Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

Dodge: Transfer of sex materials to minor qualifies for sex offender registration

By Tim Cone

In U.S. v. Dodge, No. 08-10802 (March 5, 2010) (en banc), the Court held that a conviction for transferring obscene material to a minor in violation of 18 U.S.C. § 1470 qualifies as a ?specified offense against a minor? and therefore subjects a sex offender to SORNA registration requirements.The Court rejected the argument that the statute by implication excluded his offense from the list of qualifying offenses, noting the ?broad purpose and scope of SORNA.?The Court held that, in determining whether an offense met the SORNA definition, courts could look to the underlying conduct, not just to the elements of the offense. Here, Dodge evinced his intent that a thirteen-year old girl view him in a sexual state. This conduct qualified as a criminal offense against a minor.continue to full post

Full post as published by Defense Newsletter Blog on March 08, 2010 (boomark / email).