Legal Question in Criminal Law in Kentucky

Sex offender registry

I pled guilty to ''attempted criminal sexual conduct 4th degree'' , which is a misdemeanor, in 1997 for attempting to touch a waitress at a bar in Michigan. I have satisfied all requirements of the court. I moved to Kentucky about a year and a half ago and was required to register as a sex offender here. My registration period was supposed to end after 10 years, but I have been told by the court system that in Ky that any sex offender that transfers to Ky is required to be a lifetime registrar. Is this true? Double jeopardy? If it is true, then how do I go about getting off the list?


Asked on 9/25/08, 4:22 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Sex offender registry

I do not believe you should have been required to register in Kentucky in the first place. Persons who commit violent or sexual crimes against children are required to register, as are persons convicted of felony sex crimes against adults. If the waitress in the bar was 18 or over (if she worked in a bar, she should have been), and your offense was a misdemeanor, you are not required to register.

You indicate that you have "...been told by the court system that in Ky that any sex offender that transfers to Ky is required to be a lifetime registrar." I can find no legal basis for this advice, and if this is some sort of court order, you need to appeal it.

Without going to court again in Kentucky, you may find it difficult to get your name off the list.

You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

[email protected] .

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 9/25/08, 5:00 pm


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