The Georgia Court of Appeals recently vacated a trial court's decision denying Kenneth Perry's request to be removed from the state's sex offender registry. This ruling affects Perry, who was convicted of possessing child pornography in 2014 and completed his sentence in 2024. The case raises questions about the application of sex offender registration laws in Georgia and how changes in legislation can impact individuals seeking relief.

Perry filed his petition under Georgia law, specifically OCGA § 42-1-19, after completing his sentence. The trial court denied his request, stating he was ineligible for release from the registry. Perry then appealed the decision, arguing that the court applied the wrong version of the law in its ruling.

Background

Kenneth Perry was indicted in 2014 for possession of child pornography in the United States District Court for the Northern District of Georgia. He pleaded guilty in 2019 and received a five-year probated sentence, which required him to register as a sex offender. Perry's probation ended in April 2024, and he subsequently filed a petition on September 23, 2025, to be removed from the registry.

In his petition, Perry included a letter from the Sexual Offender Registration Review Board (SORRB) classifying him as a Level 1 sex offender, indicating he posed a low risk of reoffending. However, the trial court denied his request without a hearing, citing a provision of the law that required five years to pass before a petition could be considered.

The Ruling

The Court of Appeals of Georgia, in its ruling, found that the trial court had indeed applied the incorrect version of OCGA § 42-1-19. The court noted that the law had been amended in 2024, changing the waiting period from ten years to five years for individuals seeking to be removed from the registry. However, this new provision only applies to offenses committed on or after July 1, 2024.

The court stated, "Because Perry committed his underlying offense before July 1, 2024, the 2010 version of OCGA § 42-1-19(c)(2) applies to him." This earlier version allowed for consideration of release based on classification as a Level 1 offender, regardless of the time elapsed since completing a sentence.

As a result, the court vacated the trial court's order and remanded the case for further proceedings. The judges involved in the decision were McFadden, P. J., Watkins, and Padgett, JJ.

Impact

This ruling has significant implications for individuals on the sex offender registry in Georgia. It clarifies that changes in the law do not apply retroactively to offenses committed before specific dates. As a result, individuals like Perry may have a pathway to seek removal from the registry if they meet certain criteria, such as being classified as a low-risk offender.

The decision also emphasizes the importance of correctly interpreting statutes and understanding the legislative intent behind changes in the law. This case may set a precedent for future appeals regarding the sex offender registry and how courts interpret eligibility for removal based on the timing of offenses.

What's Next

Perry's case will return to the trial court for further consideration of his eligibility for removal from the sex offender registry under the correct version of the law. It remains to be seen if Perry will ultimately be granted relief or if the state will contest his petition further.