United States Ninth Circuit

Dismissal of an action challenging California Penal Code section 290.012(b), the sexually violent predator registration statute, is affirmed, where: 1) the registration requirement does not violate the fundamental right to be free from physical restraint, and it is not irrational for the California legislature to conclude that requiring sexually violent predators to register may deter recidivism and promote public safety; 2) the cumulative burden of the registration requirement does not make it an unconstitutionally retroactive punishment; 3) mentally disordered offenders are not similarly situated to sexually violent predators; and 4) plaintiff’s void-for-vagueness challenge was waived because he failed to present it to the district court.

Appellate Information

• Decided 10/14/2014
• Published 10/14/2014

Judges

• Kozinski

Court

• United States Ninth Circuit

Counsel