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Smith v. State

The defendant was required to register as a sex offender under the requirements of O.C.G.A. § 42-1-12.

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Aaron Elisha Smith entered a negotiated guilty plea to the charge of statutory rape and was sentenced under the First Offender Act, OCGA § 42-8-60, to ten years of probation with the condition that he serve 60-120 days in a detention center. When Smith was told by his probation officer that he was required to register as a sex offender, he filed a “Motion to Enforce Sentence” requesting a “specific order” that he was not required to register. Following a hearing, the trial court denied Smith’s motion, and he now appeals. In his sole enumeration of error on appeal, Smith asserts the trial court erred by denying this motion.1 We affirm.

OCGA § 42-1-12 e lists eight categories of individuals who “shall be required” to register as a sex offender. Two of those categories include an individual who “1 is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor,” and an individual who “2 is convicted on or after July 1, 1996, of a dangerous sexual offense.” OCGA § 42-1-12 a 9 B provides that a “criminal offense against a victim who is a minor . . . means any criminal offense under Title 16 . . . which consists of,” among other enumerated conduct, “iii criminal sexual conduct toward a minor.” And OCGA § 42-1-12 a 10 B provides that “dangerous sexual offense . . . means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph . . . which consists of the same or similar elements of,” among other offenses, “vii Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older.”

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