State v. Orr, 304 P.3d 449

Defendant Brett Orr was NC- convicted of taking indecent liberties with children (NC statute) requiring lifetime registration in NC.
Orr moved to New Mexico, registered in San Juan County (May 12, 2011), then moved to Cibola County and failed to notify/register there.
Orr was charged in NM for failure to register as a sex offender under SORNA.
Orr pled August 22, 2011 with an oral reservation to withdraw the plea if NC conviction was not equivalent to a NM sex offense under SORNA.
District court compared NC elements to NM SORNA offenses and found no exact one-to-one match but concluded the NC offense encompassed five NM offenses; motion to withdraw was denied.
This appeal focuses on whether the NC offense is equivalent to a NM sex offense, and if not, remand for factual development under Hall II.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the North Carolina conviction equivalent to a New Mexico sex offense under SORNA?	State argues conduct could trigger NM registration under SORNA.	Orr contends no equivalence and insufficient record of underlying facts.	Remanded for factual development; no definitive equivalence determined.

State v. Hall (Hall II), 294 P.3d 1235 (2013-NMSC-001) (look beyond elements to defendant’s conduct to determine equivalence; underlying conduct may require NM registration)
State v. Hall (Hall I), 149 N.M. 546, 252 P.3d 770 (2011-NMCA-047) (elements-based equality showed non-equivalence for CSCM; later reversed by Hall II)
State v. Lewis, 144 N.M. 156, 184 P.3d 1050 (2008-NMCA-070) (comparing another jurisdiction’s offense to NM offenses for equivalence)
State v. Duhon, 138 N.M. 466, 122 P.3d 50 (2005-NMCA-120) (statutory interpretation of NM crime standards (de novo review))