NARSOL sues West Virginia’s over $125 Annual Registry Fee
On October 14, 2025, the National Association for Rational Sexual Offense Laws (NARSOL) filed a federal class-action lawsuit in the Southern District of West Virginia, challenging a recently enacted West Virginia law that would impose a $125 annual registry fee on individuals required to register as sex offenders.
The suit, Kaso, et al. v. Mitchell, contends that the fee is not a legitimate administrative cost, but in effect a punitive fine — one that is imposed regardless of a registrant’s ability to pay — and therefore unconstitutional under the Eighth and Fourteenth Amendments.
Under the new West Virginia statute, registrants who fail to pay the fee may face property liens. NARSOL’s attorneys have asked the court to issue a declaratory judgment that the statute is facially unconstitutional and to enjoin its enforcement.
Although Florida does not have a uniform, state-mandated registration fee for sex offenders, many Florida counties have already imposed local fees in practice. Florida registrants in certain jurisdictions already face financial burdens akin to those challenged in West Virginia.
Duval County, for example, charges a $25 fee each time a registrant must update or re-register, and failure to pay is penalized by criminal sanction — turning a financial burden into a criminal offense.
If NARSOL prevails in West Virginia, it could provide persuasive authority (though not binding outside the Fourth or lower courts) for challenges in Florida courts. The core arguments in Kaso v. Mitchell — that the fee is punitive rather than administrative, and that enforcing it without regard to ability to pay violates due process and equal protection — mirror arguments that would apply to many local Florida fee ordinances.
If enforcement penalties (e.g. making nonpayment a crime, revoking registration, triggering liens) are part of the scheme, that bolsters the claim that the fee is punitive in nature. Moreover, the structure of Florida’s registry system, with its frequent reporting and update obligations, heightens the burden on registrants and intensifies arguments about fairness and proportionality.
You can read the complaint here: Kaso, et al. v. Mitchell
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Considering numerous studies have shown SORNA nor residency restrictions serve any useful purpose in reducing recidivism of registrants, one must ask themselves, “What purpose do these laws serve?”. I can think of two things. One, it gets politicians elected/re-elected because the average voter is slightly better educated than a rock about these laws and the US Constitution and two, it’s a money maker on numerous levels. Not just in direct income from the US Government and registration fees, but indirectly in increased property taxes to fund the staffing increases at the County/City level.
I was born and raised in West Virginia. My offense (F.S. 794.05(1)) and its underlying conduct (consensual sexual activity with a 17-year old when I was 25) do not constitute a crime under the laws of West Virginia, where the age of consent is 16. However, due to an oddity in how West Virginia’s registration law is written (I believe the only one in the country with this provision), I would have to register there for life were I ever to return, even if I am eventually released from registration requirements in Florida. My independent duty to register under Federal SORNA has expired. This is especially absurd considering that some West Virginia registrants are only required to register for 10 years, and they actually did something that broke the laws of that state.
In all surrounding states, I would either no longer be required to register at all (such as Ohio), would have a fixed term of registration (10 years upon moving to Pennsylvania), or would be able to petition for removal (as in Virginia), but in West Virginia I would be subject to registration for life for something that isn’t even a crime there. How is this rationally related to a compelling government interest?
I pay 150 a year in Tennessee
I pay 200$ a year in Memphis TN
I have a quick question you mentioned that your duty to register under federal law has expired how do you know that. My offense predates the registry 1995
Tearful
Same. My arrest was in 1991 in Florida and the registry didn’t start until 1997 here. I was retro-actively applied for life. Almost 35 years after my offense, still registering 4 times a year. Since the registry was retro-actively applied to many of us, how does state law then override a federal law?
Do all 50 states get to decide what the registry looks like for each state? [Moderator’s note: Yes]. I know they have to follow the basics of federal law, but we have been seeing lots and lots of registry restrictions lately, causing some to find no place to live except in the woods.
So here is my thought process. if we are indeed off the Federal registry. Why are we not allowed to vote in Federal elections. If they dont want us voting for local yocals that is one thing but Pres/VP we should have that right. Has anyone thought to attack our voting rights issue on the Federal only level. Kind of curious. I thought the right to vote was a federal right.
To address your point about each state. I am sad to say a state’s rights conservative. My only family with my encouragement voted for DeSantis, Rubio, Trump, Scott. Even though every year DeSantis makes my life worse. I try to look at the overall picture.
Sorry I am ranting lol.
There’s no Federal registry nor Federal prohibition on registrants voting.
“There is no worse tyranny than to force a man to pay for what he does not want merely because you think it would be good for him.”
-Judge Robert A. Heinlein
Why would ability to pay matter? So if I have an income I pay and if I don’t have income, I don’t pay or it is on a sliding scale? It is all wrong. It is punitive period. What other crime demands payment from you until your dead? (this is not about restitution or court costs etc.)
It is just a new form of debtor’s prison, but one that can never be paid.
I don’t see how they could get around this.
The 8th amendment is very clear.
So no one else has to look this up, I did it for you.
Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”