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Friday, April 22, 2011

Missouri 28 C.F.R. 72.3

In Missouri the two cases of Doe v Lee and Doe v Keathley make Sex Offender Registration mandatory under 28 C.F.R. 72.3 retrospectively to all sex offenders without limit. In the case of Carr v US it was shown that the reading of a law is to be understandable in plain language and is a good example of such.
§ 72.3 Applicability of the Sex Offender Registration and Notification Act.
The requirements of the Sex Offender Registration and Notification Act apply to all sex offenders, including sex offenders convicted of the offense for which registration is required prior to the enactment of that Act.

Does this not state that the offense must be a registered offense (or at least registrable under the prior acts) prior to the enactment of that act for it to be registrable under that act?
If I am reading this correctly than Doe v Phillips would still be in full effect and the other 2 cases would be in error.
The prerequisite for inclusion does not list those that do not have a prior requirement to register. In the reading of 72.3 is found similarities to what is found in Carr v United States “By its terms, the first element of §2250(a) can only be satisfied when a person “is required to register under the Sex Offender Registration and Notification Act.”