New Mexico Supreme Court

Montoya v. Driggers

February 27, 20142014 NMSC 9

Summary

The New Mexico Supreme Court affirmed that Freddie Montoya must continue to register as a sex offender under SORNA despite the vacatur of his criminal sexual penetration conviction. The Court held that a vacated conviction remains a conviction for SORNA purposes and that registration is a civil, non‑punitive requirement. The decision rests on statutory interpretation and the legislature’s intent to protect the public.