The Maryland Court of Appeals ruled Tuesday that in order for somebody to have to register with the Maryland Sex Offender Registry, all elements must be proven beyond a reasonable doubt.
The case involves a man who had pleaded guilty to one count of human trafficking and then was ordered to register as a Tier II sex offender. In order for someone to be registered as a Tier II sex offender in Maryland under the human trafficking statute that the man pleaded guilty to, the victim must have been a minor. However, at the man’s guilty plea hearing, the age of the victim had not been proven.
The court ultimately held that the man was not required to register as a Tier II sex offender because there was no proof of the victim’s age. The court also held that “the determination of a fact necessary for placement on the Registry … must be made by the trier of fact beyond a reasonable doubt during the adjudicatory phase of the criminal proceeding prior to sentencing.”