Stogner v. California, 539 U.S. 607, 26 (2003)

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632

STOGNER v. CALIFORNIA

Opinion of the Court

analogous civil context. Chase Securities Corp. v. Donaldson, 325 U. S. 304, 312, n. 8, 315-316 (1945) (acknowledging that extension of even an expired civil limitations period can unconstitutionally infringe upon a "vested right"); William Danzer & Co. v. Gulf & Ship Island R. Co., 268 U. S. 633, 637 (1925) (holding the same). But see post, at 638, 653. It is difficult to believe that the Constitution grants greater protection from unfair retroactivity to property than to human liberty.

As to the dissent's third argument, we agree that the State's interest in prosecuting child abuse cases is an important one. But there is also a predominating constitutional interest in forbidding the State to revive a long-forbidden prosecution. And to hold that such a law is ex post facto does not prevent the State from extending time limits for the prosecution of future offenses, or for prosecutions not yet time barred.

In sum, California's law subjects an individual such as Stogner to prosecution long after the State has, in effect, granted an amnesty, telling him that he is "at liberty to return to his country . . . and that from henceforth he may cease to preserve the proofs of his innocence," Wharton, Criminal Pleading and Practice § 316, at 210. See also Moore, 43 N. J. L., at 223-224. It retroactively withdraws a complete defense to prosecution after it has already attached, and it does so in a manner that allows the State to withdraw this defense at will and with respect to individuals already identified. See supra, at 611. "Unfair" seems to us a fair characterization.

IV

The statute before us is unfairly retroactive as applied to Stogner. A long line of judicial authority supports characterization of this law as ex post facto. For the reasons stated, we believe the law falls within Justice Chase's second category of ex post facto laws. We conclude that a law enacted after expiration of a previously applicable limita-

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