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Appeals court hears challenge to internet publication for trafficking-based registry classification
Summary
In Doe v. Offender Registry Board, the appellant argued internet publication was unnecessary because the victims repeatedly left and returned and publication would not further prevention; the Board argued individualized findings, grooming, vulnerabilities and moderate reoffense risk justify online dissemination. The court closed arguments and reserved decision.
Counsel for the appellant (Lee/Nehring) argued that although the victims suffered exploitation and emotional abuse, both adults repeatedly left and later returned and that Internet publication of the registry entry was unlikely to advance the statute’s prevention goal for this offender. The appellant urged reclassification or limiting dissemination, noting text messages and the victims’ cyclical returns tempered the claim that public publication would protect potential victims.
Board counsel Mohammed Yacine and the hearing examiner’s decision emphasized individualized findings that the offender targeted vulnerable adults (housing instability, substance dependence), committed psychological and physical abuse, and posed a moderate risk of reoffense. Yacine argued publication provides geographically specific information that victims’ support networks and potential victims’ families can use to avoid contact with the offender. "These victims tended to be vulnerable...the dissemination would be useful by allowing potential victims to be aware of Doe's geographical situation," he said.
The panel asked whether Internet posting would realistically reduce risk for the most vulnerable groups and whether the examiner’s use of grooming terminology required expert proof. Board counsel maintained the hearing record supports the classification and publication as individualized and necessary for due process under the statute. The court closed argument and reserved decision.
