Lincoln sex offender loses challenge

6-15-2010 Nebraska:

One of the first in Lancaster County accused of violating the Sex Offender Registry Act for not keeping up with changes that went into effect in January has lost his challenge to the law itself.

Terry Hunt, 51, of 2530 Lynn Circle, argued the act was constitutionally flawed and that it has changed substantially and now requires more of him than when he was convicted.

As part of a compliance check in February, Lincoln police checked Hunt's address and found he hadn't been staying there for more than a week, court records say.

By law, a sex offender on the registry must notify the sheriff's office of a move within three days. Prosecutors charged him with violating the act.

In April, Hunt's attorney, Scott Helvie of the Lancaster County Public Defender's Office, argued the registry changes should not apply to Hunt because they amounted to punishment and that the act wasn't constitutional because it restricted his freedom to travel within the state and between states.

In an order Friday, Lancaster County District Judge Robert Otte ruled against Hunt and set his arraignment for Wednesday.

Otte said he did not believe the Sex Offender Registry Act improperly impaired Hunt's right to travel as defined by the courts.

"While SORA certainly is restrictive, it does not impair his right to travel or his right to reach a given destination," Otte wrote.

Hunt generally can come and go when and where he chooses, he said.

As to whether the changes should apply to Hunt, Otte said that even though regulations subject him to onerous monitoring, reporting and disclosure requirements, they are nonpunitive, regulatory measures.

Hunt was convicted Jan. 11, 2002, of sexual assault of a child for fondling an 11-year-old Lincoln girl in 2001.

He served a year in prison on the charge and, when he got out, was required to register certain information, including his address and any changes to it, with law enforcement for at least 10 years. ..Source.. LORI PILGER / Lincoln Journal Star