Missouri State Highway Patrol and Boone County, Missouri, Sheriff Missouri Cases

Liana MacColl appealed the circuit court's summary judgment requiring her to register as a sex offender under MO-SORA. MacColl contended she was never required to register under state or federal law and sought removal from the registry. The Missouri Supreme Court reversed and remanded, holding that a genuine issue of material fact exists regarding whether MacColl's completed sex offender treatment programs qualified for a reduction in her registration period under SORNA, which would determine her overall registration obligation. The Court also clarified that the clean record provision for registration reduction is not automatic and requires a court's allowance, and that MacColl's misdemeanor offense should be classified as a Tier I, not Tier III, offense under MO-SORA.

Liana MacColl appealed the grant of summary judgment to the Missouri State Highway Patrol and Boone County Sheriff, seeking a declaration that she is not required to register as a sex offender. MacColl, who pled guilty to sexual misconduct in 1995, argued she was not subject to federal or state registration requirements and was entitled to a retroactive reduction in her registration period. The appellate court affirmed, holding that MacColl's 1995 conviction made her a sex offender under the federal Sex Offender Registration and Notification Act (SORNA), which in turn triggered a lifetime registration obligation under Missouri law, and she was not entitled to a retroactive reduction.