Idaho court overturns sex offender conviction

7-5-2012 Idaho:

BOISE, Idaho (AP) — The Idaho Supreme Court has overturned a man's conviction on failing to register as a sex offender because the high court found that Idaho's sex offender laws didn't apply to people who moved to foreign countries.

David Leroy Lee was ordered to register as a sex offender in 2001 after he was convicted of lewd conduct with a minor under the age of 16. As part of his parole, he was ordered to register as a sex offender once a year and confirm his residence twice a year. He also was ordered to wear an electronic monitoring device on his ankle.

Lee registered as a sex offender early that year, and in March, he confirmed his Boise address, according to the ruling. But in October, he cut off his ankle bracelet and left his home, and a warrant was issued for his arrest.

Lee was eventually arrested in Belize in 2009 in connection with an ongoing explosives investigation. He was extradited to Idaho, where he was charged with failing to register as a sex offender. An Ada County jury found him guilty of the charge.

Lee appealed, and on Thursday, the Idaho Supreme Court ordered his conviction overturned.

The unanimous high court found that the sex offender registration law, as it existed in 2001, didn't require sex offenders to update their addresses if they left the country, though it did require updates for sex offenders moving to new addresses within U.S. borders.

"If the legislature intended the statute to apply to changes of address or actual residences to other countries, it would have been easy for it to do so by simply using the word 'country' in the statute," Justice Jim Jones wrote for the court. "... Lee cannot be convicted based upon an unexpressed intent of the legislature."

Kris Bivens-Cloyd with the Idaho Attorney General's office said the office had no comment on the ruling.

Idaho's sex offender registration law has been significantly updated since 2001. Among other changes, it now requires sex offenders to notify the registry if they plan to move to another country. ..Source.. by REBECCA BOONE