429 S.W.3d 436
Mo. Ct. App.2014Background
- Doe hacked a minor's email and distributed a nude photo to numerous recipients, including school staff.
- Doe pled guilty to endangering the welfare of a child in the first degree and to tampering with computer users; sentence included probation.
- Doe initially registered as a sex offender in Missouri following a required determination by law enforcement.
- Doe sought removal from federal and Missouri sex offender registries via a declaratory judgment in St. Charles and then City of St. Louis courts; trial court granted removal.
- Appellants appealed, and the appellate court reversed and remanded to require registration under federal SORNA and Missouri SORA’s regimes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Doe is a 'sex offender' under SORNA §16911(5)(A)(ii) and (7)(I). | Doe argues his plea to non-sex offense cannot be a sex offense. | Doe's conduct underlying the plea qualifies as a sex offense by the catchall provision. | Yes; Doe is a sex offender under SORNA and must register. |
| Whether non-categorical, underlying conduct determines SORNA classification. | Categorial approach should apply based on conviction. | Non-categorical analysis permitted for 'specified offense against a minor'. | Adopt non-categorical approach to underlying conduct, supporting SORNA classification. |
| Whether SORA registration follows from federal SORNA status. | If SORNA applies, SORA requires Missouri registration. | If not compliant with SORNA, no Missouri obligation. | SORA registration obligation flows from SORNA determination. |
Key Cases Cited
- United States v. Dodge, 597 F.3d 1347 (11th Cir. 2010) (non-categorical approach to 'specified offense against a minor')
- United States v. Byun, 539 F.3d 982 (9th Cir. 2008) (conduct-focused interpretation of §16911(7)(I))
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical vs. conduct-based analysis framework)
- Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009) (Missouri: SORNA triggers independent SORA registration)
- Grieshaber v. Fitch, 409 S.W.3d 435 (Mo. App. E.D. 2013) (interprets SORNA/SORA linkage for Missouri residents)