holding that retroactive application of an amendment of the state’s SORA that extended the registration period from 10 to 15 years, based solely on the crime committed and absent any evidence of reoffending, was punishment that violated the state constitution
How later courts described this case
- holding that retroactive application of an amendment of the state’s SORA that extended the registration period from 10 to 15 years, based solely on the crime committed and absent any evidence of reoffending, was punishment that violated the state constitution
- holding that the retroactive application of state’s sex offender registration law violated ex post facto prohibition in state constitution
- finding that “the affirmative ‘in person’ registration and verification requirements alone cannot be said to be ‘minor and indirect’ ”
- concluding that respective states’ sex offender registry and notification laws imposed punishment
Written by the judges who cited it.
Later courts went against this
Limited by DONALDSON v. CITY OF EL RENO, 2025 OK 9 (2025)
¶24 We reject Donaldson's argument and the trial court's conclusion that Starkey says--for every provision of SORA--the version in effect on the date of his conviction applies.
The opinion
1 88 TAYLOR, J.,
dissenting:
The Oklahoma Sex Offender Registry Act is a civil registration provision that reflects the public record and serves to inform citizens of important public information. The legislature clearly intended this to have retroactive application. The Act is a civil, non-punitive, noneriminal regulatory program that does not violate any ex post facto concerns when applied retroactively. Smith v. Doe, 538 U.S. 84 , 123 S.Ct. 1140 , Connecticut DPS v. Doe, 538 U.S. 1 , 123 S.Ct. 1160 . This registration list is not punishment. It is a convenient uniform reflection of the public record. It is one of the many, many unpleasant lifetime civil consequences of being con-vieted of a felony. The public's right to have this information trumps the discomfort and inconvenience caused to the convicted sex offender.