United States v. Alexander, No. 14-7058 (10th Cir. 2015)
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Defendant Albert Alexander pleaded guilty in 2012 to violating California Penal Code section 266c, which prohibited inducing another to engage in sexual conduct by misrepresentations creating fear. As required by California law, he registered as a sex offender in that state. But he did not register as a sex offender in Oklahoma when he moved, and he was indicted in the United States District Court for the Eastern District of Oklahoma for failing to register. Defendant filed a motion to dismiss the indictment on the ground that his California section 266c conviction did not trigger SORNA’s
registration requirement. He argued that section 266c covered only consensual sexual conduct and so falls within SORNA’s exception from the definition of sex offense for an “offense involving consensual sexual conduct . . . if the victim was an adult . . . .” When the motion was denied, he entered a conditional plea of guilty. On appeal to the Tenth Circuit, defendant challenged: (1) his classification as a tier III sex offender when the district court imposed sentence; and (2) the denial of his motion to dismiss. Finding no reversible error, the Tenth Circuit affirmed, rejecting defendant's argument that a violation of section 266c did not qualify for tier III, and holding that sexual conduct induced by the misrepresentations required under section 266c was not consensual within the meaning of the term in SORNA.
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