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Criminal Law

: Sex Crimes

9th Circuit Rejects Challenge to SORNA

By Corey Rayburnyung

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In U.S. v. George, the 9th Circuit rejected the constitutional challenges to a SORNA prosecution. You can download the opinion here. The Commerce Clause analysis by the court was particularly disappointing:SORNA was enacted to keep track of sex offenders through interstate movement. Such offenders are required to ?register, and keep registration current, in each jurisdiction? where the offender lives, works, or goes to school. 42 U.S.C. § 16913(a). As stated by the Eighth Circuit, ?[t]his language indicates Congress wanted registration to track the movement of sex offenders through different jurisdictions.? United States v. Howell, 552 F.3d 709, 716 (8th Cir. 2009). ?Under § 2250, Congress limited the enforcement of the registration requirement to only those sex offenders who were either convicted of a federal sex offense or who move in interstate commerce...continue to full post

Full post as published by Sex Crimes on August 26, 2009 (boomark / email).

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