Genarlow Wilson freed by Judge's Order

A judge has ordered that Genarlow Wilson be freed from prison, where he has spent more than two years for receiving consensual oral sex from a 15-year-old girl when he was 17.

Monroe County Superior Court Judge Thomas Wilson also amended Wilson's felony conviction this morning to a misdemeanor without the requirement that he register as a sex offender.

Wilson's lawyer, B.J. Bernstein, appealed to the judge Wednesday to free him from prison, arguing that his 10-year prison sentence and inclusion on the state's sex offender registry is grossly disproportionate and violates the Constitution.

Bernstein also pointed to how the Legislature changed the law last year to make similar acts a misdemeanor punishable by a maximum of one year in prison. Wilson, now 21, has been locked up for more than two years.

Judge Wilson agreed the 10-year prison sentence "would be viewed by society as 'cruel and unusual' in the Constitutional sense of disproportionality."

"The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor... and will spend eight more years in prison is a grave miscarriage of justice," Wilson wrote in his order, which was released this morning.

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