Doe v. Toelke
Annotate this CaseIn 1983, Respondent pleaded guilty to one count of first-degree sexual assault. In 1995, Missouri's Sex Offender Registration Act (SORA) became effective, requiring Respondent to register as a sex offender. In 2010, Respondent filed a declaratory judgment action asserting that SORA violates Mo. Const. art I, 13 and that he was not required to register pursuant to the federal Sexual Offenders Registration and Notification Act (SORNA). The trial court (1) entered a declaratory judgment finding that, as applied to Respondent, SORA violated the bar against the enactment of retrospective state laws set forth in article I, section 13; and (2) declined to address the applicability of SORNA, therefore declining to order Defendants to remove Respondent's name from the registry and to destroy all registration records. The Supreme Court (1) reversed the judgment to the extent it held that the trial court was without authority to address the applicability of SORNA and that the SORA registration requirements violated article I, section 13 as applied to Respondent; and (2) affirmed the judgment to the extent that it did not order Defendants to destroy the registration records.
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