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Sex Offense by Registered Sex Offender Is Offense, Not Sentencing Enhancement

By Jonathan Byrne

US v. Beck:Beck, already a registered sex offender, was charged with multiple counts arising from the abuse of a minor, including the production of child pornography and doing so while required to register as a sex offender. Beck pleaded guilty to both charges (others were dropped) and was told that the district court was required to imposed the 10-year mandatory sentence on the sex offender count consecutively to whatever sentence was imposed on the production count. The district court imposed the statutory maximum 40-year term on the production count, plus the ten years. After remand because there was no consecutive requirement the district court reimposed the same sentence.The Fourth Circuit affirmed Beck?s sentence in a second appeal. This time, Beck argued that the statute under which the sex offender conviction was sustained, 18 USC 2260A, does not actually state an offense at all ? it was merely a sentencing enhancement...continue to full post

Full post as published by Fourth Circuit Blog on May 04, 2020 (boomark / email).