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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)
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official_capture_completeness_unverified

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former RCW 9A.44. 130( 3) ( 1998) because former RCW 9A.44. 130( 3) required a sex offender to

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No. 45190 -5 - II

provide an address when registering but it did not specify whether the sex offender was required

to provide a mailing address or a residence address. Id. at 91.

The vagueness problem identified in Jenkins, as it relates to the term " address" does not

exist here. RCW 9A.44. 130( 4)( a) specifically references a " residence address." Therefore, there

is no confusion regarding whether the address refers to a residence address or a mailing address.'

Breidt accurately observes that, in RCW 9A.44. 130( 4)( a), the legislature used the phrase

residence address" rather than " fixed residence," a term used elsewhere within RCW 9A.44. 130.

Breidt asserts that, therefore, " residence address" must mean something different than " fixed

residence." This assertion is correct. However, we decline to reach the conclusion that Breidt

would like this court to reach based on that assertion.

As explained above, the courts have already established the plain meaning of the terms

residence" and " address." The plain meaning of the phrase " residence address" can be

determined by combining the plain meanings of " residence" and " address." Accordingly,

residence address" is the designation of "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.

Breidt further argues that " change" is not adequately defined in the statute. " Change" is