United States v. Gonzalez-Medina

Defendant appealed his conviction for failure to register as a sex offender, contending that he was not required to register because his Wisconsin conviction for having sexual intercourse with a child age sixteen or older does not qualify as a "sex offense" within the meaning of the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901 et seq. The court concluded that, based on the language, structure, and broad purpose of SORNA, Congress contemplated a non-categorical approach to the age-differential determination in the section 16911(5)(C) exception; the district court properly found that the (5)(C) exception does not apply and that defendant was required to register as a sex offender; defendant's contention that SORNA's criminal penalty and civil registration requirement exceeded Congress's power under the Commerce Clause was foreclosed by United States v. Whaley; and, therefore, the court affirmed the judgment of the district court. View "United States v. Gonzalez-Medina" on Justia Law