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Transient Sex Offender Not Required to Provide Address

On July 18, 2009, Washington State charged Phillip Flowers with failure to register as a sex offender as required by RCW 9A.44.130(11)(a). Flowers subsequently filed a Knapstead motion, which was granted by the district court. The State then appealed that ruling.

At issue is whether a sex offender who does not have a fixed address is required to notify the County Sheriff on a weekly basis where he stayed for the preceding seven days, as practiced in some counties. Flowers contended the weekly reports to the sheriff are not statutorily required, and, therefore, it is not a crime to fail to comply. Although the sheriff is authorized by statute to command such reporting, the reporting is not expressly required by the applicable law. Consequently, the district court’s ruling dismissing the charge against Flowers was affirmed on appeal. See: Wash. v. Flowers, Wash. App., Div II, #38468-0-III.

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Related legal case

Wash. v. Flowers