homeless or people without a fixed address, required people to guess that the statute applied to
them.
But after the legislature amended former RCW 9A.44. 130 to include procedures
specifically for people without a fixed address, the vagueness problem that was identified in
Jenkins no longer exists. If people are without a fixed address, there are provisions that explicitly
apply to them. And, if a person goes from having a residence address to being homeless, it is clear
that the provisions regarding residences no longer apply. Instead, the procedures for their
registration are governed by the procedures for sex offenders with no fixed residence. Therefore,
the phrase " changes his or her residence address" can only apply when a person establishes a
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No. 45190 -5 -II
different residence or replaces one residence with another. Applying the same basic principles
articulated above, the phrase " changes his or her residence address" means when a person makes
a different location " the place where a person lives as either a temporary or permanent dwelling, a
place to which one intends to return, as distinguished from a place of temporary sojourn or transient
visit." Pickett, 95 Wn. App. at 478.
Here, Breidt was told to move out of Chavez' s house by November 1, 2012. He took the
majority of his belongings with him. Chavez testified that Breidt never resided at the house after
he was told to move out. And, although Breidt still received mail at the house, Chavez had started
returning Breidt' s mail to sender. There is no evidence that Breidt intended to return to Chavez' s
home for more than a transient visit. Therefore, Chavez' s home could not be Breidt' s residence.