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Criminal Law

: Sex Crimes

Ohio Supreme Court Upholds Registration Statute Against Ex Post Facto Challenge

By Corey Rayburnyung

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Sentencing Law and Policy reports that the Ohio Supreme Court has ruled that amendments to the state's sex offender registration and reporting law  apply retroactively and do not violate prohibitions on ex post facto laws.  The decision itself (which split 4-3) is here and an official press release is here. The Columbus Dispatch has more.  From the official press release:Writing for the majority in today?s decision, Justice O?Connor affirmed the court of appeals? holding that applying the S.B. 5 sex offender classification, registration and community notification requirements to [the defendant] did not violate the ex post facto provision of the U.S. Constitution or the retroactivity provision of the Ohio Constitution. Justice O?Connor noted that in its 1998 Cook decision, the Court had already upheld retroactive application of the 1996 sex offender registration statute on the basis that the classification, registration and notification requirements it imposed on prior offenders were remedial rather than punitive in nature...continue to full post

Full post as published by Sex Crimes on October 01, 2008 (boomark / email).

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