ILNews

SCOTUS rules on scope of sex offender registration law

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT