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My daughter who is 24 years old was charged and convicted of

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My daughter who is 24 years old was charged and convicted of Crime Against nature 14-177 in January 2008. She served 6 months in jail and released. She was not put on probation and all her court cost were paid.

She currently lives in Ohio and does not need to register as a sex offender. She wants to move to Alabama, does she have to register as a sex offender?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Nate replied 2 years ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

States review registration requirements based on the elements and facts of the crime. Generally, could you state what happened so I can research the potentially compatible Alabama statutes?
Customer: replied 2 years ago.

My daughter (who was 20 years old) was living in Virginia in 2007 when she met a girl who lived in North Carolina through myspace. My daughter is a lesbian and the person she met stated on myspace that she was 18 years old. She drove to several time and later found out she was 15 years old. It didn't matter if the girl lied about her age, my daughter was 20 years old.

 

She swears that she didn't know she was a minor The girl grandmother notify the local police and she had to go court in North Carolina. The girls grandmother decide to drop the charges but it was too late. The police was involved and it was a criminal charge.

 

She was charged and convicted under North Carolina 14-177 Crime Against nature. She had the option to serve 3 years on probation or 6 months in jail. Since she lived in Virginia, she opt to serve 6 months in jail and move to Ohio.

 

She been living in Ohio since July 2008 and would like to live her father who lives in Syluarga, Alabama. So the question is does she have to register in Alabama if she moves there?

Expert:  Nate replied 2 years ago.
Unfortunately, it appears she may very well have to register. Alabama's version of the North Carolina crime is called "Sexual Misconduct". It is defined as follows:

Section 13A-6-65
Sexual misconduct.
A person commits the crime of sexual misconduct if:

Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or

Being a female, she engages in sexual intercourse with a male without his consent; or

He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.

Sexual misconduct is a Class A misdemeanor.

___________

Further, deviate sexual intercourse is defined as:

Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.

___________

Based on Alabama law, it appears she would have to register if she moved to Alabama.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10567
Experience: Over 10 years of criminal defense practice.
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