This “persistent sex offender” status is usually sprung on the defendant at sentencing, after they have gone to trial or through the plea process without ever knowing the true seriousness of the offense for which they were charged.I recently argued to the COA that the State is required to give notice in the complaint of the defendant’s “persistent sex offender” status. The argument is based on K.S.A. 22-3201(c), which creates a due process notice requirement by requiring a complaint, indictment, or information to “allege facts sufficient to constitute a crime or specific crime subcategory in the crime seriousness scale.” SeeState v. Masterson, 261 Kan. 158, 163-64, 929 P.2d 127 (1996).