Friday, March 23, 2007

State Sex Offender Registrations Laws Enforcable Againsts Indians on Minnesota PL 280 Reservations

A sharply divided Minnesota Supreme Court has ruled that the Minnesota sexual offender registry statute is criminal rather than prohibitory since it derives from the commission of a prohibitory crime. The Court therefore held that the Minnesota statute could be enforced against Indians living in Indian country on Public Law 280 reservations within the state. The full opinion can be found here. News coverage of the case can be found here. The case raises a fascinating question as to whether the criminal act one should be measuring involves the commission of the original sex offense that triggers application of the act or the legally required act of registration. Obviously, which view of the act one takes affects whether one views the legislation as prohibitory or regulatory.


At March 28, 2007 7:46 PM, Blogger Sarah Deer said...

The new federal Adam Walsh Act creates additional critical questions about tribal sovereignty in the context of sex offender registries.


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