sex offender registration requirement in Iowa

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.

2020See Apprendi, 530 U.S. at 488–90, 120 S. Ct. at 2362–63 (constitutional challenge applies to “any fact that increases the penalty for a crime beyond the prescribed statutory maximum”); State v. Aschbrenner, 926 N.W.2d 240, 244 (Iowa 2019) (Iowa’s sex offender registry statute is nonpunitive toward adult offenders). 13 Regardless of whether it was proper for the district court to consider it, we conclude K.Z.’s victim impact statement did not present sufficient evidence of sexual motivation.4 Two specific statements are most relevant to that determination: “I mean, at the least he touched my ch

2024State v. Pickens, 558 N.W.2d 396 , 399–400 (Iowa 1997). 7 discharge report required SOTP and merely suggested treatment, section 692A.128(2)(b) did not prevent modification.

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).

2022See Maxwell, 903 N.W.2d at 184 (describing the sex offender registration requirement as a mandatory, automatic collateral 11 consequence of the judgment of conviction).

2022The defendant argued in district court that the sex offender registration requirement was unconstitutional under In re T.H., which held that imposing the requirement on a minor in juvenile court proceedings constitutes punishment. 913 N.W.2d 578, 596 (Iowa 2018).

2020See State v. Phillips, 561 N.W.2d 355, 359 (Iowa 1997). 3As discussed below, the sex offender registration requirement is not punitive, so Apprendi is not implicated.

2020See Apprendi, 530 U.S. at 488–90, 120 S. Ct. at 2362–63 (constitutional challenge applies to “any fact that increases the penalty for a crime beyond the prescribed statutory maximum”); State v. Aschbrenner, 926 N.W.2d 240, 244 (Iowa 2019) (Iowa’s sex offender registry statute is nonpunitive toward adult offenders). 13 Regardless of whether it was proper for the district court to consider it, we conclude K.Z.’s victim impact statement did not present sufficient evidence of sexual motivation.4 Two specific statements are most relevant to that determination: “I mean, at the least he touched my ch

2020See Apprendi, 530 U.S. at 488–90, 120 S. Ct. at 2362–63 (constitutional challenge applies to “any fact that increases the penalty for a crime beyond the prescribed statutory maximum”); State v. Aschbrenner, 926 N.W.2d 240, 244 (Iowa 2019) (Iowa’s sex offender registry statute is nonpunitive toward adult offenders). 13 Regardless of whether it was proper for the district court to consider it, we conclude K.Z.’s victim impact statement did not present sufficient evidence of sexual motivation.4 Two specific statements are most relevant to that determination: “I mean, at the least he touched my ch

2018The State equates “collateral” with “non-punitive,” arguing “[t]he requirement to register as a sex offender under chapter 692A is a non-punitive collateral consequence.” The State continues, “Because the failure to advise a defendant concerning collateral consequences, even serious ones, cannot provide a basis for a claim of ineffective assistance of counsel, this court should summarily affirm.” The State quotes Mott v. State, 407 N.W.2d 581, 583 (Iowa 1987), for this proposition.

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).