When is a Sex Offender Not a Sex Offender?

We have all seen and heard many comments on the requirements of registered sex offenders.  Some offenders on our county list were not classified as “Violent Offenders” and their individual crime may have involved both people consenting but due to a smaller age difference they are forever required to register.

This past legislative session we saw some in Jefferson City push to revamp the current sex offender registration laws.  Some think the continued life time registration hinders the persons ability to live a productive life while others believe in the strong need and right of citizens to know who is living in their community, neighborhood, and near the schools, parks, and playgrounds where their children gather.

Here is a problem that Missouri Sheriffs have learned about and we are trying to make the citizens and our legislators aware of the potential problem.  (Disclaimer: For the purpose of civil liability protection related to the topic of this editorial we will not be speaking about any certain individual or case or anyone who has been or is in Livingston County or for all intensive purposes may even be in the State of Missouri.)

Let’s say 30 years ago a man violently raped and murdered another human being.  The man is charged with forcible rape and murder.  During the court process he agrees to plead guilty to murder and receive a life sentence and the forcible rape charge is dismissed.  Missouri and many other states consider 30 years a life sentence.

If this happened and the man moves to Missouri, the sheriff of that county where he resides will obtain a copy of the record from the sentencing court.  If that court record document does not include that a sex offense in violation of Chapter 566 or equivalent in another state, is listed in the murder plea bargain agreement then we cannot require that person to register as a sex offender.  You may ask why when the underlying issue of the murder was a forcible rape?  The answer is because he was not found guilty of a sex offense.  He had been charged with rape which was dismissed in the plea bargain and the murder document not mention the person was a victim of anything but murder.

My opinion is that it is people like this who should be mandated to register with the sheriff of any county where they reside for the remainder of their lifetime.  The community and citizens should have the right to know who and where this person lives, works, what they drive, and so forth. 

Many times if the court system did not routinely see plea bargains then the court system would shut down due to the huge clog it would create. 

We are now working on educating the citizens, legislators, congress, and U.S. Senators of this potential problem.  Personally, I think anyone convicted of the 7 deadly sins should also be required to register just as many of the sex offenders currently do.  Unfortunately the same law on the books which compels sex offenders to register may also be protecting some of the most violent people who only because of a plea bargain will not have to register and could end of living in your neighborhood.

Be safe and thank you for reading this editorial. 

Steve Cox