Families of SOs Community Group
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This is one thing that I have noticed over the years with some of these sex offender laws. The state pushes the envelope too far or the state passes far too many laws against sex offenders, then at some point the ramifications arising from the registry are shot down by a sensible court. The state sort of rolls the dice once too often and gets too big for its britches, and then they cross the line that no court can accept.
They did this in Oklahoma. Every year the legislators seemed to play a game as to which one could propose more laws regarding sex offenders. We had residency restrictions, teir levels, anti-clustering laws, etc. Then they passed the identifiction mark "Sex Offender" on the face of the driver's license.
Then SORNA was passed and there were even more regulations. Finally an gentleman went to court and won. The state was not content to limit their damage to a more localized court. So they upped the ante, doubled down so to speak, and it finally went to the Oklahoma Supreme Court in June.
The Oklahoma Supreme Court took all the laws and regulations into consideration and ruled that SORNA in this state could not be applied retroactive because they ruled that all the laws over the years had made it PUNITIVE in nature. Oklahoma could not leave well enough alone---they just had to keep passing more and more laws each legislative sesssion and it would up biting them in the butt.
Now Oklahoma is forced to remove thousands from the sex offender registry. Oklahoma lost big time in this case. The judges did not strike down the registry or SORNA, but they did say that SORNA could not be applied retroactively.
I think the net gain from this decision is that the Oklahoma lawmakers will think twice before passing any more legislation regarding sex offenders in the future. They got burned once and I think they know the landmark court decision was the result of them passing too many sex offender laws.
I am hoping that at some point many judges will see the cumulative effect of all these laws and strike down some of the provisions of the registry.
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