United States v. Black
773 F.3d 1113
10th Cir.2014Background
- Defendant Jay Black pleaded guilty to sexual abuse of a minor under 18 U.S.C. § 2243(a) for consensual sex when Black was 18 and the victim 14.
- Black argued he fell within SORNA’s exemption for offenses "involving consensual sexual conduct" where the victim was at least 13 and the offender was "not more than 4 years older than the victim" (42 U.S.C. § 16911(5)(C)).
- A comparison of birthdays showed Black was 55 months older than the victim (i.e., more than 4 years by months/days).
- Black urged a "whole years" or colloquial method: subtract completed years (18 − 14 = 4), which would place him within the exemption.
- The district court rejected Black’s method, requiring SORNA registration; Black appealed.
- The Tenth Circuit adopted the Third Circuit’s analysis, holding "not more than 4 years older" means no more than 48 months (1,461 days) between birthdays, and affirmed the registration requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper method to determine "not more than 4 years older than the victim" under SORNA § 16911(5)(C) | Black: use whole completed years (subtract ages in years only) | Government/District Court: compare birthdays (months/days matter) | Court: Compare birthdays; "4 years" = 48 months / 1,461 days; Black falls outside exemption |
| Whether § 16911(5)(C) is ambiguous enough to trigger rule of lenity | Black: statute ambiguous, apply rule of lenity to favor defendant | Government: statutory language and context are unambiguous | Court: No grievous ambiguity; rule of lenity inapplicable |
Key Cases Cited
- United States v. Brown, 740 F.3d 145 (3d Cir. 2014) (held “4 years” means 1,461 days/48 months in SORNA context)
- Consumer Prod. Safety Comm’n v. GTE Sylvania, 447 U.S. 102 (statutory interpretation starts with statutory text)
- FDIC v. Meyer, 510 U.S. 471 (undefined statutory words construed by ordinary meaning)
- Holy Trinity Church v. United States, 143 U.S. 457 (context may constrain ordinary meaning)
- Dean v. United States, 556 U.S. 568 (rule of lenity requires grievous ambiguity)