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State v Kenneth Dale Stark

8-10-2011 South Dakota:

State v Kenneth Dale Stark

Kenneth Dale Stark appeals his conviction on two counts of loitering in a community safety zone in violation of SDCL 22-24B-24. Stark appeals, raising four issues:
  • (1) that the South Dakota statutes prohibiting sex offenders from loitering in a community safety zone are unconstitutional;
  • (2) that the trial court erred by allowing the State to amend the Part II Information to include the correct location of his prior felony conviction;
  • (3) that there was insufficient evidence to establish that his primary purpose for remaining in the community safety zone was to observe or contact minors; and
  • (4) that the trial court abused its discretion by admitting evidence that an individual in a white mini-van registered to him was seen in a community safety zone the day before the charged conduct occurred.
We affirm on all issues.

Also, read this Harvard Law Review paper (Adobe pp 229-245): Next-Generation Sex Offender Statutes: Constitutional Challenges to Residency, Work, and Loitering Restrictions by Chiraag Bains

Also: Whitaker v Perdue And HERE Overview of GA SO laws.

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