A former Alabama state prison officer who pleaded guilty to sex with an inmate must register as a sex offender, even though the sexual misconduct was with a consenting adult, the Alabama State Supreme Court ruled Friday.

Briana Marquise Matthews, a 31-year-old Birmingham woman, was arrested in 2021 on two counts of custodial sexual misconduct involving an inmate at St. Clair Correctional Facility where she was employed.

“We firmly believe that individuals like Briana, who pose no threat to the public, should not be subjected to the same lifelong restrictions intended for true sexual predators,” said her attorney Leroy Maxwell. “This outcome is the product of poorly vetted legislation with unintended, unjust consequences.”

In 2022, Matthews pleaded guilty to the crimes and was sentenced to 10 years with 18 months to serve. She was ordered to serve six months in prison and the rest in community corrections followed by three years of probation.

It was only after she began probation that she learned she was required to comply with Alabama’s sex offender registration and notification requirements.

Matthews and her attorney argued that they had not been informed in her plea agreement that she would have to follow the sex offender registration guidelines.

Her convictions, they said, were based on consensual sexual encounters with an adult inmate. She had no prior convictions or criminal charges, and did not have a propensity to reoffend.

In short, Matthews argued, sex offender registration is designed to “protect the public from perverts,” adding that her circumstances do not make her a danger to society.

In the eyes of the law, an inmate cannot legally consent to sex.

The Alabama Supreme Court on Friday dismissed Matthew’s appeal, and Matthews’ attorney said he is deeply disappointed with the decision.

“Briana Matthews was a young correctional officer who made the poor choice of engaging in a consensual relationship with an adult inmate,” Maxwell said. “As a result, she was convicted of improper custodial sexual misconduct and is now branded a sex offender for life.”

The state’s sex offender registration and notification act prevents convicted sex offenders from living within 2,000 feet of any school, child-care facility or residential camp.

It also restricts the offender from working or volunteering at businesses that cater to children or those located within a certain proximity to locations frequented by children.

There are multiple instances in which a convicted sex offender can apply for relief from the restrictions. Sexual misconduct is among those examples, but custodial sexual misconduct is not addressed either way.

Matthews argued that she should be eligible for relief because custodial sexual misconduct is similar to sexual misconduct, and “because the only reason her actions constitute a crime is due to the other participating adult being incarcerated.”

She also noted that other states allow sex offenders relief from registration requirements for offenses more serious than hers.

“Briana Matthews is not a predator and should not be treated as one,” Maxwell said. “We remain hopeful that lawmakers will soon correct this injustice.”