David Litmon, Jr. v. Kamala Harris

California law requires “every person who has ever been adjudicated a sexually violent predator” to appear before local law enforcement every 90 days for the rest of their lives to verify certain identifying information. See CaLPenal Code § 290.012(b). We consider various constitutional challenges to this registration requirement.

I. Background

David Litmon, Jr., admitted to raping four women and severely beating another in the 1970s. Upon his release from prison, he sexually assaulted two underage girls. After serving his second sentence, he was adjudicated a “sexually violent predator” pursuant to California Welfare and Institutions Code § 6600(a)(1), and committed for treatment in 2000. Since his release in 2008, Litmon has been reporting to his local police station every 90 days to fill out a registration form pursuant to California Penal Code § 290.012(b). The section provides in relevant part:

A sexually violent predator is “a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will…