Posted Oct 12, 2020 at 21:11:35
Sir, I had a charge of intercourse with a minor in fla in 2001. I was and still am a resident of ga. The victim was 17 which is legal in ga but not in fla. I did 3 years probation with a withholding adjudication in FL which is the same thing as first offender here. My record is clear. Why do I still need to register?
Sean A. Black Reply
Posted Oct 13, 2020 at 06:55:04
OCGA 42-1-12(a)(8) which provides for persons receiving a first offender discharge and acquittal references only the set of statutes providing for Georgia first offender. It does not include language incorporating and providing for similar statutes of other states.
If you have been discharged in Florida, that should be a big help in seeking removal from the sexual offender registry under OCGA 42-1-19.
Ryan Reply
Posted Nov 24, 2020 at 04:07:24
I was convicted oct. 26 2017 for innapropriate internet contact with a minor. Odd charge i know.Recieved 5 years probation and sex offender registry. Never met in person. Pictures was exchanged but was not convicted of that. I was pushedly urged by my court appointed lawyer to accept 5 years probation guilty plea. I asked could we fight it and he highly suggested we didnt for some unkown reason. I took plea. I was never informed of the sex offender registrty prior to sentencing i was completely ignorant to the registry and all the limitations and hardships that entailed. I also am being forced to take sex offender classes by probation ( not enforced or ordered by the court). Being forced to take polygraphs by probation and the class( not court ordered or enforced). My probation officer refuses to approve me to be around or live with any minors whatsoever. Claiming that is court ordered when in my paperwork it is clearly not. I cant get a job due to background checks always denying me. Due to this i cant afford to pay class that is why i havent graduated it according to the guy who teaches it. Ive passed every polygraph and due exceptional in class. Ive only violated probation 2 times. 1 for shoplifting ( was with a guy who stole and i was charged for assossiation). 2 for admitting to p.o i had a drink. Ive completed 3 years but i just cant take it any longer my life is ruined.
Q.1. Is there any way probation and class can force me to take these polygraphs and how could i legally stop it.
Q.2. Iss there any way i can legally get out of the class due to it not being court ordered.
Q.3. Do you think in your experience it would be worth a shot to higher a lawyer and try to get early release from probation and termination of sex offender regitry simultaneously. Or do one first and one later or wait all together.
Q.4. How many people do you have experience with being removed from the registry quite quickly after probation termination for small low offenses like this.
Sean A. Black Reply
Posted Nov 24, 2020 at 09:43:22
If your sentence is from out of state, then these conditions were added as a condition of the probation being transferred to Georgia for supervision. If so, you signed off accepting them as part of your transfer process. If this was a Georgia conviction, go back to the clerk of court and get a full copy of the sentence. There is usually a multi-page attachment of sex offense conditions. Basically, yes, they can require those things. It is very possible to come off of the registry for a low-level offense that do not involve violence, weapons, injuries, etc.
Alfonzo Jackson Reply
Posted Dec 04, 2020 at 07:57:10
Hello my name is our father Jackson and I was convicted in the state of Michigan in 2014 CSC 3rd degree I was 17 in the victim was 13 at the time and I was sentenced to a year in jail 5 years probation I had a drug habit at 17 marijuana I got sent to prison for two years at 18 got out of prison did my parole I was told once I complete a parole Ten Years After my parole I will be off parole but instead they change some law and Michigan in 2008 or 9 or 10 or some like they need to change my criteria to a higher level sending them a high-risk with my prison release papers in my assessment state from the psychiatrist I’m a low-level offender so how is it possible that I can find a way to get out of this situation the state of Michigan has been 21 years since I’ve been registered and I’m 37 and it happened when I was 17
Kristy Reply
Posted Dec 04, 2020 at 17:30:17
I have a friend who was charged with sexual battery. He’s currently on parole / probation and one of the terms of his probation is that he cannot date and or marry anyone who has children under the age of 18.
He’s seeing someone who he was with before his conviction who has children but they aren’t in her custody. They live with their father out of state and she has court documents proving this.
I realize the children do exist and could be present at any time but the likelihood of that happening is slim to none.
He’s currently trying to get a modification so they can be together and his PO knows this.
Also they aren’t currently dating ( because of the restrictions) but they are good friends and business partners.
How can his Parole Officer violate him for being around her concidering no children were present?
Kristy Reply
Posted Dec 04, 2020 at 17:32:27
I have a friend who was charged with sexual battery. He’s currently on parole / probation and one of the terms of his probation is that he cannot date and or marry anyone who has children under the age of 18.
He’s seeing someone who he was with before his conviction who has children but they aren’t in her custody. They live with their father out of state and she has court documents proving this.
He’s currently trying to get a modification so they can be together and his PO knows this.
At the current moment and because of the restrictions they are just friends and business partners.
How can his Parole Officer violate him for being around her especially if no minor children were involved?
Sean A. Black Reply
Posted Dec 07, 2020 at 06:11:54
A probation or parole officer has very little discretion or authority to decide that a judge did not intend the express words of a court order do not apply to a particular situation. At this point, the officer has given direction that it will be considered a violation. If there is a disagreement on interpretation, that is best addressed to the sentencing judge by a motion to modify the terms and conditions of probation.
The argument for the other side of the interpretation is that since she has parental rights, there is a possibility that the children could communicate, visit or come to live with her, which would then lead to a very direct problem in terms of the probationer/parolee.
Sean A. Black Reply
Posted Dec 07, 2020 at 06:29:24
I am not licensed in Michigan and cannot advise you on Michigan law.
John E Reply
Posted Dec 07, 2020 at 08:18:23
I am an out of state sex offender…I have a potential job offer in GA for two weeks. What are the current requirements for this…I would be staying at a motel/hotel.
Sean A. Black Reply
Posted Dec 08, 2020 at 08:02:06
Registration is required for a person who
“(7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory.”
As long as you do not exceed 14 consecutive days, registration in Georgia would not be required. Typically, that refers to where you lay your head at night. If the total time in a calendar year exceeded 30 days then that would require registration as well.
You need to make sure of your requirements in your state of residence regarding notification of your intended absence from the state for that period of time.
Dylan Reply
Posted Dec 16, 2020 at 12:15:59
Are parole regulations / rules the same for sex offenders as probation regulations?
If I’m unable to date / marry anyone with minor kids as part of my probation conditions would the same conditions apply if I were on parole?
Sean A. Black Reply
Posted Dec 16, 2020 at 12:25:49
Yes. If you are paroled and your probation conditions do not include sex offender conditions but your record includes a sexual offense conviction, parole will impose them anyway. If you have them, they will follow whatever the court allows in terms of those conditions.
Joe Reply
Posted Dec 26, 2020 at 20:52:18
So, I am low risk registered SO (non predator), we moved to a house recently and come to find out that is located less than 1000 feet from the neighborhood pool. The sheriff office has said nothing about it, the pool is closed for winter. I am not going to be able to live here am I? Another SO lives about as far from it as I am. Will they pop me with that as a violation, even if they gave no issue with the address? They never even send officers by to check on me anymore, even after I moved. I do everything by the book as they say, but this has me really worried. What should I do?? I did all my time from another state, 8 years, no probation. Help??
John Reply
Posted Dec 28, 2020 at 02:22:29
I am an owner and some one moved into a rental – he was convicted of molestation of a minor in 1999 -and listed as non-leveled. but at some point during parole – he had absconded and was recently located and arrested – and, when arrested he gave false information to the arresting officer. My question is – what does non-leveled mean. And does he have to register? In addition -in 2015, he worked at a church building which was rented to and used by a charter school for elementary students. The building supervisor ( a cleric) – discovered he was a sex offender and fired him but did not report the situation to the charter school for fear of losing the rental income – so no investigation occurred. Since I have recently become aware of this school situation – and am a retired educator – another question is do I have to report the school situation – or has the statues of limitations taken effect.
Sean A. Black Reply
Posted Dec 28, 2020 at 06:20:52
It sounds like he has to register.
Leveling is an assessment of risk by a state agency pursuant to psychological standards. Non-leveled registered sex offenders are usually not high risk, what Georgia call dangerous sexual predators. If leveled, they are typically assigned either Level 1 (low risk) or Level 2 (moderate risk).
You are not required to report anything to anyone, especially about something that you do not have direct, personal knowledge of.
Sean A. Black Reply
Posted Dec 28, 2020 at 06:26:11
If you submitted the address to the sheriff’s office and they approved it, you should be alright. If you are still under supervision, you would have needed approval from your supervising officer as well. There is some degree of uncertainty as to what, precisely, a community pool is.
jason Reply
Posted Dec 29, 2020 at 09:26:14
Mr. Black, I was recently released from federal prison after serving a five-year term for receipt of child pornography. Upon arriving in halfway house, I was informed that my release address had been denied by the sheriff’s department in the county it is located in. The denial was due to the fact that the neighborhood in question contains a community pool. The pool is well over 2000 ft. from the address.
I contacted the sheriff’s office and was told on two separate occasions and by two separate officers that the address met the state guidelines and should be okay to move into. Ultimately however, the chief investigator denied my residency but did not adequately explain the discrepancy in opinions among the other officers.
Is there any legal basis for barring a sex offender from a neighborhood based solely on the fact that a community pool exists within the community?
Steve Schnurpel Reply
Posted Dec 29, 2020 at 21:44:44
I am a sex offender who has completed my probation. I was given the option to plead guilty to 3 charges with all carrying 6 years each to be served consecutively. In doing so, I avoided any prison time. The offense occurred in 1999 and I was sentenced in 2000. No mention was made in the plea deal but they forced me to register or I wouldn’t have been able to attend my step father’s funeral in Indiana. Then a few years later they changed the system. Under the new system I was classified violent and forced into community supervision for life whereby I have to register 4 times a year. I completed my sentences in 2018 as an exemplary offender. I never had any write ups. I completed sex offender group therapy classes and have been off probation since August 2018. Oh, they let me do my last 2 years unsupervised also. Now, like I said I have to check in 4 times per year. What had happened is I worked at a shelter for boys and girls. I committed the act of sexually battery by an authority figure because even though it was consensual, I was in a position of authority. She was 16 at the time, a month shy of her 17th birthday, which really doesn’t matter. Then she runs away from the shelter with a 12 year old resident of the shelter and called me. I picked them up when they called. That automatically gave me especially aggravated kidnapping on the 12 year old. Nothing sexual happened with her. I pled guilty to attempted especially aggravated kidnapping, sexual battery by an authority figure, and statutory rape to avoid jail and do my sentences on probation. My record was spotless with no issues. I am on community supervision for life. When I move to Kingsland, Georgia from Tennessee, what will, if anything, I have to do other than register in Kingsland?Will I ever be able to be removed from the registry? And how often would I register per year? Thank you for any feedback. And I apologize for not making a long story shorter.
Sean A. Black Reply
Posted Dec 30, 2020 at 07:18:51
I would discourage you from moving to Georgia under a lifetime supervision requirement which, I believe, will be treated as probation. You are likely to incur significant additional conditions on your conduct, behavior, interactions, residence, work, etc.
It appears that there has been some successful litigation challenging the Tennessee lifetime supervision requirement in 2020, albeit on a case by case basis. https://floridaactioncommittee.org/tn-great-decision-out-of-tennessee-registry-violates-ex-post-facto/
You need to investigate the possibility of challenging that requirement in your case before making a move to another state.
Sean A. Black Reply
Posted Dec 30, 2020 at 07:46:18
Community swimming pools are treated as an area where minors congregate, apparently whether minors actually do or not. The issue with planned developments can also be that of private parks. If you look at a survey of a planned development, you will often see the swimming pool and other recreational facilities may also be connected, or not, by shared green space or common areas. In some developments, those shared or common areas could be viewed as private parks or the connected green space could be viewed as extending the perimeter from which the distances are measured.
From a practical standpoint, a decision has been made. You would have to have an attorney to file for declaratory judgment that the address should be approved, but I cannot say that without investigation, and that would be an expensive and time-consuming process. I guess you might be able to internally appeal the investigator’s decision to the Sheriff of the county.
In addition to the county level approval, I assume you have a term of supervised release and any address has to be approved by federal probation as well.
Pete Reply
Posted Jan 18, 2021 at 15:56:44
Hello,
Does the federal obligation to provide advance notice of international travel only apply if you’re still required per your tier to register per federal SORNA? I realize there may be a separate state obligation to provide that notice, but I’m asking about just the federal obligation (I no longer required to register in the state).
Here’s the pertinent part of the IML statute -
International Travel Reporting Violations.—Whoever—
(1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); 1
(2) knowingly fails to provide information required by the Sex Offender Registration and Notification Act relating to intended travel in foreign commerce; and
(3) engages or attempts to engage in the intended travel in foreign commerce;
shall be fined under this title, imprisoned not more than 10 years, or both.
Thank you Mr. Black.
Sean A. Black Reply
Posted Jan 19, 2021 at 06:08:54
I am not an expert on the International Megan’s Law cases.
My opinion is that International Megan’s Law is grafted onto the existing SORNA.
There is a federal requirement to register which is fulfilled by registration (or not) with state or territorial registries. The States are not obligated to exactly follow the time periods of the federal rules for removal. If you have been removed, then you are no longer a registered sex offender. Caution, though. Some states make certain registrants non-public, but the person is still a registered sex offender.
It is my belief that a person who has been removed from their state’s registry would not have to comply with the notification requirement for international travel, especially since the vehicle for notification would be the state registry that the person is no longer on.
That stated, there may be some USAs and AUSAs who might disagree with my interpretation. As far as I can tell, the issue has not been confronted yet, at least as far as the annotations that I reviewed.
Thomas Reply
Posted Jan 23, 2021 at 23:41:23
I have a conviction in the state of Michigan in 1998. I moved to Georgia in August of 2020. Michigan registration was to be for 25 years. I have been told by the county registrar where I live that I can only petition for relief where I was convicted, which is in Michigan. My conviction in Michigan is attempt CSC 4th. It is listed as a high level misdemeanor there. Is my registrar correct? Or can I petition here. I am also required to register in Florida for life, due to moving there. No other convictions exist on my record.
Sean A. Black Reply
Posted Jan 25, 2021 at 07:05:45
You can petition in your county of residence in Georgia for removal from the sexual offender registry. With a misdemeanor conviction and more than 20 years with no additional conduct, you should be a good candidate for removal. Your registrar is wrong.
You will remain on the Florida registry, but my understanding is that you do not have any ongoing registration requirement in Florida unless you return to that state.
Denise Reply
Posted Jan 28, 2021 at 10:07:14
If a person is transferring from California for human trafficking of a minor, what level are they considered in GA? II or III ? How long do they have to register in the state of GA. How far do they have to be from schools, daycares, etc. and is that distance for the property line or from building to building? When can they petition to be removed after having served at that level? They were in CA under PC 290.
Sean A. Black Reply
Posted Jan 28, 2021 at 10:24:45
Georgia uses a risk-based classification system, not an offense based system.
Georgia is a lifetime registration state, but some registrants can petition for removal from the registry depending upon risk classification level.
1000 feet is the distance, depending on dates of offense.
Distances measured from closest points on property lines.
Stephen Reply
Posted Feb 03, 2021 at 08:01:07
My brother is serving 10 years for engaging in sexual activity with a 16 year old in a custodial relationship that occurred 11 years ago. He is serving a 10 year prison sentence in Florida as this is where the crime occurred. He was a resident of Georgia prior to the conviction. 3 questions:
- Would he be able to transport to a prison in Georgia since all of his family is in GA and his mom’s health is failing?
- If he remains in FL until he gets out, how difficult will it be for him to transfer his residency to GA (How long will it take)
- If he moves to GA upon getting out, does he follow FL or GA sexual predator probation rules?
Sean A. Black Reply
Posted Feb 03, 2021 at 10:44:02
Interstate transfers of prisoners for state law crimes is very unusual and rarely happens.
If he was a resident of Georgia at the time of the conviction, then he should be able to transfer to Georgia. He will have to meet with the supervision officer in Florida, who can begin the process of requesting an interstate transfer.
Florida, as part of the interstate transfer, can designate the conditions that it wants the supervision to be under. Georgia can accept some or all of those conditions and add additional conditions. Florida then indicates whether they will accept those modifications, if any, and then your brother has to agree to the modified conditions in order to be supervised in Georgia.
Sean A. Black Reply
Posted Feb 08, 2021 at 05:23:48
Interstate transfers of prisoners is not very common. I would not expect it to happen.
If he was a Georgia resident at the time of conviction and has family here, he should be able to transfer supervision to Georgia. It can take a few days to a month or more. He will have to speak to his parole or probation supervisor about that once he is released.
As part of the interstate transfer, the conditions of his release will be nailed down. Florida’s conditions are the starting point, but Georgia can modify or add to them.
Private Reply
Posted Feb 11, 2021 at 22:28:27
Hello,
In 2015 i was caught up in a sting in Washington state. I hired an attorney long story short, in 2017 plead guilty of “Communication with a minor for immoral purposes”, gross misdemeanor of a sexual nature. As this was a sting, there was no actual minor involved. I served 30 days in jail, 2 years of unsupervised supervision, a full psychological evaluation, 2 years of therapy which i graduated from, fines, and on the Washington state registry for life as a tier 1 offender which i can attempt to be removed from in 10 years from sentencing (2027). My family and I are interested in moving to the Atlanta area and are curious what kind of registry requirements I would face in moving to GA given the above information.
Thank you for any help you can provide.
Sean A. Black Reply
Posted Feb 12, 2021 at 05:42:45
This is one that is a very tough situation.
Misdemeanors are not ordinarily subject to registration in Georgia. However, the triggering language for initial registration includes nonresidents who move to the State of Georgia who have to register in their state of origin. So, on the front end, it appears that you would have to register.
There is one appellate decision suggesting that maybe that the person cannot be required to register for a misdemeanor, but that decision arose in a slightly different context.
The safest advice I could give would be to register and then petition for removal once you have established residence clearly. You need to notify Washington state prior to your move to Georgia.
I talk about the restrictions based on date of offense on a page titled Sex Offender Restrictions on my site.
Jada Reply
Posted Feb 12, 2021 at 13:44:40
I have a question, if a man is convicted of criminal predatory criminal sexual assault in IL (lifetime registration in IL) and moves to Georgia..how would he classify? Would he still be considered an offender This is a one time offense where he was lied to about how old the young lady was (documented in court) what does that do for his contact with his children, etc?
Sean A. Black Reply
Posted Feb 15, 2021 at 06:54:22
Because the person is required to register in the state of origin (Illinois), the person must register in Georgia.
If the person is still under sentence, then those sentence conditions and possibly more would still apply upon an interstate transfer to Georgia.
Restrictions on employment and residence locations depend on date of offense. There is not a registry-based restriction against contact with children, but the person is restricted from loitering in areas where children are likely to be and from photographing children without the consent of the parent or guardian.
Georgia does not use an offense-based classification system. Georgia uses a risk-based classification using the Static-99 instrument. Low-risk registrants are eligible to petition for removal from the Georgia registry anytime after sentence completion. Moderate-risk registrants can petition for removal ten years after sentence completion. High risk individuals are not eligible for removal under Georgia’s statutory scheme; the constitutionality of that position has not been litigated. It is usually necessary to petition for removal in order to obtain classification.
Jay Reply
Posted Mar 05, 2021 at 19:39:27
I was charged in Illinois in 2007 and not convicted until 2011 of possession of child porn,a class 3 felony. sentenced to 3 years probation and lifetime registration completed probation with no issues, passed 2 polygraphs. In 2015 went to prison for 5 years for a drug case. I see where some states child porn is a 10 year registry, if I move to say Indiana, would I be able to be removed from SOR at some point? Would the 5 years spent in prison count toward the 10 years if so? Also, Illinois specifies only parks , day care , and schools are required to be 500’ of residency, I can’t find any mention of churches , would this be considered a place where children congregate even though it’s only on Sunday? If so, why then aren’t grocery stores or malls considered the same ? Thank you in advance for your feedback
Jackie Reply
Posted Mar 07, 2021 at 13:44:14
Hi- Your blogs have great insight and it’s clear you are an expert in this. I have a close relative that was recently charged in FL for a sex crime against a minor 10 years ago. At the time of his arrest he lived in Cherokee county, GA. He is now serving a 10 year sentence in FL. When he gets out how difficult will it be for him to come back to GA to live and which probation rules will he have to follow…FL or GA? Florida has a 10 PM curfew….will he ever be able to get a waiver for this and will he be allowed to travel across county lines and into other states? This was his first and only offense ever in his life and was situational. I know you’ve heard it a million times, but he’s not a predator. He’s a highly educated individual and it’s sad he will always be labeled a predator. Thank you so much for your blog and commenting on all the questions.
Sean A. Black Reply
Posted Mar 08, 2021 at 06:23:17
If he was a resident of Georgia at the time of the offense, Georgia would have no basis to object to an interstate transfer. However, he will have to wait for a travel permit and for approval of Florida and Georgia before moving back to Georgia.
If he does so, he probably ends up with the worst of probation conditions, a combination of Florida and Georgia conditions. In the transfer process, Georgia can state what Florida conditions it will supervise and it can add additional conditions.
Curfew in Georgia is at the discretion of the supervising officer; many use that discretion to set curfews earlier than 10 pm. Finding housing compliant with the restrictions can be a challenge.
Interstate travel is possible where good reasons exist, but he has to apply for permission and wait for it to be given.
Sean A. Black Reply
Posted Mar 08, 2021 at 06:24:41
I am not familiar with the Indiana registry requirements and possibilities of removal there. You would have to contact an Indiana lawyer with those questions.
Amanda Reply
Posted Mar 08, 2021 at 09:29:12
My so has ro take councilors for his sex offense. The councilor has told him he can not have sex with anyone at all will on probation is this true. He has to take lie detector tests every 2 months.she has told him that having sex or masterbating she could lock him up for 10 yrs is all this true. Where could I find this to read it all myself
Sean A. Black Reply
Posted Mar 08, 2021 at 09:58:12
I have never heard of anything like that with a Georgia sentence. He should read his sentence closely to see exactly what it says.
Mya Reply
Posted Mar 09, 2021 at 17:20:01
Hello Mr. Black,
I have been dating my boyfriend for 4 years. He is a level 1 offender for child exploitation this happened back in 2009. We don’t have any kids but I really want one. The state is Georgia and I would like to know how do he go about trying to get off the offender registry?
Sean A. Black Reply
Posted Mar 10, 2021 at 06:04:43
Any restrictions that he would have in relation to being around children or fathering a child would be as part of his parole or probation conditions. If he has completed his sentence, the restrictions from just being on the registry are only as to residence and employment location, loitering and taking pictures of other people’s children.
Mya Reply
Posted Mar 11, 2021 at 14:27:33
Ok, he has successfully served his sentence . He is no longer on probation only issue is that he is still on the registry. Does he have to get a lawyer to go about getting off the list or how does the whole petition thing work?
Sean A. Black Reply
Posted Mar 12, 2021 at 06:33:42
My recommendation is that this is something that is sufficiently difficult and sensitive that it is in the person’s interest to retain a lawyer to prepare and present the motion.
Thomas Reply
Posted Mar 13, 2021 at 01:58:56
Hi Sean, this is a followup question to a previous question I made.
1998 Conviction in Michigan. Attempt CSC 4th, listed as misdemeanor there.
I have a rough idea on how to petition. A friend who is attending law school in another state provided me with a petition he worded and set up for me. What I would like to know is about how much would it cost me to hire someone to do this. And what kind of items would I include to increase my chances of success. I really am miserable on it and am afraid of upsetting the registrar and having them issue a warrant for me, for a dumb reason. I am ok with being reached out to via email.
Sean A. Black Reply
Posted Mar 14, 2021 at 03:51:10
My general advice is to get a lawyer. Different lawyers charge different amounts for this type of work.
Randy Reply
Posted Mar 30, 2021 at 05:48:04
Hello Mr. Black,
I am considering a move to Georgia from SC. I was convicted in FL in 2002 for LEWD OR LASCIVIOUS MOLESTATION 800.04.5.C with a minor between 12-16 years of age. Have been in SC since April 2003. Have never had any other charges before or since, have completed all required counseling and had 10 year probation terminated after 7 yrs. Was wondering if it is possible to trigger registration in GA by staying temporarily for 15 or more days, then petition for removal from the GA state registry. If approved for removal, could I then establish permanent residency without being obligated to register in GA. Also, do you think that there are counties that I would stand a better chance at removal than others? Thank you for your consideration.
Sean A. Black Reply
Posted Mar 30, 2021 at 07:10:36
My sense is that you are trying to game the system in some way. I do not think that a temporary stay triggering registration for some brief period of time would sustain a petition for removal. The issue would be rendered moot by the temporary stay ending and registration ending.
There are undoubtedly counties that are more likely to follow the standards for removal than others. There is not a database of those. I do think that more populous counties are usually better on these issues.
Randy Reply
Posted Mar 30, 2021 at 08:27:27
The reason I had asked is that I may be working in the Augusta, GA area. I would be required to register in GA due to working there. If I was able to be removed from the GA registry, I would seek to permanently relocate.
Sean A. Black Reply
Posted Mar 30, 2021 at 08:38:40
I am not confident of how it would shake out on a factual and a legal basis as far as removal is concerned. A permanent move would be best followed by the petition. I do not go as far south as Augusta.
Angela Coad Reply
Posted Apr 24, 2021 at 15:58:02
I have been with my husband 18 yrs. he is due to be released from jail in NY next month due to a robbery & sexual assault charge on an adult lady not a minor. How ever the interstate transfer to GA was denied because they claim the house I own is too close to a senior citizen recreational center. the incident occurred in 2005 so he is only restricted 1000ft residential not from employment. How do they measure distance because when I google it, it’s 1056 ft plus its not for any one under the age of 18. Several feet further away from that is another center they claim children under the age of 18 congregate however it is further than the senior building & still over 1000 ft away when I drive or google it. What can we do to see if they are even correct & didn’t make a mistake? I will have to sell my house and if I have to buy again I need to know how they measure the distance so that I can do the same before I buy to comply. thanks
Sean A. Black Reply
Posted Apr 26, 2021 at 06:25:05
If Department of Community Supervision says that they will not approve the residence address, there is very little in the way of appeal. It sounds like there was a rejection by the state office, so appeal would be up to deputy commissioner or commissioner.
Measurement is from closest point of one property to the closest point of the other property.
Cassidy Reply
Posted May 13, 2021 at 13:40:12
Hello Mr. Black. – My son was convicted in March of 16 counts of possession of child pornography in Florida. He was sentenced to 5 years after accepting a plea deal. He does not have probation or parole and will leave in August 2024. He wants to move home to Georgia. Does he have to register as a sex offender here? What do I need to do to prepare him and myself for what needs to be done?
(Anyone reading this that has a son… for the love of everything holy, tell them not to have or save any pictures that are sent to them of someone under age. Delete it immediately. It has ruined his life and his future.)
Sean A. Black Reply
Posted May 13, 2021 at 13:55:18
He will be required to register in Florida, and, consequently, will have to register in Georgia when he moves from Florida to Georgia.
Wife man Reply
Posted May 30, 2021 at 14:50:31
Important question: My husband was convicted in Jefferson County in Kentucky. 7 counts 1st degree sex abuse with a 5 year old he knew. He was under the influence of mind altering meds. Non violent charges class D felonies. He signed a deal that put him on the registry for ten years. He was 19. Happened at age 18. He went to try to get off the list a year ago, age 35, and found out that a law in 2006 retroactively made him a lifetime registrant. He signed the deal in 2004. What do we do?!?!
Wife man Reply
Posted May 30, 2021 at 14:55:03
Fyi we’ll move wherever we have to to make his life easier
Wife man Reply
Posted May 30, 2021 at 14:56:15
We Will move to wherever we need to to make his life easier
Sean A. Black Reply
Posted Jun 01, 2021 at 05:33:47
Sexual offender registration is not considered to be a penalty of the criminal violation by most courts. It is considered an administrative procedure to protect the public. Consequently, attacks on the registry as an ex post facto consequence have not fared very well.
He should consult with a lawyer in Kentucky who handles sex offender cases to determine what his options are in Kentucky.
I cannot advise you on the Kentucky registry scheme.
Sean A. Black Reply
Posted Jun 01, 2021 at 05:34:55
Only if you have exhausted all options to seek removal in Kentucky should you then begin investigating the possibility of moving states and then you should be very careful about where you move both in terms of states and of the particular parts of the states.
Beverly Reply
Posted Jun 30, 2021 at 18:19:16
Dear Mr. Black,
I have a boyfriend who is a registered sex offender on probation. He is an addict. There is an awesome drug rehabilitation center across state lines about 45 minutes from our residence. He desires inpatient treatment and this is a 90 day program. What would he have to do, if anything, in Ga to be able to legally go to that particular rehab? It is on a 50+ acre farm.
Sean A. Black Reply
Posted Jul 01, 2021 at 03:19:02
His probation officer would have to approve it and since it is of that duration an interstate transfer for the period would have to be approved
Tyanna Hatton Reply
Posted Jul 21, 2021 at 16:53:17
Hello mr. Black my name is Tiana I am the alleged victim of statutory rape. If the contraceptive have not failed no one would have ever known about this. The guy they are accusing of statutory rape has been suffering for years behind this and I feel like it’s my fault. I am heavily burdened by him suffering. I have been trying to work for years to help him get removed from the registry and to help him get this off of him I am currently 30 years old this happened when I was 14 and he was 17 it was consensual. His life has been ruined and my life is also been ruined because I am burdened. I have done my research and found that there’s ways to be removed from the registry but I really need your help I did email you. He’s currently incarcerated right now for some reason. He does not have a bond and he’s freaking out. We are still good friends and I just want to help him. Being that I am the alleged victim I should be able to have control over the situation. I have been trying to contact someone to help us with this. I am currently waiting on his lawyer to call me. I’m also waiting on the chief officer in my County to call me. I’m getting ready to call the jail where he is held tomorrow I’m also going to be calling the courthouse where he was sentenced to be put in jail tomorrow. And I’m also waiting to hear back from you because I left the email. I really need your help he does not deserve to be on the registry we were kids. We were very attracted to each other and we made a mistake. I’m 30 and he’s 33 now. That’s how long this is been. How do I help him? Thank you so much
Sean A. Black Reply
Posted Jul 22, 2021 at 05:30:48
Unless there are other facts, the year after his conviction, the offense of statutory rape involving the ages you describe became a misdemeanor, which would not have required registration. Again, if that is the extent of his offenses, then he is likely eligible to petition for removal. I don’t know what new offense is alleged, but it does not sound like something that you brought about.
Tyrone Reply
Posted Jul 29, 2021 at 17:38:41
I am from Florida where I received my case in 11/03/2003 Lewd/Lasc molestation of a child age greater 12yrs old but less than 16yrs old. I tried to go to Trial with a public defender because I was broke with no job. But they offer me a plea bargain on Trial day and my public defender was scared to go to Trial and me to take the plea bargain of lesser charges Attempt to Commit Lewd and Lascivious Exhibition in the Presence of a Person under 16 years of age a 3rd degree felony. The plea bargain was 11 months and 29 days jail time and 2yrs sex offender community control and 3yrs sex offender probation. But my probation violated me in my fifth month for not making it home on time because my car broke down. So the judge sentenced me too 15months and 8 days for the violation. I completed it in 2005 and have been registering ever since. But I bought a house in Ray City, GA but the sheriff deputy comes by my house every month to sign a Form. They did not do that when I live in Atlanta GA . I live in Lanier County is this Legal or are they Violating my Civil Rights and I am a Totally Disabled Army Veteran. Can you help me Sir!!!
Sean A. Black Reply
Posted Jul 30, 2021 at 06:01:01
Each county Sheriff has some discretion on how they oversee the registration process. I cannot say unequivocally that the process that you describe violates your constitutional rights.
The facts you describe about the original conviction and the sentence suggest that you may be eligible to petition for removal from the Georgia registry. Because yours in an out-of-state conviction, the petition would be filed in the Superior Court of the county of your residence. That is not a county that I travel to, but I recommend that you consult with a lawyer who does handle these types of cases in that county.
Richard Stepp Reply
Posted Aug 31, 2021 at 09:40:57
I need to ask you a question sir. Mr. Black, my name is Richard Stepp and had a case from 2002 that I was framed for. I’m not even leveled yet and haven’t been in 19 years. I did a non-mandatory sentence but serve the whole ten years as I denied my parole six times. Besides I should be given a break cause I have no other charge like that and I wish to be taken off the registration is bothering me cause I’m tired of looking over my shoulder for something that I didn’t do. Is there any advice or documentation you can give me at any point of time. I would like to be removed from the registration sir and have my life back on track…. Thank you for taking your time in reading this request.
Sean A. Black Reply
Posted Sep 01, 2021 at 05:51:12
I have sent you a referral by email.
Ryan Bond Reply
Posted Sep 15, 2021 at 20:14:47
Hi Mr. Black. I have read quite a few comments on this page and you are definitely clarifying quite a bit. However….I do have a question myself. I was charged with Statutory Rape (in MA) as a juvenile (under 18). My record was sealed and had to register as a level 1 in 2008. My career would move me to GA/FL. I am also in process of being removed from SORB in MA and terminating my registration. If i indeed am successful, will I have to register in GA even though I have a sealed record and would possibly be off the Registry? Florida pronounces that I would have to re-register however couldn’t find anything in GA.
Sean A. Black Reply
Posted Sep 16, 2021 at 05:35:29
You should not move to Georgia prior to completing the removal process in Massachusetts. That removes your obligation to register in Massachusetts. So, at the time of a move to Georgia, you would not be required to register since the obligation to register in the originating state is what triggers the requirement for a nonresident moving to Georgia to register here. Florida is horrible, but I cannot advise you on their registry laws beyond that comment.
Chris Reply
Posted Oct 11, 2021 at 19:32:35
I was convicted of criminal attempt to commit rape in 2012 and have been on parole since 2020. I am compliant with the rules, i work as a local truck driver and regularly attend my counseling sessions. I have had no problems up to date. I have also recently bought a new home. I’m dating a wonderful woman who is a nurse and we want to get married however she has a ten year old daughter. My PO said i could request a sentence modification since my offense was a low level and didn’t involve a minor. Do you think this request would be successful? The lawyer i spoke to charges a $5000 fee for the filling. We love each other very much and would be devastated by a negative decision.
Sean A. Black Reply
Posted Oct 12, 2021 at 05:20:27
Everything that you say sounds positive. It is important that your PO is aware of the relationship, because most sex offender sentences include a condition that requires approval from the PO before beginning a relationship with someone who has a child (even if they do not have primary custody or even visitation).
Unknown Reply
Posted Oct 14, 2021 at 15:28:06
Good evening sir, I ave a question. I was convicted of indecent recording. The conviction was this year. I have served all mandatory jail time. The requirement to register in GA was due to me being convicted in the military. Is there anyway I can petition the courts for removal. The only thing stoping me from retaining employment is the registry being on my background. I was not given any other requirements when I went to the sheriffs department and was told of no restrictions. I am a little confused on the whole deal honestly and would like some guidance so I can return to a normal life. I have no prior convictions and my charge did not involve any minors.
Sean A. Black Reply
Posted Oct 15, 2021 at 06:01:32
Did your sentence include any type of probation or supervised release. If you have completed all requirements of the sentence, then you can explore petitioning for removal from the Georgia registry. I do not handle cases as far south as you are. You would probably look for a lawyer in the Savannah area.
Private Reply
Posted Nov 10, 2021 at 13:18:14
Yes sir, I just had a few questions for you. I was sentenced under first offenders act for statutory rape I was 24 at the time. I know usually that crime at that age is not aloud to use it but they sentenced me under O.C.G.A 17-10-6.2 section c. So my question is as it true using that subsection they can allow me to use first offenders? And if so when my first offenders is complete in two years will I automatically get removed from the registry or will I still have to petition? I have already been classified as a level 1
Private Reply
Posted Nov 10, 2021 at 15:00:29
I was charge with statutory rape at 24 but under 17-10-6.2 subsection c I was given 20 years probation set to terminate after 5 with no violation under first offenders. My questions are using that subsection c can they give me first offenders or is it a mistake? An does having first offenders mean I automatically get removed from the registry after I complete my five years or do I still have to petition to get off of it?
Private Reply
Posted Nov 11, 2021 at 08:13:45
I was sentenced in 2019 for stat rape to 20 years probation with termination after five years pending no violations under first offenders. Using 17-10-6.2 subsection c I met the requirements to lower sentence. I was 24 at the time. My questions are using that same subsection allow them to give me first offenders or is that a mistake? An if so when my first offenders is completed do I get removed from the registry or do I still have to petition? An what do you think the chances of winning petition considering the first offenders and everything.
Sean A. Black Reply
Posted Nov 11, 2021 at 08:14:11
I am not going to say that this tactic will not be successful, but I will say that it is fairly expansive reading of a subsection which allows departure from the mandatory minimum incarceration provisions for non-disqualified sexual offenses.
Sean A. Black Reply
Posted Nov 11, 2021 at 08:15:10
If the first offender is valid and recognized, one would want to make sure that the discharge and acquittal was transmitted to GBI to GCIC to assure removal from the registry.
Sean A. Black Reply
Posted Nov 11, 2021 at 12:07:29
You cannot petition for removal until the sentence is complete. If the first offender act disposition is successful and accepted, then it should not be necessary to file a petition for removal. If there are issues about the first offender status, you need to consult with a lawyer knowledgeable about these issues and the particular court involved.
Mariah Reply
Posted Nov 17, 2021 at 22:52:42
Will Georgia extradite from Ohio for a first time failure to register? The person resides in Ohio and is being held in Ohio awaiting Georgia
Sean A. Black Reply
Posted Nov 18, 2021 at 05:31:21
I would say it is pretty likely, but it depends a lot on the individual county sheriff.
Breanna Reply
Posted Nov 19, 2021 at 10:32:33
Does an HOA in GA have the legal authority to decide that an individual who is on the SOR can’t reside in their neighborhood if no registry requirements are being broken?
Sean A. Black Reply
Posted Nov 22, 2021 at 05:50:54
I have never reviewed a HOA agreement in Georgia that gave that level of say-so. On the other hand, many such developments contain parks or pools or other amenities which might be argued fall within the definition of areas where minors congregate.
Anonymous PA Reply
Posted Dec 02, 2021 at 13:41:38
Mr. Black,
Thank you VERY much for making all this practical Q&A available on your website! It took me all night to read the comments on this page, going back all the way to 2015… wow!
I pled guilty in 2019 to Unlawful Contact/Communication w/a Minor here in Pennsylvania, served 1 year in County Jail, completed 1 year of parole, and am now classified as a Tier II (25-year) PFR with just a couple years left to go on probation. I’ve been evaluated as low risk and my offense had no underlying force, restraint, weapon, transport or anything like that. PA has no path to removal from the registry for Tier II’s (only lifetime registrants can petition for termination, and then only after 25 years).
My problem is that, even after completing probation, I can still never live with my kids, or even ever be alone with them, as long as we live here in PA. No one on the registry here is ever allowed to be alone with a minor — it is a felony child abuse crime for anyone to leave a minor unsupervised with a registered sex offender. PA had their residency and employment restrictions struck down, but this is basically a parenting restriction, with no due process… We are still married, and I have supervised visitation, so am allowed to see my kids, and our family is now trying to heal from my terrible mistake, but I am forced to live alone, just a guest in their home that I own. We are considering moving to Atlanta after I am off probation as there is work for me there (though no family ties to Georgia), and after reading this page, it sounds like I could possibly petition for removal from the registry in GA.
My question though is this: many years earlier, as a teenager, I also pled no-contest to an indecent exposure charge (with a stranger who was a minor), and was sentenced to a couple years of unadjudicated probation and treatment, which I completed back then with no problems.
But will this earlier offense be considered by Georgia to violate the “No relevant similar transaction” requirement for being considered for removal from the GA registry?
Thanks in advance for any insights you might have!
Sean A. Black Reply
Posted Dec 03, 2021 at 04:04:36
The unadjudicated youthful offense should not show up as a conviction. That said, the best thing is to get a full criminal history to see what shows up.
Anonymous PA Reply
Posted Dec 12, 2021 at 12:04:25
It shows up TWICE! When they pulled up my rap sheet (from a distant southern state where I grew up) this incident appears once as an arrest (for the original charge) on the date and in the town where the incident occurred. Then there is a second entry months later, for the indictment (slightly different charge) in the county court, which LOOKS like another arrest in the county seat! Neither my public defender here in PA, nor the sentencing court seemed to believe me when I explained these two “apparent arrests” on my criminal record were a single incident. It was clear there was no conviction, but the judge cited my “multiple priors” when sentencing me more time (1 – 2 yrs) than the standard range (3 – 12 months) for the statute I pled to.
Any idea who I can contact to get that fixed??
Also, just to be clear, I was “youthful” and a teenager but not a juvenile — I was 19 at the time…
Thanks again!
Sean A. Black Reply
Posted Dec 13, 2021 at 06:30:29
It would be hard to say without reviewing your official criminal history and the docket report for the questioned case in the county where it was pending. That said, you would probably need someone in or close to the county involved.
Anonymous Reply
Posted Apr 01, 2022 at 14:37:00
My question is this: I am no longer required to register in NJ and would like to move to GA would I be required to register there or no since I am released from Megan’s law
Sean A. Black Reply
Posted Apr 03, 2022 at 09:29:28
In general, if you are a nonresident of Georgia who has a sex offender conviction from a state other than Georgia and you are not required to register in your home state, then you will not have to register in Georgia if you move to Georgia as a permanent resident.
Thomas Reply
Posted May 07, 2022 at 23:35:42
In my state of conviction I was eventually listed as a tier 2, misdemeanor offender. Required to register for 25 years.
Conviction Date: 10/29/1998.
30 Days in Jail, released 11/21/1998 (23 days served).
Final Disp: Pled Guilty to "Attempt-Misdemeanor Criminal Sexual Conduct – 4th Degree – (Force or Coercion).
So my question is this… if Michigan sends me a letter informing me I no longer have to register, is that good enough to be released in Georgia?
Bottom line, I am stuck living with my parents, as I have barely worked. As most employers can discriminate against hires based on registry status, and my registrar at my county sherriff’s office intends to call any employer I attempt to apply for, finding a job is a nightmare.
Sean A. Black Reply
Posted May 12, 2022 at 07:23:48
So, a misdemeanor is not normally registerable in Georgia. You were likely told that you were required to register because you were required to register in your state of origin.
There are two alternatives: a declaratory judgment action that you should never have been required to register or a petition for removal.
I lean toward the petition for removal at this point. With that level of offense, you should not be found to pose a substantial risk.
Michigan’s letter may help in that process, but it does not allow you to be removed automatically.
Private Reply
Posted May 13, 2022 at 13:08:16
I am on first offender sex offenders probation for statutory rape. I was sentenced to 20 years probation with terminate after 5 no violations. I have paid all money and have been in perfect standing with probation. My question is would I be eligible for early termination? I have served 3 years 3 months of my sentence and was going to get a lawyer to file it for me.
Sean A. Black Reply
Posted May 17, 2022 at 06:20:51
There is no law that prevents you from seeking or obtaining early termination. Many judges want to see the person serve at least half the sentence on this type of case before considering early termination. As well, the way you describe it, they built an early termination into the sentence for five years.
John Reply
Posted May 19, 2022 at 12:08:10
Newton County Sheriff’s Dept. is saying that the law is based upon date of arrest/conviction, not on date of commission of offense for distance restrictions. From what I’m reading on your web site, it’s based on commission. How can I resolve this?
Sean A. Black Reply
Posted May 20, 2022 at 06:44:31
There are three statutes setting distance restrictions based on date of offense, which creates four time periods.
Prior to June 4, 2003 – there is not statutory distance restrictions on employment or residence.
June 4, 2003 through June 30, 2006, is covered by OCGA 42-1-17.
July 1, 2006 through June 30, 2008 is covered by OCGA 42-1-16.
July 1, 2008 through the present and continuing is covered by OCGA 42-1-15.
But, as for your question, let’s look at OCGA 42-1-17 for example:
This is the title of the statute:
§ 42-1-17. Restrictions on residence of or loitering by registered sex offender for acts committed between June 4, 2003 and June 30, 2006; employment of sexually dangerous predator; civil liability or criminal prosecution of entity other than individual required to register
Note that the title of the statute itself lays it out that it is based on the date that the acts were committed.
Subsection (b) which sets the residency restriction uses this language: “Any individual who committed an act between June 4, 2003, and June 30, 2006, for which such individual is required to register shall not reside . . .”
So, again, the language of the statute ties it to the date that the act was committed. Nowhere in the statute is a reference to date of conviction.
The whole purpose of using the date of commission instead of the date of conviction is to avoid an ex post facto problem.
Since, I think it is very much not in your interest to be personally adversarial with the registration official, I do not suggest slapping a copy of the statute down on his/her desk and saying “can’t you read.” Your best bet is to see if you can get a local attorney to write a letter putting them on notice of the statute’s language.
Betty Reply
Posted Nov 23, 2022 at 03:12:44
I 2019 a warrant was issued for my grandson for 3 charges of a sexual natural and indicted in August 2021. He plea in October 2021 to sexual battery on a under the age of sixteen, this was so he could get on with his life. He pled under first offender 5 years probation with 3 years Behavioral Incentive Date. Georgia has that he has to register for life. It was our understanding that it was only while on probation. He has moved to another state and God has blessed him with a good life. He has complied with all requirements and passed to lie detector test. How do we get the issue in Georgia corrected, the other state will follow. Thank you in advance for any direction.
Sean A. Black Reply
Posted Nov 23, 2022 at 06:51:41
The move to another state may complicate things. When he did that, he registered in that state, becoming subject to their registration laws. Hopefully, it was not Florida, which leaves people on their registry even if the person is no longer a resident of the state.
There are two choices: stay in the other state or move back to Georgia before the three year BID is complete. I think that moving back to Georgia before the BID is complete is the best option if it can be done.
If he is a resident of Georgia and registered here and he successfully completes probation through the BID, he should be submitted for early termination of probation and discharge and acquittal pursuant to the first offender act plea. If granted discharge and acquittal, he would not be required to register in Georgia at that point.
If he is not a resident of Georgia when that happens, then his obligation to register in Georgia, should he move back here, is extinguished, but his continued presence on the other state’s registry will be determined by their laws which should but will not necessarily lead to his removal from that registry.
Latoya Bell Reply
Posted Dec 29, 2022 at 12:19:50
Hello Mr.Black
My boyfriend is being charged with VIOLATION COMPUTER PORNOGRAPHY AND CHILD EXPLOITATION PREV ACT, CHILD 14 OR OLDER, DEF 18 UNDER 16-12-100.2©(3) and CRIMINAL ATTEMPT TO COMMIT A FELONY- 16-4-1 16-4-1. He was contacted by his public defender yesterday and was advised to take a plea and they are willing to drop charge 2 and keep charge 1, which is listed as a misdemeanor. Correct me if I’m wrong. If it’s a misdemeanor he’s not required to register correct? Please help me. I’m trying to talk him into getting a lawyer.
Sean A. Black Reply
Posted Dec 30, 2022 at 07:27:49
OCGA 16-12-100.2©(3) has some pretty strict qualifications. If that is the plea offer, it is to a misdemeanor, and misdemeanors do not require registration as a sex offender under Georgia law. If he happened to be a resident of a state other than Georgia, that question would need to be examined under the laws of his state of residence.
william Reply
Posted Jan 21, 2023 at 19:52:10
i was convicted of a level 1 sex offense in 2018 and my girlfriend was convicted of a felony drug charge 13 years ago but she hasn’t done drugs since. Can we legally live together? Also i live in a motel and they’re putting a pool across the street at a subdivision. Do I have to move?
Sean A. Black Reply
Posted Jan 23, 2023 at 09:09:24
Unless one of you is on unexpired probation or parole which has conditions which would keep you from being together, your status on the registry, by itself, would not keep you from cohabiting.
Your question about the pool is a tough one. OCGA 42-1-15 is the applicable statute for restrictions based on conduct occurring on or after July 1, 2008.
Subsection (e) is the section that deals with registrant was there first. It requires that if a use begins within the prohibited distance after the registrant is already in place, then the person cannot be prosecuted if they can prove ownership or leasehold of the property. The nature of a hotel stay, even extended stays, may not be treated the same as a lease. I cannot see that the issue has been addressed by Georgia courts yet. A leasehold typically means that you have a written lease which authorizes your occupancy at that location.
The other thing is that I cannot tell you that a motel swimming pool qualifies to cause any issue. The term “area where minors congregate” is defined in OCGA 42-1-12(a)(3) and includes “public and community swimming pools.” I do not think that a motel swimming pool is either a public pool or a community pool. I cannot tell you how law enforcement or prosecutors in that county may read the statute.
Antjony Reply
Posted Apr 03, 2023 at 05:01:24
I am a registered sex offender from Ohio under the Meghan’s law I’m an orient offender (lowest level) with a 10 year registration period. I plan to visit Georgia for three days will I have to register? I seen your previous comments I’m just making sure the under 14 day law is still accurate. Also I’m about to finish my registration period if I were to move to Georgia once I’m removed will I have to register? Thank you
Sean A. Black Reply
Posted Apr 03, 2023 at 07:31:40
As long as you are under 14 continuous days and under 30 days for a calendar year, then you do not have to register in Georgia for a short trip. You may have to notify your registration state before traveling out-of-state, depending on that state’s requirements.
If you are removed from your state’s registry, then you would not be required to register in Georgia for future visits or relocation, so long as your original conviction was not from Georgia.
Aaron Reply
Posted Jun 27, 2023 at 06:38:44
My fiance was charged with false imprisonment, and cruelty to children in the third degree in 2014. She was convicted of the false imprisonment charge in 2015 but the cruelty to children charge was dropped.
She spent a majority of her sentence on probation not having to register. But the last year of her sentence she was incarcerated due to a failed drug test. Upon her release from prison she was told that she had to register even though she did not have to for the 7 years she was on probation.
Is this even legal?
Sean A. Black Reply
Posted Jun 27, 2023 at 06:53:35
Without the sentence and the charging documents, I cannot say for sure. I can say that false imprisonment of a minor under the age of fourteen years (for that incident date range) would trigger registration.
Ronnie Reply
Posted Jul 12, 2023 at 09:42:51
I was wondering if my house still fall under the new laws of 571. My house was purchased before Governor Purdue made 571 law. Purchased date was April 19, 2010 and the law was past May 20 , 2010
Sean A. Black Reply
Posted Jul 12, 2023 at 10:51:53
A lawyer would need to look at the specific facts of your case to evaluate the applicability of that law. That law is still good law. I am a little confused as to how the issue has not been reached or resolved since 2010.
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