State v. Cook, 286 Kan. 766

Summary

The Supreme Court of Kansas considered whether prosecuting Larhon Cook under amended offender-registration statutes violated the constitutional prohibition against ex post facto laws. The court held that Cook’s failure to register was a continuing violation and that each 30-day period after the amendments’ effective date constituted a new offense. It reversed the dismissal and remanded with directions to reinstate the charge.

Holdings

1. Applying the amended registration statute to Cook did not violate the prohibition against ex post facto laws because his failure to register was continuing and, after July 1, 2006, each 30-day period constituted a new and separate offense subject to the amended penalty.

Questions Presented

1. Whether applying the 2006 amendments to the Kansas Offender Registration Act, including the increased penalty and separate-offense provision, to Cook's continuing failure to register violated the constitutional prohibition against ex post facto laws.
2. Whether the State could charge Cook after July 1, 2006 based on registration violations that continued or recurred after the amendments became effective.

Disposition

reversed_and_remanded