Unconstitutional Sex Offender Laws
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South Carolina - 2021 Powell v Keel
In 2021, the South Carolina Supreme Court ruled that requiring individuals to register as sex offenders for life, without the possibility of judicial review, was unconstitutional.
Alaska - 2008
In 2008, the Alaska Supreme Court ruled that applying the state’s Sex Offender Registration Act retroactively violated the ex post facto clause of the Alaska Constitution, exempting individuals whose offenses occurred before the law’s enactment in 1994.
California - 2015
The California Supreme Court determined in 2015 that a law prohibiting sex offenders from living within 2,000 feet of schools or parks was unconstitutional, as it severely restricted housing options and infringed upon offenders’ rights.
Colorado - 2017
A federal judge in 2017 found that Colorado’s sex offender registry violated the Eighth Amendment’s prohibition on cruel and unusual punishment, as applied to three plaintiffs, due to its severe and restrictive nature.
Hawaii - 2001
The Hawaii Supreme Court, in State v. Bani (2001), held that the state’s sex offender registration statute violated the due process clause of the Hawaii Constitution by not providing registrants with notice or an opportunity to be heard before public notification.
Maryland - 2013
In 2013, the Maryland Court of Appeals ruled that retroactively applying the state’s sex offender registration requirements was punitive and unconstitutional, preventing the state from enforcing registration for offenses committed before the law’s enactment.
Michigan - 2024
A federal judge in 2024 struck down a provision of Michigan’s sex offender registry that extended registration from 25 years to life for certain individuals, ruling it unconstitutional to alter registration terms retroactively.
Missouri
The Missouri Supreme Court has issued multiple rulings against the retroactive application of sex offender registration laws, citing the state’s constitutional prohibition on laws that are retrospective in operation.
Montana - 2023
The Montana Supreme Court ruled in 2023 that retroactively applying registration requirements to individuals convicted before the law’s enactment was unconstitutional.
North Carolina - 2017
In Packingham v. North Carolina (2017), the U.S. Supreme Court struck down a state law that prohibited registered sex offenders from accessing social media sites, deeming it a violation of First Amendment rights.
Pennsylvania - 2017
The Pennsylvania Supreme Court, in 2017, found that retroactively applying the state’s Sex Offender Registration and Notification Act violated both state and federal ex post facto clauses.