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IA: Iowa’s High Court Rules That Despite Appeals, Sex Offenders Must Register

[iowapublicradio.org]

People convicted of sex crimes are still required to register as sex offenders in Iowa even if they’re appealing their convictions, according to today’s ruling by the Iowa Supreme Court.

The case centers on the appeal of Brian James Maxwell, who was hired as a youth coordinator for two churches in the Winterset area in March 2014. That month he inappropriately touched a 16-year-old girl who he met through this job.

The next year Maxwell was convicted of lascivious conduct with a minor and sentenced to a year incarceration.

Maxwell appealed and was released on bail. At this time he also petitioned the Iowa Department of Public Safety, saying he shouldn’t have to register as a sex offender while the appeal was pending. Maxwell argued that registering as a sex offender “is a severe collateral consequence” that he shouldn’t have to endure since the appeal process exists to “weed out error”.

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  1. J

    So if he now has to REGISTER while APPEALING and wins the APPEAL, how do the courts justify the DAMAGE (PUNISHMENT) caused from REGISTERING and putting on FRONT STREET an INNOCENT man??

    • NPS

      He lost the appeal. It’s stated in the final sentence of the article.

      • J

        When he lost his appeal it was time to register but until the last gavel is sounded I do not feel he or anyone else should have to register on the (WEB). I feel the courts made the wrong ruling. Do you?

  2. Who removes from list

    Because he isnt innocent. I dont agree with the ruling. But by law the convicted have to register. And he is was convicted.

  3. J

    I agree and that’s what I lnitially thought but but the Registry is the Joker in a deck of cards and needs to be handled as one.

  4. mike r

    16 years old sure seems like a equal protection issue only at a federal level since a lot of states 16 is age of consent.I think if argued correctly he could prevail. The constitution doesn’t state similar situated in a state,.

  5. AJ

    IA’s age of consent is 16, so he may win his appeal. Then again, perhaps IA declares 16 a minor in the specific statute under which he was charged. (Stupid? Yes, but since when have legislators made sense in the laws they write and pass?) In the interim, he has been convicted of a sex offense, and thus must, under IA’s “regulations” (i.e. RC laws), register. If one assumes as true the concept that it’s regulatory, it does make sense legally that he must register. Were it punishment, it would be held in abeyance while he exhausts appeals, as I’m sure any sentence handed down currently is.

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