In Carr v. United States, the Supreme Court held that §2250 of the Sex Offender Registration and Notification Act (SORNA) does not apply to sex offenders whose interstate travel occurred before the effective date of the Act. Having reached that conclusion, the Court found that it need not address the ex post facto question raised in the case.
SORNA, which was enacted in 2006, the makes it a federal crime for any person (1) who “is required to register under [SORNA],” and (2) who “travels in interstate or foreign commerce,” to (3) “knowingly fai[l] to register or update a registration as required by the Sex Offender Registration and Notification Act.” 18 U.S.C. §2250(a).
Carr holds that a sex offender may not be prosecuted for failure to register under §2250 if that person’s interstate travel occurred before SORNA’s effective date. The Court explained: “Once a person becomes subject to SORNA’s registration requirements, which can occur only after the statute’s effective date, that person can be convicted under§2250 if he thereafter travels and then fails to register.” Slip Op. at 7.
CASE CAN BE FOUND AT: http://www.supremecourt.gov/opinions/09pdf/08-1301.pdf
