Brief of the National Association of Criminal Defense Lawyers, Criminal Defense Attorneys of Michigan, and National Association for Public Defender as Amici Curiae Supporting Affirmance.
Argument: Due process bars the state from prosecuting a person for otherwise-innocent conduct—including convicted persons' failure to register their presence with law enforcement—without proof of wrongful intent. SORA criminalizes conduct that is ordinarily innocent, and even law enforcement officials disagree on what otherwise-innocent conduct SORA makes criminal. Notice provisions do not replace the due process requirement of proving wrongful intent. Prosecutorial discretion adds to SORA's due process problems.