Doe v. Toelke (Mo. 2012)

Doe v. Toelke, 389 S.W.3d 165 (Mo. 2012)

Nature of Case: Doe pleaded guilty to a sex offense in 1983, and was required to register as a sex offender in 1995 when Missouri passed its SORA law. In 2010, Doe brought a state court challenge, alleging that he was not required to register pursuant to Missouri state constitutional provisions prohibiting ex post facto punishments. Trial court found that, as-applied to Doe, Missouri’s SORA was unconstitutional. State appealed.

Holding:  The Missouri Supreme Court reversed. The Court agreed that while the state could not make Doe register based solely on his 1983 conviction, Missouri state law imposed registration requirements on anyone who “has been” required to register under the federal counterpart, SORNA. Because Doe “has been” required to register under SORNA, he was presently required to register under Missouri state’s SORA, ex post facto prohibitions notwithstanding.