Re: Fw: SORNA Letter
Attached for your consideration is a draft of my analysis of the interplay between SORNA registration requirements and what is required to maintain registration with relevant state sex offender registries— specifically, the Virgin islands.
For the record, please disregard my September 24, 2010 letter in this regard inasmuch as it was based on a misapprehension of certain key facts.
EFTA00732362
As detailed in the attached, in my view federal SORNA obligations as to individuals who are classified as sex offenders are limited to the act of registering and updating registration. Knowing failures to conform to those federal obligations can alone put a citizen at risk of federal prosecution. However, all other sex offender registration issues are subject to state law. In particular, the requirements for individual state registration, and maintaining such registration, are within the purview of the individual state registration schemes-especially when such states have not implemented SORNA.
Please let me know if you have questions.
Stephanie D. Thacker
Allen Guthrie & Thomas, PLLC
500 Lee Street East
Suite 800
Charleston, West Virginia 25301
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The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Jeffrey Epstein
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I would now omit fn 1
I would consider, at the very end of your conclusory bulletpoints on pg 10 of the attached letter, adding language from your transmittal email:
"in my view federal SORNA obligations as to individuals who are classified as sex offenders are limited to the act of registering and updating registration. Knowing failures to conform to those federal obligations can alone put a citizen at risk of federal prosecution. However, all other sex offender registration issues are subject to state law. In particular, the requirements for individual state registration, and maintaining such registration, are within the purview of the individual state registration schemes"
Note I have eliminated the "especially" believing it creates an unnecessary question regarding which law to follow as to states that have conformed eg Florida if there remain differences
I would also consider adding a final sentence "Further, issues including those relating to the manner of providing notice of travel are matters exclusively governed by the laws of the respective states in which you have registererd"
nothing attached
On Fri, Oct 1, 2010 at 9:09 PM, Martin Weinberg < > wrote: Hopefully, with several minor edits, you will be receiving Stephanie's opinion letter today