Last month the supreme court decided State v. Moir. It is a case about how a state sex crime—namely, indecent liberties with a child—fits within the offense tiering system set out in the federal Sex Offender Registration and Notification Act (SORNA). Full Article
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While I believe the bulk of the problem with SO registries are the result of federal law, I see opportunity in federal law to shut down many a thing in California’s life-time registration for 288 (a)’s.
For instance, in my case, there is NO “Aggravated Sexual Abuse” and there is only “Aggravated Sexual Contact” because that definition can be used so generally and so broadly. Under federal law, which is very harsh indeed there is now way in hell I could ever be considered a Tier 3 SO, and I believe unworthy of IML notification, depending on whether the federal government truly believes level II’s meet the standard of notification!
There is also a caveat that one must already be a tier I or II before one can be made a tier II or III, which is not a State of California standard–you become one regardless of whether you were any such level at the time, which assumes a harsh but more reasonable test that one is dealing with already a bona fide SO to begin with, which goes to recidivism.
I see a lot of hapless means of aggregating people carelessly and negligently and believe that if some sort of reconciliation between Federal and State law were done the SO’s of California and perhaps other States who have a mandatory and conflicting ( with the federal government) life-time registry system in place there could be relief for many.
In addition, It appears true that I too dont see a way for a judge to relieve someone of their duty to register after 10 years.
So I ask Janice and Chance do you see a way to resolve this 10 year thing! if so I’m a client!
Well, I guess our fates rest on them agreeing to what is the correct number of angels that can be fit on the head of a pin.
I believe our federal government has lost sight of its’ charter, getting involved . The feds have created another over reach program to divert more tax money. It is just crazy. So much is wasted in chaotic duplicated effort by the feds.
This is one reason why a tiered registry is not a good idea. It will open a new can of worms!
If a tiered registry passes, we can expect a lot more of these chaotic-type — and expensive/time-consuming to litigate — court interpretations that may further bog any efforts to fight for a more fair registry.
Another example why CA should avoid a tiered registry. A tiered registry will hold us hostage to the even more draconian powers of the Adam Walsh Act.