United States v. Mark Steven Elk Shoulder

facts of this case.

A

In 1994, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (“Wetterling Act”), Pub. L. No. 103-322, §§ 170101–170303, 108 Stat. 1796, 2038–45 (1994), the first federal act addressing sex offender registration. The Wetterling Act served at least two functions. First, it “used the federal spending power to encourage States to adopt sex offender registration laws.” United States v. Kebodeaux,

UNITED STATES V. ELK SHOULDER

133 S. Ct. 2496, 2501 (2013) (citing 42 U.S.C. § 14071(i) (2000 ed.)). Specifically, 42 U.S.C. § 14071(a) required the Attorney General to “establish guidelines for State programs” requiring people “convicted of a criminal offense against a [minor] victim,” or “a sexually violent offense,” to register a current address for a specified time period. Although the Act did not require states accepting funds to impose this registration requirement retroactively on individuals previously convicted of sex offenses, the Act did “not preclude states from imposing any new registration requirements on offenders convicted prior to the establishment of the registration…