DONALDSON v. CITY OF EL RENO

Citations

• 2025 OK 9

Syllabus

¶0 When Plaintiff/Appellee Kelly Patrick Donaldson was convicted of second degree rape and became subject to the Sex Offenders Registration Act (SORA) in 2005, SORA did not prohibit sex offenders from residing near parks. The Oklahoma Legislature subsequently amended 57 O.S., § 590 to prohibit sex offenders from residing within 2,000 feet of a city park. Defendant/Appellant City of El Reno appeals from the trial court's entry of a declaratory judgment that applying the current residency restrictions in 57 O.S.Supp.2019, § 590 (A) to Donaldson violates the ex post facto clause of the federal and state constitutions and that the version of SORA in effect on the date of his conviction applies. We hold that the residency restrictions do not amount to punishment; therefore, applying the current residency restrictions to Donaldson does not violate the ex post facto clause.