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COMMONWEALTH v. BECKER

No. 06-P-1425.

71 Mass. App. Ct. 81 (2008)

COMMONWEALTH v. ALAN A. BECKER.

Appeals Court of Massachusetts, Berkshire.

January 25, 2008.

Attorney(s) appearing for the Case

Janet H. Pumphrey for the defendant.

Marianne Shelvey, Assistant District Attorney, for the Commonwealth.

William C. Newman & Larni Levy, for American Civil Liberties Union of Massachusetts & another, amici curiae, submitted a brief.

Andrew S. Crouch, for John Doe, Sex Offender Registry Board No. 7468 & others, amici curiae, submitted a brief.

Present: CYPHER, KANTROWITZ, & COHEN, JJ.

CYPHER, J.

The defendant, Alan Becker, appeals from his conviction by a District Court jury of failing to register as a sex offender. See G. L. c. 6, § 178H, as amended by St. 1999, c. 74, § 2. The underlying offense was a 1995 conviction in New York for sexual abuse in the third degree. The defendant argues that as he does not come within the definition of "sex offender" in the sex offender registration statute,1 he is not required...

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