Fifth Circuit Limits Reach of Sex Offender Registration and Notification Act (SORNA)

A recent federal court decision could allow some convicted sex offenders to avoid adding their names to the federal registry.

2012-09-06

September 06, 2012 (Press-News.org) Fifth Circuit Limits Reach of Sex Offender Registration and Notification Act (SORNA)

In a somewhat surprising move, the federal Fifth Circuit Court of Appeals recently issued a verdict that has limited the reach authorities have over certain people convicted of federal sex crimes.

Background of the Kebodeaux Case

The case -- Fifth Circuit No. 08-51185, U.S. vs. Kebodeaux -- involves a Texas resident (and former servicemember) convicted in 1999 of having "carnal knowledge of a child" under Article 120 of the Uniform Code of Military Justice. Kebodeaux successfully completed his punishment following sentencing, and he wasn't subjected to any form of long-term probation or supervision.

In August of 2007, Kebodeaux registered his El Paso, Texas, residence with authorities pursuant to the federal Sex Offender Registration and Notification Act (SORNA). SORNA was only enacted in 2006, long after Kebodeaux's sentence was carried out, and while he technically was no longer "on the radar" of federal authorities at that time, he did register his El Paso address.

Shortly afterward, though, he moved from El Paso to San Antonio and did not update his registration accordingly. He was charged with violating SORNA provision ? 2250(a)(2)(A) for his failure to register his new contact information with the authorities. Following a bench trial, Kebodeaux was found guilty and sentenced to 12 months incarceration and a five-year period of supervised release afterwards. He appealed the verdict, arguing that, as applied to the facts of his specific case, SORNA oversteps proper federal punitive authority; the Fifth Circuit Court of Appeals agreed.

The Kebodeaux verdict's impact is very limited, and might not make a difference in the lives of other convicted sex offenders who could be facing possible SORNA violations for failing to register a new address following an intra- or interstate move.

State Registration Requirements

The Kebodeaux verdict does not affect the application of any relevant state-level sex offender registration requirements. State statutes vary, but depending on the type of sexual offense charged, whether the offense involved a minor, whether the person is a repeat offender and whether the crime was a felony or misdemeanor, those convicted of sex crimes can expect to face mandatory registration for a number of years. Some are even forced to register for the rest of their lives.

Sex offender registries are obviously designed to protect children from being victimized, which is a laudable purpose, but their effectiveness has still not been quantified after decades of informal and formal registration requirements. Sex offender registries do have a huge impact on the people forced to register, though. Inclusion of a registered sex offender list will have both immediate and long-lasting effects on the registrant's life, and can easily affect housing, career, educational and personal opportunities.

With such severe consequences at stake, those facing charges of a sex-related crime must take action to protect their rights and mount a vigorous defense. If you or a loved one has been charged, seek the advice of a skilled criminal defense attorney in your area to learn more about your legal rights and options.

Article provided by Law Offices of Gary Churak, P.C.
Visit us at www.garychuraklaw.com

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