Crain v. State, S-08-0215.
| Decision Date | 22 October 2009 |
| Docket Number | No. S-09-0002.,No. S-08-0215.,S-08-0215.,S-09-0002. |
| Parties | Monique Joy CRAIN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Michael May, Appellant (Defendant), v. The State of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Representing Appellants: Diane M. Lozano, Wyoming State Public Defender; Tina N. Kerin, Appellate Counsel; and Eric Alden and Kirk A. Morgan, Senior Assistants Appellate Counsel.
Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Graham M. Smith, Assistant Attorney General; Nicole G. Krieger, Special Assistant Attorney General.
Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.
[¶ 1] The Appellants in these consolidated cases challenge their convictions for sexual abuse of a minor under the comprehensive 2007 amendments to Wyoming's sexual assault statutes. Although each Appellant articulated the issues in slightly different terms, we deem the following to capture the essence of their claims: (1) Where those amended statutes criminalize sexual abuse of a minor "on a victim who is thirteen (13) through fifteen (15) years of age," does that descriptive phrase include victims who are one day or more past his/her 15th birthday; and, (2) is that descriptive phrase unconstitutionally vague as applied to each of these Appellants' cases? We hold that the statutes at issue are not ambiguous and do not require this Court to construe them beyond their plain language. In addition, we conclude that the statutes are not unconstitutionally vague as applied to these two Appellants.1
[¶ 2] In Case No. S-08-0215, Monique Joy Crain v. State of Wyoming, Crain entered a conditional plea of guilty to violating Wyo. Stat. Ann. § 6-2-315(a)(i) (LexisNexis 2009) which provides:
§ 6-2-315. Sexual abuse of a minor in the second degree; penalties.
(a) Except under circumstance constituting sexual abuse of a minor in the first degree as defined by W.S. 6-2-314, an actor commits the crime of sexual abuse of a minor in the second degree if:
(i) Being seventeen (17) years of age or older, the actor inflicts sexual intrusion2 on a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor;
(ii) Being sixteen (16) years of age or older, the actor engages in sexual contact of a victim who is less than thirteen (13) years of age;
(iii) Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than eighteen (18) years of age and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402; or
(iv) Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim.
(b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than twenty (20) years, unless the person convicted qualifies under W.S. 6-2-306(e).3 [Emphasis added.]
[¶ 3] In order to fully comprehend the above statute in context, we must also briefly consult Wyo. Stat. Ann. §§ 6-2-314, 6-2-316, and 6-2-317 (LexisNexis 2009):
§ 6-2-314. Sexual abuse of a minor in the first degree; penalties.
(i) Being sixteen (16) years of age or older, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age;
(ii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than eighteen (18) years of age, and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402;
(iii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim.
§ 6-2-316. Sexual abuse of a minor in the third degree.
(a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if:
(i) Being seventeen (17) years of age or older, the actor engages in sexual contact with a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor;
(ii) Being twenty (20) years of age or older, the actor engages in sexual intrusion with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim;
(iii) Being less than sixteen (16) years of age, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or
(iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor.
(b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifteen (15) years.
(c) A person charged with violating the provisions of paragraph (a)(iii) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.
§ 6-2-317. Sexual abuse of a minor in the fourth degree.
(a) Except under circumstance constituting sexual abuse of a minor in the first, second or third degree as defined by W.S. 6-2-314 through 6-2-316, an actor commits the crime of sexual abuse of a minor in the fourth degree if:
(i) Being less than sixteen (16) years of age, the actor engages in sexual contact with a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or
(ii) Being twenty (20) years of age or older, the actor engages in sexual contact with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim.
(b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than five (5) years.
(c) A person charged with violating the provisions of paragraph (a)(i) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.
[¶ 4] On March 1, 2008, Crain (who was 22 years, four months and 17 days of age) engaged in consensual sexual intercourse with her male victim (who was 15 years, five months and eight days of age) in the backseat of a car. As noted above, Crain entered a conditional plea of guilty to the charged offense, reserving the right to appeal the issues raised herein. Crain raised both of the issues recited above in a motion to dismiss filed in the district court, and the district court denied that motion.
* * * * * *
[¶ 5] In Case No. S-09-0002, Michael May v. State of Wyoming, May entered pleas of guilty to one count of violating Wyo. Stat. Ann. § 6-2-316(a)(i) (LexisNexis 2009) and one count of violating § 6-2-316(a)(iv):
§ 6-2-316. Sexual abuse of a minor in the third degree; penalties.
(a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if:
(i) Being seventeen (17) years of age or older, the actor engages in sexual contact4 with a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor;;
(ii) Being twenty (20) years of age or older, the actor engages in sexual intrusion with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim;
(iii) Being less than sixteen (16) years of age, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or
(iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor..
(b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifteen (15) years.
(c) A person charged with violating the provisions of paragraph (a)(iii) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237. [Emphasis added.]
[¶ 6] The victim in this case was 15 years, four months, and 25 days old. May was 39 years old. The record indicates that May was first seen sitting on a bed in his boxer shorts and the victim was standing between his legs facing him, naked from the waist down. About five minutes later May was seen in bed with the victim, his shorts pulled down to his mid thighs, and the victim atop him with her naked genitals over May's naked genitals. As noted above, May entered conditional pleas of...
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