Appeal: A judge is reconsidering the case of Zach Anderson, 19, of Elkhart, Indiana, who was put on the sex offender registry for 25 years after sleeping with an underage girl he met on a hookup app who had lied about her age.Above, Zach (right) is seen in court next to his lawyer, Scott Grabel, during a hearing on Wednesday Hookup: Zach (seen, left, in his mug shot) was sentenced to 90 days in prison by Judge Dennis Wiley earlier this year after driving from his parents' Indiana home to Niles, Michigan, and having sex with the girl (right) whose identity is protected Zach's lawyer, Scott Grabel, had asked the court to vacate the teenager's sentence, claiming that prosecutors had broken a plea agreement during his controversial April sentencing by making recommendations about The Michigan Holmes Youthful Trainee Act (HYTA) to Judge Wiley.
Five years later, lawmakers required that offenders be divided into three tiers based on the seriousness of their crimes, rather than on individualized assessments.
Some offenders must be listed on the registry for life under the changes."As dangerous as it may be not to punish someone, it is far more dangerous to permit the government under the guise of civil regulation to punish people without prior notice," Judge Alice Batchelder wrote for the three-judge panel ruling in the case, joined by Judges Gilbert Merritt and Bernice Donald.
A lie with big consequences: The teenager (seen, center, in court with Grabel, left, on Wednesday) had met his date via the online hook-up, Hot or Not, on which she had listed her age as 17.
As it turned out, she was 14 Judge: Now, Judge Wiley (seen on Wednesday) has agreed to a request from Zach - who was released from a county jail in Michigan in June - to be resentenced in the case, which has sparked debate across America He added: 'I don't certainly speak for the public in general, but the comments I've read nationally think that his whole life shouldn't be ruined by his decision to go on a date and obviously have sexual relations with that person, especially when that person in all honesty misrepresented their true age.' Release: Zach Anderson is pictured being released from a county jail - St.
The elimination of any knowledge requirement, which is problematic even when the "solicitation" involves someone below the age of consent, is especially so when the person approached is 16 or 17.