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Khalaf & Nguyen

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Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

CRIMINAL DEFENSE - Page 3

Khalaf & Nguyen seeks to provide our clients with the best legal representation and support during their criminal case. With years of experience, we are here to help you every step of the way. Contact us today for a free consultation and let us advocate for your rights.

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crimes of violence

✅ Mississippi Statutory List of Crimes of Violence

✅ Mississippi Statutory List of Crimes of Violence

In Mississippi, "crimes of violence" are defined by statute. The key law that lists these crimes is Miss. Code Ann. § 97-3-2.

✅ Mississippi Statutory List of Crimes of Violence

✅ Mississippi Statutory List of Crimes of Violence

✅ Mississippi Statutory List of Crimes of Violence

Under Miss. Code Ann. § 97-3-2(1), the following are defined as "crimes of violence":


(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);

(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;

(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);

(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;

(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);

(f) Kidnapping as provided in Section 97-3-53;

(g) Human trafficking as provided in Section 97-3-54.1;

(h) Poisoning as provided in Section 97-3-61;

(i) Rape as provided in Sections 97-3-65 and 97-3-71;

(j) Robbery as provided in Sections 97-3-73 and 97-3-79;

(k) Sexual battery as provided in Section 97-3-95;

(l) Drive-by shooting or bombing as provided in Section 97-3-109;

(m) Carjacking as provided in Section 97-3-117;

(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;

(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;

(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;

(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;

(r) Exploitation of a child as provided in Section 97-5-33;

(s) Gratification of lust as provided in Section 97-5-23; and

(t) Shooting into a dwelling as provided in Section 97-37-29.

⚖️ Judge's Discretion

✅ Mississippi Statutory List of Crimes of Violence

⚖️ Judge's Discretion

Under Miss. Code Ann. § 97-3-2(2), the judge has discretion:


"In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court."

what is double jeopardy?

Double jeopardy generally protects against:

Double jeopardy generally protects against:

In legal terms, double jeopardy is a procedural defense and constitutional right that prevents an individual from being tried twice for the same offense in the same jurisdiction.


The principle comes from the Fifth Amendment of the Constitution, which states:


"...nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."

Double jeopardy generally protects against:

Double jeopardy generally protects against:

Double jeopardy generally protects against:

  • A second prosecution after acquittal
    – If you're found not guilty, the government cannot retry you for the same crime.


  • A second prosecution after conviction
    – If you've already been convicted, you can't be prosecuted again for that same crime.


  • Multiple punishments for the same offense
    – You can’t be punished more than once for the same crime.

Exceptions:

Double jeopardy generally protects against:

Exceptions:

  • Separate sovereigns doctrine: Different jurisdictions (e.g., state vs. federal) can prosecute separately for the same act.


  • Mistrial or hung jury.


  • Appeals by the defendant: If the defendant successfully appeals a conviction, a new trial may be permitted.

Examples

✅ Example 2: Conviction Reversed and Remanded on Appeal

Exceptions:

Here are some realistic examples and how double jeopardy applies in different situations

✅ Example 1: Acquittal

✅ Example 2: Conviction Reversed and Remanded on Appeal

✅ Example 2: Conviction Reversed and Remanded on Appeal

Scenario:


John is charged with burglary and goes to trial. The jury finds him not guilty.


Result:


The prosecution cannot charge him again for that same burglary—even if new evidence comes up later.


➡️ Double jeopardy protection applies.

✅ Example 2: Conviction Reversed and Remanded on Appeal

✅ Example 2: Conviction Reversed and Remanded on Appeal

✅ Example 2: Conviction Reversed and Remanded on Appeal

Scenario:


Maria is found guilty of assault by a jury. She appeals, and the Supreme Court or Court of Appeals reverses and remands for a new trial because the judge made a legal error during trial.


Result:


The state can retry her because the original conviction was voided by her own appeal.


➡️ Double jeopardy does not bar retrial in this situation.

✅ Example 3: Federal and State Charges (Dual Sovereignty)

✅ Example 3: Federal and State Charges (Dual Sovereignty)

✅ Example 3: Federal and State Charges (Dual Sovereignty)

Scenario:


David robs a bank. He’s prosecuted and acquitted in state court for robbery.


Result:


The federal government can still prosecute him for federal bank robbery charges based on the same act.


➡️ Not double jeopardy because state and federal are separate sovereigns.

🔍 Hypothetical Case: State of Mississippi v. John Doe

✅ Example 3: Federal and State Charges (Dual Sovereignty)

✅ Example 3: Federal and State Charges (Dual Sovereignty)

Facts:


Alex Taylor is accused of felony aggravated assault in Jackson, Mississippi, after allegedly hitting someone with a baseball bat during a fight outside a bar.


He is charged under Miss. Code Ann. § 97-3-7 (aggravated assault). The victim suffers a broken arm.

🧑‍⚖️ Trial #1: State Court

✅ Example 3: Federal and State Charges (Dual Sovereignty)

🧑‍⚖️ Trial #1: State Court

At trial, John argues self-defense. The jury deliberates and finds him not guilty of aggravated assault.


➡️ Acquitted.

🔁 Later Development

🟡 Exception Scenario: Federal Charges

🧑‍⚖️ Trial #1: State Court

Two months after the acquittal, new surveillance footage emerges showing that John swung first and hit the victim from behind. Prosecutors believe this contradicts his self-defense claim.

The state wants to charge John again, either:


  • with simple assault, or
  • retry him on the aggravated assault charge.

⚖️ Legal Outcome:

🟡 Exception Scenario: Federal Charges

🟡 Exception Scenario: Federal Charges

Double jeopardy applies.


  • Because John was acquitted of aggravated assault in a valid trial, the State of Mississippi cannot retry him for the same conduct.


  • The state also cannot charge him with simple assault now, since that is a lesser-included offense of aggravated assault arising from the same incident.


✅ Protected by double jeopardy.

🟡 Exception Scenario: Federal Charges

🟡 Exception Scenario: Federal Charges

🟡 Exception Scenario: Federal Charges

If the assault also violated a federal law (e.g., if the victim was a federal employee or if the attack was considered a hate crime under federal statute), the federal government could bring charges separately.


This is due to the dual sovereignty doctrine, which Mississippi courts follow.

a Mississippi DUI hypothetical REGARDING double jeoPARDY

🚗 Hypothetical Case: State of Mississippi v. Chris Daniels

🚗 Hypothetical Case: State of Mississippi v. Chris Daniels

🚗 Hypothetical Case: State of Mississippi v. Chris Daniels

Facts:


Chris is pulled over in Hinds County and charged with:


  • DUI – First offense (Miss. Code Ann. § 63-11-30)
  • The officer says Chris was swerving and blew a .12 on the breathalyzer.

🧑‍⚖️ Trial #1 in Municipal Court

🚗 Hypothetical Case: State of Mississippi v. Chris Daniels

🚗 Hypothetical Case: State of Mississippi v. Chris Daniels

Chris pleads not guilty, and the case goes to trial in Jackson Municipal Court. The judge finds insufficient probable cause for the traffic stop and dismisses the case before trial starts — based on a defense motion.


➡️ Case dismissed before jeopardy attaches.

⚖️ Double Jeopardy Analysis:

🚗 Hypothetical Case: State of Mississippi v. Chris Daniels

⚖️ Double Jeopardy Analysis:

Is Chris protected by double jeopardy?


No — not yet. 


In Mississippi, jeopardy attaches only once the trial actually begins:


  • In a bench trial, that’s when the first witness is sworn.
  • In a jury trial, it’s when the jury is sworn in.


Because the judge dismissed the case before trial began, double jeopardy does not apply, and the state can refile the DUI charge.

🔁 Now, Let’s Say...

Final Note: The following is a direct quote from a real Mississippi case

⚖️ Double Jeopardy Analysis:

Chris is retried, and this time the trial proceeds. The judge finds him not guilty after hearing evidence.


Now:


  • Chris cannot be charged again for that DUI.
  • The state cannot bring different charges for that same traffic stop (like reckless driving or public endangerment).
  • Even if new video or witness testimony appears later — double jeopardy bars a new trial.

🟨 DUI with Accident Involving Injuries — Another Twist

Final Note: The following is a direct quote from a real Mississippi case

Final Note: The following is a direct quote from a real Mississippi case

Let’s say Chris is in a DUI accident that injures two people.

The state charges him first with DUI – First offense, and he’s convicted.


A month later, the victims' conditions worsen, and prosecutors now want to charge him with DUI causing serious bodily injury (a felony under Miss. Code Ann. § 63-11-30(5)).


➡️ This will violate double jeopardy.



Final Note: The following is a direct quote from a real Mississippi case

Final Note: The following is a direct quote from a real Mississippi case

Final Note: The following is a direct quote from a real Mississippi case

"The purposes underlying the protections of the Double Jeopardy Clause have been clearly articulated by our courts. The Supreme Court of the United States has held that the guarantee against double jeopardyprotects against: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense. U.S. v. DiFrancesco, 449 U.S. 117, 129, 101 S. Ct. 426, 66 L. Ed. 2d 328 (1980).  The first step of this analysis is to define the point at which jeopardy attaches for purposes of invoking the protections of the Double Jeopardy Clause. The U.S. Supreme Court has held that the "protections afforded by the [Double Jeopardy] Clause are implicated only when the accused has actually been placed in jeopardy. This state of jeopardy attaches when a jury is empaneled or sworn, or, in a bench trial, when the judge begins to receive evidence." U.S. v. Martin Linen Supply Co., 430 U.S. 564, 569, 97 S. Ct. 1349, 51 L. Ed. 2d 642 (1977) (emphasis added). The United States Supreme Court has consistently adhered to the view that jeopardy does not attach until "the defendant is put to trial before the trier of the facts, whether the trier be a jury or a judge." U.S. v. Jorn, 400 U.S. 470, 479, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971). Citing Martin Linen Supply, this Court has likewise pronounced that jeopardy does not attach in the case of a bench trial until the first witness is sworn. King v. State, 527 So. 2d 641, 643 (Miss. 1988)."


Deeds v. State, 27 So. 3d 1135, 1139 (Miss. 2009)

HABITUAL OFFENDER STATus

In Mississippi, a person may be classified as a habitual offender under Miss. Code Ann. § 99-19-81 or § 99-19-83, depending on their prior convictions. Being declared a habitual offender significantly increases sentencing exposure.

Key Notes:

  • The prior felonies must occur before the commission of the new offense.
  • Misdemeanors do not count toward habitual status.
  • The court must make specific findings on the record about the prior convictions.
  • Habitual status is often raised by the prosecution via amended indictment or sentencing enhancement motion.

Other Important Considerations:

  • A prior out-of-state felony conviction can count if it would be a felony under Mississippi law.
  • Habitual status can be waived only under limited circumstances, usually as part of a plea deal.

Two Main Habitual Offender Statutes

1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")

1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")

1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")

A person qualifies if:


  • They have two prior felony convictions arising from separate incidents, and
  • Each conviction led to a separate term of imprisonment of at least one year.


Consequence:


The offender must serve the maximum sentence allowed for the current felony without eligibility for parole, probation, or early release.


Example: If the offense carries up to 20 years, the court must sentence to 20 years with no chance of release.

2. § 99-19-83 – Violent Habitual Offender (a/k/a “Big Habitual”)

1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")

1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")

A person qualifies if:


  • They have two prior felony convictions, and at least one was a crime of violence (as defined by Mississippi law),
  • The person was sentenced to and served separate terms of one year or more for each conviction.


Consequence:


The person is sentenced to life imprisonment without parole.


The offender will never be released unless the law changes or they're granted clemency.

sex offender registration & petition for relief

§ 45-33-25: Registration with Mississippi Department of Public Safety

§ 45-33-25: Registration with Mississippi Department of Public Safety

§ 45-33-25: Registration with Mississippi Department of Public Safety

In Mississippi, the sex offender registration system is tier-based, primarily following federal standards under the Adam Walsh Child Protection and Safety Act (SORNA), but with some state-specific adaptations. The Mississippi Sex Offender Registration Law classifies offenders into three tiers based on the severity of the offense and perceived risk of reoffending.

§ 45-33-47: Petition for relief from duty to register

§ 45-33-25: Registration with Mississippi Department of Public Safety

§ 45-33-25: Registration with Mississippi Department of Public Safety

(2)A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions:(a)The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender’s tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.


Tier I: § 45-33-47(2)(b)

§ 45-33-25: Registration with Mississippi Department of Public Safety

Tier II: § 45-33-47(2)(c)

Lowest level of offense.


(i)Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:1.Section 97-5-27(1) relating to dissemination of sexually oriented material to children;
2.Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
3.Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;
4.Section 97-29-45(1)(a) relating to obscene electronic communication;
5.Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
6.Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;
7.Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.


(ii)Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years’ satisfaction of the requirements of this section for the convictions classified as Tier One offenses.

Tier II: § 45-33-47(2)(c)

Tier III: § 45-33-47(2)(d)

Tier II: § 45-33-47(2)(c)

Moderate level of offense.


(i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:1.Section 97-5-33(3) through (9) relating to the exploitation of children;
2.Section 97-29-59 relating to unnatural intercourse;
3.Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;
4.Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;
5.Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;
6.Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
7.Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or
8.Any conviction of a Tier One offense if it is the offender’s second or subsequent conviction of a registrable sex offense;


(ii)Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years’ satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.

Tier III: § 45-33-47(2)(d)

Tier III: § 45-33-47(2)(d)

Tier III: § 45-33-47(2)(d)

Highest level, for the most serious offenses.


(d) Tier Three. — Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:(i)Section 97-3-65 relating to rape;
(ii)Section 97-3-71 relating to rape and assault with intent to ravish;
(iii)Section 97-3-95 relating to sexual battery;
(iv)Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;
(v)Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi)Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vii)Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);
(viii)Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;
(ix)Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;
(x)Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(xi)Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;
(xii)Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;
(xiii)Capital murder when one (1) of the above described offenses is the underlying crime;
(xiv)Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;
(xv)Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or
(xvi)Any conviction of a Tier Two offense if it is the offender’s second or subsequent conviction of a registrable sex offense.


Other Key Points

Tier III: § 45-33-47(2)(d)

Tier III: § 45-33-47(2)(d)

  • Offenders must register in-person every 90 days (Tier III), biannually (Tier II), or annually (Tier I) depending on their tier.
  • Mississippi requires registration even if the offender moves from another state and was required to register there.
  • Failure to register or update information is a felony.

Failure to register as a sex offender & Penalty

Miss. Code Ann. § 45-33-33(1)(a)

Miss. Code Ann. § 45-33-33(1)(a)

§ 45-33-33. Failure to register; reregister or comply with electronic monitoring; violations of chapter; penalties and enforcement.

Miss. Code Ann. § 45-33-33(1)(a)

Miss. Code Ann. § 45-33-33(1)(a)

Miss. Code Ann. § 45-33-33(1)(a)

The failure of an offender to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety’s choosing, including by electronic means, or to provide any registration or other information, including, but not limited to, initial registration, reregistration, change of address information, change of employment, change of name, required notification to a volunteer organization or any other registration duty or submission of information required by this chapter is a violation of this chapter. Additionally, forgery of information or submission of information under false pretenses, whether by the registrant or another person, is also a violation of this chapter.


Miss. Code Ann. § 45-33-33(1)(b)

Miss. Code Ann. § 45-33-33(1)(a)

Miss. Code Ann. § 45-33-33(1)(b)

(b) A person commits a violation of this chapter who:

(i) Knowingly harbors, or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this chapter;(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.


Miss. Code Ann. § 45-33-33(1)(c)

Miss. Code Ann. § 45-33-33(1)(c)

Miss. Code Ann. § 45-33-33(1)(b)

(c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.

Miss. Code Ann. § 45-33-33(2)

Miss. Code Ann. § 45-33-33(1)(c)

Miss. Code Ann. § 45-33-33(2)

(2)

(a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.(b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.


Miss. Code Ann. § 45-33-33(3)

Miss. Code Ann. § 45-33-33(1)(c)

Miss. Code Ann. § 45-33-33(2)

(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.

(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation’s wanted-person database and issue a warrant for the offender’s arrest. The department shall notify the United States Marshals Service of the offender’s noncompliant status and shall update the registry database and website to show the defendant’s noncompliant status as an absconder.


Miss. Code Ann. § 45-33-33(4)-(6)

Miss. Code Ann. § 45-33-33(4)-(6)

Miss. Code Ann. § 45-33-33(4)-(6)

(4) A violation of this chapter shall result in the arrest of the offender.(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, the county in which he was designated a sex offender, or the county in which the sex offender was found.



Miss. Code Ann. § 45-33-33(7)-(8)

Miss. Code Ann. § 45-33-33(4)-(6)

Miss. Code Ann. § 45-33-33(4)-(6)

(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver’s license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender’s submission to electronic monitoring under the program established under Section 45-33-45.




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