You need an experienced Boise sex crime attorney to protect your rights. Martens has the experience you need on your side. He has extensive experience in sex crimes defense and a thorough understanding of what it takes to get these charges reduced or dismissed - or to fight for an acquittal.
Protect your rights and reputation. To arrange a free initial consultation with an experienced sex crimes defense lawyer, contact Martens Law Office.
Attorney Jared B. Martens carefully reviews the evidence obtained against clients to determine if the client's rights were violated, or if the police missed any important facts. At Martens Law Office, P. A year-old boyfriend has sex with his year-old girlfriend. When her parents find out, they are livid and go to the police.
It happens all across the country, every day and it can ruin the lives of those charged with statutory rape. If convicted of statutory rape, you must register as a sex offender and undergo psychological evaluations. If you are facing statutory rape charges, the most important thing you can do is steadfastly exercise your right to remain silent.
Whether there is evidence in the record establishing beyond a reasonable doubt that Lee failed to register as a sex offender in violation of I. Whether the remaining issues on appeal should be addressed? When considering a case on review from the Court of Appeals, this Court gives serious consideration to the views of the Court of Appeals, but directly reviews the trial court's decision. State v. Corbus, Idaho , , P.
Mercer, Idaho , , P. Grube, Idaho , , P.
The State contends that the evidence in the record establishes beyond a reasonable doubt that Lee violated I. This argument fails because 1 I. Wybenga, Idaho , , 46 P. Judicial interpretation of a statute begins with an examination of the statute's literal words. Thomson v. City of Lewiston, Idaho , , 50 P.
If the statute is not ambiguous, this Court does not construe it, but simply follows the law as written. Hansen v. State Farm Mut. When Lee moved from his Boise address in , I. The notice shall be on a form provided by the department. Within three 3 working days after receipt of the notice, the sheriff shall forward a copy of the notice to the department.
Idaho Code section 18— was subsequently amended in and Because Lee allegedly violated I.
Idaho has three classifications for sex offenders: registered sex offender, violent sexual predator, and juvenile sex offender. This registry allows you to see all registered sex offenders living within a one- mile radius of any address within Ada County. If you are looking for information.
See I. Smith, Idaho , , P. Nowhere in I. When the statute is read in context, paragraph 1 refers to a change of address or actual residence to another place within the State of Idaho, and subsection 2 refers to a change of address to another state. See Twin Falls Cnty. Hulbert, 66 Idaho , , P. Twin Falls Cnty. There was no evidence at trial as to how Lee left Idaho, whether it was by air or by land.
Assuming that Lee traveled through one or more states before leaving the United States, he would not necessarily have had an address in any of those states. Therefore, there was no evidence that he changed his address to another state. Because subsection 2 clearly applies when an offender changes his or her address to another state, subsection 1 logically applies when an offender changes his or her address or actual residence to another place in Idaho. Offenders in Idaho were required to register with the sheriff of the county in which they established a residence or temporary domicile.
The plain language of the statute indicates that it does not apply when an offender changes his or her address or actual residence to another country. During oral argument, the State contended that even if Lee did not violate the letter of the law, his conviction should be upheld because he violated the intent of the law that sex offenders maintain their registration even if they move to a foreign country. If that is what the legislature intended, it would have drafted the statute accordingly.
Lee cannot be convicted based upon an unexpressed intent of the legislature. There is insufficient evidence that Lee changed his address or actual residence to a place in Idaho. In an attempt to prove this, the State relied upon the envelope mailed to Lee on March 1, , which was returned unopened. There was also no evidence as to who lived at that address in The State simply argued that the jury could infer that someone at the post office placed the sticker on the envelope and that such person somehow knew that Lee resided at the Howard Street address.
There was no evidence that Lee or anyone on his behalf reported a change of address for him to the post office. Nor did anyone from the post office testify at trial.
The evidence was not sufficient to prove beyond a reasonable doubt that Lee changed his address or actual residence to Howard Street after he left the North 15th Street address. Lee claims that I. Because this Court holds that the evidence in the record does not establish beyond a reasonable doubt that Lee failed to register as a sex offender in violation of I.
Two people who went missing while kayaking in the south Canadian River, have been found safe, police officials confirmed. If you have access to any of these resources and would be willing to have them copied, please contact the County Coordinator at payettecounty yahoo. The Nevada State Contractors Board shall have no liability or responsibility for loss and damages arising from the information provided from these pages. The Bureau of Criminal Identification BCI provides information and identification services that assist law enforcement agencies detect and apprehend criminals, which promote public and officer safety, and that support the criminal justice system in the prosecution, adjudication, and correctional supervision of offenders. California Collection Serv.