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SCOTUS rules on scope of sex offender registration law

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The Supreme Court of the United States has ruled that a federal law requiring sex offenders to update their registration when crossing states lines doesn’t automatically apply to those who committed their crimes before the law was passed.

In a 7-2 ruling issued Monday in Reynolds v. United States, No. 10–6549, the court reversed the 3rd Circuit Court of Appeals that had dismissed a sex offender’s lawsuit challenging his arrest and conviction for violating the Sex Offender Registration and Notification Act, enacted in 2007.

Billy Joe Reynolds served four years in prison after being convicted of a sex offense in Missouri in 2001. After his release in 2005, he registered in Missouri but didn’t update his registration when moving to Pennsylvania in 2007. He was charged with knowingly failing to register according to the law and was sentenced to 18 months imprisonment. Reynolds sued on the grounds that his crime was before the U.S. attorney general issued an opinion in early 2007 that SORNA applied to pre-act offenders, but the 3rd Circuit ruled against him and dismissed the suit.

The SCOTUS overruled that appellate decision, sending the case back to the Circuit level for a decision on whether the AG had validly specified such an application. Justices Antonin Scalia and Ruth Bader Ginsburg dissented, writing that they believe the law applies to pre-act offenders regardless of what the AG has done.

Federal courts, including the 7th Circuit, have been split on this issue in recent years. The SCOTUS ruled in 2010 on an Indiana case, Carr v. United States, but the justices sidestepped addressing whether the SORNA registration requirements applied to the original sex offense and instead focused on when the interstate travel occured. In Carr, the court held that the SORNA doesn’t apply to sex offenders whose interstate travel occurred before the law went into effect.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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