Recent Changes to Michigan's Sex Offender Registration Act

A recent Michigan Court of Appeals decision ruled that it is "cruel or unusual punishment" to require a person previously assigned to Holmes Youthful Trainee Act (HYTA) status to register under the Sex Offender Registration Act (SORA), where the sexual relations between teenagers was consensual.

 In 2004, the SORA was amended to include HYTA status as a "conviction." This meant individuals who previously engaged in a "Romeo and Juliet" relationship (consensual sexual relationships between teens) were required to register as sex offenders upon reaching adulthood. In People v Dipiazza, 2009 WL 3644130, the defendant was 18 years old, and engaged in consensual sexual relations with a girl who was 14. The defendant was awarded HYTA status, which meant his charge was dismissed and he didn't have a conviction. Still, SORA's 2004 amendment labeled him as "convicted," requiring his registration to be publicly viewed. The defendant claimed this was cruel or unusual punishment under the Michigan Constitution. The court ultimately agreed.

 The court first established defendant's situation constituted punishment. "With the SORA, the government is warning the public that defendant is dangerous, thus publicly labeling defendant as dangerous. Such warning or 'branding' in the context of this case clearly constitutes punishment." Finally, the court held the punishment to be "cruel or unusual." The offense was not severe (given the consensual relationship), the punishment was very harsh (SORA harming job search and social status), and there was no apparent goal of rehabilitation (because defendant does not pose a threat to the community of reoffending).