The following is a Law Review Article that appeared in the Arizona State Law Journal.

Thanks to Prof. Tamara Rice Lave (Co-Counsel on the Ex Post Facto Plus Challenge) for writing it.


In this Article, I consider ways in which Arizona’s laws regarding sex offenders should be reformed. I begin by focusing on laws that are designed to deal with the danger posed by convicted sex offenders: registration requirements, residence restrictions, and civil commitment. I contend that the state has overstated the risk posed by convicted sex offenders and that the laws meant to control them may do more harm than good. Next, I turn to police sexual violence. I argue that the state needs to go further in criminalizing this abhorrent conduct in order to promote the rule of law and protect vulnerable persons.

I start this Part by considering the motive for laws controlling sex offenders: fear. I then discuss studies that show convicted sex offenders actually pose a significantly lower risk of reoffending than most people believe. Finally, I turn to the three primary laws Arizona uses to control sex offenders: registration requirements, residency restrictions, and civil commitment.

Arizona’s Sex Offender Laws Recommendations for Reform

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