State's top court: Sex offender not exempt from registering

The Idaho Supreme Court upheld a 1st District Court ruling from Kootenai County that said a 2009 amendment to the state's sex offender registration law does apply to a Coeur d'Alene man, according to a Monday opinion.

Randall P. Bottum, 55, was sentenced in July 1991 to 10 years in prison for felony lewd conduct with a minor, but the sentence was suspended and he was placed on probation for five years. His probation ended in July 1996, and the case was dismissed in February 2011.

At the time Bottum was sentenced, Idaho didn't have a sex offender registration statute.

But in 1993, the Idaho Legislature passed the Sex Offender Registration Act. The act applied retroactively to people convicted prior to July 1993, and those who were still on probation.

The act required sex offenders to register while on probation and "for a period of 10 years after the date of discharge from probation, parole or release from incarceration, whichever is greater."

In 1998, the Legislature repealed the Sex Offender Registration Act, and enacted the Sexual Offender Registration Notification and Community Right-to-Know Act.

The new act applied retroactively to people convicted of crimes before the statute was enacted. It also applied to those on probation.

So, because Bottum was still on probation, the statute applied to him and he had to register as a sex offender.

Bottum sought an exemption, but his offense, lewd conduct, is considered an aggravated offense so he wasn't eligible. The District Court in Kootenai County denied his petition for an exemption.

"When a legislative act is expressly stated to be retroactive, subsequent amendments to that act are also retroactive, as long as retroactive application would not violate the Constitution," according to the Supreme Court opinion.

The justices added, "Mr. Bottum does not contend that applying the amendment to him would violate any constitutional provision. Therefore, the district court did not err in dismissing Mr. Bottum's petition."

Read More Local News

Music poll reveals wide North Idaho tastes

February 26, 2017 at 5:00 am | Coeur d'Alene Press Wow, you’re really into this thing. The first-ever Press Pop Music Poll seems to have struck a chord (pun intended) with folks in North Idaho. Unless the internet stops working in the next few minu...

Read More

State reps come to the people

February 26, 2017 at 5:00 am | Coeur d'Alene Press COEUR d’ALENE — Education and liquor licenses were the hot topics of Saturday's town hall meeting with Idaho Representatives Paul Amador and Luke Malek. More than 80 community members showed up at...

Read More

Redman, Barbieri discuss health care options, among other topics

February 26, 2017 at 5:00 am | Coeur d'Alene Press ATHOL — Rep. Eric Redman guaranteed attendees at a town hall Saturday that Medicaid would not be expanded in Idaho this legislative session. Eleven people attended the health care town hall hosted...

Read More

Graydon Stanley: A full plate at NIC

February 26, 2017 at 5:00 am | Coeur d'Alene Press On hot summer days, when he’s not working, Graydon Stanley can be found on his pontoon boat on Lake Coeur d’Alene reading a book, listening to music or just enjoying the day with his wife. Stanley...

Read More

X