In September 2011, ____ ____, then 26, was arrested for having a relationship with a 15-year-old girl. … Six months later, he agreed to plead no contest to misdemeanor counts of indecent assault and corruption of minors, while the prosecution dropped felony statutory sexual assault. … Nowhere in the agreement or at his March 5, 2012, plea hearing was there ever any mention of having to register as a sex offender under Megan’s Law. … So months later, when Mr. ____ was notified by the Pennsylvania State Police to comply with the new…
Read MoreTag: Ex Post Facto
OK: Sex registry law needs overhaul
In 2007, the Oklahoma State Legislature approved a new law that required all sex offenders be classified under a three-tier system that placed offenders in a specific category depending on the nature of the sex crime. However, the Oklahoma Department of Corrections (DOC) went a step further and made the new registration law retroactive to 1998. However, in June 2013, the Oklahoma Supreme Court ruled the retroactive application of the rule was unconstitutional. Full Article
Read MorePA: Myerstown man sentenced for failing to register as sex offender
More than two decades after receiving probation for an indecent assault charge in Florida, ____ ____ finds himself serving a prison sentence in Lebanon County today because he failed to register as a sex offender in Pennsylvania. ____, 52, of 411 N. College St., Myerstown, said he did not know of a change in law that occurred in December that requires him to register as a sex offender with Pennsylvania State Police. Full Article
Read MoreNH: State’s sex-offender registry overreaches (Editorial)
The N.H. Supreme Court is pondering the fate of a man convicted, several decades ago, of sexually assaulting his teenage stepdaughter. The man has served out his prison sentence, undergone years of counseling and been deemed “rehabilitated” by the court. Now in his 60s, he is disabled. None of which would be fodder for the state’s highest court, except that since he was released from prison in 1990, the state has repeatedly enacted laws calling for those convicted of sexual assault against children to register with the police, so a…
Read MorePA: Megan’s Law sex offender list grows under new state rules
…Neither the judge, nor the prosecutor, nor ____’s defense lawyer raised the possibility that he would one day be required to register as a sex offender, a transcript of the proceeding shows. That’s not surprising since at the time, the crime ____ admitted to — second-degree misdemeanor indecent assault — didn’t invoke Megan’s Law, which aims to protect the public from sex offenders by publishing their photos, addresses and other information on a website. … But that has changed due to a controversial new law pushed by Congress. Ten months after…
Read MoreOK: Removes 2,400 Registered Sex Offenders After Supreme Court Ruling
Oklahoma has removed 2,400 sex offenders from its registry since a state Supreme Court decision six months ago. The legislature passed a law in 2007 increasing the number of years sex offenders have to register and it was applied to people already convicted, but the Oklahoma Supreme Court said the law could only apply to people going forward. Full Article
Read MoreNH: Sex offender registry law is unconstitutional (Editorial)
Today, New Hampshire’s Supreme Court will hear arguments in a case that will turn on the basic constitutional principle that criminal laws cannot be retroactive, thus punishing someone for an act that was legal at the time. Nor can the punishment for a crime be changed after the fact. Full Article
Read MoreAK: Alaska Supreme Court overturns 2006 conviction
The Alaska Supreme Court last week overturned the conviction of a 62-year-old Ketchikan man who had been found guilty in 2006 of failure to register as a sex offender. In its April 25th opinion, the court writes that the original offense for which ____ ____ was convicted occurred in the 1980s, before the State of Alaska passed the Alaska Sex Offender Registration Act. That 1994 law required convicted sex offenders to register with the state, even if the offense took place before 1994. Full Article
Read MoreLet the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders
Under current due process doctrine, punitive damages awards against civil defendants are reviewed for “proportionality” with the underlying misconduct, in accordance with traditional principles of retribution in punishment. This Comment argues that the same proportionality analysis could and should be applied to review statutes imposing harsh civil restrictions on the lives of released sex offenders who have already served their criminal sentences. The argument first proceeds by way of analogy. Like punitive damages in the civil context, sex offender restrictions are (1) in tension with the principle of fair notice…
Read MoreMA: Court Says Sex Offender Law Not Retroactive
BOSTON (AP) — The state’s highest court has ruled that Massachusetts cannot retroactively post information about thousands of registered sex offenders on the Internet. Full Article Related: July 2013 Ruling / Preliminary InjunctionAppellant’s Brief SJC ruling keeps 6,000 Level 2 sex offenders off state web registry
Read MoreSupreme Court May Take Up Va. Sex Registry Case
WASHINGTON (AP) — She was a 24-year-old swimming instructor who had a sexual affair with a male student under 16. The woman was convicted in Virginia in 1993 of unlawful sex with a teenager and served 30 days in jail. She was listed on the state’s sex offender registry, and could have tried to get her name removed at some point, but didn’t. Fifteen years later, the state passed a new law that reclassified her and thousands of others as violent sex offenders. The woman — identified in court papers…
Read MoreTX: Constitutional or not, court allows registration requirement for sex-offenses predating registry law
The Texas District and County Attorneys Association’s weekly case summaries last week described a new Court of Criminal Appeals decision which required sex-offender registration for offenses committed before the creation of the registry. The decision, though, failed to address the question of whether the underlying statute is constitutional, an issue dissenters said they should have confronted. Full Article
Read MoreMO: Missouri Supreme Court rules against sex offenders
JEFFERSON CITY, Mo. (AP) — Missouri’s Supreme Court on Tuesday sided against three men previously convicted of a sex crime and facing a new criminal charge under a law making it illegal for them to be near certain parks. The cases are the most recent to focus on a portion of the Missouri Constitution barring retrospective and ex post facto laws. The high court ruled last month the ban on retrospective laws does not apply to criminal statutes. A divided Missouri Supreme Court concluded Tuesday the parks restriction is a…
Read MoreSymposium: Predators, Porn & the Law
The growing enactment of sex offender restrictions has been one of the most notable developments in criminal law in recent decades. Thus far, courts across the country have been relatively complacent in allowing legislatures to test the limits of various civil liberties. The Ex Post Facto Clause has been among the first constitutional victims of these new laws. Whereas the Clause was once construed as a substantive right protecting citizens against vindictive or arbitrary legislative actions often based upon the hysteria of the moment, it has become a hollow shell…
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