Roberts Law Group PLLC

North Carolina Criminal Defense Attorneys

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What Is A Sexually Violent Predator?

Four months ago, Jerry Sandusky was convicted of 45 counts of sex offenses involving children. In a few weeks, Sandusky will be sentenced for the sex crimes, for a number of years that, based on his age, will likely amount to a life sentence in prison.

Sandusky still maintains that he is innocent of the molestation charges against him; he and his criminal defense team plan to appeal the convictions.

The sentencing hearing will immediately follow a hearing to determine whether Sandusky should be labeled a "sexually violent predator" or SVP.

North Carolina's SVP Designation

In North Carolina, a person who is convicted of a violent sex offense and who suffers from a mental abnormality or personality disorder that makes the person likely to reoffend may, upon the request of the prosecuting attorney, be considered for classification as a sexually violent predator (SVP). The person accused of committing a violent sex offense must be given notice that an SVP designation will be sought upon conviction prior to the trial.

Based at least in part on the sentencing report completed by the Department of Corrections, the judge must then decide whether the SVP designation is appropriate. Once designated an SVP, that person must register as a sex offender for the rest of his or her life and must update his or her registration every 90 days.

An SVP will also have to comply with all additional registry requirements, travel restrictions and prohibitions on the location of their home as required by the Sex Offender and Public Protection Program.

Source: NewsObserver, "Sandusky to be sentenced Oct. 9 in sex-abuse case," September 17, 2012

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