State v. WingoAnnotate this Case
The registration requirements of the Kansas Offender Registration Act (KORA) as applied to violent offenders are not punishment or subject to the limitations of the Ex Post Facto Clause of the United States Constitution.
At the time Defendant pled no contest to one count of second-degree intentional murder, KORA required those convicted of second-degree intentional murder to register as a violent offender for ten years. By the time Defendant was sentenced, however, the legislature had amended KORA, raising the registration period to fifteen years. The district court sentenced Defendant to a term of imprisonment and ordered her to register for fifteen years. Defendant appealed, arguing that requiring her to register for fifteen years, as opposed to ten, violated the Ex Post Facto Clause. The court of appeals affirmed, concluding that registration is not punishment. The Supreme Court affirmed, holding that Defendant was unable to satisfy the “clearest proof” standard because the record was not sufficiently developed.