Maryland court rules sex offender registry qualifies as punishment News
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Maryland court rules sex offender registry qualifies as punishment

The Maryland Court of Appeals ruled Tuesday that in order for somebody to have to register with the Maryland Sex Offender Registry, all elements must be proven beyond a reasonable doubt.

The case involves a man who had pleaded guilty to one count of human trafficking and then was ordered to register as a Tier II sex offender. In order for someone to be registered as a Tier II sex offender in Maryland under the human trafficking statute that the man pleaded guilty to, the victim must have been a minor. However, at the man’s guilty plea hearing, the age of the victim had not been proven.

The court ultimately held that the man was not required to register as a Tier II sex offender because there was no proof of the victim’s age. The court also held that “the determination of a fact necessary for placement on the Registry … must be made by the trier of fact beyond a reasonable doubt during the adjudicatory phase of the criminal proceeding prior to sentencing.”