Georgia law sex offender sentencing and laws

Skip to main content. For purposes of this Code section, the term shall not mean a post office box.

General Questions

A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall be subject to the registration requirements of this Code section for the period of time prior to the defendant's discharge after completion of his or her sentence or upon the defendant being adjudicated guilty.

Same rule applies to out of state juvenile offenders. Tier I offender may petition for 5 year reduction of term after 10 years. Pardon does not provide relief from registration requirement, which is regulatory. See Nev. Atty Gen. Sealing of adult convictions not available for sex offenders. If not aggravated sex offense, court may exempt from or waive registration requirement if it finds by clear and convincing evidence that the child is not likely to pose a threat to the safety of others.

Juvenile registration terminates at 17 years or until jurisdiction of juvenile court is terminated.

Section - Punishment for sexual offenders, Ga. Code § | Casetext

Tier II offender may petition for relief after 15 years; tier I offenders after 5 years. Doe v. State, N. NJ Life. Certain offenders ineligible. See N. Pardon may or may not relieve obligation to register, but wording of relevant statute suggests it does not. Recidivist sex offenders not eligible. By policy, sex offenders are not eligible for pardon. Pardon relieves registration obligations. Conviction that has been "set aside" not subject to registration. Level 2 termination: Must prove by clear and convincing evidence that his or her risk of repeat offense and threat to public safety is such that registration or verification is no longer necessary.

Juveniles: earlier of 18 years old or termination of juvenile court's jurisdiction. Implication that ordinary pardon does not. Sex offenses not eligible for expungement. Relief must comply with standards upon which federal funding is conditioned. Registration required for deferred adjudication. ORC Ann. Pardon may relieve registration, but no authority on point. Public registry-qualified juvenile offender registrants may petition for termination after 25 years.

Level 1 offenders may petition for termination after 10 arrest and conviction-free years. Out of state offenders: Registration not required for expunged out-of-state conviction. Youthful offenders convicted of certain rape offenses that are not more than 4 years older than victim may petition for relief at sentencing or any time thereafter.

Level 1 offenders: No arrest or conviction for any felony or misdemeanor within preceding 10 years. Youthful offenders: No other conviction for offenses to which relief applies. Youthful offenders: Relief must not conflict with federal law. OR Life.

Not available for predatory sex offenders. Level 1 offender: May petition for relief after 5 years at level one classification. Court considers entire criminal history. Court considers all past criminal conduct. Juvenile offenders: Court considers entire criminal history. Thereafter, offender bears burden of proving eligibility.

Level 1 offender: Clear and convincing evidence that petitioner is statistically unlikely to reoffend and does not pose a threat to the safety of the public. No early termination of registration requirements available for adult offenses, other than pardon. See Commonwealth v. See In re: J. Juvenile offenders: Clear and convincing evidence that allowing the petitioner to terminate the obligation to register is not likely to pose a threat to the safety of any other person.

In case of a juvenile, "the court shall assess the totality of the circumstances of the offense and if the court makes a finding that the conduct of the parties is criminal only because of the age of the victim, the court may have discretion to order the juvenile to register as a sex offender as long as the court deems it appropriate to protect the community and to rehabilitate the juvenile offender.

Georgia Sexual Assault Laws

SC Life. Pardon does not result in removal from registry unless granted for innocence "based on a finding of not guilty specifically stated". SD Life. Offenders of any tier may petition for exemption from community safety zone restrictions only after 10 years.

#13Investigates: Georgia sex offender laws

Not available for offense against child under Pardon may relieve registration obligation, per specific provisions in pardon regulations. Tier I juvenile and youthful offenders convicted of certain age-based offenses may petition for termination after 10 years. All relief other than deferred adjudication : Not available for recidivist sex offenders. Court considers full criminal record. Community safety zone restrictions: Court must find that petitioner is not likely to offend again. Pardon: Board may require psychosexual evaluation.

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TN Life. Non-violent offenders may petition Tenn. Bureau of Investigation for termination after 10 years if victim was not 12 or younger. Certain violent juvenile offenders may petition for relief at age 25 if victim was not 12 or younger. Violent juvenile offender: No subsequent sex offense conviction. Code Crim. Juveniles including those tried in criminal court : 10 years. Does not apply to registration as condition of community supervision. Pardon relieves obligation to register only if granted for innocence.

Sex offenses are ineligible for sealing following deferred adjudication. Certain youthful offenders may petition for relief at sentencing or any time thereafter. Juvenile offenders may move for relief at any time. Juvenile records may not be sealed until obligation to register is terminated.

Termination after minimum federal period: Court has full discretion. Determination based on individual risk assessment. See art. Must prove that offense qualifies under federal schedule. Juveniles: Court must determine that protection of the public would not be increased by registration, or increase in public protection is clearly outweighed by anticipated substantial harm to offender or their family.

Utah Code Ann. Juveniles: 10 years. Expungement does not provide relief.

Georgia’s Sex Offender Registry. Part I: Registration Requirements

Must complete all ordered treatment. No general provision for early termination.

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Registration obligation terminates after completion of deferred sentence agreement. Expungement terminates registration obligation. CVR , 3.