Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: ArmstedFragg

that law stinks if I understand it correctly. It all boils down to if one was ever charged with a serious crime, they must register.


255 posted on 08/04/2004 1:12:52 PM PDT by fooman (Get real with Kim Jung Mentally Ill about proliferation)
[ Post Reply | Private Reply | To 252 | View Replies ]


To: fooman; Howlin
There appears to be an out in the text of the statute:

(II) If a person is originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (c), the court may accept a plea agreement to an offense that does not constitute unlawful sexual behavior only if:

(A) The district attorney stipulates that the underlying factual basis of the offense to which the person is pleading guilty does not involve unlawful sexual behavior; or

Seems to me the DA could go in there and claim that hte underlying factual basis of the simple assault offense was not unlawful sexual behavior, but was something else -- he merely stuck her with force and it had nothing to do with sex or something.

262 posted on 08/04/2004 1:18:48 PM PDT by GAGOPSWEEPTOVICTORY
[ Post Reply | Private Reply | To 255 | View Replies ]

To: fooman
It all boils down to if one was ever charged with a serious crime, they must register.

That's close. Actually, if one is charged and the DA agrees the facts don't constitute a sex crime, then registration is not required.

A plea here is going to involve some heavy tap-dancing being done by all. Or maybe this'll go the dismissal route.

275 posted on 08/04/2004 1:23:23 PM PDT by ArmstedFragg
[ Post Reply | Private Reply | To 255 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson