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Tag Archives: Sex Offender Registry

Criminal Practice – Administrative – Sex Offender Registry – Removal Petition – Pardon Requirement – Juvenile Adjudication (access required)

Doe v. State Our sex offender registry statutes require that, in order to be removed from the registry, one must receive a pardon. There is no indication that the legislature intended to allow only adult offenders the chance to ask for a pardon, so we construe “conviction” as used in S.C. Code Ann. § 24-21-940(A) to include a family court adjudication of delinquency.

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Criminal Practice – Administrative – Sex Offender Registry – Pardon – Statutory Amendment – Prospective Application Only (access required)

Edwards v. State Law Enforcement Division Although the General Assembly has amended the sex offender registration statutes to require pardoned sex offenders to remain on the registry, the amendment occurred after respondent’s pardon, and the amendment is not retroactive. We affirm the circuit court order relieving respondent from the sex offender registration requirements of S.C. Code Ann. § 23-3-430.

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Criminal Practice – Sex Offender Registry – Pennsylvania Conviction – Unlawful Restraint – Kidnapping (access required)

Lozada v. South Carolina Law Enforcement Division Even though the Pennsylvania crime to which appellant pled guilty - unlawful restraint - did not require him to register as a sex offender in Pennsylvania, unlawful restraint falls within the S.C. offense of kidnapping, which does require appellant to register as a sex offender.

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