Missouri Court of Appeals, Western District / Apr 21, 2020
Jason Michael Kyle Selig vs. Robert Russell, Prosecutor, Johnson County Circuit Court, Scott Munsterman, Sheriff, Johnson County Sheriff's Department
Jason Selig, convicted of furnishing pornographic material to a minor, sought a declaratory judgment that he was exempt from state and federal sex offender registration. The circuit court granted his petition, finding him exempt under state law. The appellate court reversed in part and remanded, holding that while Selig may be exempt under a specific state statute, the circuit court erred by not determining his independent federal registration obligations under SORNA, which are incorporated into Missouri law. The court also held that the Rule of Lenity did not apply and that prior registration is not a prerequisite for seeking an exemption.