Case StudiesSexual AssaultSutton v. Commonwealth

Sexual Assault Case Study

Sutton v. Commonwealth

📍 Virginia Court of Appeals📅 2016⚖️ Virginia Code § 9.1-902

Legal Issue

Whether the defendant's registration as a sex offender was properly required based on the offense of conviction.

Court Holding

The court reversed the sex offender registration requirement, finding that the offense of conviction — as defined by the statute — did not require registration under the Sex Offender and Crimes Against Minors Registry Act. The court held that registration requirements must be strictly construed and applied only to the offenses specified in the Act.

Defense Takeaway

Sex offender registration is a lifelong collateral consequence of certain convictions. D.J. Rivera scrutinizes the registration requirements for every sex offense charge, identifying cases where the offense of conviction does not trigger mandatory registration. Avoiding sex offender registration is often as important to clients as avoiding incarceration.

Relevant Virginia Law

This case involves § 9.1-902 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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