Legal Question in Constitutional Law in Virginia
Can the Walsh Act be applied to someone twenty years after the fact when there was no sexual assault involved?
1 Answer from Attorneys
Yes, if the convicted offender fits into what the Act terms a Tier 3 offender status
(the most serious) and therefore is required under the Act to register for the remainder of his life, irrespective if whether his crimes were violent or non-violent and no matter how long ago that they may have been committed.
Article 1, Section 9 of the U.S. Constitution provides "No bill of attainder or
ex post facto law shall be passed." Thus far, however, the Adam Walsh Act of
2006 seems to have withstood any challenges to its constitutionality despite its
apparent ex post facto characteristics with respect to its capacity for
retroactive application to a certain class of convicted pedophilic offenders.
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