Sex Offender Registration Act and Lifetime Registration Requirement

Court: 
Supreme Court
Case Number: 

2019-SC-0201-DG

Case Status: 
Published Case
Rendered Date: 
Thursday, February 18, 2021

The Commonwealth sought discretionary review from a Court of Appeals’ decision that defendant was excepted from lifetime SORA registration due to a new single-course-of-conduct exception it created. Defendant pleaded guilty to three felony counts of distributing child pornography in violation of KRS 531.340. Violations of KRS 531.340 are crimes against a minor; KRS 17.520(2)(a) states that a conviction of two or more felony offenses against a minor warrant a lifetime SORA registration. Defendant’s acts were three separate convictions per Welborn v. Commonwealth, 157 S.W.3d 608 (Ky. 2005). As such, defendant should have a lifetime SORA registration. Reversed and Remanded.

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