United States v. Kebodeaux
| United States v. Kebodeaux | |
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| Argued April 17, 2013 Decided June 24, 2013 |
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| Full case name | United States v. Kebodeaux |
| Docket nos. | 12-418 |
| Citations | 570 U.S. ___ (more) |
| Prior history | Kebodeaux was convicted of violating SORNA - W.D. Tex.; Conviction overturned under the Wetterling Act - 687 F.3d 232 (5th Cir.). |
| Holding | |
| The Sex Offender Notification and Registration Act (SORNA) was found to be constitutional under the Necessary and Proper Clause. The circuit court's decision was reversed and remanded. | |
| Court membership | |
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| Case opinions | |
| Majority | Breyer, joined by Kennedy, Ginsburg, Sotomayor, Kagan |
| Concurrence | Roberts |
| Concurrence | Alito |
| Dissent | Scalia |
| Dissent | Thomas, joined by Scalia (Parts I, II, and III-B) |
| Laws applied | |
| Necessary and Proper Clause; United States v. Sharpnack 355 U.S. 286 (1958); Smith v. Doe 538 U.S. 84 (2003); Carr v. United States 560 U.S. 438 (2010); Reynolds v. United States No. 10-6549, 565 U.S. ___ (2012) | |
United States v. Kebodeaux, No. 12-418 (2013), was a recent case in which the Supreme Court of the United States held that the Sex Offender Notification and Registration Act (SORNA) was constitutional under the Necessary and Proper Clause.
The Sex Offender Notification and Registration Act (SORNA) is a federal law (42 U.S.C. ch. 151, subch. I) requiring federal sex offenders to register in the States where they reside, study, and/or work.
The Respondent, Anthony Kebodeaux, was convicted by a court-martial of a federal sex offense. After dishonorable discharge from the Air Force, Kebodeaux moved to Texas, where he registered with state authorities as a sex offender. When he moved within Texas, he failed to update his registration, and was prosecuted under SORNA. The District Court convicted. He later appealed to the Fifth Circuit, which overturned his conviction under the Wetterling Act as SORNA had not been passed at the time of his conviction.
Congress has the power to subject a federal sex offender to criminal penalties for failing to register or update said registration (). The appeals court's decision to reverse Kebodeaux's SORNA conviction was based on a mistake in applying pre-SORNA law. Contrary to the court's decision, Kebodeaux could be prosecuted under the Wetterling Act. is constitutional under the Necessary and Proper Clause as a "legitimate" consequence of the conviction under Smith v. Doe.
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