CRIMINAL: Registration for criminal offense against a minor: GULLETT V. COM (COA 9/19/2008)

GULLETT
      V. COM
      CRIMINAL:  Registration for criminal offense against a minor
      
2007-CA-002130
PUBLISHED: AFFIRMING
      PANEL: BUCKINHAM PRESIDING; CAPTERTON, STUMBO CONCUR
      COUNTY: FAYETTE
      Date Rendered: 9/19/2008

      

Roger Gullett pleaded guilty in the Fayette Circuit Court to criminal attempt to commit sexual abuse in the first degree, a misdemeanor.  The court sentenced Gullett to 12 months in jail but probated the sentence for two years on various conditions. Gullett moved the court that he not be required to register as a sex offender. Concluding that Gullett had been convicted of a sex crime, the court denied his motion and required him to register as a sex offender “because of the age of the victim.” Kentucky Revised Statutes (KRS) 17.510(6) states in pertinent part as follows:
      
      Any person who has been convicted in a court of any state or territory, a court of the United States, or a similar conviction from a court of competent jurisdiction in any other country, or a court martial of the United States Armed Forces of a sex crime or criminal offense against a victim who is a minor . . . shall comply with the registration requirement of this section[.]
      
      KRS 17.500(5)(a) states: The definition of “registrant” includes Any person eighteen (18) years of age or older at the time of the offense or any youthful offender, as defined in KRS 600.020, who has committed:
      
      1. A sex crime; or
      
      2. A criminal offense against a victim who is a minor[.]
      
      Gullett was required to register, not because he committed a sex crime, but because he committed a criminal offense against a victim who is a minor.
      
      
      Digested by Scott C. Byrd www.olginandbyrd.com
      

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