Court: Sex offender law not retroactive

July 13, 2011 at 9:05 PM

COLUMBUS, Ohio, July 13 (UPI) -- A law on registration and community notification for released sex offenders cannot be applied retroactively, the Ohio Supreme Court said Wednesday.

The justices ruled 5-2 the 2007 Ohio Adam Walsh Law can only be applied to offenders who committed their crimes after it became effective, The Columbus (Ohio) Dispatch reported. The court reversed a decision by a state appeals court.

"The General Assembly has the authority, indeed the obligation, to protect the public from sex offenders," Justice Paul Pfeifer said. "It may not, however, consistent with the Ohio Constitution, 'impose new or additional burdens, duties, obligations, or liabilities as to a past transaction.'"

Justice Terrence O'Donnell in the minority opinion said the court has said in previous rulings that requiring sex offenders to register and providing community notification in some cases are civil sanctions, not criminal penalties.

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