registration requirement in Iowa

2019In re S.M.M., 558 N.W.2d 405, 406 (Iowa 1997).

2015In re S.M.M., 558 N.W.2d 405, 407 (Iowa 1997).

2024But as the State argues, the requirement to register as a sex offender is not “punishment.” See Smith v. Doe, 538 U.S. 84 , 105–06 (2003) (holding Alaska’s Sex Offender Registry Act, which contains a registration requirement and notification system, nonpunitive); State v. Aschbrenner, 926 N.W.2d 240, 248 (Iowa 2019) (“[E]very circuit of the United States Court of Appeals has concluded that sex offender registration statutes are nonpunitive.”); State v. Hess, 983 N.W.2d 279 , 285 (Iowa 2022) (reiterating that for adult offenders, “mandatory sex offender registration remains nonpunitive”); State

2009However, the registration requirement pursuant to Iowa Code section 692A.2(1) is not “punishment.” See Willard, 756 N.W.2d at 212 (stating that “being subject to the residency restrictions [of Iowa Code section 692A.2A] is not punishment”); State v. Pickens, 558 N.W.2d 396, 399-400 (Iowa 1997) (holding that the registration requirement of Iowa Code section 692A.2(1) is remedial and not punitive).

2019If the court does not waive the registration requirement, the court may modify or suspend the requirement upon motion of the juvenile if it finds “good cause is shown.” Iowa Code § 692A.103(5); A.J.M., 847 N.W.2d at 606 .

2019See id. at 604 .

2024But as the State argues, the requirement to register as a sex offender is not “punishment.” See Smith v. Doe, 538 U.S. 84 , 105–06 (2003) (holding Alaska’s Sex Offender Registry Act, which contains a registration requirement and notification system, nonpunitive); State v. Aschbrenner, 926 N.W.2d 240, 248 (Iowa 2019) (“[E]very circuit of the United States Court of Appeals has concluded that sex offender registration statutes are nonpunitive.”); State v. Hess, 983 N.W.2d 279 , 285 (Iowa 2022) (reiterating that for adult offenders, “mandatory sex offender registration remains nonpunitive”); State

2022The sentencing court ruled that In re T.H. does not apply to a defendant in “adult court” who is sentenced while an adult for offenses committed as a juvenile and instead followed State v. Aschbrenner, 926 N.W.2d 240, 249 (Iowa 2019), which held that the registration requirement imposed on an adult is nonpunitive.

2021See State v. Andrews, 705 N.W.2d 493, 496 (Iowa 2005) (doubting officers may investigate a registration violation when they can see valid temporary registration tags); see also State v. Hollie, 854 N.W.2d 695, 699 (Iowa Ct. App. 2013) (reversing denial of suppression motion when officer had no reasonable grounds to believe that vehicle displaying temporary plate was not properly registered).

2020See, e.g., State v. Hollie, 854 N.W.2d 695 , 698–99 (Iowa Ct. App. 2013) (concluding on direct appeal counsel was ineffective in failing to timely file a motion to suppress a vehicle stop involving an alleged registration violation per 321.37 (a scheduled violation) when defendant had a temporary registration card displayed and the officer’s sole reason for stopping her was “a sweeping suspicion or hunch of criminal activity on the part of people in general”).

2017Ct., 712 N.W.2d 695, 699 (Iowa 2006) (“[I]t is the operative command of [Iowa Code chapter 692A] that impose[s] the registration requirement on the convicted party rather than the judgment of the court.”).

2017Ct., 712 N.W.2d 695, 699 (Iowa 2006) (“[I]t is the operative command of [Iowa Code chapter 692A] that impose[s] the registration requirement on the convicted party rather than the judgment of the court.”).

2009However, the registration requirement pursuant to Iowa Code section 692A.2(1) is not “punishment.” See Willard, 756 N.W.2d at 212 (stating that “being subject to the residency restrictions [of Iowa Code section 692A.2A] is not punishment”); State v. Pickens, 558 N.W.2d 396, 399-400 (Iowa 1997) (holding that the registration requirement of Iowa Code section 692A.2(1) is remedial and not punitive).

2009However, the registration requirement pursuant to section 692A.2(1) and the residency restriction pursuant to section 692A.2A are not “punishment.” See Willard, 756 N.W.2d at 212 (stating that “being subject to the residency restrictions [of Iowa Code section 692A.2A] is not punishment”); State v. Pickens, 558 N.W.2d 396, 399-400 (Iowa 1997) (holding that the registration requirement of Iowa Code section 692A.2(1) is remedial and not punitive).

2019The district court acknowledged Barker "received incorrect information as to his 692A registration requirements at multiple points during his criminal prosecution." Yet, relying on State v. Bullock , 638 N.W.2d 728 , 735 (Iowa 2002), the district court found the DPS correctly determined Barker must register as a sex offender for life because "the determination of the length of any required [sex offender] registration is an administrative decision initially committed to the Department of Public Safety." Therefore, the district court concluded both the district court and court of appeals in 2015

2014Tripp, 776 N.W.2d at 858 . 4 Likewise, in State v. Bullock, 638 N.W.2d 728, 734 (Iowa 2002), the defendant’s challenge to the requirement he register as a sex offender was determined not ripe for review because the registration requirement commenced upon his release from prison and he was still incarcerated.

2024See In re T.H., 913 N.W.2d 578, 587 (Iowa 2018) (“Before we can assess whether mandatory sex offender registration for certain juveniles is cruel and unusual, we must first determine that registration is, in fact, punishment.”); Doe v. Miller, 405 F.3d 700 , 723 n.6 (8th Cir. 2005) (“In view of our conclusion that 3 the statute is not punitive, it follows that the law is not a ‘cruel and unusual punishment’ in violation of the Eighth Amendment.”).

2019We conclude the juvenile court did not abuse its discretion in finding G.R. had an increased risk to reoffend due to his continued denial of the offense, failure to 1 “Additionally, if a juvenile court does not initially waive the registration requirement, it may subsequently ‘modify or suspend the registration requirements’ upon a showing of good cause prior to the discharge of a juvenile from the jurisdiction of the court.” T.H., 913 N.W.2d at 583 (quoting Iowa Code § 692A.103(5)). 8 complete sex offender specific treatment, lack of sympathy or empathy for the victim, and the nature of the o

2025See Pro Edge, L.P. v. Gue, 374 F. Supp. 2d 711 , 744 n.14 (N.D.

2024But as the State argues, the requirement to register as a sex offender is not “punishment.” See Smith v. Doe, 538 U.S. 84 , 105–06 (2003) (holding Alaska’s Sex Offender Registry Act, which contains a registration requirement and notification system, nonpunitive); State v. Aschbrenner, 926 N.W.2d 240, 248 (Iowa 2019) (“[E]very circuit of the United States Court of Appeals has concluded that sex offender registration statutes are nonpunitive.”); State v. Hess, 983 N.W.2d 279 , 285 (Iowa 2022) (reiterating that for adult offenders, “mandatory sex offender registration remains nonpunitive”); State

2024See In re T.H., 913 N.W.2d 578, 587 (Iowa 2018) (“Before we can assess whether mandatory sex offender registration for certain juveniles is cruel and unusual, we must first determine that registration is, in fact, punishment.”); Doe v. Miller, 405 F.3d 700 , 723 n.6 (8th Cir. 2005) (“In view of our conclusion that 3 the statute is not punitive, it follows that the law is not a ‘cruel and unusual punishment’ in violation of the Eighth Amendment.”).

2022Assocs. v. Meester, 442 N.W.2d 105, 107 (Iowa 1989). 16 Meester, 442 N.W.2d at 107 (quoting Sec. & Exch.

2022Assocs. v. Meester, 442 N.W.2d 105, 107 (Iowa 1989). 16 Meester, 442 N.W.2d at 107 (quoting Sec. & Exch.

2022On an expectation of profits to be derived solely from the efforts of individuals other than the investor.[16] 13 See Iowa Code § 502.301 (1)–(2) (providing exceptions to the registration requirement). 14 State v. Kraklio, 560 N.W.2d 16, 18 (Iowa 1997); accord Iowa Code § 502.102 (28) (defining “security”). 15 Corp. E.

2021To support his application, McAfee testified he wanted the DVD introduced because “it showed our activities.” As for the registration requirement, McAfee claimed that the prosecution offered him a deal where he would plead guilty to the 1 In his first PCR appeal, we quoted his petition as saying, “his attorney ‘misled [him] into believing if [he] was found guilty, [he] would have to register’ as a sex offender.” McAfee v. State, No. 15–1289, 2016 WL 7403710, at *1 (Iowa Ct. App. Dec. 21, 2016) (alterations in original).

2021See United States v. McLemore, 887 F.3d 861, 866 (8th Cir. 2018) (affirming order granting motion to suppress when officer knew BMW she stopped for a registration violation had “a car dealer’s advertising 6Recently, our supreme court reiterated that an investigatory stop must not go beyond the mission of addressing the traffic infraction and related safety concerns.

2021See State v. Andrews, 705 N.W.2d 493, 496 (Iowa 2005) (doubting officers may investigate a registration violation when they can see valid temporary registration tags); see also State v. Hollie, 854 N.W.2d 695, 699 (Iowa Ct. App. 2013) (reversing denial of suppression motion when officer had no reasonable grounds to believe that vehicle displaying temporary plate was not properly registered).

2020A. Evidentiary Rulings Lindaman first challenges several evidentiary rulings, which we review for an abuse of discretion.5 See State v. Webster, 865 N.W.2d 223, 231 (Iowa 2015).