Source: floridaactioncommittee.org 7/31/22
Not knowing you have to register something or not having the mental capacity to understand how to register is not a defense to a registration violation according to the Supreme Court of Kansas.
A person required to register in Kansas was convicted of a failure to register offense. He was required to report quarterly, every May, August, November, and February, plus changes.On September 18, he went in to report a change of phone number. He went in again on October 9 to report an address change. But he failed to show up for his registration appointment in November, instead coming in again on December 15th to register. He was arrested for missing the November registration.
How can you get arrested for something strictly administrative?
Mother effers.
What I’m not seeing is elderly getting slammed with FTR due to
dementia, but I can’t believe it doesn’t happen. As the million+ PFR population ages, I’d expect to
see either an increase or, ideally, protocols for the Stasi to follow for old folks.There’s must be thousands of PFR’s too old to remember to schedule registration appointments, let alone get themselves to the appointment.
What happens to them/us?
We are all safer now that he is behind bars for this… Let the children play!!
What clowns
Kansas needs to get on board with Michigan’s 6th Circuit where the judge ruled registrants can’t be held liable for unintentionally violating sora rules.
My state, and most states (including the Fed), have a “knowingly” standard attached to FTR. Any state’s have an “Intentional” standard? I saw we want to keep an eye on this to see if other states will change their laws so that it is a strict liability crime.
What Is Strict Liability? Under criminal law, strict liability crimes are actions that are considered to be criminal regardless of the person’s intentions. Defendants for strict liability crimes will be convicted even if they were not aware that their actions were criminal and even if they had no criminal intent.
No wonder the best time to drive through KS is the dark of the night because everything else is ugly there, including the legal brain trust. This line of thought the court brings forth is something out of old England where dungeons and other punishments were used because they could. Did not know you couldn’t look sideways at high noon on a given day? Too bad, you did and therefore, to the rack you go!
Again, to expect everyone to know the rule of law in a particular place just because they are there, visiting or otherwise, is crazy when one considers the laws on the books for each jurisdiction are usually voluminous and would take weeks to read.
Strict liability for the individual, but intermediate scrutiny for SCOTUS weighing congressional Acts applied subsequent to conviction for already codified crimes. Precisely the inverse disposition ratified under the Bill of rights. Child Sexual assault carries the same strict liability. Big tech was able to avoid such liabilities now weren’t they.