State v. Anderson

188 P.3d 38, 40 Kan. App. 2d 69, 2008 Kan. App. LEXIS 116
CourtCourt of Appeals of Kansas
DecidedJuly 25, 2008
Docket98,611
StatusPublished
Cited by10 cases

This text of 188 P.3d 38 (State v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Anderson, 188 P.3d 38, 40 Kan. App. 2d 69, 2008 Kan. App. LEXIS 116 (kanctapp 2008).

Opinions

Leben, J.;

A familiar rule tells us that ignorance of the law is no excuse. So when the legislature criminalizes something, we may be prosecuted for it even though we didn’t know it was illegal. But what happens if the legislature instructs someone to tell us about it? Can we be prosecuted if the person who was supposed to tell us slips up?

That’s the essential question in this case. The State charged Calvin Anderson with violating the Kansas Offender Registration Act because he failed to report to his local sheriff in January 2007, and the law required him to report to the sheriff during the month of his birthday. See K.S.A. 2006 Supp. 22-4904(d). The statute also required that the local sheriff explain the registration procedure and then have each registrant sign an acknowledgment form. But when Anderson registered with the Saline County Sheriff in July 2006, the sheriff did not have him sign the acknowledgment and allegedly did not explain that he had to report again in January.

After hearing evidence, the district court decided that the sheriff s office had not provided Anderson with appropriate information and dismissed the criminal charge against him for failing to report. [70]*70On appeal, we must interpret the relevant statutes. Though we certainly consider the district court’s conclusions, we are required to review the statutes independently, without any required deference to the district court’s interpretation of them. See Edwards v. Anderson Engineering, Inc., 284 Kan. 892, Syl. ¶ 6, 166 P.3d 1047 (2007).

Under K.S.A. 2006 Supp. 22-4904(a)(5), a sheriff has a long list of duties that he or she “shall” do for those who are required to register. Among other responsibilities, a sheriff must “[e]xplain the duty to register and the procedure for registration” and require that the person sign a registration form stating that the sheriff had explained these requirements. But the statute does not even hint that a sheriff s duties to explain the registration process could be linked to the registrant’s potential criminal liability for violating the Act.

Anderson knew that he was required to register as a sex offender; he successfully registered and reported as required from October 1999 until January 2007. In January 2007, a sex offender was required to register with the local sheriff within 10 days of moving to the county, K.S.A. 2006 Supp. 22-4904(a)(1), and was required to report to the sheriff twice per year, once in the month of the person’s birthday and once 6 months later. K.S.A. 2006 Supp. 22-4904(d). (The statute has since been changed to require offenders to report three times per year, see K.S.A. 22-4904[c], but we are concerned with the Act as it existed in January 2007.) A person who is required to report who violates “any of the provisions” of the Kansas Offender Registration Act is guilty of a person felony. K.S.A. 2006 Supp. 22-4903.

The legislature established specific rules for offenders and penalties for those who did not follow them; it did not intend the existence of those criminal penalties to be conditional on a sheriffs performance of his or her own duties under that Act. K.S.A. 2006 Supp. 22-4903 certainly has no language that could even be read as conditional: “Any person who is required to register . . . who violates any of the provisions of [the Act] ... is guilty of a severity level 5, person felony.” Nor is K.S.A. 2006 Supp. 22-4904(d) conditional: “Any person who is required to register . . . shall report [71]*71in person each year during the month of the person s birthday and during the sixth month following the person’s birthday to the sheriffs office in the county in which the person resides or is otherwise located.” Both of these provisions are quite straightforward: A person covered by the Act must report every 6 months and is guilty of a felony if he or she violates any provision of the Act.

These straightforward provisions are interpreted in light of a baseline rule that “[i]gnorance of the law is no excuse.” State ex rel. Murray v. Palmgren, 231 Kan. 524, 536, 646 P.2d 1091 (1982). The legislature and the public are well aware of this rule; Kansas law has applied it since 1882, at least. See School Dist. No. 25 v. State, 29 Kan. 57, 67 (1882) (recognizing the legal maxim that “ Ignorance of law excuses no one’ ”). A sex offender does not ever get a free pass because a sheriff failed to tell the offender about die Act’s provisions.

While ignorance is no excuse, the State also argued that the sheriff wasn’t obligated to tell Anderson of his duty to report during the month of his birthday. The State based this claim on two points. First, the duty to report is found in subsection (d) of K.S.A. 2006 Supp. 22-4904. But the sheriffs duty to tell offenders about the law is found in subsection (a)(5), which mentions registration duties and not reporting duties. In addition, the offender’s reporting requirements of subsection (d) are not part of the sheriff s mandated disclosure because subsection (a)(5) limits the sheriffs duty to explaining the “requirements provided in this subsection.” (Emphasis added.) Second, Anderson was reregistering in Saline County, since he had lived — and registered — there previously. The State also contends that the sheriff s disclosure duties only arise the first time an offender registers in the county.

But we find that it’s not necessary to parse the statute in the ways that the State suggested in order to resolve this case. Regardless of the sheriff s duty under this statute, a sheriff s slip-up in fulfilling those duties does not reheve a sex offender from the obligation to comply with the Act or from the penalties for failing to do so.

We note, too, that other features of the Act suggest this result and make it an equitable one. The legislature has also mandated [72]*72that sex offenders must be told in detail about the Act’s requirements upon their release from prison or from probation. See K.S.A. 2006 Supp. 22-4905(a) and (b). If one were to read all of the provisions requiring that the sheriff, probation officers, the court, or prison officials notify offenders about the Act as conditions precedent to criminal liability, the failure of any of these notification methods would reheve an offender from the criminal penalties for violating the Act. Again, we don’t perceive any language in the Act intending that result.

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State v. Woodward
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State v. Anderson
188 P.3d 38 (Court of Appeals of Kansas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
188 P.3d 38, 40 Kan. App. 2d 69, 2008 Kan. App. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anderson-kanctapp-2008.