The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry?

Posted on | July 31, 2013 | 48 Comments

As we now know, Craig Richard Gillette pleaded guilty to a federal child pornography charge in 1999. One would think such a conviction would require Gillette, a spokesman for Brett Kimberlin’s 501(c)3 Justice Through Music Project, to register as a sex offender. Yet a search of the Maryland Sex Offender Registry does not show a listing for Craig Gillette, who currently resides in Cabin John, Maryland.

Or so I’m told.

A quick bit of research shows that failing to register as a sex offender is a federal crime, as explained in a press release announcing the recent case of a Maryland resident’s prosecution:

As part of an overall strategy to combat child exploitation, the U.S. Marshals Service launched a nationwide operation in 2010 to target sex offenders who knowingly fail to comply with their sex offender registration requirements.  The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act in 2006.  The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist the states in locating and apprehending non-compliant sex offenders.

Perhaps someone can ask convicted felon Brett Kimberlin where federal authorities might find Craig Richard Gillette in Cabin John, Maryland. Or just call the Justice Department at (202) 252-6933.

UPDATE: As a question, get an answer:

[Gillette was released from federal prison] in 2001, prior to the feds mandating sex registry for these offenders. 3 years of supervised release without special conditions it seems. The registries you cite contain those convicted and sentenced by state courts for sex crimes.

So, there is a “federal pervert loophole,” so to speak?

UPDATE II: Thanks to Lee Stranahan for turning up this chapter that details sex-offender registry for those convicted of federal child pornography charges. I’m not sure what this means for Brett Kimberlin’s associate Craig Richard Gillette, but there seems to be a general consensus among those who have looked at the case that the law would require him to be registered. Of course, I’m not a lawyer, but this situation would seem to need explanation.



  • WJJ Hoge

    He isn’t in DC’s registry either. He also has an address just inside the DC line from Maryland.

  • Pingback: OMFG: Did Brett Kimberlin’s Buddy Cop a Plea on Child Pornography Charges? : The Other McCain()

  • rmnixondeceased

    Released in 2001, prior to the feds mandating sex registry for these offenders. 3 years of supervised release without special conditions it seems. The registries you cite contain those convicted and sentenced by state courts for sex crimes.

  • Mm

    I think we need an expert to weigh in on this topic. Here it says that registration applies RETROACTIVELY:

    “The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006….
    ***The federal registration law applies retroactively to people who were convicted of sex crimes before it became law in 2006.***

  • WJJ Hoge

    If you start at the top of the center column on p. 8896 of this extract from the Federal Register, you will see that offenders convicted prior to the enactment of the SORNA are required to register. Period.

    Md. CRIMINAL PROCEDURE § 11-704 (4) requires that anyone covered by a federal registration requirement be registered if he lives or works in Maryland. Even transient individuals staying more than 3 days must register.

  • bet0001970

    Keep reading SORNA Stacy. It’s retroactive.

  • bet0001970

    Sorry, Mr. Hoge beat me to it.

  • Mm

    I just searched Virginia and he does not appear to be registered there, either.

  • SarahW

    Isn’t he a photographer by trade? Possession is one thing, creation would be worse. He ought to be registered

  • MuddleVanHeck

    Oh my, wouldn’t THAT be a problem for Kimberlin if Anonymous found out he knowingly hired someone with a history like this? That would make Kimberlin and his sycophants look very bad. 🙂

  • bet0001970

    Someone mentioned Anonymous. They’re already gunning for Rauhauser. Now his best buddy Kimberlin has just been accused of a 3rd degree child sex offense and one of Kimberlin’s employees is a convicted child pornographer.

    Yeah. That’s gonna go over real well with the Anons.

  • DaveO

    Why would Anonymous care?

  • Frankie

    They like to style themselves as the online Pedo Hunters

  • bet0001970

    What Frankie said.

  • bet0001970

    Isn’t that the truth. They’re such social progressives until it comes to child predators. And then all bets are off. If they catch one of those guys…they skin alive anyone who stands in their way. It’s like sharks in a feeding frenzy.

  • Finrod Felagund

    “That would make Kimberlin and his sycophants look very bad even worse, as impossible as that sounds.”

  • Mick

    Its this lawyer’s opinion that Gillette is exempt from Maryland registration. He plead to one count of possession under 18 USC 2252(a)(4)(B). As sexual offenses go, this is the least severe, particularly with the one count. Maryland’s registration for Tier I offenders does not include the federal possession statute, rather it only encompasses MD criminal code re: “possession of visual representation of child under 16 engaged in certain sexual acts.” SORNA does not explicitly require that states, as a condition of federal funding to include persons convicted of , or plead guilty to 18 USC 2252(a)(4)(B) on their registry. The DOJ guidance ( ) and the text of SORNA ( would allow for Gillette not be on the registration. He was released by BOP in 2001, and apparently completed his supervised release in 2004, well before SORNA was enacted. Tier I offenders are given some leeway. For instance, MA does not disseminate Tier I offenders to the public. ( Gillette is out of the registry due to Maryland’s non-incorporation of the federal statute. If he had been convicted of possession of child porn under another’s state’s code, he may have been required to register. I think the time of release and non-incorporation of the federal statute excuses him.

  • Mick

    John, I’ve posted below, but given that SORNA requires registration, MD’s statute does not include persons like Gillette. MD 11-701 ( what an offender is for purposes of the registry. Note that it does not incorporate the MD possession statute 11-208, or the catch-all provision applying to crimes committed outside of MD; 11-701(b)(9). He’s got quite the loophole.

  • WJJ Hoge

    My reading of the MD law is that it requires federal offenders to register if the live or work in Maryland. Gillette is a Tier 1 federal offender and should still be in the Register.

    In any case, the federal law requires the he register where lives and where he works, and it has a penalty of up to 10 years for willfully failing to register.

  • DaveO

    There’s a presumption that Kimberlin has played against his own psychology when dealing with Anonymous and not gotten the ID of one of its members and given it to one of his associates. Anonymous may make a move, and BK will turn them over to the FBI in exchange for help in any future prosecution.
    They won’t act unless they can be sure of their safety. It’s the First Law of Predators.

  • robcrawford2

    “They like to style themselves as the online Pedo Hunters”

    And yet… 4chan…