Iowa Supreme Court Reverses Conviction Over In-Person Registration Requirement

Iowa Supreme Court Reverses Conviction Over In-Person Registration Requirement

In State v. Ronald Eugene Cooley, the Iowa Supreme Court reversed a Linn County conviction based on a misapplication of Iowa’s sex offender registry statute. The case turned on whether a statutory requirement to “appear in person” could be satisfied by registering a change of address by phone during the COVID-19 pandemic.

Mr. Cooley attempted to update his address in early April 2021, shortly after moving. He testified that he went to the sheriff’s office in person but found it closed to the public due to pandemic protocols. Although a phone number was posted on the office door, Cooley stated that he was unable to reach anyone by phone for several days. When he eventually did update his information, it was outside the five-business-day window required by Iowa Code section 692A.104(2). He was convicted and sentenced as a habitual offender.

The district court declined to include the statute’s “appear in person” language in the jury instructions. The Iowa Supreme Court held that this was error. The Court emphasized that the statute expressly requires an in-person appearance to update an address, and that courts must instruct juries on all essential elements of a charged offense. The Court concluded that this instructional omission was not harmless, as it prevented the jury from fully evaluating Cooley’s defense—that he did attempt to comply with the in-person requirement.

The decision underscores the importance of clear jury instructions and adherence to statutory language, particularly in criminal cases where liberty is at stake. The case was remanded for a new trial.