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State v. Yeoman

July 26, 2010

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
RICHARD T. YEOMAN, DEFENDANT-APPELLANT.



Appeal from the District Court of the First Judicial District of the State of Idaho, in and for Kootenai County. The Hon. Lansing L. Haynes, District Judge.

The opinion of the court was delivered by: Eismann, Chief Justice

2010 Opinion No. 88

The judgment of the district court is affirmed.

This is an appeal from a judgment of conviction for failing to register as a sex offender. Appellant contends that he was not required to register upon moving into this State or, if he was, the registration requirement violated his constitutional right to travel. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

In 1984, Richard T. Yeoman (Defendant) was convicted of rape in Washington and was required to register in that State as a sex offender. In 2007, he moved to Idaho, but did not register as required by Idaho Code § 18-8304(1)(c). On February 22, 2008, the State charged him with the crime of failing to register as a sex offender, a felony. After the district court denied Defendant's motion to dismiss, he pled guilty, reserving his right to appeal the applicability and constitutionality of the statute.

II. ISSUES ON APPEAL

1. Does Idaho Code § 18-8304(1)(c) apply to persons whose conviction for a sex crime occurred before July 1, 1993?

2. Does Idaho Code § 18-8304(1)(c) violate Defendant's constitutional right to travel?

III. ANALYSIS

A. Does Idaho Code § 18-8304(1)(c) Apply to Persons Whose Conviction for a Sex Crime Occurred before July 1, 1993?

In 1998, Idaho enacted the "Sexual Offender Registration Notification and Community Right-to-Know Act," Idaho Code §§ 18-8301 to 18-8326. Ch. 411, § 2, 1998 Idaho Sess. Laws 1275, 1276-90. When adopted, the Act applied to three categories of sex offenders, including any person convicted in Idaho on or after July 1, 1993, of any of the crimes listed in Idaho Code § 18-8304(1)(a). Those crimes consisted of a list of crimes designated by code section and an attempt, solicitation, or conspiracy to commit any of those crimes.

In 2005, the legislature added another category of sex offender who was required to register under the Act. Ch. 233, § 1, 2005 Idaho Sess. Laws 710, 711. Section 18-8304 was amended to apply to any person who was convicted of a crime that was substantially equivalent to the crimes set forth in subsection (1)(a) and who was required to register as a sex offender in another jurisdiction when the person entered Idaho to establish permanent or temporary residence. Idaho Code § 18-8304(1)(c). Defendant pled guilty to violating ...


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