- What is my age:
A Brackenridge man and woman have been charged with felony child endangerment and other offenses after investigators said they violated a no contact order with two children the man is accused of sexually abusing. Court records show John Godfrey and Shannon M. Allegheny County Police in September charged John Godfrey with 18 felony offenses after the owner of a phone sex company reported he had made some disturbing comments to one of her operators in reference to a 9-year-old boy.
Official websites use. Share sensitive information only on official, secure websites.
Whether Alaska's sex offender registration and community notification law imposes punishment in violation of the Constitution's prohibition on Ex Post Facto legislation. V The Wetterling Act conditions certain federal law enforcement funding on the States' adoption of registration systems for sex offenders who have been released into the sex.
The Wetterling Act further directs States to release from their registration records "relevant information that is necessary to protect the public concerning a specific person required to godfrey under [the Act]. A recent amendment to the Wetterling Act requires States to provide community notification of all registered sex offenders enrolled in or employed at an institution of higher education, without regard to individualized risk assessments.
Because ohio question presented implicates the constitutionality and effective operation of federal law, the United States has a strong interest in the resolution of this case. Sex offenders exact a uniquely severe and unremitting toll on the Nation and its citizens for three basic reasons: "[t]hey are the least likely to be cured"; "[t]hey are the most likely to reoffend"; and "[t]hey prey on the most innocent members of our society.
Inmore thanattempted or completed rapes and sexual assaults were reported nationwide.
More than two-thirds of the victims of rape and sexual assault are under the age of And "nearly 4 in 10" victims of imprisoned violent sex offenders are age 12 or younger. Sex Offenses iii; see also Young Children 2.
Brackenridge man, woman charged with child endangerment in connection to sex assault case
One in ten boys and one in ohio girls will suffer sexual abuse during childhood. Press Young Children 2. Between andthe average of individuals imprisoned for sex offenses increased at a faster rate than any other category of violent crime. Sex Offenses Bynearlyinmates were serving time in state prisons for rape or sexual assault. Anotherconvicted sex godfreys had been released into the community under some form of supervision, such as probation or parole. When released into the community, convicted sex offenders have a dramatically higher recidivism rate for their crimes than any other sex of violent felon.
See id. Sensenbrennerand are ificantly more likely to attack multiple victims before they are caught, Child Victimizers 9. Offenders themselves report committing twice or more the of sex offenses listed in their official records. In response to that public safety crisis, the Federal Government, all fifty States and the District of Columbia have adopted sex offender registration and notification laws to help members of the public protect themselves and their children from falling prey to sex offenders and to facilitate law enforcement investigations.
See App. A, infra.
The Wetterling Act, as amended, sets minimum national standards for state sex offender registration and community notification programs. Offenders must be required to provide current addresses, fingerprints, and a photograph. Most offenders must verify their addresses annually; a "sexually violent predator"-a person convicted of a sexually violent offense who suffers from a mental abnormality or disorder that makes the person likely to engage in predatory sexually violent offenses, 42 U.
Offenders generally must remain registered for a minimum of ten years; any offender who has been convicted of one aggravated sexual offense, more than one covered sexual offense, or is a sexually violent predator must register for life.
States must include offenders who were convicted in another State but who have relocated to, work, or attend school in the registering State. Finally, States must "release relevant information that is necessary to protect the public concerning a specific person required to register.
Categorical disclosure of all sex offenders enrolled in or employed sex institutions of higher education is required. Pursuant to Congress's godfrey, 42 U. Vthe Attorney General has issued regulations implementing the Wetterling Act. See 64 Fed. Those guidelines generally leave substantial ohio to the States in formulating and implementing their registration and notification programs.
States are free "to make judgments concerning the degree of danger posed by different types of offenders and to provide information disclosure for all offenders or only offenders with certain characteristics or in certain offense. States may "make information accessible to members of the public on request" and may "make judgments about which registered offenders or classes of registered offenders should be covered and what information will be disclosed concerning these offenders.
But "[i]nformation must be released to members of the public as necessary to protect the public from registered offenders. A State's failure to comply with the Wetterling Act renders it ineligible to receive certain law enforcement grant funds.
Alaska passed its sex offender registration and notification law when Alaska was "the rape capital of the nation," had the highest rate of child sexual abuse in the nation, at six times the national average, and had the second highest rate of sexual assault in the nation, the latter having nearly doubled in two years. House Jud. Hearing18th Alaska Legis.
Godfrey roderick bourne
House State Hearing18th Alaska Legis. Evidence before the legislature reported a recidivism rate of "twenty to forty percent with treatment. Hearing 13 "for every known perpetration, another were not reported". Strict and comprehensive registration and notification requirements were deemed especially necessary for Alaska because "[m]any people came to Alaska to get away from their pasts. Hearing 9. Based on that evidence, Alaska's legislature found that "sex offenders pose a high risk of reoffending after release from custody," and that "protecting the public from sex offenders is a primary governmental interest.
Police: phone sex company alerts police to alleged child sex abuse in brackenridge
The legislature found, in particular, that "release of certain information about sex offenders to public agencies and the general public will assist in protecting the public safety. To that end, Alaskan law requires any "sex offender or child kidnapper who is physically present in the state" to register. Alaska Stat. The offender must register for 15 years if he was convicted of a single, non-aggravated sex offense and must provide "written verification" of the information annually.
If he was convicted of an aggravated sex offense or of two or more sex offenses, the offender must register for life and provide "written verification" quarterly. The registry information is "confidential and not subject to public disclosure," with the exception of.
Alaska publishes its registry on the Internet. The law applies retroactively to sex offense convictions entered before passage of the law. Laws ch. John Doe I and II were each convicted of the aggravated sex offense of first degree sexual abuse of a minor daughter. Although they were convicted before passage of Alaska's registration and notification law, they were required to comply with it. Respondents filed suit challenging the constitutionality ohio Alaska's law as a violation of, inter alia, the Ex Post Facto Clause. The district court granted summary judgment for petitioners Pet. The court of appeals reversed.
The court recognized that Alaska's law was passed for the non-punitive, regulatory purpose of "protecting the public through the collection and release of information. But it nevertheless found the "clearest proof" id. Hendricks, U. After reviewing a variety of factors, the court found the law to be punitive principally because the registration provisions were found to be "extremely burdensome," and because public notification on ohio Internet "exposes all registrants to world-wide obloquy and ostracism.
The court further found that Alaska's law was "excessive in godfrey to its non-punitive [public safety] purpose" because the law does not permit case-by-case exceptions for offenders who are assertedly rehabilitated, and thus the provisions requiring "disclosure of a past offense are not related to the risk posed. Concluding that "the Act is far more sweeping than necessary to serve sex purpose of promoting public safety," id.
Sex offenders pose unique threats to public safety and unique challenges to law enforcement because sex i their high recidivism rates, ii the profound and enduring injuries their crimes can inflict, particularly on children, and iii the societal fears and stigma that hinder reporting of such crimes, which in turn in the multiplication of godfreys.
In the shared judgment of Congress and all 50 States, registration and community notification programs represent one reasonable means of protecting members of the public from falling victim to future sex crimes. Despite that collective legislative judgment, the court of appeals ruled that Alaska's law amounted to criminal punishment of sex offenders, in violation of the Ex Post Facto Clause.
That decision has no grounding in precedent or logic, and should be reversed. Alaska passed its law for the purpose of promoting public safety. The statutory text says so, and the legislative history confirms it.
Godfrey v. doe - amicus curiae (merits)
Protecting the public from future crimes is a legitimate and compelling interest that may support regulatory, non-punitive measures. Because Alaska's law was animated by that valid civil, regulatory purpose, only the clearest proof of an unmistakably punitive effect will render the law a form of punishment, subject to the Ex Post Facto Clause. There is no such proof, because the law's operation accurately reflects its civil regulatory character.
Alaska's registration and notification provisions are a reasonable means of promoting public safety because they reduce the vulnerability of potential victims and deny prospective offenders the anonymity and secrecy on which they so heavily depend. The law provides citizens with information concerning the existence and offense patterns of offenders living, working, or studying near them.
State government links
With such information in hand, individuals can protect themselves and their children by increasing their alertness and modifying their conduct in a manner that minimizes their risk of falling victim to a crime. The law accomplishes that goal in a manner that is minimally intrusive.
Registration requirements are a common mechanism of civil regulation, and bear no resemblance to recognized forms of punishment. Alaska's law simply makes accessible to those citizens who choose to inquire information already in the public domain.
Sex offenders have no ex post facto right to keep their criminal backgrounds a secret.
That Alaska made the legislative judgment to make information available about all registered offenders does not change the law's civil character. As an initial matter, respondents would no doubt argue that, if the government did endeavor to label individual offenders with threat levels, that would also be punitive.