Monday, March 25, 2013

KY COA - Hawk - Sex Offender Registration

Daniel Hawk v. Commonwealth - 3/15/13 - Reversing and Remanding

Hawk was convicted of failure to register as a sex offender, second offense, because he had one prior offense for failing to register in Michigan.  Hawk argued that the state specifically required a prior conviction in Kentucky to be guilty of failure to register, second offense.  

The Court of Appeals agreed.We must agree with Appellant that the plain language of KRS 17.510 requires a prior conviction under the current Kentucky statute, or a prior version of such, to sustain a conviction for failure to register, second offense. If the legislature had intended to punish someone who has a prior offense in a foreign jurisdiction as a second time offender, it would have been so stated in the statute.” 

Bob Ganstine argued the case before the trial court and Erin Yang briefed the case on appeal. 

Contributed by Jason Apollo Hart