Nichols v. United States
Issues
Under the Sex Offender Registration and Notification Act, must registered sex offenders who leave the United States update their registration status with their former home states?
In November 2012, Lester Nichols flew from Kansas City, Kansas, to Manila, Philippines. Nichols, a registered sex offender, did not update his registration status in Kansas City prior to his departure. In December 2012, Manila law enforcement officers arrested Nichols, and transferred him to the United States’ custody. The United States then charged Nichols for failing to comply with the registration requirements of the Sex Offender Registration and Notification Act (“SORNA”). The Supreme Court will decide whether SORNA requires sex offenders who move to foreign countries to update their registration status in the U.S. jurisdiction where they used to reside. Nichols argues that a sex offender who moves to a foreign jurisdiction does not need to update his or her registration status. The United States maintains that SORNA aims to regulate offenders who move abroad.
Questions as Framed for the Court by the Parties
Whether 42 U.S.C. § 16913(a) requires a sex offender who resides in a foreign country to update his registration in the jurisdiction where he formerly resided, a question that divides the courts of appeals.
In 2003, Lester Nichols was convicted and sentenced to ten years imprisonment for traveling from one state to another with the intent to have sex with a minor. See United States v. Nichols, 775 F.3d 1225, 1227 (10th Cir. 2014). In 2006, Congress enacted the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C.
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Additional Resources
Jessica Shumaker, High Court to Hear Sex Offender Registry Case, Legal News (November 19, 2015).