John DOE, Sex Offender Registry Board No. 36870
SEX OFFENDER REGISTRY BOARD
June 12, 2019.
N.E.3d 218] CIVIL ACTION commenced in the Superior Court
Department on February 13, 2017., A motion for judgment on
the pleadings was heard by Joseph F. Leighton, Jr., J.
Nehring, Boston, for the plaintiff.
L. Chenail, for the defendant.
Blake, Kinder, & Desmond, JJ.
issue in this appeal is the question whether D.C. Code Ann. �
22-3501(a), defining the crime of taking indecent liberties
with a minor child, is a "like violation" [135
N.E.3d 219] of G. L. c. 265, � 13B, indecent assault and
battery on a child under the age of fourteen, thus requiring
the plaintiff, John Doe, to register as a sex offender
pursuant to G. L. c. 6, � � 178C-178P.
appeals from a Superior Court judgment denying his motion for
judgment on the pleadings and affirming the Sex Offender
Registry Board’s (board) classification of Doe as a level two
sex offender. Doe argues that the board did not have
require him to register as a sex offender because the board
failed to establish that Doe’s index out-of-State crime was a
"like violation" of a Massachusetts sex offense
requiring registration. We affirm.
1985, Doe visited family in Washington, D.C. An eight or nine
year old girl reported to police that, during
his stay, Doe entered her bedroom, "[took her] into the
living room, placed [her] on the couch[,] ... pulled her
panty’s [sic ] down and then pulled his pants down
to his knees. He then turned her over onto her stomach and
placed his penis (wing-wing) into her butt (rectum)."
Doe was charged in the Superior Court of the District of
Columbia with sodomy of a child under the age of sixteen, in
violation of D.C. Code Ann. � 22-3502, and subsequently
pleaded guilty to taking indecent liberties with a minor
child, in violation of D.C. Code Ann. � 22-3501(a) (District
of Columbia offense).
N.E.3d 220] In 2005, the board moved to classify Doe as a
level two sex
offender. At that time, the board had before it only Doe’s
interstate criminal history record, which showed that Doe had
pleaded guilty to "rectal sodomy." The board
finally classified Doe as a level two sex offender,
designating rape, in violation of G. L. c. 265, � 22, as the
Massachusetts "like violation" requiring that Doe
register as a sex offender, which Doe did not challenge. Soon
after, the board notified Doe that it intended to reclassify
him as a level three sex offender pursuant to 803 Code Mass.
Regs. � 1.37C (2004). Doe challenged the reclassification,
and after a de novo hearing in 2011, the board again
classified him as a level two sex ...