Month: June 2010

Sex Offenders! They Show Up Everywhere!

While some push the fear and misinformation buttons, a growing number are beginning to understand the facts. This article from Alaska is an example of intelligent thinking.


In 1996 a Federal law went into effect which required all states to require convicted sex offenders to register, and to make that information available to the public.

Many people carry the new Internet enabled

Supreme Court: Registry law doesn’t apply to all sex offenders


CARR v. U.S.


No. 08-1301.

Supreme Court of United States.

June 1, 2010.

JUSTICE SOTOMAYOR delivered the opinion of the Court.

Since 1994, federal law has required States, as a condition for the receipt of certain law enforcement funds, to maintain federally compliant systems for sex-offender registration and community notification. In an effort to make these state schemes more comprehensive, uniform, and effective, Congress in 2006 enacted the Sex Offender Registration and Notification Act (SORNA or Act) as part of the Adam Walsh Child Protection and Safety Act, Pub. L. 109-248, Tit. I, 120 Stat. 590. Among its provisions, the Act established a federal criminal offense covering, inter alia, any person who (1) “is required to register under [SORNA],” (2) “travels in interstate or foreign commerce,” and (3) “knowingly fails to register or update a registration.” 18 U. S. C.

Adam Walsh’ Provision Requiring Attorney General to Reclassify Sex Offenders Violates Separation of Powers


Adam Walsh’ Provision Requiring Attorney General to Reclassify Sex Offenders Violates Separation of Powers

Opinion: Adobe PDF Link opens new window.

Video clip View oral argument video of this case.

(June 3, 2010) In a narrowly tailored decision announced today, the Supreme Court of Ohio voided as unconstitution al two sections of the Ohio Adam Walsh Act (AWA) that authorize the state attorney general to reclassify sex offenders who had already been classified by judges under a previous version of the law, “Megan’s Law.” The Court held that the challenged provisions violate the separation-of-powers doctrine of the Ohio Constitution.

Today’s decision leaves in place all of the law enforcement registration and community notification requirements of the AWA applicable to sex offenders who were classified on or after the Jan. 1, 2008, effective date of that law, and reinstates the pre-AWA registration and community notification requirements that judges had ordered offenders to comply with pursuant to Megan’s Law.

In this case, Christian Bodyke, David Schwab and Gerald Phillips were separately convicted of sex-related crimes prior to 2007. Pursuant to the pre-AWA version of Ohio’s sex offender classification statute (known as Megan’s Law), the trial court in which they were convicted conducted a formal hearing in each case at which the judge reviewed factors enumerated in the statute and issued a final order assigning each of the offenders to a classification that imposed a duty of postrelease registration with the sheriff in their county of residence.