Smith v. Doe, 538 U.S. 84, 28 (2003)

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92

SMITH v. DOE

Opinion of the Court

regulatory scheme; but, in disagreement with the District Court, it held the effects of the Act were punitive despite the legislature's intent. In consequence, it held the Act violates the Ex Post Facto Clause. Doe I v. Otte, 259 F. 3d 979 (2001). We granted certiorari. 534 U. S. 1126 (2002).

II

This is the first time we have considered a claim that a sex offender registration and notification law constitutes retroactive punishment forbidden by the Ex Post Facto Clause. The framework for our inquiry, however, is well established. We must "ascertain whether the legislature meant the statute to establish 'civil' proceedings." Kansas v. Hendricks, 521 U. S. 346, 361 (1997). If the intention of the legislature was to impose punishment, that ends the inquiry. If, however, the intention was to enact a regulatory scheme that is civil and nonpunitive, we must further examine whether the statutory scheme is " 'so punitive either in purpose or effect as to negate [the State's] intention' to deem it 'civil.' " Ibid. (quoting United States v. Ward, 448 U. S. 242, 248-249 (1980)). Because we "ordinarily defer to the legislature's stated intent," Hendricks, supra, at 361, " 'only the clearest proof' will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty," Hudson v. United States, 522 U. S. 93, 100 (1997) (quoting Ward, supra, at 249); see also Hendricks, supra, at 361; United States v. Ursery, 518 U. S. 267, 290 (1996); United States v. One Assortment of 89 Firearms, 465 U. S. 354, 365 (1984).

A

Whether a statutory scheme is civil or criminal "is first of all a question of statutory construction." Hendricks, supra, at 361 (internal quotation marks omitted); see also Hudson, supra, at 99. We consider the statute's text and its structure to determine the legislative objective. Flemming v. Nestor, 363 U. S. 603, 617 (1960). A conclusion that the leg-

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