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Will Judge Kent have to Register as a Sex Offender?

By Corey Rayburnyung

While people are asking if Judge Kent is getting off easy, I think it is relevant to consider whether he will be subject to the registration requirements of the AWA after he is released from prison. Since Judge Kent took a deal as to the obstruction charge and not the sexual assault charges, he might think he won't be required to register as a sex offender. However, that question is far from settled. Importantly, Judge Kent was indicted under 18 U.S.C. 2241. The express terms of SORNA provide that a crime under 2241 yields a Tier III classification. The 9th Circuit, in U.S. v. Byun, adopted a non-categorical approach to interpreting what constitutes a "sex offense" for SORNA purposes. The result means that in the Ninth Circuit, obligation to register is determined on a case-by-case basis by looking at whether the underlying conduct of the crime was of a sexual nature (within the other limitations of the AWA)...continue to full post

Full post as published by Sex Crimes on February 24, 2009 (boomark / email).