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10th Circuit Rules on SORNA's Retroactivity

By Corey Rayburnyung

In U.S. v. Husted, the 10th Circuit has gone against the majority of courts reviewing SORNA prosecutions by finding that retroactive application of the statute to interstate travel before the passage of the Act was in conflict with the plain language of the statute. From the opinion:As noted, § 2250(a)(2)(B) applies to whomever ?travels in interstate . . . commerce? (emphasis added). Congress?s use of the present tense form of the verb ?to travel? indicates that SORNA?s coverage is limited to those individuals who travel in interstate commerce after the Act?s effective date.4 See 1 U.S.C. § 1 (directing courts that, unless context indicates otherwise, ?words used in the present tense include the future as well as the present?); United States v...continue to full post

Full post as published by Sex Crimes on November 18, 2008 (boomark / email).