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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

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Challenges to Adam Walsh Sex Offender Law: Ohio and Elsewhere

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | June 10, 2008 - 13:47

Ohio amended its sexual offender registration laws to conform to the 2006 federal Adam Walsh Act. See 127th Gen Assembly, Senate Bill 10. and Senate Bill 97. The new law reclassified over 26,000 offenders, including juveniles, as sex offenders. See MacLean, Pamela A., Challenges Grow Over Sex Offender Laws, National Law Journal, June 9, 2008. The Ohio Adam Walsh Act is being challenged in a class action, Doe v. Dann, No. 1:2008cv00220 (N.D. Ohio). As reported on our Ohio Constitutional Law webpage, Cuyahoga County Common Pleas Court Judge Suster held that Ohio's Adam Walsh Act violates the retroactivity provisions of the Ohio and U.S. Constitutions. Evans v. State, Cuyahoga County Common Pleas Court Case No. CV-08 646797. One day before Judge Suster's opinion, the Eighth District Court of Appeals decided that Ohio's Adam Walsh Act does NOT violate the ex post facto clause of the U.S. Constitution. State v. Holloman-Cross (May 8, 2008), 2008-Ohio-2189.


The Adam Walsh Act itself is being challenged as a violation of the Commerce Clause in the 4th Circuit and 11th Circuit. See MacLean, Pamela A., Challenges Grow Over Sex Offender Laws, National Law Journal, June 9, 2008. The district court cases being appealed are respectively US v. Comstock, 507 F. Supp. 2d 522,(E.D.N.C. Sept. 7, 2007) and U.S. v. Powers, No. 3226907-cr-221KRS, 2008 U.S. Dist. LEXIS (M.D. Fla. Apr. 18, 2008).

Comment Icon adam walsh [Reply]

stephanie | 17/06/2008, 14:41

My thing is this. If we let them do this to sex offenders. Who is to say there next step wont be to start to make a new classification for any other law. For example I got a dui 10 years ago and I did 30 days in jail, probation, ext. Now all of a sudden they can change the laws and say well your a level 2 dui person and its an automatic 5 years in jail. Anyone think thats fair. Doooy no. Just like its unfair to add to any other law. Once you serve your time your done. If you was sentenced to register 10 years as a sexualy oriented offender because you got head from your 17 year old girl friend then you serve your 10 years who gives congress the right to change the laws and upgrade you to a level 2 offender. No one does. Unconstitutional much. The state of Ohio has lost its fn mind they now register people with out a trial. All you got to do is make something up about some one and they put you on there civil sex offender registery even if you were never convicted.

were all in trouble.

Comment Icon Completely Ridiculous Law [Reply]

Elisabeth | 30/06/2008, 16:09

I agree with Stephanie - This is a frightening infringement upon human rights and where do we draw the line? Many of these people plea-bargained to a more serious crime after being reassured that it would not impact them in the long run and now they are being categorized as the worst type of offenders, required to register every 90 days for LIFE-RIDICULOUS! I am not made aware of convicted murderers and drug dealers whereabouts, so why do so many so-called "sex offenders" have to register multiple times each year? This is a ridiculous law that is just giving the community a false sense of security; who cares if a convicted sex offender lives near a school, park, preschool, etc? Honestly, if someone wants to offend, it would not matter if he/she lived 8 miles or 8 feet from a school; that person would find a way to offend!
Statistics show that the victim typically KNOWS the offender; please watch your children and allow human rights to prevail. These people were deemed rehabilitated enough to be released so give them a chance to have some semblance of a normal life. It's hard enough for them to get jobs let alone find a place to live. If we don't think anyone is rehabilitated, then for heaven's sake take a better look at our rehabilitation system instead of passing illogically stringent laws that do not help anyone.

Comment Icon Ridiculous Law [Reply]

Elisabeth | 30/06/2008, 16:24

I agree with Stephanie. It is completely unconstitutional that these people took plea bargains, believing they would not be impacted in the long-term, only to now be told they will have to register every 90 days for LIFE. I am not informed of a convicted murderer's whereabouts, or a drug dealer, or a petty thief who could come steal my lawn mower out of my garage - COME ON! Honestly, most offenders KNOW THEIR VICTIMS. It does not matter if someone lives 8 miles or 8 feet from a school - he/she will offend if that person wants to do so. Laws like this are giving the community a sense of false security and are simply intended to publicly renounce and humiliate the people who were supposedly rehabilitated and deemed safe enough to release back into mainstream society. How on Earth are these people expected to go on to live happy, fulfilling lives if they cannot even find a place to live, and are required to publicly register their addresses forever? Most of these people cannot even find jobs that pay enough to sustain themselves! If we do not think these people are rehabilitated, then take a look at our rehabilitation system and REHAB the system; are we trying to help these people to be productive members of society, or are we trying to punish and humiliate them until they die and unhappy death?
Please, if you read this, speak out about this major infringement upon human rights, and, as Stephanie indicates in the other comment, look hard at how shaky the line is between ignoring the constitution in this case, and then ignoring it in a situation that will actually impact YOU. Everyone's rights are at risk, so do not ignore this blatant slap in the face of our constitution: Support the courts and politicians who see how unjust and ridiculous this is.

Comment Icon Sex Offenders [Reply]

Margie | 08/07/2008, 10:24

My son was convicted of a sex crime 22 years ago.
He is to register for 15 more years. He was told yesterday when he regristed they would have to notify our neighbors.
Non of this makes sense to me. we were told if he had a paid attorney right now it could be stopped. In the Economy right now who can afford $5,000 for an attorney.
When are people ever going to be able to have a life.

Comment Icon I am Fighting These Laws, Come Help [Reply]

JustaDadatHome | 22/07/2008, 13:24

I am working every day, to fight these laws, nationally, and locally.
We all must band together, to fight this fight.
The government has effectively made a new Under Class of people, sex offenders.
You would not believe what little things you can do to become a Sex Offender, come check out our site, comment, read, join...http://www.cfcamerica.org

Comment Icon MAKE A NAME FOR YOURSELF [Reply]

Just a Dad at Home | 30/07/2008, 22:57

If you are a lawyer, or studying to be a lawyer.
You can make a name for yourself and at the same time help a LOT of Men, Women and Children.

I am NOT talking about Child Rapists, Rapists, Pedophiles, or Baby Rapers... Come read our front page, and look at the link below. If you really want to make a Big difference in persecuted children's lives in America... take a few moments from your normal day to come read.

http://cfcamerica.org/index.php?option=com_content&view=article&id=179&Itemid=35

Comment Icon Son Convicted 22 years ago. [Reply]

JustaDadatHome | 30/07/2008, 23:31

Yeah, they just go add new laws, punishments, and penalties, and their is no Due Process, No way to defend yourself against having Added Punishment inflicted upon you for a crime paid for 30 years ago. Not to mention the violation of Ex-Post-Facto Violations.

Comment Icon Amen! [Reply]

Sheri | 01/08/2008, 00:24

Glad you all feel that way.
It's good to see others who have a since of justice. God bless you all.

Comment Icon sex offender [Reply]

Jeanette Rickey | 02/08/2008, 20:31

My son was 19 and had sex with a 15 year old girl one time. It was cosentual. He has been upgraded to a level two. If she had been 2 months older He would not have had this label at all. He is treated like he is the lowest of lowest and gets fired if he gets a job because of this. He was almost finished with his ten years. They say this isn't punishment to have to register for 25 years. It is punishment. His picture will continue to be on the internet so more people can treat him and others like him like they are dogs.

Comment Icon sex offender [Reply]

Patience Martin | 07/08/2008, 09:51

This all makes me so mad, my husband had sex with a girl that was 16 and he was 24 and it was concential. She got pregnant and her parents put him behind bars. He got 17 months in prison, restitution has to be paid to her parents for the birth of the child and no dna test was performed to prove anything.. our so-called lawyer said it wasnt necessary. then he had to pay court fines , got 5 yrs felony parole and had to register for 10 yrs every year, he is a tier 1 offender , now since the law has passed he has to register for 25 years every 6 months , I am so furious , he has already served his time and has a job and does everything he is supposed to do , I want to fight this but dont know how , can someone help us??

Comment Icon sex offender [Reply]

SueTheCourageous | 20/08/2008, 10:35

Are any of you a victim of dispicable, horrific sex crimes? I sure sounds like you just want to protect the offenders. How about the rights of the VICTIMS? Non of you show one ounce of compation. If it was your Mother, daughter, son, etc. that is a victim, you would sit back and rethink what you are saying. A victims life is never again NORMAL! But you say "when will the offender ever have a normal life." NEVER, I hope. As a victim, I praise the hard working people that got this law passed. It is about time these offenders find out what it is like to carry around the shame for what they have done.Jeanett...your son new better then to have sex with an under age girl. He has to pay the price. Patience Martin, Your husband is getting what he desirves. You are just are mad he has to pay for his mistakes. So what if he served his time only in prison. That is not the end of anything. That girl has a child forever. He has to remember that every day for LIFE! There are laws and that is that. Stop feeling sorry for the offender and get compation for the victims. I am sure most of you say you are Christians...Act like it then. Laws change all the time for all reasons. Sex Offender is just what the offender has done. That is that.

Comment Icon Sex Offenders [Reply]

Elizabeth | 21/08/2008, 02:34

I get tired of excuses and whining by sex offenders and their families. Do they ever consider the harm suffered by the victims? These mothers who complain about their sons being "labeled" are part of the problem. They should have taught their children right from wrong and accountability. But they still make excuses. They are not the victims. Let's not confuse that issue.

Comment Icon [Reply]

Marshall Grad | 22/08/2008, 10:29

I am a Cleveland Marshall Grad practicing some criminal defense along with other civil law in Cincinnati. While it is obvious that some sex crimes are horrific, many are not worthy of a lifetime branding. Further, the process that the legislature has used to apply enhanced punishments simply and ovbiously violates the US Constitution and its ex post facto prohibition. If our lawmakers cannot "follow the rules" then why should anyone else? I have no problem with instituting severe penalties for people convicted of sex offenses, but at least comply with the law when creating these penalties.

Comment Icon The real sex offenders [Reply]

hats | 26/08/2008, 00:08

My son will be registered once he is out of prison for online chat. He is not a pedophile, not a rapist, not even a danger to anyone and he'll have to register for 25 years of his life as a level II! I don't mind punishing the violent offenders and molestors, but come on, the kids on the registry need to come off if they had consensual sex or chat - it's insanity

Comment Icon sex offenders [Reply]

kimbr | 29/08/2008, 17:22

i agree with suethecourageous. my 17 yr old step-son sexually abused a girl his age. my husband and i thought what they wanted to do to him for a first time offence was way outta line, we stood behind him, fought for him, ect, but.... a year later our 5 and 6 year old daughters, his half sisters tell us that he has been doing bad things to them. The shoe is on the other foot, Not only do they make victims but indirect victims. Our lives will never be "normal" again. Not only did he physically hurt them he has mentally and emotionally hurt them. We are hoping with counsling the long term affect will not be so sever for them. Sex offenders should have NO RIGHTS!!! when they are offending their victims they are TAKING AWAY THIER RIGHTS WITH OUT A SECOND THOUGHT!!!! there is to much of this happining in this world today maybe we need to go back to an eye for an eye maybe just maybe it would make the criminals of ths world think twice befor committing a crime.... but who knows.. I do know you cant rehabilitate someone that DOESNT WANT HELP

Comment Icon I Disagree [Reply]

Johnny | 02/09/2008, 09:42

I'm a convicted sex offender and I was due to register for 10 years. I'm currently going to college and am studying Human Services. My goal is to graduate and work with convicted felons to help them like so many have helped me. Due to the signing of this act I don't know if I'm able to do anything now!!!! There are so few options as a convicted felon already and now it's even worse. When will America be free again?

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