By Jonathan Stempel
Jan 11 (Reuters) - The U.S. Supreme Court agreed on Friday
to decide whether the government can require a former federal
sex offender to register a change of address even after he had
served his sentence and been unconditionally freed from custody.
In a brief order, the court agreed to hear the government's
appeal of a July 2012 decision overturning the conviction of Air
Force veteran Anthony Kebodeaux for violating the federal Sex
Offender Registration and Notification Act of 2006.
SORNA provides what the U.S. Department of Justice calls a
comprehensive set of minimum standards for sex offender
registration and notification, and was designed to close
potential gaps and loopholes.
While in the military, Kebodeaux at age 21 had consensual
sex with a 15-year-old. He was sentenced in 1999 to three months
in prison, which he served, and was no longer under federal
control by the time SORNA was enacted.
In August 2007, he registered with authorities in El Paso,
Texas, as a sex offender but never updated his registration
after moving later that month to San Antonio. Kebodeaux was
later apprehended, and sentenced to one year in prison after a
bench trial.
But the 5th U.S. Circuit Court of Appeals threw out the
conviction and found the registration requirement
unconstitutional.
Congress, it said, was not entitled to assert "unending
criminal authority" over Kebodeaux because of his earlier
criminal sexual activity.
The Justice Department appealed, saying Congress acted
within its power in subjecting Kebodeaux to the SORNA
registration requirement. It also said voiding of an "important"
act of Congress warranted the court's review.
A decision is expected by the end of June.
The case is U.S. v. Kebodeaux, U.S. Supreme Court, No.
12-418.
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