EFTA00732316.pdf

From: "Martin Weinberg" To: "Jeffery Edwards" <[email protected] - Cc: ' „ti - - Subject: Fw: SORNA Letter Date: Fri, 01 Oct 2010 19:09:46 +0000 Hopefully, with several minor edits. you will be receiving Stephanie's opinion letter today Original Message From: Martin Weinberg To: Ste hanie Thacker • Darren Indyke Cc: Sent: Friday, October 01, 2010 2:19 PM Subject: Re: SORNA Letter 1. I would now omit fn 1 2. I would consider, at the very end of your conclusory bulletpoints on pg 10 of the attached letter, adding language from your transmittal email: "in my view federal SORNA obligations as to individuals who are classified as sex offenders are limited to the act of registering and updating registration. Knowing failures to conform to those federal obligations can alone put a citizen at risk of federal prosecution. However, all other sex offender registration issues are subject to state law. In particular, the requirements for individual state registration, and maintaining such registration, are within the purview of the individual state registration schemes" 3. Note I have eliminated the "especially" believing it creates an unnecessary question regarding which law to follow as to states that have conformed eg Florida if there remain differences 4. I would also consider adding a final sentence "Further, issues including those relating to the manner of providing notice of travel are matters exclusively governed by the laws of the respective states in which you have registererd" --- Original Message ---- From: Stephanie Thacker To: Darren Indyke Cc: Martin Weinberg Sent: Friday, October 01, 2010 1:10 PM Subject: SORNA Letter Attached for your consideration is a draft of my analysis of the interplay between SORNA registration requirements and what is required to maintain registration with relevant state sex offender registries-specifically, the Virgin islands. For the record, please disregard my September 24, 2010 letter in this regard inasmuch as it was based on a misapprehension of certain key facts. As detailed in the attached, in my view federal SORNA obligations as to individuals who are classified as sex offenders are limited to the act of registering and updating registration. Knowing failures to conform to those EFTA00732316 federal obligations can alone put a citizen at risk of federal prosecution. However, all other sex offender registration issues are subject to state law. In particular, the requirements for individual state registration, and maintaining such registration, are within the purview of the individual state registration schemes-especially when such states have not implemented SORNA. Please let me know if you have questions. Stephanie D. Thacker Allen Guthrie & Thomas. PLLC 500 Lee Street East Suite 800 Charleston, West Virginia 25301 (direct) (fax) EFTA00732317