5th Circuit: Recipient of child pornography can challenge “sex offender” label prior to release and registration
Pearson v. Holder, No. 09-10808 (5th Cir. Oct. 20, 2010)
5th Circuit: Recipient of child pornography can challenge “sex offender” label prior to release and registration.
The case was heard by Circuit Judges Davis, Weiner, and Dennis. Judge Weiner wrote the unanimous decision:
Ronald Pearson . . . challeng[ed] “the Sex Offender Registration and Notification Act (SORNA) and state sex-offender laws as unconstitutional on the grounds that they impermissibly label those convicted of receipt of images of child pornography as ‘sex offenders.’ Pearson was convicted of this crime and will be required to register as a sex offender when his sentence expires . . .
The district court dismissed the case pursuant to Federal Rule of Civil Procedure 12(b)(1), after determining that Pearson’s claims were not ripe because he will not be required to register as a sex offender until he completes his sentence in 2012 or 2013 . . .
[W]e disagree with the district court’s conclusion that this case is not ripe . . .
Inasmuch as Pearson’s release date is only some two years hence, we conclude that his case is sufficiently ripe for adjudication. There is no further factual uncertainty, and Pearson could suffer harm if his claims are not adjudicated as soon as practicable.
COMMENTS
