560 S.W.3d 61
Mo. Ct. App.2018Background
- In 1980 Carr pleaded guilty to having sexual intercourse with a 14–15 year old in violation of Mo. Rev. Stat. § 566.040 (1979).
- In 2017 the circuit court concluded Carr’s offense involved use or threat of force and ordered lifetime registration as a tier III sex offender under SORNA, which it found triggered lifetime registration under Missouri’s SORA.
- Carr moved to remove his name from Missouri’s registry; the circuit court dismissed the motion and Carr appealed.
- The appellate court reviewed statutory interpretation de novo and legal sufficiency under the substantial-evidence/weight-of-evidence standard.
- The key legal questions were (1) whether the court properly classified Carr as a tier III offender under SORNA (which requires force), and (2) whether Carr was ever subject to SORNA such that SORA’s cross-triggering provision applied.
- The court concluded the trial court improperly relied on underlying facts (circumstances-specific approach) rather than the elements of conviction (categorical approach); Carr’s conviction did not include force, and his federal registration period (if tier I/II) expired before SORNA applied, so he was never required to register under SORNA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carr is a tier III offender under SORNA | Carr: classification must be based solely on conviction elements (categorical); his conviction lacks force so cannot be tier III | State: court may consider circumstances and victim age to find force and tier III status | Court: reversed—categorical approach controls for tiering; conviction lacks force so not tier III |
| Whether SORNA ever required Carr to register (triggering SORA) | Carr: if tier I/II his federal registration period expired before SORNA became applicable, so he was never subject to SORNA | State: SORNA can apply to pre‑enactment offenders and cross‑trigger SORA; remand needed for victim age | Court: held even if tier II, registration (25 years) ended by 2005, before AG applied SORNA to pre‑enactment offenders, so Carr never was required to register under SORNA |
| Whether the circuit court erred by relying on underlying facts of conviction | Carr: court improperly used circumstances‑specific approach | State: factual record (victim age/testimony) supports finding and remand unnecessary | Court: agreed with Carr; trial court abused discretion by using circumstances-specific approach |
| Whether remand was necessary to determine victim age for tiering | State: remand needed to decide if victim <13 for an alternate tier III basis | Carr: record already shows victim was 13+ (indictment and testimony) | Court: no remand; record shows victim was 13 or older |
Key Cases Cited
- Wilkerson v. State, 533 S.W.3d 755 (Mo. App. 2017) (appellate standard and discussion of non‑categorical analysis for SORNA status)
- Finnegan v. Old Republic Title Co. of St. Louis, Inc., 246 S.W.3d 928 (Mo. banc 2008) (statutory interpretation reviewed de novo)
- James v. Missouri State Highway Patrol, 505 S.W.3d 378 (Mo. App. 2016) (overview of SORNA requirements and tiering)
- U.S. v. Berry, 814 F.3d 192 (4th Cir. 2016) (describing categorical approach to compare conviction elements with federal generic offense)
- U.S. v. White, 782 F.3d 1118 (10th Cir. 2015) (discussing limited circumstances where victim age may require reference to factual record for subsection application)
- Petrovick v. State, 537 S.W.3d 388 (Mo. App. 2018) (holding SORA registration may be triggered by independent SORNA registration requirement)
- Reynolds v. United States, 565 U.S. 432 (U.S. 2012) (upholding federal application of SORNA to pre‑enactment offenders when Attorney General acts)
- Doe v. Toelke, 389 S.W.3d 165 (Mo. banc 2012) (explaining that state registration triggered by federal obligation is not retroactive punishment)