By Philip

Charleston, WV – June 17, 2026 – The National Association for Rational Sexual Offense Laws (NARSOL) has filed a second federal

lawsuit in the Southern District of West Virginia challenging the state law that imposes a $125 annual fee on individuals required to register as sex offenders.

The lawsuit, Basham et al. v. Mitchell, filed on behalf of West Virginia’s 6,450 registrants, argues that the fee, which became effective on January 1, 2026, constitutes an unconstitutional punitive fine rather than a legitimate administrative cost.

The Challenge

Under W. Va. Code Ann. § 15-12-2(o), registrants must pay $125 annually or face property liens, regardless of their ability to pay. The state expects the fee to generate over $800,000 per year.

Where the Money Goes

According to the complaint, none of the collected fees are earmarked for sex offender registration functions. Instead, the funds will:

• first support mental health counselors, seminars, and training for current and former West Virginia state police employees—whether or not they work with the registry;
• then fund any other expenses “essential to the general operations of the State Police.”

The complaint emphasizes that no fees will be used for “sex offender notification, registration, verification, or compliance.”

Constitutional Claims

The complaint, filed under 42 U.S.C. § 1983, raises an Ex Post Facto constitutional claim.

Ex Post Facto Clause (U.S. Constitution, Article I, Section 10)

• Unlike the earlier Kaso v. Mitchell case, this lawsuit does not assert claims under the Eighth Amendment, the Due Process Clause, or the Equal Protection Clause. Instead, it focuses exclusively on the Ex Post Facto Clause.
• Plaintiffs argue that the annual fee constitutes a retroactive punishment because it was enacted in 2025 and later amended in 2026, long after their convictions and sentences became final.
• The complaint contends that the fee is not a genuine regulatory fee but rather a punitive fine because:
  • It is imposed solely because of a past criminal conviction;
  • It can be imposed annually, often for life;
  • Nonpayment triggers a judgment lien against the registrant’s property;
  • Revenue is used for state police mental health programs and general operations rather than registry administration.
• Plaintiffs further argue that the statute fails the punitive-effects analysis described in Smith v. Doe and Mendoza-Martinez, asserting that it resembles punishment in purpose and effect.

About NARSOL & WVRSOL

The National Association for Rational Sexual Offense Laws is a civil rights organization dedicated to promoting evidence-based policies and constitutional protections for individuals affected by sex offense laws.

West Virginians for Rational Sexual Offense Laws is NARSOL’s West Virginia state affiliate that advocates for registered citizens in West Virginia. We are working to make the 2020s ​a decade known for criminal justice reform, rational sexual offense laws, and restorative justice.

The post NARSOL & WVRSOL File Second Federal Lawsuit Challenging West Virginia’s $125 Annual Registry Fee first appeared on NARSOL.

Charleston, WV – March 13, 2026 – The National Association for Rational Sexual Offense Laws (NARSOL) has filed a federal lawsuit in the Southern District of West Virginia challenging  West Virginia’s registry law that requires individuals on the State’s sex offense registry to disclose all internet accounts and online identifiers to law enforcement.

The class action lawsuit, Does et al. v Mitchell, filed on behalf of West Virginia’s 6,679 registrants, argues that the law imposes sweepingly overbroad reporting obligations that chill lawful online speech and undermine the constitutional First Amendment right to anonymous expression on the internet.

The complaint further argues that the statute is unconstitutionally vague because it does not define what constitutes an “internet account,” leaving individuals and law enforcement uncertain about what must be reported and exposing them to criminal penalties.

Under W. Va. Code § 15-12-2(d)(8), registrants must provide information relating to “any internet accounts” they possess, including screen names, usernames, and aliases. Additionally, registrants must report any new, removed, or changed internet accounts in person within ten (10) business days.

Failure to disclose the information can result in a felony conviction carrying a mandatory prison sentence of one to five years for a first offense.

The plaintiffs ask the Court to declare the internet ID requirement unconstitutional and issue an injunction prohibiting enforcement of the law.

The class action suit, represented by three West Virginia registrants, is partially funded by WVRSOL, NARSOL’s West Virginia state affiliate.

NARSOL will provide updates as the case progresses.

The National Association for Rational Sexual Offense Laws is a civil rights organization dedicated to promoting evidence-based policies and constitutional protections for individuals affected by sex offense laws.

Note to media: Court documents and supporting materials available upon request.

The post NARSOL Files Federal Lawsuit Challenging West Virginia’s Internet ID Requirement first appeared on NARSOL.

FOR IMMEDIATE RELEASE

Contact:
communications@narsol.org

Charleston, WV – October 15, 2025 – The National Association for Rational Sexual Offense Laws (NARSOL) has filed a federal lawsuit in the Southern District of West Virginia challenging a new state law that imposes a $125 annual fee on individuals required to register as sex offenders.

The class action lawsuit Kaso, et al. v Mitchell, filed on behalf of West Virginia’s 6,450 registrants, argues that the fee—set to take effect January 1, 2026—creates an unconstitutional, punitive fine rather than a legitimate administrative cost.

Under this law, registrants must pay $125 annually or face property liens, regardless of their ability to pay. The state expects the fee to generate over $800,000 per year.

“The statute enacted imposes a fee that does not go towards any registration function, and we contend that is a fine,” stated NARSOL’s staff attorney Larry King, who filed the complaint jointly with a West Virginia attorney.

According to the complaint, none of the collected fees are earmarked for sex offender registration functions. Instead, the funds will:

• first support mental health counselors, seminars, and training for current and former West Virginia State Police employees—whether or not they work with the registry; and
• then fund any other expenses “essential to the general operations of the State Police.”

The complaint emphasizes that no fees will be used for “sex offender notification, registration, verification, or compliance.”

The lawsuit alleges that the annual fee violates:

The Eighth Amendment – by imposing a punitive fine, often for life, that serves no registration purpose;

The Fourteenth Amendment – by requiring payment regardless of ability to pay, violating due process and equal protection.

The class action suit, represented by three West Virginia registrants, is partially funded by WVRSOL, NARSOL’s West Virginia state affiliate. The complaint requests that the Court:

• issue a declaratory judgment declaring the law unconstitutional both on its face and as applied;
• grant an injunction prohibiting enforcement of W. Va. Code Ann. § 15-12-2(o).

The National Association for Rational Sexual Offense Laws (NARSOL) is a civil rights organization dedicated to promoting evidence-based policies and constitutional protections for individuals affected by sex offense laws.

They will provide updates as the case progresses.

Note to editors: Court documents and supporting materials available upon request.

The post NARSOL Files Federal Lawsuit Challenging West Virginia’s $125 Annual Registry Fee first appeared on NARSOL.