Appeals Court (July 19, 2007)

All registration requirements of the sex offender registry law apply to all homeless sex offenders, regardless of the fact that they do not reside at a homeless shelter.

The defendant was found guilty of failing to register as a sex offender. He appealed his conviction arguing that since he was not living in a homeless shelter at the time, he was not required to register as a sex offender pursuant to G.L. c. 6, §178F1/2.

The Appeals Court rejected the defendant's argument. While the statute states that a level two or three sex offender living in a homeless shelter must register every ninety days, the fact that the statute does not specifically state when homeless sex offenders not living in a homeless shelter should register does not nullify the defendant's registration requirement. "Where a sex offender lives does not control the requirement of registering under the statute. . . . [A]ll sex offenders must register with the board."