PHOENIX β Arizona's laws to lock up sex offenders for failing to register after they've completed their sentence are valid because they're not meant to punish, a federal appeals court ruled Friday.
The Ninth U.S. Circuit Court of Appeals rejected arguments by the attorney for David B. Clark that it was unfair and illegal to arrest and imprison him for 3Β½ years for failing to register.
Sandra Slaton argued that locking her client up amounted to an additional punishment after he had completed his four years of probation. And Slaton said this was particularly unfair to Clark since the law requiring sex offenders to register did not exist at the time he pleaded guilty in 1982.
But the appellate judges did not see it that way.
According to court documents, Clark pleaded guilty in 1982 in Pima County to sexual misconduct with a 14-year-old when he was 18.
The following year state lawmakers adopted a statute requiring sex offenders to register.
In 2009 Clark was arrested in Cochise County for failing to comply. He pleaded guilty and was sentenced to 3Β½ years in prison.
Slaton filed a federal appeal, claiming it was illegal to subject her client to a law that did not exist when he was first sentenced in 1982. But in doing that, she also had to argue that Clark was being punished.
Appellate Judge Susan Graber, writing for the unanimous three-judge panel, disagreed.
She said the 1983 law was not intended to be punitive but instead provide information about sex offenders to the public. And she said Arizona courts have found the purpose of the law was "to protect communities, not punish sex offenders.''
Graber acknowledged that at one time the Arizona Supreme Court had held that sex offender registration was a "traditional form of punishment.'' But she said that contention was undermined by a subsequent ruling by the state Court of Appeals which he that "dissemination of truthful information in furtherance of a legitimate governmental interest (is not) punishment.''
The appellate judges also rebuffed Slaton's argument that the Arizona law goes beyond simply disseminating factual information about someone's record and is more akin to public shaming.
She cited the increased use of the Internet and that the Arizona statute requires online identifiers. That, Slaton said will likely lead to harassment of registered sex offenders.
Graber said disagreed, saying the fact there is widespread public access to the information that might lead to humiliation is a "collateral consequence of a valid regulation.''
Slaton said she is considering an appeal to the full appellate court. She said the ruling is based on the contention that registration as a sex offender is not punishment.
"How can you say that someone who went to prison for 3Β½ years was not punished?'' she asked.
