Janice’s Journal: Preparing for Challenges to SORNA Regulations

The new SORNA regulations became effective today. We do not like them and yet they are here. The question is what are we going to do about it?

It is important that every registrant remember that although the new SORNA regulations are now effective, most registrants have not yet received a government notice that their registration requirements have been changed. Without that notice, registrants have an affirmative defense if they are charged with violating any of the regulations.

This is not a time to panic. However, it is a time to be conscious and aware of any new registration requirements and to report to ACSOL any government notices you receive regarding such requirements.

Why? Because ACSOL fully intends to challenge the new SORNA regulations.

In fact, ACSOL is developing a two-prong strategy that includes litigation, as expected, but also includes a non-judicial challenge. ACSOL is not yet ready to disclose the details of either prong but expect to disclose the details of at least one prong during the next 10 days. Please stay tuned.

In the meantime, keep calm and carry on. We have your back.

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Thank you so much Janice and the whole group of you

Thank you for the words of encouragement, ACSOL team.

I agree that you shouldn’t discuss too much information as I’m sure anti-ACSOL figures do lurk on this website to gather information.

I love you guys and everything you do to help us. Have a great Friday 🙂

According to NARSOl and my own research, almost all of these amendments are not new, except attempting to bring Pre-Megan’s law and Pre-SORNA offenders into the Adam Walsh Act, which will probably bring a multitude of lawsuits.
Some states have already judged the AWA unconstitutional and a violation of Ex Post Facto and therefore, those states will not be affected, and NO, NO Federal police is going to come looking for you if your state has judged this unconstitutional and arrest you because you are in violation of federal law.
The State you live in is responsible for which laws it decides are unconstitutional and you cannot be held accountable for those laws it tosses out in their appellate and Supreme courts-they are responsible for what they deem legal and not legal, not you.
Even circuit courts judge some federal laws unconstitutional and do we see the feds come rushing in to arrest people-NO!
You do need to know, however, how laws vary from state to state, for what may be illegal in one can be legal in another and vice-versa.

Thank you for the reassurance.

Thank you Janice. These new regulations are very upsetting. I can’t imagine having to register every 3 months or having to remember all my online usernames or email accounts I no longer use but are in my name or alias names. I’m even afraid to comment on this site. – I would like to know if you could be forced to reviel our email addresses we submit when posting here. I’ve stopped posting under my past user name here because I don’t want the government to know what I’ve said here in the past.

I’m hearing mixed signals of how this affects those no longer required to register. Per the guides, it “appears” it does, but it will be interesting to see how this unfolds and how 900,000 notices will go out in just a few months, and how you are tiered, especially if the state offense is more broader(ie, no categorical match. Is there an automated system that will do this? How long will this process take?

I will say I will not be traveling internationally anytime soon, as even if I’m no longer required to register, my return from the trip may be the flag that puts me back into system.

Man this is so depressing.

I am happy to hear that this organization will challenge SORNA.

I always thought that they were meant to be used as guidelines to the States who wish to implement them under the guise that the regulations would create more uniformity.
Like the federal tax law operates with the same force and effect everywhere. The problem is that different states have vastly different laws triggering the requirement to register. For instance, the age of consent is different in different States. So 2 people in different states can engage in the exact same behavior but one ends up on the registry and the other doesn’t. Then the Federal government comes along with an additional overlay of rules and regulations to impose on the one who has to register. There is no equal protection.

This is for SR or anyone else who wants to chime in:

18 U.S.C. § 2250- Failure to register

          Section 2250 of Title 18, United States Code, makes it a federal offense for sex offenders required to register pursuant to the Sex Offender Registration and Notification Act (SORNA), to knowing fail to register or update a registration as required. State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation.
          A sex offender who fails to properly register may face fines and up to 10 years in prison. Furthermore, if a sex offender knowingly fails to update or register as required and commits a violent federal crime, he or she may face up to 30 years in prison under this statute.

Updated May 28, 2020

what does this mean to us here in California?

Now this is federal right? Or at we talking about the regulations being implemented in California? If we’re not, I’ll just wait on word from the state.

The regulations being proposed do seem to make a change, from requiring action by States to requiring action by sex offenders themselves.

Sure seems like we’ve now gone way beyond sending in that discount club card once a year…

Hopefully the actions being planned against this will result in an improvement.

Could these new regulations be the catalyst to overturn Smith vs Doe sending it to the Chief Justice Roberts? Be interesting to see what states decide to do. Let this be the crack in the dam parting SORNA into thin air and placing it in the reins of Hell!!

Thank you so much.

I received a message from my friend J.P. Welsh of Safer Virginia last night about updates on the registry and about a conference on zoom, and yes he does mention about ASCOL’s plan in 2023 and sure many should look forward to going to D.C even as a bus group from VA or other states. Even getting back to ones camping or sleeping bag ordeals is a plus.
 I’m sure if they can have a rally in Tally than this registry has a reason more so in law and government and yes we all look forward to D.C. Society Justice vs social justice whats more in justification/ peaceful challenge. J.P also mentioned that we in VA are keeping up pretty good with SOMA and yet I have to agree with Janice and many of you all on this SOMA issue. Its like one flew over the Coo,koooos, nest.

Brandon isn’t SORNA a law in and of itself that is sort of a roadblock in much of this registry issue. I mean this sex issue is bad enough even to add more fire to the pot

I have told you all that!!! John Walsh wants to place the blame on all people for his son,s death. When it was his wife who admitted to not watching thier child. But YOU have too pay for the fault of A parent who didn’t give a shit. Til her kid became missing that they give a shit.. Oh no it not they place to watch their kid its YOURS. And don’t forget

“Sex offenders also must register in a jurisdiction in which they attend an educational institution, broadly defined, whether or not that is the jurisdiction of residence. Correspondence or Internet courses are exempt, unless the program also involves some physical presence in the jurisdiction at the school.”

What does the word “jurisdiction” mean? If I live in one city within a county and go to college in a different city within the same county do I have to register in that new city? Both cities have their own PD.

Morning to all!
So as of right now, CA is not SORNA compliant? That means that if I register once a year I continue to do so without having to worry about registering every three months (since I haven’t received a government, state or county notice regarding my current registration requirements)? If for some reason we do find ourselves registering every 3 months, would that begin at your birthday or the beginning of every year? I am asking, because we all know how states/counties can be or try to place fear in you! I am just trying to be alert and aware because like many of us, we have children and wives that we are trying to protect and be there for. I have been on top of my responsibilities and have a great job where doors continue to open and I am trying not to let the sky be my limit or anything trying to hold me back from being a better provider for my family. Please let me know, much love, respect and praying for you all!

“State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation.

so chime in people?? what does this mean in California? feedback is appreciated!

A question that bothers oneself and I’m sure many—The goal of online sex sting operations is to prevent sexual predators from soliciting minors. So who is soliciting a minor in this web of deceit whether online or offline sexual or non sexual in this type of cohesive law or justice type, with this form of temptation type action, or who perverts to prevent?
Should we all be realistic about this or do we all justify our actions So is its all about the internet or some I told you so ordeal, or a you thought you were talking to a teenager to compensate for one’s actions when blind justice tried to justify their actions. So is true justice ringing today or is this some watershed justice of a confidence type challenge. Is government holding out with some FTR…now I sound like Will Allen. And yes we all can get a mad and upset

Would lying, deceit, or disguising oneself be a part of real true justice today? or maybe some jaded justice to pervert others, or is even the registry a trap type honor system of a reform school law that is challenge able or changeable in nature. Who’s weighting the balance? or where is christian liberty or true value in the America Justice system today or perhaps court values have gone by the wayside today in many respects. Challenges are good and I do wish Janice and many that undertake these ordeals Gods speed.

So how does this new SORNA effect SO in California who have gotten their record expunged 1203.4?

Caman its a wait and see game in many instances. J.P.Welch of Safer VA last time he wrote to me he was in Florida and that was last year about this time. He told me nothing was really happening in and around VA. My sister I hate to say is one of those busies bodies yet I could have lost her back than but she was on a different plane ( with band members) in the Marshall plane football crash. She doesn’t even want to think about that crash I’m so but i’m sure Janice and her team have everyone’s best interest out in CA.

This is extremely unsettling and I’m quite terrified! I can’t believe we have to live in constant terror of going to jail over trivial things and forced to jump through hoops in order to stay in compliant. We basically have to become lawyers in order to deconstruct ambiguous law that they don’t even understand. The government has revealed itself to be a terrorist group in plain site and no one gives a hoot. This is literally the definition of cruel and unusual punishment.

Please stay strong my fellow registrants. WE MUST FIGHT BACK.

I’m just going to keep doing what I’ve been doing till the state legislature changes a law. First game of whack a mole Russian style with our government. I rather put lipstick on a pig, at least I’d get some bacon and a rack of ribs.

Does Affirmative defense mean it has to be resolved in court? Like, they can arrest you, lock you up, charge you bail if you can afford it and wait for your affirmative defense to grind it’s way through the legal system?