Washington v. Batson (Majority and Dissent)
Annotate this CaseThe issue this case presented for the Washington Supreme Court's review centered on whether the state legislature could impose a duty to register as a sex offender in Washington where an individual would be required to register in the state of conviction. In 1984, respondent Benjamin Batson pleaded guilty in an Arizona court to two counts of sexual conduct with a minor. As a result of his conviction, Arizona law required Batson to register as a sex offender for life. At some point prior to April 6, 2009, Batson moved to Washington. At that time, the State required individuals to register as sex offenders only if their out-ofstate offense would have been classified as a sex offense in Washington. Since Batson’s Arizona conviction arose from sexual contact with a 16-year-old, his offense would not have been a crime in Washington. But in June 2010, the state legislature amended the sex registry statute to require registration for “[a]ny federal or out-of-state conviction for: [a]n offense for which the person would be required to register as a sex offender while residing in the state of conviction.” The Court of Appeals held that RCW 9A.44.128(10)(h) was an unconstitutional delegation of legislative authority, but the Washington Supreme Court reversed: "the legislature permissibly identified circumstances under which Washington sex offender registration requirements become operative as to individuals with out-of-state convictions."
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