Powell v. Keel

On February 28, 2008, Dennis Powell Jr. was arrested under the criminal solicitation of a minor. Powell was engaging in an anonymous internet chatroom, under graphic nature, with an undercover officer posing as a twelve-year-old in a sting operation. After both parties agreed upon a meet-up destination, Powell was arrested and indicted for the charge in December 2008.

On April 2, 2009, Powell pled guilty to his charges and was sentenced to two years of imprisonment and one year of probation. In addition to his sentence, Powell registered as a sex offender under South Carolina’s Sex Offender Registry Act (SORA). In South Carolina, any person convicted of an enumerated crime is registered as a sex offender for their lifetime.

After completing his sentencing, Powell underwent outgoing 60 hours of psychiatric treatment in sex offender group therapy. Upon completing the treatment, a licensed professional counselor determined Powell was at low risk of recidivism.

The Appeal

On November 21, 2016, Powell filed a petition to appeal in the South Carolina circuit court. He claimed that SORA does not permit the publication to the internet of its state records. Powell also argued that the lifetime duration of his registration to SORA is deemed excessive punishment under the Eighth Amendment of the United States Constitution and violates his rights of due process and equal protection under the South Carolina Constitution.

Soon after, the circuit court ruled in favor of Powel’s motion under the facet of unconstitutionality. The court determined in a unanimous ruling that a lifetime registration is unconstitutional without a due process hearing or prior judicial review and that SORA registration records are not for internet publication.

Initially, offenders were only removed from the registry if their conviction was reversed, if the individual was acquitted through a retrial, or granted a pardon based on the findings that the subject in question was not guilty of the crime.

The Justices have set a 12-month timeline for South Carolina to implement this new ruling.

Discerning Opinions

Chief Justice Donald Beatty of the circuit court considers the current South Carolinian system to be “the most stringent in the country,” however, many experts are now concerned that the focus is shifted away from the victims. The general worry is that the justices did not mention their victims in their ruling regarding the Powell appeal and bypasses the fact that victims must deal with their experience for their lifetime.

Contact a South Carolina Criminal Defense Attorney Today

Dealing with a sensitive matter such as sexual offenses can be an overwhelming process, so it’s essential to reach out to an experienced attorney as soon as possible. Contact our firm to speak with a criminal law attorney and receive legal assistance today.