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It Is Not Good To Be Hated By Congress

Congress really doesn’t like sex offenders.

In 2006, it passed SORNA, the “Sex Offender Registration and Notification Act. It can be found at 42 U.S.C. S 16913. It applies to people who are convicted of state sex crimes, or federal child pornography charges.

SORNA requires that each state create a sex offender registry that meets federal standards. It requires any person who has a qualifying conviction to register both where he was convicted and where he lives.

If a person who is required to register moves, changes, jobs, changes his name, enrolls in an educational program, or leaves an educational program, he has to update his registration within three days – though, thankfully it’s three business days, not three calendar days (Congress is accommodating).

Each state is required to make it a crime to fail to comply with these registration rules. The state punishment cannot be less than one year under federal law.

Because federal prosecutors and members of Congress cannot score political points for convictions brought by the state, Congress also created a new federal crime for failing to register. See 18 U.S.C. S 2250.

All this Congressional action, creating multiple levels of registration and prosecution, reminds me more than a little of the reaction of a biker gang to Pee-Wee knocking over their bikes in Pee-Wee’s big adventure.

(Sadly, the scene is not able to be embedded – please see it here – Pee Wee With The Bikers)

Biker #2: [the whole gang holds Pee-wee hostage] I say we kill him!

Biker Gang: [shout] Yeah!

Biker #3: I say we hang him, *then* we kill him!

Biker Gang: [shout] Yeah!

Biker #4: I say we stomp him!

Biker Gang: [shout] Yeah!

Biker #4: Then we tattoo him!

Biker Gang: [shout] Yeah!

Biker #4: Then we hang him…!

Biker Gang: [shout] YEAH!’!

Biker #4: And then we kill him!

Biker Gang: [shout] YEAH!’!’!

Pee-wee: [tries to throw voice without moving lips] I say we let him go.

Biker Gang: [shout] NO!’!’!

Biker Mama: [whistles] I say ya let me have him first!

Biker Gang: [break out in raucous laughter]

In United States v. Trent, the Sixth Circuit reversed a conviction for failure to register under section 2250.

Mr. Trent had a qualifying conviction, which required him to register as a sex offender. He failed to. He admitted that he was guilty, and was sentenced to three years in federal prison – roughly equal to the sentences he received for his sex offenses.

The trouble is, Mr. Trent was required to register in Ohio. Ohio didn’t adopt the SORNA registration requirements until after Mr. Trent was charged with a crime for failing to register.

So, while he was required to register as a matter of Ohio law, the Sixth Circuit held that he wasn’t required to register through SORNA. As a result, his conviction for failing to register under SORNA was vacated, and the charges dismissed.

Lest you think this is a shame – that the Sixth Circuit let a man escape “justice” – please look at the dates in the opinion. Mr. Trent was charged on December 6, 2007. He was sentenced to three years in prison on October 31, 2008. The Sixth Circuit appeal was filed in 2008 (based on the case number).

According to the Bureau of Prisons, Mr. Trent finished serving his sentence – the one that was vacated on August 5, 2011 – on July 16 of 2010.

pixy