Criminal – sex offender registration: Hamilton-Smith v. Commonwealth (COA 4/03/2009)

Hamilton-Smith v. Commonwealth
2007-CA-002110 04/03/2009 2009 WL 874780 Released for publication

Opinion by Judge Clayton; Judges Acree and Keller concurred. The Court affirmed an order of the circuit court requiring appellant to register as a sex offender for a period of twenty years after he pled guilty to one count of possession of matter portraying a sexual performance by a minor, in violation of KRS 531.335. The Court held that because appellant committed a criminal offense against a victim who was a minor, which included any offense involving a minor or depiction s of a minor as set forth in KRS Chapter 531, he was required to register pursuant to KRS 17.510.

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