We granted the interlocutory application of Ashley Harris and Caroline Jenkins to consider whether the trial court erred when it overruled their demurrer to their indictment in Decatur County for harboring an unregistered sex offender. We conclude that the indictment was indeed defective, and we therefore reverse. OCGA § 16-6-25 b provides that Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12 concerning the sexual offender registry, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12: 1 Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor such sexual offender; 2 Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or 3 Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.Emphasis added.
The indictment at issue here charged Harris and Jenkins withthe offense of HARBORING AND CONCEALING SEXUAL OFFENDER for that the said accused . . . on the 4th day of November, 2006, unlawfully, did then and there, harbor and conceal Anthony Dewayne Harris, a known sex offender, by providing information to Deputy Robert Griffin, a law enforcement officer, regarding said sexual offender which they knew to be false. Harris and Jenkins contend that the indictment fails to allege that they knew or reasonably believed that Anthony Harris was an unregistered sexual offender; that they intended to assist Anthony Harris in eluding police; and that police were seeking Anthony Harris in connection with his noncompliance. We agree with the first of these contentions.
