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Youmans v. State

The lack of a definition for the term sexually violent offense did not render OCGA § 42-1-12 e 4 unconstitutionally vague.

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Appellant Jermaal Youmans was convicted of failing to register as a sexual offender under OCGA § 42-1-12 e 4, and he appeals, arguing that the statute is unconstitutional. For the reasons that follow, we affirm his conviction.

Appellant pled guilty in March 2004 to a charge of aggravated sexual battery in violation of OCGA § 16-6-22.2, a crime which at the time was defined under Georgia law as a “sexually violent offense.” Accordingly, upon his release from a probation detention center, appellant was required as a sexual offender under § 42-1-12 to register with the sheriff of the county in which he resided. Appellant complied with the registration requirements for several years thereafter. In 2009, however, he had a dispute with an aunt with whom he was living and moved to another address without notifying the sheriff. Appellant was arrested in December 2009 and charged with failing to register his change of address. See OCGA § 42-1-12 f 5 requiring sexual offenders to register change of address within 72 hours. Appellant moved to quash his indictment, arguing that § 42-1-12 e 4, the provision the State alleged required him to register as a sexual offender, is unconstitutionally vague. His motion was denied by the trial court, and after a bench trial, appellant was convicted.

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