United States v. Murphy
2011 U.S. App. LEXIS 25683
10th Cir.2011Background
- Murphy is a Utah sex offender registered there for aggravated sexual assault and aggravated sexual abuse of a child.
- He repeatedly acknowledged duty to notify authorities upon changes of residence.
- In 2007 he fled Bonneville Community Correction Center, relocated to Belize via California and Mexico, using a false name, believing extradition would be avoided.
- Belize deported him back to Utah after about six months; he was charged with violating 18 U.S.C. § 2250 for failing to update his SORNA registration.
- The district court held Murphy violated § 2250 because he changed status while still in Utah, and SORNA’s three-day update requirement applies; he was sentenced to prison and supervised release.
- On appeal, the court affirmed Murphy’s conviction, holding Utah remained a jurisdiction involved when the reporting obligation arose, even though he left for Belize.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Murphy violate SORNA by not updating in a jurisdiction involved after abandoning his residence? | Murphy argues no update obligation after leaving Utah; Belize is not a SORNA jurisdiction. | SORNA requires update to a jurisdiction involved based on residence and status; abandonment triggers duty in the home jurisdiction. | Yes; update required in Utah despite leaving for Belize. |
| How should 'jurisdiction involved' and 'residence' be interpreted under SORNA? | Dissent argues Murphy did not have a habitual residence in Utah after abandonment, so no jurisdiction involved. | Majority reads res?idence and jurisdiction consistently; abandonment still triggers reporting in current jurisdiction involved. | Jurisdiction involved includes where the offender habitually lives; abandonment does not erase Utah as involved if change occurs while residing there. |
Key Cases Cited
- United States v. Van Buren, 599 F.3d 170 (2d Cir. 2010) (permanent departure from residence triggers update obligation)
- United States v. Voice, 622 F.3d 870 (8th Cir. 2010) (habituated locations can sustain residence for reporting purposes)
- United States v. Howell, 552 F.3d 709 (8th Cir. 2009) (venue considerations for where offense begun or completed)