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Their decision was not based upon a single requirement, but instead was based upon the totality of the requirements.
The Court cited the various new requirements, and also stated two other factors that influenced their decision: 1) the procedures for registration and classification of sex offenders were placed within Ohio's criminal code, and 2) failure to comply with certain registration requirements subjected an offender to criminal prosecution. 10, as applied to defendants who committed sex offenses prior to its enactment, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from passing retroactive laws." A video of the oral argument that was administered prior to the decision is below.
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Some notable comments in this analysis include: "The stigma attached to sex offenders is significant, and the potential exists for ostracism and harassment, as the Cook court recognized. In a recent Pennsylvania Supreme Court case (Commonwealth v.
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Some examples of collateral consequences include loss of the right to vote, enlist in the armed services, or own a firearm.
Although it may be hard to imagine, some high courts have ruled that sex offender registration requirements are not punitive, but are instead collateral consequences. Williams,129 Ohio St.3d 344, 2011-Ohio-3374, the Ohio Supreme Court concluded that the requirements of Ohio's new sex offender laws based upon the Adam Walsh Act had transformed the law from remedial to punitive.