The U.S. Department of Justice has threatened to prosecute people for failing to register even when their state no longer requires nor allows them to do so.
According to Reason.com, “Someone who fails to meet these requirements and travels outside his state can be charged with a federal crime punishable by up to 10 years in prison. At trial, the defendant has the burden of proving that he was unable to register as required by the federal Sex Offender Registration and Notification Act (SORNA).”
A federal judge in California has ruled that this violates the constitutional right to due process.
U.S. District Judge Jesus G. Bernal wrote, the Justice Department “has done exactly what is forbidden by the Constitution: ‘to declare an individual guilty or presumptively guilty of a crime.’” Bernal continues, saying that the Department of Justice “subverts the procedural safeguards deeply rooted in our history and constitutional framework.”
The Alliance for Constitutional Sex Offense Laws (ACSOL) joined this lawsuit. Thank you, Janice Bellucci.