Rainer v. State

690 S.E.2d 827, 286 Ga. 675, 2010 Fulton County D. Rep. 762, 2010 Ga. LEXIS 229
CourtSupreme Court of Georgia
DecidedMarch 15, 2010
DocketS09A1900
StatusPublished
Cited by30 cases

This text of 690 S.E.2d 827 (Rainer v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rainer v. State, 690 S.E.2d 827, 286 Ga. 675, 2010 Fulton County D. Rep. 762, 2010 Ga. LEXIS 229 (Ga. 2010).

Opinions

Melton, Justice.

After being convicted of robbery and false imprisonment of a minor in July 2001, and being released from prison in 2006, Jake Rainer was required to register as a sexual offender pursuant to OCGA § 42-1-12.1 On December 17, 2008, Rainer filed a declaratory action in the Superior Court of Fulton County, claiming that OCGA § 42-1-12 was unconstitutional as applied to him. The State moved to dismiss the complaint, and the trial court granted the State’s motion to dismiss, finding that OCGA § 42-1-12 is constitutional. Rainer appeals from this ruling, arguing that, because the offenses for which he was convicted were not “sexual” in nature, requiring him to register as a “sexual offender” constituted cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution, and arguing that OCGA § 42-1-12 violates substantive due process in that it is unconstitutionally over-inclusive. For the reasons that follow, we affirm.

1. With respect to Rainer’s claim that the registration requirement constitutes cruel and unusual punishment, the United States Supreme Court and this Court have made clear that sexual offender registry requirements such as those contained in OCGA § 42-1-12 [676]*676are regulatory, and not punitive, in nature. Smith v. Doe, 538 U. S. 84, 93 (II) (123 SC 1140, 155 LE2d 164) (2003) (Alaska’s sexual offender registration statute served a legitimate nonpunitive governmental objective and did not impose “retroactive punishment forbidden by the Ex Post Facto Clause” of the United States Constitution.). See also Frazier v. State, 284 Ga. 638, 640 (1) (668 SE2d 646) (2008) (“The fact that [a defendant’s] prior conviction subjects him to possible [future] punishment [for failing to register] under OCGA § 42-1-[12] does not somehow convert the statute into an unconstitutional ex post facto law as applied to [him].”) (citations and punctuation omitted; emphasis supplied). In light of this determination that such registry requirements are

not punitive, it follows that the [registry requirement under Georgia] law is not a “cruel and unusual punishment” in violation of the Eighth Amendment. See Smith v. Doe, [supra,] 538 U. S. at 97 (explaining that factors used in determining whether law is punishment for ex post facto purposes “have their earlier origins in cases under the Sixth and Eighth Amendments”).

Doe v. Miller, 405 F3d 700, 723 (V), n. 6 (8th Cir. 2005).

Rainer’s argument to the contrary is without merit. Specifically, because the registration requirements themselves do not constitute punishment, it is of no consequence whether or not one has committed an offense that is “sexual” in nature before being required to register. See Smith v. Doe, supra, 538 U. S. at 99 (II) (B) (registration as a “sexual offender” does not constitute “punishment,” as the purpose of providing notice to the public about one who has committed a crime requiring registration is “to inform the public for its own safety, not to humiliate the offender”). The nature of the offense requiring the registration would not somehow change the registration requirements themselves into a form of “punishment” for purposes of an Eighth Amendment cruel and unusual punishment analysis. See Frazier, supra, 284 Ga. at 639 (1) (“the fact that a violation of the registration requirements leads to a harsh penalty is not pertinent to whether the registration requirements are additional punishment for the previously-committed [crime]”) (citation and punctuation omitted).

2. Rainer contends that OCGA § 42-1-12 is unconstitutionally over-inclusive because it requires him to register as a sexual offender even though the offense that he committed against a minor did not [677]*677involve sexual activity. In evaluating this claim, we must bear in mind that

[w]hen a fundamental right is allegedly infringed by government action, substantive due process requires that the infringement be narrowly tailored to serve a compelling state interest. Where, however, it is not a fundamental right that is infringed and the person complaining is not a member of a suspect class, the government action is examined under the rational basis test, the least rigorous level of constitutional scrutiny.

(Citations and punctuation omitted.) State of Ga. v. Old South Amusements, 275 Ga. 274, 277 (2) (564 SE2d 710) (2002).

Here, there is no contention that Rainer is a member of a suspect class, and Rainer has no fundamental right, as one who has falsely imprisoned a minor and who is not the child’s parent, to avoid the registration requirements of OCGA § 42-1-12. See Washington v. Glucksberg, 521 U. S. 702, 720 (II) (117 SC 2258, 138 LE2d 772) (1997) (“Liberty” specially protected by the Due Process Clause includes, among other fundamental rights, the right to marry, to have children, to direct the education and upbringing of one’s children, and the right to marital privacy, and the United States Supreme Court has “always been reluctant to expand the concept of substantive due process because guideposts for responsible decision-making in this unchartered area are scarce and open-ended.”) (citation and punctuation omitted). Thus, the statute at issue here will be “examined under the rational basis test, the least rigorous level of constitutional scrutiny.” Old South Amusements, supra, 275 Ga. at 277 (2).

Under this test,

the means adopted by [the government] need only be reasonable in relation to the goal they seek to achieve. Only if the means adopted, or the resultant classifications, are irrelevant to the [government’s] reasonable objective, or altogether arbitrary, does the [statute involved] offend due process.

(Citations and punctuation omitted.) Old South Amusements, supra, 275 Ga. at 278 (2). See also Nichols v. Gross, 282 Ga. 811, 813 (653 SE2d 747) (2007) (under rational basis test with respect to equal protection challenge, “the court will uphold the statute if, under any conceivable set of facts, the classification bears a rational relation[678]*678ship to a legitimate end of government not prohibited by the constitution”) (citation and punctuation omitted).

Here, it is rational to conclude that requiring those who falsely imprison minors who are not the child’s parent to register pursuant to OCGA § 42-1-12

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Bluebook (online)
690 S.E.2d 827, 286 Ga. 675, 2010 Fulton County D. Rep. 762, 2010 Ga. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainer-v-state-ga-2010.