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Withdrawn Plea, Vacated Convictions Included in Ever Expanding Reach of Sex Offender Registration

SORNA, the Sex Offender Registration and Notification Act, became law in 2006. We recently posted a piece about how the Fifth and Eleventh Circuit Courts of Appeals have expanded the definition of what constitutes a sex offense under the law. These two circuits were following the trend in SORNA cases.

In 2013, the U.S. Supreme Court in United States v. Kebodeaux said “SORNA’s general changes designed to make more uniform what had been ‘a patchwork of federal and 50 individual state registration systems” which had “’loopholes and deficiencies’ that had resulted in an estimated 100,000 sex offenders becoming ‘missing’ or ‘lost.’” Full Article

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  1. CA

    If SORNA comes to California, will it be retroactive? and will it apply to those who’s convictions were before 2006????

    • ab

      California like many other states have decided not to follow SORNA or rather most sections of it because doing so would cost too much. Until federal regulations become cheaper for states to manage don’t worry about it being followed in California. Every sentence in the awa requiring an update of information beyond once a year is extra funds needed and even once a year is almost too expensive in certain states with high registrant populations.

      By the way expanding the reach of SORNA isn’t just dumb, its also stupidly expensive.

  2. David

    What BS!! Roberson’s conviction (plea) was vacated….yet SORNA still uses it as a basis for a SORNA conviction!? Total BS!
    SCOTUS needs to wake up and address the unconstitutionality of SORNA, registries, and all the ex post facto add-on punishments!

  3. Harry

    The World must of stop, one day, and the United States must of fallon off, along with The Constitution.

  4. JohnDoeUtah

    Keep in mind all you need to do to fall under SORNA is to travel in interstate or foreign commerce. Under this rationale, if your conviction was overturned, and you state no longer required registration – then you moved, the feds could indict you for failing to register. Basically, there is no escape from your requirement to register under federal jurisdiction (besides maybe a presidential pardon, which cancels all “administrative” collateral consequences of the conviction, but doesn’t erase the conviction).

  5. A

    These are grown adults making these decisions? so, if someone’s conviction is vacated at a later time, meaning… the person ended up not being guilty, but failed a requirement while still “thought” of be guilty…A new crime is committed? Wow!!!! This is even worse than I imagined it could be. These aren’t humans …. they’re puppet masters. 🙁

  6. Tired of this

    I feel like there’s going to be an eventual tipping point if the proverbial noose keeps tightening, when registered citizens (and those who fought the system) decide they’d rather just take their chances and drop off the grid. One thing is certain- human beings have a breaking point.

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