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Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf
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Washington (state)
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If any person required to register pursuant to this section changes his or her
residence address within the same county, the person must provide, by certified
mail, with return receipt requested or in person, signed written notice of the change
of address to the county sheriff within three business days of moving.

We hold that all of the individual terms that Breidt challenges are defined by either prior

case law or their ordinary meaning. And, the entire phrase " changes his or her residence address"

is sufficiently clear to inform a person of common intelligence what conduct is required or

proscribed.

A. STANDARD OF REVIEW

We review the constitutionality of a statute de novo. State v. Watson, 160 Wn.2d 1, 5 -6,

154 P. 3d 909 ( 2007). We presume that statutes are constitutional; the defendant bears the burden

of proving the statute is vague beyond a reasonable doubt. State v. Coria, 120 Wn.2d 156, 163,

839 P. 2d 890 ( 1992). When the statute at issue " does not involve First Amendment rights, we

evaluate the vagueness challenge by examining the statute as applied under the particular facts of

the case." State v. Jenkins, 100 Wn. App. 85, 89, 995 P.2d 1268, review denied, 141 Wn.2d 1011

2000).

Due process requires statutes to provide fair notice of the conduct they require or proscribe.

Watson, 160 Wn.2d at 6. " A statute fails to provide the required notice if it `either forbids or

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No. 45190 -5 -II

requires the doing of an act in terms so vague that men of common intelligence must necessarily
guess at its meaning and differ as to its application. ' Id. at 7 ( quoting Connally v. Gen. Constr.