Safe Havens

The state statute section, and any subsections of the statute defining offense of conviction must be specified.  Include neighboring and definition statutes that give further definition to the elements of the offense.  In addition, the text of the relevant statute must be established as it existed on the date the offense occurred, since that is the relevant text required to be used under the Ex Post Facto doctrine of the United States Constitution.  A statute violates the ex post facto clause of the federal or state constitution[124] if it either (a) punishes as a crime an act previously committed that was innocent when done, (b) increases the punishment for a crime after its commission, or (c) deprives an accused of any defense available under the law at the time the act was committed.[125]

[124] U.S. Const., art. I, sec. 9, clause 3 (Congress may not pass ex post facto law); U.S. Const., art. I, sec. 10, clause 1 (state may not pass ex post facto law).

[125] Collins v. Youngblood, 497 U.S. 37, 111 L.Ed.2d 30 (1990).