Is the Tide Turning Against Public Sex Offender Registries?

On June 8, the American Law Institute, arguably the most prestigious non-governmental law reform organization in the country, concluded its national meeting. One of its agenda items was to have its thousands of elected members—top federal appeals judges among them, who enjoy lifetime appointments after being confirmed by the United States Senate—vote on a draft of the revised chapter of

Read more

PA: Text messages are not “material”

A very interesting decision was handed down in a Pennsylvania Superior Court, this week. A man convicted of, among other things, “disseminating explicit sexual material to a minor” had his conviction overturned after a three judge panel found that text messages do not constitute “material”. The court reasoned, “Here, even assuming that Alexander’s texts were obscene under the Miller test,

Read more

TN: Under new law, certain sex offenses will have to serve 100% of sentence.

Tennessee lawmakers passed a “Truth in Sentencing” law that requires certain violent or sexual offenders to serve 100% of their sentence. The law affects offenses such as rape, sexual battery, continuous sexual abuse of a child, sexual battery by an authority figure, incest, promoting prostitution, aggravated child abuse, domestic assault, aggravated sexual exploitation of a minor and trafficking for a

Read more

Opinion: Colorado lawmakers could have reformed how we deal with sex offenders. Instead they kicked the can down the road.

In the wake of the recently completed legislative session in Colorado’s General Assembly, I have lingering concerns regarding House Bill 1320, a piece of “sunset” legislation extending the Colorado Sex Offender Management Board which was passed and sent to the governor. Initially the bill would have reformed the board, but that debate has essentially been tabled by the lawmakers for two more years.

Read more

One Lawyer’s Long Journey From Prison Bars to the Supreme Court Bar

Shon Hopwood’s storied legal career, from breaking the law to learning the law and then teaching the law, has reached a new pinnacle: he just became a member of the U.S. Supreme Court bar. And that new milestone may bring him to another: arguing before the Supreme Court. Joined by veteran court advocate Kannon Shanmugam, Hopwood filed a cert petition

Read more

Florida Digital Driver’s Licenses – Could this be a good thing for us?

Yesterday, Governor DeSantis signed HB 1313 into law.  This bill brings Florida up to date with modern technology by establishing a “Digital proof of driver license“. The Digital proof of driver license is an electronic credential viewable on an electronic credentialing system. In other words, instead of having to show a plastic card, you will likely be able to show

Read more

United States Sentencing Commission: Child Pornography: Non-Production Offenses

Just released is the United States Sentencing Commission June 2021 report, “Federal Sentencing of Child Pornography: Non-Production Offenses“. The last time the USSC issued a report on CP sentencing was in 2012, so this updated report is 9 years in the making. As with all news, we want to bring it to you as soon as we learn of it,

Read more

CO: Mandatory lifetime juvenile sex offender registration is unconstitutional, Colorado Supreme Court rules

Juveniles cannot be mandated to register as lifelong sex offenders in Colorado if there is no way for offenders to be individually assessed or to later be removed from the registry, the state Supreme Court ruled Monday. “Mandatory lifetime sex offender registration brands juveniles as irredeemably depraved based on acts committed before reaching adulthood,” Justice Monica Márquez wrote. “But a

Read more