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SORNA Challenges Rejected

By Shari Allison

US v. Lawrance, -- F.3d --, 2008 WL 5123846 (10th Cir. 12/8/08) - no dice on SORNA challenges. The 10th reaffirms prior holdings that prosecution under SORNA does not violate the Ex Post Facto Clause because it is civil in intent and nonpunitive in purpose. The Attorney General's Interim Rule deals only with initial registration and does not apply to Mr. Lawrance, who traveled in interstate commerce after July 2006 and failed to update his prior registration as SORNA required. SORNA does not violate the Commerce Clause because it regulates interstate activity -- the evasion of registration requirements by sex offenders who cross state lines. And there was adequate notice of SORNA's registration requirements to satisfy due process.

Full post as published by Tenth Circuit Blog on December 09, 2008 (boomark / email).