Augusta County Woman Sentenced for Failing to Register as Sex Offender

ROANOKE, VIRGINIA – A previous convicted sex offender, who due to her previous criminal conduct was required to register as a sex offender, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke for failing to maintain her sex offender registration, United States Attorney John P. Fishwick Jr. announced.

Kimberly Ann Avery, 53, of Augusta County, previously pled guilty to one count of failing to register as a previously convicted sex offender. Today in District Court Avery was sentenced to 15 months in federal prison and five years of supervised release thereafter.

“When individuals fail to comply with the Sex Offender Registration and Notification Act they will be held accountable,” United States Attorney Fishwick said today. “SORNA is an important tool for law enforcement and our community that ensures our friends and neighbors are kept informed and safe.”

According to evidence presented at previous hearings by Assistant United States Attorney Charlene R. Day, Avery was aware that she was required to register as a sex offender under SORNA and had, on two separate occasions in 2011 and 2015, completed Virginia Sex Offender and Crimes Against Minors Registration Forms.

However, on September 29, 2015, a probation officer prepared a major violation report for Avery, citing multiple probation violations, including having contact with minor children, using illegal drugs and absconding from state probation. The report further stated that Avery failed to report for a scheduled appointment and that her whereabouts were unknown.

On November 4, 2015, investigators with the United States Marshals Service in the Southern District of Texas located Avery and conducted and interview with Avery, during which she stated she was tired of being labeled a monster and that she absconded because she wanted to live a normal life.

On November 5, 2015, investigators interviewed GT, a friend of Avery. GT admitted to knowing Avery for 30 years and further admitted that he knew Avery was a convicted sex offender and said Avery had picked him up from Connecticut, that they had traveled to California and then to Texas. GT stated that Avery did not register as a sex offender because she knew she would be arrested if she did. GT also stated that Avery wanted to abscond because she was not the monster she was being made out to be.

The investigation of the case was conducted by the United States Marshals Service and the Virginia State Police. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.