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Another federal district judge finds constitutional problems with Adam Walsh Act

By Douglas A. Berman

Though I am still thinking about what to think about Chief Judge Alex Kozinski's kinky computer activities (basics here and here), there is a much more consequential federal sex offense story brewing concerning the SONRA provisions of the Adam Walsh Act.  Specifically, as detailed in this local story, another federal district judge has found constitutional problems with the Act:A federal judge in Missoula this week ruled that a provision of the national Sexual Offender Registration and Notification Act is unconstitutional and dismissed a felony indictment accusing one sex offender of failing to register in Montana. In a 44-page opinion issued Wednesday, U.S. District Judge Donald W. Molloy ruled that Congress cannot federally criminalize a sex offender's failure to register in a state-run database...continue to full post

Full post as published by Sentencing Law and Policy on June 14, 2008 (boomark / email).