Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Wimer

Supreme Judicial Court of Massachusetts, Franklin

June 21, 2018

COMMONWEALTH
v.
JEFFREY WIMER

          Heard: February 8, 2018.

         Complaint received and sworn to in the Greenfield Division of the District Court Department on July 11, 2012. A motion to correct an illegal sentence, filed on December 19, 2016, was heard by William F. Mazanec, III, J.

         The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

          Timothy St. Lawrence for the defendant.

          Cynthia M. Von Flatern, Assistant District Attorney, for the Commonwealth.

          Present: Gants, C.J., Gaziano, Budd, Cypher, & Kafker, JJ.

          BUDD, J.

         The sex offender registration statute requires those convicted of committing certain acts to register with the Sex Offender Registry Board (board) as sex offenders. G. L. c. 6, §§ 178C-178Q. A "second and subsequent adjudication or conviction of open and gross lewdness" in violation of G. L. c. 272, § 16, [1] requires such registration. G. L. c. 6, § 178C. The defendant pleaded guilty to two counts of this crime and was ordered to register as a sex offender. He appeals from the denial of his motion to correct an illegal sentence, arguing that, as the two convictions were adjudicated during the same proceeding, he did not have a "second and subsequent" conviction as required by § 178C and, thus, he was not required to register as a sex offender. We agree and, accordingly, we reverse.

         Background.

         1. Statutory framework.

         The sex offender registration statute, originally passed in 1996, see St. 1996, c. 239, and substantially modified in 1999, see St. 1999, c. 74, was enacted to address "the danger of recidivism posed by sex offenders, especially sexually violent offenders who commit predatory acts characterized by repetitive and compulsive behavior." Doe, Sex Offender Registry Bd. No. 205614 v. Sex Offender Registry Bd., 466 Mass. 594, 595 (2013), quoting St. 1999, c. 74, § 1. The statute requires a sex offender to provide certain personal information, including name and current address, to the board. G. L. c. 6, § 178E.

         The board classifies sex offenders within a system of three different levels based on risk of reoffense and degree of dangerousness, with level one representing the designation for offenders presenting the least serious risk of reoffense and level of dangerousness and level three for those presenting the most serious.[2] See G. L. c. 6, § 178K (2). A sex offender's registration level has consequences for public access to that offender's information. Level one offenders are entitled to greater information privacy. See G. L. c. 6, § 178D. Level two and three sex offenders, by contrast, have their information published in an online database available to the public. Id.

         The sex offender registration statute designates a number of offenses as sex offenses, including, but not limited to, violent and nonviolent unwanted sexual touching, sexual offenses against vulnerable victims, and possession or distribution of child pornography. Unlike the offense at issue in this case, most, but not all, of the offenses require registration after one conviction. See G. L. c. 6, § 178C.

         2. Factual and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.