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Although it may be hard to imagine, some high courts have ruled that sex offender registration requirements are not punitive, but are instead collateral consequences. Williams,129 Ohio St.3d 344, 2011-Ohio-3374, the Ohio Supreme Court concluded that the requirements of Ohio's new sex offender laws based upon the Adam Walsh Act had transformed the law from remedial to punitive.Their decision was not based upon a single requirement, but instead was based upon the totality of the requirements.The Court cited the various new requirements, and also stated two other factors that influenced their decision: 1) the procedures for registration and classification of sex offenders were placed within Ohio's criminal code, and 2) failure to comply with certain registration requirements subjected an offender to criminal prosecution. 10, as applied to defendants who committed sex offenses prior to its enactment, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from passing retroactive laws." A video of the oral argument that was administered prior to the decision is below.Some notable comments in this analysis include: "The stigma attached to sex offenders is significant, and the potential exists for ostracism and harassment, as the Cook court recognized. In a recent Pennsylvania Supreme Court case (Commonwealth v.
Additionally, if an individual were sentenced to the maximum term of 10 years of imprisonment for a crime in 1999, and in 2002 the maximum sentence for that crime changed to 20 years, the sentence of that individual cannot be changed retroactively to conform to the new law.
Prior to 12/6/2010, 6301 did not contain the two subparapgraphs (i) and (ii).
All acts, whether sexual in nature or not, fell under 6301.
In essence, the conditions imposed by Megan's Laws are tantamount to sentences of supervision that have historically been considered to be punishment.
There are basically two "Tiers" of offenders: 1) those that were already required to register, but whose conditions will be changed, and 2) those that were not required to register, and now must.