Montana man convicted of consensual gay sex in 1994 won't have to register as a sex offender
A Montana man convicted of consensual gay sex in 1994 wont have to register as a sex offender.
He was convicted in Idaho of crimes against nature with another teenager and spent seven years in prison before being released.
The Montana Attorney General said it will appeal a federal court ruling that forcing Randall Menges to register as a sex offender was both unnecessary and discriminatory.
Menges was 18 at the time he had sex with two 16-year-old boys. If the boys were 16-year-old girls it would have been legal since the crimes against nature law only applies to sodomy and oral sex.
Montana has no rational basis for forcing Menges to register as a sexual offender on the basis of a 1994 Idaho conviction for engaging in oral or anal sex with a 16-year old male when he was 18, but not forcing those to register as a sexual offender who were convicted in Idaho in 1994 at the age of 18 for engaging in vaginal sex with a 16-year old female, the ruling said.
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