In the case of Doe v. Snyder (49 F.Supp.3d 719, 2020), the U.S. Federal Court for the Eastern Federal of Michigan ruled that the state’s Sex Offenders Registration Act (SORA) is unconstitutional on various grounds, including vagueness, strict liability, and first amendment issues. SORA enforcement therefore is unconstitutional for those who committed an offense before April 12, 2011 with no preceding offenses.
The following portions of SORA are unconstitutional to all registrants:
- Void for Vagueness:
- The prohibition on working within a student safety zone, MCL 28.733-734
- The prohibition on loitering within a student safety zone, MCL 28.733-734
- The prohibition on residing within a student safety zone, MCL 28.733, 28.735
- The requirement to report “[a]ll telephone numbers…routinely used by the individual,” MCL 28.727(1)(h)
- The requirement to report “[t]he license plate number, registration number, and description of any motor vehicle, aircraft, or vessel…regularly operated by the individual,” MCL 28.727(1)(j)
- Provisions Void for Strict Liability:
- Under the Due Process Clause of the U.S. Constitution, SORA must be interpreted as incorporating a knowledge requirement.
- Provisions Void under the First Amendment:
- The requirement “to report in person and notify the registering authority…immediately after…[t]he individual…establishes any electronic mail or instant messaging address, or any other designations used in internet communications or postings,” MCL 28.725(1)(f)
- The requirement to report “[a]ll telephone numbers…routinely used by the individual,” MCL 28.727(1)(h)
- The requirement to report “[a]ll electronic mail addresses and instant message addresses…routinely used by the individual,” MCL 28.727(1)(l)
- The retroactive incorporation of the lifetime registration’s requirement to report “[a]ll electronic mail addresses and instant message addresses assigned to the individual…and all login names or other identifiers used by the individual when using any electronic mail address or instant messaging system,” MCL 28.727(1)(i)
While the remainder of the law will still apply to all registrants whose offenses that led to registration occurred after the 2011 amendments were enacted, SORA will not be enforceable against most registrants and until a new law is finalized and ultimately enacted.
On April 6, 2020, the federal court issued an “Interim Order and Injunction,” which prohibits law enforcement officials and agencies, such as the Michigan State Police (MSP), from enforcing registration, verification, and violations involving fees and school zones that occurred or may occur from February 14, 2020, until the COVID-19 pandemic has ended. The end of the pandemic will be deemed to have occurred when either there is no longer a federal or state executive order declaring a state of emergency, or when the Court deems the need for the Interim Order no longer necessary.
So, what does this mean for registrants before April 12, 2011? The answer to whether or not registrants will need new trials will not be answered until a final judgement is entered on this case, which will be whenever COVID-19 ends.
If you or a loved one has recently been accused of violating the conditions of Michigan sex offender registration in Grand Rapids, contact Brandon Gardner & Associates, PLC today to let us get started on your defense.