Manchester man was convicted of sexual abuse before the state’s tiered sex offender registry launched.
MANCHESTER, NH – This decision is sure to stir some controversy.
On Feb. 11 the NH Supreme Court ruled unanimously in favor of an aging, disabled sex offender seeking to be excused from the state’s sex offender registry as long as he’s able to prove “he no longer poses a threat.”
As reported by the Concord Monitor, the sex offender in question, identified as “John Doe” of Manchester, was convicted in 1987 of sexually assaulting his teen stepdaughter. He served three years probation and sought counseling.
The man is now in his ’60s, is “permanently disabled” and lives in a boarding house.
The state’s tiered sex offender registry did not launch until several years later, in 1992. By today’s standards, “Doe” would be labeled a Tier III offender.
Justice Robert Lynn said while this is not a blanket ruling, the court ruled that the law as it has evolved creates an “undue hardship on Doe, given his physical condition and previously completed sentence.”
“We are convinced that the punitive effects clearly outweigh the regulatory intent of the act,” Lynn wrote.
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