Powell v. Keel

Syllabus

This appeal arises from the circuit court's grant of summary judgment in favor of Dennis Powell, Jr. (\Respondent\) on his claims challenging the internet publication and lifetime duration of his mandated registration as a sex offender under the South Carolina Sex Offender Registry Act (\SORA\), S.C. Code Ann. §§ 23-3-400 to -555 (2007 & Supp. 2020). The circuit court held SORA's lifetime registration requirement is punitive under the Eighth Amendment and violates Respondent's rights to due process and equal protection. The court also determined SORA does not permit publication of the State's sex offender registry on the internet. Mark Keel, Chief of the State Law Enforcement Division (\SLED\), and the State of South Carolina (collectively, \Appellants\) appeal the circuit court's decision. We hold SORA's lifetime registration requirement is unconstitutional absent any opportunity for judicial review to assess the risk of re-offending. We further hold subsection 23-3-490(E) permits dissemination of the State's sex offender registry information on the internet. Accordingly, we affirm as modified in part and reverse in part.