Lozada v. So Car. Law Enforcement Div.

Defendant Jose Lozada appealed the circuit court's order denying his petition for a declaratory judgment to be removed from the Sex Offender Registry. Defendant argued that the crime to which he pled guilty in Pennsylvania—unlawful restraint—was not a "similar offense" to the crime of kidnapping in South Carolina. He accordingly contended that he should not have been required to register as a sex offender for unlawful restraint pursuant to Section 23-3-430(A) of the South Carolina Code (2010). Upon review of the applicable legal authorities, the Supreme Court found that though "kidnapping" allowed for a greater punishment than "unlawful restraint," that fact did not prove that the offenses were not similar because kidnapping included significantly more culpable behavior. Based on the similarity in public policy behind both the Pennsylvania and South Carolina statutes and the fact that all the conduct proscribed under unlawful restraint was proscribed under the kidnapping statute, the Supreme Court found Defendant was properly required to register as a sex offender in South Carolina. Accordingly, the Court affirmed the circuit court's order. View "Lozada v. So Car. Law Enforcement Div." on Justia Law