United States v. WARD
3:14-cr-00024
N.D. Fla.Nov 14, 2014Background
- Defendant Silas K. Ward, a federally covered sex offender convicted in Tennessee (1993), registered in Florida and was subject to SORNA registration duties.
- Ward traveled internationally (Mexico 2010; Costa Rica/Nicaragua 2013) and did not notify authorities; he also attempted a trip to Honduras in 2014 (arrested before departure).
- Florida law required sex offenders to report travel of five or more days within 48 hours; Ward did not comply with that state rule for the 2010 and 2013 trips.
- Indictment charged failure to "update" or "keep registration current" under 18 U.S.C. § 2250(a) (SORNA).
- Key legal dispute: whether SORNA, read with the Attorney General’s Guidelines, creates a federal duty to update the registry for changes in temporary lodging/travel (beyond changes in name, residence, employment, student status).
- After a bench trial and supplemental briefing, the court granted Ward’s motion for judgment of acquittal, concluding SORNA did not impose the asserted federal updating duty for temporary travel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORNA requires sex offenders to update registry for temporary out-of-state/out-of-country travel or lodging | The catchall in 42 U.S.C. §16914(a)(7) + AG Guidelines make temporary lodging "other information" that triggers a duty to update under §16913(c) | SORNA’s §16913(c) lists only changes in name, residence, employment, student status as triggers; Guidelines direct jurisdictions, not impose new federal duty on offenders | Court held SORNA does not create a SORNA-defined duty to update for temporary travel; acquittal granted |
Key Cases Cited
- United States v. W.B.H., 664 F.3d 848 (11th Cir.) (describing SORNA as a comprehensive national registration system)
- United States v. Lafferty, 608 F. Supp. 2d 1131 (D.S.D. 2009) (interpreting §16913(c) as limited to changes in name, residence, employment, or student status)
- United States v. Brown, 586 F.3d 1342 (11th Cir.) (sex offenders remain subject to SORNA even if a jurisdiction has not implemented it)
- Carr v. United States, 560 U.S. 438 (2010) (statutory text controls criminal liability; courts should give effect to what Congress enacted)
- United States v. Bridges, 741 F.3d 464 (4th Cir.) (Attorney General’s Guidelines can have force and effect of law in filling statutory gaps)