In re B.H.

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The Supreme Court affirmed the order of the family court requiring Defendant to register as a sex offender and denying his motion to waive sex-offender registration and notification pursuant to R.I. Gen. Laws 11-37.1-4(j), holding that there was no error in the proceedings below. On appeal, Defendant argued that the words of section 11-37.1-4(j) that “the conduct of the parties is criminal only because of the age of the victim” plainly applied to his case and that the trial justice should have exercised her discretion under section 11-37.1-4(j) to waive sexual-offender registration. The Supreme Court disagreed, holding (1) the trial justice appropriately determined that the coercion in this case made the conduct at issue criminal, apart from the ages of the victims; and (2) the trial justice appropriately applied the plain language of the statute in determining that she had no discretion in the present case. View "In re B.H." on Justia Law

Posted in: Criminal Law

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