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State v. Druktenis1/30/2004
chardson, 107 N.M. at 693, 763 P.2d at 1158, overruled on other grounds by Trujillo III, 1998-NMSC-031, 125 N.M. 721, 965 P.2d 305. However, once the party attacking the constitutionality of the statute has shown an interest at stake that is important enough to overcome the hurdle of rational basis review, requiring invocation of either strict or intermediate scrutiny, the State then bears the burden of proof. See id. 15-16.
II. SORNA
SORA was enacted on July 1, 1995. 1995 N.M. Laws ch. 106, § 1; see § 29-11A-1 (1995). It was enacted in the wake of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program, 42 U.S.C.A. § 14071 [hereinafter Megan's Law]. See State v. Bollig, 605 N.W.2d 199, 204 (Wis. 2000) (discussing the history of sex offender registration laws and noting the "statutes in most states are remarkably similar" because the statutes "have the same genesis and are versions of Megan's Law"). It has been recognized that "all fifty states have enacted sex offender registration laws of varying degrees." State v. Cook, 700 N.E.2d 570, 574 (Ohio 1998).
The legislative findings for the passage of SORA, untouched in amendments, are found in SORNA's Section 29-11A-2(A) (1999):
A. The legislature finds that:
(1) sex offenders pose a significant risk of recidivism; and
(2) the efforts of law enforcement agencies to protect their communities from sex offenders are impaired by the lack of information available concerning convicted sex offenders who live within the agencies' jurisdictions.
SORNA is part of New Mexico's Law Enforcement Code and not part of the Criminal Code. The express purpose of SORNA is to assist law enforcement to protect communities by requiring resident sex offenders "to register with the county sheriff," "requiring the establishment of a central registry for sex offenders," and "providing public access to information regarding certain registered sex offenders." § 29-11A-2(B)(1), (3), (4) (1999).
Section 29-11A-3 contains definitions of certain terms. A "sex offender" is defined in several ways; as applicable to Defendant, a "`sex offender' means a person eighteen years of age or older who . . . is a resident of New Mexico who is convicted of a sex offense in New Mexico." § 29-11A-3(A)(1) (2000). " ex offense" includes "kidnapping . . . when the victim is less than eighteen years of age and the offender is not a parent of the victim." § 29-11A-3(B)(6) (2000). " ex offense" also includes an attempt to commit criminal sexual contact of a minor in the fourth degree under Sections 30-9-13, 30-28-3, and 30-28-1. § 29-11A-3(B)(8), (9) (2000).
These definitional sections bring Defendant squarely within SORNA's registration provisions. Defendant is required to register with the county sheriff of the county in which he lives. § 29-11A-4(A) (2000). Registration includes providing his name, date of birth, social security number, current address, place of employment, sex offense for which convicted, and date and place of conviction. § 29-11A-4(B) (2000). The sheriff is required to obtain a photograph, distinguishing features, and fingerprints of Defendant. § 29-11A-4(E) (2000). Imposed on Defendant is a continuing duty to notify the sheriff of any change of address if the new residence is in the same county; and if he moves to another county, he is required to notify both that sheriff and the sheriff with whom he last registered. § 29-11A-4(F), (G) (2000). The county sheriff is to maintain a local registry of sex offenders and to forward the registration information to the State Department of Public Safety (the Department). § 29-11A-5(A), (B
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 New Mexico Personal Injury Attorneys
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