Submitted: July 22, 2019
Motion for Relief from Sex Offender Designation Denied.
B. Smith, Esquire of the Department of Justice, Dover,
Delaware; attorney for the State.
Kathleen K. Amalfitano, Esquire of the Office of the Public
Defender, Dover, Delaware; attorney for Defendant.
WILLIAM L. WITHAM, JR. JUDGE.
before the Court is Ahjalik Davis (hereinafter
"Petitioner") and his Motion for Relief from Sex
Offender Designation. The Petitioner moves to be relieved
from sex offender designation that stemmed from his
conviction in this Court on one count of Unlawful Sexual
Contact in the Third Degree, pursuant to 11 Del. C.
§§ 4120 and 4121.
considering the Petitioner's motion and the arguments of
the parties at the hearing, it appears to the Court that:
November 6, 2017, the Petitioner pled guilty to one count of
Unlawful Sexual Contact in the Third Degree, a misdemeanor,
in violation of 11 Del. C. § 767. This is a
Tier I designated offense pursuant to 11 Del. C.
§ 4121(d)(3). The victim in the case was not a
child under thirteen years of age.
February 14, 2018, the Petitioner was sentenced to one year
supervision at Level V, which was suspended for one year
supervision at Level III. As a result of his conviction, he
was further required to be designated as a Tier 1 sex
Petitioner filed his motion on February 7, 2018 and moved to
be relieved from the sex offender designation. The State did
not submit a formal reply in opposition, but submitted its
opposition to the Petitioner's motion at the hearing held
on July 22, 2019.
October 9, 2018, subsequent to filing his motion for relief,
the Petitioner was found in violation of probation due to
positive urinalyses for marijuana and noncompliance with the
Court's order to complete a Sexual Disorders Counseling
Treatment Program. The Petitioner had also failed to find
employment or attend school.
Petitioner reentered the Sexual Disorders Treatment Program
subsequent his violation of probation. On May 1, 2019,
however, he was once again discharged unsuccessfully and
reported for this, as well as other probation violations
including failure to appear at the probation office every
Monday and violating curfew.
Petitioner asserts that relief from sex offender designation
is warranted as he has complied with statutory requirements
pursuant to 11 Del. ...