United States v. Crowder
2011 U.S. App. LEXIS 18018
| 9th Cir. | 2011Background
- Crowder was convicted of child molestation in Washington in 2007 and sentenced to prison plus community custody.
- He was informed by judgment that he must register as a sex offender in Washington and update if he moved, including notifying the county sheriff.
- After release in 2008, Crowder registered in Washington and later changed his address.
- In 2009 Crowder moved to Montana without notifying either state and was arrested in Bozeman.
- A federal indictment charged him with violating 18 U.S.C. § 2250(a) for failing to register or update a registration after interstate travel.
- Crowder argued he could not be convicted unless the government proved he knew SORNA required registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether knowledge under § 2250(a)(3) requires knowing SORNA registration is required. | Crowder | Crowder | Knowledge only of the facts constituting the offense is required |
| Whether interpreting 'knowingly' to require knowledge of the law would criminalize innocent conduct. | Crowder | Crowder | No; interpreting to require knowledge of the law would be overbroad |
| Whether a sex offender's knowledge of state registration requirements suffices for § 2250 conviction. | Crowder | Crowder | Yes; knowledge of the facts constituting the offense suffices, including state registration duties |
| Whether lack of notice about federal SORNA requirements defeats conviction. | Crowder | Crowder | Notice is not required for § 2250 conviction |
Key Cases Cited
- Flores-Figueroa v. United States, 556 U.S. 646 (2009) (knowingly applies to facts constituting the offense, not the law)
- Liparota v. United States, 471 U.S. 419 (1985) (knowingly should not criminalize innocent conduct; public welfare considerations)
- X-Citement Video, Inc. v. United States, 513 U.S. 64 (1994) (knowingly must relate to the crime's elements, not just conduct)
- Bryan v. United States, 524 U.S. 184 (1998) (knowledge of the facts constituting the offense suffices absent law knowledge)
- United States v. Pasillas-Gaytan, 192 F.3d 864 (9th Cir.1999) (knowledge of the facts that make conduct illegal standard)
- United States v. Taylor, 239 F.3d 994 (9th Cir.2001) (transportation jurisprudence supporting 'knowingly' applying to conduct, not law)
- United States v. Baccam, 562 F.3d 1197 (8th Cir.2009) (rejected requirement to prove knowledge of federal register requirement in similar context)