Court of Appeals: Div. I – Homeless Sex Offenders: Register, register, register
Clarence Bennett, Jr. was convicted of a sex offense in 1991. As a condition of his sentence, he was required to register with the county sheriff. He did register, listing his father’s address, but didn’t actually stay there most of the time.
The Court of Appeals determined that the jury instruction, which required the jury to find that Mr. Bennet knowingly failed to register, was proper.
The Court of Appeals also determined that the DNA collection fee was not an ex post facto law, as previously determined in State v. Brewster, 218 P.3d 249 (2009). The Court of Appeals did, however, remand the case case to have an HIV testing requirement stricken from the sentence because there was not statutory authority for such an order.
Note to sex offenders: Register, register, register. Even if you have been rehabilitated and aren’t committing sex crimes anymore, it is still a crime not to register. Even if you are homeless, you must register. If you move, you must re-register.