Claudia Gregoire Criminal Law Blog on Lawyers.com

Sex Offender Registration Not Unconstitutional According to RI Superior Court

Friday, July 31, 2009 by Claudia Gregoire

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Where a defendant pled nolo in 2006 to a sexual offense,he would have to register as a sex offender under a 2008 amendment of RI statute.  The registration does not violate the R.I. Constitution's ex post facto clause, even though the statute was promulgated after the conviction, because the registration is not sufficiently "punitive" to be considered new punishment of which the defendant was not on notice.  The R.I. Superior Court so ruled, pursuant to State v. Germane (which recently decided the constitutionality of R.I.'s sex offender registration statute), 971 A.2d 555 (June 2, 2009).  D'Errico v. State (Kent Superior Court)(K.M. No. 09-321)(July 15, 2009).  Source: R.I. Lawyer's Weekly 7/27/09.
 
Posted at 11:20 AM
Topic: Criminal Law
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