October 30, 2009 By Stephen Klarich

The United States Supreme Court has decided to review a case that will determine whether or not the Sex Offender Registration and Notification Act can be applied retroactively to require convicted sex offenders to register if they were convicted before its enactment. The Act imposes penalties on anyone who is a convicted sex offender, and traveling in interstate or foreign commerce, knowingly fails to register as a sex offender, unless he proves that “uncontrollable circumstances” prevented him from doing so.

An Indiana federal district court convicted Defendant Carr of violating the Sex Offender and Registration and Notification Act. On appeal, Carr argued that he did not violate the act because he traveled before the Act was passed. The Seventh Circuit, in agreement with the federal district court, held that the Act does not require that the defendant’s travel occur after the Act was enacted.

The United States Supreme Court is likely to determine whether it is constitutional to prosecute a person under the Sex Offender and Registration and Notification Act when the defendant’s offense under the act and interstate travel both happened before the Act’s enactment. Wallin & Klarich will be following this case very closely as its outcome will affect several of our clients.

If you or someone you know was accused of a Sex Crime, they need the legal counsel and representation of an experienced California Sex Crime defense attorney who will be following all developments in sex crime law. Wallin & Klarich has been aggressively defending the constitutional rights of those accused of crimes in California for over 30 years. With offices throughout the state of California, our lawyers can provide you efficient assistance. Call us 24 hours a day, 7 days a week, at (877) 466-5245.

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