537 S.W.3d 388
Mo. Ct. App.2018Background
- In 1991 Petrovick (age 19) pleaded guilty to first-degree sexual assault for intercourse with a 14-year-old; court imposed suspended imposition of sentence and two years’ probation.
- Petrovick completed probation in 1993 and did not register as a sex offender until 2015.
- In January 2016 Petrovick petitioned under Mo. Rev. Stat. § 589.400.8 to be removed from Missouri’s sex-offender registry; the Jackson County circuit court granted relief in November 2016. The State appealed.
- SORA (Missouri’s Sex Offender Registration Act) took effect January 1, 1995, and generally does not apply retroactively to convictions before that date under Mo. Const. art. I § 13. SORA also applies to persons who "has been or is required to register under federal law."
- SORNA (federal statute) can apply to pre‑enactment offenders only when the Attorney General specifies applicability; the earliest such specification was an Interim Rule published Feb. 28, 2007, and final rules were issued Aug. 1, 2008.
- The court concluded Petrovick’s 15‑year federal registration period (Tier I) began Nov. 4, 1991 and expired Nov. 2006 — before any federal rule made SORNA applicable to pre‑act offenders — so he was never required to register under federal law and therefore not subject to SORA.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Petrovick) | Held |
|---|---|---|---|
| Whether Petrovick was required to register under SORA based on his 1991 conviction | SORA applies if the offender “has been or is required to register under federal law”; Petrovick’s 15‑year federal obligation ran through Nov. 2006, so SORNA covered him at enactment and triggered SORA | SORA cannot apply because Petrovick was never required to register under federal law — his federal 15‑year period expired before Attorney General made SORNA applicable to pre‑act offenders | Court held Petrovick was never required to register under federal law and thus not subject to SORA; registry removal affirmed |
| Whether SORA’s non‑retroactivity is overcome by independent federal obligation | State: SORNA created a federal obligation that makes pre‑1995 convictions subject to SORA via § 589.400.1(7) | Petrovick: no federal obligation ever attached while SORNA applied to pre‑act offenders, so § 589.400.1(7) is inapplicable | Court held retroactivity concern not implicated because no federal registration obligation ever applied to Petrovick |
Key Cases Cited
- Doe v. Phillips, 194 S.W.3d 833 (Mo. 2006) (SORA non‑retroactivity under Mo. Const. art. I § 13)
- Doe v. Toelke, 389 S.W.3d 165 (Mo. 2012) (state may impose SORA when based on independent federal SORNA obligation)
- Reynolds v. United States, 565 U.S. 432 (2012) (Attorney General must specify SORNA’s applicability to pre‑Act offenders)
- Wilkerson v. State, 533 S.W.3d 755 (Mo. Ct. App. 2017) (describing SORNA/SORA interplay and Tier classifications)