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  1. #1

    Default If You're Off Your State's Sex Offender Registry, What Happens if You Move

    My question involves criminal law for the state of: Illinios and near by states.

    I am no longer on the registry in the state of Illinois and wanting to move to another state (since IL is going to heck in a hand basket). My concern is if I move to another state, let say Iowa for example, would I have to re-register there even though I am no longer on the registery here in Illinois? Seems I read somewhere requiring me to do so would be considered Ex Post Facto but I am not sure with all the chances in the laws.

  2. #2
    Join Date
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    Default Re: If You're Off Your State's Sex Offender Registry, What Happens if You Move

    If you move to another state, you will have to follow the registration requirements of your new home state. That state could have a longer registration requirement, or a shorter requirement.

  3. #3
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    Oct 2014
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    Default Re: If You're Off Your State's Sex Offender Registry, What Happens if You Move

    In general sex offender registration laws have been held not to be further punishment for the sex offense for which the person was convicted and thus do not violate the ex post facto prohibition in the Constitution even if enacted after the person committed the offense. Moreover, courts have generally upheld the requirement of a state to require a person moving to that state to register who was convicted of a sex offense in some other state. In general, the time allowed to register after moving is very short, often just a few days. Thus, you really need to find out if the state to which you want to move would require you to register and exactly what those requirements are so that you don’t overlook registering on time while dealing with all the other hassles of moving.

  4. #4

    Default Re: If You're Off Your State's Sex Offender Registry, What Happens if You Move

    I appreciate your response. You stated that, "courts have generally upheld the requirement of a state to require a person moving to that state to register who was convicted of a sex offense in some other state" and that is true. But I believe from what I have read over the last year that is largely referring to sex offenders currently on the registry, not those who are no longer required to register. If I recall correctly there are at least three cases on record (not sure of legal terms for that) that. One talks about a man who moved from one state to another. He had been released from the sex offender registry prier to his move. He was arrested in the other state for failure to registry. He faught this arrest in court and the court ruled in his favor stating that by making him register that it created a Ex Post Facto problem. Again I don't know the law and will check with an attorney before I actually decide to move. Just trying to gather information ahead of that. Thank you for your help.

  5. #5
    Join Date
    Sep 2010
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    Default Re: If You're Off Your State's Sex Offender Registry, What Happens if You Move

    Again, as Mr. K and TM told you, it is NOT an ex post facto. You haven't specifically listed what state you are interested in, but let's take Indiana. It matters not to Indiana whether you were released from registration requirements or even if you were required to register in Illinois at all. The requirement depends only on whether you were convicted of a crime substantially equivalent to the ones listed in their statute.

    You're obviously thinking of Doe. V Snyder. That decision, specifically applies to Michigan's law, though it probably would be precedent in the rest of the sixth circuit. It wouldn't apply to Indiana, Illinois, or Wisconsin. The sixth circuit comprises the states of Ohio, Tennesee, Kentucky, and Michigan. The problem is that as you were told by the other posters, there's a Supreme Court decision that pretty much says the opposite (Doe v. Smith). It comes down to not that the registration is unconsitutional but how much other sanctions a particular state may impose "after the fact."

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