People v. McDonald

Summary

The New York Appellate Division, First Department unanimously affirmed an order adjudicating Tara McDonald a level one sex offender under the Sex Offender Registration Act. The court rejected her as-applied substantive due process challenge, concluding that her repeated attempts to remove infants from caregivers carried a risk of sexual harm despite the absence of a sexual component to her conduct, motive, or mental illness.

Holdings

1. The as-applied substantive due process challenge was unavailing because defendant's repeated attempts to take infants from their caregivers carried a risk of sexual harm to the children, even though her conduct, motive, and mental illness had no sexual component.

Questions Presented

1. Whether requiring defendant to register as a sex offender under the Sex Offender Registration Act violated substantive due process as applied to her circumstances.

Disposition

affirmed