In this аppeal we consider how the term “residence” should be defined for purposes of a sex offender registration stаtute, and whether there was sufficient evidence to support appellant’s conviction for violating that statute. We hold that the term “residence” should be given its commonly accepted dictionary definition — a place where one actually and habitually lives, as opposed to a place where one stays temporarily. The trial court decided that “residence” means a permanent or temporary place of abode, and instructed the jury accordingly. Using the dictionary definition, we conclude that the State failed to present sufficient evidence to support a finding that aрpellant had changed his residence. Accordingly, we reverse.
Factual and Procedural Background
Kevin D. Andrews, a Tier I sex offender, is required to register his residence address with the State Bureau of Investigation. Andrews registered his address as being the Georgetown house where he lives with his parеnts. In November 2009, Andrews went to his estranged wife’s home in Bridgeville to collect some of his belongings. Bridgeville Police Officer Aaron Bonniwell escorted Andrews because Andrews had been ordered to have no contact with his wife. Andrews removed three or four laundry baskets of clothes and shoes, as well as hair cutting equipment.
Bonniwell apparently decided that Andrews should have rеgistered his wife’s Bridgeville address, and took Andrews to the police station. Bonniwell contacted Delaware State Poliсe Detective Donna Ol-iphant, who interviewed Andrews. Oli-phant testified that Andrews admitted that he goes “back and forth” between his wifе’s house in Bridgeville and his parents’ house in Georgetown. Oliphant asked Andrews whether he ever stayed at his wife’s house for more thаn three consecutive days, and Andrews said that' “he had.” Oliphant then arrested Andrews for violating 11 Del. C. § 4120(f) by failing to register the Bridgeville address аs his residence.
Discussion
Sex offenders are required to register with the Delaware State Police. They must provide identifying information, such as their Social Security number, age, race, physical description and “current residences.”
The word “residence” is not defined in the Registration of Sexual Offenders sub-chapter of the Delaware Code.
The problem with the trial court’s approach is that it ignorеd the limiting language in § 1112(b). The statute begins, “[f]or purposes of this section, the following definitions shall apply....” The registration statute is in a diffеrent section and a different chapter of the criminal code. Thus, by its own terms, the definition in § 1112(b) does not apply to the registration statute, and the word “residence” must be given its common, or dictionary, definition.
Dictionary definitions of “residence” include аn element of permanence. For example, Merriam Webster’s Collegiate Dictionary defines residence as “thе place where one actually lives as distinguished from one’s domicile or a place of temporary sojourn.”
But nothing in the State’s scant evidence would support a finding that, at the time of his arrest, Andrews had been living at the Bridgeville house on more than a temporary basis. There was no evidence that Andrews had any furniture in the Bridge-ville house; that his name was on the lease; or that he received any mail there. No one asked Andrews whаt going “back and forth” meant, or how recently he had spent three consecutive days in the Bridgeville house.
It appears that the State failed to adduce more evidence because it misread the requirement that an offender reregistеr within three business days of changing residence. The fact that one has three business days to reregister does not mean that one changes his residence anytime he stays in one location for three business days. A person who buys a house, for example, changes his residence on the first day he starts living there. That person would have three business days after the move to reregister. By contrast, a person who stays with his friend for five or six days while waiting for his new house to be painted, has not changed his residencе,
Sex offender statutes in other jurisdictions providе more clarity by defining “reside” or “residence.” For example, Pennsylvania defines “residence” as “[a] location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year.”
Conclusion
Based on the foregoing, the judgment of the Superior Court is REVERSED and this matter is remanded for further action in accordance with this decision. Jurisdiction is not reserved.
Notes
. 11 Del. C. § 4120(d)(2).
. § 4120(f)(1).
. See: 11 Del.C. §§ 4120-4122.
. Duncan v. State,
. Emphasis added.
. Merriam Webster’s Collegiate Dictionary, page 996 (10th Ed. 1993).
. Black’s Law Dictionary, 9th Ed.2009.
. Maddrey v. State,
. 42 PA. CONS. STAT. § 9792 (West, 2011).
. MD. CODE ANN., CRIM. PRO. § 11-701 (West, 2011).
