Occasionally I have been asked by people outside Georgia who have a prior registerable sexual offense conviction but are no longer required to register whether they can move to Georgia without being forced back onto the registry.  This is a more complicated question than it should be.I

The answer depends on the nature of the move.  The answer is found in OCGA 42-1-16(e).

Temporary Moves May Trigger Registration

If the person is relocating to Georgia temporarily for employment or school, then a move to Georgia may trigger registration.  That is because of the differing language in OCGA 42-1-12(e)(7) and (8):

(7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory;
(8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory.

So, if the person comes to Georgia on a temporary basis in excess of the durations described, then they may have to register regardless of whether they are required to register in the originating state.  this will depend on whether they are regarded as a "nonresident sexual offender."  Sexual offender is one who has been convicted of an offense that Georgia would classify as "a criminal offense against a victim who is a minor" or any "dangerous sexual offense."  Each of those last two terms have definitions which depend on the dates of offense.  

Permanent Moves Probably Do Not Trigger Registration

If the person intends to change his permanent residence to Georgia from a state where they are not required to register, then they most likely do not have to register in Georgia.  That is OCGA 42-1-12(e)(6).

(e) Registration pursuant to this Code section shall be required by any individual who:
(6) Is a nonresident who changes residence from another state or territory of the United States or any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory or who has been convicted in this state of a criminal offense against a victim who is a minor or any dangerous sexual offense;

II the person makes the permanent residence change, he or she can then work or go to school without triggering a registration requirement since they are no longer a nonresident at that point.  

One Little Exception

I do have to make one little caveat to the permanent move rule.  That would be a situation where the underlying sex offense conviction is from Georgia and there has not been a prior order removing the registration requirement.  

Conclusion

Does it make sense? No.  

Should it be fixed? Yes.  

Do I expect anyone at the legislature to be aware of and willing to do anything that might be interpreted as making it easier for a sex offender to exist in Georgia? No.