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Bid denied, Portsmouth man stays on offender list

Posted to: Crime News Portsmouth

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Web link: Virginia Sex Offender and Crimes Against Minors Registry

This is the legal definition in Virginia of the crime for which Troy L. Combo was convicted.

§ 18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and

1. The complaining witness is less than 13 years of age, or

2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or

3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or

4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and

a. The complaining witness is at least 13 but less than 15 years of age, or

b. The accused causes serious bodily or mental injury to the complaining witness, or

c. The accused uses or threatens to use a dangerous weapon.

B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

(1981, c. 397; 1993, c. 590; 2004, c. 843; 2005, cc. 185, 406.)


PORTSMOUTH

Nineteen years ago, Troy L. Combo was convicted of aggravated sexual battery. He served his time in jail and his criminal record is permanent. On Friday, he learned he can't get his name and face washed off the state's sex offender registry, either.

Combo, 44, filed a petition in Circuit Court in March seeking removal from the state's Sex Offender and Crimes Against Minors Registry. The registry allows the public online access to information on sex offenders, including their addresses, where they work, and their crimes.

It grows by about 1,000 to 1,400 offenders each year, according to State Police Lt. W.J. Reed Jr., who supervises operation of the registry.

Only about 10 people in any given year petition the courts for removal, he said. The number who are successful is lower still, he said.

To come off the registry, individuals must meet certain criteria, including the length of time since their conviction and the type of offense. Sexually violent offenders stay on the registry for life.

In Circuit Court, Combo's lawyer, Sterling Weaver, pointed out the length of time since the conviction and that his client had no other violations. He told Circuit Judge James A. Cales Jr. that the registry didn't exist when his client was convicted.

Being on it had caused Combo "all kinds of problems" as far as where he lived or worked, Weaver said.

Commonwealth's Attorney Earle Mobley said the court lacks the authority to remove Combo from the registry because Combo committed a sexually violent offense. A Virginian-Pilot reporter could not obtain details about Combo's offense.

The judge agreed with Mobley.

Combo said he filed the petition because he "just wanted to know when this nightmare is over."

He said he made a mistake when he was a young man and is still paying the price. Being on the registry, he said, has meant losing family and friends and not being able to get a job. "I'm on the Internet like a monster," he said. "It's an emotional roller-coaster."

Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com


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