In 1997, Therrien pled no contest to attempted sexual battery by a person under eighteen years of age upon a person under twelve years of age and lewd and lascivious assault upon a child less than sixteen years old. He was given a suspended sentence. Three years later the State filed a motion to classify Therrien as a sexual predator under a 1998 amendment to the Sexual Predators Act. The trial judge approved the motion, the First District Court affirmed and certified a question of great importance.