Atlanta criminal attorney challenges Georgia sex offender law

Georgia’s sex offender law has come under intense fire from critics, since a provision of the law requires some people who did not commit sex crimes to register as sex offenders. On Monday, the lawyer of a man who had to register for being convicted of false imprisonment moved a Fulton County judge to declare the provision as being unconstitutional.

The Atlanta Journal Constitution has the story.

When Jake Rainer was 18, he and some friends picked up a 17 year old girl with the intention of buying marijuana from her. After taking the marijuana, they drove her to a cul de sac and dropped her off without paying. As a result, Rainer pleaded guilty to robbery and false imprisonment and was sentenced to five years in prison and five years on probation. He also had to register as a sex offender.

Anyone convicted of kidnapping or false imprisonment of a minor in Georgia is required to register as a sex offender. Whether sexual conduct was involved is irrelevant. Aside from the stigma, registered sex offenders cannot live or work within 1,000 feet of anywhere children congregate. This includes schools, parks, and pools. Under Georgia law, Rainer cannot ask a judge to be removed from the registry until 10 years after the completion of the sentence. For Rainer, that will be in 2020.

Rainer’s Atlanta criminal attorney, Ann Marie Fitz, argued that the provision of the Georgia sex offender law making her client register should be held as unconstitutional, since Rainer never committed a sex crime. The Attorney General’s Office sympathized but simply argued that the law is the law. Fulton County Superior Court Judge Jerry Baxter also sympathized, and he is expected to make a ruling on the matter soon. However, Judge Baxter seemed inclined to uphold the law, and he suggested that Rainer should try to get his false imprisonment conviction stricken from his record.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia’s “Super Lawyers”, and included among Georgia’s “Legal Elite” by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.