Shaun Sharma f/k/a Bhageshermund Sharma appeals from the trial court’s order denying his petition for release from the requirement that he register as a sexual offender pursuant to OCGA § 42-1-12. The record shows that in 1999 and 2000, Sharma, a former resident of Texas, was indicted for Second Degree Sexual Assault in violation of Tex. Penal Code § 22.011. As to each victim, both of whom were adult women, the indictments charged that Sharma intentionally and knowingly caused the penetration of the female sexual organ of his victim by placing his sexual organ in the female sexual organ of the victim, “without the consent of the victim, namely Sharma was a clergyman who caused the victim to submit and participate by exploiting the victim’s emotional dependency on Sharma in his professional character as spiritual advisor.” These indictments were returned pursuant to Tex. Penal Code § 22.011 b 10, which provides that a sexual assault is without consent if “the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman’s professional character as a spiritual adviser.” Sharma was convicted by a jury of the 1999 charge and entered a plea of nolo contendere to the 2000 charge.
Following his convictions, Sharma initially registered as a sex offender in the state of Texas, but was incarcerated in August 2006 after he entered a guilty plea to the charge of failing to register. Sharma subsequently moved to Vermont and registered as a sex offender in that state; Vermont officials notified officials in this state when Sharma later moved to Coffee County, Georgia. Sharma filed his petition to be released from registration after he received notice that he was required to register here. Following a hearing, the trial court denied Sharma’s petition, and he timely filed his appeal to this Court. We begin by noting that the interpretation of a statute is a question of law, which is reviewed de novo on appeal. Cit Because the trial court’s ruling on a legal question is not due any deference, we apply the “plain legal error” standard of review. Cit. We also note that OCGA § 42-1-12 is a criminal statute, OCGA § 42-1-12 h failure to comply with registration statute is a felony. Thus, we apply the rule that if the criminal statute is open to more than one reasonable interpretation, it must be construed strictly against criminal liability, and in favor of the individual facing criminal liability. Cit. Spivey v. State , 274 Ga. App. 834 1 619 SE2d 346 2005.
