Doe v. DeWine

Doe pleaded guilty to unlawful sexual conduct with a minor. Megan’s Law, Ohio Code section 2950, requires determination of whether a person convicted of a sexually oriented offense is a “sexual predator,” “likely to engage in the future" in "sexually oriented offenses.” Doe’s classification as a sexual predator was affirmed on appeal. Doe is required, for the rest of her life, to register with the sheriff and provide detailed personal information; she must provide written notice of any changes, and verify, in person, the current address of her residence, school, and place of employment every 90 days. Failure to comply is a felony. Doe’s registration information is publicly disseminated through an internet sex-offender database. Doe may not reside within 1000 feet of any school and is barred from living in federally subsidized housing. The law provides that “[i]n no case shall the lifetime duty to comply . . . terminated.” Doe sought a declaration that the statute is unconstitutional in preventing her from obtaining a hearing to demonstrate that she is no longer “likely to reoffend.” The Sixth Circuit upheld the statute, first holding that named state officials did not enjoy Eleventh Amendment immunity and that Doe had standing. Doe’s classification is based on her likelihood of reoffending as of the time of the classification hearing; the restrictions stem not from her current dangerousness, but from that assessment. Due process does not require the opportunity to prove a fact that is not material to the statutory scheme. View "Doe v. DeWine" on Justia Law