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Court Rules Ohio's AWA Compliance Statute Unconstitutional

By Corey Rayburnyung

In Evans v. Ohio, a court in Cuyahoga County ruled that the state's AWA compliance statute is unconstitutional because it violates the Ohio Constitution's prohibition against retroactive punishments and violates the ex post facto clause of the U.S. Constitution. While there has been some recent pushback against the AWA at the federal level, this is a notable successful challenge at the state level.  Here is a key portion of the opinion (which thanks to a couple helpful readers you can download here):The Act is punitive because it is not tailored to a non-punitive purpose. The Adam Walsh Act fails to consider an offender's likelihood to re-offend. The expanded notification provisions ostracize offenders. The residency restrictions are arbitrary...continue to full post

Full post as published by Sex Crimes on May 12, 2008 (boomark / email).