Maxwell v. Iowa Department of Public Safety

Defendant was required to register as a sex offender under Iowa Code 692A.103(1) upon his conviction of lascivious conduct with a minor and release on bond, notwithstanding this appeal.Defendant argued that he had no obligation to register after posting an appeal bond to stay execution of the underlying criminal judgment and before he began serving any prison sentence or was placed on probation. The district court concluded that Defendant was required to register as of the date he was sentenced to prison for the sex offense and was released on the appeal bond. Defendant’s conviction was later affirmed on appeal. Now Defendant faced new criminal charges for violating chapter 692A’s sex offender residency restrictions before his conviction was affirmed. The Supreme Court affirmed the judgment of the district court, holding (1) the stay of execution on Defendant’s criminal judgment did not delay the automatic administrative registration requirement for convicted sex offenders; and (2) Defendant’s release on the appeal bond constituted a “release from incarceration” within the meaning of section 692A.103(1). View "Maxwell v. Iowa Department of Public Safety" on Justia Law