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Mass. Crim. Dig.: Moe v. SORB

Contributing Editor: Kevin C. Mortimer

Moe v. Sex Offender Registry Board, 467 Mass. 598 (2014)

I. Issue

In Moe v. Sex Offender Registry Board, the Massachusetts Supreme Judicial Court (“SJC”) considered: (1) whether the July 12, 2013 amendments to the sex offender registry law (“SORL”) are retroactive as applied to those classified as level two offenders on or before July 12, 2013; (2) whether the Legislature intended for retroactive application; and (3) if so, whether such application violates due process under the Massachusetts Declaration of Rights.

II. Holding

The SJC held that: (1) the July 12, 2013 amendments to the sex offender registry law are retroactive as applied to those classified as level two offenders on or before July 12, 2013; (2) the Legislature intended for retroactive application; and (3) such application violates due process under the Massachusetts Declaration of Rights.