Utah sex-registry law challenged

Wanting to give time for each side to fully study the constitutional issues, Campbell has asked that Doe's attorneys file a comprehensive legal brief outlining their case by July 21, with the state filing its opposition brief by Aug. 11. A hearing date of Aug. 28 has been set for legal arguments and to determine what further legal action may be needed.

Rep. Jim Bird, R-West Jordan, and sponsor of HB34, said the bill was drafted after a similar law in New Jersey. The states of Florida and Kentucky also have such laws. Bird said he did not know if there had been any legal challenges in those states but was confident Utah's law will stand up to a legal challenge.

"We are very confident that we won't have any problems with this law," Bird said.

University of Utah law professor Paul Cassell, formerly a federal judge, said the case will hinge on whether the new password requirement is viewed as being in the interest of public safety or as punishment against the person.

The U.S. Supreme Court has ruled the state cannot go back and change the terms of a person's punishment. "If this is viewed as punishment, under the Constitution, you cannot impose ex post facto punishment," Cassell said.

It is likely Doe and his attorneys will argue that the requirements under the Utah Sex Offender Registry are punitive against people who have fully paid their debt to society.

Cassell said the state is likely to argue that the registry is in the interest of public safety and that forcing registered offenders to hand over their passwords to online accounts will protect children.

This is the second similar suit this year to challenge the constitutionality of the sex-offender registry. Steven Arthur Briggs, another convicted sex offender, sued the state claiming the registry violates his right to due process by imposing new requirements on offenders without court review. Briggs also argues the registry holds people out to public shame and should be considered punishment beyond an offender's sentence. His case is pending a ruling from the Utah Supreme Court.

Campbell ruled that Doe will be allowed to pursue his case without using his real name. Any documents filed with his real name will be filed under seal.

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