The ACLU challenged the application of the sex offender registry law to people who had already served their sentence prior to the date of enactment of the registry in 1997.   Robert Mount had fully served his sentence prior to 1997 and claimed that it was violation of ex post facto provisions to require him to register under provisions that went into effect in 1997.   It was also claimed the his right to privacy under the Montana Constitution was infringed.  The Montana Supreme Court rejected both claims, holding that registration was not “punishment” and therefore did not fall under the prohibition against ex post facto laws, and that although the right of privacy was infringed, there was a compelling state interest to justify such infringement.

Attorney(s)

Elizabeth Brenneman

Date filed

October 7, 2003

Court

Supreme Court of the State of Montana

Case number

02-020

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