November 9, 2012

Convicted sex offender says she should not have to register as such

The Express-Star

CHICKASHA — On April 6, 2005, Elisa Dawn Nielson a former child support case worker and Chickasha resident, entered into a blind plea and was convicted of lewd molestation and was sentenced to 20 years in prison with all but the first 10 years suspended, and now she is asking the courts to declare that she is wrongfully required to register as a sex offender.

According to a recent Petition for Temoray and Permanent Injunction, Temporary Restraining Order, and Declaratory Relief document filed in the District Court of Oklahoma County her attorney states that at the time of her plea she was required to register under the Oklahoma Sex Offender Registration Act for not more than ten years.

If this is correct her required registration time would end on September 6, 2016.

The document said she received a notice in Nov. 2007 from the Department of Corrections regarding newly passed amendments to the Sex Offender Registration Act which the DOC intended to apply retroactively. The new law would require her to register every 90 days for a lifetime. Additionally she would be required to have the sex offender designation on her drivers license.

She argues the law came into effect after her plea and should not be applied retroactively to her case.