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James Richard Petway pled guilty to child molestation in Gwinnett County in 1991, and was sentenced to serve seven years on probation. His probation was revoked several times, including in October 2001. In October 2001, Petway was jailed briefly and his probation was then reinstated. Petway’s probation officer told him after this release that he needed to register as a sexual offender, and that he was to report “that week.” Petway moved to Cobb County upon his release, and registered with the sheriff’s office within 24 hours. Petway continued to register regularly for several years.1

On February 26, 2006, a Cobb County sheriff’s deputy went to Petway’s last reported address. The deputy determined that Petway had moved out. On March 9, 2006, after determining that Petway had not yet reported the address change, a sheriff’s deputy took out a warrant for Petway’s arrest. Petway was subsequently indicted on four separate counts of failure to register as a convicted sex offender.2

 
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