Not knowing you have to register something or not having the mental capacity to understand how to register is not a defense to a registration violation according to the Supreme Court of Kansas.
A person required to register in Kansas was convicted of a failure to register offense. He was required to report quarterly, every May, August, November, and February, plus changes.On September 18, he went in to report a change of phone number. He went in again on October 9 to report an address change. But he failed to show up for his registration appointment in November, instead coming in again on December 15th to register. He was arrested for missing the November registration.
The court held that registration is a strict liability offense and there is no intent or mens rea requirement. You can read the opinion here: https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/121014_1.pdf
This is all a disgusting mess and I can’t believe the 2022 mindset is that it seems to wanna purge this particular society of the “unwanteds’.” Was that COVID’s real purpose? Makes you think.. Florida law is particularly disgusting, with the law mandating a scarlet letter, and allowing a registrant to become a “human target” in the hands of healthcare professionals. I do believe a random person in American society would much rather choose to live next to me rather than a convicted murderer or a felon whose been prone to violence on strangers … unbelievable
I’ll post the same comment here as I did on the ASCOL site….Kansas needs to get on board with Michigan’s 6th Circuit ruling that states a registered person cannot be charged for unintentionally violating a sora rule.
Is this ruling being challenged further ,or is this the end of it?
This is a clear example that even people with a law education must have missed the class on ‘common sense’.
Capt
I know some people live a hectic and busy life, but registration is something you should be OBESSIVE about. I have a huge wall calendar with registration months I highlight in red. I also put a reminder in my dumb phone (Cannot afford a smart one) and the day before I put a huge piece of paper with a reminder on the floor so I have to step over it, and one on my inside front door so I have to see it. No excuse unless you are in the hospital to not register.
In Florida they give you and entire month to do it. And there are usually no leeway, you do not register you go bye,bye,bye like NSYNC.
The ruling starts off with a proven false assumption that the registry and it’s many different regulations is in the interest of public safety . When it has been proven through studies time and again that that is a false assumption.
Why was that not challenged in this proceeding ? Why did it take 5 years to make a ruling here? We’re the attorneys here knowledgeable at all on the subject at hand? It appears they were not. Was it a court appointed attorney?
I forgot to add, there is really no other way to look at the registry’s consequences other than probation. Anyone who thinks otherwise either has their head in the sand, doesn’t care or needs to live 90 days in our shoes and see the truth. They say the truth will set you free, but honesty often sends you to prison, the opposite of freedom.
#1 A trap/setup
#2 Punishment
#3 Punitive
#4 Retroactive
#5 Applied as law enforcement sees fit under their broad interpretations.
#6 Built in trips to cause you to be arrested and sentenced to more time than you got for an actual sex offense.
#7 I got all day but feel free to add to the list of “Who would-ah thoughts”.