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Name: U.S. v. Byun
Case #: 07-10254
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/01/2008

Under the federal Sex Offender Registry Act, the underlying facts of a defendant’s offense, and not only the conviction itself, are pertinent in determining if defendant is required to register. The sex offender registration and notification provisions of the 2006 Adam Walsh Child Protection and Safety Act are intended to establish a comprehensive national system of jurisdiction by creating a national sex offender registry and instructing each state and territory to apply identical criteria for posting offender data on the Internet (i.e., offender’s name, address, date of birth, place of employment, photograph, etc.). The reviewing court affirmed the district court’s determination that the defendant, who pleaded guilty to “importation into the United States of any alien for the purpose of prostitution,” a violation of 8 U.S.C. § 1328, is subject to the sex offender registration requirements of the act, despite the fact that the offense of which appellant was convicted did not specify that the victim was a minor. The panel held that as to the age of the victim, the underlying facts of a defendant’s offense are pertinent in determining whether she has committed a “specified offense against a minor” and is thus a sex offender under the act. Because the defendant’s plea agreement reveals that she in fact imported a minor for purposes of prostitution, her offense is a “specified offense against a minor” and, therefore, a “sex offense” within the meaning of the act. (Editor’s note: The constitutionality of provisions of the act is presently being litigated.)