United States v. Black, No. 14-1000 (10th Cir. 2014)
Annotate this CaseJay Black pled guilty to one count of sexual abuse of a minor in Indian Country. The sex act was consensual; at the time of the act, Black was 18 and the victim was 14; and a comparison of Black’s and the victim’s birthdays demonstrated Black was 55 months older than the victim. At sentencing, Black claimed he was not required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA) because his conduct fell within the terms of section 16911(5)(C). Using what he asserted was the colloquial or ordinary understanding of age, Black argued the age difference between him and the victim must be figured by subtracting the integers representing completed years of life, without regard for the number of months or days separating their dates of birth (i.e., subtracting the victim’s 14 years of completed life from his 18 years of completed life resulted, according to Black, in a 4-year age difference, an age difference within the parameters of the exception set out in the statute). The district court rejected Black’s assertion and concluded section 16911(5)(C) required a comparison of the birth dates of the offender and victim to determine the relevant age difference. Black appealed. Joining the only other circuit to consider this question, the Tenth Circuit Court of Appeals concluded “not more than 4 years older than the victim” meant no more than 1461 days or 48 months separate the birthdays of the sex offender and the victim, and affirmed the district court.
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