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OH: Court Holds that Adam Walsh Act is Unconstitutional; Awaits Decision from Ohio Supreme Court

An Ohio Appeals court has held, again, that Ohio’s Adam Walsh Act do not apply to individuals who were originally sentenced under Megan’s Law. The court, however, is awaiting further guidance from the Ohio Supreme Court. The case is State v. Davis, 2012-Ohio-3570. In 2004, the Defendant pled guilty to sexual battery and gross sexual imposition. He was sentenced to five years probation.

Pursuant to Ohio’s Megan’s Law, the sex offender registration system then in effect, the Defendant was classified as a sexually oriented offender, the least restrictive classification. As a sexually oriented offender, he was required to comply with the registration framework provided in Megan’s Law, including annual registration for ten years. Additionally, he was subject to the penalties under Megan’s Law for noncompliance. Full Article

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Congratulations, Ohio, in making another bold move forward! This is the most recent of a series of cases in which the state of Ohio recognizes that the registry is in and of itself a PUNISHMENT despite the U.S. Supreme Court decision of Doe v. White in 2003. We need more states to take such moves…including California. Anyone agree?

I truly hope that Ohio makes the right decision. This is honestly a truly disturbing story. In California, as most people already know. there are High Rick, Serious and other offenders (Tiers of sorts). Sexual Battery and Indecent Exposure are normally considered Other Offenses and Non Disclosable. Furthermore, as the author stated, the gentleman was only required to register for 10-years initially. So, its very disturbing to see someone who plead guilty to an offense, has already registered for 8-years and had only 2 more to go when he finds out he will now be required to register for life… Read more »

Bravo, Ohio! Finally someone called a spade a spade… here’s hoping the Ohio Supreme Court and other states will follow suit! (pun intended)

Yes. This is the right track. If you want more infomration as to why the registry is wrong go to change.org and look for “Abolish the Public Sex Offender Registry”. Or just search this title. It has many facts as to why the registry is wrong. The resgistry has created collateral damage via putting innocent people in harms way. Wives, husbands, and children that did not committ crimes but because of their association with one who did they are “bullied” by this registry. I agree if the person has served their time they shold not be punished for life. That… Read more »

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