Cain v. State

In this case, we are asked to determine whether a person convicted of second degree assault must register as an “offender” under Maryland’s Registration of Offenders Statute as set forth in Maryland Code (2001), § 11-701(d)(7) of the Criminal Procedure Article. For the reasons stated herein, we hold that a person convicted of second degree assault is not required to register as an offender under the Registration of Offenders statute, unless the elements of the crime contain reference to a sexual offense against a minor.

I. Facts and Procedural History

On July 29, 2002, Richard Wilburn Cain was…