Molloy: sex offender registry rule unconstitutional

Missoula, Mont. (AP) A federal judge in Missoula has ruled that a provision of the national sex offender registration law is unconstitutional. And he has dismissed a felony indictment accusing a convicted sex offender of failing to register in Montana.

In an opinion issued this week, U.S. District Judge Donald Molloy said Congress can't federally criminalize a sex offender's failure to register in a state-run database.

He said Congress therefore exceeded its authority under the Interstate Commerce Clause by making it a federal crime for a sex offender to travel to another state and not reregister there.

Jessica Fehr, a spokeswoman for the U.S. attorney's office in Billings, says the government plans to appeal.

The case involves 58-year-old Bernard Waybright, who was convicted of a misdemeanor sex crime in 2004 in West Virginia. As part of his sentence, he was required to register under the Sexual Offender Registration and Notification Act, which keeps track of where sex offenders live.

He then traveled to Montana several times but failed to reregister with local authorities.

Information from: Missoulian, http://www.missoulian.com (Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 06-14-08 1429CDT | save this article / add to your favorites list