FROM THE CIRCUIT COURT OF POLK COUNTY Honorable Michael O.
Dean Moore ("Defendant") challenges his conviction
after a bench trial for failing to register as a sexual
offender. See section 589.425.1. Defendant's
point on appeal claims "the evidence did not prove"
that he had changed his residence and then "knowingly
failed to register a change of residence within the required
three days." Finding no merit in this claim, we affirm.
Principles of Review and Governing Law
review the sufficiency of the evidence in a court-tried
criminal case "by applying the same standard used in a
jury-tried case." State v. Holman, 230 S.W.3d
77, 82 (Mo. App. S.D. 2007).
Appellate review of sufficiency of the evidence is limited to
whether the State has introduced sufficient evidence from
which a reasonable juror could have found each element of the
crime beyond a reasonable doubt. State v. Nash, 339
S.W.3d 500, 508-09 (Mo. banc 2011). This Court does not
reweigh the evidence but, rather, considers it in the light
most favorable to the verdict and grants the State all
reasonable inferences. Id. at 509. Contrary evidence
and inferences are disregarded. Id. The Court may
not supply missing evidence or give the State the benefit of
unreasonable, speculative, or forced inferences.
State v. Hunt, 451 S.W.3d 251, 257 (Mo. banc 2014).
person convicted of certain offenses including "a felony
offense of chapter 566" or an offense requiring
registration under federal law, is required to "register
with the chief law enforcement official of the county"
in which that person resides. Section 589.400.1(1), (7), and
.2. If a person required to register as a sexual offender
changes such person's residence or address to a different
county . . . the person shall appear in person and shall
inform both the chief law enforcement official with whom the
person last registered and the chief law enforcement official
of the county . . . having jurisdiction over the new
residence or address in writing within three business days of
such new address[.]
589.414.2. "[T]he obligation to report a change of
residence encompasses an obligation to report any temporary
or permanent change in the place where an offender is
actually living or dwelling." State v. Younger,
386 S.W.3d 848, 855 (Mo. App. W.D. 2012).
elements of the crime of failing to register as a sexual
offender are: "(1) Defendant was required to register
under Sections 589.400 to 589.425; (2) Defendant changed his
residence; (3) Defendant did not inform [the chief law
enforcement official] of the change within three days of the
change; and (4) Defendant acted knowingly." State v.
Jacobs, 421 S.W.3d 507, 513 (Mo. App. S.D. 2013) (en
banc). The "knowingly" mens rea applies
both to the individual's change of residence and failure
to notify the proper authorities of the change.
Younger, 386 S.W.3d at 858.
State's amended information charged "that between
September 5, 2014 and September 17, 2014, [Defendant]
knowingly failed . . . to notify the Sheriff of Polk County
of his new address in person and in writing within three
business days of moving from . . . Bates County to . . . Polk
County, his new address." This summary of the evidence
relevant to that charge is in keeping with the requirement
that we view it in the light most favorable to the State.
See Hunt, 451 S.W.3d at 257; Holman, 230
S.W.3d at 83.
1994, Defendant was convicted of forcible rape in Dallas
County. See section 566.030.1, RSMo 1994. A
"MISSOURI STATE HIGHWAY PATROL MISSOURI SEX OFFENDER
REGISTRATION" form, received into evidence as
State's Exhibit 4, documented Defendant's
registration while residing in Rich Hill, Bates County, in
June 2014 ("the Bates County form"). The fourth
page of the Bates County form was signed by Defendant, and it
included numbered paragraphs ...