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That would refer to an "Ex Post Facto Law" and it's application would be unconstitutional under the changed circumstances. The individual would still be subject to the penalty under the old statute.

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14y ago
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14y ago

That is called a retroactive law or an "ex post facto" law. Generally speaking, they are improper unless it is a procedural change or falls into another exception. For example of an exception, felons are not allowed to possess firearms. If the definition of a firearm becomes broader, then it applies ex post facto to all felons, not just people who became felons after the law changed.

Alex Peloquin
Fluet and Huber Law

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Q: What is a law changing the penalty for a crime applied after a person has been convicted of the crime called?
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