He also notes that amendments to VSOR now require registration of any change of owned motor vehicle, watercraft, or aircraft registration information. Because of these notable differences, we are not swayed by appellant's reliance on Snyder and find that it does not compel us to hold that VSOR as amended in has become punitive in nature. At the time of Smith's conviction, carnal knowledge of a minor was classified as a non-violent sex offense. Article I, Section 11 states: See McCabe, Va. During a hearing on the motion before the trial court, appellant argued that application of the amendment to VSOR requiring him to register his email address amounted to punishment, violating the United States Constitution's ex post facto clause.
Thus, he contended that reclassifying his offense breached the plea agreement and deprived him of vested contractual rights without just compensation or due process of law. As a non-violent sex offender, Smith was required to register with the State Police annually for 10 years, after which he could petition for expungement. While both cases involve challenges based upon the ex post facto clause, the evidentiary record in Snyder is much more expansive than the one at hand. The Commonwealth was permitted to enact retroactive legislation regulating convicted sex offenders as part of its police power. Appellant contends that this amendment violates the ex post facto clause of the United States Constitution because it retroactively inflicts greater punishment for his crime. Snyder is factually distinguishable from the instant case in several significant ways. This email account was not registered with the Virginia State Police. Smith argues that it could not. Smith first argues that the Commonwealth violated Article I, Section 11 of the Constitution of Virginia by depriving him of his contractual rights under the plea agreement without just compensation. Accordingly, we conclude that appellant has failed to establish that VSOR is so punitive in purpose or effect that we should deem it to be a criminal penalty. Thus, conviction of carnal knowledge of a minor who was more than five years younger than the perpetrator is the only fact relevant to the classification determination, and nothing Smith could have presented at a hearing would have changed that fact. Thus, Smith's sole argument is that the plea agreement implicitly incorporated the registration laws as contractual terms by operation of law. The Court considers both the statute's text and its structure to determine the legislative objective. While acknowledging these principles, we also recognize our role in determining the constitutionality of a statute. Because Smith had no vested contractual rights with respect to the registration requirements, the circuit court reasoned that there was no unconstitutional taking or procedural due process violation. Using the Smith two-part analysis to determine whether the amendment produced a statutory scheme in violation of the ex post facto clause, we first look to whether the General Assembly meant the statute to establish a civil rather than criminal proceeding. Failure to implement such standards would have resulted in a partial loss of federal funding for state and local law enforcement programs. The Commonwealth argued that the issue was controlled by Kitze v. Thus, we find that the amendment is not excessive with respect to VSOR's non-punitive purpose, as it allows for electronic reregistration of an email address rather than requiring in-person reporting. Article I, Section 11 states: New Jersey, U. The Supreme Court of Virginia reversed these convictions and remanded the case for retrial. Further, the amendment to the Michigan statute is more restrictive than the amendment to the Virginia statute. Thus, he contends that the Commonwealth materially breached the plea agreement and deprived him of vested contractual rights by subsequently amending the registration laws and retroactively enforcing them against him. Additionally, the offender must be photographed and fingerprinted and provide a DNA sample. Because in this particular case Smith had no vested contractual rights with respect to the registration requirements, there was no procedural due process violation. Yet, appellant argues that an examination of these factors requires this Court to conclude that VSOR as amended in is punitive, relying on a recent Sixth Circuit case, Doe v.
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