Avoiding Sex Offender Registration

[ths81]

My question involves criminal law for the state of: missouri took alfred plea at age 19 for sex offense in early eighties by 1988 my sentence was served. in 1995 was told to register as sex offender.I did until missouri supreme court ruled I was exempt do to retroactive laws. Then when sorna came into effect because of attorney generals ruling that all sex offenders must register regardless of date of conviction. Have never been in any trouble with law since conviction 29 yrs. ago.Can I do anything to keep from registering.

[flyingron]

Alford, not alfred.
Unfortunately, the Missouri Supreme court decided that SORNA trumps their earlier decision.
You're going to have to register unless you fit into one of the two exemptions under SORNA.

[noprimenumbers]

If you are asking if you can challenge the law and win. The answer is only if you have every base covered. Currently I am going through a failure to register charge here in MO and am moving for dismissal on the ground of conflict between state and federal laws. I should win this in a few more months. This will open a very small door in the law. Well more like a crack. If exploited properly it could lead to other wins. I am also now prepared to request a decision on the definition for "registered sex offender" and if all goes well it will be a boost to removing some of the restrictions that the registered sex offender has to deal with.

This is the book I am working on that contains all the information of what I am working on for here in MO.
http://www.myredball.com/due_process...TheSexOffender

[flyingron]

Really? How do you get around the decision in Doe V. Keathley in 2009 in the Missouri Supreme Court that specifically rules against this same argument?

[noprimenumbers]

Sorry I left you hanging on just what I meant by "all the bases covered". Most people jump on the Constitutionality of a law before they even look at the law. SORNA has been upheld in MO because those that question it have not even looked into the law to see what is really wrong with it. Now you and I are in the same boat because of others incompetence. In all honesty it is not the Constitutionality that is the problem here. SORNA started out just fine and then when the US Attorney General tried to make himself look good it all went to hell. And we all know what happens when one person near the top adds a bunch of bull crud as a side dish to a good meal. Anyway it is the good state and federal laws that will correct the wrongs that have been done.

p.s. I had to look and now I remember why I used the ignore function. If a law can't prove itself on its own merits and live in harmony with the laws that have then the law must be unjust as seen by those laws. So if you really must question me read this page http://www.myredball.com/due_process...redSexOffender then prove (As in validated proof) it wrong and I will remove you from my ignore list.
Do you accept the challenge?

[aardvarc]

How will you see the response if the target poster is already ON "ignore"?

[noprimenumbers]

How will you see the response if the target poster is already ON "ignore"?

I have read a large number of your posts, and would listen to you even if you put me down a bit because I have some respect for your intelligence. So please tell me that didn't go over your head...

[ths81]

I am not aware of any exemptions in Missouri on sorna,since it used only as a quideline and the states can go above and beyond.My conviction was almost thirty years ago. Compleatly out of system for 24yrs. and while in prison did the required sex offender programs. According to sorna I am tier III and must register for life.What I can not understand is how Missouri can go back to 1979 with their registry,when the law did not take effect until 1995.No other states do this that I am aware of.Can someone PLEASE help me.

[noprimenumbers]

First there are no exceptions. This is because of the half cocked Constitutional challenges that went to the MO Supreme Court.
Should you decide to make a Constitutional challenge you have a lot of work to do to win. This is due to the oral arguments of the Constitutional challenges.
Some of the things that you would have to prove would be that the SORNA rule of affecting pre-existing charges can only affect the Federal inmates. Then that the MO law for regulation of Sex Offenders can only affect at the State level. But just to get your foot in the door you would need to prove that the State was in error in the arguments that were presented.
You would also need to show how the laws affect conditions that existed before the enactment of the law. To do this it would be necessary to get the court to accept a definition of RSO that would appeal to all sides. Then outline the divisions between the "Sex Offender" and "Registered Sex Offender" and the list goes on.

Now don't be discouraged as the more of us that work on this the faster it can be done.

I have a file that is over 500 megs in size on this subject and have still yet to get all the information needed to provide for a solid case. This is about ten times the amount of work I would expect from my attorney and the state combined. I am working on getting this information up on my site but it could be a while. You can PM me and I will be glad to assist you in any way I can as this has had a devastating affect on me and my family for something really stupid that happened 20 years ago.

[noprimenumbers]

I got to thinking and I remembered that Mo sec 589.400 did have a way that one can get removed from having to register by petitioning the courts.
http://www.moga.mo.gov/statutes/C500-599/5890000400.HTM
If you think you qualify let me know.