Legal Question in Constitutional Law in California

Present required offender registration and internet posting in MO

Is there any way that I can challenge Missouri law forcing me to register every 90 days, even tho the crime happened in another state,(CA,which only requires registering once a year) Neither is the victim here and never was. And I am not on parole and wasn't when I moved here.

Also, my name and address being posted on the internet,(again, the crime did not happen here) can anything be done about getting it taken off. What about my families right to privacy and/or protection.


Asked on 1/26/05, 3:51 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Present required offender registration and internet posting in MO

States can require you to register even if you committed the underlying crime in a different state or country, provided that the crime of which you were convicted is analogous to a crime in that state which also requires registration. If the law were otherwise, offenders could defeat the purpose of registration by moving across a state line.

Can you challenge the law that requires you to register? Yes, but not on the basis that you don't like its effect on you. You would have to show that Missouri had no authority either to enact the law or apply it to you. To do this you must show that the law is contrary to the U.S. and/or Missouri constitutions, that it is contrary to a federal statute or that federal law has pre-empted the state's authority to require registration.

Nothing you have said suggests that you could successfully bring such a challenge, but there may be something in the statute's language which would support your case. Given that many registration laws have been challenged and have been upheld, my guess is that you would lose such a case.

Your right to privacy is not impacted because the fact of your prior conviction is public information. While you and your family have an interest in keeping a low profile, the public also has an interest in knowing where offenders live and the Missouri legislature has decided that the latter interest is more important than the former. This is the type of decision legislatures are supposed to make so, unless you can challenge the law as I described above, there isn't much you can do about the public posting of your address.

Sorry I can't be more encouraging.

Read more
Answered on 1/26/05, 4:35 pm


Related Questions & Answers

More Constitutional Law questions and answers in California