The Georgia Supreme Court has rejected a Calhoun man’s challenge of the sex offender registry law as unconstitutional.

In 1996, Derrick Todd Dunn was convicted of statutory rape, and on Jan. 17 of this year, he moved temporarily into a motel before moving on Jan. 23 into a new permanent home.

Three days later, he went to the Gordon County Sheriff’s Office to register his new address and was arrested for failing to register the motel address, where he remained less than a week.

Under state law, convicted sex offenders must register with the local sheriff within 72 hours of changing their address.

In addition, Dunn had also failed once before to obtain prior permission from his probation officer before moving.

The state subsequently filed a motion to revoke his probation and return him to prison.

In response, Dunn’s lawyer filed a motion to strike down the registry law as unconstitutional “as applied to registered sex offenders living at a temporary address.” The trial court rejected Dunn’s motion and revoked his probation.

Dunn appealed, and his lawyer argued that the law violates Dunn’s due process rights because the requirements for notification of a change of address are vague. However, the high court disagreed stating the law specifically requires the registration of any “change of residence address” and states that the information required includes “any current temporary residence.”

He also put forth another argument that state law violates the right to equal protection by requiring a Georgia sex offender to register a change of address within 72 hours, while giving an offender from another state 14 days to register after moving to the state.

Justices disagreed, stating the argument is based on a “misreading of the statute” which defines a “non resident sexual offender” as one who comes to Georgia for 14 days or longer. However, a non-resident offender is also required to register within 72 hours of a change of address, the opinion stated.

“The facts in this case clearly established that Dunn, after departing his prior domicile, took up temporary residency in the motel but failed to register his address change with the Gordon County Sheriff’s Office within 72 hours,” Chief Justice Carol Hunstein state in a concurrence.