Camdenton, MO asked in Criminal Law for Missouri

Q: I was charged with unlawful voluntary sexual relations in 2003 I was 19. I did not have to register as a sex offender.

Now 15 years later here in Missouri me and my ex are in a child custody battle and she brought this up and now they are trying to charge me with failure to register as a sex offender. How is this possible??

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1 Lawyer Answer
Stewart Whaley
PREMIUM
Stewart Whaley
Answered

A: It sounds like your conviction was out-of-state (maybe Kansas?).

Missouri registration is governed by MO Rev Stat § 589.400 (2017).

It is retroactive to 1979 and includes a section (as many states do) that basically says:

"if the crime in the other state is equal to any of the crimes referenced in this statue, you are required to register in THIS state (Missouri, Arkansas, wherever you are), EVEN IF YOU DID NOT have to register in that state."

An attorney would analyze the statute you were sentenced under (the exact language and intent at the time you were sentenced) and compare it to the Missouri charge referred to in 589.400 that the prosecutor says is equivalent.

,

In failure to register cases, most states work very hard to assert that "an equal sex crime" and a " kinda, sorta, maybe, if you look at it in the right light, sex crime" are the same. Therefore, you are guilty of not registering

Hire a Missouri attorney with experience addressing registry issues, particularly multi-jurisdiction problems.

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This isn't legal advice, just my thoughts on the matter.

I'm not your attorney and I'm not licensed in Missouri.

Hire a Missouri criminal defense attorney.

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