In Rogers v. State, the State of Georgia charged the defendant with aggravated molestation of a child and rape, and he pled to two counts of aggravated assault. 678 S.E.2d 125, 126 (Ga.Ct.App. 2009). The appellate court cited its precedent that "[i]n determining whether the conduct toward the minor was sexual in nature, courts must look to the underlying facts of the conviction in question."

10 (3).Rainer v. State, 286 Ga. 675, 675-76 (1), 690 S.E.2d 827 (2010) ; see Smith v. Doe, 538 U.S. 84, 93 (II) (A), 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003) (noting that restrictive post-incarceration measures on sex offenders is a legitimate nonpunitive governmental objective); Rogers v. State, 297 Ga.App. 655, 657, 678 S.E.2d 125 (2009) (noting that "[t]he designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes" (punctuation omitted)). The term disability is defined, inter alia , as an "incapacity in the eye of the law, or created by law; a restriction framed to prevent any person or class of persons from sharing in duties or privileges which would otherwise be open to them; legal disqualification."

Rainer v. State, 286 Ga. 675, 676(1), 690 S.E.2d 827 (2010). See Rogers v. State, 297 Ga.App. 655, 657, 678 S.E.2d 125 (2009) (“ ‘[T]he designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes.’ [Cits.]”).

” (Citations omitted.) Rogers v. State, 297 Ga.App. 655, 656, 678 S.E.2d 125 (2009). Under the facts here, the trial court was authorized to conclude that Price's conduct of secretly videotaping his stepdaughter while she was in the nude was by its nature a sexual offense against a minor or criminal sexual conduct toward a minor.