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KY Rules KRS 17.510 Unconstitutional

If you are charged with sec offender registration violation - read this!  The ability for prosecution under The Kentucky Sex Offender Registry has been significantly hampered by the recent Order from the U.S. District Court.  The United States District Corut has ruled that the Commonwealth is permanently enjoined form enforcing KRS §KRS 17.546 and KRS 17.510(10) and (13).

What does this mean? It means that individuals charged for failing to register their internet addresses, social media pages and email addresses may have their cases dismissed. If you have a pending case, you should ask your attorney about this new development asap!

If you have been convicted under this statute, you may be able to have the case reviewed.

New criminal law case regarding sex offender registration and use of email and social media released in Kentucky.  On October 20, 2017, U.S. District Judge Gregory F. Van Tatenhove ruled in the case of John Doe v. Commonwealth of Kentucky 3:15-cv-14-GFVT that the Commonwealth cannot prosecute those cases where the charges are based on these statutes.

The judge ruled that the statutes requiring registration of email and social media accounts are constitutionally vague and it is unclear how or where to register once you establish a new email address or social media account.  This recent ruling is a direct result of the constitutional challenges for convicts to have FaceBook accounts in Packingham v. North Carolina, 137 S.Ct. 1730 (2017).

If you have been charged with these statutes, you should seek legal advice and representation.  For consultation in Kentucky, call Michael Bouldin at 859-581-6453 or email [email protected].

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