South Carolina Supreme Court Reverses Sex Offender Registry Violation

August 05, 2012 (Press-News.org) Like other states, South Carolina requires people convicted of sex crimes to register as sex offenders. This life-long duty is imposed for felonies ranging from sexual assault and rape to child pornography possession and indecent exposure.

The best way for many accused defendants to avoid a lifetime of sex offender registration is to defeat charges by presenting an aggressive criminal defense. In addition to a life of lost privacy and a badge of shame, registration as a sex offender brings constant legal oversight and the potential for further criminal consequences should a person fail to promptly report.

Under South Carolina's Sex Offender Registry Act, sex offenders must register twice every year: during the birthday month as well as six months later. This requirement applies in every county where the convicted sex offender resides, owns property, works or attends school. Individuals who are classified as sexually violent predators under South Carolina law or as Tier III offenders under federal law must register every 90 days.

Changes to South Carolina Sex Registration Can Lead to Confusion and Criminal Charges

A case recently decided by the Supreme Court of South Carolina involved a conviction for failing to timely register for previously committed sex crimes. In State v. Binnarr, the court considered whether a convicted sex offender must have actual notice of the registration mandate to be held accountable for failing to register in a timely fashion.

The defendant had been convicted in 2002 of third-degree criminal sexual conduct, a crime that triggers the registration requirement. At the time of his conviction, sex offenders were required to register annually. In 2006, the law changed to the current biannual registration requirement.

When the defendant registered in February of 2006, he was provided with a form that told him to register again in February of 2007. Several months later, the new law went into effect, and the defendant was legally required to register again in August of 2006.

After he neglected to update his sex offender registry status, he was arrested, indicted and convicted for failure to register. A first-time offender can be fined up to $1,000 and sentenced for up to a year.

The defendant appealed the conviction, based his claim that he did not receive notice of the change in the law and the Charleston County Sherriff's Office's admission that it could not confirm delivery. While the Court of Appeals determined that notice was not required in affirming the conviction, on further appeal the Supreme Court held that defendants must have actual notice of sex-offender reporting requirements before they can be convicted for violating the statute that requires a sex offender to register.

Defending Against South Carolina Sex Crimes Charges

As popular as the so-called "Megan's Law" provisions are in the states where they have been implemented, these strict sex crime registry mandates are still subject to Constitutional principles such as the fundamental right to due process. Because the sex offender registration process has a significant impact on personal liberties, state courts must now require actual notice of changes to registration requirements before allowing imposition of fines or incarceration.

Several other Constitutional rights have important implications in sex crimes cases, including a defendant's right to be confronted by his or her accusers and prohibitions against unreasonable search and seizure of computer equipment or other evidence. Being named in a case involving prostitution, solicitation of a minor, statutory rape or lewd acts can have an immediate and devastating effect on a person's reputation in the community, and sometimes an aggressive criminal defense is required.

By articulating a client's rights in the face of a legal system that takes these crimes very seriously, a South Carolina sex crimes defense attorney may be able to head off the effects of overzealous prosecution and unfair applications of the law. Because sex crimes registration is one of the strictest consequences in the criminal code, an accused sex offender must often assert every last legal option to secure a just result.

Article provided by Monckton Law Firm, P.A.
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