Frazier v. State, 284 Ga. 638

Summary

The Supreme Court of Georgia held that applying the sex-offender registration penalty in OCGA § 42-1-12(n)(3) to a defendant who failed to register after a post-1996 release did not violate state or federal prohibitions against ex post facto laws. The court also held that OCGA § 42-1-12(e)(3) unambiguously applies to a subsequent release following reincarceration after parole revocation. The judgment of conviction was affirmed.

Holdings

1. OCGA § 42-1-12(n)(3) does not violate the state or federal Ex Post Facto Clauses because it creates a new offense based on the defendant's current failure to register, rather than increasing the punishment for the defendant's prior sex offense.
2. OCGA § 42-1-12(e)(3) unambiguously requires registration by a qualifying sex offender released from prison on or after July 1, 1996, regardless of whether the release was an initial release or a subsequent release following reincarceration after parole or probation revocation.

Questions Presented

1. Whether OCGA § 42-1-12(e)(3), together with the criminal penalty in subsection (n)(3), violates the state or federal constitutional prohibitions against ex post facto laws when applied to a person previously convicted of a sex offense.
2. Whether OCGA § 42-1-12(e)(3) is ambiguous regarding whether the qualifying release from prison or placement on parole or probation after July 1, 1996 includes a subsequent release following reincarceration for a parole or probation violation.

Disposition

affirmed