Skip to main content

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

Citation
Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf
Jurisdiction
Washington (state)
Source verification
official_capture_completeness_unverified

Full Text

1,748 chars
defined as: " to make different" or " to replace with another." WEBSTER' s, supra, at 373. Breidt

offers no discernible argument as to why the dictionary definition of "change" is not an appropriate

The legislature corrected the deficiency identified in Jenkins and the relevant part of the statute
now reads, " A person required to register under this section must provide the following

information when registering ... ( ii) complete and accurate residential address or, if the person
lacks a fixed residence, where he or she plans to stay." RCW 9A.44. 130( 2)( a).

6
             

No. 45190 -5 -II

meaning to assign to the word within the sex offender registration statute or how the ordinary

meaning fails to sufficiently define the term. Thus, Breidt' s argument that the term " change" is

unconstitutionally vague, fails.

D. " CHANGES HIS OR HER RESIDENCE ADDRESS"

Similarly, Breidt argues the entire phrase " changes his or her residence address" is vague.

Br. of Appellant at 7. We disagree.

Breidt points out that, in Jenkins, we held that the phrase " changes his or her residence

address" was unconstitutionally vague. 100 Wn. App. at 90. However, as discussed above,

Jenkins involved a challenge by a homeless sex offender under the prior version of the statute

which did not provide specific procedures for homeless sex offenders to register. Id. at 91. The

Jenkins court noted that, because the homeless did not have a " residence address," people " must

necessarily guess as to the types of living situations that the term ` residence' encompasses." Id. at

91. In other words, under the former statute, determining that " residence address" included the