104 sex offenders sue Idaho over its registry laws

See also: New federal lawsuit says Idaho’s sex offender registry law is unconstitutional, applies retroactive punishment by Betsy Z. Russell: See also: Sex Offenders Say Idaho's Retroactive Registration Requirements Are Unconstitutional by Jacob Sullum see also: Lawsuit over Idaho’s sex-offender registry laws expands to 134 plaintiffs

9-23-16 Idaho:

A lawsuit challenging Idaho’s laws governing registration and community notification of sex offenders seeks a permanent injunction to stop the state and counties from enforcing portions of the law.

The lawsuit (PDF Complaint), filed Thursday in Boise federal court on behalf of 104 unnamed sexual offenders, identified as Does 1-104, argues that Idaho’s sex offender registry laws violate the U.S. and Idaho constitutions.

The plaintiffs come from across the state and the country. Most were convicted of a sexual offense in the 1980s and 1990s and say amendments since then to Idaho’s sex offender registry laws amount to retroactive punishment, which is unconstitutional.

One plaintiff, identified as Doe 100 of Bannock County, was convicted of a misdemeanor sexual offense in Montana in 1996. His offense did not require registration in Montana. He moved to Idaho in 2005 and was not required to register until 2007, 11 years after his conviction, when Idaho authorities reclassified his offense as a felony rather than the original misdemeanor.

Another plaintiff, Doe 80 of Lemhi County, was convicted of a sexual offense in Lemhi County in 1989. He was released from state prison in 1993. In 2013, 20 years after being released from custody, he was informed he must register for life as an aggravated offender in the Idaho sex offender registry.

Doe 5, a resident of Texas, was convicted of a sexual offense in Jerome County in 1988. His offense was not considered aggravated until 2009, 21 years after the date of conviction. He is now required to register for life as an aggravated offender in the Idaho sex offender registry.

The plaintiffs also allege Idaho’s sex offender registry laws violate the due process, equal protection, double jeopardy, contracts and takings clauses of the U.S. and Idaho constitutions.

The 73-page complaint, filed by Twin Falls attorney Greg Fuller, names more than 35 defendants including Attorney General Lawrence Wasden, Idaho Department of Correction Director Kevin Kempf, Idaho State Police Director Col. Ralph Powell, and the sheriffs of the 21 counties in which the plaintiffs reside.

Idaho Attorney General Lawrence Wasden would not comment on the lawsuit. ..Source.. by Cynthia Sewell