IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR KENT COUNTY
STATE OF DELAWARE,
v.
LYTE O. ADAMS,
Defendant.
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ID. No. 8404000035
Submitted: June 16, 2010
Decided: July 23, 2010
Debra J. Weaver, Esq., Department of Justice, Dover, Delaware. Attorney for
State.
Lyte O. Adams, Pro Se.
Upon Consideration of Defendant’s Petition to
Superior Court for Permanent Relief
DENIED
VAUGHN, President Judge
ORDER
Upon consideration of the defendant’s petition to the Court to grant relief from
registration requirements, the State’s opposition thereto, and the record of the case,
it appears that:
State v. Adams
ID. No. 8404000035
July 23, 2010
1. The defendant plead guilty to Second Degree Rape, in violation of 11 Del.
C. § 772, on August 31, 1984. On December 14, 1984, he was sentenced to six years
imprisonment which was suspended after serving four years, followed by two years
of probation. He completed his probation on August 29, 1990.
2. Delaware’s Sex Offender Registration Statute, 11 Del. C. § 4120 et seq., has
been amended numerous times since its June 27, 1994 inception.1 Prior to 2008, a
person convicted after June 27, 1994 was required to register as a sex offender; but
the defendant, whose conviction was prior to that date, was not required to register.
3.
On July 16, 2008, the current version of Delaware’s Sex Offender
Registration Statute became effective. This version replaced the phrase “convicted
after June 27, 1994” with “who has been convicted.” The statute’s synopsis expresses
a legislative intent to “require . . . sex offenders who were convicted of a sexual
offense prior to the enactment of Megan’s Law to comply with the provisions under
§ 4120, Title 11 of the Delaware Code.” 2 Thus, the current version of § 4121(a)(4)
defines a sex offender as “any person who is, or has been: a. Convicted of any of the
offenses specified in §§ 765 through 780 . . . .”3 As a result, the defendant is now
included within the definition of sex offender and must register.
4. The defendant was notified by the State on February 4, 2010 that he is
1
This statute is commonly referred to as “Megan’s Law.” The federal version of the
statute is commonly referred to as the “Adam Walsh Act.”
2
76 Del. Laws ch. 374 (2008).
3
11 Del. C. § 4121(a)(4).
2
State v. Adams
ID. No. 8404000035
July 23, 2010
required to register as a sex offender. To date, the defendant has not registered, nor
has he been assigned to a tier. A hearing to determine the defendant’s assigned tier
level has been scheduled for August 24, 2010 before the Board of Parole.
5. The defendant requests that the Court relieve him from the registration and
tier designation requirements pursuant to § 4121(e)(2)(a-e). The registration and tier
designation requirements are required by statute.
Delaware’s Sex Offender
Registration Statute does not contain any provision which allows the court to excuse
one from registration and designation requirements.
6. Section 4121(e)(2)(a-e) permits designated sex offenders to petition the
court for re-designation to a lower risk assessment tier. Since the defendant has not
yet been assigned a risk assessment tier, he cannot seek relief under the
aforementioned provision at this time.
7. For the aforementioned reasons, the defendant’s motion is hereby denied.
IT IS SO ORDERED.
/s/ James T. Vaughn, Jr.
President Judge
oc:
cc:
Prothonotary
Debra J. Weaver, Esq.
Mr. Lyte O. Adams
File
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