In Re CPW

213 P.3d 413
CourtSupreme Court of Kansas
DecidedJuly 24, 2009
Docket101,017
StatusPublished

This text of 213 P.3d 413 (In Re CPW) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re CPW, 213 P.3d 413 (kan 2009).

Opinion

213 P.3d 413 (2009)

In the Matter of C.P.W.

No. 101,017.

Supreme Court of Kansas.

July 24, 2009.

*414 Joe Shepack, county attorney, argued the cause, and Steve Six, attorney general, was with him on the brief for appellant.

No appearance by the appellee.

The opinion of the court was delivered by LUCKERT, J:

This appeal raises the question of whether the State must prove that a sex offender acted with specific intent in failing to comply with provisions of the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq. We hold that K.S.A. 22-4903, which subjects to criminal liability "[a]ny person who is required to register as provided in the Kansas offender registration act who violates any of the provisions of such act," does not identify or require a particular intent beyond the general intent required by K.S.A. 21-3201 for all crimes. Consequently, specific intent is not necessary for there to be an offense committed under K.S.A. 22-4903.

This question reaches this court on a question reserved by the prosecution under K.S.A. 22-3602(b)(3) after the district court acquitted juvenile offender C.P.W. of an alleged violation of the reporting requirements of K.S.A. 22-4904. The appeal was transferred to this court on its own motion pursuant to K.S.A. 20-3018(c).

More specifically, C.P.W. was charged with failing to report in person to the office of the *415 Ellsworth County Sheriff to have his photograph taken during the month of his birthday, as required by K.S.A.2006 Supp. 22-4904(d) and (e) of the KORA. The case came before the district court for a bench trial on the parties' stipulated facts. In its journal entry, the district court adopted the following findings of fact proposed by the State:

"1) It is undisputed that the Respondent, [C.P.W.], was a resident of Ellsworth County, Kansas, at all times relevant to this case.
"2) It is also undisputed that [C.P.W.] was convicted of a violation of K.S.A. 21-3511, to wit, aggravated indecent solicitation of a child under age 14 and, thus, required to register under the Kansas Sex Offender Registration Act, found at K.S.A. 22-4901 et seq.
"3) It is uncontroverted that the Respondent was complying with sex offender registration requirements until November of 2006. During that month, which was the month of the Respondent's birth, the Respondent did not appear at the Ellsworth County Sheriff's Office to have his picture taken, fill out a form, and pay his $20.00 fee.
"4) Notwithstanding Respondent's `no show' in November of 2006, the Respondent did appear at the Sheriff's Office and comply in May of 2007 (which would be the 6th month after his birth month, as required by K.S.A. [2006 Supp.] 22-4904[d]).
"5) Respondent first became liable to register as a sex offender upon his conviction and sentence in Ellsworth County Case No. 2005-JV-02 in March of 2005. At that time, sex offenders were required to register via written reports with the Kansas Bureau of Investigation at the Topeka office of the KBI. The Kansas Legislature added more constraints or burdens to the sex offender registration process by requiring sex offenders, as of July 1, 2006, to register in person with the Sheriff's Office in the county in which they reside. Such registration was to take place in the birth month of the sex offender (which would be November for purposes of this case) and in the 6th month following the birth month. Registration with the local Sheriff's Office included the Respondent appearing in person, filling out a form, paying a $20.00 registration fee, and having his or her picture taken.
"6) The change in the law which took effect July 1, 2006, was promulgated in the 2006 Kansas Session Laws, at Chapter 214, Section 7 and in the Kansas Register on June 1, 2006, at Volume 25, No. 22. Also, the Kansas Bureau of Investigation sent notice of the new registration requirement, which took effect July 1, 2006, to all registered offenders. A copy of the KBI notice [was] attached to the [parties'] Stipulated Facts. . . . Such mailing was sent by means of 1st Class Mail, but not certified and/or certified restricted mail. It is undisputed that a Court Services Officer, Jonathan Dahlke, represented to the Respondent that his registration was in order and that he need not register with the Sheriff's Office."

The district court then focused on the lack of mens rea on the part of C.P.W., concluding:

"[T]his is a specific intent crime and the Respondent had no specific intent to violate the law as charged in the Complaint. The Court finds that the Respondent is not guilty and enters a judgment of acquittal herein."

The State appealed on a question reserved. Because C.P.W. was acquitted of the reporting charge, his guilt or innocence is no longer at issue.

State's Appeal

As a preliminary matter, we must first determine whether to accept the State's appeal on a question reserved.

Recently, this court in State v. Skolaut, 286 Kan. 219, 182 P.3d 1231 (2008), reiterated the rule that appellate courts will accept appeals of questions reserved when the issues are "`matters of statewide interest important to the correct and uniform administration of the criminal law and the interpretation of statutes,'" but will not consider cases in which the "`resolution of the question would not provide helpful precedent.'" 286 Kan. at 224-25, 182 P.3d 1231 (quoting *416 State v. Tremble, 279 Kan. 391, 394, 109 P.3d 1188 [2005]); see also, e.g., State v. Mountjoy, 257 Kan. 163, 168, 891 P.2d 376 (1995) ("We have uniformly declined to entertain questions reserved, the resolution of which would not provide helpful precedent."); State v. Leonard, 248 Kan. 427, 433, 807 P.2d 81 (1991) ("Resolution of this issue [on a question reserved] will not provide a helpful precedent; therefore, we do not entertain it.").

We conclude the standard for considering a question reserved is met by this appeal.

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State v. Kirtdoll
478 P.2d 188 (Supreme Court of Kansas, 1970)
State v. Leonard
807 P.2d 81 (Supreme Court of Kansas, 1991)
State v. Tremble
109 P.3d 1188 (Supreme Court of Kansas, 2005)
State v. Skolaut
182 P.3d 1231 (Supreme Court of Kansas, 2008)
State v. Schoonover
133 P.3d 48 (Supreme Court of Kansas, 2006)
State v. Cook
187 P.3d 1283 (Supreme Court of Kansas, 2008)
State v. Burden
69 P.3d 1120 (Supreme Court of Kansas, 2003)
State v. Meinert
67 P.3d 850 (Court of Appeals of Kansas, 2003)
State v. Richardson
209 P.3d 696 (Supreme Court of Kansas, 2009)
In re C.P.W.
213 P.3d 413 (Supreme Court of Kansas, 2009)

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Bluebook (online)
213 P.3d 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cpw-kan-2009.