287 P.3d 875
Kan.2012Background
- LeClair registered as a sex offender in Saline County, Kansas on April 4, 2007.
- He left Salina on June 1, 2007 and hitchhiked through the Southwest for about three weeks.
- During June he emailed notice stating he would not be returning to Kansas.
- He settled in Las Vegas, Nevada, and rented an apartment on June 30, 2007.
- LeClair registered with Las Vegas police on July 9, 2007; Nevada notified Saline County on March 12, 2008.
- He was charged in October 2007 with five counts for failing to register; he was convicted on Count 1 and acquitted on Counts 2–5; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of 22-4904(b) as to change of residence | LeClair: no new habitation, no duty to register | State: broad residence definition applies due to bodily presence | Residence requires new habitation with intent to remain; no change found during June 1–11, 2007 |
| Sufficiency of evidence to support Count 1 | LeClair did not change address; no registration duty | Statutory language supports a duty to register upon changing residence | Evidence insufficient; conviction reversed |
Key Cases Cited
- State v. McWilliams, 295 Kan. 92 (2012) (sufficiency review standard: rational factfinder could convict beyond reasonable doubt)
- State v. Nambo, 295 Kan. 1 (2012) (statutory interpretation governed by language, not lower court rulings)
- Estate of Schoof v. Schoof, 193 Kan. 611 (1964) (residence requires habitation and intent to return)
- State v. Fredrick, 292 Kan. 169 (2011) (statutory construction cannot be used to satisfy overall legislative purpose)
- State v. Hendrix, 289 Kan. 859 (2009) (interpretation of legislative intent from words used)