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daveburton

Junior Member
What is the name of your state?I have a family member who was convicted of sexual assult on a child. This person was serving in the Marines at the time, and was sentenced to 6 years in a military prison in Kansas. He is now living in the state of Virginia, and I frequently see him around small children in his neighborhood. I checked the Virginia Sex offender List online, and he is not on it. My question is, If a person is convicted in military court, shouldn't they still have to register? He got out in 1996 and moved from Kansas to Maryland, and now lives in Virgina. He now has a live in girlfriend, who teaches small children, at a public school. I would like to know if he should be registered, and what I should do. Any information would be appriciated.
 


badapple40

Senior Member
What does Virginia's sexual offender registration law require? I'm not looking it up -- but I can tell you if you post it for me whether the military conviction applies.
 

fozzy2

Member
This will probably depend on the specific crime which he was convicted of, and how it translates into equivalent Virginia statutes. I didn't read the law (Chapter 9 of Title 9.1 Code of Virginia) but a digest of offendor registration systems says that Virgina divided registrants into two categories, Violent Offendors and Non-Violent Offendors. Only Violent Offendors are listed in the States on-line registry, and Non-Violent Offendors must only register for "10 years" (presumably from end of sentence). The term "sexual assault" encompasses a wide variety of offenses of varying degrees, and defiinitions vary depending on jurisdiction. It seems possible that the offense did not qualify as a "Violent" offense under Virginia statutes though a 10 year sentence seems indicative of a more serious case. That would mean he would not show up on the internet registry, which is only for violent offendors. He would be in the state database, however, available to law enforcement and for background checks, etc. However, it seems that if he is indeed considered non-violent then sometime in 2006 he wouldn't have to register. ( Registration in Va. applies to people convicted or serving on/after July 1 1994 - so he seems to meet that requirement).

Or, it is possible he simply isn't meeting registration requirements. That is common.
 

Armycop

Junior Member
Was he convicted in military court? If so, then his conviction was a federal one, which means he must register with the state he resides in, regardless of the states' laws.
It could be he isn't abiding by his parole requirements; happens all the time.
 

badapple40

Senior Member
Armycop said:
Was he convicted in military court? If so, then his conviction was a federal one, which means he must register with the state he resides in, regardless of the states' laws.
It could be he isn't abiding by his parole requirements; happens all the time.
That is nonsense. While the conviction is a federal one, how it is treated under state law is governed by state law. Virginia may or may not require his registration under its laws, and sexual offender registration requirements vary from state to state.
 

Armycop

Junior Member
So if he's convicted, in federal court, of say, 18 USC 2252 (a or b, your choice), does 5 years in Kansas, then moves to another state, that state's sexual offender registration laws take effect? Federal law says he must register (for this offense anyway); state law supercedes federal law?
 

fozzy2

Member
The devil here may be in the details. The original post asked about not being able to find the offendor listed in an on-line state database. Requiring registration and making registration lists public are two different things. There are variations in how the states implement the general directives set out in federal law. Among those variations are how and when certain information is delivered to the public. There may be people who have to register (i.e. report to state and have their data forwarded to FBI) but who do not necessarily get listed on a public-access database.

For example, I've recently read a report that says here in Texas as many as 1/3 of the addresses listed in the on-line system are incorrect. Now, what happens when I move into an apartment that a sex offendor *used* to live in? In practice you should check to see if your address is mistakenly included, and if it is then take the "appropriate measures" to prove to the state (YOUR burden of proof) that the sex offendor doesn't live there anymore. Hmmmm, "reputation theft"? ( just something to think about )

And of course it should be pointed out that the states are free to ignore the federal requirements. Provided, of course, that they are willing to forego some federal funding.
 

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