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Name: Litmon v. Harris
Case #: 12-15261
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/14/2014
Summary

Requiring sexually violent predators to register in person every 90 days does not violate constitutional protections. In 2008, Litmon was released from treatment after having been adjudicated a sexually violent predator (SVP). Pursuant to Penal Code section 290.012, subdivision (b), it was ordered that he report to his local police station every 90 days to register. Litmon sought injunctive relief from the registration requirement, contending that his equal protection rights were violated because mentally disordered offenders (MDOs) and mentally disordered sex offenders (MDSOs) only have to register annually. The district court dismissed the complaint. Litman appealed. Held: Affirmed. MDOs and MDSOs are not similarly situated to sexually violent predators because the requirements for each classification differ; it is not required that MDOs and MDSOs have a conviction for a sexually violent offense. SVPs have also been found likely to “engage in sexually violent criminal behavior” upon their release from prison and such a finding is not required for MDOs and MDSOs. Additionally, there is a rational basis for imposing more frequent reporting requirements on SVPs given their criminal history of sexual violence and their higher rate of recidivism. The court also rejected due process and ex post facto claims.