Sex offender registry case under review at US Supreme Court
The U.S. Supreme Court is considering whether to hear a case that would review the rapid expansion of state sex offender registries.
March 29, 2014
Sex offender registry case under review at US Supreme CourtArticle provided by Rosenblum Schwartz Rogers & Glass PC
Visit us at http://www.rsrglaw.com
The U.S. Supreme Court met recently to discuss whether to take a sex offender registry case. The appeal comes as many states across the country expand the categories of sex offenses that carry registration requirements.
The case being considered originated in Virginia. A swim instructor in her mid-20s had an affair with a student who was under the age of 16. She was convicted of unlawful sex with a teenager and served 30 days in jail in 1993.
In 2008, Virginia passed a law that reclassified the woman as a violent sex offender. The practical effect was to restrict the woman who is now married with three children from school and church property. She could seek permission from state court or a local board, but this would reveal her children's identity and could take years.
A federal district court and the U.S. 4th Circuit Court of Appeals rejected her challenge that the law violates her constitutional rights. The appellate court held that she needed to use the state remedy before challenging the law.
As offenses are reclassified more people with minor and older convictions will need to register with authorities. With growing sex offender lists, it is impossible to keep track of everyone and this dilutes the value of the list.
Missouri registration requirements
A Missouri guilty plea or nolo contendere entered in a felony sex crime found in section 566 of the code includes a registration requirement. An individual needs to register with law enforcement within three days of various events, such as release from custody or moving to a new community. Some crimes against the family may also trigger the requirement.
Similar to the Virginia case, a statutory rape conviction in Missouri would trigger a lifetime registration requirement. Several ways exist to get off the sexual offender registry. For example, if the conviction was reversed, vacated, set aside or pardoned. For the statutory rape conviction, if no force was used, a petition could be filed to remove a name from the sexual offender registry ten years after being required to register.
Because so few avenues exist to remove your name from a sex offender registry, it is important to fully understand the consequences of a plea bargain. A plea may also limit your employment, education and housing options. This is on top of the criminal penalties which may include prison, large fines, court fees and sex offender treatment.
Speak with an experienced criminal defense attorney right away once charged to ensure your constitutional rights are protected. After a review of your case, a lawyer can assist in building a defense and advocating for the best possible outcome available.