Fairbury Man Charged with Violating the Sex Offender Registration Act
Jody W. Duke, 40, of Fairbury, is facing a felony for failing to update his address with Nebraska Sex Offender Registry. This is not the first time he has been accused of this offense, making the charge a felony.
The defendant appeared in Jefferson County Court on Wednesday, September 13, 2023, in the custody of the Jefferson County Sheriff’s Office for a preliminary hearing. Linda Bauer was the presiding judge.
Duke is a person subject to the Nebraska Sex Offender Registration Act as a 15-year offender. He is charged with violating the Sex Offender Registry Act by failing to report a change of address as required. The charge is a class 3A felony punishable by up to three years in prison, plus nine to 18 months of post-release supervision and a $10,000 fine.
On April 18, 2013, Duke was convicted in Jefferson Count of third-degree sexual assault and attempted third-degree sexual assault of a child.
Any person required to registere under the act shall inform the sheriff of the county in which he or she resides, in person, and complete a form as prescribed by the Nebraska State Patrol for such purpose, if he or she has a new address, temporary domicile, or habitual living location, within three working days before the change. According to the Affidavit in Support of Arrest, Duke failed to do that.
At the hearing, Duke’s attorney, Public Defender Scott Gropp, pointed out that Duke claimed it had only been two days since he moved from his prior residence. However, according to the state, Duke’s landlord indicated it had been eight days.
Rules of evidence are different for a preliminary hearing than a trial. The threshold is much lower. Judge Bauer found there was sufficient evidence and bound the case over to District Court.
The defendant was being held on a $5,000 (10 percent) bond. Gropp asked for a PR (Personal Recognizance) bond, “He has been unable to make bond at this point.”
County attorney Joseph Casson opposed a PR bond, “To the State’s knowledge, he has no place to live.”
Judge Bauer denied a PR bond.
Another hearing is set for October 5, 2023.
Duke has a string of prior arrests and convictions in Jefferson County, including other charges of violating the Sex Offender Registry Act.
On Wednesday, March 10, 2023, Duke was sentenced to 365 days in jail, with credit for 65 days times served, for the same charge in Jefferson County Court.
