State v. Moler
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The Supreme Court reversed Defendant's convictions for two counts of violating the Kansas Offender Records Act, Kan. Stat. Ann. 22-4901 et seq., holding that holding that the registration directive in 22-4907(a)(12) is ambiguous and that the State's interpretation conflicts with the legislative history of the statute and rule of lenity.
KORA makes it a crime for a person subject to it provisions to fail to register "any vehicle owned or operated by the offender, or any vehicle the offender regulatory drives, for personal use or in the course of employment." At issue was whether Defendant could be convicted for not registering another person's vehicle that was only driven one time. The Supreme Court concluded that he could not, holding (1) KORA does not require registering a vehicle driven only one time; and (2) because the evidence showed Defendant only drove each vehicle one time, Defendant's convictions must be reversed.
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