Sex Crimes, Sex Offenders Registered sex offender

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jaded1

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According to Arizona Statue 13-3821, a person required to register as a sexual offender is..." a person who has been convicted of a violation or attempted violation of the following offences or who has been convicted of an offense committed in another jurisdicition which if committed in this state(Arizona) would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 that, if committed on or after September 1978, has the same elements of an offense listed in this section, shall within 10 days after the conviction or within 10 days after entering and remaining in any county of this state, register with the Sheriff of that county."
This case involved consensual sex between a 20 year old and a 17 year old .

My question, if an offense was committed in 1975, and a conviction was made in 1976, is the registration requirement mandatory?
 
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Wow... now that is a statute that is incredibly difficult to read... let's see what we can do:

A person required to register as a sexual offender is...

1) a person who has been convicted of a violation or attempted violation of the following offences, OR

2) who has been convicted of an offense committed in another jurisdicition which if committed in this state(Arizona) would be a violation or attempted violation of any of the following offenses, OR

3) an offense that was in effect before September 1, 1978 that, if committed on or after September 1978, has the same elements of an offense listed in this section

RESULT: shall within 10 days after the conviction or within 10 days after entering and remaining in any county of this state, register with the Sheriff of that county."
This case involved consensual sex between a 20 year old and a 17 year old .

It seems that if the act in 1975 has the same elements as another act in this section which you would have been convicted if the new statute had been used, then you do have to register. If the 1975 act was a crime in 1975 but the elements of the 1975 would not make you guilty of an offense listed in the new section, then you would not have to register.

That is my read of the statute. If it appears exactly that way then :mad: :mad: to the drafters of the statute!!!!:eek:
 
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