VA: Convicted Sex Offender Pleads Guilty to Violating Federal Sex Offender Registration and Notification Act

Source: justice.gov 5/5/22

BLUEFIELD, W.Va. – A convicted West Virginia sex offender pleaded guilty today to failing to provide information related to foreign travel as required by the Sex Offender Registration and Notification Act (SORNA).

According to court documents and statements made in court, Andrew Todd Smith, 32, of Peterstown, Monroe County, admitted that he traveled to South Africa in November 2021 without providing the required advanced notification. Smith was required to register as a sex offender under SORNA after he was convicted of three counts of third-degree sexual assault in Monroe County Circuit Court in 2013. Smith admitted that when he registered as a sex offender with the West Virginia State Police, he signed written forms acknowledging his requirement to report any international travel at least 21 days in advance.

Smith is scheduled to be sentenced on August 2, 2022, and faces up to 10 years in prison, supervised release of five years and up to life, and a $250,000 fine.

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Trash. The whole system. Especially those who are “following orders”.

So, how in the world can someone get prison time for an administrative rule? If he did not give the notice, he should have received a ticket or warning, just like any other administrative obligation. If I forget or don’t pay for my DMV renewal, I doubt I will go to prison. Should this not add to our ammo to prove that the registry is NOT administrative?

Now it makes sense: $250,000 fine.Got to keep the SORNA folks in pizza and beer.

It is terrible that you can get prison time from something “not punishment” something that is administrative, should only get fines. How can this not be unconstitutional? This is my biggest fear, now that I’m done with probation parole. When are they going to come knocking at my door and telling me you forgot to do something?

Why? Simple question: why does he face such severe punishment for simply going on vacation (business trip, whatever) without informing Big Brother?
Just think about it.
🔸Was someone at risk of death or great bodily harm b/c he didn’t tell LE he was going out of the country??
🔸We’re passengers on the airplane at extreme risk b/c they weren’t informed there was a registrant on board with them?? (Oh, that’s right, they DON’T inform fellow passengers, so that must not be it. 🤔)
🔸We’re children in his home locale at greater risk b/c he WASN’T home while on vacation??
🔸So what was the actual crime he committed?? Who was harmed and how???
It seems the severely punitive consequences of IML infractions is purely for retributive purposes – nothing more. That is, he is being punished simply b/c he didn’t cross LE’s T’s and dot LE’s I’s. 😡

I am disappointed in the lack of challenges to the IML. This law should have never got this far.

I can’t believe they (US ATTY OFFICE) actually issued a press release on this. They should be embarrassed to have to enforce this “administrative” violation rather than be proud of it.

But the updated SORNA says you can travel internationally without the 21 day notice if you are traveling due to an “emergency”. Absolutely NONE of this gibberish makes any sense and all it does is create a trap for the unlucky to be caught up in by somebody looking to “score” a “catch” for a few bonus points in their career. God help anyone who makes one wrong move or looks at somebody the wrong way. This “system” is absolutely disgusting.
SOLPRC’s – “SORNA 2022: Guide for Practitioners to New Federal SORNA Regulations Effective January 7, 2022” – last updated May 2, 2022

David you and Tim with his Internet crystal ball have the answer to all this. Their is such a thing as Responsibility and when one is on the registry Responsibility goes a long way. Just think of the millions of people from all walks of life they have to put up with or is it easy being a cop or a Top Cat sorry I mean top cop. If a person can out think a cop than they have my attention or do we all make errors in judgement. If one is guilty they are guilty plain and simple.
Guess many want to seek monetary damages or seek their own judgement. I’m still trying to figure out the band AC/DC and I never really liked their music but I guess it takes all kind. Janice can only do so much with educating but we all have a voice.

The government appears to use the terms “Sex Offender” and “Registrant” interchangeably.
If someone is a “Sex Offender”, meaning they have at some time been convicted of a “sexual offense”, but is not required to register, would they still have to give notice? If so, to whom?

So is the 2022 Revised SORNA applicable to California, considering that California never applies SORNA?

This may sound indifferent, but if this man successfully got into South Africa, I hope he reported it to RTAG.

So I live in PA and was removed by judicial determination, Ie, went to court with a lawyer and was ordered off the hit list due to the Muniz decision. I have a job opportunity right over state lines in a state that is fully sorna compliant. I won’t be living or even staying overnight, just work during the day and home at the end of the day. Wondering if they’ll pick me up on some kind of notification system. Something that say, I work there and they are tipped off some how.