CRIMINAL – Sex offender registration: Dever v. Commonwealth (COA 1/9/2009)

Dever v. Commonwealth
2009 WL 50164

Opinion by Judge Clayton; Judge Moore concurred by separate opinion; Judge Taylor concurred in result only.

The Court reversed and remanded with direction a judgment of the circuit court requiring appellant to register for lifetime as a sexual offender.

The Court first held that the issue was preserved by appellant when he raised the application of the statutory exception in KRS 17.500(2)(b) in his motion to amend the judgment.

The Court then held the circuit court erred in imposing a lifetime registration requirement as the exception in KRS 17.500(3)(b), which exempted from lifetime registration conduct by a person under the age of eighteen that is criminal only because of the age of the victim, was applicable. Although the
information appeared to have been premised on forcible compulsion, the plea offer and plea hearing did not mention forcible compulsion as the basis for the charges. This removed appellant from the application of KRS 17.520(2)(a)(4), requiring lifetime registration. The Court remanded with direction for the circuit court to require appellant to register as a sex offender in accordance with the version of KRS 17.520 in effect at the time he committed the offenses.

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