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28 Ga. St. U. L. Rev. 529 (2011-2012)
Does the Punishment Fit the Crime: Applying Eighth Amendment Proportionality Analysis to Georgia's Sex Offender Registration Statute and Residency and Employment restrictions for Juvenile Offenders

handle is hein.journals/gslr28 and id is 543 raw text is: DOES THE PUNISHMENT FIT THE CRIME?: APPLYING EIGHTH AMENDMENT PROPORTIONALITY ANALYSIS TO GEORGIA'S SEX OFFENDER REGISTRATION STATUTE AND RESIDENCY AND EMPLOYMENT RESTRICTIONS FOR JUVENILE OFFENDERS Rebecca Shepard* INTRODUCTION If there is a race to the bottom to see who can most thoroughly ostracize and condemn sex offenders among states and municipalities, Georgia is a front runner.' Georgia's laws for convicted sex offenders are among the toughest in the United States,2 including a sex offender registry and residency and employment restrictions.3 Once a person has been convicted of certain sexual crimes,4 as well as of certain crimes against minors, regardless of J.D. Candidate, 2012, Georgia State University College of Law. Thanks to Professor Jonathan Todres for his valuable feedback and advice, and thanks to my family-Clint, Robin, and Eli-for their unending patience and support. 1. Sarah Geraghty, Challenging the Banishment of Registered Sex Offenders from the State of Georgia: A Practitioner's Perspective, 42 HARV. C.R.-C.L. L. REv. 513, 514 (2007). 2. Id. at 515 (quoting Georgia State Representative Jerry Keen discussing residency and employment restrictions for registered sex offenders); Amanda West, The Georgia Legislature Strikes with a Vengeance! Sex Offender Residency Restrictions & the Deterioration of the Ex Post Facto Clause, 57 CATH. U. L. REV. 239, 239-41 (2007); Id. at 239 n.4 (comparing Georgia statutes with statutes from twenty-two other states also imposing restrictions on convicted sex offenders). 3. GA. CODE ANN. § 42-1-12 (2010); GA. CODE ANN. § 42-1-15 (2010). 4. GA. CODE ANN. § 42-1-12(a)(9)(B) (2010); GA. CODE ANN. § 42-1-12(a)(10)(B) (2010); GA. CODE ANN. § 42-1-12(a)( 14) (2010). Offenders must- register if they are convicted of committing the following sexual crimes on or after July 30, 2001, against a victim who is a minor: criminal sexual conduct toward a minor, solicitation of a minor to engage in sexual conduct, use of a minor in a sexual performance, solicitation of a minor to practice prostitution, or any conviction resulting from a sexual offense against a minor victim. GA. CODE ANN. § 42-1-12(a)(9)(B) (2010). A victim is defined as a minor if she or he is under age eighteen at the time of the offense. GA. CODE ANN. § 42-1-12(a)(14) (2010). Offenders must also register if they are convicted of any dangerous sexual offense, regardless of the age of the victim. Dangerous sexual offenses include: rape, aggravated assault with the intent to commit rape, sodomy, aggravated sodomy, statutory rape if the convicted individual is at least twenty- one years of age, child molestation, aggravated child molestation, enticing a child for indecent purposes, sexual assault against a person in custody, incest, second conviction of sexual battery, aggravated sexual 529

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