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State v. Druktenis1/30/2004
) (2000). The Department is required to maintain a central registry of sex offenders and to participate in the national sex offender registry administered by the United States Department of Justice. § 29-11A-5(C) (2000).
The definitional sections also bring Defendant squarely within SORNA's notification provisions. If a sex offender is convicted of the crime of kidnapping as it is listed in SORNA, as was Defendant, or other crimes listed in Subsection 29-11A-5(D), the Department must retain the registration information "for a period of twenty years following . . . conviction, release from prison or release from probation or parole, whichever occurs later." § 29-11A-5(D) (2000). For other crimes, including attempted sexual contact of a minor in the fourth degree, the period to retain the registration information is ten years. § 29-11A-5(E) (2000). A sex offender must renew his registration annually for the applicable time period. § 29-11A-4(H) (2000). A sex offender willfully failing to comply with the registration requirements is guilty of a fourth degree felony. § 29-11A-4(I) (2000).
Certain sex offenders are subject to SORNA's public access to information, active community notification, and internet website provisions, which we refer to in this opinion as "notification provisions." See § 29-11A-5.1 (2000). The notification provisions are triggered by a conviction of specific sex offenses. § 29-11A-5.1(A) (2000). The crimes that trigger the notification provisions are criminal sexual penetration in the first or second degree under NMSA 1978, § 30-9-11 (2001); criminal sexual contact of a minor in the third or fourth degree under Section 30-9-13; sexual exploitation of children under NMSA 1978, § 30-6A-3(A), (B), (C) (2001); sexual exploitation of children by prostitution under NMSA 1978, § 30-6A-4 (1989); and an attempt to commit any of these enumerated crimes. § 29-11A-5.1(A) (2000).
Under the notification provisions, the registration information of those convicted of these specific crimes is required to be made available by the sheriff, the district attorney, or chief municipal law enforcement officer, or the secretary of the Department, to any "person who wants to obtain registration information." § 29-11A-5.1(B) (2000). Further, "with the exception of the sex offender's social security number," the registration information must be provided to "every licensed daycare center, elementary school, middle school and high school within a one-mile radius of the sex offender's residence." § 29-11A-5.1(D) (2000). In addition, the Department is authorized to provide information to the public through an internet website. § 29-11A-5.1(E) (2000). The limitations on website publication are that the information published "shall not include a sex offender's social security number or a sex offender's place of employment, unless the sex offender's employment requires him to have direct contact with children." Id. In oral argument, the State informed this Court that the Department does indeed maintain a website, that it receives thousands of hits, and that it contains the location of a sex offender's place of employment, whether a school, restaurant, or retail merchandise outlet.
Defendant includes both the registration and notification provisions in his argument that SORNA violates the Ex Post Facto Clause of the State and federal Constitutions on the ground that SORNA is punitive in purpose and effect. He discusses the registration requirement in pursuing his Article IV, Section 34 argument. In his substantive and procedural due process arguments, Defendant dwells on the notification provisions of SORNA in arguing that his constitutional liberty right, defined through privacy
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